7//////////////////////////////^^^^^^ Hadden, Best & Co.'s Publications. Crown 8vo. Cloth. Price Ss. PAROCHIAL ASSESSMENT RULES, With Notes of Dcci.Ie.l Cases on llic Law of Rating, l)y HARRIS P. CLEAVER, Clerk to the West Derby Union, and FRANK ROHRWEGER, of the Inner Temple, Barrister- at-Law ; to which are appeniled the Union .\ssessment Committee Acts of 1862 and 1864, with notes and references to cases; a Digest of the Valuation (Metropolis) Act, 1869, with cases and orders thereunder ; and tables showing rateable value deduced from gross estimated rental on sums from ^I to ;^2,ooo. This work is particularly designed for the guidance of Overseers in assessing the value of properly fot ihepurposes of the ptxir rate, and of Assessment Committees in connection with their duties under the Union Assessment Committee Acts. Second Edition, revised and enlarged. Demy Svo, 436 pp. Cloth. Price "s. 6d. THE COUNCILLORS' HANDBOOK, Being a Practical Guide to the Election and Business of a County Council under the Local Government Act, 1888. By Nicholas Herbert, and A. F. Jenkin, B.A., of the Inner Temple, Barristcr-at-Law. Thefulltext of Local Government Act, 188S ; the County Electors Act, i83S ; the Incorporated Clauses ■if the Municipal Corporations Act, 1882; and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, &c., is appended to this work. Crown Svo. Cloth. Price 5s. PAUPER CHILDREN, Their Education and Training. A complete Handbook to the Law relating to Pauper Children, as comprised in the several Acts o{ Parliament relating thereto, and in the Orders of the Poor Law Commissioners, Poor Law Board, and the Local Government Board. By R. A. Leach, Clerk to the Guardians of the Rochdale Union. Fcap. 4to, 178 pp. Cloth. Price 5s. MORNING AND EVENING PRAYERS. Specially arranged for use in Hospitals, Workhouses, and other Institutions. By the Rev. J. D. Harrison, M.A., Vicar of St. Lawrence, Barton, and Chaplain of Fulwood Workhouse, Preston. The work provides a succession of simple prayers for daily use, extending over a period of four weeks, with special prayers for Christmas D.iy, Good Friday, Easter Sunday, and Whit Sunday. _ The prayers have been specially prepared for use in Workhouses, and other similar Institutions, but ar« equally adapted for purposes of family prayer. Crown Svo. Price 2s. 6d. HADDEN'S HANDBOOK TO THE COUNTY ELECTORS ACT, 1888. With full exjilanatory notes, and all Acts of Parliament required for reference. Demy Svo. Cloth. Price I2s. 6d. FLEMING'S TABLES. Comprising Sinking Fund Tables, Loan Rep.-iyment and Annuity Tables, and Compound Interest Tables ; to which is appended an Exemplification of Sinking Fund and Capital Accounts. By J. Fleming. Second Er)n'iON-. 200 more words added. Cloth. 2s. POCKET VOCABULARY of MEDICAL TERMS (With their pronunciations). By Henry Payne, M.D., M.R.C.S. Crown Svo. Paper boards. Price Is. 3d. HADDEN'S HANDBOOK OF THE LAW RELATING 10 DAIRIES, COW-SHEDS, AND MILK-SHOPS, ■"mpriscd in ihc Cont-igious Diseases (Animals) .Acts, the Public Health -Vet, and the Order of the Privy Council and Local Government Board. IHadden, Best &\ aocal (Sober nment |lui)It^i)et^, ^ . WILL SUPPLY ALL OFFICIAL BOOKS AND FORMS REQUIRED BY Parish Meetings, I District Councils, Parish Councils, Boards of Guardians, And other Authorities under the Local Government Act, 1894, ^^cl the Enactments incorporated therewith or referred to therein. COMMON SEALS for DISTRICT COUNCILS. Designs and Pricei New Seals and CoLkfetparts fi&^N). S4 QM P/esses of the superseded Ki^cal Bciards _andp^|it;a.j|^^ement Commissioners. OFFICIAL STATIONERY at Stores Prices. ELECTION REQUISITES. — Baiiot Boxes, Stamping Instruments, Ballot Pencils, Presiding Officers' Sundries, and all Forms required under the Ballot Act, and the Rules issued by the Local Government Board, WEST HARDING STREET, FETTER LANE, LONDON, E.C, I ) #^#% «^ Hadd en. With Not. to thcWc at- Law with note with casc'l i UNIVERSITY OF CALIFORNIA AT LOS ANGELES rO'3 HADDEN'S HANDBOOK ON THE Local Govern A COMPLETE AND PRACTICAL GUIDE TO THE ABOVE ACT AND ITS INCORPORATED ENACTMENTS. r To WHICH ARE Appended The Full Text of the Principal Act ; The Incorporated Sections of The Ballot Act, 1872; The Public Health Act, 1875; The Municipal Corporations Act, 1882; The Municipal Elections (Corrupt AND Illegal Practices) Act, 1884 ; The Allotments Acts, 1887 & 1890; and other Statutes; together with the Circulars and Orders issued by the Local Government Board, AND Other Official Information. LONDON: HADDEN, BEST & CO., WEST HARDING STREET, PETTIER LANE, E.G., 1894. LONDON : Hadden, Best & Co., Printers, \Vest Harding Street, E.C. :^' II PEEFACE. In the preparation of this handbook on the Local Govern- C.0 ment Act, 1894, I have had but one object in view, namely — L^ to produce a work which, whether it is consulted hastily or ^ studied at leisure, will provide a ready answer to any of the g numerous problems that present themselves in the carrying out g of the new Act. The book is primarily designed to meet "7 the convenience of members of county, district, and parish councils, and of boards of guardians, as well as of officers of those authorities ; but it will, I hope, be of equal value to every other person interested in local administration. It is intended to form a practical and concise guide to the statute and its numerous incorporated enactments. Many of the provisions of law are exceedingly intricate, and are scattered about in several sections of the statutes. An endeavour has been made in dealing with each particular subject to gather the scattered threads together, so that the o reader may find in one place the information which he requires, 2J without having to make troublesome cross references from OS one part of the work to another. A long experience in the ^ administration of the law relating to every branch of local ^s government, convinces me that this arrangement will be found '^' particularly useful at meetings and on other occasions when any knotty point that demands solution must be settled then and there, and that the plan of this work will contrast most favour- ably with the ordinary arrangement adopted by other text-book writers. To take, for an instance, such a simple matter as the chair- manship of the parish meeting, references to at least four sections and a schedule of the Act are required to discover who is empowered to take the chair at an assembly of the parish meeting ; and other provisions must be consulted to determine when the chairman of a parish meeting for a parish without a parish council is to be elected, and for how long he holds ^ office. The whole matter is dealt with once for all on pages S 15 and 16 of the handbook. In more complicated matters, 3 such as the adoption and execution of the adoptive Acts, to which a separate chapter is devoted, the advantage of discarding 38;ja3y PREFACE. the artificial arrangement of the statute, which is determined more by the exigencies of parliamentary debate than by convenience in administering the law, is much more striking. Difficulties must always arise in the administration of a new statute dealing with so complicated a subject as the local government of this country, and such questions as the right of the parish council or parish meeting to meet in the vestry room or church [see pages 8i and 82) or the right of the chairman of an urban district council elected from outside the councillors to give an original vote (see page 134), must be confronted when the newly constituted bodies come into existence. My constant aim throughout the work where any difficulties of this character have presented themselves, has been to offer such solution of them as is possible, and I trust that my efforts in this respect will be of service to my readers. Special care has been taken to secure that the index should be full and complete. Its plan is based upon the principles advocated by the Index Society, and I have every reason to believe that its method of arrangement will materially enhance the value of the handbook. In conclusion attention may be drawn to the Appendix, which contains the full text of the Local Government Act, 1894, and its incorporated enactments, together with the circulars and orders of the Local Government Board, and all other official information issued up to the date of going to press, THE AUTHOR. May, iSg^. CONTENTS. 13 28 39 Page INTRODUCTION— General effect of the Local Government Act, 1894, as regards i parochial and other local authorities. Chapter I.— LOCAL GOVERNMENT ACT, 1894 6 Commencement — Definitions — Sundays and Holidays — Effect on Parishes in more than one Sanitary District. Chapter II.— PARISH MEETINGS Constitution of — Notices of Assembly of — Proceedings — Polls — Parish Meetings for parts of Parish — Powers of Parish Meeting in Parish with a Parish Council — Powers of, in Parish without a separate Parish Council. Chapter III.— PARISH COUNCILS Establishment of — Constitution of — Meetings and Proceedings - — Grouped Parishes— Provisions for change in population. Chapter IV.— POWERS OF PARISH COUNCIL Appointment ot Overseers and Assistant Overseers — Other Parish Officers — Transfer of Powers of Vestry, Churchwardens, and Overseers — Parish Property — Additional Powers of Parish Council — ^Borrowing Powers — Expenses — Custody of Parish Books and Documents — Parochial Charities — Place of Meeting for Parochial Purposes. Chapter V.— THE ADOPTIVE ACTS General Provisions as to Adoption and Execution — Transfer of Powers under — Provisions of — The Lighting and Watching Act, 1833 ... The Baths and Washhouses Acts, 1846 to 1882 The Burial Acts, 1852 to 1885 The Public Improvements Act, i860 The Public Libraries Act, 1892 ... Chapter VL— ACQUISITION OF LAND By Parish Council by Agreement — Compulsory Acquisition by Parish Council, and for purposes of Allotments, by District Council — Hiring for Allotments by Parish Council. Chapter VII.— BOARDS OF GUARDIANS AND DISTRICT COUNCILS Constitution, Term of Office, and Proceedings of — Place of Meeting — Committees of Parish and District Councils. LONDON VESTRIES AND DISTRICT BOARDS Chapter VIIL- POWERS AND DUTIES OF DISTRICT COUNCILS Transfer of Sanitary and Highway Powers to Rural District Councils — Urban and Rural Councils, Additional Power.s — Ex- penses of District Councils — Urban Councils and London Authorities, Power of Appcjinting Overseers and other Powers of Parish Councils — Scilly Isles. 84 89 92 95 98 99 104 138 144 VI. CONTENTS. Page Chapter IX.— ACCOUNTS OF DISTRICT AND PARISH COUN- CILS AND PARISH MEETINGS 173 Form of Accounts — Inspection — Audit. Chapter X.— GENERAL PROVISIONS RESPECTING TRANSFER OF POWERS 178 Savings — Determination of Questions — Adjustment of Property and Liabilities — Existing Bye-laws — ^Transfer of Powers of De- faulting Rural District Councils to County Councils — Existing Officers. Chapter XL— AREAS AND BOUNDARIES 186 Boundary Commissions — Duties and Powers of County Councils • — Application of Powers to different cases — Names of Parishes and Districts — Division of Parish into Wards— Constitution of new Urban Districts — Copies of Orders — Expenses of Local In- quiries — County Council to bring Act into operation. Chapter XIL— REGISTRATION AND ELECTIONS ... ... 206 Register of Parochial Electors — Registration Proceedings — Dis- qualification of Candidates and Members of Local Authorities — Mode of Election— First Elections. Chapter XIIL— REPEALS 236 Appendix A.— FULL TEXT of the— Local Government Act, 1894, with the sections of the following 239 Acts referred to therein : — Metropolis Local Management Act, 1855 ... ... ... ... 263 Charitable Trusts Amendment Act, 1855 ... 253 Charitable Trusts Act, i860 253 Elementary Education Acts, 1870 & 1S76 ... ... .. 273,274 Commons Act, 1876 .. ... 247,260 Parliamentary and Municipal Registration Act, 1878 ... ... 269 Highways and Locomotives Amendment Act, 1878 ... ... 263 Elections (Hours of Poll) Act, 1885 263 Registration Act, 1885 268 County Electors Act, 1S88 267 Public Health Acts Amendment Act, 1S90 247 Small Holdings Act, 1892 ... 245 Appendix g. — FULL TEXT of those sections of the following Enactments which are incorporated with or referred to in the Local Govern- ment Act, 1894 : — Railway Clauses Act, 1845 294 Poor Rate Assessment and Collection Act, 1S69 ... ... ... 296 Ballot Act, 1872 296 Public Health Act, 1875 3" Municipal Corporations Act, 18S2 ... ... .. ... ... 329 Municipal Elections (Corrupt and Illegal Practices) Act, 18S4 ... 338 Allotments Act, 1887 357 Local Government Act, 1SS8 ... ... ... ... ... 362 Arbitration Act, 18S9 .. 366 Allotments Act, 1S90 370 CONTENTS. vii Page Appendix C.— OFFICIAL CIRCULARS and ORDERS issued by the Local Government Board ... ... ... ... ... 374 Order — County Councils — Regulations and Notices under Section 57 of the Local Government Act, 1888, dated i^tk September, 1889 374 Circular, re the Local Government Act, 1894, to Guardians and Urban Sanitary Authorities other than Town Councils, dated t^th March, 1894 ... ... ... ... ... ... 377 to Highway Boards in England and Wales, dated (jth March, \%()i^ 378 to Highway Boards in South Wales, dated 12th March, i894--. ■"■ 379 to Metropolitan Vestries and District Boards, and the Local Board of Woolwich, ^/rtto/ 19/// il/a;r//, 1894 ... ... 3S0 Order — County Councils — Regulations as to Inquiries and Notices during 1894, dated 22nd March, 1894 ... ... ... 383 Circular, re the Local Government Act, 1894, to County Councils, except the London County Council, dated 2i,th March, 1894 3S7 to Clerks to County Councils, Town Clerks, or Returning Officers, dated 2nd April, 1 894 . . . ... ... ... ... 399 to Boards of Guardians, r/iTz/^^ 3^0? ^/r?'/, 1894 ... 400 to County Councils, dated Tpth April, 1894 ... ... 401 to Town Councils of County Boroughs, dated Y^th April, I S94 ... ... ... ... ... ... ... ... 402 Order — County Boroughs — Regulations as to Inquiries and Notices during 1894, rt'fli/t?^ 27/72 ^/;V/, 1894 408 Appendix D.— OTHER OFFICIAL INFORMATION, viz. :— Information and Directions as to the mode in which Application for the Regulation or Inclosure of Commons under the Inclosure Acts, 1845 to 1S82, are to be made to the Board of Agriculture ; with Explanations respecting the Law relating to the Regulation and Inclosure of Commons ... ... ... ... .. 413 Instructions as to the mode of Appealing to the Local Government Board against Disallowances and Surcharges by a District Auditor ... ... ... ... .. ... ... ... 417 Compensation to Civil Servants on Abolition of Office ... ... 419 INDEX 421 THE LOCAL GOVERNMENT ACT, 1894. (56 & 57 Vict. c. 73.) INTRODUCTION. General effect of Local Government Act, i8cj^, iu regard to Parochial and other Local Authorities. The key-note of modern social legislation is its trust in local authorities. Year after year, for the past few generations, the burden of duties imposed by statute on those authorities has steadily grown, and at the present day their control is felt in almost every department of human life. But, except in the case of municipal boroughs, the organisation of local authorities was not developed equally with their duties so as to keep them thoroughly in touch with the changed cir- cumstances of the times. Whilst comparatively few sessions passed by without some reform or other of our parliamentary system of govern- ment being made, the statute book for many years did practically nothing to introduce similar principles into local administration. The chaos of overlapping areas and authorities was added to rather than diminished, and privilege reigned supreme in local elections. The Municipal Reform Act, 1835, organised boroughs upon a popular basis, and although it was followed by numerous other statutes relating to muni- cipal boroughs, which were consolidated and amended by the Municipal Corporations Act, 1882, the essential features of the municipal system of election have now existed for nearly sixty years. It was the suc- cessful working, for almost two generations, of that system of popular election and government which recommended its adaptation to the County Councils established by the Local Government Act, 1888. The principles then applied to the government of counties have now been extended and carried out to their logical conclusion by the measure which Mr. Fowler has succeeded in placing on the statute- book, and an important step has been taken towards the simplification of areas of local government, and the concentration in the hands of the new Parish and District Councils of the powers and duties some- times exercised in those areas by several concurrent authorities. Before dealing in detail with the provisions of the Local Ciovern- ment Act, 1894, a brief reference to the local autliorities who are more A 2 IIADDKN'S LOCAL COVKUNMKNT ACT, 1 894. or less afTcctcd by those provisions may be serviceable. From the ancient Open Vestry in which the inhabitants of rural parish and township have met since time immemorial, down to the modern Rural Sanitary Authority, the Act has dealt impartially with the constitution and duties of existing authorities for the jjurpose of securing a uniform system of popular local government under the County (Councils established by the Local (Government Act, 1888. The measure during its passage thr(nigh Parliament was popularly called the Parish Councils Hill ; but as a matter of fact the establishment of Parish Councils, although given the first prominence in the Act, is supplemented by provisions of scarcely less imjjortance relating to Boards of duardians and District (Councils. Numerous duties in connection with the adjustment of areas and l)oundaries and other matters are also imposed on County (Councils for the general purpose of bringing the Act into operation. (JPKX Vkstries. The meeting of inhabitants in 0[)en Vestry for the business of the parish dates from a very early period, but there would be no advantage for the present purpose in discussing at length any question whether the origin of the Vestry is to be attributed to the meeting of the inhabitants of townships for civil purposes, or to the meeting of parishioners for ecclesiastical purposes. A meeting held primarily for one pur[)ose would no doubt be utilised for the other, and when it is remembered that the distinction between secular and religious business was not so marked in early times, there is no reason for surprise that the Parish Vestry has for centuries past had powers and duties that relate to both civil and ecclesiastical affairs. In either its civil or religious aspect the Vestry is a venerable institution, and the transfer of its civil business to Parish Meetings and Councils under the new Act may in some minds give rise to a pardonable sentiment of regret. The ancient Vestry will not altogether disappear, but will still be summoned for ecclesiastical affairs, such as the election of church- wardens, and, in some parishes, matters connected with the administration or distribution of certain ecclesiastical charities. Every ratepayer who has paid all rates except those due within three months preceding the vestry meeting is entitled to attend the vestry meeting, and to have one vote for every ^^25 of the rateable value of his qualifying premises, but the maximum number of votes for each ratepayer is six. Under the Local Government Act, 1894, there is no plurality of votes at parish meetings or elections. Select and other Vestries. In some parishes Select Vestries, consisting of a limited number of persons, exercised the powers of the Open Vestry at common law. Custom often determined the constitution of these bodies. Under the Vestries Act, 1831, long known as Hobhouse's Act, which might be INTRODUCTION. 3 adopted by the parishioners of parishes in a city or town with not less than 800 rated householders, Vestries were chosen by the ratepayers without plurality of votes. Vestries in some other places were con- stituted under local Acts. The London Vestries established under the Metropolis Management Act, 1855, possess, in addition to the ordinary powers of Vestries, very extensive powers of local government. In modern times the powers of the Parish Vestry have been restricted chiefly to giving consent to certain administrative acts. Until the passing of the Local Government Act, 1894, the general tendency of legislation for over a century has not favoured parochial authorities ; but now that the parish organisation has been re- modelled on a truly popular basis the Parish bids foir to regain something of its old prestige as an integral part of our rural .system of government. The Vestry in urban parishes remains as it was, and in rural parishes only are most of the civil powers of the Vestry transferred by the Act of 1894 to the Parish Council,^ or in parishes not having a separate Parish Council to the Parish Meeting subject to any provisions that may be made by a grouping order if the parish is grouped with any other parish or parishes under a common Parish Council. The Act confers additional powers on the new parochial authorities, and gives them more effective control over the parish officers. Highway Authorities. The management of highway business in rural districts has previously to the passing of this Act afforded instances both of administration by single parishes, and by a group of parishes under a common authority. Formerly by the common law each parish maintained its own highways ; but modern highway management is to a great extent regulated by statutes beginning with the Highway Act, 1835. Parishes for highway purposes are in many cases not co-terminous with civil parishes, and a civil parish often comprises more than one highway parish. Li a parish separately maintaining its own highways the ratepayers in vestry annually elect one or more unpaid Surveyors, or appoint a paid Surveyor to maintain and repair the Highways. Highway Parishes might on application to the justices in (Quarter sessions be united into a district under a common Highway Board, consisting of " waywardens " elected by the vestries of each parish in the Highway District, and of such of the county justices as resided in the District. An elected Highway Board of five to twenty members might also be formed for parishes with a population of over 5,000 inhabitants. Besides Surveyors of Highway Parishes and Highway Boards for separate or for united highway parishes in rural districts. Rural Sanitary Authorities, in cases where their district was co-terminous with a Highway Board District, might by order of Quarter Sessions or of their successors (the County Council) exercise the powers of a Highway Board. The new Act provides for the ultimate transfer to 1 See page 47. A 2 4 IIADDKN'S LOCAL (K)VERNMENT ACT, 1 894. Rural District ("oiincils 1)1" tlic |)()\VL-rs anil diilics of these existing; highway authorities. It does not affect the atlniinistration of highways in Urban Districts, which remains as now in the hands of the Councils- of those Districts. Boards of (Iuaudians. As regards Hoards of Guardians, the principal changes are such as not to effect their duties in connection with the administration of the laws relating to the relief of the poor, and these remain untouched by the Act. Although for the most part parishes are grouped together, generally around some conveniently situated market town, into " unions " for poor law purposes under a common Board of Ciuardians, there are important parishes not in union for which a separate Board of (iuardians is constituted. In some instances local acts regulated the election and constitution of the body administering the poor law, but where the general law was in force the same provisions applied to the constitution of the board, whether it was elected for one parish only, or for a union of parishes. Under the Poor I^aw Acts a Board of Guardians was composed of elected members and ex-officio members. The elected members by an order of the Local Go^■ernment Board had to be rated to the poor rate of some parish in the union (or of the parish if not in union) upon an annual rateable value of not less than ^^5, whilst the ex-officio members were justices of the peace resident in the union or parish, and acting for the division of the county in which the parish or an}- part of the union was situated. The elected guardians were chosen by the ratepayers and owners of property in the respective parishes, and plural votes were allowed, namely, one vote for every ^^50 of rateable value, with a maximum number of six votes. A person who owned the premises he occupied was entitled to vote both as owner and occupier, so that if rated sufficiently he might have given as many as twelve votes in all. The election was conducted by means of voting papers, which were left at the residences of the voters and afterwards collected from them. The new Act abolishes ex-officio guardians and the plural vote, directs that the elections shall be conducted under the provisions of the Ballot Act, and largely increases, the electorate. Sanitary Authorities (Urban and Rural). Urban Sanitary Authorities were of three kinds ; in Municipal Boroughs, the Town Council ; in Districts under Improvement Acts, the Improvement Commissioners; and in Local Government Districts, the Local Board. The Act makes no change so far as the constitution and election of Town Councils are concerned. Improvement Com- missioners were elected according to the local act under which the Commission was constituted. The election of a Local Board was conducted in the same manner as that of a Board of Guardians, and the scale of voting for owners and ratei)a)-ers was the same. A member of a Local Board had to be a resident in or within seven INTRODUCTION. , 5 "miles of the district, and to be seized or possessed of real or personal -estate, or both, to the value of ^500 in districts of less than 20,000 inhabitants, or of ^1,000 in districts of 20,000 or more inhabitants ; or to be rated to the poor in the district on an annual value of ^i^ where the district had less than 20,000, or ^^30 where it had 20,000 or more inhabitants. Improvement Commissioners and Local Boards become Urban District Councils under the new Act, and cease to be •elected by the plural vote. There will now, notwithstanding any provision to the contrary in any local act, be no ex-officio members, and the election will take place under the Ballot Act. Some additional powers are conferred by the Act on the Urban District Councils, which for that purpose include Town Councils. A Rural Sanitary District consisted of thatportionof the areaof aPoor Daw Union that remained after the subtraction of any Urban Sanitary District, or part of an Urban Sanitary District comprised in the Poor Law Union. It was under the jurisdiction of the Rural Sanitary Authority, and that authority wvis constituted of those members of the Board of Guardians who represented the parishes composing the Rural Sanitary District, or who as ex-ojficio guardians resided in that district. In effect the new Act, subject to the abolition of ex-officio guardians, continues this arrangement by making the rural district councillors the representatives of the areas for which they are elected on the Board of Guardians ; but the Rural Sanitary Authority become the Rural District Council, and have additional powers as to highways and other matters. Other Local Authorities. Of the other local authorities, such as Burial Boards, Inspectors under the Lighting and Watching Act, Commissioners of Public Libraries, Baths and Wash-houses, &c., which exist only in parishes and other places where certain statutes have been adopted, it will be enough for the purpose of these introductory remarks to say that the general policy of the Act is to prevent the future setting up in parishes having a Parish Council of such independent authorities, and to provide that the powers of existing authorities be transferred to the Parish Councils in rural parishes, and to District Councils in urban districts. Further explanations will come more appropriately when the provisions of the Acts relating to the particular authorities in f[uestion are dealt witli. County Councils, Areas and Boundaries. The constitution of County Councils is not affected by the Act, but their powers of control over other authorities are strengthened and enlarged. For the general purpose of providing that every parish shall be situated within one county district, and that every such district shall be within one county, extensive powers to adjust the areas and boundaries of parishes and districts are conferred on County Councils. Parishes may also be grouped and divided by County (^loun- dls for the election of Parish Councils and Boards of Guardians. CII A I'TER I. Local Govcnnuciit Act, iSg^ — Connucncciucui — Defini- tions — Sundays and Holidays- — Effect on Pa7'ishes in more than one Sanitary District, EXTKNT OF AC'J' — COMMEN'CEMENT. Extent of Act. The Local (iovemment Act, 1894, extends to England and Wales- (s. 76) and its provisions, except where the contrary intention appears, of'Act^"""""" have effect immediately on and after the date of its passing, namely, the 5th March, \ 894. But the coming into operation of many of the provisions of the Act is fixed with reference to a date called "the appointed day " and the meaning which is given to that expression, is as follows — Appointed ihiy Generally " the appointed day " for the several purposes, re- spectively of- — {a) Elections and of Parish Meetings in parishes not having a' Parish Council, is the day or respective days fixed for the first elections under the Act, or such prior day as may be necessary for the purpose of giving notices or doing other acts pre- liminary to such elections ; and {b) Powers, Duties, and Liabilities of Councils or other Bodies elected under the Act, or other matters not specifically men- tioned, is the day on which the members of such councils or other bodies first elected come into office ; and {c) Powers, Duties, and Liabilities transferred to a Council of a Borough by the Act, is the First day of November, 1894. The first elections will be held on the Eighth day of November, 1894, or such later date or dates in the same year as the Local Government Board may fix.^ The persons elected will come into office on the second Thursday next after their election, or such other day not more than seven days earlier or later as may be fixed by or in pursuance of the Rules made under the Act'-' in relation to their election (s. 84). If no different day is fixed by the Local Government Board " the a])pointed day " for the purpose of elections and of parish meetings in parishes without a Parish Council is, therefore, the 8th of November, 1894, or such prior day as may be necessary for giving notices or doing other acts preliminary to those elections. Subject to no * See page 232. - As lo these Rules, see page 221. COMMENCEMENT OF ACT. 7 different clay being so fixed for the holding of the first elections, and Aiipoimed day. subject to no other day for the coming into office of persons first elected under the Act being fixed by rules, " the appointed day " for the purpose of the powers, duties, and liabilities of the bodies elected under the Act, or other matters not specifically mentioned, is Thursday, the 22nd of November, 1894. No power is given to alter the date fixed for the transfer of powers to a Town Council, namely, ist November, 1894. Definitions. Expressions used in the Local Government Act, 1894, unless the context otherwise requires, have the same meaning as in the Local Government Act, 1888 (Local Government Act, 1894, s. 75 (i)); and this important rule of construction must always be borne in mind in considering the various provisions of the Act of 1894. The definition of " parish " is excepted from this rule as being in- p;Lrisii. applicable to the new measure. That word when used in the Act of 1894 means, unless the contrary intention appears, a place for which a separate poor rate is or can be made, or for which a separate over- seer is or can be appointed (Interpretation Act, 1889, s. 5 (i)). The practical effect is that every civil parish, whether known as a parish, township, or by any other designation, is a parish for the purposes of the Local Government Act, 1894. Every parish in a rural sanitary district ^ (?>., every parish not Rural Parish. within a borough, or the district of an improvement commission, or of a local board), is termed a "rural parish " (s. i (2)). Where, at " the appointed day," a parish is partly within and partly without a rural sanitary district, the part in the district becomes a separate rural parish. Section 100 of the Act of 1888 assigns meanings to be given to other ex- certain expressions, " if not inconsistent with the context." Among p''=ss'°"'^- these expressions and meanings assigned thereto, the following are pertinent to the Act of 1894 ; namely — AdDihtistrative County — This means the area for which a County Council is 51 & 52 Vict, elected in pursuance of this Act, but does not (except where expressly mentioned ^' '*'• include a county borough ;^ Costs — This includes charges and expenses ; Duties — This includes responsiljilities and obligations ; Existing — This means existing at the time specified in the enactment in which the expression is used, and if no such time is expressed, then at the day iippointed to be for the purpose of such enactment the appointed day ; Expenses — This includes costs and charges ; Hig/nuay Area — This means, as the case may rec[uirc, an Urban Sanitary District, a Highway District, or a Highway I'arish not inchidcd within any Highway or Url;an Sanitary District ; ' See Introduction, page 5. - But seeXhft definition of " county " in the Local Government Ael, 1894, pagi' 9. 8 IIADDEN'S LOCAT. C.OVERNMENT ACT, I . Higlnvay Aiilhorily — This means, as respects an Urban Sanitary District, the ,, Tvact Urban Sanitary Authority, and as respects a Highway District, the Highway ^\. ' Board, or authority, having the powers of a Highway Hoard ; and as respects a Highway Parish, the Surveyor or Surveyors of Highways or other officers per- forming similar (hities ; Liahi/i/its—'VWi^ inckides liability to any proceeding for enforcing any duty or for punishing the breach of any duty, and includes all debts and liabilities to which any authority are or would, but for this Act, be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any ol)ligation to carry or apply any money to any sinking fund or to any particular purpose ; Office — This includes any place, situation, or employment, and the expression " officer" shall be construed accordingly ; Pocvers — This includes rights, jurisdiction, capacities, privileges, and im- munities ; Powers, Duties, and Liabilities — This includes all powers, duties, and liabilities conferred or imposed by or arising under any local and personal Act ; Property — This includes all property, real and personal, and all estates, interests, easements, and rights, whether etpiitable or legal, in, to, and out of property real and jK'rsonal, including things in action, and regis'ers, books and documents ; and when used in relation to any l)oard, sanitary authority, or other authority, includes any jiroj^erty which on the appointed day belongs to, or is vested in, or held in trust for, or would but for this Act have, on or after that day, belonged to, or been vested in, or held in trust for, such board, sanitary authority, or other authority. & 53 Vict. Certain provisions of the Interpretation Act, 1889 (52 & 53 Vict, c. 63) are applicable in construing the Local Government Act, 1 894. These provisions will have effect " unless the contrary intention ajipears." Words importing the masculine gen) (4) (5) )• A County Council may deal with a parish in more than one Sanitary District by altering the boundaries of the Sanitary District.' A reference to the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), and the amending Acts, which are the Poor Law Act, 1879 (42 ;. Times and pl;u of meetings. Pate ol First meeting. Any person whose name is not in the register of the parochial electors of the parish is not entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register is entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by any statute (s. 44 (i) ). Where a parish has a Parish ('ouncil the chairman' of the Parish Council or any two parish councillors may at any time convene a Parish Meeting. In a parish not having a Parish Council the meeting may be convened by the chairman of the I'arish Meeting." Whether there is a Parish Council or not, any six parochial electors may at any time convene a parish meeting (s. 45 (3) ). The Overseers will convene the first Parish Meeting for the whole or (where Parish Meetings are held for parts) for each part of a rural parish (s. 78 (i) ). The Parish Meeting are required to assemble at least once in every year, on the 25th of March, or within seven da\'s before or after that day, and the proceedings of every Parish Meeting must not begin before six o'clock in the evening (s. 2 (3), Schedule i, Part i, r. i). Where a parish has no separate Parish Council, the Parish Meeting must assemble not less than twice a year (s. 19 (2) ). Subject to these provisions, the days, times, and places^ for holding Parish Meetings will be fixed by the I'arish Council, or, if there is no Parish Council, by the chairman of the Parish Meeting. A parish meeting should not, where it can be avoided, be convened to meet on a bank holiday.'* The first assembly of the Parish Meeting is to be held at the time fixed by or under the Act for the first election of Parish Councillors, whether there is or is not a Parish Council for the parish (s. 78 (i) ). If no later date in 1894 is fixed by the Local Government Board, the first election of Parish Councillors will be held on the 8th of November, 1894 (s. 84 (i)).^ If any difficulty arises with respect to the holding of the first Parish Meeting, it may be removed by an order of the County Council" (s. 80 (i) ). Notice of meeting. Notices of Meeting. Not less than seven clear days before any Parish Meeting, public notice must be given specifying the time and place of the intended meeting and the business to be transacted, and signed by the chairman of the Parish Council or other conveners of the meeting. ^ The vice-chairman is not empowered to convene the parish meeting, see page 31. - Sec next page. ^ As to place of meetings for parochial purposes, see pages 79 to 83. ■• See page 9 as to this. '"' See page 233. ^ See page 232. II.] NOTICES OF PARISH MEETINGS. 15 When the business relates to the estabUshment or dissolution of a Notice of Parish Council, or the grouping of a parish, or the adoption of any of '"""""^ the adoptive Acts, not less than fourteen days notice must be given (Schedule i, Part i, r. 2 and 3). In reckoning the seven or fourteen ■days, as the case may be, both the day when the notice is given and the day fixed for the meeting must be excluded. — Lijffin v. Pitcher (i Dowl. (n.s.) 767). A public notice of a parish meeting must be given in the manner required for giving notice of vestry meetings, and by posting the notice in some conspicuous place or places within the parish, and in such other manner (if any) as appears to the persons convening the meeting desirable for giving publicity to the notice (s. 51.) The effect of directing that the notice of a parish meeting is to be given in the manner required for giving notice of vestry meetings is that copies of the notice must be affixed on or near to the doors of .all the churches and chapels within the parish [The Vestries Act, 1818 (58 Geo. III. c. 69,) s. I ; The Parish Notices Act, 1837 (7 Will. IV". and i Vict., c. 45,) ss. i, 2]. The notice need only be published on churches and chapels of the Church of England, and need not be affixed to any but the principal door of each. — -Onnerod v. Chadivick (16 L. J., M. C, 143; 11 J. P., 13S). It will not be necessary that the affixing of a notice of a Parish Meeting on the church doors should be done on a vSunday before the commencement ■of service, as is required by the Acts for notices of vestry meetings. The notice of a Parish Meeting may be posted on the church doors on any day at any time provided that the notice is posted to allow of a lapse of seven or fourteen days, according to the business to be transacted, before the meeting takes place. In addition to the notice affixed on the church doors, a notice must also be posted in some conspicuous place or places within the parish. Proceedings of Parish Meeting. The incumbent of the parish was ex-officio chairman of every chairman of vestry meeting at which he was present, but he will have no right '"'^<=""s- to preside at the parish meetings constituted under the Local (jovernment Act. If the chairman^ of the Parish Council is present at a Parish Meeting and is not a candidate for election at the meeting, he will be the chairman of the meeting (s. 45 (2) ). A Parish Meeting in a rural parish not having a separate Parish Council, are required at their annual assembly to chose a chairman for the year (s. 19 (i)), but are not empowered to appoint a vice- chairman. The first chairman of a Parish Meeting elected under the ^ This jjrovision docs not ap;)ly to the vice-chairman, see i)agf 31. i6 iiadden's local governmknt act, 1894. [chap. Fii-TcL'inmn' "^ Act is to retire on the second ordinary day of coming into office of councillors, which happens after his election (s. 78 (3) ), that is on the 15th of April, 1896 (s. 3 (4)), although his successor must, by s. 19 (i) be chosen at the annual assembly of the Parish Meeting, which is required to take place within seven days of the 25th of March (Schedule i, Part i, r. i). In the year 1897 and subsequent years, the chairman will retire on the day on which his successor is chosen. Resignation of Chairman. Casual vac.^nl-v. Absence of Chairman. Appointment of temporary- Chairman. Right of Chair- man of Parish Council as such to attend parish meeting. Ca-sting vote of Chairman. A chairman of a Parish Meeting may resign his chairmanship by notice in writing to the meeting. Any casual vacancy in the office is to be filled by the Parish Meeting, and the person chosen will retire from office when the vacating chairman would have retired (s. 47 (3) (4) ). When the chairman of the Parish Meeting is absent from or unwilling or unable to take the chair at any assembly of the Parish Meeting, the meeting may appoint a person to take the chair, and that person will have, for the purpose of that meeting, the powers and authority of the chairman (Schedule i. Part i, r. 10). This last rule is, perhaps, applicable only to a Parish Meeting of a parish without a separate Parish Council ; but, if that is so, the same result is brought about by section 2 (4), which provides that, subject to any particular person being the chairman of a Parish Meeting, the meeting may choose their own chairman, and this latter provision is applicable to the Parish Meeting of every rural parish. The Act does not expressly confer on the chairman of the Parish Council as such the r(^/it to be present at a Parish Meeting. It simply provides that, tf /le is presetit. and not a candidate for election, he shall, save as otherwise provided, be the chairman of the Parish Meeting (s. 45 (2)). He can, according to the Act, be present either in the capacity of a parochial elector (s. 44 (i)) or as a candidate for election to the office of parish councillor (Schedule i. Part I, r. 9) ; but in the latter case he is not to take the chair (s. 45 (2)). The chairman of the Parish Council need not necessarily be a parochial elector, for he may be a person who has, during the whole of the twelve months preceding his election as a parish councillor, resided in or within three miles of the parish (s. 3). If his qualification consists in residence only, the terms of section 45 (2) do not seem sufficient to enable him to be chairman of the Parish Meeting in view of the express provisions as to the persons of whom the Parish Meeting is to consist. Not only does section 2(1) provide that the Parish Meeting shall consist of the parochial electors and tw others, but section 44 (i; further emphasises the position of a person who is not on the register of the parochial electors of the parish by enacting that such a person shall not be entitled to attend a meeting or vote as a parochial elector. This question may be of considerable practical importance where divisions run close, for the chairman at a Parish Meeting has a second or casting vote (Schedule i. Part i, r. 8).. II.] PROCEEDINGS OF PARISH MEETINGS. 17 No business to be transacted unless notice given Discussion of Parish affairs. Majority to decide. No business, other than that for which public notice of the meeting was given, should be transacted at the Parish Meeting, as failure to give proper notice of the business transacted would render the proceedings as to such business void and of no effect. Even where proper notice has been given there is no general right to discuss at such meetings any matters not pertinent to the purposes for which a Parish Meeting is constituted by the Act. An informal practice had in many parishes been followed of discussing at the Vestry Meetings subjects of general interest. This had no legal authority, but there was some convenience in the inhabitants being able to express their opinion on subjects connected with the life of the parish. The Local Government Act expressly authorises a Parish Meeting to discuss parish affairs and pass resolutions thereon (Schedule i. Part i, r. 4), but the affairs discussed must, it will be observed, be parish affairs only. Every question to be decided by a Parish Meeting will, in the first instance, be decided by the majority of those present and voting on the question (Schedule i, Part i, r. 5). This rule requires that the majority deciding as to a question shall l)e the majority of those present who actually vote on the question. It will not necessarily be the majority of the parochial electors present, as some of them may not vote. The rule, although not in terms qualified, is subject to other provisions of the Act for, in some instances,^ a greater majority than a simple majority of the Parish Meeting will be necessary to give effect to a resolution of the meeting, and, in others, a poll must take place on the question submitted for the opinion of the parochial electors. But, in general, questions will be determined by a simple majority of the electors voting. The votes of the parochial electors must be given in person. There will be no continuance of the privilege which Corporations possessed under section 2 of the Vestries Act, 18 18 (58 Geo. III., c. 69), of voting at a Vestry Meeting by means of their clerks or other agents. No quorum is fixed for a Parish Meeting, but it would not be safe ^"^ quorum. for one parochial elector, who was present alone at a Parish Meeting, to proceed to transact business, as no meeting at all could properly be said to be held where less than two electors were present." Parish Councils, Boards of Guardians, and District Councils elected under the Act are in a different position as to this matter, for it is ' See pages 23, 89, 92, &c. " In connection with this, the following cases under the Joint Stock Companies Acts may be referred to : — One shareholder does not constitute a "meeting" — re SaiiUary Carlion Company (W.N. (77), 223). The word "meeting" implies the coming together of at least two persons— - per Coleridge, C. ]., Sharpe v. Dawes (2 Q. B., 26; /^bl^.l. Q. B., 104; 36 L.T., 18S). No meeting if only one attends. B i8 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. One man one vote Casting vote of Chairman. Decision of Chairman. expressly provided that these bodies cannot transact business at a meeting unless a certain number or proportion of their members are present. Each parochial elector may, at any Parish Meeting, or at any poll consequent thereon, give one vote and no more on any question (s. 2 (2) ). There will be no plural voting as in the old vestry. In addition to his right to vote in the first instance as a parochial elector,' the chairman will, in case of an equal division of votes, have a second or casting vote. (Schedule i, Part i, r. 8). The chairman is required to announce his decision as to the result of a show of hands at a Parish Meeting, and that decision is to be final unless a poll is demanded (r. 5). Polls. When poll may A poU may be demanded at any time before the conclusion of a be demanded. Parish Meeting (r. 6). Generally a poll is not to be taken unless either the chairman of the meeting assents, or the poll is demanded by either one-third of the parochial electors present, or by five of such parochial electors, whichever number is least. Where one-third of the number of the parochial electors present is less than five, that one-third may demand a poll ; where five is less than one-third of the number of parochial electors present, those five electors may demand a poll. To take examples ; if there are thirty parochial electors present, five may demand a poll, as being less in number than one-third of the electors present ; if there are nine electors present, three may demand a poll, as being one-third of the number present, although those who form the one-third are less than five electors. One elector may In the case of a resolution respecting certain specified matters, a cerTain'cases'" P^^^ "^^y ^^ demanded by any one parochial elector, namely : — {a.) Any application, representation, or complaint to a County Council or District Council ; (^.) The appointment of a Chairman for the year or of a Com- mittee, or the delegation of any powers or duties to a Committee, or the approval of the acts of a Committee ; (c.) The appointment of an Overseer, the appointment or revo- cation of the appointment or dismissal of an Assistant Overseer, or a parish officer ; (d. ) The appointment of Trustees or Beneficiaries of a Charity ; (e.) The adoption of any of the adoptive Acts ; ^ See the case of JVeH v. Longbottom ([1894] i Q.B. 767 ; 10 T.L.R. 344), in which it was held that the chairman of a meeting, being a duly qualified member of the meeting, could give an original vote, before he gives a second or casting vote. II.] PROCEEDINGS OF PARISH MEETINGS. 19 One elector may demand poll in certain cases. Ballot. if.) The formation or dissolution of a School Board. {g.) The consent or refusal of consent to any act, matter, or thing which cannot by law be done without that consent ; [h.) The incurring of any expense or liability ; (/. ) The place and time for the assembly of a parish meeting ; {k.) Any other matter prescribed by the Local Government Board(r.7.) Some of these matters relate to business which will devolve on the Parish Meeting of a parish not having a separate Parish Council. In the case of a resolution respecting " (/.) the place and time for the assembly of the Parish Meeting," the resolution would be merely a recommendation. The place and time for holding a Parish Meeting, is by section 45 (i) to be fixed by the Parish Council, or if there is no Parish Council, by the chairman of the Parish Meeting ; but no doubt, in fixing a place and time, due weight would be given to any resolution of the Parish Meeting on the subject. A poll consequent on a Parish Meeting will be taken by ballot (s. 2 {5) ) in accordance with Rules^ to be framed under the Act by the Local Government Board (s. 48 (8) ). Conduct of Business. Standing orders for the regulation of the proceedings and business Standing orders at Parish Meetings may be made, varied and revoked by the Parish Council (Schedule i, Part 3, r. 5). Where there is no Parish Council, the Parish Meeting may regulate their own proceedings and business (r. 6). Minutes of the proceedings must be kept in a book provided for Minute Book that purpose {r. i). A minute of proceedings, signed at the same or the next ensuing meeting by a person describing himself as or appearing to be chairman of the meeting at which the minute is signed, is to be received in evidence without further proof (r. 2). Until the contrary is proved, every meeting in respect of the pro- ceedings whereof a minute has been so made shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified (r. 3). Any instrument purporting to be executed under the hands or Execution of under the hands and seals of the chairman and of two other members " ^ "^"^ ^' of a Parish Meeting is, until the contrary is proved, to be deemed to have been duly so executed (r. 4). The reasonable expenses of and incidental to the holding of a Expenses. Parish Meeting or the taking of a poll consequent thereon, will be payable out of the poor rate"^ (ss. 2 (6), 11 (4) ). Any notice required to be given to or served on a Parish Meeting may be given to or served on the chairman of the Parish Meeting (Schedule i. Part i, r. 11). This rule will generally be most applicable to the Parish Meetings of a parish without a separate Parish Council. Serving of notices. ^ As to these rules, see page 221. ^ See page 69. B 2 20 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Parish Meetings for parts of a Rural Parish. The Act provides for the holding of Parish Meetings for parts of a Rural Parish, under certain circumstances. Division into A large parish may be divided into wards for the pur{)ose of the puSses'.'''"'"" election of parish councillors, and where a parish is divided for that purpose, a Parish Meeting for the election of Parish Councillors will be held for each ward^ (s. iS). Adoptive Acts. A Parish Meeting may be held for a part of a parish for the adoption of any of the adoptive Acts - that may be adopted for a part only of a rural parish (s. 7 (4) ). Property. jf j^ j^ provcd to the Satisfaction of the County Council that any part of a parish has a defined boundary, and has any property or rights distinct from the rest of the parish, the County Council may order that the consent of a Parish Meeting held for that part of the parish shall be required for any such act or class of acts of the Parish Council affecting the said property or rights as is specified in the order (s. 37). The order of the County Council is by section 36 (10) to be deemed to be an order under section 57 of the Local Govern- ment Act, 1 888'*; but it does not require confirmation by the Local Government Board (s. 40). In the case of a Parish Council having any powers and duties which are to be exercised in a part only of the parish, or in relation to a Recreation Ground, Building, or Property held for the benefit of a part of a parish, and the part has a defined boundary, the Parish Council must, if required by a Parish Meeting held for that part, appoint annually to exercise such powers and duties, a committee con- sisting partly of members of the council and partly of other persons representing the part (s. 56 (2) ). Constitution of Where a Parish Meeting is required or authorised to be held for a parish meetings » n for pans of parish ward or Other part or a parish, then — [a) the persons entitled to attend and vote at the meeting, or at any poll consequent thereon, will be the parochial electors - registered in respect of qualifications in that ward or part ; and (d) the provisions of the Act with respect to parish meetings for the whole of a parish, including the provisions with respect to the convening of a Parish Meeting by parochial electors will apply as if the ward or part were the whole parish (s. 49). Chairman. Thg chairman of the Parish Council will not be entitled to be the chairman of the parish meeting held for a part of a parish, unless See page 199. - See Chapter \' See page 191. II.] PARISH MEETINGS FOR PARTS OF PARISH. 21 he is registered as a parochial elector in respect of qualifications in that ward or part.i It must also be borne in mind that a parochial elector will not be Voting in one allowed to vote for more than one ward (s. 48 (2) ). ward only. The provisions relating to Parish Meetings for parts of parishes Constr uction of must be construed together as a whole, and the general tenour of the ese proM sions. Act must have due weight. There will be a parish meeting for the whole parish, and although the language of section 49 is wide, there is no ground for supposing that it can reasonably be given any" other interpretation than that a parish meeting for a part of a parish will be restricted to the transaction of such or any of the business as is referred to in sections 7, 18 and 37, namely, the adoption of certain adoptive Acts, the election of parish councillors, and such consents as may be specified in an order of the County Council. Parish Meetings for these various purposes need not necessarily be held for the same area. The area for the adoption of the Lighting and Watching Act might not be co-terminous with the area for the election of parish councillors, or with the area interested in certain property or rights ; and the respective Parish Meetings for such different purposes would be held from time to time, independently of one another, as might be necessary. General Powers of Parish Meetings. The Parish Meeting will have the exclusive power of adopting the Adoptive Acts, adoptive Acts, and their approval will be substituted for that of the vestry or ratepayers in relation to any expense or rate under an adoptive Act" (s. 7). Any power which may be exercised and any consent which may be Parish property, given by the owners and ratepayers of a parish or by the majority of of them under any of the Acts relating to the relief of the poor, or under the School Sites Acts, or the Literary and Scientific Listitutions Act, 1854, so far as respects the dealing with parish property or the spending of money or raising of a rate, may, in the case of a rural parish, be exercised or given by the Parish Meeting of the parish (s. 52(1)). The following powers may be exercised by the Parish Meeting under this provision : — (i.) The Local Government Board may, with the consent of the Workhouses. Guardians or of the Parish Meeting, order workhouses to be built, hired, altered, or enlarged, or land to be purchased, or hired for the purpose of building or enlarging workhouses [Poor Law Amendment Act, 1834(4 & 5 Will. 4, c. 76) s. 23 ; Poor Law Amendment Act, 1849 (12 & 13 Vict. c. 108) s. 18]. ^ See page 16. " See Chapter V, relating to adoptive Acts. 22 HADDEN'S LOCAL COVERNMENT ACT, 1894. [CHAP. Emigration. Sale, &c.,of parish properly. Application of proceeds of sale. Exhausted parish lands. Open spaces. School sites. Literary and Scientific Insti- tutions. Places of worship. (2.) The Parisli Meeting may direct that subject to the confirma- tion of the Local Government Board, a sum not exceeding one-half the average yearly rate for the three preceding years shall be raised or borrowed as a' fund for defraying the emigration of poor persons settled in the parish (4 & 5 Will. 4, c. 76, s. 62); but a sum not exceeding ^10 per head may be expended for emigrating poor persons without the consent of the Parish Meeting [12 & 13 Vict. c. 103, s. 20 ; Poor Law Amendment Act, 1850 (13 & 14 Vict. c. loi) s. 4]. (3.) The consent of the Parish Meeting will be necessary to the _ {ii) Sale, exchange or letting of workhouses, tenements, build- ings or land of any rural parish by a Parish Council,^ or where there is no Parish Council, by the Board of Guardians of the union in which the parish is situated [Union and Parish Property Act, 1835 (5 «& 6 Will. 4, c. 69) s. 3; Parish Property and Parish Debts Act, 1842 (5 & 6 Vict. c. 18, ss. 2, 3], except where the parish is not in a union, but is under a separate Board of Guardians [Poor Law Act, 1889(52 & 53 Vict. c. 56)5. 8]; {l>) Application of the proceeds of the sale of any workhouses or other property of a union or parish in liquidation of the debts, liabilities, or engagements of the union or parish, although legally unenforceable (i & 2 Vict. c. 25, s. 2); (c) Sale of land allotted to or otherwise acquired by a parish for the purpose of the supply of materials for the repair of roads and highways, or for some other public or private purpose, when the materials therein are exhausted, or are not suitable or required [Sale of Exhausted Parish Lands Act, 1876 (39 & 40 Vict. c. 62), s. i]; (d) Conveyance of parish property to a District Council for the purpose of being preserved as an open space for the enjoy- ment of the public [Open Spaces Act, 1887, (50 & 51 Vict. c. 32) s. 7] ; (e) Grant or conveyance of any quantity of land, being parochial property, not exceeding in each case one acre, as a site for a school for poor persons and the residence of the school- master or schoolmistress, or otherwise for the purposes of the education of the poor [School Sites Act, 1891 (4 & 5 Vict. c. 38) s. 6], or as a site for a literary and scientific institution [Literary and Scientific Institutions Act, 1854 (17 & 18 Vict. c. 112) s. 6]. But the consent of the owners and ratepayers will still be necessary to the grant or conveyance of parochial property as a site for a place of ^ The power of sale and other disposition is transferred from the guardians to the Parish Council, see page 55. II.] POWERS OF PARISH MEETING. 23 worship or residence of a minister, or a burial place under the Places of Worship Sites Acts 1873 and 1882 (36 & 37 Vict. c. 50 ; 45 & 46 Vict. c. 21). The transfer of the powers of the owners and ratepayers of a parish Effect of this to the parish meeting incidentally abolishes plural voting and the voting of owners by proxy. Tne effect of subsection 2 of section 52 of the Local Government Formation and Act, 1894, is to empower the Parish Meeting to make application to schwlrboard.^ the Education Department for the formation of a School Board [Elementary Education Act, 1870 (^^ & 34 Vict. c. 75) s. 12], or for the dissolution of a School Board. In the latter case, the resolution to make the application must be carried by a majority of two-thirds of the Parish Meeting, and if a poll is taken, of the parochial electors. The Education Department before considering the application, must satisfy themselves that no school and no site for a school is in the possession or under the control of the School Board, and that there is a sufficient amount of public school accommodation for the district of the School Board. The appUcation for the dissolution of a School Board must not be made except within six months before the expira- tion of the period for which the School Board has been elected [Elementary Education Act, 1876 (39 & 40 Vict. c. 79) s. 41]. Powers of Parish Meeting for Parish with a Parish Council. In addition to the general powers of a Parish Meeting, the Parish Meeting for a parish with a Parish Council will, besides electing the Parish Council, be able to exercise some control over the acts and expenditure of that Council. The election of a parish councillor will be at a Parish Meeting or a Election of parish poll consequent thereon ^s. 48 ( i ) ). councillors. The parish meeting may resolve that the consent of the Parish Discontinuance Council ought not be given for the stopping or diverting of a public ° '^ "'^^^" right of way, or for a declaration that a highway is unnecessary and not repairable at the public expense" (s. 13 (i) ). The consent of the Parish Meeting is necessary to a Parish Council Charities, supporting or opposing charity schemes, and the accounts of all parochial charities must be annually laid before the Meeting^ (s. 14). The same consent is required to the sale or exchange of any land Saie of land. or buildings vested in the Parish Council (s. 8 (2)) and to the incurring of any expense or liabilitity by the Parish Council, which As to elections, see Chapter XII. ^ See page 65. •* See page 77. * See page 56. 24 iiadden's local government act, 1894. [chap. i^Ts*"''^' ''"'' ^vill involve a rate exceeding threepence in the pound for any local financial year, or which will involve a loan (s. 11 (i)). Grouping order. The Parish Meeting may apply to the County Council for an order to be grouped with some neighbouring parish or parishes under a common Parish Council ' (s. 38 (4) ). Paris°h"councn Where the population of the parish according to the last published census for the time being, is less than 200, the Parish Meeting may petition the County Council for the dissolution of the Parish Council '^ (s.39(2)). Powers of Parish Meeting for Parish not having a separate Parish Council. The Parish Meeting for a parish without a separate Parish Council may apply to the County Council to establish a Parish Council or for a grouping order. So long as the parish is not under the jurisdiction of a Parish Council, the Parish Meeting have certain powers of a Parish Council. p^rfl'co'Sncii ""^ ^^ '•'^^ Parish Meeting of a parish with a population of 100, but less than 300, so resolve, the County Council must provide for establishing a Parish Council in the parish. The consent of a Parish Meeting is necessary to the establishment by the County Council of a Parish Council in a parish of a population less than 100. ^" iliatiT °^ Where the population of a parish not having a separate Parish Council increases so as to justify the election of a separate Parish Council, the Parish Meeting may petition the County Council to order the election of a Parish Council in that parish =* (s. 39 (i) ). Such a petition may be made whether or not the parish has been grouped with some neighbouring parish or parishes. Grouping under The conscnt of the respective Parish Meetings is requisite to th e o^dA. "'^ grouping of parishes under a common Parish Council (s. i (i) ). The Parish Meeting of any parish may apply to the County Council for a grouping order, and if the population is less than 200, for a Parish Council ■* (s. 38 (4) ). A grouping order may provide for the consent of the Parish Meeting to any particular act of the Parish Council (s. 38 (i) ). ^ See page 36. " See page 38. 3 See Chapter III as to establishment of Parish Councils. * As to the practical effect of this provision, see page 36. ' Chapter III deals with grouping orders. II. POWERS OF PARISH MEETING. 25 Stopping of highways. Defaults of district counc The Parish Meeting of any parish forming part of a group of Dissolution of parishes, may apply to tlie County Council to make an order dissolv- ^"^""P" ing the group ^ (s. 38). A group may be dissolved under this provision without estaV)lishing a Parish Council in any of the parishes forming part of the group. The following powers are conferred by section 19 of the Act on the Parish Meeting of a parish not having a separate Parish Council. These powers are, where the parish is grouped with some neighbour- ing parish or parishes under a common Parish Council, subject to the provisions of the order constituting the group — (i.) All powers, duties, and liabilities of the vestry, except so far Powers of vestry, as they relate to the afifliirs of the church or to ecclesiastical charities, or are transferred by the Act to any other authority." Under this provision the Parish Meeting would exercise any power that the Vestry might have had of appointing trustees or beneficiaries of non-ecclesiastical charities. In a parish with a Parish Council the power is transferred to that Council, see page 75. (2.) Powers of a Parish Council with respect to the stopping or diversion of a public right of way, or the declaring of a high- way to be unnecessary and not repairable at the public expense,^ and with respect to a complaint to a County Council of a default by a District Council.'* (3.) The power of appointing the overseers, and the duty of Appointment of notifying the appointment, and the power of appointing and °^^^^^^^^ ^^^ revoking the appointment of an assistant overseer ^, and the power given to a Parish Council of appointing trustees of a charity in the place of overseers or churchwardens." No such powers of the overseers or of the churchwardens as are transferred to the Parish Council'' are transferred to the Parish meeting. The Overseers will in a parish without a Parish Council accordingly retain all their existing powers, and the Churchwardens will retain such civil powers and duties as are not powers and duties of overseers. The Parish Meeting will not possess the power con- ferred on the Parish Council {see page 75) of appointing additional trustees in the case of certain non-ecclesiastical charities, except where the management of a charity is vested in a sole trustee ; but the annual accounts and any draft-scheme relating to non-ecclesiastical charities, are required to be laid before the Parish Meeting {see page 77). ^ See page 36. '^ Similar powers are conferred on the Parish Council in a parish with a council. see page 47. ^ See page 65. ■* See page 66. * See the similar powers conferred in Parish Councils, page 39. ® See page 75. '' See pages 49 and 50. assistant overseers. Charities. 26 HADDEN'S local government act, 1894. [CHAP. Incorporation of chairman and overseers. Transfer of property. Powers of Parish Council. Mode of evidencing acts of Parish Meeting. Committees. Limit of rate. The chairman of the Parish Meeting and the Overseers of the Parish will be a body corporate by the name of the Chairman and Overseers of the Parish. They will have perpetual succession, and may hold land for the purposes of the parish without licence in mortmain ; but they mu.st in all respects act in manner directed by the Parish Meeting, and any act of such body corporate must be executed under the hands, or, if an instrument under seal is required, under the hands and seals of the chairman and overseers. ^ The legal interest in all property which under the Act would, if there were a Parish Council, be vested on the appointed day in the Parish Council- is to vest in the Chairman and Overseers of the Parish, subject to all trusts and liabilities affecting the same, and all persons concerned must make or concur in making such transfers (if any) as are requisite to giv^e effect to the enactment. The Parish Meeting will become the legal owners of parochial property, but they will not possess the full powers of disposition conferred on the Parish Council. The power to sell or otherwise dispose of the property will remain in the hands of the Guardians, see page 55- On the application of the Parish Meeting, the County Council may confer on that Meeting any of the powers conferred on a Parish Council by the Act. ^ Under this important provision, a Parish without a separate Parish Council may exercise by means of the parish meeting any of the powers of a Parish Council, without incurring the burden of the estab- lishment of a council. Any act of the Parish Meeting may be signified by an instrument executed at the meeting under the hands, or, if an instrument under seal is required, under the hands and seals of the chairman presiding at the meeting and two other parochial electors present at the meeting.'* The Parish Meeting may appoint a committee of their own number for any purposes which, in the opinion of the Parish Meeting, would be better regulated and managed by means of a committee. All the acts of the committee must be submitted to the Parish Meeting for their approval. A rate levied for defraying the expenses of the Parish Meeting (when added to expenses under any of the adoptive Acts) must not e.xceed ^ The Parish Council are similarly incorporated, see page 34. - See page 53, as to the provision transferring parish property to the Parish Council where there is a Parish Council. ^ See Chapter IV. ■* See similar provision as to Parish Councils and observations thereon, page 34. II.] POWERS OF PARISH MEETING. 2/ sixpence in the pound in any local financial year (s. 19) ; but where, Limit of rate, after the appointed day, the parish continues for a time to maintain its own highways ^ the highway expenses are not to be taken into account for the purpose of the limitation of the rate (s. 82 (2) ). A grouping order- might affect the above powers, by conferring Effect of them on the common Parish Council established for the group of "^""f""^ parishes, or otherwise modify these powers of the Parish Meeting. The Parish Meeting will have the right to appear at any inquiry Appearance at held by the County Council with reference to an order of the CounciP, ""^'^ mqu"T- for the alteration of the boundary of, or division of the parish or union of, or of part of, the parish with another parish, and will be at liberty to petition the Local Government Board against the confirma- tion of the order (s. ;^6 (7) ). See page 147. - See page 35. See page 192. CHAPTER III. Parish Councils — Establishment of — Constitiition of — Meetings and Proceedings — Grouped Parishes — Provisions for Change in Popidation. Establishment of Parish Councils. Population of FoR evcry rural parish, which, according to the census of 1891 has 3°°- a population of 300 or upwards,^ there will be a Parish Council ; but in a parish of a population under 300 an order of the County Council will be necessary to provide for the establishing of a Parish Council. Population of It will be obligatory upon the County Council to provide for less than 300. establishing a Parish Council if the Parish Meeting of a parish with a population of loo or upwards so resolve. In the case of a parish with a population of less than loo, the County Council may, with the consent of the Parish Meeting provide for establishing a Parish Council (s. i (i) ). It will not be obligatory on the County Council to do so. To supplement the provisions in section i (i), it is provided by section 38 (4) that the Parish Meeting of a parish with a less popu- lation than 200 may apply to the County Council for a Parish Council, and the County Council are to forthwith take the application into consideration. This supplementary provision is now defective in form, for it makes no provision for the case of a parish with a population between 200 and 300. When the House of Lords raised the limit of population prescribed by clause I (i) for the purpose of the compulsory establishment of Parish Councils from 200 to 300 no consequen- tial amendments were made in subsequent clauses of the Bill. But in every case where a Parish Meeting of a parish with a population less than 300, but not less than 100, resolve to have a Parish Council, it will be obligatory on the County County by section i (i) to provide for establishing that Council. The supple- mentarj' provision in section 38 (4) is not actually required. Every parish with a population of 300 and upwards will by the operation of the Act have a Parish Council, but parishes with a ^ A Return to an order of the House of Commons of the number of poor law parishes and parts of parishes in England and Wales, according to the 1891 census, shows that out of a total number of 13,235 parishes and parts of parishes in rural sanitary districts (that is parishes which are "rural parishes" within the meaning of the Local Ciovernment Act, 1894), 6,879 parishes and parts of parishes had a population of 300 and upwards. {^Parliamentary Paper No. 315, H. C. Session, 1S93). ESTABLISHMENT OF PARISH COUNCILS. 29 Exceptional case. population of less than 300 will at the appointed day have a Parish Population of Meeting only, as no Parish Council can be established in such ^^"^ ^"^oo. parishes, or for a group of such parishes, without the initiative or consent of the Parish Meeting, and that Meeting will not come into existence until the appointed day.^ Any establishment of Parish Councils for such parishes cannot take place before the appointed day. An order of a County Council establishing a Parish Council does not require confirmation by the Local Government Board (s. 40). The provisions for the compulsory establishment of a Parish Council, in some parishes determined by the population being sufficiently large of itself, and in other parishes determined by the amount of population and by a resolution of the Parish Meeting, are subject to an exception in one special case where the effect of establishing a Parish Council would be to have both a Parish and Rural District Council exercising jurisdiction in the same area of one parish. To meet this exceptional case, the Act provides that where a Rural Parish is co-extensive with a Rural Sanitary District, then, until the district is united to some other district or districts, and unless the County Council otherwise direct, a separate election of a Parish Council shall not be held for the parish, but the District Council shall, in addition to their own powers, have the powers of, and be deemed to be, the Parish Council (s. 36 (4) ). Constitution of Parish Council. A Parish Council will consist of a chairman, and such a number of councillors, not being less than five nor more than fifteen, as may be fixed from time to time by the County Council. The councillors will be elected from among the parochial electors of the parish, or persons who have during the whole of the twelve months preceding the nomination (s. 75 (2) ) of parish councillors resided in or within three miles of the parish (s. 3 (i)), and both single and married women will be eligible for election 2 (s. 3 (2)). The chairman may be elected either from within or without the council (s. 3 (8) ). If he is elected from within he will be both chairman and a councilloi". If he is elected from without he will be a member of the council although not a councillor. The office of councillor and chairman are quite compatible and can be held by the same person. In connection with (jualifications for the municipal and parlia- mentary franchise, the (juestion of wliat is to he considered " rcsi- N umber of members. Qualification of councillors. Wh.it const'tutes " residence." ^ See page 6, as to " the a]ipointed day." * As to the (lisqimlifirations for the office of ]iarish councillor, J't'^ page 217. 30 hadden's local government act, 1894. [chap. ^^resi'dence'""'" dcncc " has bccn several times before the courts, and it appears from the different cases that in order to constitute residence a person must possess at the least a sleeping apartment, but an uninterrupted abode at his dwelling is not requisite. Absence, no matter how long if there is liberty to return and no abandonment of the intention to do so, does not prevent a constructive legal residence. But if the person has debarred himself of the liberty of returning to such dwelling by letting it for a period, however short, or has abandoned his intention of returning, he cannot any longer be said to have even a legal resi- dence there. In Powell v. Guest (18 C.B.. N.S. 80) an occupier convicted of assault and imprisoned for five months during the qualifying period, was held not to have resided for the purpose of the parliamentary franchise for the period of his imprisonment. A clergy- man who had exchanged duties for a time with another to whom he had given up his residence was, although he retained control over certain locked rooms, held not entitled to be registered — Ford v. Pye, (L.R. 9, C.P. 269). A man mav have more than one residence — R. v. Mayor of Exeter (L. R., 4 Q. B. no). Term of office. The term of office of parish councillors will be one year (s. 3 (3) ), and it will expire on the 15th of April in each year, when the newly elected councillors come into office (s. 3 (4) ). Retirement of The first couucillors elected under the Act in November, 1894, firsl councilors. ^^.j,j ^^^^ ^.^^j^.^ ^^^^ ^^^^ ^^^.^ ^^^ ^^^^ ^^^^ ^^ ^^^^.^^ ^g^^ ^^^ ^g ^^j -_ pirUh°Meetin ^^^ parish couucillors are elected by the parochial electors (s. 3 (5) ) ■ at a Parish Meeting or a poll consequent thereon (s. 48 (i)), and the elections ^ are to be conducted according to Rules framed by the Local Government Board (s. 3 (6) ). ^At a Parish Meeting held for the election of parish councillors, opportunity is to be given for putting questions to the candidates present, and receiving explanations from them, and any candidate is to be entitled to attend and speak at the meeting, but, unless he is a parochial elector, not to vote (Schedule i, Part i, r. 9). If at the annual election of parish councillors any vacancies are not filled by election, such number of the retiring councillors as are not re-elected, and are required to fill the vacancies, are, if willing, to continue to hold office. The councillors to continue will be those who were the highest on the poll at the previous election, or if the numbers were equal or there was no poll, as may be determined by the Parish Meeting, or if not so determined, by the chairman of the Parish Council. A retiring parish councillor is re-eligible. Coumy Council. I" casc any Parish Council become unable to act by reason of a want of councillors, whether from failure to elect or otherwise, the Candidates may attend. Failure to elect. See Chapter XII as to elections. III.] CONSTITUTION OF PARISH COUNCIL. 3 1 County Council may order a new election, and may by order make such provision as seems expedient for authorising any person to act temporarily in the place of the Parish Council and of the chairman thereof (s. 47 (i) (2) (5)). Meetings and Proceedings. In every year, on or within seven days after the 15th of April, the Annual meeting. Parish Council must hold an annual meeting (s. 3 (7^). The first business at that meeting is to elect a chairman and to Chairman, appoint the overseers ' (Schedule i, Part 2, r. 3;. The chairman must either be a councillor or a person qualified to be a councillor. Unless he resigns or ceases to be qualified, or becomes disqualified,^ he is to continue in office until his successor is elected (s. 3 (8) ). A retiring chairman will preside at the annual meeting at which his successor is elected. He is himself eligible for re-election at the annual meeting (s. 47 (2) ). The Parish Council may, if they think fit, appoint one of their vice-chairman, number to be vice-chairman, and the vice-chairman will, in the absence or during the inability of the chairman, have the powers and authority of the chairman (Schedule i, Part 2, r. 11). The chairman may be elected from either within or without the council, but any choice of a vice-chairman must be made from among the councillors. To what extent the vice-chairman will have the powers and authority of the chairman is not expressly stated, but the provision occurs among rules applicable to Parish Councils, and its operation must be restricted accordingly. The vice-chairman would not, for instance, be entitled to convene or preside at the Parish Meeting.^ Every parish councillor must, at the first meeting after his election, Acc^tance or if the council at the first meeting so permit, then at a later meeting fixed by the council, sign, in the presence of some member of the council, a declaration that he accepts the office, and if he does not sign such a declaration his office will be void (r. i). The chairman of the Parish Council, if elected from outside the council, is not required to make any declaration of acceptance of office. If he is elected from the council he will make the declaration as a parish councillor. A chairman once elected continues in office until he resigns, or ceases to be qualified or becomes disqualified, or until his successor is appointed (s. 3 (8) ). His simple non-acceptance of office does not vacate the chairmanship. ^ See page 39 as to appointment of overseers. '^ .Sfi^ page 2 1 7 as to disqualifications for the office of chairman of the Parish Council. See page '3- 32 FIADDEN'S local government act, 1894. [CHAP. Resignation. Casual vacancy. Meetings Conveners of meeting. First meeting. iJute of coming into otTice. A parish councillor may, by notice in writing to the chairman of the council, resign his office, and a chairman of a Parish Council may resign his chairmanship by notice in writing to the Council (s. 47 (3) ). No fine is required to be paid on resignation of office. A casual vacancy among parish councillors or in the office of chairman of the council will be filled by the Parish Council (s. 47 (4) ), and the council are required to be forthwith convened, as soon as a casual vacancy occurs in their body, for the purpose of filling the vacancy (Schedule i. Part 2, r. 2), but the proceedings of a Parish Council are not to be invalidated by any vacancy among their members, or by any defect in the election or qualification of any members (r. 12). The Parish Council, in filling casual vacancies, must elect persons who are qualified to be parish councillors. A quorum of the council must be formed before they proceed to the business of election. — JVewhave/i Local Board v. Newhaven School Board (30 Ch. D 35oy. A Parish Council must hold not less than four meetings m each year, of which one is to be the annual meeting. Every meeting is to be open to the public unless the council otherwise direct (r. 13). The chairman may at any time convene a meeting of the Parish Council. If the chairman refuses to convene a meeting of the council after a requisition for that purpose signed by two members of the council has been presented to him, any two members of the council may forthwith, on that refusal, convene a meeting. If the chairman (without so refusing) does not within seven days after such presentation, convene a meeting, any two members of the council may, on the expiration of those seven days, convene a meeting (r. 4). The first meeting of the Parish Council under the Act is to be convened by the chairman of the Parish Meeting at which the first parish councillors are nominated, or in his default by the clerk of the guardians (s. 78 (2) ). If any difficulty arises with respect to the holding of the first meeting of the Parish Council, it may be removed by an order of the County'Council.- (s. 80 (i) ). The Act gives no direction as to when the first meeting should take place, but it should be convened for the day of the coming into office of the first elected councillors, or for a day as soon as practicable after that day. The councillors will come into office on the second Thursday after their election if the Rules of the Local Government Board as to elections fix no other day.^ (s. 84 (2) ). ^ See page .'?q, as to a Parish Council becoming unable to act by reason of a want of councillors. - See page 232. Sec page 233. III.] PROCEEDINGS OF PARISH COUNCIL. 33 Three clear days notice of any meeting of a Parish Council, speci- Notice of fying the time and place of and the business to be transacted at the ^^ '"^^' meeting, and signed by or on behalf of the chairman of the Parish Council or persons convening the meeting, must be given to every member, and in case of the annual meeting, notice specifying the like particulars must be given to every member of the Parish Council immediately after his election (Schedule i, Part 2, r. 5). This rule does not state who must give the notice of the annual meeting, but the chairman of the Parish Council will continue in office until his successor is elected at that annual meeting (s. 3 (8) ). If the chairman fails to give the required notice, two of the newly elected councillors might proceed as authorised by rule 4, of part 2, of the first schedule.-^ The " three clear days " are exclusive of the day on w^hich the notice is given, and the day fixed for the meeting. — Liffin V. Pitcher (i DowL, N.s. 767). No business can be transacted at any meeting of a Parish Council Quorum. unless at least one-third of the full number of members are present, but in no case is the quorum to be less than three'- (r. 7). The names of the members present at any meeting of the Parish Record of votes, Council, as well as of those voting on each question on which a ^'^^ division is taken, must be recorded, so as to show whether each vote given was for or against the question (r. 8). This rule precludes voting by ballot. Every question at a meeting of a Parish Council is to be decided ^■''^.i"'''y '° by, a majority of votes of the members present and voting on that question (r. 9). The majority required is not a majority of members present, but a majority of those who being present, vote on the question. In case of an equal division of votes the chairman of the meeting Casting vote. has a second or casting vote (r. 10). The casting vote is in addition to any vote which the chairman may give as a member of the council. He has an original vote," whether elected from within or without the council, as when elected chairman he becomes a member of the council (s. 3 (i) ). Any notice required by law to be given to the chairman or any Notices generally other member of the Parish Council may be left at or sent by post to the usual place of abode of such chairman or member (Schedule I, Part 2, r. 6). ^ See preceding page. " See page 30, as to a Parish Council becoming unable to act by reason of a want of councillors. ^ See note on page 18. 34 HADDEN'S local government act, 1894. [CHAP. Service of otices. Public Notices. Minute Book, Standing orders. Incorporation of Parish Council. Execution of Instruments, Any notice required to be given to a Parish Council may be served on the clerk (r. 15). A public notice given by a Parish Council for the purposes of the Local Government Act, 1894, or otherwise for the execution of their duties, is to be given in the manner required for giving notice of vestry meetings,^ and by posting the notice in some conspicuous place or places within the ])arish and in such other manner (if any) as appears to the council desirable for giving publicitv to the notice (s. 51). Minutes of the proceedings of every Parish Council must be kept in a book (Schedule i, Part 3, r. i), and a minute of proceed- ings at a meeting of a Parish Council or of a Committee 2 of a Parish Council signed at the same or the next ensuing meeting by a person describing himself as or appearing to be chairman of the meeting at which the minute is signed, will be received in evidence without further proof (r. 2). Until the contrary is proved, every meeting in respect of the pro- ceedings whereof a minute has been so made is to be deemed to have been duly convened and held, and all the members of the meeting to have been duly qualified (r. 3). Subject to the provisions of the Act, a Parish Council may make, vary, and revoke standing orders for the regulation of their proceedings and business, and of the proceedings and business at Parish Meetings for a rural parish having a Parish Council (r. 5). The Parish Council will be a body corporate by the name of the Parish Council, with the addition of the name of the parish, or if there is any doubt as to the latter name, of such name as the County Council after consultation with the Parish Meeting of the parish direct. Divested of technicalities, this means that the title of a Parish Council will be " The Parish Council for the parish of [Denton] " They will have perpetual succession, and may hold land for the purposes of their powers and duties without licence in mortmain ; and any act of the council may be signified by an instrument exe- cuted at a meeting of the council, and under the hands or, if an instrument under seal is required, under the hands and seals of the chairman presiding at the meeting and two other members of the council (s. 3 (9) ). Any instrument purporting to be so executed is until the contrary is proved, to be deemed to have been duly so executed (Schedule i. Part 3, r. 4). Although the provision in section 3 (9) with respect to the sealing of instruments is couched in permissive terms, it seems by implication ^ See the observations on the similar provision as to public notice of a Parish Meeting, page 15. ^ See pages 136 to 138, as to Committee'; and Joint Committees of Parish Councils. III.] PROCEEDINGS OF PARISH COUNCIL. 35 to provide that the Parish Council shall not have a common seal. As Nocommon . . ^ seal. m law, any mark, or mdication of a mark serves for a seal, the execution of an instrument under seal to signify an act of the Parish •:Council will not be burdened with any formalities. Every cheque or other order for payment of money by a Parish Cheques, 'Council must be signed by two members of the Council (Schedule i, Part 2, r. 14). The cheque or order will be made on their treasurer. The Parish Council may appear before any court or in any legal proceeding by their clerk or by any officer or member authorised generally, or in respect of any special proceeding, by resolution of the council, and their clerk or any member or officer will, if so authorised, be at liberty to institute and carry on any proceeding which the Parish ^Council are authorised to institute and carry on^ (r. 16). Appearance in legal proceedings Grouping of Parishes under Common Parish Council. The County Council may, subject to the right of the Parish Order of County Meeting of a parish with a population of 100 and upwards require the County Council to establish a Parish Council in the parish,- provide for grouping a parish with some neighbouring parish or ^ The provisions of the Public Authorities Protection Act, 1S93 (56 & 57 Vict., c. 61), which applies generally to persons acting in the execution of statutory and other public duties, are applicable to proceedings against members of the Parish Council and their officers. Section i of the Act provides that " Where after the commencement of this Act any action, prosecution, or other proceeding is com- menced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority, the following provisions shall have effect : {a) The action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect, or default com- plained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof : (/>) Wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client : , (c) Where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment ; but this provision shall not affect costs on any injunction in the action : ^(c/) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding, tiie court may award to the defendant costs to be taxed as between solicitor and client. This section shall not affect any proceedings by any department of the Govern' ment against any local authority or officer of a local authority." - ^ See page 28. C 2 Public Autho- rities Protection Act, 1893. 36 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Grouped parishes. Application of parish meeting for grouping order. parishes under a common Parish Council. There will be a separate Parish Meeting for every parish so grouped, and no parish can be grouped without the consent of its Parish Meeting (s. i (i) ). The Parish Meeting of any parish may apply to the County Council for a grouping order, and any such application is required to be forthwith taken into consideration by the County Council (s. 38 (4)). In tcmis, these provisions with respect to grouping apply to any parish irrespective of its population, but they must be read with that provision of section 1(1) which directs that there shall be a Parish Council for every rural parish which has a population of 300 or upwards. That provision establishes in parishes with a population of 300 and upwards, a Parish Council which comes into office on the appointed day, and in those parishes the Parish Meeting will, except for the pur- pose of elections, have no prior existence (s. 84 (4) ). A grouping order cannot be made before the appointed day, as the consent of the Parish Meeting is necessary to the grouping of a parish (s. i (i) ). But although Parish Councils will have been established in every parish with a population of not less than 300, a grouping order ma\-, after the appointed day, be made for any such parish with the consent of its Parish Meeting. A grouping order may make any adaptations of the Act to the group of parishes, (s. 38 (i) ). Group to be in Where parishes are grouped the whole area under each Parish Government area Couucil must, uulcss the County Couucil for special reasons other- wise direct, be within the same Administrative County and Count\- District. A grouping order must make the necessary provisions for the name of the group, for the Parish Meetings in each of the grouped parishes and for the election of separate representatives of each parish on the Parish Council, and for the application of the provisions of the Act with respect to the appointment of trustees and beneficiaries of a charity,^ and the custody of documents," so as to preserve the separate rights of each parish. The order may provide for the consent of the Parish Meeting of a parish to any particular act of the Parish Council, and for any other adaptations of the Act to the group of parishes, or to the Parish Meetings in the group. The County Council may, on the application of the Council for any group of Parishes or of the Parish Meeting for any parish included in a group of parishes, make an order dissolving the group. The Provisions of order. Order dissolving group. ^ See page 75. - See page 70. III.] PARISH COUNCIL — GROUPED PARISHES. 37 order is to make such provision as appears necessary for the election of Parish Councils of the parishes in the group and for the adjustment ■of property rights and liabilities as between separate parishes and the group (s. 38). A grouping order and an order dissolving a group of parishes are by section 36 (10) to be deemed to be orders under section 57 of the Local Government Act, 1888/ but they do not require confirmation by the Local Government Board (s. 40). Order dissolving group. Provisions for Change in Population. Where the population increases so as to justify the election of a ;separate Parish Council, the Parish Meeting may petition the County 'Council, and the County Council, if they think proper, may order the election of a Parish Council in that parish. The order must make such provision as appears necessary for separating the parish •from any group of parishes in which it is included, and for the -alteration of the Parish Council of the group and for the adjustment of property, rights, and liabilities as between the group and the parish with a separate Parish Council (s. 39) i). The petition under this provision may be made by a Parish Meeting whether the parish does or does not form part of a group. In the case of a parish which was grouped when its population was under 100, an increase of its population to 100 or upwards might justify the election of a Parish Council. But where the Parish Meeting had consented to the grouping of the parish whilst its popu- .lation was over 100, some material increase in the population of the parish might be necessary to justify the re-arrangement of the group formed with the consent of its Parish Meeting. An increase of popu- lation to 300, the limit under the Act for the compulsory establish- ment in the first instance of a Parish Council would seem in most cases to justify the election of a separate Parish Council. But in any icase the initiative of the Parish Meeting is necessary as the County 'Council can issue an order only on the petition of that meeting. It must be remembered that the general provisions of section i as to the establishment of Parish Councils have reference to populations determined by the Census of 1891, and that in a parish with a popu- lation of 300 according to that census there must be a Parish Council, but in a parish with a less population there will be no Parish Council without the consent of the Parish Meeting. Should the population at a subsequent census be found to have increased to 300 or upwards, it will still rest with the Parish Meeting whether they take any steps for the establishment of a Parish Council. If they do not petition Petition for Parish Council. See page 192. .'J8.'J,'J39 38 HADDF.N'S LOCAL (lOVERX.MKNT ACT, 1 894. Petition to dissolve Parisli Council. Order requires no confirmation, the County Council, a Parish Council cannot be established, no matter to what figure the population increases. The County Council, if they think proper, may, upon the petition of the Parish Meeting of a parish, the population of which according to the last published census is less than 200, order the dissolution of the Parish Council, and from and after the date of the order the Act will a{i])ly to that parish as to a parish not having a Parish Council. The order is to make such provision as appears necessary for carrying it into effect, and for the disposal and adjustment of the property, rights, and liabilities of the Parish Council. Where a petition for such an order is rejected, another petition for the same purpose may not be presented within two years from the presentation of the previous petition (s. 39 (2) ). The Parish Council can only be dissolved if the Parish Meeting petition the County Council ; but it will be optional. with the County Council to dissolve a Parish Council. Owing to the changes in the Bill consequent on the raising of the limit of popu- lation in section I from 200 to 300 by the House of Lords not having been made, there is no provision in the Act for dissolving a Parish Council where the popula- tion is between 200 and 300. An order establishing or dissolving a Parish Council is by section 36 (10) to be deemed to be an order under section 57 of the Local Government Act 1888.^ The order does not require the confirmation of the Local Government Board (s. 40). ^ See page 192. CHAPTER IV. Powers of Parish Council — Appointment of Overseers and Assistant Overseers — Other Parish Officers- Transfer of Powers of Vestry, Churchwardens, and Overseers — Parish Property — Additional Powers of ParisJi Council — Borrowing Powers — Expenses — Custody of Parish Books and Docu?nents — Parochial Charities — Place of Meeting for Paro- chial Purposes. The Local Government Act, 1894, transfers from the Justices, Vestry, Transfer of Overseers, and Churchwardens and Overseers to the Parish Council, p°^^''''" and in some cases to the Parish Meeting of a parish without a separate Parish Council, ^ certain powers, and confers on the Parish Council many additional powers. All enactments in any Act, whether general, or local and personal, Construction of relating to any powers, duties, or liabilities so transferred, are, subject ^^^^ '"^ to the provisions of the Act, and, so far as circumstances admit, to be construed as if any reference therein to Justices or to the Vestry, or to the Overseers, or to the Churchwardens and Overseers, referred to the Parish Council or Parish Meeting as the case requires, and such enact- ments are to be construed with such modifications as may be necessary for carrying the Act into effect (s. 52 (5)). Parish Officers. The power and duty of appointing overseers of the poor, and the overseers and power of appointing and revoking the appointment of an assistant assistant over- overseer for every rural parish having a Parish Council, is transferred to and vested in the Parish Council (s. 5 (i)), and for every rural parish not having a separate Parish Council (subject to the provisions of any grouping order) to the Parish Meeting.' (s. 19 (5)). The Parish Council are required to appoint the overseers at their ^'^yerseers"^"' °^ annual meeting -after the chairman has been elected (Sched. i. Part 2, r. 3.) But a valid appointment of overseers, subject to the power given to the guardians to make the appointment, if no notice has been received by them within three weeks after the 15th of April in each year of the appointment by the Parish Council, might, no doubt be made at a subsequent meeting of the Parish Council, as the enactment ^ See page 25. " See page 31. 40 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CIIAP. First appoint- ment of overseers. overllllT^"^ °^ which required the justices to appoint the overseers within fourteen days after the 25th of March, was held to be directory only in J?ex V. Sparro'tv, 2 Str. 1,123; Reg. v. Justices of Staffordshire, 10 L. J. M. C. 166. No direction as to the time for the appointment of the overseers by the Parish Meeting of a parish without a separate Parish Council is given by the Act. It would be convenient for them to make the appointment at their annual assembly 1 and in any case it should be made not later than within three weeks after the 15th day of April (s. 50). Casual vacancy. A casual vacancy in the office of overseer is to he filled by the Parish Council as soon as may be (s. 5 (r) ). Where the Parish Meeting have the power of appointing the over- seers, they also should fill any casual vacancy as soon as possible. The first ordinary appointment of overseers under the new Act will be made at the annual meetings of the Parish Council or Parish Meeting, as the case may be, in 1895, and until then the overseers appointed by the justices in 1894 will hold office. A casual vacancy in the ofiice of overseer after the Parish Council comes into office, or the Parish Meeting is constituted, should be filled by that Council or Meeting, as the case may be, but until then the filling of any casual vacancy would rest with the justices under the Poor Relief Act, 1743 (17 Geo. 11. c. 38), s. 3. If the Parish Council or Parish Meeting determine in the period between the appointed day and the first ordinary appointment of overseers that to replace the churchwardens, who will cease to be overseers, an additional number of overseers should be appointed under section 5 (2), there seems no reason why the appointment of the additional overseers should not be made at once by the Parish Council or Meeting without waiting until a new body of overseers is appointed. \\^ritten notice, in the form prescribed by the Local Government Board, of the appointment of overseers, or of the filling of a casual vacancy is to be forthwith given by the appointing Council or Meeting to the Board of Guardians (s. 5 (i) ). If notice of the appointment of overseers is not received by the guardians within three weeks after the fifteenth day of April, or after the occurrence of a vacancy in the office of overseer, as the case may be, the guardians must make the appointment or fill the vacancy, and any overseer appointed by the guardians will supersede any overseer previously appointed whose appointment has not been notified. Any such notice will be admissible as evidence that the appointment has been duly made (s. 50). Churchwardens From the appointed day the churchwardens of every rural parish -ctobe _^ :>eers. ^ See page 14. Notice of appoint- ment to guardians. Failure to give notice. IV.] POWERS OF PARISH COUNCIL. 4I will cease to be overseers, and an additional number of overseers may churchwardens ' 1 r • A cease to be be appomted to replace the churchwardens, and references m any Act overseers. to the churchwardens and overseers will, as respects any rural parish, except so far as those references relate to the affairs of the Church, be ■construed as references to the overseers (s. 5 (2) ). The provision, it will be noticed, does not except references relating to ecclesiastical charities. No appointment of assistant overseer is to be made by guardians ^ppo'inras^sistant* from and after the appointed day (s. 81 (6)), but all existing assistant overseers. overseers retain office (s. 81 (4)). Under the Poor Relief Act, 1601 (43 Eliz. c. 2, s. i), the church- ^,^;^^^\74d Avardens of every parish, and four, three, or two substantial house- qualifications holders there (as shall be thought meet, having respect to the proportion and greatness of the same parish and parishes), to be nominated yearly by two justices, were to be called Overseers of the Poor. A person who is not a householder of the parish, provided he is assessed to the poor rate of the parish, and is a householder resident within two miles from the church or chapel of the parish, or where there is no church or chapel, resident within one mile from the boundary of the parish, may, with his consent, be appointed overseer [Poor Relief Act, 1 8 19, (59 Geo. in. c. 12), s. 6]. Where two overseers cannot be conveniently appointed from the inhabitant householders in any parish, one overseer only may be appointed ; and where there is no such householder liable or fit to be appointed, some inhabitant house- holder of an adjoining parish willing to be overseer, either with or without an annual salary, to be paid out of the poor rate is to be appointed from year to year as may be found necessary [Poor Law Amendment Act, 1866, (29 & 30 Vict. c. 113), s. 11]. After the appointed day the number of overseers appointed may be six, two being in place of the churchwardens (Local Government Act, 1894, s. 5 (2) ). A person who is churchwarden may be appointed an an overseer (29 & 30 Vict. c. 113, s. 12), although a churchwarden is not as such an overseer (Local Government Act, 1894, s. 5 (2) ). There will be no nomination of persons fit to serve the office of over- seer by the Parish Meeting of a parish with a separate Parish Council. The practice which prevailed in many parishes of nominating at a Vestry Meeting persons from whom the justices might appoint overseers Avas not based upon statutory authority, and the justices were not bound to appoint overseers from among the persons so nominated. The interpretation to be given to the expression "substantial "Substantial^ 1 .11 11 1 !!• r -IT householder. householder must depend upon the Circumstances of a pansli. in a parish with only three houses and no opulent householders, the appointment of a labourer has been upheld, and there is nothing in the nature of the office to render a woman incompetent. — Rex v. Stubbs (2 T. R. 395). 42 IIADDF.X'S LOCAL GOVEKNiMENT ACT, 1894. [CHAR Overseers not entit'ed to rermiiieration. Misdemennour to refuse to sen'e. Appeal to Quarter Sessions. Death of overseer, or removal from parish. Exempted persons. An overseer, other than one ajjpointed with a salary under 29 & 30 Wet. c. 113, s. II, for an adjoining parish is not legally entitled to any remuneration for his personal services. No security can be required from an overseer for the due discharge of his duties. It is a misdemeanour for a person duly appointed overseer to refuse to serve — Rex v. Jones (2 Str. 1,146; 2 Sess. Ca. 153). A person aggrieved by being appointed, and also the parishioners aggrieved b)' an appointment may appeal to quarter sessions (43 Eliz. c. 2, s. 5). — ^t'.v V. Forrest {^ T. R. 58). A writ of certiorari may be issued to remove the appointment of overseers into the Queen's Bench Division of the High Court of Justice in order to have it quashed. — Rex v.. Standard mil (4 M. & S. 378) ; Rci^. \. Harrison (16 L.J., M.C., 33). On the death of an overseer or his removal from the parish, or on his insolvency, another may be appointed in his stead to continue in ofifice until new overseers are appointed. Before removing from the parish, an overseer must deliver over to some other overseer all rates, assessments, books, papers, sums of money, and other things concern- ing his ofifice. In the case of an overseer dying whilst in office, his- personal representative must within 40 days of his death deliver over all things concerning his ofifice to some other overseer, and pay out of the assets left by the overseer all sums received by and due from him by virtue of his office, before any of his other debts are paid and satisfied (17 C.eo. II. c. 38, s. 3.) The following persons are exempt from being appointed overseers, or exonerated from being compelled to serve the office : — Persons in Holy Orders, Roman Catholic Priests (31 Geo. III. c, 32, s. 8); Dis- senting Ministers employed solely as teachers or preachers, and having no other employment except that of schoolmaster (i Will. & Mary c. 18, s. 8; 52 Geo. III. c. 155, s. 9); Income-tax Commis- sioners (5 & 6 Vict. c. 35, s. 35) ; Commissioners and Officers of Inland Revenue (53 &: 54 VicL c. 21, s. 8); Customs Officers (39 & 40 Vict. c. 36, s. 9) ; Officers of the Post Office (7 Will. IV. & i Vict. c. 33, s. 12); Registrars of Births and Deaths, and Registrars of Marriages (7 Will. IV. & i Vict. c. 22, s. 18) ; Factory and Workshop Inspectors (41 & 42 Vict. c. 16, s. 67); Medical Practitioners (32 Hen. VIII. c. 40 ; 6 & 7 Will. & Mary c. 4, s. 2 ; 18 Geo. II. c. 15, s. 10 ; 21 & 22 Vict. c. 90, s. 35); Dentists (41 & 42 Vict. c. 33, s. 30) ; I'ersons in the Militia (45 & 46 Vict. c. 49, s. 41), Royal Naval Volunteers (16 & 17 Vict. c. 73, s. 8 ; 22 &: 23 Vict. c. 40, s. 7), and Persons in the Army Reserve (45 & 46 Vict. c. 48, s. 7). No master of a workhouse, relieving officer (13 & 14 Vict. c. loi, s. 8), or assistant overseer (29 &: 30 Vict. c. 113, s. 10), nor any person directly or indirectly concerned in any contract for the supply of goods for the workhouse or for the relief of the poor of the union in which the parish is situated (12 & 13 Vict. c. 103, s. 6) is qualified to be an overseer. IV.J POWERS OF PARISH COUNCIL. 43 Undischarged bankrupts (46 & 47 Vict. c. 52, s. 32) and persons Persons convicted of felony, fraud, or perjury (4 & 5 Will. IV. c. 76, s. 48) ."e'rvTngfs '"'■°'" are disqualified. Persons convicted on indictment for corrupt practices overseers, at parliamentary and other elections, and candidates at such elections who are reported by an election court to have committed the offence of treating or undue influence, or on whose behalf any other corrupt practice has been with their knowledge committed, are ineligible for the office of overseer during a period of seven years from the convic- tion or date of the report respectively (46 & 47 Vict. c. 51, ss. 4, 5, 6 ; 47 & 48 Vict. c. 70, ss. 2, 3, 36). Peers and members of parliament, justices, practising barristers and solicitors, officers of the courts of law, and officers of the army and navy, even on half pay, have been held exempt from serving the office of overseer. Overseers are appointed for a year, and hold office till their sue- ^'^"°'^ cessors are appointed. Their principal duties in a rural parish are — overseers. (i) To make the poor rate and to pay out of the proceeds of the Poo^ate. rate the sums necessary to meet the precepts of the County Council, Guardians, Parish Council, and other local authorities having jurisdiction over or in the parish. (2) To make the valuation list of the rateable hereditaments in the Valuation Lists. parish under the supervision of the Union Assessment Com- mittee. {3) To make, under the direction of clerks of the County Councils, ''^'^ ° ^"'"''^ the lists of parliamentary and local government electors, and of persons who, residing beyond seven but within fifteen miles of the county, are entitled in respect of the occupation of property in the county, to be elected county councillors. These duties are performed by the overseers in a municipal borough, under the direction of the town clerk, and in a parliamentary borough, not being a municipal borough, under the direction of the person acting as town clerk. (4) To make a list of all men between the ages of 21 and 60, -^'"'^' '^'^' residing in the parish, qualified to serve on juries. (5) To give, in cases of sudden and urgent necessity, temporary relief ^^"f'°''^'^ at the cost of the poor rate, in articles of absolute necessity, and to obey any order of a justice requiring such relief to be given, to give in a case of sudden and urgent necessity, if he deem it desirable, an order provisionally, for admission into the workhouse ; to grant, when medical relief is required, in the case of the sudden and dangerous illness of a destitute person an order for the attendance of the medical officer of the union, and to obey any order of a justice requiring such relief 44 IIADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Duties of overseers. Burial of bodies cast on shore. Poor Law Amendment Act, 1834 (4 iS: 5 Will. IV. Mortuaries. Disorderly houses. Duties where no Parish Council. Appointment of assistant overseer. to be given c. 76), s. 54 (6) To provide for the suitable interment of any dead human body ca.st on shore from the sea (48 Geo. III. c. 75), or from any tidal or navigable waters (49 Vict. c. 20). (7) In a parish for which there is rio Burial Board, to provide by the direction of the Parish Council, or where there is no separate Parish Council, by the direction of the Parish Meeting, mortuaries, and make arrangements for the reception and care of the bodies deposited therein [Burial Act, 1852 (15&16 Vict. c. 85), s. 42]. (8) To enter into recognizances before a justice upon information on oath being given by two inhabitants to prosecute at quarter sessions, or the assizes, keepers of brothels, gaming4iouses, or other disorderly houses. The costs of the prosecution, and in case of conviction, a reward of ten pounds to each of the two inhabitants, are to be paid by the overseers out of the poor rate (25 Geo. II. c. 36, s. 5 ; 58 Geo. III. c. 70, s. 7 ; 48 & 49 Vict. c. 69, s. 13). (9) In a parish not having a separate Parish Council the overseers retain, subject to the provisions made by any grouping order, certain powers which are transferred to the Parish Council by section 6 (i) (<:) of the Local Government Act, 1894. As to these powers see page 50. Assistant overseers ha\e hitherto been nominated by the vestry and appointed by the justices, under section 7 of the 59 Geo. III. c. 12, but in some parishes an assistant overseer could not be appointed on account of the guardians of the union having been empowered by orders of the Poor Law Commissioners and their successors to appoint assistant overseers or collectors of poor rates with the powers of assistant overseers. Both the powers of the justices and of the guardians in this matter cease under the Local Government Act, 1894, but existing officers are continued in office, and until the office ■were vacant the Parish Council could not appoint an assistant overseer to perform the same duties as an existing officer. Under certain circumstances a collector of rates or an assistant overseer appointed by the guardians may be appointed by the Parish Council to perform the duties of an overseer, as provided by the Act of Geo. III. [Poor Law Amendment Act, 1844 (7 & 8 Vict. c. loi), s. 61]. An appointment of assistant overseer may be made without limitation of the period, or may be made for a limited period. A bond, with or without sureties, may be taken for the faithful discharge of his duties in such penalty as the Parish Council or Meeting, as the case may be, think fit. The bond must be given to the overseers. IV.] POWERS OF PARISH COUNCIL. 45 Revocation oi appointment. T. he Parish Council should appoint as assistant overseer a discrete Appointment of ,,,„___ \A 1 -1 assistant person. (59 Geo. ill. c. 12, s. 7). A woman may be appointed. overseer. The duties of an assistant overseer are determined and specified Salary, &c. and his yearly salary fixed by his appointment. His salary is expressly required to be paid out of the poor rate, and it will not form part of the expenses of the Parish Council or Parish Meeting, as it can under the statute be paid by the overseers without any order for pay- ment by the Parish Council or Parish Meeting, as the case may be. This seems to be so, even where the performance of his duties as clerk of the Parish Council are under section 17 (2) of the Local Government Act, 1894, taken into account in determining his salary. An assistant overseer continues in office until he resigns, or until Term of office. his appointment is revoked. When the salary of an assistant over- seer is altered, his appointment should be revoked and a fresh appointment made at the altered salary. Not only may the Parish Council or Parish Meeting, as the case may be, revoke the appoint- ment of an assistant overseer, but he may also be removed by an order of the Local Government Board for incompetency, neglect of duties, or other misconduct. If so removed he is not competent to fill any paid office connected with the relief of the poor of the parish, except with the consent of the Local Government Board (4 & 5 Will. IV. c. 76, s. 48). A conviction for felony, fraud or perjury, vacates the office (s. 49). Corrupt practices disqualify for the office, as in the case of an overseer.^ An overseer cannot be appointed an assistant overseer (29 & 30 Vict. c. 113, s. 10), but there is nothing to prevent a churchwarden being after the appointed day appointed an assistant overseer, for a churchwarden, as such, then ceases to be an overseer (Local Govern- ment Act, 1894, s. 5 (2) ). A master of a workhouse is disqualified, and so is a relieving officer, unless authorised to hold the office by the Local Government Board (13 iS: 14 Vict. c. loi, s. 6). It is very usual to appoint an assistant overseer to execute and perform all such duties as appertain to and are incident to the office of an overseer of the poor, but his duties may by the appointment be more restricted. In the absence of express limitation of the duties to be performed, the assistant overseer will be taken as having been appointed to perform all the ordinary duties of an overseer. — Poitits v. Aiiwood (18 L. J., C. P. 19). The duties of the office maybe discharged by a person who does not reside in the parish. Any existing assistant overseer in a parish for which a Parish Existing assist- , . , awx. overseers. Council is elected, becomes, unless he was appointed by a Board of Guardians, an officer of the Parish Council (s. 81 (3) ). A vestry clerk appointed under the Vestries Act, 1850, who holds Vestry derk. 1 See page 43. Duties of assi.-.tant overseer. 46 IIADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Existing^vestry clerks. Appointment ot" clerk of Parish Council. Transfer of officers. office at the appointed day, becomes the clerk of the Parish Council (s. 81 (2)), but a Parish Council are not to appoint to the office of a vestry clerk (s. 1 7 (4) ). The Vestries Act, 1850 (13 & 14 Vict. c. 57), could be adopted in a parish with a population exceeding 2,000, but very few rural parishes have vestry clerks. Section 7 of the Act sets out their duties at length. No future appointment to the office can be made in a rural parish. Subject to any existing vestry clerk becoming clerk of the Parish Council, the Council may appoint one of their number to act as clerk without remuneration. If no member of the Council is appointed to act as clerk, the assistant overseer, if any, or such one of the assistant overseers, if more than one, as may be appointed by the Council, will be their clerk. Where there is one assistant overseer only he becomes, if there is no vestry clerk and no member of the Parish Council is appointed clerk, without any appointment by the Parish Council, clerk to that Council. It is obligatory upon the assistant overseer, or, where there is more than one, the assistant overseer appointed by the Parish Council to be their clerk, to perform the duties of clerk ; but the performance of those duties is to be taken into account in determining his .salary.^ If there is no assistant overseer, the Parish Council may appoint a collector of poor rates, or some other fit person, to be their clerk, with such remuneration as they may think fit. When the Council act as a parochial committee by delegation from the District Council they are to have the services of the clerk of the District Council, unless the District Council otherwise direct.^ The Parish Council may appoint one of their own number or some other person to act as treasurer without remuneration, and the treasurer must give such security as may be required by regulations of the County Council (s. 17). The required security will have to be given to the County Council. Where the powers and duties of any authority other than justices are transferred by the Local (rovernment Act to any Parish Council, the officers of that authority become the officers of the Parish Council (s. 81(1)). Under this provision, the officers of Lighting Inspectors, Commis- sioners of Baths and Washhouses, and any other authority executing Officers of Lighting Inspectors, BathTand'w^h-'^ any of the adoptive Acts 3 andany officers of the vestry become officers houses, &c. — 1 In the case of an existing assistant overseer who becomes clerk of the Parish Council, the re-adjustment of his salary should be effected by a revocation of hLs- appointment, and by his re-appointment at the increased salary. Sdt; page 45. - See page 67. ^ 6ee Chapter V. IV.] POWERS OF PARISH COUNCIL. 47 •of the Parish Council to whom the powers and duties of the authority Parish officers, and vestry are transferred. Every such officer, vestry clerk, and assistant overseer, will continue to hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties will receive not less salary or remuneration ' (s. 8 1 (4) ). Powers of vestry Highways. Election of highway surveyor in i8 Powers transferred to Parish Council. The powers, duties, and liabilities of the Vestry of the parish •except — (i.) so far as relates to the affairs of the church or to eccle- siastical charities '^ ; and (ii.) any power, duty, or liability transferred by the Act from the vestry to any other authority are transferred to the Parish Council (s. 6 (i) ). Under this provision, the Parish Council practically takes over all the powers of the Vestry, except those relating to church affairs and ecclesiastical charities, and the powers under the Act to be exercised by the Parish Meeting with respect to the adoptive Acts, and the powers which the Vestry had with respect to highways. But the powers of the Vestry as to highways will be exercised by the Parish Council in parishes now separately maintaining their own highways during such term, if any, as the County Council may, under section 25 ( I ) postpone the transfer of powers of any highway authority to the Rural District Council. In the year 1894, the election of Surveyors of Highways, and of Parish Boards for the Repairs of the Highways, takes place as usual. The Vestry continues to exist for purposes connected with ^rT^ie'^tastkar the affairs of the church and ecclesiastical charities. No general purposes, explanation of the expression " affairs of the church," is contained in the Act, but it includes the distribution of offertories, and other collections made in any church (s. 75 (2) ). It will, without doubt, include the election of churchwardens, who, under the Act, generally cease to be secular officers, and such matters as the levying of a voluntary church rate. The powers of the Vestry transferred to the Parish Council include all the poAvers of the inhabitants of the parish, whether in vestry assembled or not, and of any Select Vestry, either by statute or at com- mon law (s. 75 (2) ) ; but there are few, if any, rural parishes where the powers of the Vestry transferred to the Parish Council will include any exceptional powers. Among the powers transferred from the Vestry to the Parish Powers of vestry Council the following may be mentioned : — ^ As to compensation to existing officers, see page 184. ^ See page 74. 48 HADDEN'S local government act, 1894. [CHAP. Powers The Parish Council will have control over agreements voluntarily Verto^"'' '^'"" made by the owners of rateable hereditaments not exceeding ^8 in Voluntary pay- rateable value with the overseers to become liable for the poor rates. i7^ o\v°ne?s°'^ "^^"^ ^°^ '^'^y term not being less than one year, whether the premises are occupied or not, and to receive a commission not exceeding 25 per cent, on the amount of the rates [Poor Rate Assessment and Collection Act, 1S69 (32 & ^;^ Vict. c. 41) s. 3].^ Compulsory The Parish Council may from time to time order that the owners ratnig of owners, ^j- ^jj such rateable hereditaments tn ivhich dwdling-houses are included shall be rated instead of the occupiers (s. 4). When the order has been made, the owners of all such rateable hereditaments must be rated by the overseers, and an abatement of 15 per cent, be made from the amount of the rate. If an owner gives notice in writing to the overseers that he is willing to be rated, for any term not being less than one year, in respect of all such rateable hereditaments of which he is the owner, whether occupied or not, the overseers are to rate the owner accordingly, and allow him a further abatement not exceeding 15 per cent. Parish constables Where quarter sessions consider it necessary that one or more parish constables should be appointed, the Parish Council on receipt of a precept from the justices requiring lists of men qualified to serve as parish constables, must within fourteen days of receipt of the precept make out a list of such number as is named in the precept of men residing within their parish who are qualified and liable to serve as constables, and they may annex the names of others, although not qualified, who are willing to serve (5 «!^: 6 Vict. c. 109, ss. 2, 3 ;. 35 -^^ 36 Vict. c. 92, ss. 2, 3). Every able-bodied man, unless exempt or disqualified, resident within the parish, between the ages of 25 and 55 years, rated to the relief of the poor, or to the county rate on any tenements of the rateable value of ^4 or upwards is qualified and liable to serve as. constable of the parish (5 & 6 Vict. c. 109, s. 5). Numerous persons are exempted or disqualified for the office. They are practically the same persons as are exempted or disqualified from serving the office of overseer {see 5 & 6 Vict. c. 109, ss. 6, 7 ; 13 & 14 Vict. c. loi, s. 6). Parishes may be united by the justices for the appointment of parish constables (5 & 6 Vict. c. 109, s. 4). A copy of the list made by the Parish Council is to be fixed by the overseers on the first three Sundays in March upon the doors of the principal churches and chapels, stating the time and place for the hearing of objections to the list by the justices (5 & 6 Vict. c. 109, s. 8). The Parish Council may on receipt of the precept of the justices ^ Sections 3 and 4 of this Act are reprinted at page 296 of the Appendix. IV.] POWERS OF PARISH COUNCIL. 49 resolve that one or more paid constables be appointed at a salary fixed Powers trans- by them, and such paid constables may be appointed by the justices Testr™"" in petty sessions (35 & 36 Vict. c. 92, s. 4). — In a parish where a knacker's yard exists ^ the Parish Council are Knackers' required to appoint inspectors annually or oftener to inspect such ^'"""^^^ places and keep a book containing particulars of the animals slaughtered. The fee for each entry is 6d., which is to be paid by the person carrying on the business [Knackers Act, 1786 (26 (leo. III., c. 71), s. 5]. This enactment has in many places fallen into desuetude, and has seldom been acted upon by the vestry. If the County Council postpone the operation of section 25, which Highways transfers to the Rural District Council the powers of existing Highway Authorities, the Parish Council, if the parish separately maintained its own highways, would have to elect the Surveyor, or Board of Surveyors of Highways, and if the parish was in a Highway District would have to elect a Waywarden as the representative of the parish on the Highway Board. The powers, duties, and liabilities of the churchwardens of the Powers trans- parish, except so far as they relate to the affairs of the church or to ohurchwardens. charities, or are powers and duties of overseers, but inclusive of the obligations of the churchwardens with respect to maintaining and repairing closed churchyards wherever the expenses of such main- tenance and repair are repayable out of the poor rate under the Burial Act, 1855 (18 & 19 Vict. c. 128), are transferred to the Parish Council. But those obligations are not in the case of any particular parish to be deemed to attach, unless or until the churchwardens subsequently to the passing of the Local Government Act, 1894, give a certificate, as in the Burial Act, 1855, provided, in order to obtain the repayment of such expenses out of the poor rate (s. 6 (i) [b) ). The powers and duties which the churchwardens had as overseers cease from the appointed day, and references in any Act to the , churchwardens and overseers are to be construed, except so far as they relate to the affairs of the church, as references to the overseers (s. 5 (2) ). The provision in section 6 (i) (d) transfers to the Parish. Council such secular powers as belong to churchwardens not as overseers, or as included in the expression " churchwardens and overseers." For instance, the obligation to provide for the interment of dead bodies cast on shore ^ is imposed personally on the churchwardens as well as on the overseers by the statute, and it is obligatory upon the churchwardens as such to perform the duty. In a parish without a Parish Council the duty will still pertain to the churchwardens as it is imposed on them as churchwardens and not as ^ See page 164, as to the licences for these places. ^ See page 44. 50 hadden's local government act, 1894. [chap. Powers trans- ferred from churchwardens Closed church- yards. Powers trans- ferred from overseers, or churchwardens and overseers. Appeals against valuation list. overseers. The right of the churchwardens to give a certificate of character for the purposes of section i of the Knackers Act, 1786 {see page 164), is another instance of a power which will pass to the Parish Council. Section 18 of the Burial Act, 1855, which is the enactment referred to in section 6 (i) (b) of the Local Government Act, 1894, provides that where an order in council is issued for the discontinuance of burials in any churchyard, the churchwardens shall maintain the churchyard in decent order, and also do the necessary repair of the walls and other fences, and the expenses shall be repaid by the overseers upon the certificate of the churchwardens out of the poor rate, unless there is any other fund legally chargeable with such expenses. The effect of the provision in the Local Government Act, 1894, is that unless and until a certificate is given by the churchwardens after the 5th of March, 1894. the maintenance and repair of a closed churchyard will remain in the hands of the churchwardens, but directly any such certificate is issued, the transfer to the Parish Council of the obligations of the churchwardens in the matter will take place. The transfer depends upon the date of the giving of the certificate, and not upon the period when the expenses to which the certificate relates were incurred. If the certificate is given after the passing of the Act, but before the coming into ofiice of the Parish Council, the transfer of the obligations awaits the coming into office of the Council, and the obligations become vested in the Parish Council immediately upon their coming into oflfice. The powers, duties, and liabilities of the overseers or of the churchwardens and overseers of the parish with respect to — (i.^ appeals or objections by them in respect of the valuation list, or appeals in respect of the poor rate, or county rate, or the basis of the county rate ; and (ii.) the provision of parish books and of a vestry room or parochial oflfice, parish chest, fire engine, fire escape, or matters relating thereto are transferred to the Parish Council (s. 6 (i) {c) ). These powers will, subject to any provisions made by a grouping order, be retained by the overseers in a parish without a Parish Council. Any notice required to be given to the Parish Council in connection with the transferred powers may be served on their clerk (Schedule i, Part 2, r. 15). If the Parish Council Jof any parish in any union have reason to think that the parish is aggrieved by the valuation list of any parish within the union, they may within 28 days after the deposit of the list for inspection give to the Union Assessment Committee, and to the Parish Council or overseers, as the case may be, of the parish concerning the valuation list of which objection is made, a notice in writing specifying the grounds of objection [Union Assessment Committee Act, 1862 (25 & 26 Vict. c. 103), s. iS]; but with the IV.] POWERS OF PARISH COUNCIL. 51 Powers trans- ferred from churchwardens and overseers. Appeals against valuation list. Appeals against poor rate consent of the Parish Council or overseers concerned, the Committee may hear the objection although the notice to the Council or overseers has not been given (s. 19). After all objections have been heard and determined, and the valuation list has been approved by the Union Assessment Committee (ss. 20, 21, 30), a further appeal is open to the Parish Council. If they have reason to think that the parish is aggrieved by being valued too high, or by another parish being valued too low, they may appeal to quarter sessions against the valuation list of the parish which appears to be over valued or under valued. Fourteen days' notice in writing previous to the first day of quarter sessions of the intention to appeal, and the grounds of the appeal must be given to the guardians of the union, and where the appeal is made against the valuation list of any other parish to the Parish Council or overseers, as the case may be, of thatother parish (s. 32). The contributions to the common fund of the union and rates are made upon the basis of the approved valuation lists. A person aggrieved by any poor rate may under 17 Geo. II. c. 38, s. 4, and the Quarter Sessions Act, 1849 (12 & 13 Vict. c. 45), s. i, appeal to the next general or quarter sessions. Fourteen clear days notice in writing stating the grounds of the appeal must be given to the Parish Council or the overseers, as the case may be, but with the consent of the Council or the overseers the appeal may be heard without notice, or although the grounds of appeal were misstated [The Poor Rate Act, 1801 (41 Geo. III. c. 23), s. 5]. No appeal can be made against a poor rate in conformity with the valuation list, unless the appellant has made objection to the Union Assessment Committee, and has failed to obtain such relief as he deems just [The Union Assessment Committee Amendment Act, 1864 (27 & 28 Vict. c. 39), s. i]. The preparation and revision of the basis or standard for the Appeals against county rate is part of the administrative business of the County Council, and is managed by a committee of their members. The basis determines the amount of contributions due from each parish for county purposes. If the Parish Council have reason to think that the parish is aggrieved by such basis or standard they may appeal to quarter sessions. The grounds of appeal by the Parisli Council are the omission of parishes, or on account of their parish being rated on a sum beyond the full and fair annual value of the property therein, or on account of some other parish being rated on a sum less than the full and fair annual value of the property therein. Twenty-one days' notice in writing must be given where the appeal is in respect of a parish being over valued to the clerk of the peace, and in other cases to the Parish Council or overseers, as the case may be, of the parish to which the appeal has reference [The County Rates Act, 1852 (15 & 16 Vict. c. 81), s. 17]. An appeal against the county rate made upon the basis or standard may also be made by i) 2 county rate and basis 52 HADDEN'S local government act, 1894. [CHAP. Powers trans- ferred from churchwardens and overseers. Parish hooks Vestry rooms and parochial offices. Parish chest. the Parish Council to quarter sessions on similar grounds, or on any other just cause of complaint. Fourteen days' notice must be given to the parties against whose rate the appeal is to be made, also to the clerk of the peace and the hundred constable (s. 22). I'he churchwardens and overseers were required by section 2 of the Vestries Act, 181 8 (58 Geo. III. c. 69), to provide a book in which the minutes of the proceedings and resolutions of every vestry was to be fairly and distinctly entered. Such a book may still be required to be provided by the Parish Council for the purposes of the vestry when it meets for the affairs of the church or ecclesiastical charities.^ A book will also be necessary for the minutes of the Parish Council and Parish Meeting (Schedule i. Part 2, r. i). Vestry rooms may be provided in parishes where the population exceeds, 2,000, and parochial offices where the population exceeds 4,000. The Local Government Board may, upon written application from the Parish Council of any parish with a population exceeding 2,000, according to the last preceding census, order that the Vestries Act, 1850, shall be applied to and put in force in the parish (13 & 14 Vict. c. 57, s. i). Under the Act rooms may be hired, or lands or buildings purchased or leased or exchanged, or lands belonging to the parish may be sold, and the proceeds invested in the purchase of other lands or buildings, or suitable buildings may be erected for the purpose of holding any vestry or other meeting for the transaction of any business of, or relating to, the parish. With the consent of the Local Government Board, the Parish Council of any parish with a population exceeding 4,000, according to the last census, may exercise similar powers under section i of the Parochial Offices Act, 1861 (24 & 25 Vict. c. 125), in order to provide or erect a suitable building for the purpose of an office for the transaction of the business of the parish. No power of compulsory acquisition of land is conferred by these enactments, but the Parish Council have such a power under section 9 of the Local Government Act, 1894.2 So far as a rural parish with a Parish Council is concerned, these enactments cease to have much practical value, as more extensive powers of providing buildings for public offices and for meetings^ are conferred on every Parish Council by section 8 (i) of the Local Government Act, 1894. The transfer of the powers and duties of the churchwardens and overseers with respect to a parish chest seems to have reference to the provision of proper depositories which the overseers might provide under 24 c\: 25 Vict. c. 125, s. 2, but it may include the ^ Sec page 47. See page 105. ^ See page 60. IV.] POWERS OF PARISH COUNCIL. 53 power and duty to provide the iron chest mentioned in 52 Geo. III. ^fe^red from^' C. 146 S. K. churchwardens ' and overseers. The Parish Council may provide proper depositories for all the Depositees for documents, books, and papers belonging to the parish, for which no documents, &c. provision is made by law, and charge the cost upon the poor rate ^ (24 & 25 Vict. c. 125, s. 2). A dry well-painted iron chest is to be provided and repaired as i''^" '^^^^'■■ occasion may require at the expense of the parish for holding the registers of baptisms, marriages, and burials required to be kept in the custody of the rector or officiating minister- [52 Geo. III. c. 146, s. 5 ; Births and Deaths Registration Act, 1836 (6 & 7 Will. IV. c. 86) s. ss]. Where there is no other authority competent to provide the Fire engine, same'^, the Parish Council may resolve to provide a fire engine, ladder, or fire escape for general use in the parish, and provide a place wherein to keep the same and maintain it, as well as any such engine, ladder, or escape acquired by the parish in any other manner for such use, in a fit state of repair. They may also pay the charges of persons necessary for the use thereof, and the cost of suitable implements and accoutrements [Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106) s. 29]. The legal interest in all property vested either in the overseers or in Parish Property, the churchwardens and overseers of a rural parish, other than property connected with the affairs of the church, or held for an ecclesiastical charity, is, if there is a Parish Council, to vest in that Council, subject to all trusts and liabilities affecting the same, and all persons concerned must make or concur in making such transfers, if any, as are requisite for giving effect to this enactment (s. 5 (2) (r) ). No formal transfer is necessary in the case of land or buildings, as this enactment, without any instrument, effectually and conclusively vests such property in the Parish Council ; but, in the case of stocks, Stocks, shares, shares, and other securities, a formal transfer to give effect to the enactment will be required, as the register of such securities is generally conclusive of ownership so far as purchasers without notice are concerned. Section 17 of the Poor Relief Act, 1819 (59 Geo. III. c. 12), empowered the churchwardens and overseers of a parish to hold on behalf of the parish all buildings, lands, and hereditaments belonging ^ See page 70 as to the place of deposit of parochial documents. - See page 71. ■^ That is in a parish where the Lighting and Watching Act, 1833, ^s not in force (see page 89), or where the Rural District Council are not empowered l)y an order of the Local Government Board to provide fire engines under section 171 of the Public Health Act, 1 87 5 (38 & 39 Vict. c. 55). I 54 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Vesting order under Charita Trusts Acts. ^erredV"^^"^ ^'^ ^^^ parish, and incorporated them for that purpose. Under other churchwardens enactments, also, property may have been vested in the same body, and overseers, ^g^ j-^j. j,-|stance, an allotment for a recreation ground or other public Parish property, purpose made under the Inclosure Acts, 1845 to 1882. In whatever manner the property may have been vested in the churchwardens and overseers, the effect of the provision in the Local Government Act is simply to transfer the bare legal estate to the Parish Council. The beneficial interest will remain unaffected and be enjoyed as before the transfer. Property connected with the affairs of the church or held for an ecclesiastical charity will not be transferred, nor will property vested in the overseers, or in the churchwardens and overseers jointly, with another person or persons as, for instance, the rector, vicar, or curate. Where the legal estate is vested in the churchwardens and overseers by virtue of the Poor Relief Act, 1819, nothing in the Charitable Trusts Acts, 1853 to 1891, is to be deemed to require the consent of the churchwardens and overseers in their capacity as a corporation under that Act, or of the Parish Council as their successors, to a vesting order under those Acts dealing with the legal estate ; but this provision is not to affect any rights, powers, or duties of the churchwardens and overseers or the Parish Council, in cases where they have active powers of management (Local Government Act, 1894, s. 52 (4)). This provision does not apply to the chair- man and overseers of a parish without a separate Parish Council, see page 26. In some instances, as stated just now, the churchwardens and overseers hold, under section 17 of the Poor Relief Act, 18 19, the legal estate in property, the management and proceeds of which are entrusted to others for charitable purposes. Over the disposal of such property, the Charity Commissioners have jurisdiction, but the consent of the corporation in which land is vested is, by section 48 of the Charitable Trusts Act, 1853 (16 &: 17 Vict. c. 137), necessary to a vesting order of the Charity Commissioners. Such consent ceases to be requisite for the vesting of the legal estate where property is held by the Parish Council and their predecessors under the Act of 1 819. Any active powers of management possessed by them will remain unaffected. Property held for public purposes Property vested in the churchwardens and overseers for civil purposes becomes in every case vested in the Parish Council, if there is a Council, and the Council holds the property subject to the same trusts and liabilities, if any, as attached to it when held by the parish officers. Although the property is vested in the parish officers, other persons may, under the trusts, have the powers of management. Property held for purposes connected with a parish is also often held by trustees and not by the parish officers. In both cases the Local Government Act, 1894, gives the trustees the option to digest IV.] POWERS OF PARISH COUNCIL. 55 themselves of their resnonsibiUties by a transfer to the Parish Parish property ^ •, ■" held for pubhc l^OUnCll. recreation •IT7-1 111 r ^ r IT ground, public Where trustees hold any property for the purposes of a pubhc meetings, or recreation ground, or of pubUc meetings, or of allotments, whether .-allotments. under Inclosure Acts or otherwise, for the benefit of the inhabitants of a rural parish, or any of them, or for any public purpose connected with a rural parish, except for an ecclesiastical charity, they may, with the approval of the Charity Commissioners, transfer the property to the Parish Council of the parish, or to persons appointed by that Council, and the Parish Council, if they accept the transfer, or their appointees, will hold the property on the trusts and subject to the conditions on which it was held by the trustees (s. 14 (i) ). Any persons administering or managing the property are included as trustees for the purposes of this provision (s. 75 (2) ). Trustees may hold allotments under the Inclosure Act, 1845 (8 & 9 Vict. c. 118), section 73, to be appropriated as a place of exercise and recreation, or for other public purposes. Under Local Inclosure Acts, allotment wardens, trustees, or other functionaries often hold allotment lands for the benefit of the poor, or for field gardens or recreation grounds, or other public purposes. Any such trustees, or persons in the position of such trustees, whether holding the property under Inclosure Acts or otherwise, may, with the approval of the Charity Commissioners, act upon the permissive power conferred upon them bv section 14 (i) to transfer the property to the Parish Council or their appointees. The overseers, whenever they are required by the district auditor or Terrier of pari<;h the Local Government Board, must accurately and truly make out a P''°P^"y list of the lands and tenements, and an inventory of stock, money, goods, and effects belonging to the parish, or given or applicable in aid of the poor rates. ■^ The list is technically known as a "terrier." The powers exerciseable with the approval of the Local Govern- ment Board by the Board of Guardians for the poor law union comprising the parish, in respect of the sale, exchange, or letting of any parish property, are to be exercised by the Parish Council, (s. 6(i)(^)). Although the legal estate in parish property was vested in the over- seers or in the churchwardens and overseers, the power of disposition belonged to the guardians of the poor law union, comprising the rural parish, under section 3 of the Union and Parish Property iYct, 1835 (5 & 6 Will. IV. c. 69), which enabled the guardians, with the consent of a majority of the owners and ratepayers, and with the approbation Sale, &c., of parish property. 1 A list of charity properties is also required to be made where the Vestries Act, 1 83 1, is in force. See page 78. 56 hadden's local government act, 1894. [chap. Powers trans- ferred from the guardians. Management of parish property. and subject to the rules, orders, and regulations of the Local Govern- ment Board, to sell, exchange, or let any workhouses, tenements, buildings, lands, effects, or other property belonging to any parish in the union. The legal estate is transferred to the Parish Council by section 5 (2) {c) of the Local Government Act, 1894, and that Council are also to have the powers of the guardians, subject to the consent of the Parish Meeting,' with respect to the disposition of parish property. The power of disposition transferred from the guardians is, how- ever, practically not required, having regard to the following general provision of the new Act, by which a Parish Council may let, or, with the consent of the Parish Meeting, sell or exchange any land or build- ings vested in the Council, but the power of letting for more than a year, and the power of sale or exchange cannot be exercised in the case of property which has been acquired at the expense of any rate, or is at the passing of the Act (namely 5th March, 1894) apphed in aid of any rate, or would but for want of income be so applied, without the consent of the Local Government Board, or in any other case without such consent or approval as is required under the Charitable Trusts Acts, 1853 to 1891, for the sale of charity estates. No such consent or approval will, however, be required for the letting for allotments of land vested in the Parish Council (s. 8 (2) ). Where the property has not been acquired at the expense of any rate, or is not applied in aid of any rate, the Parish Council cannot make, except with the express authority of Parliament, or a court of competent jurisdiction, or according to a scheme legally established, or with the approval of the Charity Commissioners, any sale, mortgage, or charge of the charity estate, or any lease in reversion for more than three years of any existing term, or for any term of life, or in con- sideration wholly or in part of any fine or for any term exceeding twenty-one years [Charitable Trusts Amendment Act, 1855 (18 & 19 Vict. c. 124, s. 29)]. An exchange may be authorised by the Charity Commissioners, under section 24 of the Charitable Trusts Act, 1853 (16 & 17 Vict. c. 137). But the Parish Council may, under the Local Government Act, 1894, let for allotments without any of these formalities. The powers, duties, and liabilities of the overseers or of the church- wardens and overseers with respect to the holding or management of parish property, not being property relating to affairs of the church or held for an ecclesiastical charity, and the holding or management of village greens, or of allotments, whether for recreation grounds or for gardens or otherwise for the benefit of the inhabitants or any of them, is transferred to the Parish Council (s. 6 (1) (c) ). ^ See page 22. IV.] POWERS OF TARISH COUNCIL. 57 Powers trans- ferred from The Parish Council may execute any works (including works of maintenance or improvement) in relation to any such parish property churchwardens /o/\/-\\ and overseers. (s. 8 (i) (/) ). — Section 15 of the Inclosure Act, 1845 (8 & 9 Vict. c. 1 18) prohibited village greens, the inclosure of a village green, and provided that on an inclosure of lands in a parish the village green might be allotted to the church- wardens and overseers for the purposes of exercise or recreation. Allotments may be made under the Act for recreation grounds and Allotments, field gardens for the labouring poor (s. 34), and for the benefit of classes of persons entitled to common rights over the allotment (s. 87). Allotments for these purposes might be made and awarded under the Act to the churchwardens and overseers, and it was generally their duty to maintain and repair the fences and keep the surface level and drained (ss. 73, 87). The expenses of maintaining allotments for exercise and recreation were to be paid out of the rents for herbage, or out of the poor rate, or otherwise (s. 73). The Commons Act, 1876 (39 & 40 Vict. c. 56), made important changes as to allotments under the Act of 1845. It provided that future allotments made for the purpose of a recreation ground should always be vested in the churchwardens and overseers (s. 25), and gave directions as to the application of surplus rents of recreation grounds and field gardens (s. 27). The Parish Council will now exercise these and other poAvers of the churchwardens and overseers under the Inclosure Acts, 1845 to 1882. The Parish Council can take proceedings for preventing nuisances Nuisances on on village greens and recreation grounds under the Inclosure Act, &c,^^^ greens, 1857 (20 & 21 Vict. c. 31, s. 12). Further powers of control are given by section 8 (i) (^) of the Local Government Act, 1894.^ In the case of a recreation ground, building or other property held for the benefit of a part of the parish with a defined boundary, the Parish Council must, if required, by a Parish Meeting held for that part,^ appoint annually to exercise their powers and duties in respect of such property, a committee consisting partly of parish councillors and partly of other persons representing the part. wardens, &c. The powers and duties of any wardens, committee, or managers Powers trans- appointed or elected under any statute for allotments, are to be allotment exercised and performed by the Parish Council, and no appointment or election of any such wardens, committee, or managers will be necessary. For the purposes of section 16 of the Small Holdings Act, 1892 (55 & 56 Vict. c. 31), two members of the Parish Council will be substituted for allotment managers or persons appointed as allotment managers (Local Government Act, 1894, s. 6 (4) ). ^ See page 61. - See page 137. 58 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Powers trans- feree! from allot- ment wardens, &c. Allotments Small holdings. Representation as to allotments. An allotment made upon any inclosure under the Inclosure Acts, 1845 to 1SS2, for the labouring poor, was placed under the manage- ment of " The Allotment Wardens " of the parish, who consisted of the incumbent, one of the churchwardens yearly named, and two of the ratepayers, yearly chosen and appointed by the justices in the same manner as overseers (8 & 9 Vict. c. 118, s. 108). Committees for allotments made under local Acts of Inclosure and for poor allot- ments were required to be appointed annually by the allotment, trustees and the vestry respectively, to exercise the powers of the appointing authority [Poor Allotments Management Act, 1873 (;^6 & 37 Vict. c. 19) ss. 3, 4]. A committee appointed by a vestry had to determine the applications of industrious cottagers of good character who desired to rent, under the provisions of 2 Will. IV. c. 42, fuel allotments made for the benefit of the poor of the parish. The trustees of the allotments were entitled to vote on the applications made to the committee. Under the provision in section 6 (4) of the Local Government Act, 1894, the Parish Council exercise the powers and duties of the allotment wardens under the Act of 1845, and of any committee under the Act of 1873, and of any similar body under any other statute, whether public or local. They will also take the place of any managers appointed by a sanitary authority or a Rural District Council under section 6 (3), or elected by the Parliamentary electors under section 9 of the Allotments Act, 1887, to manage allotments pro- vided under that Act or the Allotments Act, 1890. They can, under section 6 (3) of the Local Government Act, 1894, require allotments so provided to be entrusted to their management. Two of their number will become members of any committee to which a County Council pro- viding small holdings may delegate their powers (except rating and borrowing powers) under the Small Holdings Act, 1892, with respect to the adaptation of land for any holdings, and the sale, letting, and manage- ment of any holdings. The committee for that purpose consists of — The county councillor representing the electoral division in which the holdings are situate ; and Two other members of the County Council ; and Two members of the Council of the Parish in which the holdings are situated (55 & 56 Vict. c. 31, s. 16). A Parish Council have the same power of makmg a representation with respect to allotments, and of applying for the election of allot- ment managers, as is conferred on parliamentary electors by the Allotments Act, 1887 (50 & 51 Vict. c. 48), or the Allotments Act, 1890 (53 & 54 Vict. c. 65), but without prejudice to the powers of those electors (s. 6 (3) ). They have also the like power of petition- ing the County Council as is given to six parliamentary electors by section 2 of the Act of 1890 (s. 9 (17) ). The Parish Council may represent to the Rural District Council that the circumstances of the parish are such that it is the duty of the IV.] POWERS OF PARISH COUNCIL. 59 Rural District Council to take proceedings for acquiring land for allot- Representation / o -TT- r. \ T -r .1 -TN- • 7-^ •■, r •-, as to allotments. ments (50 & 51 Vict. c. 48, s. 2), and, if the District Council fail to acquire land adequate and suitable in quality and position to provide a sufficient number of allotments, the Parish Council may petition the County Council to put into force the Act of 1887 for the purpose of providing a sufficient number of allotments for the parish (53 & 54 Vict. c. 65, s. 2). Where the Rural District Council have provided allotments, the Parish Council may petition the District Council for the election of allotment managers (50 & 51 Vict. c. 48, s. 9), and the effect of the petition will be to give to the Parish Council the powers of allotment managers under the Act (Local Government Act, 1894 s. 6 (4) ), namely such powers as may be prescribed by the Council providing the allotments (50 & 51 Vict. c. 48, s. 6 (4) ). Where the County Council have provided allotments there will be no need for the Parish Council to petition the County Council for the election of allotment managers, as the allotments themselves are to be conveyed to the Parish Council,^ who will manage them (Local Government Act, 1894, s. 9 (14) ). A Parish Council have the same power of making any complaint or Representation representation as to unhealthy dwellings or obstructive buildings as is dwen"ngs!^ ^ conferred on inhabitant householders by the Housing of the Working Classes Act, 1890 (53 & 54 Vict., c. 70), but without prejudice to the powers of such householders (s. 6 (2) ). If the Parish Council complain in writing to the medical officer of health of the Rural District that any dwelling-house in or near a " street " (which includes any " court, alley, street, square, or row of houses,") is in a condition so dangerous or injurious to health as to be unfit for human habitation, it becomes the duty of the medical officer to forthwith inspect the house, and should he be of opinion that the house is in the condition complained of, to represent the case to the Rural District Council (53 & 54 Vict. c. 70, s. 31). When any dwelling-house appears to the Rural District Council to be in the state represented, they are required to forthwith take proceedings against the owner or occupier under the Act for closing the dwelling-house (s. 32). Notice has to be given by the District Council to the owner or occupier to execute the works necessary to put the premises in proper condition, and if he fails to do so it becomes the dutv of the Council to apply to the justices for a closing order. A building, though not in itself unfit for human habitation, maj- Obstructive be so situate that, by reason of its proximity to, or contact with other buildings, it causes one of the following effects, that is to say- - {a) It stops ventilation, or otherwise makes, or conduces to make such other building to be in a condition unfit for human habitation, or dangerous or injurious to health ; or ^ Sec page 1 12. 6o HADDEN'S local government act, 1894. [CHAP. Representation as to unhealthy dwellings or obstructive buildings. Report to County Council. I'ublic ofTices. Recreation grounds. Commons. (/^) It prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils com- plained of in respect of such other buildings. The Housing of the Working Classes Act, 1890, terms a building of this character " an obstructive building," and the effect of the Local Government Act will be to enable the Parish Council to represent to the Rural District Council the particulars concerning any obstructive building, and to state that in their opinion it is expedient that it should be pulled down. Upon receiving a representation the District Council must cause a report to be made to them respecting the cir- cumstances of the building and the cost of pulling it down, and acquiring the land. An obstructive building may be ordered to be pulled down, subject to compensation to the owner (s. 38). A^"here a complaint or representation is made respecting a dwelling- house unfit for human habitation, or respecting an obstructive build- ing, the Rural District Council are required to report the proceedings taken by them to the County Council, and if the County Council are of opinion that the District Council ought to institute proceedings for a closing order, or to make an order for pulling down, they may give not less than one month's notice to the District Council to proceed accordingly, and on the failure of the District Council to do so, the County Council may pass a resolution which thereupon vests in them the powers of the District Council in the matter, and the expenses of the County Council in exercising those powers become a debt due from the District Council (s. 45). Additional Powers of Parish Council. The following additional powers are conferred by section 8(1) of the Local Goveniment Act, 1894, on a Parish Council, namely, power — {a) to provide or acquire buildings for public offices and for meetings and for any purposes connected with parish business, or with the powers or duties of the Parish Council or Parish Meeting ; and {b) to provide or acquire land for such buildings and for a recreation ground and for public walks. These powers of providing buildings for public offices and meetings will, in practice, probably supersede the powers to provide a vestry room or parochial office^ transferred by section 6 [i] [c) from the overseers to the Parish Council, as the exercise of the latter powers are subject to greater restrictions. But the con- sent of a Parish Meeting will generally be necessary before the buildings to which section 8 refers can be provided, as such provision will usually involve a loan.- {c) to apply to the Board of Agriculture under section 9 of the Commons Act, 1876 (39 & 40 Vict. c. 56). This will enable the Parish Council to apply for information and directions as See page 52. See page 67. IV. POWERS OF PARISH COUNCIL. 6l Management of village greens, &c to the mode in which applications for the regulation and inclosure of commons under the Inclosure Acts, 1845 to 1882, are to be made to the Board of Agriculture with explanations respecting the law on the subject. The Board of Agriculture issue such information and directions.^ No express power to intervene in any way is conferred on the Parish Council in respect of the inclosure or regulation of com- mons, but a notice of any application to the Board of Agriculture in relation to a common is required to be served upon the Council of every Parish- in which any part of the common to which the application relates is situate (Local Government Act, 1894, s. 8 (4) ) (d) to exercise with respect to any recreation ground, village green, open space, or public walk, which is for the time being under their control, or to the expense of which they have contributed, such powers as may be exercised by an urban authority under section 164 of the Public Health Act, 1875 (3^ «^ 39 Vict. c. 55), or section 44 of the Public Health Acts Amendment Act, 1890 (53 & 54 Vict. c. 59), in relation to recreation grounds or public walks, and sections 183 to 186 of the Public Health Act, 1875, are to apply accordingly 'as if the Parish Council were a local authority within the meaning of those sections. The Parish Council will be enabled to lay out, plant, improve and improvement. maintain any such recreation ground, village green, open space, or public walk, and to support or contribute to its support. They will also have power to make byelaws for its regulation, and to provide by Byeiaws. such byelaws for the removal from the same by any officer of the council or constable of any person infringing any byelaw (38 & 39 Vict, c. 55, s. 164). A recreation ground, village green, open space, or public walk must not be closed on any Sunday or public holiday, but, subject to this, the Parish Council may on such days as they think fit (not exceeding twelve days in any one year, nor four consecutive days on any one occasion) close the same or any part thereof to the public, and may grant the use of the same, either gratuitously or for payment, to any public charity or institution, or for any agricultural, horticultu- ral, or other show, or anv other public purpose, or may use the same for any such show or puipose ; and the admission on the days when the same is so closed to the public, may be either with or without payment, as directed by the Parish Council, or, with the consent of the Council, by the society or persons to whom the use may be granted. The Parish Council may either themselves provide and let for hire, or may license any person to let for hire, any pleasure boats on any lake or piece of water in any such recreation ground, village green, or open space, and may make byelaws for regulating the numbering and naming of such boats, the number of persons to be carried therein, the boathouses and mooring places for the same, and for fixing rates of hire and the qualifications of boatmen, and for ^ These are reprinted at page 413 of the Appendix. - See the similar provision with respect to a district council, page 157. 62 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Recreation grounds, &c. Byelaws Model byelaws Securing their good and orderly conduct while in charge of any boat (53 "^^^ 54 Vict. c. 59, s. 44). The byelaws which the Parish Council may make, will be subject to the provisions of sections 183 to 186 of the Public Health Act, 1875. Such reasonable penalties may be imposed by the byelaws on offenders against the same as the Parish Council think fit, not exceed- ing the sum of five pounds for each offence, and in the case of a continuing offence, a further penalty not exceeding forty shillings for each day after written notice of the offence from the Parish Council ; but the byelaws must be so framed as to allow of the recovery of any sum less than the full amount of the penalty (38 & 39 Vict. c. 55, s. 183). Confirmation by the Local Government Board is necessary before the byelaws take effect ; and before they can be confirmed, two preliminary conditions must be satisfied; notice of intention to apply for confirmation must be given in one or more of the local newspapers, circulating within the parish to which the byelaws relate, one month, at least, before the making of the application ; and, for one month at least, before the application, a copy of the proposed bye- laws must be kept at the office of the Parish Council, and must be open during office hours to the inspection of the ratepayers without fee or reward. A ratepayer is entitled upon application, to be furnished with a copy of the proposed byelaws, or any part thereof, on payment of sixpence for every hundred words contained in the copy (s. 184). All byelaws must be printed after confirmation and hung up in the office of the Parish Council, and a copy is to be delivered to any ratepayer of the parish to which the byelaws relate, on his application for the same (s. 185). A copy of any byelaws, signed and certified by the clerk of the Parish Council to be a true copy, and to have been duly confirmed, will be evidence, until the contrary is proved, in all legal proceedings, of the due making, confirmation, and exist- ence of the byelaws without further or other proof (s. 186). If there is no clerk to the Parish Council, it would be necessary to produce the original confirmed bye-laws in any legal proceedings. Model byelaws with respect to pleasure grounds have been issued by the Local Government Board for the use of Sanitary Authorities desirous of making byelaws on that subject under the Public Health Act, 1875, and any Parish Council wishing to make byelaws for their recreation ground or other open space should communicate with that Board. In a circular letter to Sanitary Authorities, dated 25th July, 1877, the Local Government Board informed Sanitary Authorities that they had caused their model clauses to be printed on foolscap paper with an ample margin for annotation. Every Parish Council desirous of making byelaws will, on application to the Board, be supplied with the necessary draft forms. If, in any case, the model clauses require alteration to suit the special circumstances of a particular district, the IV.] POWERS OF PARISH COUNCIL. 63 Recreation grounds, &c. Byelaws. proposed variations should be clearly shown in manuscript in the margin of the draft. The Board will then be readily able to direct their attention to these variations, and to state their views upon any points which may arise. When the final revision of the draft has been completed, and the Parish Council have been informed of the decision of the Board with regard to the allowance or disallowance of the several clauses, a fair copy embodying the contents of the draft as revised, and carefully compared with the original to ensure the correction of possible errors, should be prepared for deposit at the office of the Parish Council, and for inspection by the ratepayers. After the necessary notice of the intention of the Parish Council to apply for confirmation of the byelaws, and after due consideration of any objections made by persons locally interested, the byelaws duly executed at a meeting of the Parish Council under the hands and seals of the chairman, presiding at the meeting, and two other members of the council, should be transmitted to the Board, together with copies of the newspapers containing the advertisement required by section 184. The management and regulation of recreation grounds, village greens, and other open spaces, has been treated at some length as it is a matter with which many parish councils will be called upon to deal, and the subject is often one of importance in village life, but there are other additional powers conferred in parish councils to be mentioned. The Parish Council are also empowered by section S(i)— (e) to utilise any well, sprmg, or stream within their parish and provide facilities for obtaining water therefrom, but so as not to interfere with the rights of any corporation or person. The scope of this provision is limited. Land for the purpose of a supply of water can only be acquired by agreement (s. 9 (15) ). (/) to deal with any pond, pool, open ditch, drain, or place con- ^'Llisancc.s taining, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any Local Authority. Nothing in these provisions is to derogate from any obligation of a District Council with respect to the supply of water or the execution of sanitary works (3.6(3)). (,^) to acquire by agreement any right of way, whether within their Right of way. parish or an adjoining parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof. This confers the power to acquire the easement, but, where necessary, land for the purpose of the provision may be acquired by agreement. It is expressly pro- vided by section 9(15), that land for the purpose of a right of way shall not be acquired compulsorily. Water supjjily. 64 HADDEN'S local government act, 1894. [CHAP. Gifts. (//) to accept and hold any gifts of property, real or personal, for the benefit of the inhabitants of the parish or any part thereof. Incidental work~. (/) to cxccute any works (including works of maintenance or improvement) incidental to or consequential on the exercise of any of the foregoing powers, or in relation to any parish property ' not being property relating to affairs of the church or held for an ecclesiastical charity. Contributions. (^') to Contribute towards the expense of doing any of the things above mentioned, or to agree or combine with any other Parish Council to do or contribute towards the expense of doing any of the things above mentioned. The power to make contributions is a wide one. It will enable the Parish Council to expend money in cases where the property dealt with is not necessarily held for parochial purposes. If Parish Councils combine in doing any of the things mentioned, they may concur in appointing a joint committee- to manage the business (s. 57 (i) ). Footpaths. A Parish Council may, subject to the provisions of the Act with respect to restrictions on expenditure, undertake the repair and main- tenance of all or any of the public footpaths within their parish, not being footpaths at the side of a public road, but neither this power nor its exercise is to relieve any other authority or person from any liability with respect to such repair or maintenance (s. 13 (2) ). A public footpath is a highway, and as a highway is repairable either by the highway authority or by the occupier of the adjoining land, ratioue temtrce (i.e., by reason of the tenure by which the owner holds the land), except in the case of a highway informally dedicated to the public since the passing of the Highway iVct, 1835, when it may be the duty of no one to repair and maintain the highway — Eyre v. Neiv Forest Highivay Board (56 J. P. 517). Where a parish maintains and repairs its own highways it ceases under the Act to do so from the appointed day, unless the County Council postpone for a period the operation of section 25 (i) which transfers the powers of existing highway authorities to the Rural District Council * Where a parish forms part of a Highway District the existing high- way authority is the Highway Board. In a parish not maintaining its own highways after the appointed day, the provision in section 13 (2) will empower the Parish Council to maintain and repair, at the cost of the parish, public footpaths, other than those at the side of public roads, notwithstanding that those footpaths are repairable either by the highway authority or by a person ratio7ie temtrce. But that authority or person is not to be relieved from any liability to repair or maintain such footpaths. The object of the provision is no doubt to enable the Parish Council to maintain in a more efficient state such footpaths as are specially serviceable to the parishioners, and it will ^ See page 53. - See page 137. - See page 147. IV. POWERS OF PARISH COUNCIL. 65 Stopping or diversion of public right of waj'. apply to a public footpath, although it has been informally dedicated Footpaths. to the public since the passing of the Highway Act, 1835 {see 5 & 6, Will. IV. c. 50, s. 23). The provision will practically override the decision in Eyre v. Netv Forest Highway Board, above cited, that a parish has no right to repair in such a case. As a rule, rural footpaths are not maintained or repaired at all, and, indeed, the con- ditions on which they are dedicated to the public may render it difficult for any works of maintenance or repair to be carried out unless some arrangement is made with the owner of the soil. An owner may have reserved the right to plough the land {Mercer v. IVoodgafe, L. R. 5 Q. B., 26; 39 L. J., M. C, 21 ; 21 L. T., 458), or otherwise deal with its surface. If the Parish Council undertake to repair and maintain any footpath, and in fact do so, no means are provided for enforcing the liability of any other authority to repair or maintain the footpath. The consent of the Parish Council and of the District Council will be required for the stopping, in whole or in part, or diversion, of a public right of way within a rural parish, and the consent of the Parish Council will be required for a declaration that a highway in a rural parish is unnecessary for public use and not repairable at the public expense. Public notice of a resolution of the Parish Council to give any such consent must be given by the Council,^ ^nd the resolution is not to operate — {a) unless it is confirmed by the Parish Council at a meeting held not less than two months after the public notice is given ; nor {b) if a Parish Meeting held before the confirmation resolve that the consent ought not to be given (s. 13 (i) ). The provisions of the Highway Act, 1835 (5 & 6 Will. IV., c. 50), as to the stopping or diversion of a public right of way could be set in motion by the vestry or by a private person desiring to stop the right of way. Those provisions are now subject to the modifications made by the Local Government Act. The powers of the vestry in the matter are transferred to the Parish Council, or, where there is no Parish Council, to the Parish Meeting. The person, or Parish ('ouncil, or Meeting desiring to stop or divert the way, are required to give notice to the District Council (or to the Surveyor of Highways or other highway authority where the transfer of highway powers under section 25 (i) of the Local Government Act, 1894, is postponed by the County Council). The consents of the Parish Council and of the I )istrict Council must then be given, and before the resolution of the Parish Council to give any such consent can operate the conditions prescribed by section 13 (i) must be observed. In a parish without a separate Parish Council the consent of the Parish Meeting will be substituted for that of the Parish Council (s. 19 (8) ). If the requisite ^ As to public notice by a Parish Council see page 34. 66 hadden's local government act, 1894. [chap. Stopping or Diver>ion of public rijjht of way. Highway unnecessary for public use. Default of District Council rt' Sewers, iic. Contracts for Sewerage or Water Supply. Inquiry by County Council n' lioundary. consents arc obtained, the District Council, Surveyor of Highways, or other highway authority then api)ly to two justices to view the way proposed to be stopped (5 & 6 Will. IV. c. 50, s. 84), and if the justices think the way unnecessary, or that it should be diverted, the justices direct the Council or surveyor or authority to fix notices at each end of the way, and insert the same notice for four successive weeks in a newspaper generally circulating in the county, and affix a like notice upon the church doors for four successive Sundays. A certificate stating that the highway should be diverted, or that it is unnecessary, together with, in the latter case, their reason for the opinion is given by the justices and enrolled at quarter sessions (s. 85). There is an appeal to quarter sessions by any person aggrieved by the justices' certificate (s. 88). Any Highway Authority may apply, under section 24 of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77), to the justices in petty sessions for an order declaring a highway unnecessary for public use, and that it ought not to be repaired at the public expense. Public notices are required to be given of the day fixed by the justices for hearing objections to the making of such an order. An appeal lies to quarter sessions against an order. Application may also be made to quarter sessions to revive, with respect to any highway so declared to be unnecessary for public use, the liability of the highway to be maintained at the public expense when, from any change of circumstances, the highway has become of public use. A Parish Council are empowered to complain to the County Council of the default of a Rural District Council in providing or maintaining sewers, or in providing a water supply, or in enforcing the Public Health Acts, or in maintaining and repairing any high- way^ (Local Government Act, 1894, s. 16), and to petition the County Council where a Rural District Council refuse to to take pro- ceedings on the representation of the Parish Council that a public right of way has been unlawfully stopped or obstructed, or a roadside waste has been unlawfully encroached upon " (s. 26 (4)). They are entitled to notice from the Rural District Council before that Council enter upon any contract for the sewerage or water supply of the parish •' (s. 16 (3)). They have the right to appear at any inquiry held by a County Council with reference to an order for the alteration of the boundary of the parish or the division of the parish, or for the union of the parish, or part thereof with another parish, and may petition the Local Government Board against the confirmation of the order'* (s-36(7))- ■^ See page 155. - See page 158. ^ See page 146. •* Se^ page 192. "IV.] POWERS OF PARISH COUNCIL. 67 A Rural District Council may delegate to a Parish Council any Powers or power which may be delegated to a parochial committee under the committee. Public Health Acts, and those Acts are to apply as if the Parish Council were a parochial committee, and where the District Council appoint a parochial committee consisting partly of members of the District Council and partly of other persons, those other persons must, where there is a Parish Council, be, or be selected from, the members of the Parish Council (s. 15). Constitution of Parochial Committee. Limits of Powers of A parochial committee may be formed, under section 203 of the Public Health Act, 1875, t)y a Rural District Council for any • contributory place within their district, that is, for any parish or part of a parish not comprised in a special drainage district, or for any •special drainage district. The committee may consist wholly of ■district councillors, but where the committee appointed consists partly of members of the District Council and partly of other persons, the latter must, where there is a Parish Council, be, or be selected from, the members of the Parish Council. A parochial committee is subject to any regulations and restrictions imposed by the District Council. No jurisdiction is to parochiaT be given to the committee beyond the limits of the contributory Committee place for which it is formed, nor may any powers be delegated to the committee, except powers which are exerciseable within the con- tributory place by the District Council, It is to be deemed to be the agent of the District Council, and its appointment is not to relieve the Council from any statutory or other obligation. The 1 )istrict Council may empower the committee to incur expenses not ■exceeding a prescribed amount. The parochial committee must report its expenditure to the Rural District Council as and when ■directed by them, and the amount so reported, if legally incurred, must be discharged by the Council (38 & 39 Vict. c. 55, s. 202). The delegation to a Parish Council of any powers which may be ■delegated to a Parochial Committee referred to in section 15, may apparently take place, although the parish for which the Parish Council is elected, forms part of a Special Drainage District. The Parish Council, acting as a parochial committee by delegation will, unless the District Council otherwise direct, have the services 01 the clerk of the District Council (s. 17 (5) ). Borrowing Powers. A Parish Council are prohibited, without the consent of a Parish Consents. Meeting and the approval of the County Council, from incurring any expense or liability which will involve a loan (s. 11). The Parish Council may, with the consent of the County Council li 2 68 HADDEN'S local government act, 1894. [CHAP. and the Local Government Board, borrow for any of the following purposes, namely : — (a) for purchasing any land, or building any buildings, which the Parish Council are authorised to purchase or build ; and {/') for any purpose for which the Council are authorised to borrow under any of the Adoptive Acts ; and (r) for any permanent work or other thing which the Council are authorised to execute or do, and the cost of which ought, in the opinion of the County Council and the Local Government Board, to be spread over a term of years (s. 12 (i) ). So far as borrowing by a Parish Council for the purposes of any of the Adoptive Acts is concerned, the borrowing must be under the provisions of the Local Government Act, 1894, although the incidence of the charge will ultimately be on the rate applicable to- the purposes of the particular adoptive Act (s. 12 (3)). The power to borrow is not necessarily restricted to the purpose mentioned in paragraph (l>). If any purpose not authorised by an Adoptive Act as a purpose for borrowing can be shown to come within the terms of paragraphs (a) and (c), the Parish Council, subject to the provisions of the Local Government Act, would be emjDowered to borrow for that purpose. A Parish Council are also empowered to borrow in order to meet the payment of any capital sum required of them for the purpose of adjust- ment of property and liabilities ^ (s. 68 (4) ) as, for instance, where a group under a common Parish Council is dissolved (s. 38 (5) ). No- consent is necessary for such a borrowing by the Parish Council. The borrowing by a Parish Council must be in like manner, and subject to the like conditions, as a local authority may borrow for defraying expenses incurred in the execution of the Public Health Acts, and sections 233, 234, and 236 to 239 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), are to apply accordingly, except that the money is to be borrowed on the security of the poor rate and of the whole or part of the revenues of the Parish Council, and except that the limit of the sum to be borrowed is one half of the assessable value instead of the assessable value for two years (s. 12 (i) ). The sections of the Public Health Act, 1875, referred to are printed at pages 321 and 322 of the Appendix. The Hmit of a sum borrowed by a Parish Council must not at any time exceed, with the balance of all their outstanding loans, in the whole, one-half the assessable value of the parish calculated at the date of the borrowing. The money may be borrowed for such time not exceeding 60 years, as the Parish Council, with the sanction of the Local Government Board, determine in each case. Repayment may be made either by equal annual instalments of principal, or of ^ St:e page iSo. IV.] POWERS OF PARISH COUNCIL. 69 principal and interest, or by means of a sinking fund (38 & 39 Borrowins,' Vict. c. 55, s. 234). A register of mortgages on the poor rate ""i!!!! (s. 237), and a register of the transfers of mortgage must be kept at ?/^'^''^''e°*^and the ot^ce of the Parish Council by the clerk (s. 238). The annual Transfers, charge, whether of principal or interest, in respect of any loan of a Parish Council will, for the purpose of the limitation of the rate for their expenses, be included as part of those expenses (Local Government Act, 1894, s. 11 (3) ). A County Council may lend to a Parish Council any money which Loans from the Parish Council are authorised to borrow, and may, if necessary, County Council, without the sanction of the Local Government Board, and irrespec- tively of any limit of borrowing, raise the money by loan, subject to the like conditions and in the like manner as any other loan for the ■execution of their duties, and subject to any further conditions which the Local Government Board may by general or special order impose (s. 12 (2)). The manner in which County Councils may borrow is provided for by section 69 of the Local Government Act, 1888 (51 & 52 Vict, c. 41). Expenses. Without the consent of a Parish Meeting, the Parish Council ■cannot incur expenses or liabilities which will involve a rate exceeding threepence in the pound for any local financial year ; and the sum raised by the Council in any local financial year for their expenses, must not, in any case, exceed a sum equal to a rate of sixpence in the pound on the rateable value of the parish at the commencement of the year. Any annual charge, whether of principal or interest, in respect of any loan is to be included among expenses for the purpose of the limitation of the rate to sixpence in the pound, but expenses under the Adoptive Acts, whether in respect of a loan or otherwise, and highway expenses, where in pursuance of an order of the County Council the highways continue after the appointed day to be maintained by the parish,^ are not to be included for the purpose (ss. 11 (i) (3), 82 (2) ). The local financial year begins on the ist day of April (Local Government Act, 1888, s. 73 ; Local Government Act, 1894, ss. 58 (0,75 (!))• The expenses of a Parish Council and of a Parish Meeting, including the expenses of any poll, are payable out of the poor rate ; and, where there is a Parish Council, that Council are to pay the expenses of the Parish Meeting. For the purpose of obtaining pay- ment of such expenses, the Parish Council, and, where there is no Parish Council, the chairman of the Parish Meeting, have the same Limitation of rate. Mode of defraying expenses. ^ See page J 47. 70 IIADDEN's local government act, 1894. [CHAP- Expenses. Contribution Orders. iJemand nole for rate. powers as a Board of (iuardians possess for the purpose of obtaining contributions to their common fund (s. 1 1 (4) ). The overseers are required under this provision to pay to the Parish Council or chairman of the Parish Meeting, from time to time, out of the poor rates made and collected by them, such sums as they may require, and in such proportions as they may direct. A contri- bution order in arrear is enforceable by a distress warrant of justices against any one of the overseers upon whom a copy of the order has . been served (2 &3 ^'ict. c. 84, s. i ; 12 & 13 Vict. c. 103, s. 7 ; 14 & 15 Vict. c. 105, s. 9). It should order and direct the payment of a specified sum to a named person on a certain day. In the case of a Parish Council, the order should direct payment to the treasurer (if any). The order may direct the contribution to be paid either in one sum or by instalments, on days to be specified in the order. The demand note for any rate levied by the overseers for defraying the expenses of a Parish Council or a Parish Meeting, together with other expenses, must state in the form prescribed by the Local Government Board, the proportion of the rate levied for the expenses of the Council or Meeting, and the proportion (if any) levied for the- purpose of any of the adoptive Acts (s. 11 (5) ). In the case of one Adoptive Act, namely the Public Libraries Act^ 1892, it will be necessary where the Act is in force in a rural parish to- distinguish separately on the demand note the proportion of the rate (if any) raised for the purpose of that particular adoptive Act.^ Registers of Baptisms, Marriages, Burials, &c. Custody of Parish Books and Documexts. The custody of the registers of baptisms, marriages, and burials^ and of all other books and documents containing entries wholly or partly relating to the affairs of the church or to ecclesiastical charities,, except documents directed by law to be kept with the public books^ writings, and papers of the parish, is to remain as provided by the existing law unaffected by the Local Government Act. All other public books, writings, and papers of the parish, and all documents directed by law to be kept therewith, are either to remain in their existing custody, or to be deposited in such custody as the Parish Council may direct. The incumbent and churchwardens on the one part, and the Parish Council on the other, are to have reasonable access to all such books, documents, writings, and papers, and any difference as to custody or access is to be determined by the County Council (s. 17 (8) ). Section i of the 52 Geo. III. c. 136, requires registers of baptisms, and burials solemnised according to the rites of the established ' See page 103. IV.] POWERS OF PARISH COUNCIL. 71 church to be made and kept by the rector or officiatins; minister of Registers of . , ^ 111 1 • r 1 • 1 Baptisms and every parish, or 01 any chapelry where the ceremonies 01 baptism and Burials. burial may be lawfully performed, in books provided at the expense of the parishes or chapelries. These books, and all register books {previously in use, are to be deemed to belong to every such parish and chapelry, and to be kept by and remain in the power and custody of the officiating minister, and be by him safely and securely kept in a dry well-painted iron chest, to be provided and repaired, as occasion iron chest. may require, at the expense of the parish or chapelry. This chest is to be constantly kept locked in some dry, safe, and secure place within the usual place of residence of the officiating minister, if resident, within the parish or chapelry, or in the parish church or chapel, and the books are not to be taken from the chest except for the purpose of making entries therein, or for the inspection of persons desirous to make search therein, or to obtain copies of entries in the same, or to be produced as evidence in some court of law, or to be inspected as to their condition, or for some of the purposes of the Act (s. 5). A copy of every duplicate register book of marriages is to be kept by Marriage the rector, vicar or curate, with the registers of baptisms and burials Registers. for the parish or chapelry within which the baptism or burial has been ^solemnised [Births and Deaths Registration Act, 1836 (6 & 7 Will. IV. c. 86) s. 33]. Vestry books, accounts, and vouchers of parish officers, certificates. Place of deposit orders of court and of justices, and other parish books, documents, dgj'umen'ts^' writings, and public papers of every parish, except the registers of marriages, baptisms, and burials, are required to be kept by such person, and deposited in such place and manner as the Parish Council direct [Vestries Act, 1818 (58 Cieo. III. c. 69) s. 6]. One copy of every confirmed instrument of apportionment of tithes Tithe apponion- is to be deposited with the incumbent, and church or chapel wardens "^'^"'' of the parish, or such other fit person as the Commissioners or their successors approve, to be kept by them "with the public books, writings and papers of the parish " [Tithe Act, 1836 (6 & 7 Will. IV. c. 71), s. 64]. Power is given to quarter sessions, on the application of persons interested, for the deposit of the copy of the instrument of a[)portion- ment in some more convenient or secure custody or place, to order it to be deposited with such other persons, or in such other custody, as the court think fit [Tithe Act, 1846 (9 & 10 Vict. c. 73) s. 17]. A copy of every Inclosure award, under the Inclosure Act, 1845, is inciosure awards to be deposited with the church or chapel wardens of the parish, to be kept by them with the public books, writings and papers of the parish or is to be deposited with such other fit persons as the Commissionerr approve [Inclosure Act, 1845 (8 & 9 Vict. c. 118), s. 146]. The HADDEN'S local government act, 1894. [CHAI'. Custody of Board of ALrriculture now exercise the powers of the Tithe and )>arish books and r 1 t 1 • • documents. oi the Iiiclosure Commissioners. The general effect of the provision in the Local Government Act, 1894, as to the custody of books and documents is, that the registers of baptisms, marriages and burials, and all books and documents wholly or partly relating to the affairs of the church or to ecclesiastical charities, except tithe apportionments or other documents specially directed by law to be kept with the public books, writings and papers of the parish, will remain in their existing custody, which generally is the custody of the incumbent. All other public books, writings and papers of the parish, and all documents directed by law to be kept therewith, will also remain in their existing custody, unless the Parish Council direct that they shall be deposited in other custody. The ecclesiastical authorities, namely the incumbent and church- wardens, and the civil authorities, namely the Parish Council, will respectively have the right to reasonable access to the books and documents in the custody of the other. The County Council will determine any difference arising as to the custody or access to such books and documents. Where a parish is divided by the Act, the County Council may by order provide for the application to different parts of that parish of the provisions for the custody of parish documents (s. 36 (3) ). The order is by section 36 (10) to be deemed to be an order under section 57 of the Local Government Act, 1888.^ All documents required by statute or by standing orders o ])arliament to be deposited with the parish clerk of a rural parish are, after the election of a Parish Council, to be deposited with the clerk, or, if there is none, with the chairman of the Parish Council, and the enactments with respect to the inspection of, and taking copies of, and extracts from, any such documents will apply as if the clerk, or chairman, as the case may be, were mentioned therein (^- 17 (7))- A company constructing a railway are not to proceed in the execution of the railway (8 & 9 Vict. c. 20, ss. 8, 9), and a company constructing waterworks are not to begin to execute the waterworks (10 & II Vict. c. 17, ss. 8, 9), unless they have previously deposited a plan and section of all alterations from the original plan and section approved by parliament with the parish clerk of every parish affected by the alterations. The standing orders of both Houses of Parliament relative to private Piills require copies of plans and sections (and of so much of the Book of Reference thereto as relates to a parish) of all proposed works which involve the taking of property, to be deposited for public inspection with the parish clerk of the parish affected. It will now be the duty of the clerk or chairman of the Access to parish books. Parish divided by the .Vet. Documents deposited with parish clerk of rural parish. Plans of railways and waterworks. ^ See page 192. IV.] POWERS OF PARISH COUNCIL. 1Z Supervision by County Council. Parish Council in a parish with a Parish Council to receive and to d"cume^« retain the custody of all such documents (7 Will. IV. & i Vict. c. 83, — s. i), and to permit them to be inspected and copied on payment of inspection. ii fee of one shilling for the first hour, and one shilling for every subsequent hour, and sixpence for every hundred words copied by the person inspecting (s. 2). Every County Council are directed from time to time to inquire into the manner in which the public books, writings, papers, and documents under the control of the Parish Council or Parish Meeting are kept with a view to the proper preservation thereof, and are required to make such orders as they think necessary for such preservation. Their orders must be complied with by the Parish Council or Parish Meeting (s. 17 (9) ). The previous subsections of section 1 7 concerning parish books and documents relate to a Parish Council, but this provision applies to books and documents under the control of the Parish Meeting as well as of the Parish Council. So far as a Parish Meeting are ■concerned, the books and documents under their control will be such as relate to their own proceedings and business. An order of the County Council relating to the custody of parish documents does not require confirmation by the Local Government pjoard (s. 40). Every parochial elector of a rural parish may, at all reasonable inspection of times, without payment, inspect and take copies of and extracts from documents, all books, accounts, and documents belonging to or under the control •of the Parish Council of the parish or Parish Meeting (s. 58 {4)). PAROCHIAL CHARITIES. In connection with the control of the Parish Council over parochial property, it has been shown that the trustees of certain classes of property held for the benefit of the inhabitants of a rural ])arish may transfer the same to the Parish Council or their appointees ^ and it now remains to explain the further provisions of the Local Gov- <;rnment Act, 1894, with respect to parochial charities. Nothing in the Act is to affect the trusteeship, management, or Saving for control of any elementary school " (s. 66), and therefore the following sl-hoofj'"^'^^ observations will not apply to any charity of which the object is an ) for the benefit of any spiritual person or ecclesiastical officer as- such ; or (c) for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination ; or {d) for the maintenance, repair, or improvement of any sucli building as aforesaid, or for the maintenance of divine service therein ; or (e) otherwise for the benefit of any particular church or denomina tion, or of any members thereof as such. It also includes any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the passing of the Act, namely, 5th March, 1894, mainly by or at the cost of members of any particular church or denomination (s. 75 (2) ). This definition is not exhaustive. It only states w^hat the expression " ecclesiastical charity " includes. There may be ecclesiast- ical charities not covered by the enumerated purposes, but it is difficult to call to mind any such charities that would not be explicit!}' covered by the definition. Where any endowment of a charity, other than a building held for any of the purposes mentioned in the definition of ecclesiastical charity, is held in part only for some of such purposes, the charity, so far as that endowment is concerned, is to be an ecclesiastical charity ;, and the Charity Commissioners are required, on application by any person interested, to make such provision for the apportionment and management of that endowment as seems to them necessary or expedient for giving effect to the Act (s. 75 (2) ). Under the expression " trustees " are included persons administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used.' See page 54. IV.] POWERS OF PARISH COUNCIL. 75 Where overseers of a rural parish as such are, either alone or Parochial ..... , ^ ^ ' . , , . , Chanties. jomtly with any other persons, trustees oi any parochial chanty, such — number of the councillors of the parish or other persons, not t^u^tee"' "^"^ ° ;^ common law to meet in the vestry room attached to a church, and Mee'ti'ng°L meci in church or ' v.;stry room. ^ See page 69. 82 hadden's local government act, 1894. [chap. Place of Meeting Vestry room of a church. Meetings not to be held on licensed premises even in the sacred edifice itself where there was no vestry room, or where it was insufficiently large for the meeting. But in parishes where certain Acts were in force this common law right was subject to exceptions. Where the vestry was elected under the Vestries' Act, 1 83 1 (i & 2 Will. IV., c. 60), it was directed that if the vestry room was not sufficiently large and commodious, the vestry meeting should be held elsewhere within the parish, but not in the church or chapel (s. 29). In a parish where an order under the Vestries' Act, 1850, (13 & 14 Vict., c. 57), had been made^ after the expiration of twelve months from the making and publishing of the order, no meeting of the vestry was to be held in the church or chapel, nor, except in case of urgency and with the previous approval of the Local Government Board, in the vestry room attached to the church or chapel (s. 2). These Acts are rarely in force in rural parishes, and consequently the vestry in those parishes generally have the old common law right of meeting in the vestry room or church. Whether that right is trans- ferred to the Parish Council or Parish Meeting is a matter of import- ance to many parishes. The general " powers " of the vestry are transferred by section 6 (i) of the Local Government Act, 1894, to the Parish Council of a parish having a separate Parish Council, and by section 19 (4) of the Act to the Parish Meeting of a parish not having a separate Parish Council. Under the term " powers " are expressly included " rights, jurisdiction, capacities, privileges, and immunities " by section 100 of the Local Government Act, 1888, which is made applicable to the Local Government Act, 1894, by section 75 (i) of the new Act. There seems no reason to doubt that among the rights and privileges of the vestry which are transferred to the Parish Council or Parish Meeting, as the case may be, is the right or privilege of meeting in the vestry or church. In a parish having a separate Parish Council, it will be that council and not the Parish Meeting who will have the right or privilege of using the vestry or church for their meetings ; but in a parish not having a separate Parish Council, the right or privilege will, subject to the pro- visions of any grouping order, belong to the Parish Meeting. No Parish Meeting or meeting of a Parish Council is to be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such meeting, either free of charge or at a reasonable cost (s. 61). In many rural parishes the only available room for parochial and other public business forms part of licensed premises. Where that is so, or where any other suitable room cannot be obtained except at an unreasonable cost, the prohibition in the section will not apply. ^ See page 52. IV.] POWERS OF PARISH COUNCIL. 83 The important subjects of the powers of the Parish Council under '^'Joptive Acts, the adoptive Acts, and the acquisition of land by the Parish Council Acquisition of for the purpose of their duties, are separately treated in the two '''""'• following chapters. CHAPTER V. The Adoptive Acts — General Provisions as to Adop- tion and ExcciLtion — Transfer of Powers under — Provisions of respect rve Acts. Definition. The title of " the Adoptivc .Vcts " is given by section 7 of the Local Government Act, 1894, to the following Acts, inclusive of any Acts amending the same, namely, — (a.) The Lighting and Watching Act, 1833; \b.) The Baths and Washhouses Acts, 1846 to 1882- {c.) The Burial Acts, 1852 to 1885 ; (V.) The Public Improvements Act, i860; \e.) The Public Libraries Act, 1892. The observations in this chapter almost exclusively relate to rural parishes, as the Act does not generally alter the mode of adoption or the execution of the adoptive Acts in urban districts. But certain provisions enable an urban district council to transfer to themselves the powers of any authority executing the Acts within their district, and direct that, after the appointed day, the approval of the urban district council must be obtained to the adoption of an Act for part of the district. General Provisions of the Local Government Act, 1894. .\doption by xhe adoptive Acts come into force only where adopted, and, as p.ansh meet.ng ^^^^ ^^_^ appointed day, the power of adopting any of them in a rural parish belongs exclusively to the parish meeting (s. 7 (i) ). Not less than fourteen days' notice of the Parish Meeting, at which it is proposed to adopt any of the adoptive Acts, must be given (Schedule i, Part i, r. 3). An Act is adopted by means of a resolu- tion passed l)y the requisite majority at the Parish Meeting.^ Some of the adoptive Acts can be adopted not only for a parish but for a part of a parish, and where that is the case, the Act may be adopted by a Parish Meeting held for that part (s. 7 (4) ). In dealing with the subject of Parish Meetings, allusion has been made to the provisions relating to the holding of parish meetings for part of a rural parish." ^ See Chapter II. as to proceedings of Parish Meetings. 2 See page 20. Notice of Meeting and mode ol adoption. THE ADOPTIVE ACTS. 85 The powers conferred on the Parish Meeting in relation to the General adoptive Acts are not confined to determining whether any of these p''o^^"s- Acts shall be put in force in the parish, for, although, as will be paJ^^^'i^iJeiini shortly shown, the execution of the Acts will usually be entrusted to other hands, the Parish Meeting will be able to control to a considerable extent the amount of the rates and expenditure under the Acts. Where it is provided by an adoptive Act that a particular majority of the Vestry or other voters should agree to the adoption or abandonment of the Act, or as to other matters, the like majority of the Parish Meeting, or, if a poll is taken, of the parochial electors, will be required, and where the opinion of the voters under any Act was to be ascertained by voting papers, the opinion of the parochial electors is to be ascertained by a poll taken in manner provided by the Local Government Act, 1894 (s. 7 (2)), i.e., as prescribed by Rules to be framed by the Local Government Board under section 48 (8), to which reference is made in dealing with elections under the Act.^ Any one parochial elector is entitled to demand a poll in the case of a resolution submitted to a parish meeting for the adoption of any of the adoptive Acts (Schedule i, Part i, r. 7). Where, under any of the adoptive Acts, the consent or approval of, or other act on the part of the vestry or meeting of ratepayers or voters of a rural parish, was required in relation to any expense or rate, the consent or approval or other act devolves, under the Local Government Act, 1894, on the Parish Meeting in the place of the vestry or meeting of inhabitants or voters (s. 7 (3) ). In some instances under the Acts, the Parish Meeting will be required to determine the amount of the rate. When any of the adoptive Acts is adopted for the whole or part of Authority for . ■!■ ^ J- J- ^ execution ot a rural parish after the appointed day, and the parish has a Parish the Acts. Council, the Parish Council will be the authority for the execution of the Act (s. 7 (7) ) ; but in parishes without a Parish Council," the Commissioners or other body required to be appointed by the particular adoptive Act will be the authority for its execution, unless, on the application of the Parish Meeting, the County Council confer on that meeting the power of a Parish Council to execute the Act. Where such a power is conferred on the Parish Meeting, they can appoint a committee of their own number to exercise that power. The acts of the committee must be submitted to the Parish Meeting for their approval (s. 19 (3) (10)). ^ See pages 221 and 235. " The parishes without a Parish Council, in which any of the adoptive Acts will be in force, are not likely to he very numerous. From a reply given by the President of the Local Government Board to a c[uestion asked in the House of Commons on the 7th of December, 1S93, it appeared that in very few parishes with a population of less than 200 were any of the adoptive Acts then in force. 86 HADDEN'S local government act, 1894. [CHAF- General provisions. Authority for the execution of the Acts. Transfer of powers to Parish Council where Act is in force in part of parish. Transfer of powers to joint committee where Act is in force in area com- prising more than one parish. Urhan parislies. Transfer of powers to urban district council and adoption of Acts in district. The Parish Council, on coming into office, will also, as a matter of course, be the authority for the execution of an adoptive Act in those cases where the area under any existing commissioners or other authority is co-c.xtensive with the parish, and all the powers, duties, and liabilities of that authority will be transferred to the Parish Council (s. 7 (5) ). But in cases where the area is not co-extensive with the parish, other provisions will, according to circumstances, take effect after the appointed day. Where any adoptive Act is in force in a part only of a rural parish, the existing authority under the Act, or the Parish Meeting for that part, may transfer the powers, duties, and liabilities of the authority to the Parish Council. The transfer may be made, subject to any conditions with respect to the execution of the Act, by means of a committee, as to the authority or Parish Meeting seems fit, and any such conditions may be altered by the Parish Meeting (s. 53) (i) ). It will be observed that it is not obligatory that the transfer should be made, and that either the existing authority or the Parish Meeting may make the transfer and lay down the conditions for the execution of the Act by a committee of the Parish Council. On the transfer taking effect, the existing authority will cease to exist, and any subsequent alteration of the conditions would have to be made by the Parish Meeting. Where the area under the existing authority is not comprised within one rural parish, the powers and duties of the authority will be transferred to the Parish Councils of the rural parishes wholly or partly comprised in that area, or, if the area is partly comprised in an urban district, to those Parish Councils and the District Council of the urban district. Until other provision is made in pursuance of the Act, the transferred powers are to be exercised by a joint committee appointed by those Councils.^ Where any such rural parish has not a Parish Council, the Parish Meeting will appoint members of such joint committee (s. 53 (2)). This provision, unlike that relating to the case of an adoptive Act being in force in part only of a rural parish, is imperative, and the transfer must take place. So far, the provisions mentioned relate, except where otherwise indicated, to rural parishes ; but the Act also contains provisions affecting the adoption and execution of the adoptive Acts in urban parishes which ma)- conveniently be referred to here. Where there is in any urban district, or part of an urban district, any authority constituted under any of the adoptive Acts, the Council of that district may resolve that the powers, duties, property, debts, and liabilities of that authority shall be transferred to the Council as from the date specified in the resolution, and upon that date the ^ As to joint committee, see page 137. v.] THE ADOPTIVE ACTS. 87 same will be transferred accordingly, and the authority will cease to exist, and the Council will be the successors of that authority. After the appointed day it will not be possible to adopt an Act for any part of an urban district without the approval of the Council of that district (s. 62). These provisions of section 62 have application to the Burial Acts and the Public Improvements Act, i860, only, as in an urban district the other adoptive Acts must, without exception, be adopted and executed by the urban authority exclusively. The property, debts, and liabilities of any authority under any of the adoptive Acts, whose powers are transferred in pursuance of the Act, will continue to be the property, debts, and liabilities of the area of that authority, and the proceeds of the property must be credited, and the debts and liabilities and the expenses incurred in respect of the said powers, duties, and liabilities, be charged to the account of the rates or contributions levied in that area, and where that area is situate in more than one parish the sums credited to and paid by each parish must be apportioned accordingly (s. 53 (3) ). The apportionment may be made by agreement of the Parish Councils or other authorities interested, and in default of agreement, by arbitration under the Arbitration Act, 1889, (Local Government Act, 1894, s. 68). It will be the duty of every authority whose powers are transferred to liquidate, as far as practicable before the appointed day, all current debts and liabilities incurred by the authority (s. 86 (2) ). The officers of any authority under the adoptive Acts, whose powers are transferred to the Parish or District Council, will become the officers of that council, and hold their offices by the same tenure and upon the same terms and conditions as before, and, while performing the same duties, will receive not less salary or remunera- tion than before. They will be entided to compensation for any loss of emoluments^ (s. 81). Any byelaws or regulations of any authority in force at the time of the transfer will continue in force as if made by the Council to whom the powers are transferred, and may be revoked or altered accordingly (s. 87). So far as rural parishes are concerned, a means of avoiding the stereotyping under all circumstances of existing areas under the adoptive Acts is provided by the Local Government Act, 1894, for on the application of a Parish Council, the County Council may, by order, alter the boundaries of any such area if they consider that the alteration can properly be made without any undue alteration of the incidence of liability to rates and contributions, or of the right to property belonging to the area, regard being had to any corresponding advantage to persons subject to the liability or entitled to the right (s. 53 (4) ). General provisions. Property of superseded authorities. Liquidation of liabilities by superseded authorities. Transfer of officers of superseded authorities. Byelaws. Alteration of boundaries. 1 See pages 183 to 185 as to cxi.sting officers. 88 HADDEN'S local government act, 1894. [CHAP. General Provisions Incidence of rates. Limitation of rates. Form of dem and note. Borrowing. Compulsory acquisition of Audit of accounts. Construction of enactments. The Local Government Act will not otherwise alter the incidence of charge of any rate levied to defray expenses under any of the adoptive Acts, and rates will continue to be made and charged as before, and property applicable to the payment of such expenses will continue to be so applicable (s. 7 (6) ). Expenses under the adoptive Acts will not be reckoned as expenses of the Parish Council for the purpose of the limitation of the rate to si.xpence in the pound under section 11 (3), but where there is no Parish Council, these expenses will be included as expenses of the Parish Meeting for the purpose of the similar limitation under section 19 (9) of the rate levied for defraying the expenses of that Meeting. The limitations on rates laid down by some of the adoptive Acts are referred to under the respective x\cts. The demand note for any rate levied for defraying the expenses of a Parish Council or Parish Meeting must state in the prescribed form the proportion (if any) of the rate levied for the purpose of any of the adoptive Acts (s. 11 (5)). A Parish Council who borrow for the purposes of any of the adoptive Acts must do so in accordance with the Local Government Act, but the charge for the purpose of any of the adoptive Acts will ultimately be on the rate applicable to the purposes of that Act (s. 12 (3)). As pointed out in Chapter IV, the power of a Parish Council to borrow for the purposes of the adoptive Acts may be wider under the new Act than it would have been under the adoptive Acts.i A Parish Council executing the Acts can acquire land compulsorily under the Local Government Act, 1894, for the purposes of those Acts.^ Where the Acts authorised the purchase of land it was by agreement only. Another effect brought about by the Parish Council executing the Acts is that the accounts thereby become subject to audit by the district auditor.^ With the exception of accounts of Public Library Commissioners the accounts of authorities are not, under the adoptive Acts, subject to government audit. The general provision in section 52 (5) of the Local Government Act, 1894, directing that all enactments in any Act, whether general or local and personal, relating to any powers, duties, or liabilities transferred by the Act to a Parish Council or Parish Meeting from the vestry, or overseers, or churchwardens and overseers, are, subject to the provisions of the Act, and, so far as circumstances admit, to be construed as if any reference therein to the vestry, or to the overseers, or to the churchwardens and overseers, referred to the Parish Council or Parish Meeting as the case requires, and the enactments are to be construed with such modifications as may be necessary for carrying the Act into effect, has application to the construction of the adoptive Acts. See page 68. " See page 104. See page 174. v.] THE ADOPTIVE ACTS. 89 Provisions of and Procedure under the respective adoptive Acts, as modified by the Local Government Act, 1894. In the following exposition of the provisions of the adoptive Acts the details of the provisions are dealt with at such length as to indicate the machinery of their adoption and execution, and the main objects which their adoption is intended to secure. The Lighting and Watching Act, 1833. (3 & 4 Will. IV. c. 90). This Act may be adopted by a majority of two-thirds of the votes Adoption. of the parochial electors of any parish at a Parish Meeting or a poll consequent thereon (s. 8). Its provisions may be adopted as to lighting or as to watching, or as to lighting and watching, as may be deemed expedient (s. 71), and it may be adopted for a part only of a parish by a Parish Meeting held for that part (s. 73). If the Parish Meeting convened to adopt the Act do not determine iniervai between to adopt it, one year must elapse before the question of the adoption ado^pt?^* " of the Act can be again submitted to the Parish Meeting (s. 16). If the Act is adopted for a rural parish without a Parish Council, the Election of Parish Meeting must forthwith determine that a certain number of '"here'no^ inspectors, not being more than twelve nor less than three, shall be Parish Council, elected to carry the purposes of the Act into effect (s. 8). The inspectors must be resident ratepayers, assessed to the poor Qualification, rate on an annual value of ;^i5 (s. 17). One-third of their number go of inspectors. '' out of office annually, and their places are filled at the annual parish meeting for the purposes of the Act. The outgoing inspectors are eligible for re-election (s. 19). Casual vacancies must be filled imme- diately when the number of inspectors is reduced to less than three (s. 21). The in.spectors must meet on the first Monday in every month at noon at some convenient place or office, previously publicly notified (s. 22). One- third of the body form a quorum, except in the case where only three inspectors have been appointed, when the quorum is two (s. 23). The inspectors elected by two or more adjoining parishes may unite ^cr'^inTn"'^^ ^""^ for the better carrying into effect the purposes of the Act (s. 61). In parishes may a parish with a Parish Council, this and other provisions of the Act """^'^' would, after the adoption of the Act, be carried into execution by that Council. The inspectors or Parish Council, as the case may be, may provide f'^^ engines, and keep up fire engines, with pipes and other utensils proper for the same, and may provide proper places for keeping the same, and may place such engines under the care of some proper person or persons. 90 HADDEN'S LOCAL GOVERNMENT ACT, 1894. [CHAP- Lighting and Watching Act. Lighting. Watching. Acquisition of land. Appointment of Officers. Annual meeting and make him or them such allowance for his or their trouble as may be thought reasonable (s. 44). They may contract with any person or company for lighting the streets, roads, and other places either with electricity, gas, oil, or with any other material, or in any other manner, or for furnishing lamps, lamp irons, lamp posts, watchboxes, posts, chains, pales, rails, and other necessary things. The provisions of sections 39 to 43 of the Act authorising the appointment of watchmen and determining their duties are now practically obsolete. Watchmen under the Act are superseded where a county police are established. Land and buildings may be purchased or rented for the purposes of the Act (s. 59), but the Act confers no compulsory powers of acquisi- tion. A Parish Council executing the Act would be able to purchase land compulsorily under section 9 of the Local Government Act, 1894.^ The inspectors or Parish Council may appoint and pay a treasurer and other officers, and hire and rent offices (s. 24). The treasurer must give security to their satisfaction (s. 25). The Act requires the inspectors within one month next after the expiration of twelve months from the day of adoption of the Act to give notice to the churchwardens that they are ready to produce their accounts and vouchers, and thereupon the churchwardens are to give notice of a meeting of ratepayers within ten days of receipt of such notice, for the purpose of producing such accounts, and for the election of inspectors, and for determining the amount of money to be raised for the current year. In the following years the meeting is to be held on the same day, except when it falls on a Sunday, and then on the day following (s. 18). The accounts and vouchers are to be verified by a statutory declara- tion made before two justices by the inspectors (s 19). The provisions of sections 18 and 19 of the Lighting and Watching Act require some consideration in view of the altered circumstances brought about by the Local Government Act. Few parishes with a a population so small as not to have a Parish Council are likely to adopt the Act, and where a parish has a Parish Council that Council will, as mentioned before, be substituted for the inspectors. In that case the Parish Council should take the necessary steps to convene the annual assembly of the Parish Meeting for the purpose of the Act at such a time as the ratepayers are directed to meet by the Act, but of course no inspectors will be appointed by that meeting. So far as As to .such compulsory purchase, sec Chapter \'L V-] THE ADOPTIVE ACTS. 91 Parish Councils are concerned, the provisions of the Local Govern- i^igining ^nd ment Act relating to their accounts ^ will in practice supersede the ^t^^mg provisions of the Act of 1833 concerning the same matter. In the Annual Meeting. case of a parish without a Council the procedure to be followed under the Lighting and Watching Act, 1833, as modified by the Local Government Act, 1894, is by no means clear. The inspectors will be performing their statutory duty if they communicate, as directed by the Act of 1833, to the churchwardens, for the powers and duties of the churchwardens under the Act are not affected by the Act of 1894, where there is no Parish Council. The churchwardens as such have no power to convene a Parish Meeting, and reliance must therefore be placed on the persons authorised to convene Parish Meetings - voluntarily undertaking to convene the annual assembly of the Parish Meeting for the purpose of the Lighting and Watching Act. It is important that such a Parish Meeting should be convened every year, as the total amount of money to be raised in any one year for the purpose of the Act, is to be fixed and determined by the Parish Meeting at their first meeting and subsequent yearly meeting (3 & 4 Will. IV., c. 90, s. 9). The expenses are paid out of a rate levied by Expenbes. the overseers in the same manner as a poor rate, but the owners and occupiers of houses, buildings, and property (other than land) •'' are to be rated at and pay a rate in the pound three times greater than that at which the owners and occupiers of land are to be rated at and pay (s. ^^). Tithes are assessable as land (14 & 15 Vict., c. 50). The Act confers no borrowing powers, necessary. Such powers seem Un- Borrowing. After the expiration of three years from the adoption of the Act the Parish Meeting may determine that from and after a certain date the Act shall no longer be in force in the parish (3 &: 4 Will. IV., c. 90, s. 15). A simple majority only is required for the abandonment of the Act. Abandonment of Act. The Lighting and Watching Act, 1833, is, so far at least as lighting °P''^rhh"ii°httd' is concerned, superseded in urban districts, and in any place within a under p. H. Act, rural district where the powers of an urban authority under the Public ^^^^' Health Act, 1875, to light the streets markets and public buildings in such place, have been conferred upon the Rural Sanitary Authority or District Council by an order of the Local Government Board (38 & 39 Vict., c. 55, s. 163). 1 See page 173. ^ See page 14. ^ Coal mines are ratealile, not as "land," hut as "property other than land." — Thitrsbyx. Overseers of Rrierclijfe-with-Ext'iiistlc ([1S94] i O.li., 567; loT.L.R., 397; W.N. (1S94), 63). { 92 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP The Baths and Washhouses Acts, 1846 to 1882. These comprise the following statutes — The Baths and Washhouses Act, 1846, (9 & 10 Vict. c. 74) ; The Baths and Washhouses Act, 1S47, (10 & 11 Vict. c. 6i) ; The Baths and Washhouses Act, 1S78, (41 & 42 Vict. c. 14) ; and The Baths and Washhouses Act, 18S2, (45 & 46 Vict. c. 30). Adoption. The Baths and Washhouses Acts may be adopted with the approval of the Local (lovernment Board ^ for any parish not within an urban district (g & 10 Vict., c. 74, s. i). A resolution of the Parish Meeting adopting the Acts must be carried by at least two- thirds of the number of votes given on the question at the meeting, or the poll consequent thereon, and a copy of the resolution extracted from the minutes and signed by the chairman, must be sent to the Local Government Board, and when the approval of that Board has been signified the Acts come into operation in the parish (s. 5). Appointment of In the casc of a parish without a Parish Council, the Parish Meet- whe?rno^ PariTh ing are to appoint, not less than three nor more than seven ratepayers Council. Qf ^Y^Q parish, Commissioners for carrying the Acts into execution. One-third of the Commissioners, or as nearly as may be one-third, (to be determined among themselves) are to go out of office yearly, but are to be eligible for immediate re-appointment (s. 6). Any vacancies in the commissionership may be filled up by the Parish Meeting when and as the meeting think fit (s. 8). The Parish Meeting are also required to appoint yearly two persons not being Commissioners to audit the accounts of the Commissioners and report thereon to the meeting (s. 15). The Commissioners must meet at least once a month (s. 9) ; one-third of their number is a quorum, but when only three Commissioners have been appointed, the quorum may be two (s. 1 1). The Commissioners are a corporate body, with a common seal, and they may hold and convey any lands vested in them for the purposes of the Acts (s. 20). Appropri.-ition of Lands vcstcd in the Guardians or others for the general benefit of parish lands. the parish may, with the approval of the Guardians and the Local Government Board (and of the Parish Meeting of a parish without a Parish Council), be appropriated for the purposes of the Acts, or Acquisition of lands may be purchased or hired (s. 24) ; but the Acts do not autho- rise the compulsory acquisition of land. Where, therefore. Commis- sioners execute the Acts, they cannot purchase or take any lands under the Lands Clauses Acts otherwise than by agreement (10 & 11 Vict. c. 61, s. 4). This does not apply to a Parish Council executing the Acts, who under section 9 of the Local Government Act, 1894, are empowered to acquire land compulsorily for any purpose for which they are authorised to acquire it. Upon the lands purchased or ' 34 & 35 "^'ict. , c. 70. land ^'■] THE ADOPTIVE ACTS. 93 Water and gaa Gyniiiasiuiu. Letting of closed swimming bath, Otherwise acquired for the purposes of the Acts, the Commissioners or Baths and Wash- Parish Council executing the Acts may erect any buildings suitable houses Acts. for public baths and washhouses, and make any open bathing Erection of places and convert any buildings into public baths and washhouses ^^^^^' ^'^' (9 & 10 Vict. c. 74, s. 25). There may be open drying grounds in connection with the washhouses, and covered swimming baths may also be provided or acquired under the Acts (41 Vict. c. 16, s. 3). Existing baths and washhouses may be purchased or leased, and the trustees of any public baths and washhouses may, under certain conditions, transfer them to the commis' sioners or Parish Council, as the case may be, for the purposes of the Acts (9 & 10 Vict. c. 74, s. 27 ; 45 & 46 Vict. c. 30, s. 2). The number of baths and washing tubs provided for the labouring class must not be less than twice the number of baths and washing tubs of higher classes (9 & 10 Vict. c. 74, s. 36 ; 10 & 11 Vict. c. 61, s. 5). Gas and water companies may in their discretion grant and furnish supplies of water or gas, either without charge or on other favourable terms (9 &: 10 Vict. c. 74, s. 28). From the beginning of November to the end of March, any swim- ming bath, whether covered or open, may, for any period, be kept closed, or a gymnasium or other means of healthful recreation, may be established therein, or it may be used as an empty building for the purposes of healthful recreation or exercise. Any portion of the public baths when not required may be used for holding parish meet- ings or for other parochial purposes ; but no covered or open swimming baths when closed may be used for music or dancing (41 & 42 Vict, c. 14, s. 5). Charges may be made for the use of the gymnasium or other means of recreation, or for the use of any covered swimming bath as an empty room (s. 8). The maximum charges for baths and washhouses are fixed by the Charges, Acts of 1847 ^i''d 1878, as follows : — I. Baths for the Labouring Classes. Every bath to be supplied with clean water for every person bathing alone, or for several children bathing together, and in either case with one clean towel for every bather. For one person above eight years old : Cold bath, or cold shower bath, any sum not exceeding... One Penny. "Warm bath, or warm shower bath, or vapour bath, any sum not exceeding Two Pence. For several children, not above eight years old, nor exceeding four, bathing together : Cold bath, or cold shower bath, any sum not exceeding... Two Pence. Warm bath, or warm shower bath, or vapour bath, any .sum not exceeding ... Four Pence. 2. Baths of any Higher Class. Such charges as the Council and the Commissioners respectively think fit, not exceeding in any case three times the charges above mentioned for the several kinds of baths for llie labouring classes. 94 hadden's local government act, 1894. [chap. Baths and Washhouses Acts. Charges. Appointment of Officers. Byelaws. 3. Washhouses for the Labouring Classes. Every washhouse to be supplied with conveniences for washing and (hying clothes and other articles. For the use by one person of one washing tul) or trough, and of a copper or boiler (if any), or where one of the washing tubs or troughs shall be used as a copper or boiler, for the use of one pair of washing tubs or troughs, and for the use of the conveniences for drying : For one hour only in any one day, any sum not exceeding One Penny. For two hours together, in any one day, any sum not exceeding ... .. ... ... .. ... Three Pence. Any time over the hour or two hours respectively, if not exceedmg five minutes, not to be reckoned. For two hours not together, or for more than two hours in any one day, such charges as the Council and the Commissioners respectively think tit. For the use of the washing conveniences alone, or of the drying conveniences alone, such charges as the Council and the Commissioners respectively think fit, but not exceeding in either case the charges for the use for the same time of both the washing and the drying conveniences. 4. Washhouses of any Higher Class. Such charges as the Council and the Commissioners respectively think fit. 5. Open Bathing Places. Where several persons bathe in the same water : For one person .. .. .. ... ... .. One Penny. 6. Covered Swim.ming Baths. 1st Class. — Any .sum not exceeding Eight pence for each person. 2nd Class. — Any sum not exceeding Four pence for each person. 3rd Class. — Any sum not exceeding Two pence for each person. The Parish Council or Commissioners, as the case may be, are required to appoint a clerk and such other officers and servants as may be necessary, and, with the approval of the Parish Meeting, may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and when necessary, may hire and rent a suffi- cient office for holding their meetings and transacting their business, and may agree for and pay a reasonable rent for such office (9 & 10 Vict. c. 74, s. 122 ; 41 &42 Vict. c. 14, s. 7). The Commissioners with the sanction of the Parish Meeting and the approval of the Local Government Board, may borrow for the purposes of the Acts (9 & 10 Vict. c. 74, s. 21 ; 41 &42 Vict. c. 14, s. 9). A Parish Council would borrow under the provisions of section 1 2 of the Local Government Act, 1894. Full powers are conferred on the Commissioners or Parish Council, as the case may be, to make byelaws for the management, use, and regulation of the baths and other institutions provided under the Acts. Such byelaws require the approval of the Local Government Board (9&ioVict. c. 74, s. 34; 41 & 42 Vict. c. 14, s. 6) who have issued model forms of byelaws under these enactments, which may be obtained from them on application. Any byelaws in force at the time of the transfer of powers from the existing Commissioners, will continue in force as if made by the authority to whom the transfer is made (Local Government Act, 1894, s. 87). V. THE ADOPTIVE ACTS. 95 Baths and Washhouses Acts. Expenses. The expenses of executing the Acts are payable out of the poor rate (9 & 10 Vict. c. 74, s. 16), and the Parish Meeting may and shall order the overseers to levy with and as part of the poor rate, such sums as they shall deem necessary, and the amount shall be paid according to the order of the meeting to the person appointed by the Commissioners to receive the same, or to the Parish Council executing the Acts (s. 17). Any surplus receipts from the rates and from the revenue of the baths and washhouses, after providing a balance sufficient to meet the probable liabilities for the next year, are to be paid to the overseers in aid of the poor rate (s. 18). Section 19 of the Act of 1846, contains provisions enabling two or Union of parishes more neighbouring parishes which have adopted the Acts to concur in carrying them into execution. If, after any institutions provided under the Acts have been estab- lished for seven years, the Parish Council (or the Parish Meeting in accordance with the previous recommendation of the Commissioners) determine them to be unnecessary or too expensive to be kept up, the Council or Commissioners, with the approval of the Local Government Board, may sell the same for the best price that can reasonably be obtained, and the net proceeds are to be paid to the credit of the poor rate (9 &: 10 Vict. c. 74, s. 32). Al).':ndonmfcnt of Act. 1853 (i6c"v: 17 Vict. c. 134)- 1854 (17 & 18 Vict. c. 87). 1855 (18 & 19 Vict. c. 128). 1857 (20 c^ 21 Vict. c. 81). 1859 (22 Vict. c. I), i860 (23 & 24 Vict. c. 64). 1862 (25 & 26 Vict. c. 100). The Burial Acts, 1852 to 1885. These Acts consist of the following Statutes : — Burial Acts The Burial Act, 1852 (15 & 16 Vict. c. 85). The Burial Act, The Burial Act, The Burial Act, The Burial Act, The Burial Act, The Burial Act, The Burial Act, The Burial Act, 1871 (34 cS: 35 Vict. c. 33). The Burial Laws Amendment Act, 1880 (43 &44 Vict. c. 41). The Burial and Registration Acts (Doubts Removal) Act, 1881 (44 & 45 Vict. c. 2). The Burial Boards (Contested Elections) Act, 1885 (48 cV 49 Vict. c. 21). A Parish Meeting for the purpose of determining whether a burial Adoption. ground shall be provided for the parish may be convened at any time, and must be convened where an order in council has been, or is in- tended to be made for discontinuing burials (wholly or subject to any exception or qualification) in any burial ground of any parish for which no Burial Board has been appointed (18 & 19 Vict. c. 128, s. 3). If it be resolved by the Parish Meeting that a burial ground shall be provided, a copy of the resolution extracted from the minutes and signed by the chairman, must be sent to the Home Secretary (15 & 16 Vict. c. 85, s. 10). His a[)[)roval of the resolution is necessary (34 ^: 35 Vict. c. ss)- 96 HADDEN'S local government act, 1S94. [CHAP. Burial Acts Adoption. Appointment of Burial Hoard where no Parish Council. Burial ground 10 be provided. Acauisition of land. Appropriation of parish land. For the purpo.ses of the Local Government Act, 1894, the passing of a resolution to provide a burial ground under the Burial Acts, 1852 to 1885, is to be deemed to be an adoption of those Acts (Local Government Act, 1894, s. 7 (8)). In a parish without a Parish Council, the Parish Meeting after resolving to provide a burial ground, must appoint from three to nine ratepayers to be the Burial Board. The incumbent, although not a ratepayer, may be appointed. One-third of the members of the Burial Board retire annually and are eligible for re-appointment (15 & 16 Vict. c. 85, s. 11). Vacancies must be filled up within one month of notification to conveners of Parish Meetings, and, in default, may be filled up by the Burial Board (18 & 19 Vict. c. 128, s. 4.) The reasonable expenses of taking a poll on the appointment or re-appointment of members are to be defrayed by the Burial Board as expenses under the Acts (48 & 49 Vict. c. 21). Three members are a quorum ( 1 5 «S: 1 6 Vict. c. 85, s. 14). Two persons must be appointed yearly by the Parish Meeting to audit the accounts of the Burial Board and report thereon to the Parish Meeting (s. 18). The Burial Board are incorporated and may hold land for the purposes of the Acts (s. 24). The Parish Council or Burial Board, as the case may be, are required with all convenient speed to provide a burial ground, and to make arrangements for facilitating interments therein. They are to have reference to the convenience of access to the burial ground from the parish, but the ground may be either within or without the parish (s. 25). With the approval of the Parish Meeting, land may be purchased to form a burial ground, or existing cemeteries may be purchased. Instead of actually providing a burial ground, contracts may be entered into with any cemetery company for the interment of the bodies of persons who would have had rights of interment in the burial ground of the parish (s. 26). A Burial Board cannot acquire land compulsorily, as only the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands by agreement are incorporated with the Burial Acts (s. 27), but a Parish Council executing the Burial Acts may acquire land compulsorily for any purpose for which they are authorised to acquire it (Local Government Act, 1894, s. 9). A burial ground would be such a purpose. Lands vested in the Guardians or others for the general benefit of the parish, may with the approval of the Guardians and the Local Government Board' (and of the Parish Meeting of a parish without a Parish Council) be appro- priated for the purposes of a burial ground, but where any land so appropriated is subject to any charitable use, the land is to be taken on such conditions as the Chancery Division of the High Court appoint and direct (15 & 16 Vict. c. 85, s. 29). A Parish Council or Burial Board, as the case may be, can lay out and embellish any burial ground provided by them in such manner as v.] THE ADOPTIVE ACTS. 97 may be fitting and proper, and build according to a plan to be approved Ruriai Acts, by the bishop of the diocese, a chapel for the performance of the burial Burial ground, service according to the rites of the established church, and such burial ground may be consecrated by the bishop, but an unconsecrated portion must be set apart, and on the unconsecrated portion may be built a suitable chapel or chapels for the performance of funeral services (s. 30). Under 18 & 19 Vict. c. 128, s. 10, where the parish is unanimous the whole ground may be consecrated, and within ten years another, unconsecrated, burial ground may, if desired, be provided separately. Since, however, the passing of the Burial Laws Amendment Act, 1880 (43 & 44 Vict. c. 41), there is practically no legal distinction as to the services which may be performed in consecrated and unconse- crated ground. The Parish Council or Burial Board, as the case may be, may make Conveyance of ^ ^ ... . , ' r 1 1 T r 1 1 1 bodies to burial arrangements tor lacilitatmg the conveyance 01 the bodies of the dead ground. from the parish or place of death to the burial ground provided under the Act, or to any other place of burial (15 & 16 Vict. c. 85, s. 41), and with the approval of the Parish Meeting of a parish without a Parish Mortuaries Council, may hire, take on lease, or otherwise provide fit and proper places in which bodies may be received and taken care of, previous to interment, and make arrangements for the reception and care of the bodies to be deposited therein (s. 42). An appeal against the refusal or neglect of the Parish Meeting to authorise necessary expenditure may, under certain circumstances, be made to the Home Secretary (18 c^: 19 Vict. c. 128, s. 6). The Parish Council or Burial Board must conform to and obey the regulations in relation to burial grounds and mortuaries provided under the Acts, made by the Home Secretary for the protection of the public health and the maintenance of public decency (15 & 16 Vict, c. 85, s. 44). The Parish Council or Burial Board, as the case may be, are required offiwre "&c" °^ to appoint a clerk and such other officers and servants as shall be necessary for their business, and for the purposes of their burial ground, and with the approval of the Parish Meeting may appoint reasonable salaries, wages and allowances for such clerks, officers and servants, and when necessary, may hire and rent a sufficient office for holding their meetings and transacting their business (s. 15). Money may be borrowed with the sanction of the Parish Meeting Borrowing, for providing and laying-out any burial ground, and building a chapel or chapels therein. The approval of the Treasury is required for borrowing by a Burial Board (s. 20). A Parish Council would borrow under the Local (iovernment Act, 1894 (s. 12.) Expenses of carrying the Acts into execution arc chargeable upon Expenses. Regulations of Home Secretarj-. 98 hadden's local government act, 1894. [chap. Burial Acts. Expenses. the poor rates, and the expenses to be so incurred for or on account of any parish in providing and laying out a burial-ground and building the necessary chapel or chapels thereon are not to exceed such sum as the Parish Meeting shall authorise (15 & 16 Vict. c. 85, s. 19) ; but if the Parish Meeting refuse or neglect to authorise the expenditure of necessary sums, the Parish Council or Burial Board may make a repre- Appeai to Home scntation to the Home Secretary, who may after inquiry authorise ecretary. them without further authority, sanction, or approval of or by the Parish Meeting to incur the necessary expenditure (18 & 19 Vict. c. 128, s. 6). Any surplus receipts from the rates and from income arising from the burial ground, after providing a balance sufficient to meet the probable liabilities for the next year, are to be paid to the overseers in aid of the poor rate (15 & 16 Vict. c. 85, s. 22). Adoption for part ^ burial ground may be provided for any parish, new parish, town- pans . ^lyip^ Qj- other district not separately maintaining its own poor (18 & 19 Vict. c. 128, s. 2 ; 20 & 21 Vict. c. 81, s. 5), and in that case the overseers of the civil parish must levy the contribution for the purposes of the burial ground by an addition to the poor rate levied in that part of the civil parish which comprises the burial ground district, or by a separate rate levied in that part of the civil parish only (18 & 19 Vict. c. 128, s. 13). Section 23 of the Act of 1852 contains provisions enabling two or more parishes which have respectively resolved to provide burial grounds to concur in providing one burial ground, under the manage- ment of a Joint Burial Board, incorporated as "The Burial Board for the Parishes of and , in the County of " (15 & 16 Vict. c. 85, s. 24). A Joint Burial Board may at any time before a burial ground has been provided be dissolved by the constituent parishes (20 & 21 Vict. c. 81, s. 2). Joint Burial Board. Public Improve ments Act. Adoption by Parish Council Recreation ground, See. The Public Improvements Act, i860 (23 & 24 Vict. c. 30). The Act may be adopted for any parish having a population of 500 or upwards, according to the last account from time to time taken by authority of Parliament (s. 2). A parish with a population of less than 500 according to the last published census, cannot adopt the Act, and the Act will, when adopted, be invariably executed by the Parish Council. The Act is, by section 2, to be adopted in the same manner as the Baths and Washhouses Act, 1846. There must, therefore, be a two-thirds majority of the Parish Meeting, and the approval of the Local Government Board is necessary. Under this Act the Parish Council may purchase or lease lands and accept gifts or grants of land, for the purpose of forming any public walk, exercise or playground, and may levy rates for maintaining the v.] TPIE ADOPTIVE ACTS. 99 same, and for removal of any nuisance or obstruction to the free use P"*^'"-' improve- ■' . . ments Act. and enjoyment thereof, and for improvmg any open walk or footpath, — or placing convenient seats, or shelters from rain and for other purposes of a similar nature (s. i). Expenses are raised out of the poor rate (s. 3) ; but a rate for Expenses, the purposes of the Act must not exceed 6d. in the ^ (s. 7), and it must be agreed to by a majority of at least two-thirds of the Parish Meeting (s. 4). Before such rate can be imposed a sum, in amount not less than one-half of the estimated cost of such proposed improve- ment, must be raised, given or collected by private subscription or donation (s. 6). Generally the Parish Council will have for the purposes of the Act T^ecuti/? Act similar powers to those conferred bv the Baths and Washhouses Act, 1846 (s. 3). No borrowing powers are conferred by the Public Improvements Bo''''ow'ng- Act, i860; but, notwithstanding that the Act confers no such powers, a Parish Council could borrow under the Local Government Act, 1894, for the purpose of purchasing lands for a public walk, exercise or playground, or for any other purposes of the Act of i860 that came within the general purposes for which the Local Government Act gives a Parish Council borrowing powers.i Public Libraiies Act. The Public Libraries Act, 1892 (55 & 56 Vict. c. 53). This Act may be adopted for any rural parish subject to a condition Adoption : that the maximum rate or addition to a rate to be levied for the pur- poses of the Act in the parish, or in any defined portion of the parish, in any one financial year shall not exceed one halfpenny or shall not exceed three farthings in the ^, but such limitation if fixed at one halfpenny may subsequently be raised to three farthings, or altogether removed, or where it is for the time being fixed at three farthings may be removed ; but no rate or addition to a rate is to be levied for any one financial year to an amount exceeding one penny in the ^ (s. 2). County electors were the voters under the Act, and any ten or more voters might address a requisition in writing to the overseers requiring them to ascertain the opinion of the voters in the parish with respect to the question or questions stated in the requisition. On the receipt of such a requisition the overseers were to proceed to ascertain by means of voting papers the opinion of the voters with respect to the question or questions ; but the opinion of the voters was not to be ascertained on any question with respect to the limitation of the rate Mode of adoption. ^ See page 68. G 2 lOO HADDEN'S local government act, 1894. [CHAP. Public Libi-aries unlcss it was required by the requisition, or with respect to any "■ — '- Umitation of the rate other than the Umitations specified in the Act (s. 3). adoption. ^"Y question with respect to — (a) the adoption of the Act ; and {/>) the fixing, raising, and removing of any Hmitation on the maximum rate ; and (c) the ascertaining of the opinion of the voters with respect to any matter for which their consent is required ; will now have to be submitted to the parochial electors, and their opinion ascertained by a poll taken in manner provided by the Local Government Act, 1894 (s. 7 (2)). The manner of taking the poll will Poll. be provided for by Rules framed by the Local Government Board (s. 48 (8) ). It is not competent for the Parish Meeting to adopt the Public Libraries Act without a poll, but the procedure for the convening of the Parish Meeting supersedes for the purpose of ascertaining the opinion of the voters, the preliminary machinery of the Act to which reference has been made. The chairman of the Parish Council, or any two parish councillors, or the chair- man of the Parish Meeting, or any six parochial electors may at any time convene a parish meeting (Local Government Act, 1894, s. 45 (3) ), and it would be for the chairman of the Parish Council or any other convener or conveners to give not less than fourteen days' public notice of the intended meeting, and the business to be transacted at the meeting, and to sign such notice (Sched. i, Part I, Rules (2) and (3)). If the notice with respect to the adoption of the Public Libraries Act does not raise any question as to the limitation of the rate, the opinion of the voters will not be taken on that question, and the maximum rate of one penny in the pound will be leviable. Where the opinion of the parochial electors is taken upon the question as to the adoption of the Act, or upon a question as to the limitation of the rate, no further proceeding can be taken for ascertaining the opinion of the electors until the expiration of one year at least from the day of the poll. Questions submitted to the parochial electors are to be decided by a majority of answers recorded on the valid voting papers (55 & 56 Vict. c. 53, s. 3). Commissioners Where the Act is adopted for a rural parish without a Parish Parish "council Council, the Parish Mt;eting must forthwith appoint not less than three nor more than nine voters in the parish to be Commissioners for carrying the Act into execution (s. 5 (i)). One-third of the Commissioners retire each year, and their place is filled by an annual appointment. Casual vacancies in the office of Commissioner are as soon as may be to be filled up by the Parish Meeting (s. 6). The Commissioners are required to meet at least once a month ; two Commissioners constitute a C|uorum (s. 7). They are a body corporate by the name of "the Commissioners for Public Libraries and ^luseums for the Parish of , in the v.] THE ADOPTIVE ACTS. lOI County of ," and can acquire and hold lands for the Pu'-'ic Libraries purposes of the Acts without any licence in mortmain (s. 5 (2) ). — '- Several provisions which have not hitherto been much acted upon, Combination of authorise the combination of neighbouring Library Districts for the '^'""^■ purpose of the Act. Where the Act is adopted for any two or more neighbourmg parishes, the respective Parish Councils, or Parish Meetings in parishes without a Parish Council, may by agreement combine for any period in carrying the Act into execution, and the expenses are to be defrayed by the parishes in such proportions as may be agreed on (s. 9 (i)). In the case of two or more Parish Councils a joint committee of the Councils concerned would execute the Act (Local Government Act, 1894, s. 57); and in the case of two or more parishes without a Parish Council not more than six Commissioners would have to be appointed by the Parish Meeting of each parish to form one body of Commissioners for the purposes of the Act (55 & 56 Vict. c. 53, s. 9 (2) ). But where all the combining parishes were not parishes with Parish Councils, or were not parishes without Parish Councils, there would be some difficulty in constituting a governing body, but the difficulty might be got over by an application of the Parish Meeting to the County Council to confer on that Meeting the power of a Parish Council to appoint members of a Joint Committee (Local Government Act, 1894, s. 57). Section 10 of the Public Libraries Act, 1892, contains a further provision enabling a parish adjoining or near any Library District, for which either the Act has been adopted or its adoption is contemplated, to be annexed to that district, subject to the consent of the library authority. The consent of the voters of the parish is necessary to the parish being annexed to the adjoining district, and this consent must be ascertained by a poll of the parochial electors on the subject. The library authorities for any two or more parishes for which the Act has been adopted may also with the consent of the voters (ascertained by a poll of the parochial electors) in each parish agree to share for any period the cost of the purchase, erection, repair, and maintenance of any library, building, museum, school for science, art gallery, or school for art, situate in one of the parishes, and also the cost of the purchase of books and newspapers and other expenses. With the like consent of the voters, and the consent of the Charity Com- missioners, a library authority may make a similar agreement with the governing body of any library established or maintained out of funds subject to the jurisdiction of the Charity Commissioners, and situate in or near the parish, and, in case of inability, objection, or failure on the part of the governing body to enter into such agreement, the Charity Commissioners may, if they think fit, become party to the agreemeiit on behalf of the governing body (s. 16). The library authority (i.e., the Parish Council or the Conmiissioners I02 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP- Public Libraries Act. Provision of libraries, museums, &c. Appointment of officers. Parliamentarj- grant. Purchase of land by agreement. Compulsory purchase by Parish Council. Grant of ecclesiastical, fiarish and other ands. for Public Libraries and Museums, as the case may be) may provide all or any of the following institutions, namely, public libraries, public museums, schools for science, art galleries, and schools for art, and for that purpo.se may purchase and hire land, and erect, take do\vn» rebuild, alter, repair and extend buildings, and fit up, furnish, and supply the same with all requisite furniture, fittings, and conveniences. No charge is to be made for admission to a library or museum, or for the use of a lending library by the inhabitants of the parish ; but the library authority, if they think fit, may grant the use of a lending library to other persons, either gratuitously or for payment (s. 11). Books, newspapers, maps, and specimens of art and science may be provided and repaired when necessary. A library authority may appoint salaried officers and servants, and make regulations ' for the safety and use of every library, museum, gallery, and school under their control, and for the admission of the public thereto (s. 15). They may accept a parliamentary grant upon conditions prescribed by the Department of Science and Art towards the purchase of the site, or the erection, enlargement, or repair, of any school for science and art, or school for science, or school for art, or of the residence of a teacher in any such school, or towards the furnish- ing of any such school (s. 17). For the purpose of the purchase of land under the Act by a library authority the Lands Clauses Acts, with the exception of the provisions relating to the purchase of land otherwise than by agreement, are incorporated with the Public Libraries Act, 1892 (s. 12 (i) ), and that Act confers no power of compulsory purchase. Where therefore the library authority are Commissioners appointed by the Parish Meeting, land for the purposes of the Act may be purchased only by agreement, but where the authority are the Parish Council that Council may acquire land compulsorily under section 9 of the Local Government Act, 1894, for the purpose of public libraries and museums. But in other ways the grant of land for the purpose of the Public Libraries Act, 1892, has been specially favoured by the Legislature. Any person holding land for ecclesiastical, parochial, or charitable purposes may grant, or convey, by way of gift, sale, or exchange, for any of the purposes of the Act any quantity, not exceeding in any one case one acre of such land ; but the grant or conveyance of ecclesiastical property requires the consent of the Ecclesiastical Commissioners, and of parochial property (which must be granted or conveyed by the Board of Guardians of the poor law union comprising the parish to which the property belongs), ^ the consent of the Local ^Seepage 181 as to regulations being continued in force on transfer of powers taking place. - No such action on the part of the guardians would be required for the sale or exchange of parochial property vested in a Parish Council (see page 55)- If ^^^^ Council, being the libraiy authority, wished to appropriate any parochial property for the purpose of the Public Libraries Act, they could apparently do so without the intervention of the guardians. v.] THE ADOPTIVE ACTS. 103 Government Board, and of other charitable property, the consent of Public Libraries the Charity Commissioners (s. 13). - — ^ A Hbrary authority may borrow for the purposes of the Act, but the Borrowing, sanction or consent of the Parish Meeting is necessary (s. 19). A Parish Council executing the Public Libraries Act, would borrow under the provisions of the Local Government Act.' The expenses of executing the Act in a parish are defrayed out of Expenses, a rate raised with and as part of the poor rate, subject to the qualifi- cation, that every person assessed to the poor rate in respect of lands used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, is entitled to an allowance of two-thirds of the sum assessed upon him in respect of those lands (s. 18(1)). In a parish not combined with any other parish the amount to be raised out of the rate requires the sanction of the Parish Meeting. The amount proposed to be raised must be expressed in the notice convening the meeting, and where the Act is executed by Commis- sioners the amount is to be paid according to the order of the Parish Meeting to the person appointed by the Commissioners to receive it. In the notices requiring the payment of the rate the proportion which the amount to be raised for the purposes of the Act bears to the total amount of the rate must be stated (s. 18 (2)). No sanction of the Parish Meeting is required for raising the sums due from a parish annexed to any library district for meeting the expenses chargeable to the parish (s. 18 (3)). The district auditor audits the accounts of the receipts and expen- Audit of diture under the Act whether the library authority are Commissioners '^'^o""'^* or a Parish Council (55 & 56 Vict. c. 53, s. 20 (2); Local Govern- ment Act, 1894, s. 51). I See page 67, CHAPTER VI. Acquisition by Paf'ish Council of Land by Agreement — Conpulsory Acquisition by Parish Council and, for purpose of Allotments, by District Council — Hiring for Allotments by Parish Council. Acquisition of Land. For the purpose of the acquisition of land by a Parish Council the Lands Clauses Acts are incorporated with the Local Government Act, 1894, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section 178 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), is to apply as if the Parish Council were referred to therein (s. 9 (i)). Under this provision the Parish Council will be able to acquire by agreement land for such purposes as they are authorised to acquire land. In connection with the powers and duties of the Parish Council under the Local Government Act, 1894, the Adoptive Acts and other statutes, mention has been made of the various purposes for which land may be acquired by them. They may, for instance, acquire land for building public offices and for recreation grounds (s. 8 (i) («)), and for the purposes of a supply of water or of a right of way (Local Government Act, 1894, ss. 8 (i) {e) (§■), 9 (15)). The Lands Clauses Acts, which comprise the following statutes : — The Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18); The Lands Clauses Consolidation Acts Amendiment Act, i860 (23 & 24 Vict. c. 106) ; The Lands Clauses Consolidation Act, i86g (32 & 33 Vict. c. 18); and The Lands Clauses (Umpire) Act, 1883 (46 & 47 Vict. c. 15); and Any Acts for the time being in force amending the same, contain provisions which are usually made applicable to the acquisition of lands for undertakings of a public nature. It is beyond the scope of the present work to set out those provisions at length, and it must suffice to say that the provisions of those Acts relating to the purchase of land by agreement are so framed as to meet every kind of difficulty likely to arise in any case where all parties concerned are willing to treat. Ample powers to sell and convey are conferred in the case of infants, lunatics, and other parties under disabilities, and provision is ACQUISITION OF LAND. 105 made for the proper application of the purchase money or compensa- Provisions of tion. The consideration for the sale and conveyance of lands under Acts, the Acts may be either the payment of a gross sum or an annual rent ^vcquisTtiOT by charge. Other provisions deal very fully with the conveyance of lands, agreement, the entry upon lands, the enfranchisement of copyholds, the acquisi- tion of common or waste lands and of lands subject to leases, mort- gages, and other encumbrances, and subsidiary matters. The provisions of the Acts with respect to the sale of superfluous lands are subject to the provisions of section 1 1 of the Allotments Act, 1887, which is made to apply to land purchased under section 9 of the Local Government Act, 1894.' Section 178 of the Public Health Act, 1875, enables lands belong- ing to the Duchy of Lancaster to be sold and disposed of for such sum as to the Chancellor and Council of the Duchy may appear sufficient consideration. This section is given at page 313 of the Appendix. If a Parish Council are unable to acquire by agreement, and on Compulsory reasonable terms suitable land for any purpose (other than for the pur- =^<^'i"'^'"°"- pose of any supply of water, or of any right of way, s. 9 (15)), for which they are authorised to acquire it, they may represent the case to the County Council, and the County Council must inquire into the representation (s. 9 (2)). If on any such representation, or on any proceeding under the Allotments Acts, 1887 (50 & 51 Vict. c. 48), and 1890 (53 & 54 Vict. c. 65), a County Council are satisfied that suitable land for the purpose of the Parish Council or for the purpose of allotments, including common pasture, where authorised by the County Council, to be acquired under section 12 of the Act of 1887, (as the case may be), cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances are such as to justify the County Council in proceeding, they are to cause such public inquiry to be made in the parish, and such notice to be given both in the parish and to the owners, lessees, and occupiers of the land proposed to be taken as may be prescribed by the Local Government Board, and all persons interested are to be permitted to attend at the inquiry, and to support or oppose the taking of the land (s. 9 (3)). Section 3 of the Allotments Act, 1890, requires every County standing Council to annually appoint a standing committee not exceeding one- comuy Council, fourth of their own body for the purpose of dealing with petitions and holding local inquiries under that Act. The section, which is reprinted at page 371 of the Appendix, is incorporated with section 9 of the Local Government Act, 1894, and will with adaptations prescribed by the Local Government Board, apply accordingly (Local Government Act, 1894, s. 9 (13)^. It will be the duty of a standing committee so ^ See page IIO. I06 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CIIAP. Compulsory acquisition of land. Public inquiry. Repre-sentation under Allotments Act, 1887. Order for compulsory purchase. appointed to take the nece.ssary preliminary proceedings to liold the pubhc incjuiry referred to in section 9 (3) of the Local Government Act, and to report the result to the County Council. Before the standing committee of the County Council cause a public inquiry to be made they must satisfy themselves that suitable land cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances justify them in proceeding. It would seem as if what the standing committee, as representing the County Council, are required to be first satisfied about, is the very purpose for which a public inc^uiry is necessary, but the provision must be taken to mean no more than that before the Committee take action a prima fade case must be made out to their satisfaction. A petition to the County Council under the Allotments Act, 1890, to which reference will be presently made, is referred as of course to the standing committee of the Council required to be appointed by that Act, and if that committee is satisfied of the bona fides of the application they must forthwith cause a local inquiry into the circumstances to be made (53 & 54 Vict. c. 65, s. 3). On a rej)resentation in writing to the District Council by any six registered parliamentary electors or ratepayers resident, in the case of an urban district, in that district, and, in the case of a rural district, in some parish in that district, that the circumstances of the urban district or parish are such that it is the duty of the Council to take pro- ceedings under the Act, the Council are required to take such repre- tation into consideration. If the District Council are of opinion, either after an inquiry made in consequence of such representation or otherwise, that there is a demand for allotments for the labouring population in such urban district, or in any parish in such rural district, and that such allotments cannot be obtained at a reasonable rent and on reasonable conditions by voluntary arrangement between the owners of land suitable for such allotments and the applicants for the same, the Council, subject to the provisions of the Act, are to purchase or hire suitable land which may be available, whether within or without the district or parish, adequate to provide a sufficient number of allotments, and are to let such land in allotments to persons belonging to the labouring population resident in the district or parish and desiring to take the same (50 & 51 Vict. c. 48, s. 2). A District Council who are unable by hiring or purchase by agreement to acquire suitable land sufficient for allotments under the Allotments Act, 1887, at a reasonable price or rent and subject to reasonable conditions, may petition the County Council for an order authorising the compulsory acquisition of land. The order under that Act was pro- visional only, and had no force until confirmed by Parliament (s. 3). An order of the County Council for compulsory purchase or hiring under the Local Government Act, 1894, will require confirmation VI.] ACQUISITION OF LAND. 107 by the Local Government Board, and not by Parliament (Local Government Act, 1894, s. 9(7))- In the case of a County Borough, the jurisdiction to make an order for compulsory purchase under the Act of 1 887, belongs to the Local Government Board by virtue of section 34 (7) of the Local Government Act, 1888. That Board will continue to exercise the jurisdiction, and will both make and con- firm the order where the Council of a County Borough petition them under the Local Government Act, 1894 (s. 9 (18), and the order will not require confirmation by Parliament. If after a representation has been made under section 2, of the Act of 1887, the District Council other than a Borough Council fail to take proceedings under the Act, any six persons qualified to make such representation may petition the County Council requesting them to put the Act into force for the purpose of providing a sufficient number of allotments for the district or parish (53 & 54 Vict. c. 65, s. 2 (i)). The petition is referred to the standing committee of the County Council appointed under the Act, and if they are satisfied of the ^ona fides of the application, they must cause a local inquiry to be made, and report to the Council (s. ':s[z))- I^ the County Council are satisfied by the inquiry that the circumstances are such that land for allotments should be acquired, they are to pass a resolution to that effect, and thereupon the powers and duties of the District Council as to allot- ments are transferred to the County Council. A Parish Council are empowered to make a representation to the District Council under section 2 of the Act of 1887 (Local Govern- ment Act, 1894, s. 6 (3)), and petition the County Council under section 2 of the Act of 1890 (Local Government Act, 1894, s. 9 (17))- The provision in the Local Government Act, 1894, with respect to the compulsory acquisition of land, applies to three classes of cases : — (i) A Parish Council requiring land for any purpose for which they are authorised to acquire land compulsorily. (2) A District Council petitioning the County Council, or where applicable, the Local Government Board, for powers of compul- sory purchase for the purpose of allotments. (3) A County Council requiring powers of compulsory purchase in order to exercise the powers and duties with respect to allot- ments transferred to them from a defaulting District Council. After comj)letion of the public inrjuiry, and considering all objections made by any persons interested, the County Council may make an order for putting in force, as respects the land proposed to be taken compulsorily, or any part thereof, the provisions of the Lands Clauses Acts with respect to the compulsory purchase and taking of land (s. 9 (4) ). Order for compulsory purchase. Petition under Allotments Act, 1S90. Proceedings by Parish Council. Compulsory acquisition of land — ■ By Parish Council ; By District Council ; By County Council. Order of County Council. Compulsorj- acquisition of land. Appeal to Local Government Board . Notices of order. Confirmation of order. Memorials against order. Confirmed order conclusive. Amendment of order. I08 IIADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP- If the County Council refuse to make any such order, the Parish Council, or if the proceeding is taken on the petition of the District Council, then the District Council may petition the Local Government Board, and that Board after local inquiry may, if they think proper, make the order, and the same provisions are to apply as if the order had been made by the County Council (s. 9 (5) ). The provision for an appeal to the Local Government Board, refers explicitly to the refusal of the County Council to make an order only, but that refusal seems to cover a refusal or neglect to cause public inquiry in the parish to be made with the view of making such an order. If the provisions were not wide enough in this respect the County Council by declining to hold a public inquiry might defeat the object of the provision altogether. The local inquiry to be held by the Local Government Board will be in addition to the public inquiry in the parish which may have been caused to be made by the County Council. After an order for compulsory purchase has been made by the County Council, or in their default by the Local Government Board, a copy of the order is to be served in the manner prescribed by that Board, together with a statement that the order will become final and have the effect of an Act of Parliament, unless within the period prescribed by the Local Government Board a memorial by some person interested is presented to that Board, praying that the order shall not become law without further inquiry (s. 9 (6) ). The order itself must be deposited with the Local Ciovernment Board, who are to inquire whether the provisions of section 9, and the regulations prescribed by them have been in all respects complied with; and if the Board are satisfied that this has been done, then, after the period prescribed by them — [a.) If no memorial has been presented, or if every such memorial has been withdrawn, the Board are required, without further inquiry, to confirm the order : (/-'.) If a memorial has been presented, the Board are to proceed to hold a local inquiry, and are, after such inquiry, either to confirm, with or without amendment, or to disallow the order : (c.) Upon any such confirmation the order, and if amended as so amended, becomes final and has the effect of an Act of Parliament, and the confirmation by the Local Government Board is to be conclusive evidence that the requirements of the Act have been complied with, and that the order has been duly made, and is within the powers of the Act (s. 9 (7) ). Where a memorial has been presented against an order and not withdrawn the order may be amended by the Local Government Board before confirmation by them ; but where no memorial is presented, or where every such memorial has been withdrawn, the order must be confirmed as it is without any amendment. VI.J ACQUISITION OF LAND. IO9 Before any order can be made by the County Council there must ac.?Ji^ritloif be a preUminary inquiry by them under subsection 3 of section 9, : — and if that order is opposed there must be another local inquiry by °'^'* inquiries, the Local Government Board under subsection 7 before confirming the order. There will thus be at least two local inquiries in every case before an opposed order is confirmed ; and where the County Council have held a preliminary inquiry, but have refused to make an order, and a petition is presented to the Local Government Board, another local inquiry by that Board under subsection 5 will be interposed, and if any order is made by that Board and a memorial presented against the order a third inquiry under subsection 7 will have to be made before their confirmation is given. These safeguards seem more than ample, but it must be remembered that an order once confirmed is final and conclusive under subsection 7, and cannot be challenged on any ground. Certain restrictive provisions of the Allotments Act, 1887, are Restrictions ... f ,.,,.,, T . ' "., , on compulsory incorporated with section 9, and will with the adaptations prescribed purchase. by the Local Government Board apply accordingly (Local Government Act, 1894, s. (9 13)). If the land is taken for allotments, subsection 2 of section 2 of the Allotments Act, 1887, is to apply, which prohibits the acquisition of land for allotments save at such price or rent that in the opinion of the acquiring authority all expenses (except such as are incurred in making public roads) in acquiring the land, and otherwise in relation to the allotments, may reasonably be expected to be recouped out of the rents obtained in respect thereof. The subsection, which is reprinted in full in the Appendix, page 357, contains a definition of the expression " reasonable rent." Whether the land is taken for allotments or not, subsections 5, 6, 7 and 8 of section 3 and section 1 1 of the same Act are made applicable. These provisions are also reprinted at pages 358 and 360 of the Appendix. Under them the making of an order for purchasing any right to coal or metalliferous ore (s. 3 (8) ), or for purchasing any park, garden, pleasure ground, or other land required for the amenity or convenience of any dwelling-house, or any land the property of a railway or canal company which is or may be required for the purposes of their undertaking is prohibited, and in making an order for purchasing land, regard must be had to the extent of land held in the neighbourhood by any owner, and to the convenience of other property belonging to the same owner, and so far as is practicable the taking an undue or inconvenient quantity of land from any one owner must be avoided (s. 3 (6) ). Persons or bodies corporate Leasing. authorised to sell land for the purposes of the Act (that is for the purposes of section 9 of the Local Government Act, 1894), may, without prejudice to any other power of leasing, lease land to the Parish Council, without any fine or premium, for a term not exceeding no hadden's local government act, 1894. [chap. Compulsory acquisition of land. Super/luous land. Incorporated enactments. Lands Clauses Acts. Railways Clauses Act. Compensation. -Arbitrator. 35 years (s. 3 (7) ). This subsection is applicable to hiring by agree- ment only, but section 9 of the Local Government Act, 1894, relates to the purchase and not to the hiring of land. Section 9, however, is made applicable to the hiring of allotments by a Parish Council under section 10 of the Act, and thus subsection 7 of section 3 of the Act of 1887 will apply to the hiring of allotments by the Parish Council, and to other cases in which the Parish Council are empowered to hire land. Section 11 of the Act of 1887 relates to the sale of superfluous or unsuitable land, and its provisions will apply whether that land has been purchased by agreement or compulsorily. It to a considerable extent supersedes the provisions of the Lands Clauses Acts concerning the same matter. An order for the purpose of the compulsory purchase of land is to incorporate the Lands Clauses Acts, and sections 77 to 85 of the Railways Clauses Consolidation Act, 1845 (^ ^ 9 Vict. c. 20), with the necessary adaptations, but any question of disputed compensation is to be dealt with in the manner provided by section 3 of the Allotments Act, 1887,^ and provisoes (a), {b), and {c) of subsection 4 of that section are incorporated with section 9 of the Local Government Act, 1894, and are to apply accordingly. Li determining the amount of disputed compensation, the arbitrator, under section 3 of the Act of 1887, is not to make any *addit"onal allowance in respect of the purchase being compulsory (s. 9 (10) ). The order should itself incorporate the enactments referred to, and make what adaptations are necessary in those enactments. The Lands Clauses Acts as a whole are applicable to compulsory purchases of land under the Local Government Act, 1894, but those provisions of the Acts which relate to the purchase of lands by agreement have been referred to previously on page 104, and it is only necessary to refer now to such of the provisions of the Acts relating to purchase otherwise than by agreement as will be applicable to the compulsory acquisition of land under the Local Government Act. To some extent the provisions with respect to the service of notices on persons interested in lands proposed to be taken will be superseded by the notices which will be prescribed under section 9 (3) of the Local Government Act, but it may be observed that the notices under the Lands Clauses Acts are required to demand from the parties interested the particulars of their estate and interest, and of the claims they make in respect thereof (8 & 9 Vict. c. 18, s. 18). Questions of disputed compensation will not be dealt with according to the Acts, but in the manner provided by section 3 of the Allotments Act, 1887, namely, by a single arbitrator appointed by the parties, or, if they do not concur in the appointment of a single arbitrator, then on the application of either of them, by the Local Government Board. An arbitrator so appointed is to be deemed an ^ Sec page 358 of the Appendix. VI.] ACQUISITION OF LAND. Ill arbitrator within the meaning of the Lands Clauses Acts, and the Compulsory provisions of those Acts with respect to arbitration will apply. He is ^'^'^^^ °"- not to follow the practice which independently of legal authority has ^°c^om"uisor hitherto prevailed of allowing a varying percentage on the actual purchase, value of the property compulsorily taken as a compensation over and above that value in respect of the purchase being compulsory. In Absent parties. the case of a person who by reason of absence is prevented from treating, or who cannot after diligent inquiry be found, a practical surveyor may be nominated by two justices to determine the compensation (8 & 9 Vict. c. 8, s. 59). The arbitrator or surveyor is Severance. to have regard to the damage caused by severance of the land taken from the other lands of the same owner (s. 63). The provisions of the Railway Clauses Consolidation Act, 1845 {■^^'^ Minerals page 294), to be incorporated with an order for compulsory purchase relate to the acquisition and working of minerals in lands purchased for railway purposes. Underlying minerals are excepted out of the con- veyance of such lands unless the minerals are expressly purchased, or their removal is necessary in the construction of the railway (8 & 9 Vict. c. 20, s. 77). But minerals lying near the railway are not to be worked if the company are willing to purchase them (s. 78). If the company are unwilling to purchase the minerals they may be worked by the owner subject to his repairing any damage to the line (s. 79). Compensation must be made to the owner for the restrictions imposed upon him with respect to the working of the mines lying under or near the railway (s. 81). Sections 293 to 296, and subsections (i) and (2) of section 297 Proceedings at ■of the Public Health Act, 1875 (38 & 39 Vict. c. 55) are to '"i"'"^^- apply to a local inquiry held by the Local Government Board for the purposes of section 9, as if those sections and subsections were re-enacted, and in terms made applicable to such inquiry ^ (s. 9 (8) ). The person or persons holding a public inquiry for the purposes of the section on behalf of a County Council are to have the same powers as an inspector or inspectors of the Local Government Board when holding a local inquiry; and section 294 of the Public Health Act, 1875, is to apply to the costs of inquiries held by the County ■Council for the purpose of the section as if the County Council were substituted for the Local Government Board (s. 9 (12)). The provisions of the Public Health Act, 1875, incorporated by these provisions, are reprinted at page 326 of the Appendix. They relate to inquiries by the Local Government Board for the purposes of the Public Health Act, 1875, ^^'^'^ the most important provision is that which gives to the inspector holding the inquiry siniilar powers to those which poor law inspectors have in relation to witnesses and their examination, the production of papers and accounts, and the ^ See also the general provisions as to local inquiries, page 204. 112 HADDEN'S local government act, 1894. [CHAP. Compulsory acquisition of land. Proceedings at inquiries. Costs of inquiries. Counsel and expert witnesses. Execution of order. Conveyance of land to Parish Council. inspection of places and matters required to be inspected (38 & 39 Vict. c. 55, s. 296). The powers of poor law inspectors in relation to inquiries are conferred by the Poor Law Board Act, 1847 (10 & II Vict., c. 109). An inspector may summon any persons to be examined before him upon the matter of the inquiry, or to produce and verify, on oath, any books, contracts, agreements, accounts, writings or copies of the same, in anywise relating to such matter, and not relating to or involving any question of title to lands. No person is to be required, in obedience to a summons of the inspector, to travel more than 10 miles from his place of abode (s. 21). The Local Government Board or the County Council, as the case may be, may make orders as to the costs of inquiries, and as to the parties by whom, or the rates out of which the costs are to be borne, and an order may be made a rule of the High Court on the applica- tion of any persons named therein (38 & 39 Vict. c. 55, s. 294). These special provisions as to local inquiries for the purpose of the compulsory acquisition of land seem scarcely necessary in view of the general provisions in section 72 of the Local Government Act, 1894, with respect to local inquiries.^ The general provisions will also be applicable to inquiries under section 9 of the Act, so far as they do not conflict with the special provisions. At any inquiry or arbitration held under section 9, the person or persons holding the inquiry or arbitration are to hear any authorities or parties interested by themselves or their agents, and to hear witnesses, but are not, except in such cases as may be prescribed by the Local Government Board, to hear counsel or expert witnesses (s. 9(11)). An order for compulsory purchase is to be carried into effect, when made on the petition of a District Council, by that Council, and in any other case by the County Council (s. 9 (9) ). When the order is made on the petition of the District Council, it is only reasonable that they should carry it into effect, as they stand in the position of promoters of the undertaking under the Lands Clauses Acts, but the object of requiring the County Council to carry the order into effect in all other cases is not evident, as the land itself is to be conveyed to the Parish Council under sub- section (14). It will be the duty of the County Council in the case of compulsory acquisition to carry on all the negotiations until the land is conveyed to the Parish Council, although, when the Parish Council acquire land by agreement under section 9 (i), they will themselves do everything that is necessary. Where the land is acquired otherwise than for allotments, it is to be assured {i.e., conveyed) to the Parish Council ; and any land See page 204. VI.] ACQUISITION OF LAND. I I purchased by a County Council for allotments under the Allotments Compulsory Acts, 1S87 and 1890, and the Local Government Act, 1894, or any -icquisition. of them, is to be assured to the Parish Council, and, in that case sections 5 to 8 of the Allotments Act, 1887, are to apply as if the Parish Council were the sanitary authority (s. 9 (14)). Section 9 relates only to the compulsory acquisition of land for the Fpr purposes purposes of the Parish Council and for allotments, and it follows as councn and for a natural consequence that land acquired otherwise than for allot- ^"°""ents. ments should be conveyed to the Parish Council, but the provision in subsection (14) is necessary on account of the direction in subsection (9), that the order for compulsory acquisition is to be carried into effect by the County Council. Not only land acquired for the Parish Council is to be conveyed to them, but also any land purchased by the County Council for allotments is to be conveyed to the Parish Council. A Parish Council is not authorised to purchase land for allotments, but, under this provision, they will acquire such land as has been already purchased or will in future be purchased for allotments by the County Council. The effect of the provision is to supersede the powers of the County Council, conferred by section 3 of the Act of 1890, to delegate or transfer their powers under the Act to the defaulting District Council. Although the land will be conveyed to the Parish Council, the responsibilities of the de- faulting District Council under the Act of 1890 will remain unaffected. Sections 5 to 8 of the Act of 1887, which will be applicable to the land for allotments assured to the Parish Council, confer full powers for the improvement and adaptation of land for allotments and for the management of the allotments. The sections are reprinted in the Appendix, pages 358 to 360. The expenses of a County Council incurred under section 9 are to Expenses of be defrayed in like manner as in the case of a local inquiry by a °""'^ °""'^' " County Council under the Act (s. 9 (19)). Subsection (12) of section 9, to which reference has been previously made, empowers the County Council to make orders as to the costs of a local inquiry held by them for the purpose of the section, and the provision in subsection (19) directs how expenses, other than such as may be dealt with in orders as to costs under subsection (12), are to be defrayed. The expenses of local inquiries generally are dealt with in section 72, but the effect of the reference in section 9 (19) is very obscure. Where a County Council hold a local inquiry on the application of a Council, or of any inhabitants of a District or Parish, the expenses are to be paid by the Council of that Parish or District, or in the case of a parish which has not a Parish Council, by the Parish Meeting, but, subject to this, the expenses are to be paid out of the county fund (s. 72 (4)). The County Council do not hold inquiries under section 9 on the application of a Council, or of any inhabitants of a District or Parish, although inquiries under H 114 iiadden's local government act, 1894. [chap. Compulsory acquisition of land. Application of section to Allot- ments Act, iSqo. that section are incidental to the representations or petitions which may be made to the Council, and it seems doubtful if any but the second alternative in section 72 (4; is applicable to the general proceedings of the County Council under section 9. If that is so, their expenses generally must be paid out of the county fund. Where, under the Allotments Act, 1890, the Allotments Act, 1887, applies to the purchase of land by the County Council, that Act is to apply as amended by section 9 of the Local Government Act, 1894 ('•9 (17))-.. This provision in effect, requires that the provisions of section 9 of the Act of 1894 and not those of the Act of 1887 relating to the acquisition of land shall, in future, be acted upon by the County Council in every case where they acquire land for allotments. Voluntary and compulsory hiring. Hiring for Allotments. A Parish Council are empowered to hire land for allotments, and if they are satisfied that allotments are required, and are unable to hire by agreement on reasonable terms suitable land for allotments, they are to represent the case to the County Council, and the County Council may make an order authorising the Parish Council to hire compulsorily for allotments, for a period not less than fourteen years nor more than thirty-five years, such land in or near the parish as is specified in the order. The order is, as respects confirmation and otherwise, to be subject to the like provisions as if it were an order of the County Council made under section 9, and that section is to apply as if it were re-enacted with the substitution of " hiring " for " purchase" and with the other necessary modifications (s. 10 (i) ). The Local Government Act, 1894, contemplates that where land is to be purchased for allotments, the Rural District Council should under ordinary circumstances acquire the land. When allotments have been provided by a Rural District Council for a parish, they may practically be placed under the control of the Parish Council by that council applying for the election of allotment managers.^ Land purchased in default of the Rural District Council by the County Council for allotments, will, under the Act, be conveyed to the Parish Council, and entrusted to their management. A District Council can obtain powers to purchase land compulsorily for allotments, but their powers as to hiring can be exercised by agreement only. It is probable that in many rural parishes, the very effective powers of hiring conferred on the Parish Council by the new Act, will be relied upon where allotments are required, in preference to invoking the aid of the Rural District Council. No intervention of any other authority will be necessary where the Parish Council hire by agree- Sec page 58. VI.] ACQUISITION OF LAND. 115 ment, and the fact that they may by an order of the County Council, Hiring for be empowered to hire compulsorily, will often smooth the way for ^ °""^"'^- voluntary hiring. In a case where hiring by agreement is found impossible, the Parish Council may make a representation to the County Council for an order authorising compulsory hiring. Before a District Council can purchase or hire land for allotments, Preliminary they must be of opinion that there is a demand for allotments for the knd can"be^'^°'^'' labouring population, and that such allotments cannot be obtained ^"lu'^ed for at a reasonable rent and on reasonable conditions by voluntary arrange- ment between the owners of lands suitable for such allotments and the applicants for the same, and when they have acquired land, they can let the allotments only to persons belonging to the labouring population resident in the district or parish for which the allotments are provided (50 & 51 Vict. c. 48, s. 2) ; but no such conditions have to be observed when a Parish Council hire land for allotments. The only condition laid down by the Local Government Act in connection with the hiring of land for allotments is that, where a Parish Council are unable to hire by agreement on reasonable terms suitable land for allotments, and seek powers of compulsory hiring, they must first be "satisfied that allotments are required." An order of the County Council for compulsory hiring will be subject Order for to the same procedure as is required for an order of compulsory purchase htTn'^g.''*"'^^ under section 9. A local inquiry by the standing committee of the County Council will be necessary before the order is made ; and another local inquiry will be required before the Local Government Board can confirm the order, if a memorial is presented to them against the order. There will be an appeal to the Local Government Board where the County Council refuse to make an order. The County Council will carry into effect any order of compulsory hiring. Section 10 contains further provisions specially applicable to hiring for .allotments which demand attention. The order for compulsory hiring may apply, with the adaptations Lan.i, clauses prescribed by the Local Government Board, such of the provisions of '^'^"'" the Land Clauses Acts (including those relating to the acquisition of land otherwise than by agreement) as appear to the County Council or Local Government Board sufficient for carrying into effect the order, and for the protection of the persons interested in the land and of the Parish Council (s. 10 (8) ). The provisions of the Lands Clauses Acts have been referred to, in connection with section 9, on pages 104 and no. It will rest with the County Council making the order, or, where the order is made by the Local Government Board, with that lioard to determine by the order what adapted provisions shall apply to the parti- cular hiring. Nothing in section 10 is to authorise the compulsory hiriiig of any Saving for mines or minerals, or confer any right to take, sell, or carry away any smanloidings. gravel, sand, or clay, or authorise the hiring of any land which is ii6 hadden's local government act, 1894. [chap. Hiring for Allotments. ^saving as to Minerals and Small Holdings. • Small Holdings," Definition of. Resumption of possession to work minerals. Arbitration. already owned or occupied as a small holding within the meaning of the Small Holdings Act, 1892 (55 & 56 Vict. c. 31) (Local Govern- ment Act, 1894, s. 10 (9) ). "Small holding," for the purposes of the Small Holdings Act, 1892, means land acquired by a County Council under the powers and for the purposes of the Act, and which exceeds one acre, and either does not exceed fifty acres, or, if exceeding fifty acres, is of an annual value for the purposes of the income tax not exceeding ;^s° (55 (S: 56 Vict. c. 31, s. I (2)). This is the general meaning of the expression "small holding" throughout the Act of 1892, and it applies Only to land acquired by a County Council, but in section 17 of the Act the expression " small holding " is used in connection with a holding which a tenant has agreed to purchase from his landlord. That section enables the County Council to make an advance to the tenant on the security of the holding to an amount not exceeding four-fifths of the purchase money. It seems agreeable to the spirit of the provision in section 10 (9) of the Local Government Act, 1894, that a small holding of the size and value mentioned in section 16 of the Act of 1892, is not to be hired compulsorily, whether or not it is a holding to which the provisions of that Act have been applied. If the land hired under section 10 is at any time during the tenancy of the Parish Council shown to the satisfaction of the County Council to be required by the landlord (that is, the person for the time being entitled to receive the rent of the land so hired) for the purpose of working and getting the mines, minerals, or surface minerals there- under, or for any road or work to be used in connection with such working or getting, the landlord may resume possession upon giving to the Parish Council twelve calendar months previous notice in writing of his intention so to do, and upon such resumption he must pay to the Parish Council and to the allotment holders such sum by way of compensation for the loss of the land for the purposes of allotments as may be agreed upon by him and the Parish Council, or in default of agreement as may be awarded by a single arbitrator to be appointed in accordance with the provisions of section 3 of the Allotments Act, 1887, and the provisions of that section are to apply to such arbitrator (Local Government Act, 1894, s. 10 (10) ). This provision is not restricted to land hired compulsorily, and it apparently gives to the landlord an absolute right to resume possession where he requires the land to work minerals, notwithstanding the terms of any agreement he may have made with the Parish Council to the contrary, subject to his compensating the Parish Council and allotment holders for disturbance of the possession of the land. A single arbitrator, appointed in accordance with the provisions of section three of the Allotments Act, 1887, and to whom the provisions VI.] ACQUISITION OF LAND. 117 Hiring for Allotments. Arbitration. of that section are to apply, is empowered to determine any question — (a) as to the terms and conditions of the hiring ; or (d) as to the amount of compensation for severance ; or (c) as to the compensation to any tenant upon the determination of his tenancy ; or (d) as to the apportionment of the rent between the land taken by the Parish Council and the land not taken from the tenant ; or (e) as to any other matter incidental to the hiring of the land by the Council, or the surrender thereof at the end of their tenancy ; but the arbitrator in fixing the rent is not to make any addition in respect of compulsory hiring (s. 10 (2) ). The arbitrator, in fixing rent or other compensation, is to take into ^°"JP^i"^tfon b^°^ consideration all the circumstances connected with the land, and the adjustment of use to which it might otherwise be put by the owner during the term '''"'■ of hiring, and any depreciation of the value to the tenant of the residue of his holding caused by the withdrawal from the holding of the land hired by the Parish Council (s. 10 (3) ). Any compensation awarded to a tenant in respect of any deprecia- tion of the value to him of the residue of his holding caused by the withdrawal from the holding of the land hired by the Parish Council is, as far as possible, to be provided for by taking such compensation into account in fixing, as the case may require, the rent to be paid by the Parish Council for the land hired by them, and the apportioned rent, if any, to be paid by the tenant for that portion of the holding which is not hired by the Parish Council (s. 10 (4) ). Under the Act, land may be compulsorily hired by the Parish Council for allotments, although existing tenants are disturbed by such hiring. Compensation is to be made to the tenant upon the deter- mination of his tenancy, but, in order to lessen as far as practicable, the necessity for a Parish Council paying out money other than rent for the hiring of land for allotments, the compensation awarded to a tenant, who retains possession of part of his holding for any depre- ciation of value to him of that part by reason of a portion of his holding being taken by the Parish Council, is to be provided for by increasing the rent payable by the Parish Council, and decreasing the rent payable for the part of the holding retained by the tenant. This method of adjustment seems inapplicable where the tenant has no agreement or lease, as he might by subsequent action of the landlord in raising his rent be deprived of the benefit awarded to him by the arbitrator. The award of the arbitrator or a copy thereof, together with a report Keportof signed by him as to the condition of the land taken by the Parish Council, must be deposited and preserved with the public books, writings, and papers of the parish, and the owner for the time being of the land, is at all reasonable times to be at liberty to inspect and to take copies of the same (s. 10 (5)). Il8 IIADDEN'S local government act, 1894. [CHAP, Hiring for Allotments. Report of arbitrator. Compensation on determination of tenancy. Management of allotments. Size. This provision will afford evidence on which to base the amount of compensation due under subsection (7), on the determination of any tenancy created by compulsory hiring. The custody of the public books, writings, and papers of the parish has been previously dealt with on page 70. On the determination of any tenancy created by compulsory hiring a single arbitrator appointed in accordance with the provisions of section 3 of the Allotments Act, 1887, is empowered to determine as to the amount due by the landlord for compensation for improve- ments, or by the Parish Council for depreciation, and such compensa- tion is to be assessed in accordance with the provisions of the Agricultural Holdings (England) Act, 1883 (46 ^147 Vict. c. 61), (Local Government Act, 1894, s. 10(7)). Where the tenancy is created by voluntary hiring, the provisions of the Agricultural Holdings (England) Act, 1883, would apply on the determination of the tenancy. In case of difference as to the amount and mode and time of payment of compensation, the difference is to be settled by a referee or by two referees and an umpire (46 & 47 Vict. c. 61, ss. 8, 9). In the case of a compulsory hiring, a single arbitrator appointed as provided above, will determine the amount due by the landlord for compensation for improvements, or by the Parish Council for depreciation. The Act of 18S3 does not provide for depreciation except as a set-off by the landlord against a claim for compensation (46 & 47 Vict. c. 61, s. 7), but compensation is by section 10(7) of the Local Government Act, 1894, to be assessed according to the Act of 1883. There are three classes of improvements mentioned in the first schedule of 46 & 47 Vict. c. 6 r, for which compensation may be claimed subject to the observance of the conditions required. Part I of the Schedule enumerates improvements to which the consent of the land- lord is required before the improvement is made ; they consist of permanent works, such as laying down permanent pasture, making fences, planting orchards, &c. Part II mentions only one improvement, namely, drainage, in respect of which notice to the landlord is required before the work is done. Part III enumerates improvements to which the consent of the landlord is not required ; they are the application of manure and other ameliorators of the soil, such as lime, clay, &c. Sections 5 to 8 of the Allotments Act, 1S87, are to apply to any allotment hired by a Parish Council in like manner as if that Council were the sanitary authority and also the allotment managers, subject to the following provisions : — The Parish Council — {a) may let to one person an allotment or allotments exceeding one acre, but, if the land is hired compulsorily, not exceeding in the whole four acres of pasture or one acre of arable and three acres of pasture ; and VI.] ACQUISITION OF LAND. II9 (/') may permit to be erected on the allotment any stable, cow- Hiring for 11 ■> ^ ' Allotments. house, or barn ; and [c) shall not break up, or permit to be broken up, any permanent |^;"^idings. pasture, without the assent in writing of the landlord (s. 10 (6) ). The same sections are made applicable to land acquired for allot- ments, and assured to the Parish Council under section 9 (14) ; but in the case of land hired by a Parish Council the provisions of these sections will be modified as stated above. The sections, of which the text is given at pages 358 to 360 of the Appendix, confer full powers for the improvement and adajDtation of land for allotments, and for the management of the allotments. By section 7 of the Allotments Act, 1887, one person is not permitted to hold any allotment or allotments acquired under that Act exceeding one acre, and no building other than a toolhouse, shed, greenhouse, fowl house, or pigstye is to be erected on any part of any allotment. If any such other building is erected, the District Council must forthwith pull it down, and sell and dispose of the materials. In the case of land hired by a Parish Council for allotments the restriction as to the area let to one person is removed altogether where the hiring is by agreement, and is relaxed to the extent mentioned in section 10 (6) of the Local Government Act, 1894, where the hiring is compulsory. Whether the hiring is by agreement or compulsory, the Parish Council may permit the erection of a stable, cowhouse, or barn. The power of the Parish Council to deal with the land in the manner indicated in section 10 (6) might, however, be modified by the express terms of a hiring by agreement. The enactment, so far as it is permissive, simply removes or modifies statutory restrictions, and confers no absolute right on the Parish Council, irrespective of obligations which they may have voluntarily incurred to the person from whom the land has been hired. There is no definition, for the purpose of the assent in writing of the landlord for the breaking up of permanent pasture, of the expression "landlord," but it no doubt means the person entitled to receive the rent, as in subsection 10. A report of any proceedmgs under sections 9 and 10 is required to Report to be annually laid before Parliament by the Local Government Board proceedTngs (s. ID (11) ), and that Board are also to lay before Parliament any order made by them under section 9, overruling the decision of the County Council not to make an order for the compulsory acquisition of land (s. 9 (s) ). CHAPTER VII. Constitution^ Term of Office and P7^oceedings of Boards of Guardians and District Councils — Place of Meeting — Coniviittees of Parish and District Councils — London Vestries and District Boards. Qualification and A THOROUGH revolution is effected by the Local Government Act, election. 1 894, in the quahfication of electors, the mode of election, and the qualification of members of Boards of Guardians and of the new District Councils (other than Town Councils) in whom are merged Urban and Rural Sanitary Authorities/ Noex-officio With the exception of two authorities there will be no ex-officio memjer,. ^^ nominated members of any of these authorities (Local Government Act, 1894, ss. 20 (i), 23 (i)). Two exceptions. In the City of Oxford, the Corporation of the Guardians remains as Oxford. constituted under their local Act, and only those members who are elected by the ratepayers of parishes will be elected under and subject to the provisions of the new Act (s. 60 (6) ). The ex-ofificio and other members who represent the University and colleges will be un- affected by the Act. idershot. Nothing in the Act is to affect any powers of the Secretary of State under the Public Health Supplemental Act for Aldershot, 1857 (20 & 21 Vict. c. 22), or the position of persons nominated under those powers (s. 59 (6) ). The Home Secretary under this provision nomi- nates three members of the Urban District Council of Aldershot. Boards of Guardians. Subject to the retention of their privileges by the University of Oxford, the provisions relating to guardians apply to every Board of Guardians" throughout the kingdom, including Guardians of Unions within the Administrative County of London and County Boroughs (s. 30), whether constituted under the general law or under a local Act. Guardians under Where Under any local and personal Act guardians are elected for districts, whether called by that name or not, the provisions of the ^ See Introduction pages 4 and 5 as to the former provisions relating to the election and constitution of Boards of Guardians and Urban and Rural Sanitary Authorities. - See the definition of " Board of Guardians," page 8. GUARDIANS AND DISTRICT COUNCILS. 121 Act with respect to the election of guardians apply as if each of the Boards of ... ^ ■ ^ / ^ / \ \ >-'-■' (iuardians. districts were a parish (s. 60 (4) ). — The parochial electors ^ of a parish are the electors of the Eie.-tors . guardians for the parish, and if the parish is divided into wards for the election of guardians, the electors of the guardians for each ward are such of the parochial electors as are registered in respect of qualifica- cations within the ward (s. 20 (3) ). Each elector may give one vote and no more for each of any One man one vote number of persons not exceeding the number to be elected (s. 20(7)). The election '" is to be, subject to the provisions of the Act, con- Mo Je of election ducted according to Rules framed by the Local Government Board (s. 20 (s) ). No person is qualified ^ to be elected or to be a guardian unless Qualifications of he is a parochial elector of some parish within the union, or has during g^^'^'^'ans. the whole of the twelve months preceding the nomination (s. 75 (2) ) resided in the union, or in the case of a guardian for a parish wholly or partly situate within the area of a borough, whether a county borough or not, is qualified to be elected a councillor for that borough, and no person is to be disqualified by sex or marriage for being elected or being a guardian. So much of any enactment, whether in a public, general, or local and personal Act, as relates to the qualification of a guardian is repealed (s. 20 (2) ). The wording of this provision is not so clear as it might be with respect to the third qualification mentioned, but there is no sufficient ground for holding that in the case of a guardian for a parish, wholly or partly within a borough, the qualification prescribed is exclusive of the other two qualifications. It is simply an additional alternative. A person may, therefore, be elected and be a guardian — (i) If he is a parochial elector of some parish within the union; or (2) If he has during the whole of the twelve months preceding the election resided ■* in the union ; or (3) If in the case of a guardian for a parish wholly or partly situate within the area of a borough he is qualified to be elected a councillor for that borough. The expression " parochial elector," when used with reference to a Tosition of parish in an urban district, or in the county of London, or any county borough, means any person who would be a parochial elector of the ^ See page 206. ^ As to elections under the Act, see Chapter XII. •' As to the disqualifications for office, see page 217. ^ As to what constitutes "residence," see page 29. women. 122 HADDEN'S local GOVERNMENT ACT, 1 894. [CHAP. Boards of Guardians Position of women. Clergymen. Term of office and retirement parish if it were a rural parish (s. 75 (2) ), and a married woman may be registered as a parochial elector under section 43, whether a parish is in a borough or not. A feme sole may also be a parochial elector, as she may be on the Local Government Register of Electors. If registered as a parochial elector, a woman, whether married or single, may be elected a guardian. She is also (jualified if she has resided for the specified time in the union. But in the case of the third alterna- tive qualification for a guardian of a parish wholly or partly in a borough, namely, the being qualified to be elected a councillor for that borough, the position of a woman under the Local Government Act is not at all satisfactory. The Act expressly provides that no person shall be disqualified by sex or marriage for being elected or being a guardian, whilst it makes no provision for placing a women in the non- resident list of persons qualified to be elected councillors of the borough. 'I'hat list comprises those persons, who being occupiers of property within the borough, and having been rated and paid rates for the qualifying period, reside more than seven miles and within fifteen of the borough. They are not entitled to be enrolled as burgesses because they reside more than seven miles from the borough, but they are qualified to be elected councillors, if their names are entered in the separate non-resident list, which is subject to revision in the same manner as the burgess list. Women cannot be placed in the list, as they are not qualified to be elected councillors of a borough ; and under the Local Government Act, in spite of the provision removing the disqualification of sex and coverture they cannot apparently be elected guardians for a parish wholly or partly in a borough, if they rely on the fact that if men they would be entitled to be placed upon the non-resident list. This is a defect in the Act, but any other conclusion is only possible by a straining of its language. A woman to be elected as a guardian, whether for a parish within or without a borough, must rely on one of the first two alternative quali- fications, namely, that she is a parochial elector or a resident in the union. A person in holy orders, or the regular minister of a dissenting congregation, cannot be qualified under the third alternative, as he is disqualified for being elected or for being a counciUor of a borough [Municipal Corporations Act, 1882, (45 & 46 Vict. c. 50) s. 12]. Ordinarily the term of office of a Guardian will be three years, and one-third, as nearly as may be, of every Board of Guardians will go out of ofifice on the 15th day of April in each year, and their places be filled by the newly-elected guardians ; but {a) Where the County Council on the application of the Board of Guardians consider that it would be expedient to provide for the simultaneous retirement of the whole of the Board, they may direct that the members shall retire together on the 15th of April in every third year, and the order will have full effect, VII.] GUARDIANS AND DISTRICT COUNCILS. 123 and where a Union is in more than one county, an order may be made by a joint committee of the Councils of those counties ; and (I?) Where at the passing of the Act the whole of the guardians of any Union, in pursuance of an order of the Local Government Board, retire together at the end of every third year, they are to continue so to retire, unless the County Council, or a joint committee of the County Councils, on the application of the Board of Guardians or of any District Council of a district wholly or partially within the Union, otherwise direct (s. 20 (6) ). These provisions as to the term of office of Guardians effect an important change in many Unions. For the most part the whole Board of Guardians have hitherto held office for a year only. Orders of the Local Government Board have in some cases provided for a simultaneous triennial retirement of the whole body of guardians, and in a few instances for the annual retirement of one-third of the guardians. The general rule under the Local Government Act, 1894, is that one-third of the body are to retire each year, subject to the power of the County Council to direct a simultaneous retirement of the whole body in every third year, and subject to the continuance of any similar existing arrangement under an order of the Local Govern- ment Board. But the existing arrangement may be altered by the County Council on the application of the Board of Guardians or of any District Council of a district wholly or partly within the Union. In the case of a Union situated wholly or partly in a County Borough, the Council of that Borough will have jurisdiction under section 20 (6). The jurisdiction of the Local Government Board under the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57), and the Poor Law Amendment Act, 1867 (30 & 31 Vict, c, 106), to inquire into the right of any person to act as an elective guardian, and to order a new election in the case of casual vacancies in any Board of Guardians, will cease after the appointed day (Sched. 2). Boards of Guardians. Term of office and retirement. Relation of Rural District Council to Guardians. Guardians as such will not be elected under the Act for any parish or other area in a rural district ; but the rural district councillors elected for the parish or other area will be the representatives of that parish or area on the Board of Guardians, and when acting in that capacity are to be deemed to be Guardians of the Poor (s. 24 (3) ). The guardians representing the rural area of the union used to form the Rural Sanitary Authority. Under the new Act, the principal authorities in both rural and urban districts are the District Councils, and members of these authorities will be elected as such. The members of a Rural District Council will represent their parishes or other areas on the Board of Guardians ; whilst, for the urban parishes or areas in the union. Guardians will be separately elected as Guardians for rural parishes are elected as district councillors. Guardians for urban parishes or areas are elected separately. 124 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Constitution of Board of Guardians. Qualification, &c., of rural councillors. Number of rural councillors and guardians. Parishes divided by Act. Powers of County Council to alter number of guardians or rural district councillors. Uniting parishes for elections. such. Whilst the Act thus makes the constitution of a Board of (luardians for a union dependent, to the extent that the union is rural, upon the elected rural district councillors, it is, on the other hand, so drafted as to make it necessary to refer to the provisions relating to guardians in order to explain the mode of election, term of office, and other matters connected with rural district councillors. The provisions of the Act, with respect to the qualification, election, and term of office and retirement of guardians, apply to rural district councillors, and any person qualified to be a guardian for a union comprising the district is qualified to be a district councillor for the district (s. 24 (4) ). Under this provision the electors have a very wide choice in the election of persons to fill the the office of rural district councillor, see page 121. The number of councillors for each parish or other area in a rural district must necessarily be the same as the number of guardians for that parish or area (s. 24 (2) ) to make this scheme practicable. The number of guardians is, where the general law applies, fixed by the orders of the Poor Law Commissioners and their successors under the Poor Law Acts [Poor Law Amendment Act, 1834 (4 & 5 Will. IV. c. 76), s. 38], and will remain the same under the new Act until any alteration is made in accordance with its provisions ; but where a parish is divided by the Act into two or more new parishes,^ then, subject to any order made by the County Council, there is to be one guardian, and, if it is in a rural district, one district councillor for each of the new parishes (s. 79 (2)). The Council of each County may, from time to time, by order, fix or alter the number of guardians or rural district councillors to be elected for each parish within their county, and for those purposes may exercise powers of adding parishes to each other and dividing parishes into wards, similar to those which, by the Acts relating to the relief of the poor, are, for the purpose of the election of guardians, vested in the Local Government Board (s. 60 (i) ). The County Council may, under this provision, add any parish in a union, the population of which does not exceed 300, and the aggregate rateable value of which does not exceed the average rateable value of the parishes in the same union, to some adjoining parish in the union for the purpose of the election of guardians [Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122), s. 6]. As the district councillor elected for a rural area is to represent that area on the Board of Guardians, it is evident that only parishes of the same character must be added to one another. An urban parish should only be added to an urban parish, and a rural parish to a rural parish. ^ Sec page 10. VII.] GUARDIANS AND DISTRICT COUNCILS. 1 25 Under section 12 of the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), the County Council ma)' divide any parish into wards for the election of guardians, and elections, determine the number of guardians to be elected for each ward, due regard being had to the value of the rateable property therein ; but they have no power to alter a ward that has once been formed, whether under this provision or under a local Act. The Council of each county may, for the purpose of regulating Regulation of the retirement of guardians or rural district councillors, in cases retirements, where they retire by thirds, and in order that, as nearly as may be, one-third of the persons elected as guardians for the union, and one-third of the persons elected as rural district councillors for the district, shall retire in each year, direct in which year or years of each triennial period the guardians or district councillors for each parish, ward, or other area in the union or rural district shall retire (s. 60(2)). Although, where the guardians and rural district councillors retire by thirds there will be an election every year in some parts of the union or district, there will not be an election every year for each parish. It will be the duty of the County Council to regulate the retirement of guardians and rural district councillors so as to secure the requisite rotation. Where a poor law union is situate in more than one county. Unions in more the power, under section 60, of fixing or altering the number of ' ^" °"^ county, guardians or rural district councillors, and of regulating the retire- ment of guardians and district councillors, is to be exercised by a joint committee of the Councils of the counties concerned,^ but if any of those Councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed are to act as the joint committee. If any order of the joint committee is, within six weeks after the making thereof, objected to by any of the County Councils concerned, or by any committee of any of those Councils authorised in that behalf, it is to be of no effect until confirmed by the Local Government Board (s. 60 (3) ). Where the guardians and rural district councillors retire by thirds, g^r!t'ekaed °^ one-third, as nearly as may be, of those first elected under the Act, councillors and save as hereinafter mentioned, are to continue in office until the 15th ^"^'' '^"'" of April, 1896, and then retire; and one-third, as nearly as may be, are to continue in office until the 15th of April, 1897, and tlien retire; and the remainder are to continue in office until the 15th of April, 1898, and then retire (s. 79 (3) ). The guardians and rural district councillors to retire respectively in April, 1896, and in April, 1897, are to be the guardians and rural ■^ A joint committee of County Councils is appointed under section 81 of the Local Government Act, 1S88 (51 and 52 Vict. c. 41). Retirement of };uardians and district councillors in 1896 and 1897. County boroughs Chairman, vice- chairman iind other additional guardians. Constitution of committee. 126 IIADDEN'S LOCAL (JOVLRX.MENT ACT, 1 894. [CHAP. district councillors for such parishes, wards, or other areas, as may be determined by the County Council for the purpose of the rotation (s. 79 (4) ). Previous mention has been made of the provisions of section 60 which relate to the power of the County Council to regulate the retirement of guardians and of rural district councillors. Under the section a joint committee of the County Councils concerned exercise the power where a union is in more than one county. Where guardians or rural district councillors retire together at the end of the triennial period, the guardians and district councillors first elected under the Act are to retire on the 15th of April, 1898 (s. 79 (5) )• In the case of a union wholly or partly within a county borough, the Town Council of the borough will have jurisdiction under the pro- visions of sections 60 and 79 above referred to, so far as those sections relate to guardians. Supplementary Provisions as to Guardians. A Board of Guardians may elect a chairman or vice-chairman, or both, and not more than two other persons, from outside their own body, but from persons qualified to be guardians of the union, and any person so elected will be an additional guardian and member of the Board. On the first election, if a sufficient number of persons who have been ex-officio or nominated guardians of the union, and have actually served as such, are willing to serve, the additional members are to be elected from among those persons (s. 20 (7) ). This restriction of choice applies to the first election only. It is not obligatory on the Board of Guardians to elect these additional members, but, if they exercise the power, they must, on the occasion of the first election, give preference to those ex-officio or nominated guardians who have actually served as guardians and are willing to continue to serve. The chairman and vice-chairman will be elected for one year^ (Local Government Act, 1894, s. 59 (i) (2) ■ 38 & 39 Vict. c. 55, Schedule i. Part i, r. 3), but the other additional guardians will hold office for three years as provided by subsection (6) of section 20 of the Local Government Act, 1894. Union Assessment Committee. The constitution of the Union Assessment Committee, which the Board of Guardians of every union formed under the Poor Law Amendment Act, 1834, are required by section 2 of the Union Assess- ment Committee Act, 1862 (25 & 26 Vict. c. 103), to appoint at their first meeting after the annual election of guardians,- from among themselves, will be affected by the abolition of ex-officio ^ See pages 134 and 135. - The Local Government Board have advised Guardians that this committee, shoidd be appointed as usual in 1894. See their circular letter of 3rd of April 1S94, printed at page 400 of the Appendix. VII. GUARDIANS AND DISTRICT COUNCILS. 127 Constitution of school attend- ance committee guardians. Under the Act of 1862 the committee appointed was to Assessment consist of any number not less than six nor more than twelve '^°"^™'"^^- guardians, and where there was an adequate number of ex-officio guardians one-third at least of the committee was to consist of such ex-officio guardians. The Local Government Act, 1894, repeals the reference to ex-officio guardians, whilst it leaves untouched the provision as to the number of the Assessment Committee (Sched. 2). In future the Committee will consist wholly of elected guardians to the number of not less than six nor more than twelve. It is the duty of the Committee to generally supervise the valuations of rateable hereditaments within the union. The valuation lists are in the first place made by the Overseers, and deposited with the Committee, who hear any objections to the lists, and make any alterations that may be necessary before they finally approve them. An appeal lies to Quarter Sessions against valuation lists. School Attendance Committee A School Attendance Committee appointed by guardians under section 7 of the Elementary Education Act, 1876 [39 & 40 Vict. c. 79], may consist of from six to twelve elected guardians, as the requirement that one-third at least of the committee shall consist of ex-officio guardians, is repealed by the Local Government Act, 1894 (Schedule 2). Powers of Guardians If, in the case of a rural parish or of any urban parish in respect to ^f^l^^J"^™^"' which the power of appointing overseers has been transferred under the Act, notice in the prescribed form of the appointment of overseers ^ is not received by the guardians within three weeks after the 15th of April, or after the occurrence of a vacancy in the office of overseer, as the case may be, it will be the duty of the guardians to make the appointment or fill the vacancy, and any overseer appointed by the guardians will supersede any overseer previously appointed whose appointment has not been notified (s. 50). The powers of the guardians in respect of the sale, exchange, or S-^'?- ^"^c-- of letting of any parish property, is in a parish having a Parish Council p^"^^ p"^p^">- transferred to that Council (s. 6 (i) (d), and so much of any enactment as authorises the appointment of assistant overseers by a Board of Appointment of Guardians is repealed as from the appointed day (s. 81 (6)). The ass^tant over- power of appointing an assistant overseer is conferred on the Parish Council" (s. 5 (i)), or Parish Meeting^ (s. 19 (5)), as the case may be. The Board of Guardians of a union elected in pursuance of the Act „ • 11 1 • -111 T r 1 T 1^-1 Powers under Will, save as otherwise provided by an order of the Local Government local Acts. Board made on the application of those guardians, have the same See page 40, See page 39. •' See page 25. 128 hadden's local government act, 1894. [chap. Powers of guardians. Local Acts Definition of District Council Change of name Provision where failure to elect. powers and duties under any local and personal Act as the existing Board of Guardians (s. 60 (5) ). Under local Acts, Boards of Guardians sometimes exercise the powers of overseers, or collect the rates, or have other powers not possessed by guardians under the general law. On an application of a Board of Guardians, agreed to by a majority at two successive meetings, the Local Government Board may, by a provisional order which requires the confirmation of Parliament, repeal or alter any of the provisions of such a local Act [Poor Law Amendment Act, 1S67 (30 & 31 Vict. c. 106), s. 2 ; Poor Law Amendment Act, 186S (31 & 32 Vict. c. 122), s. 3]. District Counxils. Li the Local Government Act, 1894, and every other Act, unless the context otherwise requires, the expression " District Council " is to include the Council of every urban district, whether a borough or not, and of every rural district, and the expression " county district " is to include every urban and rural district whether a borough or not (s. 21 (3)). This provision has no application to a county borough (s. 35) ; and the Council of a county borough will not, except where it may be otherwise provided, be a " District Council," nor will the borough be a " county district." Any District Council may, with the sanction of the County Council, change their name and the name of their district. The change of name is to be published in such manner as the authority authorising the change may direct, and must be notified to the Local Government Board. The change will not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name (s. 55). The authority authorising the change of name would be the County Council, and it rests with them to direct the mode of publication. Li terms the provision relates to every District Council, and enables the name of a borough to be changed, but it does not seem applicable to a borough. If any District Council, other than a Borough Council, become unable to act, whether from failure to elect or otherwise, the County Council of the county in which the district is situate may order elections to be held, and may appoint persons to form the District Council until the newly elected members come into office (s. 59 (5) ). ^Vhere there is a failure to elect guardians, the persons elected on the previous occasion may continue under section 10 of the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57), to act as guardians until the next election. But this would be subject to the provision in section 24 (3) of the Local Government Act, 1894, under which persons appointed by the County Council to form a Rural District VIL] CxUARDIANS AND DISTRICT COUNCILS. 129 Establishment of Rural District Council. Constitution of Council. Council would be the representatives on the Board of Guardians of the parish or area for which they were appointed rural district coun- cillors. Rural District Councils. For every Rural Sanitary District there is to be a Rural District Council whose district is to be called a Rural District (s. 21 (2) ). The Rural District Council succeeds under section 25 the Rural Sanitary Authority. Rural district councillors will represent the areas for which they are elected on the Board of Guardians ; but otherwise there will be no connection between the new Rural District Councils and the Boards of Guardians and the respective bodies will be entirely independent authorities. A Rural District Council will consist of a chairman and councillors, and the councillors will be elected by the parishes or other areas for the election of guardians in the district. The provisions of the Act relating to the number, qualification, election, term of office and retirement of guardians, as shown on pages 121 to 126, apply to rural district councillors. The chairman of the Rural District Council may be elected from outside the councillors (s. 59(0). Where a Rural Sanitary District is on the appointed day situate in Districts in more than one Administrative County, such portion of the district as coumVf " °'^'^ is situate in each administrative county will, save as otherwise provided by or in pursuance of the Local Government Act, 1894, or any other Act, be as from the appointed day a rural district. If the number of councillors of any district so formed will be less than five, the provisions so far as unrepealed, of section 9 of the Public Health Act, 1875, '^'ith respect to the nomination of persons to make up the members of a rural authority to five, are to apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the District Council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district will be entitled, so far as regards those affairs, to sit and act as members of that District Council, but a separate account is to be kept of receipts and expenses in respect of the district, and the same are to be credited or charged separately to the district (s. 24 (5) ). The provisions of section 9 of the Public Health Act. 1875, referred to, are to apply to the District Council of a rural district to which they applied at the passing of the Local Government Act, 1894 (s. 24 (6)). Persons nominated to make up the members of a Rural District Council to five will not be guardians of any union of which the Rural District may form a part. Under section 36 (i) (i) a Joint Committee of the County Councils 130 hadden's local government act, 1894. [chap. Districts in more than one county. Powers of County Councils concerned may, for special reasons, by order direct that the division of a rural district situated in more than one county shall not take place. The order must be made before the appointed day. It will be the duty of the County Council to provide, unless for special reasons they otherwise direct, for uniting every rural district which will have less than five elected councillors to some neighbouring district or districts (s. 36 (i) (iii) ). There will be two classes of small rural districts to be dealt with by the County Council — those that now exist, and those which will be created by the division of districts in more than one county. Where the County Council direct that such a small rural district shall not be united with any neighbouring district, the Local Government Board are authorised under the unrepealed provisions of section 9 of the Public Health Act, 1875, from time to time by order to nominate such number of persons as are necessary to make up the number of five councillors. The persons so nominated should be qualified to be rural councillors (s 20 (2)). Instead of increasing the number of councillors the Local Government Board may, in the case of a small Rural District Council formed by the division under the Act of a district in more than one county, order that the affairs of the district shall be temporarily administered by the undivided District Council, but separate accounts are to be kept in respect of such small district. An arrangement of this character is to be temporary only, and the intention of the provision seems to be that the arrangement should be continued only so long as to allow of the necessary administrative changes being conveniently made for the purpose of absorbing the small district in one or more neicrhbouring districts. Officers of divided districts. Incorporation of Rural District Council. Common seal. Where a rural sanitary district is divided by the Act, any officer for the district will hold his office as such officer for each district formed by the division, and his salary is to be borne by the respective districts in proportion to their rateable value at the commencement of the local financial year next after the passing of the Act (s. 81 (5) ), that is on the ist of April, 1894.^ Every District Council for a rural district will be a body corporate by the name of the District Council, with the addition of the name of the district, or if there is any doubt as to the latter name, of such name as the County Council direct, and will have perpetual succession and a common seal, and may hold land for the purposes of their powers and duties without licence in mortmain (s. 24 (7) ). The title of a Rural District Council under this provision is " The Rural District Council for the Rural District of [Battle.]" There may be a doubt as to the name of a new rural district formed by the ^ See remarks on page 12 as to the similar provision with respect to divided parishes. "VII.] GUARDIANS AND DISTRICT COUNCILS. I^I division of a rural district in more than one county. Provision is made in section 55 (3) for changing the names of councils and •districts where desired.' Urban District Councils. Urban Sanitary Authorities are from the appointed day to be Urban Sanitary called Urban District Councils, and their districts are to be called become District urban districts ; but the style or title of the Corporation or Council of Councils, a Borough is not to be altered by this provision (s. 21 (i) ). In the case of urban districts the Local Government Act, 1894, establishes no new authorities, although it materially alters the constitution and mode of electing urban authorities other than Town Councils. There will consequently be no break in the continuity of the authorities, and the change of name will not affect the identity of an urban sanitary authority as a corporate body or derogate from their powers, and any enactment, whether in a public, general, or local and personal Act, referring to the members of the authority will, unless inconsistent with the Local Government Act, continue to refer to the members of the authority under its new name. A Change of name. District Council may, with the sanction of the County Council, change their name and the name of their district^ (s. 55 (3) ). There is no express provision in the Act with respect to the style which Urban District Councils should assume ; but, following the analogy of Rural District Councils, the name of an Urban District Council should be " The Urban District Council for the Urban District of [Penrith]." The constitution of and mode of election and retirement of members of Urban District Councils, not being Town Councils, is practically the same as prescribed for Rural District Councils.^ The Act does not in any way affect the election of Town Councils. The parochial electors^ of the parishes in the district are the Electors, electors of the councillors, and, if the district is divided into wards, the electors of the councillors for each ward are such of the parochial electors as are registered in respect of qualifications within the ward - Powers. A further power is given to the Local Government Board to direct PowerT^an ^y general order that any of the powers, duties, and liabilities of Urban Authority Urban Sanitary xVuthorities under the Public Health Acts or any other Act shall be conferred on Rural District Councils, and that any provisions of those Acts relating to urban districts shall apply to rural districts (s. 25 (5) ). An order under this provision may be made by the Local Govern- ment Board on their own initiative but it must be a " general order," that is, an order which at the time of issuing is directed to and affects more than one Rural District Council. It is the practice of the Local Government Board to describe a general order as such at the time of issuing it. The power to make such general orders is to be in addition to and not in substitution for the powers conferred on the Local Government Board by section 276 of the Public Health Act, 1875, or by any enactment applying that section ; and every such general order made by the Local Government Board is to be forthwith laid before Parlia- ment (s. 25 (6) ). Where a Rural District Council have determined to adopt plans for the sewerage or water supply of any contributory place within the district, they must give notice thereof to the Parish Council of any parish for which the works are to be provided before any contract is entered into by them for the execution of the works (s. 16 (3). The Parish Council will thus have an opportunity of considering what the District Council are proposing to do ; but the Act confers no power on them to interfere with the discretion of the Rural District Council in the performance of their duties with respect to sewerage or water supply. Any action that the Parish Council could take would be in the way of recommendation only. A Rural District Council may delegate to a Parish Council any power which may be delegated to a parochial committee under the Public Health Acts, and where the District Council appoint a paro- chial committee consisting partly of members of the District Council and partly of other persons, those other persons must, where there is a Parish Council, be selected from the members of the Parish Council (s. 15). It will be competent for the Rural District Council to appoint all the parish councillors members of the parochial committee in con- junction with members of the District Council. This provision has been treated of in connection with the powers of the Parish Council, see page 67. HIGHWAY POWERS. powers" "High- All thc powcrs, dutics, and liabilities of any Highway Authority way Authorities, in their district ccase to exist, and are from the appointed day trans- Delegation to Farish Council. VIII.] POWERS OF RURAL DISTRICT COUNCILS. 147 ferred to the Rural District Council. That Council becoine the successors of the Highway Authority, and also have as respects highways all the powers, duties, and liabilities of an Urban Sanitary Authority under sections 144 to 148 of the PubUc Health Act, 1875 {38 & 39 Vict. c. 55), and those sections are to apply in the case of a rural district and of the council thereof in like manner as in the case of an urban district and an urban authority. But the Council of any County may by order postpone within their county or any part of the county, the operation of this provision for a term not exceeding three years from the appointed day, or such further period as the Local Government Board may on the application of such Council .allow (s. 25 (i) ). The Rural District Council succeed under this provision to any Highway Board or authority having the powers of a Highway Board, and where a parish separately maintained its own highways to the Surveyor or Surveyors of Highways or other officers performing similar duties (Local Government Act, 1888, s. 100). But they do not take over from a County Council the management of main roads, as a County Council are not included in the expression, "Highway Authority." Where the Rural Sanitary Authority have exercised the powers of a Highway Board under sections 4 and 5 of the Highways and Locomotives (Amendment) Act, 1878 (41 &: 42 Vict. c. 77), the Rural District Council as successors to the Rural Sanitary Authority will continue to do so, and will have the additional powers and duties relating to highways of an urban authority conferred by section 25 (i) of the Local Government Act, 1894. The Rural District Council after the transfer has taken place will within their district, exclusively of any other person, execute the office of and be Surveyor of Highways, and have, exercise, and be subject to all the powers, authorities, duties, and liabilities of Surveyors of High- Avays, and of the inhabitants in Vestry under the Highway Acts. All ministerial acts required by any Act of Parliament to be done by or to the Surveyor of Highways may be done by or to the surveyor of the Rural Authority, or by or to such other person as they may appoint (38 & 39 Vict. c. 55, s. 144). Under section 29 of the Highways Act 1835, the consent of four-fifths of the inhabitants of any parish con- tributing to the highway rate, at a meeting specially called for that purpose is necessary before the highway rate may exceed at any one time lod. in the pound, or 2s. 6d. in the pound in the whole in any one year, but this provision will not be applicable to a rate levied for highway expenses by a Rural District Council. — Dyson v. Greetlana Local Board (13 Q. B. D. 946 ; 53 L. J., M. C , 106 ; 48 J. R 596. Highway Powers. Council becomes successors of the Highway Authority. Postponement. Highway Boards and Surveyors of Highways. Main Roads. Powers under the Pubhc Health Act, 1875. Inhabitants of the District will not in respect of any jjroperty K 2 148 HADDEN'S local government act, 1894. [CHAP. Highway Powers. Powers under the Public Health Act,iS75. Bridges. Turnpike and other Roads. County Bridges " Excluded part." situated in the di.sti"ict, be liable to the payment of highway rate or other payment, not being a toll, in re.spect of making or repairing road.s or high\vay.s outside the district. In addition to the powers of a surveyor of highways and of the vestry of a highway parish, the Rural District Council will have certain additional powers under the Public Health Act. They may agree with any person for the making of roads in their district for the public use through his lands and at his expense, and may agree that the roads shall become on completion, highways maintainable and repairable by the inhabitants at large within their district ; they may, also, with the consent of two-thirds of their number, agree with such person to pay any portion of the expenses of making the roads (38 &; 39 Vict. c. 55, s. 146). There is a similar provision enabling the Rural District Council to agree with the proprietors of any canal, railway, or tramway, to adopt and maintain any existing or projected bridge, viaduct, or arch in! their district, over or under the canal, railway, or tramway, and the approaches thereto, or to construct at the expense of the proprietors any such structure, or with the consent of two-thirds of the Council to agree to contribute towards the expenses of the construction or alteration of any such structure, or the purchase of lands for the foundation or support of, or approaches to any such structure (s. 147). Further, the Rural District Council may by agreement with the trustees of any turnpike road, or with any person liable to repair any street or road, or with the surveyor of any county bridge take on themselves the maintenance, repair, cleansing, or watering of any such street or road, or of any road over any county bridge and the approaches thereto within their district, and may remove any turnpike gates, toll gates, or bars within their district, and erect others in lieu thereof on such terms as may be agreed (s. 148). The section contains safeguards for the mortgagees of the tolls of any turnpike road, but so far as the enactment relates to turnpike roads it is now practically obsolete as nearly all turnpike trusts have been wound up. Where the Council of a rural district become the Highway Authority for that district, any "excluded part " of a parish under section 216 of the Public Health Act, 1875, which is situate in that district, will cease to be part of any urban district for the purpose of highways, but until the Council become the highway authority the " excluded part " will continue subject to that section (s. 25 (4) ), The enactment referred to, which is printed at page 317 of the Appendix relates to the management of highways in a parish partly included in an urban district. It directs that where the excluded part was, before the constitution of the urban district, liable to con- tribute ro the highway rates of the parish, it shall for all purposes connected with the repairs of highways and the payment of highway Tin.] POWERS OF RURAL DISTRICT COUNCILS. 149 rates be considered to be and be treated as forming part of the urban Highway district. Under certain circumstances the owners and ratepayers of -^Z" the excluded part could decide that for all purposes connected with "_^E''ciuded highways, surveyors of highways, 'and highway rates, the excluded part should be considered and treated as a parish maintaining its own highways. An excluded part becomes by section i (3) of the Local Government Act, 1894, a separate civil parish^; but if the Rural District Council do not, when they come into office, become the Highway Authority, the excluded part will, until the District Council do so become, continue for the purpose of highways to form part of the urban district. Under ordinary circumstances the highway expenses of a Rural •'^p^"^*'^- District Council are to be defrayed as general expenses of the Council, <"'*^"^''^'- that is, they will be a charge upon the whole rural district. But this direction of section 29 of the Local Government Act, 1894, is subject to the special provision that a District Council are to have the same Special. power of charging highway expenses under exceptional circumstances on a contributory place as a Highway Board had in respect of any area under section 7 of the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77). If, therefore, the District Council think it just, by reason of natural differences of soil or locality, or •other exceptional circumstances, that any contributory place or places should bear the expense of maintaining its or their own highways, they may (with the approval of the County Council or of the County Councils within whose county or counties their district is situated) divide their district into two or more parts, and charge exclusively on each of such parts the expenses of maintaining and keeping in repair the highways situated in each such part. Each part must consist of one or more contributory places. Any order of the County Council postponing the transfer of highway powers to the Rural District Councils must be made before the appointed day, namely, the day on which the first elected rural ■ district councillors come into office, and in the absence of any such order the Rural District Council will on that day succeed to every Highway Authority in their district (Local Government Act, s. 25 (i) ). but where an order of a County Council postpones the operation of the provision relating to highways as respects their county or any l)art of the county the day on which the postponement ceases will, as .respects the county or part, be the appointed day (s. 84 (4) ). Where before the appointed day the highway expenses were charged t'rSermi 'on a particular parish or other area and not on a district, the District highways. 'Council may determine that the highways in that parish or area shall be placed in proper repair before the expenses of repairing the same Order of postponement. ^ See page 10. I50 iiadden's local coverxment act, 1894. [chap. Highway Powers. Repair of transferred highways. Expenses of Parish con- tinuing to repair its Highways. Continuance in office of High- way Boards. Elections in 1894 of Surveyors of Highways. become a charge upon the district, and, faihng .such highways being placed in proper repair to the satisfaction of the District Council, the District Council may themselves place the highways in proper repair,, and the expense incurred by them of placing those highways in proper repair is to be a separate charge on the parish or area. Any question which arises as to whether any such expenses are properly a separate charge on the parish or area is to be determined by the County Council (s. 82 (i) ). This provision is intended to avoid the injustice which might arise where a highway area having roads in good repair becomes under the Rural District Council combined with another area having roads not in proper repair, if each area contributed on the same basis towards placing those roads which required it in proper repair. Three different classes of highway areas may come under the operation of the provision, namely, the ordinary highway parish which separately maintained its own highways, the district or part of the district of a Highway Board, and an " excluded part " of a parish under section 216 of the Public Health Act, 1875^ Where in pursuance of an order of a County Council a parish con- tinues to maintain its own highways after the appointed day, the high- way expenses are not to be deemed to be expenses of the Parish Council or of the Parish Meeting within the meaning of the Local Government Act, 1894 (s. 82 (2) ). Highway expenses will, therefore,, not be taken into account in connection with the limitation of the rate for defraying the expenses of a Parish Council or Parish Meeting-. Contimiaiice in office of Highway Boards. Until the appointed day, namely, the day of the coming into ofifice of the first rural district councillors elected under the Local Govern- ment Act, the persons who at the passing of the Act (that is the 5th of March 1894), were members of Highway Boards continue in office, notwithstanding any want of qualification, as if the term of office for which they were elected expired on that day. A Highway Board con- sists of elected members called waywardens, and of ex-officio members whoare the justices acting for the county, and residing within the high- way district. Both the waywardens and the ex-officio members will be continued in office until the appointed day. A casual vacancy in the office of waywarden occurring before the appointed day would be filled by the justices [Highway Act, 1835 (5^6 Will IV. c. 60) s. 1 1 ;. Highway Act, 1862 (25 & 26 Vict. c. 61) s. 10]. The elections of surveyors of highways under section 6 of the High. ways Act, 1835, and of surveyors forming a Board for the Repair of Highways under section 18 of the Act, take place as usual in 1894 ^ See page 148. - See pages 27 and 69. VIII.] POWERS OF RURAL DISTRICT COUNCILS. 151 and any casual vacancy in the ofifices occurring before the appointed Continuance in day must be filled in the usual manner, as provided by the Act Highway of 1835. Authorities. Where the County Council postpone the transfer of highway powers Elections of to the Rural District Council, the order of postponement must make under Trder°of such provision as may be necessary for holding elections of Highway postponement. Boards during the interval before the appointed day (s. 84 (4) ). \'\^aywardens are elected by the inhabitants of a highway parish at Waywardens, their first meeting in Vestry for the nomination of overseers of the poor in every year (5 & 6 Will. IV. c. 50, s. 6 ; 25 & 26 Vict. c. 61, s. 10). If the County Council make an order of postponement the power to elect the waywardens, being a power of the Vestry, is trans- ferred in a parish with a Parish Council to that Council, and in a parish without a Parish Council to the Parish Meeting (Local Govern- ment Act, 1894, ss. 6 (i), 19 (4) ). An order of postponement doe? not require confirmation by any authority. TRANSFER OF OFFICERS. The officers of a highw^ay authority whose powers and duties become Transfer ot transferred to the Rural District Council, and the officers of the Rural °'''"'"'- Sanitary Authority to whom the District Council succeed become the ofificers of that Council, and for this purpose the body appointing a surveyor of highways is deemed to be a highway authority, and any paid surveyor to be an officer of that body. Every such officer will hold his office by the same tenure and upon Tenure of office. the same terms and conditions as heretofore, and while performing the same duties is to receive not less salary or remuneration than heretofore (s. 81 (i) (4)). Under these provisions a Rural District Council may find that they Rural District have more than one set of officers to perform the same class of duties. itseTf with^o In many instances the district of a Highway Board comprises more sets of officers. than one rural sanitary district, w^hilst the rural sanitary district in its turn is comprised in more than one highway district. Where the former is the case the services of the officers of the Highway Board will, subject to other arrangements being made, have to be divided and given to each authority : and where the latter is the case an allocation of duties must be made by the Rural District Council to whom the officers are transferred. If a Rural District Council succeed to the powers of a Highway Board, the clerk, treasurer, and district surveyor of the Highway Board will become officers of the District Council, who will also have the services of the clerk and other off.cers of the Rural Sanitary Authority whom that Council succeed. As the Rural Sanitary Authority and the Board of Guardians were one and the same authority the clerk and treasurer of the guardians were also clerk and treasurer of the Rural Sanitary Authority. In order to com- pensate those officers for the additional duties imposed upon them in 152 hadden's local government act, 1894. [chat. Transfer of officers. Compensation to transferred officers, whose services are dispensed with. .\ppointment of ofticers. Complaints of Parish Council to County Council. District in more than one county. consequence of their acting as otihcers of the Rural Sanitary Authority it was provided by section 190 of the PubHc Health Act, 1875, that there might be awarded to them in respect of the additional dutie-s such remuneration as the Rural Authority miglit, with the approval of the Local Government Board determine. The section directed that if the clerk of the union was unable or unwilling to undertake the additional duties, the assistant clerk of the union should be appointed to discharge the duties with a remuneration fixed in a similar manner. Difificulties arising out of the transfer of existing officers may be overcome by dispensing with the services of some of the transferred officers, and where those services are dispensed with the officers will be entitled to compensation under the general provisions of the Act, to which reference is made on page 184. Subject to the transfer of officers to the new Rural District Councils, those Councils being authorities entirely independent of the Boards of Guardians, need not, when vacancies arise, necessarily appoint as their clerks or treasurers the union clerks or treasurers. Under section 190 of the Public Health Act, 1875, they are empowered to appoint such officers and servants as may be necessary and proper for the efficient execution of that Act. Although no express power of appointing officers is conferred upon a Rural District Council by the Local Government Act, 1894, such a power is inci- dentally implied, and they would be authorised to appoint and remunerate any officers that might be necessary for carrying the Act into execution, or to take duties under the Act into account in fixing the remuneration of officers appointed primarily to discharge other duties. DEFAULT OF RURAL DISTRICT COUNCIL. Where a Parish Council resolve that a Rural District Council ought to have provided the parish with sufficient sewers, or to have maintained existing sewers, or to have provided the parish with a supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or to have enforced with regard to the parish any provisions of the Public Health Acts which it is their duty to enforce, and have failed so to do, or that they have failed to maintain and repair any highway in a good and substantial manner, the Parish Council may complain to the County Council, and the County Council, if satisfied after due inquiry that the District Council have so failed as respects the subject matter of the complaint, may resolve that the duties and powers of the District Council for the purpose of the matter complained of be transferred to the County Council, and they will be transferred accordingly (s. 16 (i)). If the rural district is situate in two or more counties the Parish Council may complain to the County Council of the county in which VIII.] DEFAULT OF RURAL DISTRICT COUNCILS. 153 the parish is situate, and if the subject-matter of the complaint affects Complaints by any other county the complaint is to be referred to a joint committee of the Councils of the counties concerned. Any question arising as to the constitution of the joint committee is to be determined by the Local Government Board, and if any members of the joint committee are not appointed the members who are actually appointed are to act as the joint committee (s. 63 (2) ). Under the Public Health (Water) Act, 1878 (41 & 42 Vict. c. 25, Water supply, s. 3), it is the duty of every Rural District Council to see that every occupied dwelling-house within their district has within a reasonable distance an available supply of wholesome water sufficient for the consumption and use for domestic purposes of the inmates of the house (s. 3). A similar right to complain of the default of a Rural District PubHc'Heluth Council is conferred on any person by section 299 of the Public Act, 1875. Health Act, 1875 (38 & 39 Vict. c. 55), but a complaint under that enactment is made to the Local Government Board, who are em- powered to require the performance of their duty by the defaulting authority. The mode of procedure prescribed by section 16 of the Local Government Act, 1894, will probably be found more effective in practice on account of the County Council being empowered to perform the duty of the defaulting authority. The provisions of the Act which will have effect on the transfer of the powers of a District Council to the County Council are referred to on page 182. But instead of resolving that the duties and powers of the defaulting counT^'councii Rural District Council be transferred to them in the matter of the complaint of a Parish Council, the County Council may make such an order as is mentioned in section 299 of the Public Health Act, 1875, and may appoint a person to perform the duty mentioned in the order, and upon such appointment sections 299 to 302 of the Public Health Act, 1875, will apply with the substitution of the (bounty Council for the Local Government Board (s. 16 (2)), The County Council accordingly will be enabled to make an order limiting the time for the performance of their duty by the defaulting J3istrict Council in the matter of the complaint. If the duty is not performed by the time limited in the order, the County Council may appoint a person to perform it, and must by order direct that the expenses of performing the same, together with a reasonable remuneration to the person appointed for superintending such [)erformance, and amounting to a sum specified in the order, together with the costs of the proceedings, shall be paid by the defaulting District Council. Any order made for the payment of such expenses and costs may be removed into the Queen's Bench Division of the High Court of Justice, and be enforced in the same manner as an order of the Court (38 & 39 Vict. c. 55, s. 299). Such an order is enforceable against a Corporation by sequestration against the ■corporate property, or by attachment against the officers of the 154 IIADDEX'S LOCAL GOVERNMENT ACT, 1 894. [CIIAT. Default of Rural District Council. Expenses. Loans. Consent to stopping of way. Highways repairable ratione tenura-. Procedure to enforce repair. Corporation, or by writ of sequestration against their property (Rules of the Supreme Court, Order 42, Rule 31). Any sum specified in the order of the County Council, together with the costs of the proceedings, is made a debt due from the District Council and payable out of any of their funds, or out of the local rate, which would be raised in accordance with the provision of section 230 of the Public Health Act, 1875. If the defaulting Council refuses to pay within fourteen days after demand the County (Council may, by order, empower any person to levy by and out of the local rate a sufificient amount to defray the debt (s. 300). When a loan is required for the purpose of defraying the expenses^ of the person appointed in performing the duty of a defaulting District Council an amount certified by the County Council may be advanced by the Public Works Loan Commissioners on the security of the local rate (s. 301), and any principal money or interest for the time being due in respect of any such loan is to be taken to be a debt due from the District Council, and may, in addition to any other remedies, be recovered in the manner in which a debt due from a defaulting District Council is, under the provisions previously referred to, recoverable (s. 302). STOPPING OF PUBLIC WAYS. The consent of the Rural District Council is required for the stopping in whole or in part, or diversion of a public right of way within a rural parish^ (s. 13(1)). Where the transfer to the Rural District Council of the powers of the Highway Authority is postponed by the County Council, under section 25, this consent of the District Council will still be necessary. II. — District Councils (Urban and Rural). HIGHWAYS. Where a highway repairable ratione tefiurce, that is, by the occupier of the lands adjoining the highway to which the hability is attached, appears on the report of a competent surveyor not to be in proper repair, and the person liable to repair the same fails when requested so to do by the District Council to place it in proper repair, the District Council may place the highway in proper repair, and recover from the person liable to repair the highway the necessary expenses of so doing (s. 25 (2) ). . Under Section 34 of the Highway Act, 1862 (25 & 26 Yict. c. 61), as amended by Section 23 of the Highway Act, 1864 (27 & 28 Yict. c. loi), where any highway which any body politic or corporate or person is liable to repair by reason of tenure of any land is adjudged in the manner provided by the Act of 1S62 to be out of repair, the Highway Board may, if they think fit, direct their surveyor to repair See page 65. VIII.] POWERS OF DISTRICT COUNCILS. 155 the highway, and the expenses are to be paid by the party hable to Highways. repair. The procedure for adjudging a highway to be out of repair is Procedure to prescribed by sections i8 and 19 of the Act of 1862. The party h?<^hwa -'?^"^ °^ liable is summoned before the justices, and unless he undertakes to panies liable. repair the road to the satisfaction of the justices or denies his liability to repair, the justices are to direct him to appear at some subsequent petty sessions. In the meantime the justices are required to view the highway, or appoint some competent person to do so, and if satisfied that it is not in a state of complete repair it is their duty to make an order limiting a time for the repair of the highway. If the liability to repair is disputed the justices are to direct a bill of indictment to be preferred at the next assizes against the party charged therewith for suffering and permitting the highway to be out of repair. Similar provisions are in force in South Wales under the South ^\'ales Highway Acts. These enactments are also applicable in a district where a District Council is the Highway Authority, but they do not afford a ready and convenient remedy for enforcing the liability to repair ratione tenurce. The new provision in the Local Government Act provides a procedure which does not require any application to the justices where the liability to repair is not disputed. Where the liability is disputed it will apparently still be necessary to try that issue by mdictment. Section 25 (2) of the new Act does not apply to County Boroughs, Application of but it seems to apply to every other urban district, although the first "*^^ provibions. subsection of section 25 applies to a Rural District Council only. The language is not clear, as the expression in subsection (2), " the District Council " might be construed as referring to the Rural District Council mentioned in the preceding subsection. On the other hand the operation of the section is evidently not restricted to Rural District Councils only, so that it is no violence to the language of subsection (2) to hold that the subsection extends to all urban districts other than county boroughs {see s. 35). Under subsection 10 of section 1 1 of the Local Government Act, 1888 (51 & 52 Vict. c. 41), a County Council may, if they think fit, contribute towards the cost of the maintenance, repair, enlargement, and improvement of any highway or public footpath in the county, although the same is not a main road. The contribution is entirely voluntary on the part of a County Council, and in making it they might seemingly have laid down what conditions they pleased. It is now expressly provided by the new Act that where a Highway Authority receives any contribution from the County Council towards the cost of any highway under this provision of the Act of 1888, the contribution may be made, subject to any conditions for the proper maintenance and repair of such highways, as may be agreed on lietween the County Council and Llighway Authority (Local Govern- ment Act, 1894, s. 25 (3) ), County contribution tO' repair of high- way. Highways. Sale of exhausted land. Consent of Justices. Protection of rights of way and roadside wastes. Obstruction of Highway. Powers of County Councils. 156 HADDEN'.S LOCAL GOVERNMENT ACT, 1894. [CHAP. The consent of justices will not, in future, be required for the sale of land belonging to a parish which has been used for materials for the repair of highways or for the purchase of land with the proceeds of any such sale (s. 52 (3)). Under section 48 of the Highway Act, 1S35, the Highway Authority are authorised and required to sell and convey to some person whose lands adjoin, or, if he refuse to purchase, to any other person any parcels of land expressly allotted under Inclosure Acts to a parish for the purpose of obtaining materials for the repair of the highways, and in which the materials have been exhausted, and to purchase other lands in lieu thereof. The enactment required the consent of justices to the sale and the price to be paid, and also to the purchase of other lands. This consent will no longer be required even where a County Council postpone the transfer of the highways to the Rural District Council. The Local Government Act, 1894, makes it the duty of every District Council other than the Council of a county borough to protect all public rights of way, and to prevent as far as possible the stopping or obstruction of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stoppage or obstruction would in their opinion be prejudicial to the interests of their district, and to prevent any unlawful encroachment on any roadside waste within their district, but the duty thus imposed upon the District Council is not to affect the powers of the County Council in relation to roadside wastes (s. 26 (i) (6)). Independently of this provision every Highway Authority is bound to prevent the stopping or unlawful obstruction of a highway under their control and management, and the provision so far as it relates to such a highway is merely declaratory of previously existing law, but it goes further, in that it imposes a duty on the District Council even where the public way is not within their district if the way is in an adjoining district in the county or counties in which the district is situate, and the stoppage or obstruction would in their opinion be prejudicial to the interests of their district. They thus in such cases share the responsibility of preventing the stopping or obstruction of the way with the Highway Authority in whose district the way actually is. Section 11 (i) of the Local Government Act, 1888, conferred on a County Council the same powers as a Highway Board for preventing and removing obstructions, and for asserting the right of the public to the use and enjoyment of the roadside wastes, but no special powers with respect to roadside wastes were possessed by Highway Boards. In Curtis v. Kesteven Coimty Cojimcil, 45 Ch., D. 504, it was held that the herbage on roadside wastes is not vested in a MIL] POWERS OF DISTRICT COUNCILS. 157 County Council by virtue of section 11 (6) of the Local Government Highways. Act, 1888, and at the instance of the Lord of the Manor and his tenants an injunction was granted to restrain the County Council from cutting and removing the grass, timber, and other growths from the sides of the main road. A roadside waste must either be a part of the highway, in which Encroachment case the ordinary law as to encroachments on the highway is waste, applicable, or be unenclosed land belonging to the owners of the lands adjoining the highway, or be part of the waste lands of a manor. In disputed cases it would often be a difficult question of fact, rather than of law, to determine in which category any particular roadside waste should be placed. The obligation imposed on the District (Council to prevent any unlawful encroachment on any roadside waste within their district must be construed as being applicable only where the public have a right of free passage over the roadside waste, or in other words where it is already part of the highway, or where it torms part of the waste of the manor. It cannot be intended to make it their duty to protect land in ordinary private ownership from unlawful encroachments. Where the roadside waste actually forms, in the case of a main road, part of the highway, it will also be the duty of the County Council to prevent unlawful encroachments. The roadside wastes to which the provision applies must be within the district of the District Council. COMMONS. A District Council may with the consent of the County Council for Protection, &c., the county within which any common land is situate aid persons in °^ commons, maintaining rights of common where, in the opinion of the Council, the extinction of such rights would be prejudicial to the inhabitants of the district ; and may with the like consent exercise in relation to any common within their district all such powers as may, under section 8 of the Commons Act, 1876 (39 & 40 Vict. c. 56), be exercised by an Urban Sanitary Authority in relation to any common referred to in that section ; and notice of any application to the Board of Agricul- ture in relation to any common within their district must be served upon the District Council (s. 26 (2) ). Section 8 of the Commons Act, 1876, which is reprinted in full at Kepiation ana ^ , ^ r 1 A 1 • • I • ,- 1 • niclosure of pages 260 and 261 of the Appendix, requires that notice ot any applica- Commors. tion under the Act in relation to a common (that is of any application to the Board of Agriculture for a provisional order for the regulation or inclosure of a common) which is in or within six miles of any urban district of not less than 5,000 inhabitants shall be served on the Council of that district. In future the notice must be served on any District Council, whether urban or rural, in whose district the common is situated, as well as upon the District Council of any urban district situated within the specified distance of the common. The Urban Authority are empowered to appear at a local inc(uir\. 158 hadden's local government act, 1894 [chap. Commons. Regulation and Inclosure of. Restriction on Inclosure. Public right of way. Encroachment •on roadside waste. Petition to County Council. Transfer of Power. and also to appear before the Board of Agriculture, and to make representations concerning the application. With the sanction of the Board of Agriculture they may contribute towards the maintenance of recreation grounds, or of paths or roads, or the doing of any other matter, for the benefit of their district. They may, with the same sanction, pay compensation in respect to the rights of commoners for the purpose of securing greater privileges for the benefit of their dis- trict. They may also purchase the rights of common. Under certain circumstances they may, with the consent of persons repre- senting at least one-third in value of the interests in the common, be invested by the Board of Agriculture with such powers of manage- ment or other powers as may be expedient. Any District Council, whether urban or rural, and whatever the population of their district, may now, with the consent of the Council of the county in which the common is situated, exercise the powers of an Urban Authority under this provision of the Commons Act. The Law of Commons Amendment Act, 1893 (56 & 57 Vict. c. 57), prohibits the enclosure or (as it is also technically called) approve- ment of any part of a common under the ancient statutes of Merton and of Westminster the second, unless it is made with the consent of the Board of Agriculture, who, if necessary, may, before giving such onsent, hold the same inquiries as are directed by the Commons Act, 1876. Legal Proceedings. Where a Parish Council have represented to the Rural District Council that any public right of way within the district or an adjoining district, in the county or counties in which the district is situate, has been unlawfully stopped or obstructed, or that an unlawful encroachment has taken place on any roadside waste within the district, it is made the duty of the District Council, unless satisfied that the allegations of such representation are incorrect, to take proper proceedings accordingly ; and if the District Council refuse or fail to take any proceedings in consequence of such representation, the Parish Council may petition the County Council for the county within which the way or waste is situate, and if that Council so resolve the powers and duties of the District Council under the Local Government Act, 1894, with respect to the matter will be transferred to the County Council.^ It will be the powers and duties of the District Council concerning whom the petition is made which will be transferred to the County Council, and these powers and duties may relate to a right of way in a district other than that of the defaulting Rural District Council. A District Council may, for the purpose of carrying into effect ection 26, institute or defend any legal proceedings, and generally take such steps as they deem expedient. Any proceedings or steps See page 1S2 as to this transfer. VIII.] POWERS OF DISTRICT COUNCIL.s. 159 Saving for powers of Urban District Council. Commons Act, 1876. taken by a District Council, or by a County Council in default of ^^^.nmon^"'^ the District Council, in relation to any alleged right of way are not — to be deemed to be unauthorised by reason only of such right of Proc'^iedings. way not being found to exist (s. 26 (3) (4) (5) ). If the District or County Council act bona fide and reasonably, they will be protected as regards recoupment of the expenses incurred, although in the result no right of way is found to exist. Supplemental Provisions. Nothing in section 26 is to prejudice any powers exercisable by an Urban Sanitary Authority at the passing of the Act, so that the powers which any urban authority could have exercised under section 8 of the Commons Act, 1876, in respect of a common not within their district, will not be affected by the powers conferred by section 26 on the District Council of the district in which a common is situated in respect of the same matter. The Council of a County Borough are to have the additional powers County conferred on a District Council by section 26. These powers are the R-'ghtfof' power to aid persons in maintaining rights of common and the power Common. to take proceedings or steps in relation to any alleged right of way, '^^ ° ^^'^^ although it may not be found to exist. The powers of a Council of a County Borough with respect to a right of way can only be exercised where the right of way is within the borough. A County Council may employ a District Council as their agents in Di^nict Council the transaction of any admmistrative busmess on matters arising in. County Council, or affecting the interests of, its own district (Local Government Act, 1894, s. 64). This is an extension of the principle of section 28 of the Local Government Act, 1888, which enabled the County Council to delegate, with or without any restrictions or conditions any powers or duties transferred to them in pursuance of the Act to any District Council, except the power of raising money by rate or loan. The provision in the new Act is not restricted to transferred business. The power of a District Council to bind the County Council will depend upon the general law of agency. An appointment of a District Council as agents of a County Council in the transaction of any busi- ness should be made under seal. LICENSING AND OTHER POWERS. duties, and liabilities of As from the appointed day the powers justices out of session in relation to — (a) the licensing of gang masters ; lb) the grant of pawnbrokers certificates ; (c) the licensing of dealers in game; {d) the grant of licences for passage brokers and emigrant runners ; {e) the abolition of fairs and alteration of days for holding fairs ; (/) the execution as the local authority of the Acts relating to petroleum and infant life protection ; Transfer of powers of justices. Licensing powers. Transfer from justices. Gangmaster. Appeal to sessions. Fee for licence. Application for certificate. Refusal of certificate. l6o HADDEX'S LOCAL GOVERNMENT ACT, 1894. [CHAP. and the powers, duties, and liabilities of Quarter Sessions in relation to the licensing of knackers' yards within a County District are trans- ferred to the District Council, to whom all fees payable in respect of the powers, duties, and liabilities transferred will be payable (s. 27). This transfer takes place in every Rural and Urban District, inclu- ding a County Borough (s. 32). Gang Masters' Licences. A gangmaster is any person, whether male or female, who hues children, young persons, or women with a view to their being emplo}ed in agricultural labour on lands not in his own occupation [Agricultural Gangs Act, 1867 (3o&:3i Vict. c. 130) s. 3]. Gangmasters must be licensed by the District Council, and licences which are in force for six months are granted on proof that the applicant is of good character and a fit person to be intrusted with the management of an agricultu- ral gang. An appeal from the refusal of the District Council to grant a licence, lies to the next practicable General or Quarter Sessions (s. 7). No licence is to be granted to any person licensed to sell beer, spirits^ or any other exciseable liquor (s. 6). The fee for a licence is one shilling (s. 9). Section 4 of the Act contains regulations to be observed by every gangmaster with respect to the employment of children, young persons and women. Pawnbrokers' Certificates. A certificate of the District Council under the Pawnbrokers' Act, 1872 (35 &: 36 A^ict. c. 93) is necessary before a pawnbrokers' excise licence can be granted (s. 38). A person intending to apply for the first time for a certificate must : — (i) Twenty-one days at least before the application give notice by registered letter of his intention to one of the overseers of the parish in which he intends to carry on business, and to the superintendent of police of the district, and in the notice set forth his name and address. (2) Within twenty-eight days before the application cause a like notice to be affixed and maintained between 10 a.m. and 5 p.m. of two consecutive Sundays, on one of the doors of the church or chapel of the parish, or if there is no church or chapel, then on some other public and conspicuous place in the parish (s. 42). Section 43 of the Act provides that an application for a certificate shall not be refused except on one or more of the following grounds — (i) That the applicant has failed to produce satisfactory evidence of good character. (2) That the shop in which he intends to carry on the business of a pawnbroker, or any adjacent house and place owned or occupied by him is frequented by thieves or persons of bad character ; and VIII.] POWERS OF DISTRICT COUNCILS. i6i (3) That he has not compUed with section 42. An appeal Ues to Quarter Sessions against a refusal to grant a cer- tificate (s. 52). A certificate is in force for one year (s. 41). The following is the form of the certificate : — , do hereby certify that we do authorise the in the County of , of a licence to carry on the business of a pawnbroker within the Township of [or Parish of We, the District Council of- grant to A. B., of- or other place as the case may be] (Sched. 6). The Act does not authorise any charge for a certificate. Licensing Powers. Pawnbrokers' Certificates. Appeal to Quarter Sessions. Game Dealers' Licences. The District Council are authorised (if they shall think fit) to grant to any person, being a householder or keeper of a shop or stall within their District, and not being an innkeeper or victualler or licensed to sell beer by retail, nor being the owner, guard, or driver of any mail coach or other vehicle employed in the conveyance of the mails of letters, or of any stage coach, stage waggon, van, or other public con- veyance, nor being a carrier or higgler, nor being in the employment of any of the above-mentioned persons, a licence according to a form in Schedule A of the Act empowering the person to whom the licence is granted to buy game at any place from any person who may lawfully sell game, and also to sell the same at one house, shop, or stall only kept by him. Every licence is to be in force for one year next after the granting of it [The Game Act, 1831 (i & 2 Will. IV. c. 32), s. 20; 2 & 3 Vict. c. 35, s. 4; Game Licences Act, i860 (23 & 24 Vict. c. 90), s. 13]. Lmkeepers and tavernkeepers may without a licence sell game for consumption in their own houses if procured from a licensed dealer in game (s. 26). An excise licence must also be taken out by dealers in game (23 & 24 Vict. c. 90, s. 14), and before that licence can be granted, the licence of the District Council must be produced (s. 15). There is no fee for the licence of the District Council. Not to l)e granted to innkeepers, &c. Licences for Passage Brokers and Emigrant Runners. No person is to act as a passage broker, or to sell or let, or be in Passage broker. anywise concerned in the sale or letting of passages in any ship pro- ceeding from the United Kingdom to any place out of Europe and not tjeing within the Mediterranean Sea, unless he has obtained a licence from the District Council for the District in which he has his place of lousiness to let or sell passages. The licence continues in force until the 31st of December in the year in which it is granted, and for thirty-one days afterwards. No licence is to be granted unless the applicant has first given a bond to Her Majesty in the sumof p^i,ooo and fourteen days' notice of his intention to apply for a licence to the Board of Trade. Upon granting the licence, the District Council nuisL L l62 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CITAP. Licensing Powers. Passage brokers and emigrant runners. Notice to Boaril of Trade. Emigrant runner. Abolition. Change of day. By whom executed. send a notice according to the Form in Schedule F of the Act to the Eoard of Trade. [Passengers Act, 1855^ (18 & 19 Vict. c. 119) s. 67]. An emigrant runner is a person other than a Ucensed passage broker or his bona fide salaried clerk, who, within any port or place of ship- ping, or within five miles of the outer boundaries thereof, for hire or reward, or the expectancy thereof, directly or indirectly conducts, solicits, influences or recommends any intending emigrant to or on behalf of any passage broker, owner, charterer, or master of a ship, lodging-house or tavern, or shopkeeper, money changer, or other dealer or chapman, for any purpose connected with the preparation or arrangements for a passage, or gives or pretends to give to such intending emigrant any information or assistance in any way relating to emigration (s. 3). He must be licensed by the District Council of the District in which he acts as an emigrant runner. The licence can be obtained only upon the written recommendation of an emigrant ofificer, or of a chief constable or other head officer of police of the district or place (s. 76). It continues in force until the 31st of December in the year in which it is granted (s. 77). No fees are chargeable for the licences of passage brokers and emigrant runners. Fairs. Under the Fairs Act, 1871 (34 & 35 Vict. c. 12) upon a representa- tion duly made to him by the District Council or by the owner of any fair, that it would be for the convenience and advantage of the public that the fair should be abolished, the Home Secretary may, with the written consent of the owner, order its abolition. Upon the like representation the Home Secretary may, under the Fairs Act, 1873 (36 & 37 Vict. c. 37), order that any fair shall be held upon days other than those on which it has been held, or on or during a less number of days than it has been held. The Acts contain provisions requiring notices of representations made to the Home Secretary, to be given and published, and requiring the orders of the Home Secretary to be published in certain newspapers. Petroleum Acts. The Petroleum Acts, 1871 to 1881, consist of the Petroleum Act, 1871 (34 & 35 Vict. c. 105); the Petroleum Act, 1879 (42 & 43 Vict. c. 47), and the Petroleum (Hawkers) Act, 1881 (44 & 45 Vict. c. 67). The Acts are executed in a harbour by the Harbour Authority to the exclusion of any other local authority ; in an urban district by the Urban District Council, and in a rural district, under the Local Government Act, 1894, by the Rural District Council. Formerly the ' By the Merchant Shipping Bill now before Parliament, it is proposed to repeal this Act and re-enact its provisions. The Bill consolidates the enactments relating to merchant shipping. VIII.] POWERS OF DISTRICT COUNCILS. 163 To what Petroleum Acts apply. Licence of local authority. Conditions. Fee for licence. Appeal to Home Secretary. justices in petty sessions were the local authority in any place not petroieu"m'Acts under the jurisdiction of an urban sanitary authority or a harbour authority (34 & 35 Vict. c. 105 s. 8). The powers of the Harbour Authority remain unaffected by the Local Government Act. The Petroleum to which the Acts generally apply, is that which give-s off an inflammable vapour at a temperature of less than 73" Fahrenheit (42 & 43 Vict. c. 47, s. 2), and as a matter of fact the paraffin oil ordinarily sold for lighting purposes is not within the Acts. Petroleum to which the Acts apply is not to be kept unless in pursuance of a licence of the Local Authority, except where it is kept in separate glass, earthenware or metal vessels, each of which contains not more than a pint, and is securely stopped, and where the aggre- gate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed three gallons (34 & 35 Vict. c. 105, s. 7). Licences may be granted for a limited time subject to renewal or not. The local authority may attach conditions as to the mode of storage and other matters and generally as to the safe keeping of the petroleum. A fee not exceeding five shillings, as the Local Authority think fit, may be charged for a licence (s. 9). There is an appeal to the Home Secretary against a refusal to grant a licence or against any conditions which may be attached to the licence by the Local Authority (s. 10). The Petroleum (Hawkers') Act, 1881, contains regulations for hawking petroleum which apply to any petroleum whatever its flashing point. Infant Life Protection Act, 1894 (35 & 36 Vict. c. 38). This Act makes it an offence for any person to retain or receive Registration of for hire or reward more than one infant, and in case of twins more than two infants, under the age of one year, for the purpose of nursing or maintaining such infants apart from their parents for a longer period than twenty-four hours, except in a house which has been registered (s. 2). The District Council must cause a register to be kept of the name Register to be ■of every person applying to register any house for the purposes of the Act, and the situation of every such house, and they must make bye- laws for fixing the number of infants who may be received into each registered house. No fee is to be charged for registration, and the registration remains in force for one year (s. 3). A District Council may refuse to register any house, unless they .are satisfied that such house is suitable for the purposes for which it is to be registered, and unless they are satisfied by the production of certificates that the person applying to be registered is of good character, and able to maintain the infants intrusted to his care <«• 4): . If it is proved to the satisfaction of the District Council that any Cancelling of person whose house has been registered has been guilty of serious ■''^sistraiion. Refusal to register. l64 HADDEN'S local government act, 1894. [CHAP. t'owers under ncglcct, or is incapable of providing the infants intrusted to his care Protection Act. with proper food and attention, or that the house specified in the register has become unfit for the reception of infants, they may strike his name and house off the register (s. 7). The person registered must immediately enter in a register to be supplied to him gratuitously by the District Council, the name, sex, and age of each infant under his care, and the date at which and the names and addresses of the persons from whom they were received, Register of ^'^d must also enter in the register the time when and the names and infants. addrcsscs of the person by whom every infant received and retained is removed immediately after the removal, and must produce the register when required to do so by the District Council (s. 5). The Act does not apply to the relatives or guardians of any infants, nor to institutions established for the protection or care of infants, nor to any person receiving any infant for the purpose of nursing or maintaining the infant under the provisions of any Act for the relief of the poor (s. 13). Fees or fines. -^^Y moncys arising from fees or fines under the Act were required to be paid to the account of the local rate which, where the justices in Petty Sessions were the local authority, was the county rate (s. 12 and Schedule i). The fees or fines referred to are those which arise out of prosecutions for offences under the Act. After the District Council become the local authority, those moneys will be pa3'able to the credit of the rates of the District Council. In boroughs the Town Council are already under the Act the local authority, so that in their case the Local Government Act effects no transfer of powers. Knackers' Yards. ^'"""- Under the Knackers' Act, 1786 (26 Geo. III. c. 71), s. i, no person is without a licence of the District Council to keep or use any house or place for the purpose of slaughtering or killing any horses, cows, sheep, or other cattle which are not killed for- butchers' meat. Places Certificate of whcre such slaughtering is carried on are familiarly called knackers'" '^'"^■''- yards. The licence is upon the first occasion to be granted upon certificate under the hands and seals of the minister and church- wardens,' or overseers, or of the minister and two or more substantial householders of the Parish wherein the applicant for the Slaugliterhouses. Uccnce dwclls, that he is fit and proper to be trusted with the management or carrying on of the business ; but a licence may be renewed without any such certificate. It continues in force for one year (7 & 8 Vict. c. 87, s. i). Slaughterhouses, in which animals intended for human food only are killed, do not come within the scope of this statute. These slaughterhouses are subject to the ' So far as the churchwardens are concerned, then' powers in this matter prsx to the Parish Council where there is one (Local Government Act, 1S94, ^- 6)(i) (/').. viil] POWERS OF DISTRICT COUNCILS. 165 provisions of sections 169 and 170 of the Public Health Act, 1875, Licensing which are in force in urban districts, and in those rural districts or — ' parts of rural districts where the sections have been put in force. '^"^='^^''^' y^^^^- There are some subsidiary provisions as to slaughterhouses in the Public Health Acts Amendment Act, 1890. Expenses of District Councils. The expenses incurred by the Council of an urban district in the ackHdOTal° execution of the additional powers conferred on the Council by the po^^ers, urban -r t ,-, A r. 1 • 1 • • r 1 district council. Local Government Act, 1894, are subject to the provisions 01 the Act, to be defrayed in a borough out of the borough fund or rate, and in any other case out of the district fund and general district rate or other fund applicable towards defraying the expenses of the execution of the Public Health, Act, 1875 (3^ & 39 Vict. c. 55) (Local Govern- ment Act, 1894, s. 28). All receipts of a Town Council, in their capacity of municipal 1 t>wn council, authority, are paid into the borough fund [Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50) s. 139], and all their expenses in that capacity are paid out of that fund (s. 140). To meet any deficiency in the borough fund the Town Council may order a borough rate to be made. For the purpose of the borough rate the Town Council may, if they consider the valuation lists in the parishes within the borough unfair, cause an independent valuation of the parishes in the borough to be made (s. 144). The Town Council obtain payment of the contribution due from each parish by a warrant issued by the Mayor, signed by him and sealed with the corporate seal, and directed to the overseers, who then levy the rate as part of the poor rate (ss. 145, 148). If, however, part of a parish is within a borough and part not, the Parts of parish, overseers may levy the necessary contributions on the part of the parish liable, as part of the poor rate, or as a separate rate of the nature of a poor rate (s. 146). In some boroughs there are special provisions in force enabling the Town Council to levy the borough rate independently, by means of their own officers. In most urban districts, including boroughs, there is established for the purposes of the Public Health Act, 1875, a district fund District fund. (38 & 39 Vict. c. 55, s. 209), and for the purpose of defraying any expenses chargeable on that fund which it is insufficient to General district meet, a general district rate may be levied by the Urban District ^°'^^' Council. A general district rate may be made prospectively or (to pay expenses incurred within six months before the making of the rate) retrospectively (s. 210). The provisions with respect to the assessment and levying of general district rates are contained in section Assessment. 211 of the Public Health Act, 1875, which is reprinted at page 315 of the Appendix. Tithes, lands used as arable, meadow or pasture ground only, or as woodlands, market gardens, or nursery grounds, and 1 66 IIADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Expenses. Urban districts : assessment. Districts where no general district rate is levied. Rural district councils. General expenses. Special expenses. land covered with water or used only as a canal or towing-path for the same, or as a railway authorised by Act of Parliament, are, under the section, assessed in respect of a general district rate in the proportion of one-fourth part only of the net annual value. Orchards [Public Health (Rating of Orchards) Act, 1890 (53 & 54 Vict. c. 17)], and allotments not more than two acresj in extent [Allotments Rating Exemption Act, 1891 (54 & 55 Vict. c. 33)1 are also rated at one- fourth only of the net annual value. Other property is rated on the full net annual value (38 & 39 Vict. c. 55, s. 211). In some boroughs no general district rate is levied, but the expenses of the Urban Authority, under the Public Health Acts, are paid out of the borough fund, and in certain Improvement Act districts the expenses are payable out of the general fund of the Urban Authority, or out of a rate in the nature of a general district rate leviable by the Authority under their local Act (s. 207). The expenses under the Local Government Act of an Urban District Council other than a borough will be payable out of whatever fund or rate is available for the expenses of the District Council under the Public Health Acts. The expenses incurred by the Council of a rural district are, subject to the provisions of the Act, to be defrayed in manner directed by the Public Health Act, 1875, '^^i^h respect to expenses incurred in the execution of that Act by a Rural Sanitary Authority, and the provisions of the Public Health Acts with respect to those expenses are to apply accordingly (Local Government Act, 1894, s. 29). The mode of defraying the expenses of a Rural Sanitary Authority under the Public Health Act, 1875, is prescribed by sections 229 to 231 of that Act. Those sections are printed at pages 319 to 321 of the Appendix. Under them the expenses incurred by a Rural Authority are divided into general and special expenses. General expenses consist of the expenses of the establishment and officers of the Rural Authority, the expenses in relation to disinfection and providing conveyance for infected persons, and all other expenses not determined by the Act or by order of the Local Government Board to be special expenses. Special expenses comprise the expenses of sewerage and of water supply in any contributory place ' the charges arising out of property transferred to the Rural Authority in trust for any contri- butory place, and all other expenses in respect of any contributory place, and determined by order of the Local Government Board to be special expenses. General expenses are payable out of a common fund raised out of the poor rate of parishes in the rural district according to the rateable value of each contributory place. ' See page 145 as to what is a contributory place. VIII.] POWERS OF DISTRICT COUNCILS. 167 Special expenses are a separate charge on each contributory place ^^'^''f'J^v °^ (38 &: 39 Vict. C. 55, S. 229). "coundL"'' For the contributions due from each contributory place a precept is issued by the Rural Authority to the overseers, requiring them to Contribution pay within a time limited by the precept a specified amount to a '''"^''^'^■ person appointed by the authority. General and special expenses are to be respectively distinguished in the precepts. Any contribution required in respect of general expenses is to be paid by the overseers out of the poor rate, but a contribution in respect of special expenses is to be satisfied by the levy (in the case of an entire parish on the whole of such parish, and in the case of a contributory place or part of a contributory place forming part of a parish by the levy on such place, or such part thereof, exclusive of the rest of the parish) of a separate rate in the same manner as if it were a poor rate, with this exception, that the same partial exemption applies to the separate rate as applies to a general district rate ' in respect of tithes, agricultural, and other lands, which are to be charged at one-fourth part only of the rate in the ;£ payable in respect of houses and other property. Where the amount required by a precept for special expenses is less than ;^io, or where a rate less than one penny in the ;£ would be required to raise the amount a separate rate is not to be levied, and the precept is to be met as if the demand were in respect of general expenses (s. 230). Subject to this last provision dealing specially with cases where the Partial exemp- amount required to meet a precept for special expenses is small, the a°"ic°uu'um? *"'^ Public Health Act, 1875, requires all expenses separately charged on iand. a contributory place as special expenses to be raised by means of a rate towards which tithes and agricultural and other land contribute in the proportion of one-fourth only of their net annual value, and there is under that Act no authority to alter this incidence of a rate levied to meet special expenses. This partial exemption of tithes and agricultural and other land will in every case continue to apply to rates levied for the purposes of the Act of 1875, but the Local Government Act, 1894, provides machinery for making the incidence of a rate levied to satisfy expenses separately charged under its provisions on a contributory place proportionately equal on every class of rateable property in the contributory place. When the Local Government Board determine any expenses under the Local Government Act, 1894, to be special expenses and a separate charge on any contributory place, and such expenses would, if not separately chargeable on a contributory place, be raised as general expenses, they may further direct that such special expenses shall be raised in like manner as general expenses, and not by such separate rate for special expenses as is mentioned in section 230 of the Public Health Act, 1875. ' See page 165. 1 68 hadden's local government act, 1894. [chap. Expenses of Rural District Council. Anomalies of rating. Highway expenses. In case of post- ponement of transfer of powers of high- way authority. In urban districts other than boroughs the Local Government Act by providing that expenses under the Act shall be paid out of the district fund and general district rate, has created this anomalous state of things, that in those urban districts tithes and land will be assessed at one-fourth of their value only, whilst the same class of property will for the purposes of the Act be assessed in boroughs and generally in rural districts on its full value. The difificulty in the way of uniform treatment in this respect was that there is no existing mode of raising expenses in Local Board and Improvement Act districts analogous to a borough rate, or a precept to defray the expenses of a Rural Sanitary Authority. In those districts, only a general district rate or rate of the same nature is levied. Highway expenses are always to be defrayed as general expenses of the Rural District Council subject to the power of the Council to charge those expenses under exceptional circumstances on a con- tributory place.' A highway area which enjoyed the benefit of property or funds applicable to the repair of the highways will continue to do so under the new Act. Where highway expenses would, if the Act had not passed, have been in whole or in part defrayed in any parish or other area out of any property or funds other than rates, the District Council must make such provision as will give to that parish or area the benefit of such property or funds by way of reduction of the rates on the parish or area (s. 29). No satisfactory provision is made by the Local Government Act, 1894, for certain cases which may not infrequently arise where a County Council postpone for a part or parts of their county the transfer of the powers of existing highway authorities to the Rural District Councils, or where neighbouring counties adopt different courses in respect of that matter. A rural district is not necessarily co-terminous with highway parishes or districts, and it may in special circumstances be in more than one administrative county. If a rural district comprises more than one highway district, and as the result of an order of postponement by a County Council, the Rural District Council becomes on the appointed day the highway authority for a part only of their district the question as to how the highway expenses of the District Council are to be defrayed is a matter of much importance. They will be general expenses according to section 29 of the Act, and as such will be payable by every contributory place in proportion to its rateable value, although it will be unfair to those places who have also to pay highway rates during the period of postponement. The provision for charging highway expenses under special circumstances on a contributory place' seems inapplicable as it contemplates not the exemption of any part of the district, but a differential contribution to the expenses incurred by the highway authority. The Local Government Board do not See page 149. VIII.] POWERS OF DISTRICT COUNCILS. 169 seem to be empowered to declare highway expenses to be special in R^rrri)?s^,r°ct the face of the express direction of the Act that they shall be council, defraj'ed as general expenses. Before a County Council determine i„ casroTpost- to postpone within their county or any part of it the provision of the ponement of Act for the transfer of the powers of existing highway authorities, powers of high- the effect of their order on the incidence of rates for highway "■•'^>' authority, purposes in each rural district should be considered. Special funds now available for the repair of the highways of a parish or other area will continue to be so applied that the benefit of those funds will accrue to the particular area for which they have been applicable. There are numerous instances where bequests have been made for the purpose of keeping highways in repair. Urban Councils and London Vestries. In its inception the Local Government Bill was intended to reform the parochial system of local government in rural parishes only ; but the anomaly of leaving the parochial administration in boroughs and other urban districts, and in London, untouched, whilst complete control over the appointment of parish officers and the general affairs of the parish was given to the new Authorities created in rural parishes was found incapable of defence, although, on the other hand, it was admitted that there would be considerable objection to the establish- ment of a remodelled parochial organisation side by side with Town Councils and other Authorities having fuller powers of effective administration. Each borough or town requires individual treatment for the purpose of adjusting the ancient parochial system to the circumstances which have grown up in and around its parishes, and the means of making this adjustment where it is deemed necessary has been found in the familiar device of an order of a government department. On the application of the Council of any Municipal Borough, including a County Borough, or of any other urban district, or of any Sanitary Authority in the Administrative County of London, or of any representative body within a borough, the Local Government Board may make an order conferring on that Council, or Sanitary Authority, or some other representative body within the borough or district, all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revocation of appointment of assistant overseers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a Parish Council, and applying with the necessary modifications the provisions of the Local Government Act, 1894, with reference thereto. The order may provide for its operation extending either to the whole or to specified parts of the area of the borough or other district, and may make such provisions as .seem necessary for carrying the order into effect ; but it is not to alter the Provisions relating to rural parishes made applicable to. Order of Local Government Board to give urban district councils and London sanitary authorities powers of over- seers and of parish councils. I/O HADDEN'S local government act, 1894. [CHAP. Transfer of powers relating incidence of any rate, and must make such provisions as may seem fo rural parisiies. neccssary and just for the preservation of the existing interests of paid officers (s. 33 (i) (3) to (6)). Application for. Bcforc the Local (jovernment Board move in the matter, they must be set in motion by an appHcation from one of the bodies mentioned. In London the Sanitary Authorities to which section ^^ refers are the Vestries mentioned in Schedule A and the District Boards mentioned in Schedule B of the Metropolis Management Act, 1855, as amended by subsequent Acts and the Local Board of Woolwich.' Among the representative bodies who might make an application under the section are Boards of Guardians and Vestries elected under local Acts or otherwise. Li some places a Board of Overseers are elected under a local Act, and an application could apparently be made by such a Board. An application within the meaning of the section could not be made by an ordinary open Vestry, as that would not be a repre- sentative body. The mode of appointing overseers and assistant overseers, and the various powers and duties of Parish Councils, have been fully dis- cussed in Chapters IV. and VI. of this handbook. Among the powers and duties of overseers which are most likely to be applied for are those relating to the valuation of the parish and the collection of Scope of order, ratcs. It docs not seem within the scope of an order of the Local Government Board, under section 2^, to confer on a Town Council, or other body, any of the powers which are in a rural parish trans- ferred from the Vestry or churchwardens to the Parish Council ; although the order might confer any of the powers of overseers on the Town Council or other body. But to this, one exception is expressly Rating of made by section 34, which provides that where an order of the Local Government Board under the Act confers on the Council of an urban district, or some other representative body within the district, either the appointment of overseers and assistant overseers, or the powers, duties, and liabilities of overseers, that order, or any subsequent order, of the Board may confer on such Council or body the powers of the Vestry under the third and fourth sections of the Poor Rate Assessment and Collection Act, 1869 (32 & 33 Vict. c. 41). The powers of the Vestry referred to are mentioned at page 48 of Chapter IV., and sections 3 and 4 of the Act of 1869 are set out at page 296 of the Appendix. It is only necessary to point out that the limit of the rateable value of the hereditaments to which these sections apply differs in various places. In the Metropolis the rateable value of the hereditaments must not exceed ;Q'20 \ in Liverpool, ^13; in Manchester and Birmingham, ^10 ; and in other places the value must not exceed jT^. A Parish Council have greater facilities for the compulsory purchase of land than other Authorities have, and they have the additional privilege of being enabled to hire land compulsorily for allotments. It is to be ' See page 13}^. owners. VIII.] URBAN COUNCILS AND LONDON VESTRIES. I71 expected that application for these powers of a Parish Council will Transfer of r \ 1 • (-1-11 powers relating often be made. Another subject for which the powers of a Parish 10 rural parishes. Council will be coveted is the control of borough and other charities. In this matter the interests of the parishes composing the borough or district, as opposed to the interests of the whole borough or district, may have to be safeguarded. Where it appears to the Local Government Board that, by reason of Charities, the circumstances connected with any parish in a municipal borough (including a county borough), or other urban district divided into wards, or with the parochial charities of that parish, the parish will not, if the majority of the body of trustees administering the charity are appointed by the Council of the borough or district, be properly represented on that body, they may, by their order, provide that such of those trustees as are appointed by the Council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish (s. 33 (2) ). Before making any order with respect to any charity the Local Government Board are required to consult the Charity Commissioners (s. ^^ (7))- Section 14 (3) of the Act does not require that a Parish Council should appoint a majority of the trustees of a non-ecclesiastical parochial charity, but the Bill, as it left the House of Commons, made it obligatory upon the Parish Council to appoint a sufficient number of additional trustees, so that the elective element should always be a majority of the body of trustees. The power of appointment was not confined to charities where there was no elective element. The reference in section ^^ seems to have been intended to refer to the obligation which the Bill, as brought from the Commons, laid upon the Parish Council. In the Lords the provision in question was struck out, and the existing enactment inserted, under which it is only where there is no elective element on the body of trustees that the Parish Council may appoint additional members. They are simply permitted and not required to appoint such members, and the number is not to exceed what the Charity Commissioners allow in each case. The effect of section 33, read with section 14 (3), seems to be no more than this, that an order of the Local Government Board may confer upon a Town Council or other Authority, as the case may be, the power of a Parish Council' to appoint trustees of a non-ecclesiastical parochial charity (that is the power referred to in section 14 (3)), and that in conferring such a power the Local Government Board may, where a district is divided into wards, direct, if the circumstances seem such as to render it proper to do so, that the appointment be made by the councillors elected for the ward or wards comprising the i)arish whose charities are dealt with. It will not be obligatory on the Authority to exercise any power of appointment which may be conferred upon * See page 75. Charities. 172 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. Urban Councils them : but, if thev do exercise the power, the number of trustees they and London. ^ . ' .,, -', , i A.i • ,-, • ■ ,, ^t may appomt will be such as the Chanty Commissioners allow. No restriction is expressly placed upon the discretion of the Commissioners in the matter, but the general intention of section 14 (3) seems to be that the elective members should not be a majority of the whole body of trustees. In London, parishes only are divided into wards,' and the districts under District Boards consist of grouped parishes, the respective Vestries of which elect the members of the District Boards. The provision in section 33 (2) as to districts divided into wards seems generally inapplicable to sanitary districts in the Metropolis. Vestries elected under the Metropolis Management Acts now exercise, as regards charities, the powers and duties which belonged to the open Vestry — In re Hayle's Estate (31 L. J., Ch. 612). Application of Act to Scilly Islands. The Local Government Act, 1894, is to be deemed to be an Act touching local government within the meaning of section 49 of the Local Government Act, 1888 (51 & 52 Vict. c. 41), and a provisional order for the Scilly Islands may, on the application of the Council of the Isles of Scilly, and after such public notice as appears to the Local Government Board sufficient for giving information to all persons interested, be made accordingly (Local Government Act, 1894, Section 49 of the Local Government Act, 1888, which is printed at page 362 of the Appendix, authorised the Local Government Board to apply, by means of a provisional order, confirmed by Parliament, the provisions of that Act and of certain other statutes to the Scilly Islands ; and accordingly by a provisional order of the Local Government Board, confirmed by the Local Government Board's Provisional Order, Confirmation (No. 6) Act, 1890 (53 & 54 Vict. c. 176), a Council of the Isles of Scilly was established. The Isles are divided under the order into five civil parishes, for which overseers are appointed. The Council have some powers of a County Council under the order, and they act also as the Rural Sanitary Authority, and the Highway Authority for the Isles. Section 74 of the Local Government Act, 1894, will enable such of the provisions of the Act as may be suitable to the Scilly Islands to be applied to those Islands. See page 139. CHAPTER IX. Period to which accounts to be made up. Accounts of District and Parish Councils and Parish Meetings — Form of Accounts — Inspection of Accounts — Atidit of Accounts, District and Parish Councils and Parish Meetings. The accounts of the receipts and payments of Parish and District Councils, and of Parish Meetings for parishes not having Parish Councils, and their committees and officers, are required to be made up yearly to the thirty-first day of March, or in the case of accounts which are to be audited half-yearly, then half-yearly to the thirtieth day of September and the thirty-first day of March in each year, and in such form as the Local Government Board prescribe (s. 58 (i) ). The accounts of Local Boards and of Improvement Commissioners and of their respective officers, are now made up and balanced to the 25th of March in each year. Borough accounts are made up half-yearly to the 25th of March and 29th of September in each year. The audit is also half-yearly. The accounts of guardians and their officers and of the overseers and of every collector (which includes an assistant overseer) are required by the General Order for Accounts issued by the Poor Law Board on the 14th of January, 1867, to be made up and balanced to the 25th of March and the 29th of September in each year. These provisions were applicable to the guardians acting as the Rural Sanitary Authority (38 & 39 Vict. c. 55, s. 248), Highway Boards, Surveyors of Highways and Boards for the Repair of the Highways make up their accounts yearly to the 25th of March. Section 58 (i) of the Local Government Act, 1894, applies to the accounts of both Urban and Rural District Councils, including Non-county boroughs other than county boroughs. The accounts of non-county |irb°"^}')istrict boroughs will be made up to the 31st of March and 30th of September in each year, and the accounts of other Urban District Councils will be made up once a year to the 31st of March. Rural District Councils and their officers will make up their accounts half- yearly to the same dates as the Town Councils of non-county Boroughs. Parish Councils, and Parish Meetings, and their officers will make up their accounts yearly to the 31st of March. An assistant overseer is, unless appointed by a Board of Guardians, an officer of the Parish Local Boards and Improve- ment Commissions. Uoroughs. Guardians and overseer^. Highway: Councils, Rural Councils, Parish Councils, Parish Meetings 174 hadden's local government act, 1894. [chap. Period to which to be made up. Assistant over- seer. Guardians and overseers. H ighway authorities. Forms will be prescribed. Inspection of Accounts. Council (where there is a Parish Council (s. 81 (3) ), and his accounts will therefore be made up yearly to the same date as the accounts of that Council. The accounts of guardians and their officers and of the overseers and of any assistant overseer will, in a parish not having a separate Parish Council, until the Local Government Board make any order directing otherwise, continue to be made up and balanced to the 25th of March and the 29th of September. Where the transfer to the Rural District Council of the powers of Highway Authorities under section 25 (i) is postponed, the accounts of the Highway Authority will also, until otherwise ordered by the Local Government Board, be made up to the 25th of March in each year. Probably the Local Government Board will assimilate the period of making up the accounts of officers and authorities not affected by the Act to the dates fixed by the Act for the accounts of other authorities. Under section 73 of the Local Government Act, 1888, the "local financial year" ends on the 31st of March. That year is, under the Act, applicable to the accounts of County Councils, and the same year should apply to the accounts of every Local Authority. A form of accounts will have to be prescribed by the Local Gov- ernment Board for the accounts of Parish and District Councils, and of Parish Meetings, and of their respective committees and officers. Every parochial elector of a rural parish is entitled at all reasonable times, without payment, to inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the Parish Council of the parish or Parish Meeting, or of the District Council of the district in which the parish is situated (s. 58 (4) (5) )• The power of inspection conferred by this provision is in addition to the power to inspect accounts and other documents deposited seven clear days before the audit, see next page. District auditor. Aiidii of AccoJints. The accounts of Parish and District Councils and of Parish Meet- ings for parishes not having Parish Councils, and their committees and officers, except accounts audited by the auditors of a Borough (but inclusive of the accounts of a joint committee appointed by a Borough Council with another Council not being a Borough Council) will be audited by a district auditor, and the enactments relating to audit by district auditors of accounts of Urban Sanitary Authorities and their officers, and to all matters incidental thereto and conse- quential thereon, will apply accordingly, except that in the case of the accounts of Rural District Councils, their committees and officers, the audit is to be half-yearly instead of yearly (s. 58 (2) ). Sections 247, 249, and 250 of the Public Health Act, 1875, which relate to the audit of accounts of Urban Sanitary Authorities and IX.] AUDIT OF ACCOUNTS. 175 Deposit of accounts, &c. their officers are printed at pages 323 to 325 of the Appendix. The Dates of audit, accounts are to be audited as soon as can be after the 31st of March, and, where the accounts are made up half-yearly, the 30th of September in each year by the District Auditors appointed by the Local Govern- ment Board under the District Auditors Act, 1879 (42 &43 Vict. c. 6). The Authority whose accounts are audited, must pay a stamp duty Stamp duty. for accounts thus audited. The District Auditor will give notice to the Authority of the time and place at which the audit will be made, and after receiving that notice the Authority must give at least fourteen days' notice of that time and place, and also of the deposit of accounts they are required to make, by advertisement in one or more local newspapers. A copy of the accounts, duly made up and balanced, together with all rate books, account books, deeds, contracts, accounts, vouchers, and receipts, mentioned or referred to in such accounts, must be deposited in the office of the Authority, and must be open during office hours to the inspection of all persons interested, for seven clear days before the audit, and all such persons may take copies or extracts free of charge. For the purpose of the audit the District Auditor may, by summons, in writing, require the production of all books, deeds, accounts, &c., that he may deem necessary, and may require any person holding or accountable for such books, &:c., to appear before him and sign a declaration as to their correctness. Any ratepayer or owner of property in the parish or district may be present at the audit, and may make any objection to the accounts before the District Auditor, and such ratepayers and owners have the same right of appeal against allowances by a District Auditor as is given in the case of disallowances. The District Auditor must disallow every item of account contrary to law, and surcharge the same on the person making or authorising the making of the illegal payment ; he must charge against any person accounting the amount of any deficiency incurred by the negligence or misconduct of that person, or of any sum which ought to have been, but is not, brought into account by that person. In every case of disallowance or surcharge, he must certify the amount due from such person, and on application by any party aggrieved, must state in writing the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made. Any person aggrieved by disallowance, may apply to the Queen's Bench Division of the High Court for a writ of certiorari^ to remove the disallowance into that court \ or such person may appeal to the Local Government Board against the auditor's decision. Instructions have been issued by the Local Government Board for the guidance of persons desiring to appeal. They are printed at pages 417 and 418 of the Appendix. Production of books, &c. Objection to items. Certificate of auditor. Appeal against auditor's decision 1/6 hadden's local government act, 1894. [chap Audit of accounts. Payment of sums certified. Report of auditor. Audit of accounts of guardians, union officers, overseers and assistant overseers. Audit of accounts of certain boroughs Rules as to publication of notice of audit, &c. Audit of accounts of superseded authorities. Every sum certified to be due from any person by the District Auditor, must be paid by such person to the Treasurer of the Authority within fourteen days after the same has been so certified, unless there is an appeal. If the sum is not paid, the Auditor may recover the same. \\'ithin fourteen days after the completion of the audit, the District Auditor must report on the accounts audited, and deliver his report to the clerk of the County Council, who must deposit the same in their office and must publish an abstract of the accounts in one or more local newspapers. The accounts of guardians and of union officers and of overseers and of any assistant overseer of a parish not having a separate Parish Council, will continue to be audited by the district auditor under sections 32 to 36 of the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 10 1) ; sections 5 to 9 of the Poor Law Audit Act, 1848 (11 & 12 Vict. c. 91) ; sections 9 to 11 of the Poor Law Amendment Act, 1849 (12 & 13 Vict. c. 103); sections 5 and 6 of the Poor Law Amendment Act, 1866 (29 & 30 Vict. c. 113) ; the District Auditors Act, 1879 (42 & 43 Vict. c. 6); and the general order for accounts of the Poor Law Board dated 14th of January, 1867. In the main the provisions as to the audit of union accounts are very similar to the provisions of the Public Health Act, 1875, relating to the audit of accounts of urban sanitary authorities, but notices of the audit are published by the auditor, and no abstract of accounts is required to be published by the guardians, overseers, or other officer whose accounts are audited. In a few cases the accounts of Municipal Corporations are, under their local Acts, audited by district auditors. The accounts in such cases will continue to be so audited. The Local Government Board may, with respect to any audit to which section 58 of the Local Government Act, 1894, applies, make rules modifying the enactments as to publication of notice of the audit and of the abstract of accounts and the report of the auditor (s. 58 (3) )• This provision will enable the Local Government Board to relax such of the requirements relating to publication of the notice of the audit, and of the abstract of accounts as might by reason of the expense involved in the publication, be burdensome to small parishes without any corresponding ad\"antage to such parishes. There does not appear to be any enactment requiring the report of the auditor on the audit of accounts of an urban sanitary authority to be published. The accounts of all receipts and expenditure before the appointed day are to be audited, and disallowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had, IX.] AUDIT OF ACCOUNTS. 177 in like manner as nearly as may be as if the Local Government Act had not passed, but as soon as practicable after the appointed day ; and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day (s. 85 Under this provision the authorities newly elected under the Act in or after November next, will start free and unfettered so far as the accounts of the receipts and expenditure of their predecessors are concerned. The first audit of the accounts of the newly elected authorities will take place as soon as can be after the 31st of March, 1895. CHAPTER X. Transfer of property, debts, &c. Existing con- tracts, deeds, Transfer of Powers, General Provisions Respecting — Savings — Determination of Questions — Adjust- ment of Property and Liabilities — Existing Byc- lazus — Transfer of Poiuers of Defaulting Rural District Councils to County Councils — Existing Officers, General Provisions taking Effect on Transfer of Powers. Where any powers' and duties' are transferred by the Local Government Act, 1894, from one Authority to another Authority — (i) All property^ held by the first Authority for the purpose or by virtue of such powers and duties will pass to and vest in the other Authority, subject to all debts and liabilities affecting the same ; and (2) The latter Authority will hold the same for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if the Act had not passed, so far as the same are not modified by or in pursuance of the Act ; and (3) All debts and liabilities' of the first Authority incurred by virtue of such powers and duties will become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been defrayed if the Act had not passed (s. 67). This provision applies generally to all transfers of powers and duties under the Act, whether taking place at the appointed day or subsequently. In effect the Authority to whom the powers and duties are transferred takes over all the property, relating to those powers and duties, of the Authority from whom the powers and duties are trans- ferred, upon the same terms and conditions, and subject to the same obligations, as applied to the property before its transfer. All contracts, deeds, bonds, agreements, and other instruments subsisting at the time of the transfer, and affecting any of the trans- ferred powers, duties, liabilities, debts, or property, will be of as full force and effect against or in favour of the Council or Parish Meeting to whom the transfer is made, and may be enforced as fully and effectually as if, instead of the Authority from whom the transfer is made, the Council or Parish Meeting had been a party thereto (s. 88 (2) ). ' See the definitions of these expressions, pages 7 and 8. TRANSFER OF POWERS. 179 Nothing in the Act is to prejudicially affect any securities granted Existing secun- before the passing of the Act on the credit of any rate or property "hlrge of debts, transferred to a Council or Parish Meeting ; and all securities, as well as all unsecured debts, liabilities, and obligations incurred by any Authority in the exercise of any powers or in relation to any property transferred from them to a Council or Parish Meeting are to be discharged, paid, and satisfied by that Council or Parish Meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for the Act, that rate may continue to be levied and that power to be exercised either by the Authority, who otherwise would have levied or exercised the same, or by the transferee, as the case may require (s. 86 (i) ). Every rate and precept for contributions made before the appointed current rates. day may be assessed, levied, and collected, and proceedings for its enforcement taken, in like manner as nearly as may be as if the Act had not passed (s. 85 (i) ). An Improvement Commission become, under section 21, an Urban improvement District Council, and are consequently subject to the provisions of the Commissions. Act with respect to the qualification of electors and members of Urban District Councils and with respect to the mode of election ; and, as an Improvement Commission, they are practically merged in the new Urban District Council, who exercise all their functions. To this general disappearance of Improvement Commissions an exception is made where a Commission are also a Harbour Authority. . In that case the Commission are continued unchanged as a Harbour Harixmr""^ ' Authority, and will be quite distinct from the Urban District Council, ••^>"l'■^'■i^''•-• who will succeed to all their other functions. Where any Improvement Commission affected by the Act have any powers, duties, property, debts, or liabilities in respect of any harbour, the Improvement Commission will continue to exist and be elected for the purpose of the harbour, and will' continue as a separate body, as if the Act had not passed, and the property, debts, and liabilities are to be apportioned between the District Council for the district and the Commission so continuing, and the adjustment arising out of the apportionment is to be determined in manner provided by the Act (s. 65). It is made the duty of every Authority whose powers, duties, and Duty of existing liabilities are transferred by the Act to liquidate so far as practicable HquiUairdebts. before the appointed day, all current debts and liabilities incurred by the Authority (s. 86 (2) ). If any question arises, or is about to arise, as to whether any power, duty, or liability is or is not transferred by or under the Act to any Parish Council, Parish Meeting, or District Council, or any property is or is not vested in the Parish Council, or in the chairman M 2 Dcleniuiiatioii of questions as to transfers. i8o iiadden's local government act, 1894. [chap. t'^ert"onsns'^to°' ^'""i overseers of a rural parish, or in a District Council, that transfer. question, without prejudice to any other mode of trying it, may, on the application of the Council, Meeting, or other Local Authority concerned, be submitted for decision to the High Court in such summary manner as, subject to any rules of court, may be directed by the Court ; and the court, after hearing such parties and taking such evidence (if any) as it thinks just, are to decide the question. An appeal lies, with the leave of the High Court or Court of Appeal^ but not otherwise, to the Court of Appeal against any decision of the High (]ourt under the section (s. 70 (i) (3) ). There is no definition of " Local Authority " in the Act, but it apparently means in this provision the authority whose powers, duties,, or liabilities are in question. Adjustment of Where any adjustment is required for the purpose of the Act, or property and of any ordcr, or thing made or done under the Act, then, if the adjustment is not otherwise made, the authorities interested may make agreements for the purpose, and may thereby adjust any property, income, debts, liabilities, and expenses, so far as affected by the Act, or such scheme, order, or thing, of the parties to the agreement. The agreement may provide for the transfer or retention of any property, debts, or liabilities, with or without any conditions, and for the joint use of any property, and for payment by either party to the agreement in respect of property, debts, and liabilities so transferred or retained, or of such joint user, and in respect of the salary or remuneration of any officer or person, and that either by way of an annual payment or, except in the case of a salary or remuneration, by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed by the Local (Government Board ; but where any of the authorities interested is a Board of Guardians, any such agreement, so far as it relates to the joint use of any property, is to be subject to the approval of the Local Government Board. In default of an agreement, and as far as any agreement does not extend, the adjustment is to be referred to arbitration in accordance with the Arbitration Act, 1889, and the arbitrator is empowered to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily, and his award may provide for any matter for which an agreement might have provided. Fund, out >.r Any sum required to be paid by any authority for the purpose of which paymuit adjustment may be paid as part of the general expenses' of exercising their duties under this Act, or out of such special fund as the authority, with the appro^•al of the Local Government Board,. ' See pages 165 lo 169. X.] TRANSFER OF POWERS. l8l direct, and if it is a capital sum the payment is to be a purpose for ^^^^^ out of which the authority may borrow under the Acts relating to the is to bJ'ma'de" authority, on the security of all or any of the funds, rates, and revenues of the authority, and any such sum may be borrowed without the consent of any authority, so that it be repaid within such period as the Local Government Board may sanction. Any capital sum paid to any authority for the purpose of any Appiication^of adjustment is to be treated as capital, and applied with the sanction ^^^^ ' of the Local Government Board, either in the repayment of debt or for any other purpose for which capital money may be applied (s. 68). Where there is no agreement the adjustment will be referred to the arbitrator, and also, so far as an agreement does not extend there will be a reference to arbitration. The Arbitration Act, 1889, is printed at page 366 of the Appendix. The reference under that Act is to a single arbitrator, who can take evidence on oath. His award is final and binding on all parties. A Parish Council can under section 68 borrow in order to pay a capital sum for the purpose of adjustment without the consent of the Parish Meeting or County Council. If at the time when any powders, duties, liabilities, debts, or pr^i'^-ee'tHnss. property are by the Local Government Act, 1894, transferred to a Council or Parish Meeting, any action or proceeding, or any cause of action or proceeding is pending or existing by or against any authority in relation thereto, the same shall not be in anywise prejudicially affected by the passing of the Act, but may be continued, prosecuted, and enforced by or against the Council or Parish Meeting as successors of the authority in like manner as if the Act had not been passed (s. 88 (i) ). All proceedings, legal and other, commenced before the appointed day, may be carried on in like manner, as nearly as may be, as if the Act had not passed, and any legal proceeding may be amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of the Act (s. 85 (3) ). All such bye-laws, orders, and regulations of any authority, whose i;xir,ting bye- powers and duties are transferred by the Local Government Act, |."^JT^].^tions 1894, to any Council, as are in force at the time of the transfer, will, so far as they relate to or are in pursuance of the powers and duties transferred, continue in force as if made by that Council, and may be revoked or altered atxordingly (s. 87). This provision has a general application to every transfer of powers under the Act, and whilst it will save many authorities the trouble of making bye-laws, orders, or regulations under the transferred powers, it will not prevent an authority altering or revoking any bye-law, order, or regulation, if they think it expedient to do so. Where a Parish Council or Urljan District Council for instance succeed under the Act to the Commissioners for Baths and Washhouses, or for IVansfer of Powers. Existing bye- laws and regulations. Transfer uf powers to County Council. Provisions as to County Council acquiring powers of District Council, 182 hadden's local government act, 1894. [chap. Public Libraries, any bye-law.s or regulations which had respectively been made by the Commissioners would continue in force. The provision in section 87 is of special importance to Rural District Councils where their predecessors had made any bye-laws and regulations under the Public Health Acts, and the Dairies, Cowsheds, and Milkshops Orders of 1S85 and 1S86. Defaulting Rural District Council. The provisions of the Local Government Act, 1894, relatmg to the transfer of powers, duties, and liabilities, to which reference has been made, are applicable only to those cases where the transfer takes place under the Act, and the provisions have no application to cases where the powers of a defaulting District Council are by a resolution under the Act transferred to a County Council. A distinction is properly drawn between a transfer which is intended to be made once for all for the purpose of simplifying local government by the concentration of powers and duties in fewer authorities, and a transfer which is made for the purpose of securing that a parish should not be prejudiced by a neglect of duty on the part of a District Council. In the latter case there is no reason why a transfer should have effect to any greater extent than is necessary to secure the object with which it was made. Special provisions are, therefore, applicable to the transfer of powers from a District Council to a County Council. It is only in the case of a defaulting Rural District Council that such a transfer can take place' (ss. 16 (i), 26 (4) ). Where the powers of a District Council are by virtue of a resolution under the Local Government Act transferred to a County Council, the following provisions have effect : — (a.) Notice of the resolution of the County Council by virtue of which the transfer is made must be forthwith sent to the District Council and to the Local Government Board : ib.) The expenses incurred by the County Council will be a debt from the District Council to the County Council, and will be defrayed as part of the expenses of the District Council in the execution of the Public Health Acts, and the District Council will have the like power of raising the money as for the defraying of those expenses : (r.) The County Council for the purpose of the powers transferred may on behalf of the District Council borrow subject to the like conditions, in the like manner, and on the security of the like fund or rate, as the District Council might have borrowed for the purpose of those powers : (d.) The County Council may charge the said fund or rate with the payment of the principal and interest of the loan, and the loan ' See pages 152 and 15S. X.] TRANSFER OF POWERS. 1 83 with the interest thereon is to be paid by the District Council in Defaulting Uke manner, and the charge is to have the Hke effect, as if the ^ 'Strict Council. loan were lawfully raised and charged on that fund or rate by the District Council : (e.) The County Council are required to keep separate accounts of Transferor 11 • 1 T • r ^ r i powers tO all receipts and expenditure ni respect 01 the transferred powers : County Council. (/.) The County Council may by order vest in the District Council all or any of the powers, duties, property, debts, and liabilities of the County Council in relation to any of the transferred powers, and the property, debts, and liabilities so vested are to be deemed to have been acquired or incurred by the District Council for the purpose of those powers (s. 63 (i) ). These provisions, as stated before, have application to a Rural District Council only, as the power to complain to or petition the County Council where a District Council make default is given to a Parish Council only. The mode of defraying the expenses of a Rural District Council under the Public Health Acts have been explained in connection with District Councils on pages 166 and 167, and it is onlynow necessary to point out that the modifications provided by section 29 of the Local Government Act, 1894, with respect to the expenses of a Rural District Council under the Act, are not made applicable by section 63 (i), where the expenses of the County Council have to be defrayed. It follows that expenses of the County Council, which might be special expenses, would have to be levied in the manner provided t)y section 230 of the Public Health Act, 1875, ^^'^^ ^^e Local (Government Board would have no power to direct that such special expenses should be raised as general expenses. Where the amount to be raised was not less than ;^io, or than what a penny rate would amount to, a separate rate to which tithes and agricultural and other land would be assessed at one-fourth of the full net annual value would accordingly have to be levied under section 230 of the Act of 1875. Sections 233 to 239 of the Public Health Act, 1875, which relate to the borrowing powers of a Rural District Council are reprinted at pages 321 to 323 of the Appendix. The provision in paragraph (/) of section 63 (i) will enable the Restoration County Council to restore to the Rural District Council their full District Council, powers when the circumstances which gave rise to the transfer of powers to the County Council have changed. It is not contemplated that the Rural District Council should be permanently relieved of their powers and duties with respect to the subject matter of the transfer. Existing Officers. Where the powers and duties of any authority other than justices are transferred by the Local Covernment Act, 1894, to any Parish or Continuance in office on former terms. 184 IIADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Transferor District Council, the ofificers of that authority will become the officers owers. ^j- ^j^^j. QQuncil (s. 8 1 (i)). Among the officers who will thus Existing officers, bccome officcrs of the Parish Council may be mentioned, a paid surveyor of highways where the County Council postpone the transfer of highway powers to the District Council under section 25 (i), an existing vestry clerk, any assistant overseer not appointed by a Bcird of Guardians, and officers appointed by authorities executing any of the adoptive Acts. A Rural District Council will take over the services of the officers of the Rural Sanitary and Highway Authorities to whose duties and powers they succeed. An assistant overseer appointed by a Board of Guardians will not become an officer of the Parish Council, but he will continue to hold office under the Board of Guardians, but the power of the guardians to make any future appointment to the office ceases after the appointed day (s. 81 (6) ). Every such officer, vestry clerk, and assistant overseer, as above mentioned, is to continue to hold his office by the same tenure, and upon the same terms and conditions as he previously held it, and while performing the same duties is to receive not less salary or remuneration (s. 81 (5) ). In some instances the new arrangements under the Act may render the services of an officer unnecessary to the Council to whom the powers and duties of the authority whose officer he was are trans- ferred' or his duties may be affected by the transfer, and his emoluments decreased. Where that is the case compensation will be payable to the officer prejudicially affected by the Local Cxovernment Act, 1894. Compcn>ation. Scction I20 of the Local Government Act, 1888, which relates to compensation to existing officers, will apply in the case of existing officers affected by the new Act, whether officers mentioned in section 81 or not, as if references in that section of the Act of 1888 to the County Council were references to the Parish Council, or the District Council, or Board of Guardians or other authority whose officer the person affected is when the claim for compensation arises as the case may require. All expenses incurred under this provision by a District Council are to be paid as general expenses of the Council, and by a Board of Guardians are to be paid out of their common fund, and by any other authority are to be paid out of the fund applicable to payment of the salary of the officers affected (s. 81 (7) ). This provision seems wide enough to include every officer affected by the Act, whether he does or does not become' an' officer of the Parish or District Council, so long as his pecuniary loss is caused by the Local Government Act, 1894, or anything done in pursuance of, or in consequence of the Act. There are no such limiting words in See page 151. X.] TRANSFER OF POWERS. 185 the Act of 1894, as occur in section 120 (i) of the Local Government Existing officers. Act, 1888, which worked injustice in certain cases where an officer Compensation, suffered direct pecuniary loss, although the powers of the authority whose officer he was were not transferred under the Act to the County Council. Section 120 of the Local Government Act, 1888, is reprinted at page 365 of the Appendix. The effect of its principal provisions is as follows : — In determining the amount of compensation regard must be had to all the circumstances of the case, and in particular to the conditions on which the officer's appointment was made, to the nature of his office, to the duration of his service, to any additional emoluments which he acquires under or in consequence of the Local Government Act, 1894, and to any emoluments which he might have acquired if he had not refused to accept any office offered by any Council or other body acting under the Act. The compensation must not exceed the amount which under the Acts and rules relating to the Civil Service is paid to a person on abolition of office.' An officer entitled to compensation must deliver to the authority Mole of claiming whose officer he is when the claim arises a claim signed by him, compensation, setting forth the whole amount received and expended by him or his predecessors in office in every year during the period of five years next before the passing of the Local Government Act, 1894, on account of the emoluments for which he claims compensation, dis- tinguishing the offices in respect of which the emoluments have been received, and accompanied by a statutory declaration under the Statutory Declaration Act, 1835 (5 & 6 Will. IV. c. 62), that the same is a true statement according to the best of his knowledge, informa- tion, and belief. The declaration must bear a stamp of half-a-crown. The claimant, if required by any member of the authority, must attend at a meeting of the authority, and answer upon oath, which any Justice present may administer, all questions asked by any member of the authority touching the matters set forth in his claim, and must further produce all books, papers, and documents in his possession, or under his control, relating to the same. The claimant, if aggrieved by the decision of the authority, may, ^ .^ within three months after the decision, appeal to the Treasury against Treasury, that decision, and if at least one-third of the members of the authority subscribe a protest against the amount of the compensation granted as being excessive, any subscriber to such protest may also, within the same period, appeal to the Treasury, whose decision in either case is final. If a person receiving compensation under these provisions is suspension of appointed to any office under the Local Government Act, 1894, the comp<:"sat'o"- comj)ensation will be wliolly or partially suspended during his tenure of such office. ' See page 419. CHAPTER XI. Evils to h< remedied. Houndarj- Commission of 18S7. Areas and Boiiudaries — Boundary Comuiissions — • Duties and Pozvers of County Council— Applica- tion of Poiuers to differ eiit Cases — Names of Parishes and Districts — Division of Parish into Wards — Constitution, of New Urban Districts — Copies of Orders — Expenses of Local Inquiries — County Couitcil to bring Act into operation. Boundary Commissions. Difficulties arising from the confused overlapping of areas of administration formed for different purposes, have always been the great stumbling block in the way of local government reform. Several Commissions have inquired into local boundaries during the past si.xty years, but the practical result of their labours has not been great. Some useful work in the adjustment of inconvenient parochial boundaries has been done under the Divided Parishes Acts, and the more glaring anomalies rectified ; but these Acts were not adapted for the purpose of remedying a system under which areas for highway, sanitary, and municipal administration had been formed with little regard to parochial boundaries. In the case of counties, the many instances where the county boundary intersected parishes and other areas of local government caused an ever increasing inconvenience, as the powers of county authorities were widened and increased under numerous Acts of Parliament ; but, the sentiment in favour of the ancient boundaries of counties has always been strong and the first serious attempt to grapple with the subject was made in connection with the legislation of 1888. Prior to the reform of county government effected in that year, a Boundary Commission were appointed under the Local Government (Boundaries) Act, 1887 (50 & 51 Vict. c. 61), to inquire with respect to each county in England and Wales — {a) As to the best mode of so adjusting the boundaries of the county and of other areas of local government as to arrange that no union, borough, sanitary district, or parish should be situate in more than one county ; and {b) As to the best mode of dealing with parts of the county which were wholly or nearly detached from the county ; and {c) Ks> to the best mode of dealing with the cases where a borough AREAS AND BOUNDARIES. 187 was not an urban sanitary district, and was wholly or partl\- iioundary Com- comprised in a sanitary district ; and ' '"'''*'°" °^ '^^='- {d) As to any alteration of boundaries, combination of areas, or administrative arrangements incidental to or consequential on any alteration which they might recommend in the boundaries of any county, union, borough, sanitary district, or parish. In making their recommendations the Boundary Commissioners were to have due regard to financial and administrative considerations^ The report of the Commissioners, which was made to Mr. Ritchie, Reporter the President of the Local Government Board, on the 5th of July, Commissioners. 1888, contains numerous detailed schemes suggesting the mode in which the various counties, unions, and urban and rural sanitary districts and parishes requiring adjustment should be dealt with. Section 53 of the Local Government Act, 1888 (51 & 52 Vict, c. 41), required every report of the Commissioners to be laid before the Council of any administrative county or county borough affected by that report, and made it the duty of the Council to take into consideration such report, and to make such representations to the Local Government Board as they should think expedient for adjusting the boundaries of their county, and of other areas of local government parti)" situate in their county, with a view of securing that no such area should be situate in more than one county. So far as urban sanitary districts were concerned, the Act itself provided, by section 50 (i), that any such district situate in more than one county should l)e deemed to be Avithin that county which contained the largest portion of the population of the district according to the census of 1 881. The automatic alteration of the boundaries of counties for the {)urpose of preventing urban sanitary districts being in more than one county was to a certain extent a step in the right direction ; but where parishes were partly comprised in urban districts it had, in many instances, the eifect of placing a parish, which was formerly in one county, into two counties. Other important provisions of the Act conferred powers which, where advantage has been taken of them, have furnished an economical means of adjusting areas and boundaries. The difficulty in the way of a more general rectifica- tion of boundaries does not spring so much from defects in the machinery of the Act of 1888, as from local indifference or opposi- tion to setting it in motion. With some modifications made for the jjurpose of expediting its operation and of making it more generally effective, this machinery is accordingly rendered applicable to the adjustment of areas and boundaries under the Local Government Act, 1894. The objects which County Councils are to have in view are set out in some detail in the new Act. Duties and Powers of County Council. For the purpose of carrying the Local Government Act, 1894, conbiJcred. into effect in the case of — 1 88 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. sS^^rV V'^ ^°"' ^^^ Every parish and rural sanitary district which at the passing of County Council. the Act was situatc partly within and partly without an administrative county ; and (d) Every parish which at the passing of the Act was situate partly within and partly without a sanitary district ; and (c) Every rural parish which had a population of less than 200 according to the census of 1891 ; and (d) Every rural sanitary district which at the passing of the Act had less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district • and (e) Every rural parish which is co-extensive with a rural sanitary district : every County Council is required to forthwith take into consideration every such case within their county and, as soon as practicable, in accordance with section 57 of the Local Government Act, 1888 (51 & 52 Vict. c. 41), to cause inquiries to be made and notices given, and make such orders, if any, as they deem most suitable for carrying into effect the Act in accordance with the following provisions, namely : — (i.) The whole of each parish, and, unless the County Council for special reaso?is othei-ivise direct, the whole of each rural district is to be within the same administrative county ; (ii.) The whole of each parish is, unless the County Council for special reasons othertvise direct, to be within the same county district ; and (iii.) Every rural district which will have less than five elected councillors is, unless for special reasons the Couiity Council otherzvise direct, to be united to some neighbouring district or districts (s. t,6 (i) ). The full significance of the task which is thus set before County Councils will be better understood when the machinery placed at their disposal has been explained. I. — The Powers and Procedure of County Councils with RESPECT TO Areas and Boundaries. Counry Council ^^'^^ County Council must proceed under section 36 (i) of the to proceed. Local Government Act, 1894, although no such proposal as is mentioned in section 57 of the Act of 1888 has been made. This is an important distinction, for, under that section, which is printed at page 363 of the Appendix, the County Council were to be satisfied that ■^i prima facie case was made out as respects any county district not a borough, or as respects any parish for a proposal for all or any of certain specified things before they proceeded to make any order ; whilst, under subsection (i) of section 36 of the new Act, it is, without exception, obligatory upon the County Council, although no proposal has been made, to take every such case, as is mentioned in the subsection, into consideration, and cause inquiries and notices to XL] AREAS AND BOUNDARIES. 189 •be given with a view to making such orders under the Act as they think most suitable. The initiative is conferred on the County Council alone, and they must proceed as directed by the Act. It is only for the special cases mentioned in section 36 (i) of the Proposals under Local Government Act, 1894, that the proposal referred to in m°nf.£:°Ts8'8 section 57 of the Act of 1888 is dispensed with, and in other cases to s. S7- ' which section 57 applies a prima facie case to the satisfaction of the County Council must be made out. Any of the following proposals may be made as respects any urban sanitary district not a borough, any rural sanitary district, or any parish under section 57 of the Local Government Act, 1888: — {ci) The alteration or definition of its boundary ; {b) Its division or union with any other such district or districts, parish or parishes, or the transfer of part of a parish to another parish ; {c) The conversion of the district or part of the district, if it is a ri^ral district, into an urban district, and if it is an urban district, into a rural district, or the transfer of the whole or any part of the district from one district to another, and the formation of new urban or rural districts ; {d) The division of an urban district into wards ; and {e) The alteration of the number of wards, or of the boundaries of any ward, or of the number of members of any District Council, or of the apportionment of such members among the wards. Even after being satisfied thpdVi prima facie case has been made out, the County Council are not obliged, under section 57 of the Act of 1888, to proceed any further, but they may, if they please, cause such inquiry to be made in the locality, and such notice to be given, both inquiries, in the locality, and to the Local Government Board, Education Department, or other Government Department as may be prescribed by the Local Government Board, and such other inquiry and notices (if any) as they think fit, and if satisfied that such proposal is desirable, may make an order for the same accordingly. With the principal and important exception that the Count}- Council are, under section 36 (i) of the new Act, required to take action, and //iiisl therefore cause inquiries to be made and notices to be given, and make any orders that may be necessary for the purposes of the subsection, the procedure to be followed is that generally laid down by section 57 of the Act of 1888. The other modifications in procedure will be mentioned in their projjcr place. Section 57 of the Local (Government Act, 1888, enabled a County Areas in two or (Council to deal with the matters mentioned therein, but the applica- tion of the section was subject to the serious defect that it made no express provision to meet cases where an area of local government was situated in more than one county. As any one County Council more counties. I90 HADDEN'S local government act, 1894. [CHAP. more" counter had no jurisdiction where a parish or other area was not wholly in their county to deal with that area, it was considered that two or more County Councils interested could not confer, by delegation, on any joint committee of the respective Councils any authority under the section. This defect has been remedied by the new Act, which Joint committee providcs that whcre any of the areas referred to in section 57 of the Local Government Act, 1888, is situate in two or more counties, or the alteration of any such area would alter the boundaries of a poor law union situate in two or more counties, a joint committee appointed by the Councils of those counties^ shall, subject to the terms of delegation, be deemed to have and to have always had power to make orders under that section with respect to that area ; and where at the passing of this Act a rural sanitary district or parish is situate in more than one county, a joint committee of the Councils of those counties shall act under section 36 of the Local Government Act, 1894, and if any of those Councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed are to act as the joint committee. Any question arising as to the constitu- tion or procedure of any such joint committee is, if the County Councils concerned fail to agree, to be determined by the Local Government Board (s. 36 (n))- The County Councils appointing a joint committee may regulate the terms of the delegation of their powers to that committee, as for instance, by directing that the acts of the committee should require their approval. In a county borough the jurisdiction conferred on County Councils as to areas and boundaries will, so far as is applicable, be exercised by the Town Council, and that Council may join with the Council of an administrative county in forming a joint committee where any area to be taken into consideration is situated partly in a county borough and partly in an administrative county. For the purpose of assisting County Councils and joint committees in their labours every report made by the Boundary Commissioners under the Local Government Boundaries Act, 1887, is to be laid before the Council of any administrative county or borough affected by that report, and before any joint committee of County Councils, and it is made the duty of the Councils and joint committees to take the reports into consideration before framing any order under the powers conferred on them under the Local Government Act, 1894. Where the alteration of the boundary of any parish, or the division of a parish, or the union of the whole or of part of a parish with ^ A joint committee of County Councils is appointed under section Si of the Local Government Act, 1888. Terms of delegation. County boroughs. Report of Boundary Commissioners Division and other alterations of parishes. XL] AREAS AND BOUNDARIES. 191 Division and and other altera- tion of parishes. another parish, seems expedient for any of the purposes of the Local Government Act, 1894, provision for such alteration, division, or union may be made by an order of the County Council confirmed by the Local Government Board under section 57 of the Local Govern- ment Act, 1888 (s. 36 (8) ). The County Council may also, by their order, where the alteration Poor Lav of a poor law union seems expedient by reason of any of the provi- Unions. sions of the new Act, provide for such alteration in accordance with section 58 of the Local Government Act, 1888,^ or otherwise, but this provision is not to affect the powers of the Local Government Board with respect to the alteration of unions (s. 36 (6) ). Section 58 of the i\ct of 1888 enables the Local Government Board, where it appears expedient so to do with reference to any poor law union which is situate in more than one county, instead of dissolving the union, to provide by order that the union shall continue to be one union for the purposes of indoor paupers or any of those purposes, and shall be divided into two or more poor law unions for the purpose of outdoor relief, and to make such provisions as seem expedient for determining all other matters in relation to which such union is to be one union, or two or more unions. Whilst the Local Government Board will retain this and their other powers under the Poor Law Acts ^ to alter or dissolve a union, the County Council will have the concurrent power of altering a poor law union in the manner provided by section 58 of the Act of 1888 or otherwise; but the power of the County Council can be exercised only where it is expedient to alter a union by reason of any of the provisions of the Local Government Act, 1894, and an order exercising the power will require the confirmation of the Local Government Board.^ Any order made by a County Council in pursuance not only of the provisions of section 36, to which reference has been previously made in this chapter, but of Part III. generally of the Local Government Act, 1894, is by section 36 (10) to be, subject to the provisions of the Act, deemed to be an order under section 57 of the Local Government Act, 1888. This provision applies to the following orders, which may be made by a County Council, and to which reference has been made in previous chapters, namely — (i.) An order under section 36 (3) for the application to different parts of a parish divided by the Act of the provisions of the Act with respect to the appointment of trustees or beneficiaries ^ See page 364 of the Appendix. - See the Tuor Law Amendment Act, 1834 (4 & 5 Will. IV. c. 76), s. 32 ; the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. lOl), s. 66; the Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122), s. 4 ; and the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), s. 11. '■'• See page 193. Application of Local Govern- ment Act, 1888, s. 57 to County Council orders. 192 HADDEN'S local government act, 1894. [CHAP. Application of Local Govern- ment Act to County Council Orders. Period for making orders. Parish Council or Meeting may appear at Inquiries. of a charity (see pages 11, 75 and 76), and for the custody of parish documents {see page 72). (2.) An order under section 37 that the consent of a Parish Meeting held for a part of a parish shall be required for any acts or class of acts of the Parish Council affecting the property or rights of that part (see page 20). (3.) An order under section 38 for grouping parishes or for dis- solving a group of parishes under a common Parish Council (see page 36). _ (4.) An order under section 39 for the election {see page 37), or for the dissolution {see page 38) of a Parish Council. Every County Council must, within two years after the passing of the Act, or within such further period as the Local Government Board may allow, either generally or with reference to any particular matter, make such orders under section 36 as they deem necessary for the purpose of bringing the Act into operation, and after the expiration of the two years or further period the powers of the County Council for that purpose will be transferred to the Local Government Board, who may exercise those powers (s. 36 (13) ). The two years allowed will expire on the 5th of March, 1896, and that date will, subject to any extension of the period of two years by the Local Government Board, be the last day on which the County Council may make orders for the purpose of section 36 ; but this limiting provision in subsection 13 does not express the intention of the Local Government Act, 1894, with respect to the period to be taken in making the general arrangements contemplated by section 36. A County Council are required for the purposes of subsection i of section 36 to cause inquiries to be made, and notices to be given as soon as practicable in accordance with section 57 of the Local Government Act, 1888, and it is clearly intended that boundaries and other necessary matters should be dealt with before the appointed day in order that Parish Councils, Parish Meetings, and other authorities may, so far as possible on that day, assume their functions for parishes and other areas, as those areas are eventually to be constituted ; but on the other hand it may not in all instances be practicable to take every case into consideration before the appointed day, nor is it contemplated by the Act that no changes subsequent to the appointed day will be necessary. Li the case where an order for the alteration of the boundary of any parish or the division of any parish, or the union of any parish or of any part, with another parish is proposed to be made after the appointed day, notice of the proposed order must, a reasonable time before it is made, be given to the Parish Council of that parish, or if there is no Parish Council, to the Parish Meeting, and that Parish Council or Parish Meeting, as the case may be, will have the right to appear at any inquiry held by the County Council with reference to the order, and will be at XL] AREAS AND BOUNDARIES. 193 Notices ot provisions of order. Local Government Sra^tion. liberty to petition the Local Government Board against the con- firmation of the order (s. 36 (7) ). When an order has been made by a County Council under section 57 (i) of the Local Government Act, 1888, certain subsidiary provisions of that section have to be complied with. Notice of the provisions of the order must be given, and copies supplied in the manner prescribed by the Local Government Board, and otherwise as the County Council think fit (Local Government Act, 1888, s. 57 (2)). Certain orders of the County Council mentioned below do not Orders not require submission to or confirmation by the Board, but come into operation upon being finally approved by the County Council (subject in the case of No. 7 to the approval of the Charity Commissioners being given), namely — (i.) An order under section 57 of the Local Government Act, 1888, relating to the division of a district into wards, or the alteration of the number of wards or of the boundaries of a ward, or of the number of the members of a District Council, or of the apportionment of the members among the wards ; and the following orders under the Local Government Act, 1894 ; (2.) A grouping order {see page 36) ; (3.) An order establishing a Parish Council {see pages 28 and 37); or (4.) Dissolving a Parish Council {see page 38); or (5.) Dissolving a group of parishes {see page 36) ; (6.) An order relating to the custody of parish documents {see pages 72 and 73) ; or (7.) Requiring the approval of the Charity Commissioners {see pages II, 75 and 76) ; and (8.) An order requiring the consent of the Parish Meeting for any part of the parish to any act or class of acts of the Parish Council {see page 20). Li any other case the order is required by subsections 3 to 6 of ^J^^^X section 57 (3) of the Act of 1888 to be submitted to the Local Government Board ; and if within [six weeks^"] after such notice of the provisions of the order as the Local Government Board determine to be the first notice, the Council of any district affected by the order, or any number of county electors registered in that district or in any ward of that district, not being less than one-sixth of the total number of electors in that district or ward, or if the order relates only to a parish, any number of county electors registered in that parish, not being less than one-sixth of the total number of electors in that parish [or any Board of Guardians affected by an order under Part IIL of the Local Government Act, 1894 '], petition the requiring confirmation. Petitions against orders of County Council. See Local Government .\ct, 1894, s. 41. Id. s. 36 (10). .S'((' page 191 as to orders under Part IIL if the Act. 194 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAP. Order may be modified. " Prescribed' notices, &c. Local Government Board to disallow the order, that Board are to hold a local inquiry, and determine whether the order is to be confirmed or not. focfrcoveni-'^ ^^ ^^^Y such petition is not presented, or being presented is nient Board. withdrawn, the Local Government Board must confirm the order. A petition of county electors could only be withdrawn with the con- currence of all the petitioners ; but of course, if the period of six weeks had not expired, there is no reason why a new petition should not be presented by the requisite number of petitioners within that period. A petition may be withdrawn before or after the expiration of the period of six weeks, so long as the withdrawal takes place before the holding of the local inquiry by the Local Government Board. The Local Government Board, on confirming an order, may make such modifications therein as they consider necessary for carrying into effect the objects of the order. An order, when confirmed by the Local Government Board, must be forthwith laid upon the table of both Houses of Parliament, if Parliament be then sitting, and, if not, forthwith after the then next meeting of Parliament. On the 14th September, 1889, the Local Government Board issued an order prescribing the notices and other procedure to be followed by County Councils under section 57 of the Act of 1888. This Order, which is printed at page 374 of the Appendix, is generally in force, and applies to the proceedings of County Councils in making such orders under the Local Government Act, 1894, as are deemed to be orders under section 57 of the former Act {see page 191) ; but for 1894 a special procedure is to be observed. The Local Government Board are directed to make regulations for expediting and simplifying the procedure under section 57 of the Local Government Act, 1888, in all cases in the year 1894, for the purpose of bringing the Local Government Act, 1894, into immediate opera- tion, and those regulations may dispense with the final approval of an order by the County Council in cases where the prescribed notice of the proposed order has been given before it is made by the County Council (s. 80 (2) ). Under this provision, regulations addressed to County Councils were issued on the 22nd March, 1894, and regulations addressed to Town Councils of County Boroughs were issued on the 27 th April, 1894. The Regulations which are printed at pages 383 and 408 of the Appendix govern the proceedings of Committees and Joint Committees as well as the proceedings of the Councils to whom they are addressed. An order under section 57 of the Local Government Act, 1888, confirtned by the Local Government Board, is at the expiration of six months from confirmation to be presumed to have been duly made, and to be within the powers of that section, and no objection to the Special provi- sions for 1S94. Validity of confirmed orders XL] AREAS AND BOUNDARIES. I95 legality of the order is to be entertained in any legal proceeding what- Validity of pypj- confirmed orders. This provision will apply to orders made under section 57 of the Act of 1888, and also to orders under the new Act deemed to be orders under that section ; ^ but only such orders as require confirma- tion and are confirmed by the Local Government Board will be within its scope. If it is desired to call in question the legality of a con- firmed order proceedings must be taken before the expiration of six months from the date of confirmation. Where an alteration of any area is made by the Local Government Supplementary Act, 1894, an order for any of the matters mentioned in section 59 of order!^ the Local Government Act, 1888, may, if it appears to the County Council desirable, be made by the County Council, or, in the case of an area situate in more than one county, by a joint committee of County Councils, but nothing in this provision is to empower a County Council or joint committee to alter the boundaries of a county (s. 69). Section 59 of the Act of 1888, which is printed at page 364 of the Appendix, authorises a scheme or order under that Act to make administrative, judicial, financial, and other arrangements, incidental to or consequential on any alteration of boundaries, and the effect of its application to an alteration of area under the Local Government Act, 1894, is to enable the County Council to provide for every possible contingency. The section will apply whether the alteration is effected by the Act, as in the case of a parish in more than one Sanitary District," or in the case of a Rural Sanitary District in more than one county,^ or whether the alteration is effected by an order of the County Council made under the Act. If the County Council find that an alteration of the boundary of Alteration of any county or borough seems expedient for any of the purposes borough"^ mentioned in section 36 of the new Act, application is required to be 'j"""J^''<;s- made to the Local Government Board for an order under section 54 of the Local Government Act, 1888 (Local Government Act, 1894, «• 36 (5) )■ Upon such an application the Local Government JJoard may after local inquiry make a Provisional Order altering the boundary of the county or borough. If the order alters the boundary of a borough it may alter the number and boundaries of the wards, and the number of councillors and aldermen. The order has no effect unless confirmed by Parliament (Local Government Act, 1888, s. 54^). II. — Application of the Powers of County Councils as to Areas and Boundaries to the Cases mentioned in Section 36 (i) ok thk Local (iovERNMENT Act, 1894. The cases which the County Council, and, where an area is in ^ See page 191. " See page 10. * See page 129. * See page 362 of the .\i)p(.iKlix. 196 HADDEN'S local government act, 1894. [CHAl>. Powers of County Council under Section 36. Parislies in more than one county. Rural sanitary districts in mure than one county more than one county, a joint committee of the Councils interested, are required to take into consideration are dealt with here in the order in which they occur in section 36 (i) of the Local Government Act, 1894, and in each case a statement of how the case may be dealt with under the provisions which have been previously mentioned is given. {a) Every parish' and rural sanitary district which at the passing of the Act is situate partly within and partly without an administra- tive county. The cases mentioned in this paragraph must be dealt with by a joint committee of the Councils interested. Where the county boundary in the case of a parish situated partly in and partly outside an administrative county coincides with the boundary of an urban district the parish would also come within the next sub-division {li) of the subject'; but if it is contemplated to include any portion of the excluded part of the parish (that is the rural part of the parish) in the urban district, the county boundary must also be altered, as it would be inconsistent with section 50 (i) (/') of the Local Government Act, 1888, for an urban district to be situated in more than one county. An alteration of the county boundary will require an order of the Local Government Board, and so would any alteration of the boundary of a borough. Where the parish overlapping the county boundary is an ordinary rural parish, it will be necessary for the joint committee to make some order, as although a rural sanitary district in more than one county is in the absence of other directions to be divided, no such automatic division of a parish in more than one county will take place. The joint committee may divide the parish without altering the county boundary, or decide that the county boundary should be altered so as to include the whole parish in one county, or they may think it desirable in exceptional cases to both divide the parish and alter the county boundary. Any alteration of the county boundary can only be made by an order of the Local Government Board. The divided parts of the parish, or any of them, may either be constituted new parishes, in which case they must be added to some union, or they may be united to other parishes. For the latter purpose the divided areas may be still further sub-divided. In uniting any part to another parish provision should be made where necessary for the alteration of the county district, and it should be remembered that a parish must not be partly in and partly outside a rural district, but a parish may iiiidcr exceptional circumstances be partly in two or more urban districts. As a rule, however, a parish must be in one county district only. A rural sanitary district in more than one administrative county is divided automatically by section 24 (5) of the Act, so that the part in each county becomes a separate rural district, unless the joint committee provide otherwise. For special reasons they may direct that the district should remain in the counties in which it was situated at the passing of the Act. The division of a rural sanitary district by the Act does not affect the boundary of any parish within the district which ^ In their circular letter of the 30th April, 1S94, to the Town Councils of County Boroughs {see page 402 of the Appendix), the Local Government Board stated that " A parish partly within and partly without a county borough would, the Board believe, be in every case a jiarish partly within and partly without an administrative county, as defined by the Act of 188S. It would in any case be a parish partly within and partly without a sanitary district. Consequently it will be necessary that joint committees of the councils of the county and county boroughs should be appointed to act under section 36, with respect to every parish which is now partly within and partly without a county Ijorough." XI.] AREAS AND BOUNDARIES. 197 is in more than one county, and so far as such a parish may be concerned, the eflect of the division of the rural chstrict would be to divide the parish for purposes of the Rural District Council only. So far for what would happen if no order were made by the joint committee ; but an order could treat the rural sanitary district in much the same way as a parish, which is divided by the county boundary, can be treated. The county boundary might be altered, or the district might be wholly or partly amalgamated with neighbouring districts, and where necessary be converted wholly or partly into an urban district. If desirable the order might provide for the alteration of the poor law unions, but under the Act a rural district may be in more than one poor law union. ((^) Every parish which at the passing of the Act is situate partly within and partly without a sanitary district. These cases have been previously alluded to on pages 10 to 12. Unless other arrangements are made a parish so situated becomes divided by virtue of the Act, antl the part in each Sanitary District becomes a new parish. No order of the County Council is required to effect the division of such a parish ; but instead of permitting a parish to be divided, and new parishes formed by operation of the Act, the County Council might by order provide for the union of the parts which would otherwise form separate parishes with some neighbouring parish or parishes, or for the inclusion of the whole parish in one of the county districts in which it is partly situate. Where a parish is situated partly in an urban district and partly in a rural district, it will generally be found more convenient to include the whole parish in the urban rather than in the rural district. A joint committee of the County Council and of the Council of the county borough will deal with parishes partly ni an administrative county, and partly in a county borough. An alteration of the boundary of a borough can be made by an order of the Local Government Board only. (c) Every rural parish which has a population of less than 200. This case covers not only small parishes now existing, but small parishes which may be formed by the division by the Act of parishes which, at the passing of the Act, are in more than one sanitary district. The County Council will have to consider whether the parish may be conveniently grouped with any other parish or parishes under a common Parish Council, or whether it should have a separate Parish Council. They must provide for the establishment of a Parish Council if, in the case of a parish with a population of not less than 100, the Parish Meeting so resolve. Nothing can be done with respect to grouping or establishing Parish Councils until the appointed day, as the consent of a I'arish Meeting is necessary (s. 1(1)). The limit of 200, in the case of paragraph (c), was fixed with reference to the same limit of population which was adopted by the House of Commons in section i for the purpose of the compulsory establishment of a Parish Council ; but the limit in that section was raised by the House of Lords to 300, without any consequential amendments having been made in subsequent sections. The pro- vision requiring rural parishes with a population according to the census of 1891 to be taken into consideration had more practical significance in connection with the first proposals of the (lovernnicnt that every rural parish witli a population below the prescribed limit should be compulsorily grouped with some neighi)Ouring parish or parishes under a common County Council. A small parish might be united for all purposes with some neighbouring parish, so as to form a new ])arish, or night be divided, and the respective ])arts added to neighl)0uring jjarishcs. Where a new ]iarish is formed l)y an order of the County Council it should \>c placefl in a ])^up^- affect any rights or obligations of any parish, district. Council, Change of name , . ■' ^ ^ . ,^.-''^,', ',. ; to be pubhshed. authority, or person, or render detective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name. The authority authorising the change of name, under section 55 (i), would, of course, be the County Council or joint committee making the order. Division of Parish into Wards for Election of Parish Council. A County Council may at any time, on application by the Parish Parish wards. Council, or not less than one-tenth of the parochial electors of a parish, and on being satisfied that the area or population of the parish is so large, or different parts of the population so situated, as to make a single Parish Meeting for the election of councillors impracticable or inconvenient, or that it is desirable for any reason that certain parts of the parish should be separately represented on the Council, order that the parish be divided for the purpose of electing parish councillors into wards, to be called parish wards, with such boundaries and such number of councillors for each ward as may be provided by the order. In the division of a parish into wards regard is to be had to the population according to the last published census for the time being, and to the evidence of any considerable change of population since that census, and to area, and to the distribution and pursuits of the population, and to all the circumstances of the case. An order may be revoked or varied by the County Council on Alteration of ap{)lication by either the Council or not less than one-tenth of the '"^ "' parochial electors of the parish, but while in force it is to have effect as if enacted by the Local Government Act. In a parish divided into parish wards there will be a separate f'^iection for tach election^ of parish councillors for each ward (s. 18), and this election will take place in the ordinary way at a Parish Meeting.^ The power of the County Council to divide a parish into wards for the |)urpose Other w.tnl^. of electing parish councillors is cjuite distinct from the powers conferred upon a County Council to divide a parish into wards for the purpose of the election of rural district councillors by section 60 of the Act.'' A rural parish might be divided into wards for each purpose which would not necessarily be co-terminous. It would, of course, be convenient that the boundaries of wards formed for these different purposes should not intersect one another. AlTKR.VIION of BoUNUARlKS FOR FiRST ElI-X'TION. Every division into wards or alteration of the boundaries of ' And als(j the Board of Agriculture, see page 204. - See Chapter XII. as to elections. ^ See pages 20 and 21. ■* See page 124. 200 HADDEN'S local government act, 1894. [CHAP. Division of Parish into Wards or alteration of boundaries. First Election. Counties County boroughs Notice of inquiry. any parish or union or district which is to affect the first election must, if it affects the parishes or parts for which the registers of parochial electors will be made, be made, so far as practicable, before the first day of July, 1894, and any such division or alteration which after the appointed day may be made on application by the Parish Council or any parochial electors of any parish, may be made before the appointed day on application by the vestry or a like number of the ratepayers of the parish (s. 84 (3) ). This direction is given so as to avoid difficulties in the preparation of the lists of voters for the first election, but provision is made by the Act for making adjustments in the register of parochial electors where an alteration of boundaries takes place after the ist of July, 1894, and before the election, see page 217 of Chapter XII. Times for Proceedings in 1894. To comply with the direction, the proceedings required to be taken by the Local Government Act, 1894, and the orders of the Local Government Board for expediting and simplifying the procedure during 1894 (see page 194), make it necessary that not later than certain dates in May, notices of the local inc^uiries to be held should be given. In the following observations only the principal requirements of the orders are referred to : for the details, reference must be made to the orders themselves. It must be understood that in the expression " County Council " is included, a Committee of the County Council, or a Joint Committee of County Councils where an area is in more than one county. The cases mentioned in section 36 (i), which must be taken into consideration (see pages 195 to 198), cannot for the most part occur in a county borough ; but a parish may be partly in and partly outside such a borough. A Joint Committee of the Town Council and of the County Council concerned will deal with such cases, but any altera- tion of the boundary of the borough must be effected by an order of the Local Government Board. The procedure in 1894 prescribed for the Town Councils of county boroughs or of any Committee or Joint Committee appointed by them, is practically the same as that pre- scribed with respect to an order of a County Council requiring the confirmation of the Local Government Board. So far, therefore, as the following observations relate to orders requiring confirmation, they apply to orders made by the Town Council of a county borough or any Committee or Joint Committee appointed by them. The first step which the County Council have to take before making any order under Part III of the I.ocal Government Act, 1894, is to give public notice by advertisement in a local newspaper of the purport of the proposal, and of the day, time, and place' fixed for the ' School and other rooms maintained out of Icjcal rates may Ije used for the purpose. See page 79. XI.] AREAS AND BOUNDARIES. 20I iiKiuirv, and at the same time publish the same particulars and furnish Times for I-'' '■ ^ ^,,,.. proceedings in them to the several government departments and local authorities 1894. concerned. Ten clear days from the date of these notices must elapse before Pate of inquiry, the inquiry can be held. The subsequent proceedings required to be taken, depend upon whether the order does or does not require the confirmation of the Local Government Board. .\n order not requiring confirmation is taken first. Such an order Order not may be made at any time after the inquiry has been held, and will Vonfi^nation. not require any final approval if the provisions of the Local Govern- ment Board's order as to advertising and deposit of the proposed order are duly complied with. Public notice of the proposed order must after the inquiry has been Public notice of held be given by advertisement in a local newspaper. Twenty-one clear days must elapse after the publication of the Meeting of newspaper before the meeting of the Council to hear objections to objections, the proposed order. The proposed order must be deposited during fourteen days for Deposit of inspection by any owner or ratepayer. The period of deposit should ""^ ^^' begin the day after the publication of the newspaper in which the advertisement appeared. A person proposing to attend the meeting of the Council to make Notice of an objection, must send not less than three days before the date of oi^jecuon. the meeting, a written statement of his objections to the clerk of the Council. After the meeting of the County Council to hear objections has Operation of been held, the order, if previously made and no further action is taken by the Council, comes into operation. If the order has not been made, the County Council may proceed to make it. An order recjuiring confirmation must when made, be submitted to Order requiring the Local (Government P.oard. If time presses it might, after the ^'"'-/^'''"«"''"'- incjuiry has been held, be made by the County Council on the same day, but in most instances such a course would not be practicable. Public notice of the provisions of the order made by the Count)' Public notice of Council must be given by advertisement in a local newspaper within ten days after the making of the order. The order must be deposited during a period of fourteen days for Deiiosit of order, inspection by any owner or ratepayer. This period should begin the day after the publication of the newspaper in which the advertisement appeared. Time;; for proceedings in 1S94. Confirmation of order. Proceedings in Table of dates 202 HADDEN'S LOCAL GOVER^JMENT ACT, 1 894. [CHAP. Six weeks must elapse after the date of the advertisement of the order before it can be confirmed, and during that time petitions to the Local Government Board to disallow the order may be presented ^ If any petition is presented and not withdrawn, the Local Govern- ment Board also 7tiust hold a local inquiry, which would lead to further delay before the order could be confirmed. The orders of the Local Government Board for e.xpediting and simplifying the procedure under section 57 of the Local Government Act, 1888, relate to cases in the year 1894 only (Local Government Act, 1894, s. 80 (2)), and some doubt exists as to how far they might be applicable to proceedings under section 57 begun in 1894, but not completed in that year. Where an order could not be made or confirmed so as to come into operation before the ist day of January, 1895, it would be prudent, in order to avoid any question being raised, to take all proceedings under the order of the Local Government Board dated 14th September, 1889 {see page 194). The following statement gives in a tabular form the latest dates for the several proceedings required by the orders of the Local Govern- ment Board, so that an order made by a County Council may come into operation before the ist day of July, 1894. LATEST DATES under the Orders of the Local Govermnent Board 2 for Proceedings to alter Boundaries for the Elections m 1894. (/.) Where the Order of the County Council does tiot require co7ifirmation by the Local Government Board (see page 193). 2bth May. — Last day for advertisement in a local newspaper of the purport of the proposal and of the prescribed local inquiry, and for publication of the same as otherwise directed by the orders. jth June. — Last day for holding the local inquiry. 8th June. — Last day for advertising after the incjuiry the proposed order in a local newspaper. gtJi to 22nd June. — Deposit for 14 days of copies of order, or of proposed order for inspection. 22nd to 261/1 June. — Between these dates inclusive, according to the day fixed by the County Council for their meeting to hear objections, a person objecting to proposed order must, not less than three days before the date of the meeting, send to the clerk of the Council a written statement of objections. 26t/i to jot/i June. — Between these dates, inclusive, the meeting of the Council to hear objections must be held. jotli June.— \j!&\. day for making the order. (// ) Where the Order requires confrination by the Local Government Board {^Qt page 193). jt/i May. — Last day for advertisement in a local newspaper of the purport of the ' See page 193. - See pages 383 and 408 of the Appendix. XL] AREAS AND BOUNDARIES. 203 proposal and of the prescribed local inquiry and for publication of the Times for same as otherwise directed by the orders. proceedings in 1894. ijth May — Last day for holding the local inquiry and for making any order. i8th May — Last day for the advertisement in a local newspaper of the provisions of any order made by the Council. igth May to ist June. — Deposit for 14 days of copies of order for inspection. 2gth June. — Last day for petitioning the Local Government Board to disallow the order {see page 193). 30th June. — Last day for confirmation of the order by the Local Government Board. The dates must be altered where a greater time elapses than is contemplated ifi the above statement. For instance, ij any inquiry took three days instead oj oiie, all the subsequent proceedings would necessarily be delayed tivo days. New Urban Districts. In the future formation of new urban districts or the extension of Provisions to existing urban districts, or the subtraction from the area of an urban district of any part of the district, certain provisions are required to be made by section 54 of the Local Government Act, 1894. These provisions, which apply where a new borough is created or any other new urban district is constituted, or the area of an urban district is extended and, ivith the necessary modifications, where the area of an urban district is diminished, are as follows : — (a) as respects any rural parish or part of a rural parish which will be comprised in the borough or urban district, provision must be made, either by the constitution of a new parish, or by the annexation of the parish or parts thereof to another parish or parishes, or otherwise, for the appointment of overseers and for placing the parish or part in the same position as other parishes in the borough or district. In urban districts the appointment of overseers will continue to l)c made by the Appointment of justices, unless an order of the Local Government Board is made under section 33 "ver^eers, &c. (l) of the Local Government Act, 1894, conferring on the urlian District Council or some other representative l)0(ly the power and duty of ap]5oinling tiie overseers. The provision in paragraph {a) will in effect enable the Local Government Board or the County Council,^ who make an order extending the Ijoundaries of an urban district, to extend to the added area any provisions as to the appointment of overseers or other matters which may be in force in the urban district by virtue of an order of the Local Government Board under section 33 (i) of the Act of 1894. ip) as respects any parish or part which remains rural, provision P.-irish Council, must be made for the constitution of a new Parish Council, or ,kJvYsiT remains for the annexation of the parish or part to some other parish or ""'-'i- parishes, or otherwise for the government of the parish or part. ^ See pages 189 ami 195. New Urban Districts. Adjustment of property, &c. New fjorough. Other new urban districts. Extension 'if urban district. 204 HADDEN'S local government act, 1894. [CHAP. {c) provision must also where necessary be made for the adjust- ment of any property, debts, and liabilities affected by the said creation, constitution, or extension. These several matters are respectively to be provided for : — {a) \Vhere a new borough is created, by a scheme under section 213 of the Municipal Corporations Act, 1882 (45 &46 Vict. c. 50). A scheme under the enactment referred to, which is printed at page Tfj" of the Appendix, is made bj' the Priv)' Coimcil on the creation of a new Ijorough for the transfer of the jiowers, duties, liabiHties, and property of the superseded local authorities. {b) Where any other new urban district is constituted, by an order of the County Council under section 57 of the Local Govern- ment Act, 1888 ; {c) Where the area of an urban district is extended, by an order of the Local Government Board under section 54, or of the County Council under section 57, as the case may be, of the Local Government Act, 1888. An extension of a borough would have to be provided for by an order of the Local Government Board under section 54 of the Act of 1888 ; see page 362. The County Council would deal with the extension of any other urljan district under section 57 of that Act. Tlie procedure under section 57, as amended by the Local Government Act, 1894, has been explained previously in this chapter. Copies of Orders under Local Government Act, 1894. A copy of every order made by a County Council or joint committee in pursuance of the Local Government Act, 1894, is to be sent to the Local Government Board, and, if it alters any local area or name,^ also to the Board of Agriculture (s. 71). Expenses of Local Govern- ment Board. Powers of Board and inspectors. Local Inquiries. The expenses incurred by the Local Government Board in respect of inquiries or other proceedings under the Local Government Act, 1894, are to be paid by such authorities and persons and out of such funds and rates as the Board may by order direct, and the Board may certify the amount of the expenses so incurred, and any sum so certi- fied and directed by the Board to be paid by any authority or person is to be a debt from that authority or person to the Crown. The ex- penses may include the salary of any inspector or officer of the Board engaged in the inquiry or proceeding, not exceeding three guineas a day. For the purposes of an inquiry under the Act the Local Govern- ment Board and their inspectors are given the same powers as they respectively have for the purpose of an inquiry under the Public Health Act, 1875 (38 & 39 Vict. c. 55) [Local Government Act, 1894, s. 72(1) (2) (3)]. See also page ic XI.] AREAS AND BOUNDARIES. 205 Those powers which are conferred by sections 293 to 296 of the Act of 1875 have Local Inquiiies. been explained on page ill, in connection with local inquiries relating to the compulsory acquisition of land. The power of the Local Government Board under section 294, to make orders as to the costs of inquiries is superseded for the pur- poses of the Local Government Act, 1894, by the provision in section 72 of the latter Act on the same subject. A County Council or any committee or person authorised by them to hold a local Powers of inquiry have, except for the purposes of a public inquiry under sections 9 and 10 of ^°""'y Council, the new Act (see page III), no such special powers as are conferred on the Local Government Board and their officers. Where a County Council hold a local inquiry under the Local J'^xpenses of „ .-'„ iiTi/i-. A nor. County Council. Government Act, 1894, or under the Local Government Act, 1888, on the application of the Council of a parish or district, or of an)- inhabitants of a parish or district, the expenses incurred by the Count}- Council in relation to the inquiry (including the expenses of an)- committee or person authorised by the County Council) are to be paid by the Council of that parish or district, or, in the case of a parish which has not a Parish Council, by the Parish Meeting. In other in- stances the expenses of the County Council incurred in the case of inquiries under the Local Government Act, 1894, are to be paid out of the county fund (Local Government Act, 1894, s. 72 (4) ). This provision does not apparently authorise a County Council to include in the expenses of an inquiry the proportions of the salary of any of their officers, for the Act confers on them no such express authority to do so as it confers on the Local Government Board in connection with inquiries or proceedings of that Board. It seems iloubtful whether the provision as to charging the expenses of an inc[uiry to the local authority, applies where the intjuiry is held, not expressly on the applica- tion of the Council or any inhabitants of the parish or district, but incidentally on an application for a certain act to be done, as, for example, for the constitution of a new urban district. As to this see the observations on page 113. County Councils to bring Act into Oper.\tion. It is expressly made the duty of every County Council to exercise bounty Councils 1 r 1 • 1 • • r 1 • • IT 1 'o exercise their all such of their powers as may be requisite for bringmg the Local powers. Government Act, 1894, into full operation within their county as soon as may be after its passing, and a County Council are authorised to Delegation to delegate their powers under the Act to a committee (s. 83). CHAPTER XII. Registration and Electio7is — Register of Parochial Electo7^s — Registration Proceedings — Disqualifi- cations of Candidates and Members of Local Aiit/iorities Mode of Election — First Elections. " Parochial electors." Who are " parochial electors." London and urban districts. Local govern- ment register. Parliamentary register. Married women. Register of Parochial Elector.s. The " parochial electors " under the Local Government Act, 1894, constitute in rural parishes the Parish Meeting, and in every parish or other area are the electors of the Parish and District Councils other than 1 own Councils, and of the Boards of Guardians. In London they are the electors not only of the Guardians but also of the members of the Vestry, and of the auditors of the accounts of the Vestries and District Boards. Being a parochial elector is also one of the qualifications for members of these various bodies. In connection with the constitution of Parish Meetings it has been shown that the parochial electors of a rural parish are the persons registered in such portion, either of the local government register of electors, or of the parliamentary register of electors as relates to the parish (s. 2 (i) ). When the expression "parochial elector," is used with reference to a parish in an urban district, or in the county of London or any county borough, it means any person who would be a parochial elector of the parish if it were a rural parish (s. 75 (2) ). The local government register for a parish in an administrative county is the county register of electors, and for a parish in a county borough or other municipal borough is the burgess roll. The parliamentary register is the register of persons entitled to vote at any parliamentary election. Women may be placed on the burgess roll of a borough and on the county register, but married women have been held to be disqualified by reason of coverture from being on the burgess roll, and consequently on the county register. This disqualification will not apply to elections under the Local Government Act, 1894, and, for the pur- poses of that Act, a woman is not to be disqualified by marriage for being on any local government register of electors, or for being an elector of any local authority ; but a husband and wife are not both to be qualified in respect of the same property (s. 43). Married women are not enfranchised by this provision for municipal a-id County Council elections, as these elections are not purposes of the Local Government Act, 1804. REGISTRATION AND ELECTIONS. 207 County electors Local Govern- ment franchises as applicable The County Electors Act, 1888 (51 Vict. c. 10), extended the "' burgess qualification " for the electors in a municipal borough, con- ferred by the Municipal Corporations Act, 1882, to the rest of the county, and made the parliamentary "^j^io occupation qualification" a qualification for registration as a county elector. In the following observations on the local government franchises as applicable to parochial electors, it must be understood that women, both married and single, if they possess the requisite qualifications, to parochial are entitled to be registered as well as men. Peers may be placed on the local government register, but not on the parliamentary register. Certain general qualifications apply to all the franchises, namely : General A person entitled to be registered must be of full age, and not subject ^i"''''''c;itions. to any legal incapacity, and must not at any time during the twelve months immediately preceding the 15th day of July have received any parochial relief ; ^ but where a person has received for himself or for any member of his family any medical or surgical assistance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered, and medical or surgical assistance includes all medical and surgical attendance, and all matters and things sup- plied by or on the recommendation of the medical officer of the union or parish at the expense of any poor rate. [Medical Relief Disquali- fication Removal Act, 1885 (48 & 49 Vict. c. 46)]. Among "legal incapacities" for the local government and parlia- mentary franchises are being an alien ^ and conviction for corrupt and illegal practices at elections. A person entitled to be registered as a County Elector or a Burgess must have fulfilled the following conditions : — I. — He must on the 15th July be, and for the whole of the preceding twelve months, have been, in occupation in the county or borough of property of a nature to entitle him to be registered. Such property is called "qualifying property." It must be cither — (i.) A house, warehouse, counting-house, shop or other building, in which case the occupation may be joint or several, (ii.) Part of a house separately occupied for the purpose of any trade, business, or profession, or as a dwelling. A person occupying part of a house separately will not be dis(puilitieil by reason of being entitled to the joint use of some other part. (iii.) Land or a tenement of a clear yearly value of not less than ^10 occupation ^10 ; and where such property is occupied jointly the yearly ^uahfi'ck:ion. value must be sufficient to give ^10 for each occupier, in order to confer the qualification. (Qualification in respect of such property is called a ^10 occupation burgess qualification. Qualifications of county electors and burgesses. Old burgess (Jualification. ^ See observations concerning relief on pages 217 and 218. - See page 217. Qualification of county elector and burgess. Residence. Rating. 208 HADDEN'S local government act, 1894. [CHAP. WTieie a person succeeds to qualifying property by descent, marriage, marriage settlement, devise, or promotion to a benefice or office, the occupancy of the property by a predecessor in title is equivalent to the occupancy of the successor. The qualifying property need not be, throughout the twelve months constituting the period of qualification, the same property, nor in the same parish [Municipal Corporations Act, 18S2 (45 & 49 Vict. c. 50), s. 33] ; but the property must be in the same borough, or, if not in a borough, in the same county. A person is entitled to be registered, notwithstanding that he has permitted his dwelling-house to be occupied as a furnished house by some other person, by letting it or otherwise, for a period not exceeding four months. A person is not disqualified for being registered by reason only that during part of the qualifying period not exceeding four consecutive months, he has in discharge of the duty of any office, service, or employment, been absent from his dwelling-house. II. — He must, during the whole of the twelve months which constitute the period of qualification, or, if the qualification is the ;^io occupation burgess qualification, during the last six months thereof, have resided ^ in the county or borough, or within seven miles thereof. In the case of a person letting his qualifying property as a furnished house, as above mentioned, he does not lose his qualification by residing beyond the seven miles during such letting. A person may also be absent for a period not exceeding four consecutive months in the performance of the duty of his office, service, or employment, without being disqualified [Municipal Voters Relief Act, 18S5 (48 Vict. c. 9) ]. A person occupying qualifying property in a borough, and residing more than seven miles from the borough, has no vote in respect of such property for the county in which the borough is situated, even although he may reside in the county. III. — He or some one else mu.st have been rated to all poor rates made during the twelve months constituting the qualifying period, in respect of the qualifying property. IV.- — He must, on or before the 20th July, have paid all poor rates, including county or borough rates, that have become payable by him in respect of the qualifying property up to the preceding 5th January. Payment of the rates by the owner of the property ,_ under an agreement with the occupier, or under any other agreement or obligation, is considered payment by the occupier, but gratutious payment by a person with no intercFt in the property will not be such payment by the occupier as to entitle him to be registered. — ^'. v. Bridgnorth (10 A. and E. 66). V. — He must, on or before the 20th July, when the qualification is a £^\o occupation burgess qualification, have paid the assessed taxes that accrued on or before the preceding 5th of January. 1 See page 29, as to what constitutes " residence." For a parish in the administrative county of London the limit of residence is \i\'Cn\r\. fifteen miles of the county. borough. XII.] REGISTRATION AND ELECTIONS. 20g A person entitled to be registered as a parliamentary elector for a Qualification of parliamentary borough must have one of the following qualifications: — ^rrUameiua"^^ I. — The ^lo occupation qualification — This is practically the same as the Local Government ;^io occupation burgess qualification previously explained ; but the property must be in the parliamentary borough and the residence within seven miles '^ of the parliamentar)' borough ; and the qualification does not extend to peers or women. II. — Household qualification — I.e., occupation of a dwelling house as inhalntant occupier on the 15th of July and for the whole of the twelve months immediately preceding that day (except the time (if any) not exceeding four months in the whole during which he has permitted the house to be occupied as a furnished house). The conditions as to rating and payment of rates and absence in discharge of the duty of any office, service, or employment, are similar to those laid down for the Local Government burgess qualification, with the exception that the condition as to the payment of rates does not apply to county or borough rates. If a person inhabits a dwelling house by virtue of any office, service, or emplo)'ment, and the dwelling house is not inhabited by any person under whom such man serves in such office, service, or employment, he is to be considered as an inhabitant occupier of that dwelling house. Where a person inhabiting a dwelling house would otherwise be entitled to be registered as an elector, he is entitled to be registered, notwith- standing his temporary absence from such house in the execution of his duty as a police officer during a part, not exceeding four consecutive months, of the twelve months ending on the 15th of July.- III.— Lodger qualification — i.e., occu]iation separately as a lodger for the whole twelve months immediately preceding the 15th of July of lodgings, being part of one and the same dwelling-house, and being of a clear yearly value, if let unfur- nished, of ;^io or upwards ; and a residence for the same period in such lodgings. If two or more persons are joint lodgers, and the value of the lodgings is such as to give ;f 10 or more for each lodger, two of such persons, but no more, are entitled to be registered as ))arliamentary electors. If a person has occupied different lodgings of the requisite value in the same house, in immediate succession, he is entitled to be registered as a parliamentary elector in respect of the occupation thereof. A jierson does not lose his qualification by reason of his absence in discharge of any office, service, or employment for a period not exceeding four consecutive months. A person must claim to be registered as a lodger. IV. — Reserved rights — I.e., certain rights existing in certain cases before the Reform Act, 1832 (3 IVill. IV. c. 4S). ' The limit is twenty-five miles in the case of a parish in the City of London. - By the Period of Qualification and Elections Bill now before the House of Commons, the Grjvernment propose to reduce the cjualifying jicriod generally to three months and to repeal all provisions rccjuiring rating or the payment of rates as a (lualification for the parliamentary franchise. The registration is proposed to be half-yearly. O 2IO hadden's local government act, 1894. [CHAr. ^iTeiector'fbra*^ ^ pcrson entitled to be registered as a parliamentary elector for a pariiamentarj' countv must have oiie of the following qualifications : — county. ° ^ I. — Ownership qualification. This may be shortly described as a qualification in respect of ownership of land, &c., as distinguished from occupation. Subject to certain conditions, it is conferred by ownership of — (i. ) Any freehold of inheritance of land or tenements of the annual value of at least forty shillings, (ii. ) Ereehold for life or lives of lands or tenements of an annual value above forty shillings, but below ;C5^ provided that the property is in the bond fide occupation of the owner ; or was acquired liefore the passing of the Reform Act, 1832 ; or was acquired by mirriage, marriage settlement, descent, devise, or accession to a benefice or oiifice. (iii.) Freehold, copyhold, or any other tenure, for life, or lives, or any larger estate, of lands or tenements of a clear yearly value of at least ;^5. (iv. ) Leasehold originally created for a term not less than 60 years, and of a yearly value of at leas: _^5. (v.) Leasehold of lands or tv.'aements originally created for a term not less than 20 years, and of a yearly value of at least ;i^50. II. — Occupation qualification, namely : — 7^50 rental qualification — This is merely a temporary provision for certain persons entitled in 1884, and is generally absorbed in the £\o occupation fjualification. J^'i.o occupation qualification — - This qualification is the same as the ^10 occupation burgess qualification for a county elector, except that residence is not required, and the assessed taxes need not have been paid, and that the qualification does not extend to peers and women. Household qualification — This is the same as in parliamentary boroughs. Lodger qualification — This is the same as in parliamentary boroughs. No person is qualified as an occupation voter for a county, in respect of property within a parliamentary borough. Registration Proceedings. Registration of 'pj^g registration of electors is carried out in the following way : — First, provisional lists of electors are prepared for each parish ; the lists are then revised by the Revising Barristers, subject to an appeal in certain cases to the High Court ; and, finally, the various necessary rolls of electors are made up and printed. The administrative duties connected with the preparation of the parish lists fall chiefly on the town clerks of parliamentary and municipal boroughs, and on the clerks of the county councils, and in each parish on the overseers of the poor. The Board of Guardians of any union which is not wholly comprised in an urban sanitary district, may, with the consent of the Overseers of any parish in their union, for which an Assistant Overseer has not been appointed, annually appoint a Registration Officer to perform the duties of Overseers in respect of the registration of voters for such parish. The same officer may be appointed for XII.] REGISTRATION AND ELECTIONS. 211 •more than one parish. The Guardians pay the officer and charge his remuneration Registration against the poor rates of the parish or parishes for which he is appointed, and if Order, 1889. he is appointed for more than one parish, in proportion to the number of electors registered for each parish. Instructions to Town Clerks and Clerks of the Councils were given by the Registration Order, 1889. The proceedings are as follows : — The town clerk of every parliamentary or municipal borougn, on Precept of Town or within seven days before the 15th April, sends a precept containing ^'^'■''• instructions to overseers, and a sufficient number of blank forms for the necessary lists, tp the Overseers of every parish within his borough. This precept instructs the overseers to prepare the .following lists : — The Occupiers List, The Reserved Rights List, The Old Lodgers List, The Non-resident List, .and various supplementary lists of claimants, persons objected to, &c The clerk of every County Council, also on or within seven days Precept of cierk before the 15th April, sends a precept and blank forms to the coimciT.""'"^ ■ overseers of every parish within the county, including the parishes within the county boroughs, directing the preparation of the same lists, .and in addition a list of ownership voters. To the overseers of parishes in a parliamentary or a municipal borough, a precept directing the preparation of a list of ownership voters only, is sent. Where a parish is situated partly within and partly without the boundary of a parliamentary county or borough, or a municipal borough, or an ailministrative county, each part of such parish is treated as a separate parish. On or before the i8th July, the Town Clerk, or Clerk of the County Council, also sends to the Overseers the "corrupt and illegal practices list," if there is such .a list. The Overseers prepare, on or before the 31st July, besides the Occupiers' List- exclusively parliamentary lists, the " Occupiers List," which is a list of persons entitled, in respect of the occupation of property in the parish, to be registered as parliamentary electors, or as county electors or burgesses, or both as parliamentary electors and as county electors or burgesses, as the case may be. The occupiers list is made out in three divisions, the first division containing the names of persons entitled to be registered both as parliamentary voters (in respect of occupation), and as county ■electors or burgesses ; the second division containing the names of persons entitled to be registered as parliamentary electors alone, and the third division containing the names of persons entitled to be registered as county electors or burgesses but not as parliamentary voters in respect of an occupation qualification. As the disqualification of married women is removed in respect of the local government ^i^nieU ^xumw. register of electors only, their names should be entered in the third ■ division of the list. o 2 Registration Order, 1889. Non-Resident List. Publication of Lists on ist August. Correction of Errors. Objections Withdrawal of Objections. I'ablication of Lists on 25th August. 212 HADDEN'S L0C.\L GOVERNMENT ACT, IS94. [CHAP„ The Overseers further, on or before the 31st July, prepare a h'st of persons quahfied in all respects but residence, and who, though resident beyond the seven miles, yet reside within fifteen miles of the county or borough, as the case may be, as such persons may be Cjuahfied to be County or Town Councillors, though not to vote.. This List is called the " Non-resident List." The Overseers, on or before the ist August, publish the occupiers- list, non-resident list, and the corrupt practices list, by fixing them in certain public places. They also retain copies of all these lists for public inspection and for sale. Any person whose name has been improperly omitted from the list of electors or the non-resident list thus prepared for a parish, may, on or before the 20th August, send notice to the Overseers claiming to have his name inserted. And if a person's name has been improperly inserted in the corrupt and illegal practices list, he may claim to have it omitted from that list. Also any person entered upon such a list, concerning whom there is any mistake in such list, may, whether or not he has received notice of objection, make a declaration before a Justice of the Peace or a Commissioner to administer oaths correcting such mistake. This declaration must be sent to the Town Clerk or Clerk of the County Council, as the case maybe, on or before the 5th September, and must be indorsed by him. The declaration so indorsed is evidence before the Revising Barrister. Any person on any list of electors in a county or borough, may object to the name of any other person on a list of electors for any parish in that county or borough. Where an objection is made, notice of such objection must be sent to the overseers of the parish of the person objected to. At the same time notice of objection must be sent to the person objected to, specifying the ground of objection. Objections may be withdrawn either partially or wholly on notice being sent not less than seven days before the day appointed for the holding of the final court of revision of the list to which the objec- tion relates. Objections in the case of the death of an objector may be revived on notice by any person qualified to have made the objection in the first instance. Notices of withdrawal and revival are sent, in municipal or parliamentary boroughs, to the Town Clerk, elsewhere to the Overseers. Notices are also sent to the person objected to. The Overseers on or before the 25th of August make out lists of claimants and of persons objected to. These lists they publish (on or before the 25th of August) and keep copies of, for public inspec- tion and for sale in the same way as the occupiers' lists. XII.] REGISTRATION AND ELECTIONS. 21 On or before the 25th of Augustthe overseers of a parish in a Registration municipal borough send, among other things, copies of the occupiers' "^ ^.!li ^" hst and of the claim and objection lists for their parish to the Town ^^p'^*^ <>* Lists clerk of the borough in which the parish is situated, and also, if the clerks, and to parish is not in a parliamentary borough, to the clerk of the County coumy'councii. Council. If the parish is not within a municipal borough the over- seers send copies to the clerk of the County Council, and also, if the parish is within a parliamentary borough, to the town clerk of the borough. Revision of Lists. For the purpose of the revision and correction of the lists prepared Revising by the overseers, revising barristers are appointed for every county and ^^'■'■"^'^■■^• every parliamentary borough. The lists for every parish in a parliamentary borough, or in a municipal borough which is as to any part co-extensive with a parlia- mentary borough, are revised by the revising barrister of the parlia- mentary borough. The lists for other parishes are revised by the revising barrister for the county, or part of a county, in which they are situated. The revising barristers hold open courts between the 8th September and the 12th October at convenient times and places, of which due notice is given beforehand.' Town clerks, clerks of county councils, and overseers attend at these courts and produce the parish lists of county electors, burgesses, ■claimants, persons objected to, &c., together with rate books, original notices of claims and objections, &c. In proceedings before the revising barrister his decision is final as to facts and as to the admissibility of evidence. The revising barrister is empowered and required to correct the him^^"°"'' '^ lists in certain matters, but entries in the lists are generally to stand unless objection is made and sustained. There must, where a claim to be registered is made, be prima facie proof of the validity of the claim. In the case of the name of a person being entered more than once as a parliamentary elector for the same county, the revising barrister was required to retain, subject to the right of the person to select the entry to be retained, one entry and erase the others [Registration Act, 1885 (41 & 42 Vict. c. 26) s. 4 (9)], except where the entries were in division one of the occupiers' list (^which contains the nances of persons entitled to be registered both as parliamentary electors and as ■county electors or burgesses) when he was required to place an asterisk • or mark against the dui)licate entries [County Electors Act, 1888 (51 Vict. c. 10, s. 7 (5) J. ■ By the Parochial Electors (Registration Acceleration) Bill now before Parlia- ment, the Government propose that the Revision Courts in 1894 shall he held between the 3rcl and 22nd of September inclusive, in order that the Register of Parochial Electors should come into operation on the 22nd of November, 1S94. Proceedings before revising barrister, Marking of names. 214 HADDEN'S local C.OVERNMENT act, 1894. CHAP. Persons entitletl to vote as Paroch ial Electors in more than one parish. ^Vhere a person was entered more than once as a parliamentary elector on the lists of electors for the same parliamentary borough, the revising barrister was required to retain, subject to the right of the person to select the entry to be retained, one entry for voting, and to place against the others a note that the person was not entitled to vote in respect of the 'qualification contained in the entries [Municipal Registration Act, 1878 (41 & 42 Vict. c. 26) s. 28 (14) ; 48 i^i 49, Vict. c. 15, s. 5]. These provisions were intended to secure that a person should not, in the same parliamentary constituency, have more than one vote, but they are modified by the Local Government Act, 1894, so as to permit a person to vote as a parochial elector in any parish in respect of which he possesses the requisite qualification. In future the revising barrister, instead of placing any mark or note against a duplicate entry, or erasing such entries, is to place against the name, if the person is entitled to vote in respect of that entry as a county elector or burgess, a mark signifying that his name should be printed in division three of the list (which contains the names of persons entitled to be registered as county electors or burgesses, but not as parliamentary voters in respect of an occupation qualification), or if he is entitled to vote only as a parochial elector, a mark signifying that he is entitled to be registered as a parochial elector, and the name so marked shall not be printed in the parliamentary register of electors, but shall be printed, as the case requires, either in division three of the local government register of electors, or in a separate list of parochial electors (s. 44 (6) ). Married women. Married womcn will be placed in the separate list. Out-Voters. Any person whose name appears on a list of parliamentary electors of any parish in and for any county, and who resides in another polling dis- trict of the county, may claim before the revising barrister to vote in the polling district where he resides, and any person whose name so appears, and who does not reside in the county, may claim to vote in any polling district of the county (6 &: 7 Vict. c. 18, s. 36). In the parish lists an asterisk only was prefixed to the names of persons voting in some other polling district, and their names were not numbered consecutively with the other names in those lists (s. 47). A separate supplemental list of such " out-voters " entitled to vote in a polling district is printed at the end of all the parish lists of that polling district (48 & 49 Vict.. c. 15, .s. 4(8)). As an out-voter is to be entitled to vote as a parochial elector for the parish in which he is qualified for the parliamentary franchise, it is now provided that in addition to an asterisk there shall be placed against his name a number consecutive with the other numbers in the. list (Local Government Act, 1894, s. 44 (5)). XII.] REGISTRATION AND ELECTIONS. 21 5 County ownership electors whose qualifying property is in a parlia- Revision of Lists. mentary borough are also to be entitled to be registered as parochial electors, but the names of these voters are on the parliamentary register of the county in which the borough is situated and not on the fhlp^ELctorr register of the borough. For the purpose of the register of parochial electors where a parish is in a parliamentary borough, that portion of the parliamentary register of electors for the county which contains the names of persons registered in respect of the ownership of any property in the parish is to be deemed to form part of the parlia- mentary register of electors for the parish (s. 44 (2) ). A person, however, is not to be registered more than once as a ^^^"[^J^^^g parochial elector in a parish, and where his name is entered both in registered once the ownership list and in the occupation list of voters in the same °^|.y i^" ^^^ "^""^ parish, and the revising barrister places against that name a mark or note signifying that the name should be printed in division three of the local government register, an asterisk or other mark is to be there printed against the name, and such person is not to be entitled to vote as a parochial elector in respect of that entry. This provision in effect means that a person, who is entered on the list of parliamentary electors for a county in respect of an ownership (}ualification, and who is also registered as a county elector or burgess, but in respect of the latter qualification is placed in division three of the register which contains the names of persons entitled to be registered as county electors and burgesses but not as parliamentary electors in respect of an occupation qualification, shall be registered as a parochial elector by virtue of his parliamentary qualification, and not by virtue of his local government qualification. Nothing in any Act is to prevent a person, if duly qualified, from Registration in being registered in more than one register of parochial electors ; and parlshe.^""^^ any person may claim for the purpose of having his name entered in ^laims^to be the parochial electors list, and the law relating to claims to be entered in lists of voters shall apply (s. 44 (4) (9) ). Appeal from Revising Barrister. An appeal lies from the decision of a revising barrister to a Divi- bmtfonai sional Court of the Queen's Bench Division on a point of law. The Court. aggrieved person intending to appeal, or some one on his behalf, must give a notice in writing to the barrister before the rising of the Court, whereupon the barrister, if he thinks it a proper case, must within ten days after the conclusion of the revision, state the material facts and his decision thereon, in the form of a special case. Preparation ok Registers of Electors. After the lists have been revised by the barrister lie delivers the revised lists to the clerk of the county council ; or if tlu- list relates to a borough, to the town clerk of the borough, who 2l6 HADDEN'S LOCAL GOVERNMENT ACT, 1 894. [CHAT. Preparation of Registers of Electors. Register of parochial electors. Separate List. Lists and Register for Wards of Urban Districts and Parishes. mu.st send copies of such revised lists to the clerk of the county council, and from the.se lists the clerks of the county councils and town clerks prepare and have printed the various rolls of electors necessary, arranging these lists in parts, so that the parts can be put together for use in electoral divisions, boroughs, wards of boroughs, and polling districts. In making out these lists, the list of each polling district is distinguished by a letter, and the name for each elector by a number, so that there is one complete set of numbers for each polling district. Each part of each register is made in alphabetical order of surnames, except that the parts of the register relating to parishes in which the lists have been made out in the order of premises, may follow the same order. The clerk of tlie county council or town clerk, as the case maybe, is required in printing the lists returned to him by the revising barrister, to do everything that is necessary for carrying into effect the provisions of section 44 of the Local Government Act, 1894, with respect to the persons whose names are marked by the revising barrister in pursuance of the section (sub-s. 10). The local government register of electors, and the parliamentary register of electors, so far as they relate to a parish, will, together, form the register of the parochial electors of the parish (s. 44 (i ) ). The separate list of persons who are entitled to be registered as parochial electors, but not as parliamentary or local government electors in a parish, is to form part of the register of parochial electors of the parish, and to be printed at the end of the other lists of electors for the parish, and the names are to be numbered consecutively with the other names on those lists, and the law relating to the register of electors is, with the necessary modifications, to apply accordingly, and the lists are, for the purposes of the Act, to be deemed to be part of the register of parochial electors (s. 44 (8) ). The register of parochial electors is generally conclusive for the pur- pose of determining the right of a person to vote in an election under the Act, or to attend a Parish Meeting. Any person whose name is not in that register will not be entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register will be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by the Local Government Act, 1894, or any other Act of Parliament (s. 44 (i) ). The lists and register of electors in any parish must be framed in parts for wards of urban districts and parishes in such manner that they may be conveniently used as lists for polling at elections for any such wards (s. 44 (3) ). Generally the lists and registers of parochial electors are to be made out in such parts as may be necessary for the first elections under the Act(s. 84(4)). Any County Council having under consideration any division into XII.] REGISTRATION AND ELECTIONS 217 wards, or alteroition of the boundaries of any parish, or union, or Reg'^5.^"r\o be district, which is to affect the first elections in 1894, may direct that the framed in pans lists of voters shall be framed in parts corresponding with the proposed division or alteration, so that the parts may serve either for the un- altered parish, union, or district, or for the same when divided or filtered ; and if the County Council making such division or alteration on or after the ist of July, 1894, and on or before the last day of August, 1894, so direct, the clerk of the County Council must make such adjustment of the registers cf parochial electors as the division or alteration may render necessary for enabling every parochial elector to vote at the first election in the ward, union, or district in which his <|ualification is situate, and in that case the said division or alteration is to be observed in the case of that election (s. 84 (3) ). A division or alteration made after the last day of August, 1894, will be too late to affect the first election, unless provision has been made for the alteration or division in the preparation of the lists. Disqualifications of Candidates and Members of Parish and District Councils. Under section 46 of the Local Government Act, 1894, a person is ■disqualified for being elected or being a member, or chairman, of a Council of a parish or of a district other than a borough or of a Board of Guardians ; ' if he — (a) is an infant or an alien ; A person attains full age in law on the clay before his or her twenty-first Infancy and birthday. alienage. The law relating to alienage is too lengthy to be given more than a passing note in this work. All persons who are born of parents in actual obedience to the Queen at any place within her dominions are British subjects. Generally the children and grandchildren of British subjects are, wherever born, British subjects. Persons who are born aliens may by letters of denization or certificate of naturalisation become British subjects [Naturalisa- tion Act, 1870 (33 & 34 Vict. c. 14) ]. The wife or widow of an alien is also an alien. A person born in Hanover whilst that kingdom was under the same sovereign as England liecame an alien at the accession of the Queen, when that kingdom ceased to be ruled by the English sovereign. — Isaacson V. Duraiit, 17 Q. B. D., 54. {})) has within twelve months before his election, or since his belief, election, received union or parochial relief; Relief to a wife is to be considered as given to her husband, and relief to a child under sixteen, not being blind or deaf and dumb, is to be considered as given to the father, or to the mother if a widow [Poor Law Amendment .Act, 1834 (4& 5 Will. IV. c. 76) s. 56]. Relief to the children of a wife by a former husband or to the illegitimate children of a wife, is relief to the husband (s. 57). Relief to an illegitimate child, when the mother is a single woman or a widow, is relief to the mother (s. 71). Relief to the husljand or children of a married woman having separate properly does not appear to be relief to her, notwithstanding her lialjilily to maintain them under the Married Wcjmen's Property Act, 1882 (45 & 46 Vict. c. 75, ss. 20, 21). ' The qualifications for these offices have been referred to in previous chapters, where the constitution of the various bodies have Ijeen dealt with. 2l8 TIADDEX'S LOCAL COVERNMENT ACT, 1 894. [CHAP. Disqualification of candidates and members. Medical relief. Crime, Bankruptcy, &c. Paid officer Contracts. Exceptions. Relief to a father is not considered to be relief to the son. — J\. v. Ireland y L. R., 3 Q. B., 130; Trotters. Trevor, 32 L. J., C. P., 59. Persons employed liy way of relief by guardians at wages have been hekl to have received parochial relief. — Jl/agarn'l v. Overseers of Whitehaven, 16 Q. B. D., 242 ; 55 L. J., Q. B., 38. Payment of the school fees of the children of poor persons not being paupers [Elementary Education Act, 1876 (39 & 40 Vict. c. 79) s. 10] and vaccina- tion by the puljlic vaccinator [Vaccination Act, 1867 (30 <*t 31 Vict. c. 84) s. 26] do not disqualify ; but other medical relief disqualifies a person to be a candidate or member of the different local authorities mentioned in section 46, as the Medical Relief Disqualification Removal Act, 1885. (48 & 49 Vict. c. 46) ' only relieves from the discpialification for being registered as an elector and voting at elections. {c) has, within five years before his election or since his election,, been convicted either on indictment or summarily of any crime, and sentenced to inprisonment with hard labour without the option of a fine, or to any greater punishment, and has not received a free pardon, or has, within or during the time aforesaid, been adjudged bankrupt, or made a composition or arrangement with his creditors ; The disqualification imposed on account of bankruptcy or of a composition or arrangement with creditors by this provision ceases, in case of bankruptcy, when the adjudication is annulled, or when he obtains' his discharge with a certificate that his bankruptcy was caused by misfortune without any mis- conduct on his part, and, in case of composition or arrarigement, on payment of his deljts in full (sub-s. (4) ). A summary conviction under the Criminal Law and Procedure (Ireland)' Act, 18S7, for unlawfully taking part in a criminal conspiracy to inter- fere with the administration of the law in a proclaimed district iri Ireland i.s a conviction for " crime." — Conybeare v. Lo7idon School Board ( [1891] I Q. B., 118 ; 60 L. J., Q. B., 44). {d) holds any paid ofiice under the Parish Council, or District Council, or Board of Guardians, as the case may be ; or {e) is concerned in any bargain or contract entered into with the Council or Board, or participates in the profit of any such bargain or contract, or of any work done under the authority of the Council or Board (sub-s. (i) ). But a person is not to be disqualified for being elected or being a member or chairman of any such Council or Board by reason of being interested — (a) in the sale or lease of an\- lands or in an)- loan of money to the Council or Board, or in any contract with the Council tor the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing high- ways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or {p) in any newspaper in which any advertisement relating to the affairs of the Council or Board is inserted ; or {c) in any contract with the Council or Board as a shareholder in any joint stock company. He must not, however, vote at ' See page 207. XII.] REGISTRATION AM) ELECTIONS. 219 any meeting of the Council or Board on any question in which such company are interested, but in the case of a water com- pany or other company estabbshed for the carrying on of works of a hke pubhc nature, this prohibition may be dispensed with by the County Council (sub-s. (2)). Where a person who is a parish councillor, or is a candidate for election as a parish councillor, is concerned in any such bargain or contract, or participates in any such profit as would disqualify him for being a parish councillor, the disqualification may be removed by the County Council if they are of opinion that such removal will be be beneficial to the parish (sub-s. (3) ). There is no power to remove such a disqualification in the case of a member of a Board of Guardians or of a District Council or in the case of the chairman of the Parish Councih Where the chairman of the Parish Council has been elected from the parish councillors,^ he may remain a councillor if the County Council remove the disqualification arising from his being concerned in any liargain or contract with tJie Council, but he cannot continue to be chairman. The disqualifications arising from holding any paid office under the Parish Council, or District Council, or Board of Guardians, or from being concerned in any contract with the Council or Board, will generally have effect in relation to the Council or Board only under which the paid office is held or with whom the contract is entered into ; but in the case of a rural district councillor who becomes disqualified he will, on ceasing to be qualified as a rural district ( ouncillor, also cease to be qualified to represent the parish or other area on the Board of Guardians (s. 24 (3) ), as one and the same person must hold both offices. In the converse case of a person, who as a rural district councillor represents a parish or other area on the Board of Guardians, being disqualified to hold the office of guardian, it is specially provided that he shall also be disqualified for being a rural district councillor (sub-s. (5) ). If any person acts when discjualified, or votes when prohibited, he w ill for each offence be liable on summary conviction to a fine not exceeding twenty pounds (sub-s. (8) ). There are other statutory disqualifications besides those enumerated ill section 46 of the Local Government Act, 1894, which apply to ihe membership of bodies elected under the Act. See, for instance, the disqualifications imposed by the 47 & 48 Vict c. 70 (referred to on page 228), and by the Public Bodies Corrupt Practices Act, ■889 (52 & 53 Vict. c. 69). The latter statute makes it a mis- I'emeanour to corrupt or bribe a servant, officer, or member of a 1 ublic body, and for a servant, officer, or member to be corrupted or 1 ribed. Among other penalties, which may be imposed by the (^ourt upon conviction for an offence under the Act, is incapacity to Disqualification of candidates and members. Dispensationlby Countj- Council Penalties. Other .statutory disqualifications. Corrupt and illegal practices at elections. liribery .nnd corruption of officers and mem- bers of local authorities. See page 29. 220 HADDEN'S LOCAL (GOVERNMENT ACT, 1 894. [CHAP. Disqualification of candidates and members. be elected or appointed to any public office for seven years. Upon a .second conviction an offender is liable to be adjudged to be for ever incapable of holding any public office (s. 2). The expression " public body " means any council of a county or county of a city or town, any council of a municipal borough, also any body which has power to act under and for the purposes of any Act relating to local government, or the public health, or to poor law or otherwise to administer money raised by rates in pursuance of any public general Act, and the expression "public office" means any office or employ- ment of a person as a member, officer, or servant of such public body (s. 7). Absence. Declaration by Council or Vacation oj Office. If a member of a Council of a parish, or of a district other than a borough, or of a Board of Guardians, is absent from meetings of the Council or Board for more than six months consecutively, except in case of illness or for some reason approved by the Council or Board, his office will on the expiration of those months become vacant (Local Government Act, 1894, s. 46 (6)). The office of chairman of an Urban District Council does not appear, under this provision, to be vacated by reason of absence from meetings of the Council, as the person holding the office does not form, as chairman, part of the Council ' in the same way as the chairman of a Parish Council " and the chairman of a Rural District Council ^ are respectively members of the Parish Council and Rural District Council. Where a member of a council or Board of Guardians becomes disqualified for holding office, or vacates his seat for absence, the Council or Board are forthwith to declare the office to be vacant, and signify the same by notice signed by three members and counter- signed by the Clerk of the Council or Board, and notified in such manner as the Council or Board direct, and the office will thereupon become vacant (sub-s. (7) ). According to subsection (6), in the case of absence from meetings for more than six months consecutively, the office, on the expiration of those months becomes vacant; but according to subsection (7) it becomes vacant on the taking of the proceedings required by the subsection. The latter subsection must be held to govern the provi- sions of the former subsection. Application to London and Woolwich. Section 46 applies in the case of any authority whose members are elected in accordance with the Act in like manner as if that authority ' See page 131. ^ See page 29. See page 129. XII.] REGISTRATION AND ELECTIONS. 221 were a District Council, and in the case of London auditors as if Disqualification they were members of a District Council (sub-s. (9) ). ^^'membert'"""^ The disqualifications imposed by the section will therefore apply to , — , the members of the London vestries and District Boards and of the Woou"ich. Local Board of AVoolwich/ as well as to London auditors. Procedure at Elections. In all elections under the Local Government Act, 1894, whether of One man one Parish Councillors (s. 2 (2) ), of Guardians (s. 20 (4) ), of Rural ^'°'*^' District Councillors (s. 24 (4) ), of Urban District Councillors (s. 23 (4) ), or of members of the Vestries in the metropolis, and of the auditors of their accounts and members of the Local Board of Woolwich (s. 31 (i) ), each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected. There is therefore no plural voting under the Act. Each elector must give his vote in person, and owners will no piurai voting no longer, as was the case in elections of Local Boards and of «»■ voting by . ^ . . . proxy. Guardians, have the privilege of voting by proxy. Corporations also will not be entitled to vote by an authorised agent. Elections under the Act will be conducted by ballot, except that Ballot, an election of a Parish Councillor at a Parish Meeting may take place by show of hands unless a poll is demanded. The election of a Parish Councillor is to be at a Parish Meeting, Election of or at a poll consequent thereon (s. 48 (i) ). A poll is not to be P^"«h councillor, taken unless either the chairman of the Meeting assents or the poll is demanded by not less than five or one-third of the parochial electors present, whichever number is the least " (Schedule L, Part L R. 7). Mode of Election. Parliament has only sketched out the general scheme for elections j "^a^ Go!em- under the Act, and has left the details to be settled by means of ■"*-'"' Board. Rules to be framed by the Local Government Board, which, notwith- standing anything in any other Act, will have effect as if enacted in the Local (Government Act (ss. 3 (6), 20 (5), 23 (5), 24 (4), 31 (i). The Rules will deal with the •' nomination," as well as the election, of candidates, as the expression " election " includes both the nomina- tion and the poll (s. 75 (2) ). As the Local Government Board are empowered to ado[)t and alter certain statutory provisions mentioned in section 48, which are generally to apply, there will necessarily be uncertainty, until the Rules are issued, as to how far, and subject to what modifications, the incorporated enactments will be applicable to elections under the Act. ' Sec ])agc 141. ^ See page 18. IMode of Election. Rules of Local Government Board provide for nomination ; voting once in a district, time of poll ; simultaneous elections ; and .appointment of returning .officers. Date of coming into office. Application of •enactments. 22 HADDEN'S local (lOVERNMENT ACT, 1 894. [CHAP. Certain things must be provided by the Rules, namely : (i.) for every candidate being nominated in writing by two parochial electors as proposer and seconder and no more ; (ii.) for preventing an elector at an election for a union or for a district not a borough from subscribing a nomination paper or voting in more than one parish or other area in the union or district; (iii.) for preventing an elector at an election for a parish divided into parish wards ' from subscribing a nomination paper or voting for more than one ward ; (iv.) for fixing or enabling the County Council to fi.x the day of the poll and the hours during which the poll is to be kept open, so, however, that the poll shall always be open between the hours of six and eight in the evening ; But the Elections (Hours of Poll) Act, 18S5 (48 Vict. c. 10), is to apply to elections to the London vestries (Local Government Act, 1894, s. 31(1)). Under that Act the poll (if any) must be kept open from 8 a.m. to 8 p.m. (v.) for the polls at elections held at the same date and in the same area being taken together, except where this is imprac- ticable ; (vi.) for the appointment of returning officers for the elections (s. 48 (i) ). It is contemplated by section 79 (i) that the existing Boards of Guardians ami Urban and Rural Sanitary Authorities may be required by the Rules to appoint returning officers for the first elections.' The Rules may also fix the day for the coming into office of the persons first elected under the Act ^ (s. 84 (2) ). At every election regulated by Rules framed under the Local Government Act, 1894, the poll is to be taken by ballot, and The Ballot Act, 1872 (35 & 36 Vict. c. ;^^) ; The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50)^ sections 74 and 75"* , and Part IV, as amended by 47 & 48 Vict. c. 70, and ; The Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), including the penal provisions of those Acts are, subject to adaptations^ alterations, atid exceptiojis made by the Rules, to apply in like manner as in the case of a municipal election. But independently of the Rules, without exception, {a) section 6 of the Ballot Act, 1872, is to apply in the case of such elections, and the returning officer may, in addition to ' See page 199. "-^ See page 232. ^ See page 6. •* Section 75 of the 45 & 46 Vict. c. 50 imposes penalties for neglect in the jirepp.ration of lists or in the conduct of an election {see page 330 of the Appendix). XII.] REGISTRATION AND ELECTIONS. 223 using the schools and pubUc rooms therein referred to free of charge, for taking the poll, use the same, free of charge, for hearing objections to nomination papers and for counting votes ; and (Ji) section 37 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, is to apply as if the election were an election mentioned in the First Schedule to that Act. The enactments referred to, so far as they are applicable to a municipal election, are set out at pages 296, 329, and 338 of the Appendix ; but it is not possible to determine to what extent they may be modified by the Rules to be framed by the Local Government Board. Bearing this in mind, some principal provisions may be noticed. A poll (if any) will be taken under the secrecy of the ballot. The First Schedule of the Ballot Act, 1872, contains Rules for the conduct of elections, but no election is to be declared invalid if the election was conducted in accordance with the principles laid down in the body of the Act, and any non-compliance with the Rules did not affect the result of the election (s. 13). Every returning officer is required to provide nomination papers, polling stations, ballot boxes, ballot papers, stamping instruments, copies of registers of voters, and other things, and appoint and pay officers, and do other necessary acts and things for the purpose of •effectually conducting the election (35 & 36 Vict. c. 35, s. 8 Sched. I, Part. I, R. 20). Any ballot boxes, fittings, and compartments provided by or belonging to any public authority, for any election (whether parlia- mentary, county council, municipal, school board, or other), is, on request, and if not required for immediate use by the authority, to be lent to the returning officer for an election under the Local Govern- ment Act, upon such conditions and either free of charge or, except in cases prescribed by the Local Government Board, for such reasonable charge as may be prescribed (Local Government Act, 1894, s. 48 (6) ). The returning officer is also entitled to use, free of charge, any room in a school receiving a parliamentary grant, and any room maintainable out of any local rate for the purpose of tlie poll (35 u.-il vacancies Resignation of guardian-. E.\penses of election of guardians. Not applicable to rural district councillors. Scale of e.vpenses. (i) The expenses of a municipal election are defrayed out of the borough fund (Municipal Corporations Act, 1882, s. 140 (i); Schedule III, Part III, R. 5 ; Schedule V, Part II, R. 10). (2) Under section 34 of the same Act, a qualified person elected to an office must, if he does not by making a declaration (s. 35), accept office, pay a fine. The Council may by byelaw determine the amount of fine, but in no case is it to exceed ^100. (3) A similar fine is payable on resignation of office (s. 36). This will not be applicable to guardians and rural district councillors. (4) A person ceasing to hold office is, unless disqualified, re-eligible (s- 37)- (5) On a casual vacancy, an election must be held in the same manner as an election to fill an ordinary vacancy, and the person elected will hold office only so long as the person in whose place he is elected would have held office. Non-acceptance of office creates a casual vacancy (s. 40). The election is to be held within 14 days of notice of the casual vacancy being given to the mayor or town clerk (s. 66). Under the Local Government Act, 1894, a casual vacancy occur- ring within six months before the ordinary day of retirement from the office in which the vacancy occurs, is not to be filled until the next ordinary election. The Local Government Board may, under section 1 1 of the Poor Law Amendment Act, 1842 (5 &: 6 Vict. c. 37), accept the resignation of any person elected as a guardian tendered for any cause which they may deem reasonable. Generally, the expenses of the election of guardians is payable out of the union fund, but where an election of guardians is contested, the expenses incurred in consequence of the contest are under Article 35 of the General Consolidated Order issued by the Local Government Board on the 14th of February, 1877, to be charged to the parish in which the expenses have been incurred. The Rules may provide that the incidence of the expenses for an election of guardians may remain unaltered, but in rural parishes there will be no election of guardians as such (Local Government Act, 1894, s. 24 (3) ). Only as regards urban parishes can this matter be dealt with by the rules under the provision in section 48 (4) (c). The expenses of any election under the Local Government Act, 1894, are not to exceed the scale fixed by the county council, and if at the beginniiia; of one month before the first election ■ under the ' See page 232. XII.] REGISTRATION AND ELECTIONS. 235 Act a county council have not framed any such scale for their count\, the Local Government Board may frame a scale for the county, and the scale so framed will apply to the first election, and will have effec-t as if it had been made by the county council, but will not be alter- able until after the first election (s. 48 (7) ). Section 48 is subject to any adaptations made by the rules of the i^olls at Parish Local Government Board, to apply in the case of every poll consc- ^^eetings. quent on a parish meeting, as if it were a poll for the election of parisli councillors (s. 48 (8) ). The procedure at a poll consequent on a parish meeting, as deter- mined by the rules, will probably be much simpler in character than the procedure at an annual election. CHAPTER XIIL Repeals — Effect of Repeal. Kxtein of The Sccond Schedule of the Local Government Act, 1894,' contains Kepeas. ^ table of enactments which are expressly repealed as from the appointed day to the extent mentioned in the third column of the Schedule. The enactments repealed are provisions superseded, or practically repealed, by other provisions of the Act, and, where necessary, allusion has been made to the repeals in connection with the subjects to which the repealed provisions respectively relate. It is to be remembered that some of the provisions are repealed to a certain extent only ; for instance, the provisions relating to vestries are repealed so far as they would otherwise relate to Parish Meetings and Parish Councils under the Act, and the provision in section 10 of the Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106), which enables Corporations to vote as ratepayers by officers ap- pointed for that purpose, is repealed so far as it relates to elections of guardians. That provision of the Act of 1867 may still have application where the owners and ratepayers vote, as in urban parishes and, in some instances, perhaps, in rural parishes also (xee page 22). General Repeal Besides thc cxprcss repeals contained in the Second Schedule, so of inconsistent k ^ ^ ^ ^• i 11 i i- provisions. much 01 any Act, whether public, general, or local and personal, as is inconsistent with the Local Government Act is also repealed (s. 89) i:ffect of The effect of a repealing section of an Act depends upon section ^emon"^ Z'^ of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), which enacts that where any Act repeals and re-enacts, with or without modification, any provisions of a former Act, references in any other •Vet to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted ; and where any Act repeals any other enactment, then unless the contrary intention appears, the repeal shall not — {a) revive anything not in force or existing at the time at which the repeal takes effect ; or {h) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed ; or ' See page 290 of the Appendix. REPEALS. 237 {c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed ; or {d) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed ; or (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid ; and any such investigation, legal proceeding, or remedy ma)- be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the repealing Act had not been passed. 238 LOCAL GOVERNMENT ACT, 1 894. Appendix A. FULL TEXT OF THE LOCAL GOVERNMENT ACT, 1894. [56 & 57 Vict. Ch. 73.] ARRANGEMENT OF SECTIONS. PART I. Parish Meetings and Parish Councils. Coiistittition of Parish Meetings and Parish Councils. .Section. 1. Constitution of parish meetings and establishment of parish councils. 2. Parish meetings. 3. Constitution of parish council. 4. Use of schoolroom. Powers and Ditties of Parish Councils and Parish Meetings. Parish council to appoint overseers. Transfer of certain powers of vestry and other authorities to parish council. Transfer of powers under adoptive Acts. Additional powers of parish council. Powers for acquisition of land. Hiring of land for allotments. Restrictions on expenditure. Borrowing by parish council. Footpaths and roads. Public property and charities. Delegated powers of parish councils. Complaint by parish council of default of district council. Parish officers and parish documents. Parish wards. Provisions as to small parishes. PART IL Guardians and District Councils. 20. Election and qualification of guardians. 21. Names of county districts and district councils. 22. Chairman of council to be justice. 23. Constitution of district councils in urban districts not being boroughs. 24. Rural district councils. 25. Powers of district council with respect to sanitary and highway matters. 26. Duties and powers of district council as to rights of way, rights of common, and roadside wastes. 56 AND 57 VICT. CAP. 73. 239 Section, 27. Transfer of powers of justices to district council. 28. Expenses cf urban district council. 29. Expenses of rural district council. 30. Guardians in London and county boroughs. 31. Provisions as to London vestries and district boards. 32. Application to county boroughs of provisions as to transfer of justices' powers. 33. Power to apply certain provisions of Act to urban districts and London. 34. Supplemental provisions as to control of overseers in urban districts. 35. Restrictions on application of Act to London, &c. PART in. Areas and Boundaries. Duties and powers of county council with respect to area and boundaries. Provision as to parishes having parts with defined boundaries. Orders for grouping parishes and dissolving groups. Provisions for increase and decrease of population. Certain orders of county council not to require confirmation. Reduction of time for appealing against county council orders. Validity of county council orders. PART IV. Supplemental. Parish Meetinsrs and Elections. Removal of disqualification of married women. Register of parochial electors. Supplemental provisions as to parish meetings. Disqualifications for parish or district council. Supplemental provisions as to parish councils. Supplemental provisions as to elections, polls, and tenure of office. Provision as to parish meeting for part of parish. Supplemental provisions as to overseers. Pa7-ish and District Councils. Public notices. Supplemental provisions as to transfer of powers. Supplemental provisions as to adoptive Acts. Effect on parish council of constitution of urban district. Power to change name of district or parish. Committees of parish or district councils. Joint committees. Audit of accounts of district and parish councils and inspection. Supplemental provisions as to district councils. Miscellaneous. Supplemental provisions as to guardians. Place of meeting of parish or district council or board of guardians. Permissive transfer to urjjan district council of powers of other authorities. Provisions as to county ccnincil accpiiring jjowers of district council. County council may act through district council. 240 LOCAL GOVERNMENT ACT, 1 894. Section. 65. Saving for harbour powers. 66. Saving for elementary schools. 67. Transfer of property and debts and liabilities. 68. Adjustment of property and liabilities. 69. Power to deal with matters arising out of alteration of boundaries. 70. Summarj' proceeding for determination of questions as to transfer of powei 71. Supplemental provisions as to county council orders. 72. Provisions as to local inquiries. 73- Provision as to Sundays and bank holidays. 74- Provisions as to Scilly Islands. 75- Construction of Act. 76. Extent of Act. 77. Short title. PART V. Transitory Provisions. 78. First elections to parish councils. 79. First elections of guardians and district councils. 80. Power of county council to remove difficulties. 81. Existing officers. 82. Provision as to highways. 83. Duty of county council to bring Act into operation. 84. Appointed day. 85. Current rates, &c. 86. Saving for existing securities and discharge of debts. 87. Saving for existing byelaws. 88. Saving for pending contracts, &c. 89. Repeal of Acts. Schedules. [56 & 57 Vict.] Local Government Act, 1894. [Cii. 73.] CHAPTER 73. An Act to make further provision for Local Government in E mi land and Wales. \^th March, 18^4.'] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same, as follows : PART I. Parish Mektings and Parish Councils. Constitution of Parish Meetings and Parish Councils. Sect, l.^(i-) There shall be a parish meeting for every rural parish, and Constitution of there shall be a parish council for every rural parish which has a population of P^"^" ™hr'i?^* three hundred or upwards : Provided that an order of the county council in ment of pursuance of Part III. of this Act — parish councils. [a.) shall, if the parish meeting of a rural parish having a population of one hundred or upwards so resolve, provide for establishing a parish council in the parish, and may, with the consent of the parish meeting of any rural parish having a population of less than one hundred, provide for establishing a parish council in the parish ; and (b.) may provide for grouping a parish with some neighbouring jiarish or parishes under a common parish council, but with a separate parish meeting for every parish so grouped, so, however, that no parish shall be grouped without the consent of the parish meeting for that parish. (2.) For the purposes of this Act every parish in a rural sanitary district shall be a rural parish. {3.) Where a parish is at the passing of this Act situate partly within and partly without a rural sanitary district, the part of the parish which is within the district, and the part which is without, shall as from the appointed day, but subject to any alteration of area made by or in pursuance of this or any other Act, be separate parishes, in like manner as if they had been constituted separate parishes under „ . the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending e?6i.*° "^' the same.^ Sect. 2. — (i.) The parish meeting for a rural parish shall consisi of tlie I'^irish meetings following persons, in thts Act n.-ferred to as parochial electors, and no others, namely, the persons registered in such jxjrtion either of the local government register of electors or of the parliamentary register of electors as relates to tlie ])arish. (2.) Each parochial elector may, at any parish meeting, or at any poll consequent thereon, give one vote and no more on any c|uestion, or, in the case of an election, for each of any number of persons not exceeiling the number to be elected. (3.) The parish meeting shall assemble at least once in every year, and the pro- ceedings of every parish meeting shall begin not earlier than six o'clock in the evening. ^ The effect of these Acts is set out at page 11. 242 LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict, c. 73. s. 2. Constitution of parish council. Use of schoolroom. 53 & 54 Vict. c. 65. (4.) Subject to the provisions of this Act as to any particular person being the chairman of a parish meeting, the meeting may choose their own chairman. (5.) A poll consequent on a parish meeting shall be taken by ballot. (6.) The reasonable expenses of and incidental to the holding of a parish meeting or the taking of a poll consequent thereon shall be defrayed as herein-after provided. (7.) With respect to parish meetings the provisions in the First Schedule to this Act shall have eft'ect. Sect. .3. — (i.) The parish council for a rural parish shall be elected from among the parochial electors of that parish or persons who have during the whole of the iwelve months preceding the election resided in the parish, or within three miles thereof, and shall consist of a chairman and councillors, and the number of councillors shall be such as may be fixed from time to time by the county council, not being less than five nor more than fifteen. (2.) No person shall be disqualified by sex or marriage for being elected or being a member of a parish council. (3.) The term of office of a parish councillor shall be one year. \4. ) On the fifteenth day of April in each year (in this Act referred to as the ordinary day of coming into office of councillors) the parish councillors shall go out of otifice, and their places shall be filled by the newly elected councillors. (5.) The parish councillors shall be elected by the parochial electors of the parish. (6.) The election of parish councillors shall, subject to the provisions of this Act, be conducted according to rules framed under this Act for that purpose by the Local Government Board. (7.) The parish council shall in every year, on or within seven days after the ordinary day of coming into office of councillors, hold an annual meeting. (8.) At the annual meeting, the parish council shall elect from their own body or from other persons qualified to be councillors of the parish, a chairman, who shall, unless he resigns, or ceases to be qualified, or becomes disqualified, continue in office until his successor is elected. (9. ) Every parish council shall be a body corporate by the name of the parish council, with the addition of the name of the parish, or if there is any doubt as to the latter name, of such name as the county council after consultation with the parish meeting of the parish direct, and shall have perpetual succession, and may hold land for the purposes of their powers and duties without licence in mortmain ; and any act of the council may be signified by an instrument executed at a meeting of the council, and under the hands or, if an instrument under seal is required, under the hands and seals, of the chairman presiding at the meeting and two other members of the council. (10.) With respect to meetings of parish councils the provisions in the First Schedule to this Act shall have effect. Sect. 4. — (i.) In any rural parish in which there is no suitable public room vested in the parish council or in the chairman of a parish meeting and the overseers which can be used free of charge for the purposes in this section mentioned, the parochial electors and the parish council shall be entitled to use, free of charge, at all reasonable times, and after reasonable notice, for the purpose of — (a) the parish meeting or any meeting of the parish council ; or (i) any inquiry for parochial purposes by the Local Government Board or any other Government department or local authority ; or (c.) holding meetings convened by the chairman of the parish meeting or by the parish council, or if as to allotments in the manner prescribed by the Allotments Act, 1890,^ or otherwise as the Local Government Board may by rule prescribe, to discuss any question relating to allotments, under the Allotments Acts, 1887 and 1890, or under this Act ; or •* See section J of the Allotiitcnts Act, iSgo, page 358. I.] 56 AND 57 VICT. CAP. 73. 243 (d) the candidature of any person for the district council or the parish council ; 56 & 57 Vic». or c. 73, s. 4. (e) any committee or officer appointed, either by the parish meeting or council or by a county or district council, to administer public funds within or for the purposes of the parish any suitable room in the schoolhouse of any public elementary school receiving a grant out of moneys provided by Parliament, and any suitable room the expense of maintaining which is payable out of any local rate : Provided that this enactment shall not authorise the use of any room used as part of a private dwelling-house, nor authorise any interference* with the school hours of an elementary day or evening school, nor, in the case of a room used for the administration of justice or police, with the hours during which it is used for these purposes. (2.) If, by reason of th'^ use of the room for any of the said purposes, any expense is incurred by the persons having control over the room, or any damage is lone to the room or to the building of which the room is part or its appurtenances, or '.he furniture of the room or the apparatus for instruction, the expense or damage shall oe defrayed as part of the expenses of the parish meeting or parish council or inquiry as the case may be ; but when the meeting is called for the purpose of the candidature of any person, such expense or damage shall be reimbursed to the parish meeting or the parish council by the persons by whom or on whose behalf the meeting is convened. (3) If any question arises under this section as to what is reasonable or suitable, it may be determined, in the case of a schoolhouse by the Education Department, in the case of a room used for the administration of justice or police by a Secretary of State, and in any other case by the Local Government Board. Foivers and Duties of Parish Councils and Parish Aleetings. Sect. 5. — (i.) The power and duty of appointing overseers of the poor, and parish Council the power of appointing and revoking the appointment of an assistant overseer, for to .-ippoint every rural parish having a parish council, shall be transferred to and vested in the overseers, parish council, and that council shall in each year, at their annual meeting, appoint the overseers of the parish, and shall as soon as may be fill any casual vacancy occurring in the office of overseer of the parish, and shall in either case forthwith give written notice thereof in the prescribed form to the board ol guardians. (2.) As from the appointed day — {a.) the churchwardens of every rural parish shall cease to be overseers, and an aditional number of overseers may be appointed to replace the chnrch- wardens and ■(/'.) references in any Act to the churchwardens and overseers shall, as respects any rural parish, except so far as those references relate to the affairs of the church, be construed as references to the overseers, and {c) the legal interest in all property vested either in the overseers or in the churchwardens and overseers of a rural parish, other than property connected with the affairs of the church, or held for an ecclesiastical charity, shall, if there is a parish council, vest in that council, subject to all trusts and lialjilities affecting the same, and all persons concerned shall make or concur in making such transfers, if any, as are recjuisite for giving effect to this enactment. Sect. 6,— (l.) Upon the parish council of a rural parish coming into office, there shall be transferred to that council : — {a.) The powers, duties, and liabilities of the vestry of the parish except — (i. ) so far as relates to the affairs of the church or to ecclesiastical charities, and (ii.) any power, duty, or liability transferred by this .\ct from tlic vestry to any other authority : Q 2 Transfer of certain powers of veslry .tnil other aullioritic's to parish council. 244 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. {b.) The powers, duties, and liabilities of the churchwardens of the parish, c. 73, s. 6. except so far as they relate to the affairs of the church or to charities, or are g „ ~~^ , powers and duties of overseers, but inclusive of the obligations of the c. i2S.^ "^ churchwardens with respect to maintaining and repairing closed churchyards wherever the expenses of such maintenance and repair are repayable out of the poor rate under the Burial Act, 1855:^ Provided that such obligations shall not in the case of any particular parish be deemed to attach, unless or until the churchwardens subsequently to the passing of this Act shall give a certificate, as in the Burial Act, 1855,^ provided in order to obtain the repayment of such expenses out of the poor rate. {c.) The powers, duties, and liabilities of the overseers or of the churchwardens and overseers of the parish with respect to — ^i.) appeals or objections by them in respect of the valuation list, or appeals in respect of the Door rate, or county rate, or the basis of the county rate ; and (ii.) the provision of parish books and ot a vestry room or parochial office, parish chest, fire engine, fire escape, or matters relating thereto ; and (iii. ) the holding or management of parish property, not being property relating to affairs of the church or held for an ecclesiastical charity, and the holding or management of village greens, or of allotments, whether for recreation grounds or for gardens or otherwise for the benefit of the inhabitants or any of them ; {d.) The powers exerciseable with the approval of the Local Government Board by the board of guardians for the poor law union comprising the parish in in respect of the sale, exchange or letting of any parish property. (2.) A parish council shall have the same power of making any complaint or representation as to unhealthy dwellings or obstructive buildings as is conferred on 53 & 54 Vict. inhabitant householders by the Housing of the Working Classes Act, iS90,-but c. 70. without prejudice to the powers of such householders. (3.) A parish council shall have the same power of making a representation with & 51 Vict. respect to allotments, and of applying for the election of allotment managers, as is C.48. conferred on parliamentary electors by the Allotment Acts, 1887,^ or the Allotments 53 & 54 Vict. ^(,); i8go,'*but without prejudice to the powers of those electors. '^- ^5- (^_) Where any Act constitutes any persons wardens for allotments, or authorises or requires the appointment or election of any wardens committee or managers for the purpose of allotments, then after a parish council for the parish interested in such allotments comes into office, the powers and duties of the wardens, committee, or managers shall be exercised and performed by the parish council, and it shall not be necessary to make the said appointment or to hold the said election, and 55 & 56 Vict. f-Qj. jj^g purpose of section sixteen of the Small Holdings Act, 1892,^ two members ^' -"*' of the parish council shall be substituted for allotment managers or persons appointed as allotment managers. Transferor Sect. 7. — (i-) — As from the appointed day, in every rural parish the parish PowerBuilder meeting shall, exclusively, have the power of adopting any of the following Acts, adoptive Acts. inclusive of any Acts amending the same (all which Acts are in this Act 3&4Will. 4,c. go referred to as "the adoptive Acts") ; namely, — 9 & ID Vict, c. 74. (a.) The Lighting and Watching Act, 1S33 •,^ 45&46Vict. c. 30 (^_) The Baths and Washouses Acts, 1846 to 1SS2 ;'' '5&i6Vict.c.85 (^_) j'l^^ j^^,rial Acts, 1852 to 18S5 ;« 4b cN. 49 Vict. c. 21 ^^^^ ^j_^^ VuUic Improvements Act, i86o;» 23&24Vict.c.30 (^.) The Public Libraries Act, 1892.1" 55&56 Vict. C.53 ^2.) Where under any of the said Acts a particular majority is required for the adoption or abandonment of the Act, or for any matter under such Act, the like majority of the parish meeting or, if a poll is taken, of the parochial electors, shall be required, and where under any of the said Acts the opinion of the voters is to be ascertained by voting papers, the opinion of the parochial electors shall be ascertained by a poll taken in manner provided by this Act. I-] 56 AND 57 VICT. CAP. Jl. 245 (3.) Where under any of the said Acts the consent or approval of, or other act on the part of, the vestry of a rural parish is required in relation to any expense or rate, the parish meeting shall be substituted for the vestry, and for this purpose the expression " vestry " shall include any meeting of ratepayers or voters. (4.) Where there is power to adopt any of the adoptive Acts for a part only of a a rural parish, the Act may be adopted by a parish meeting held for that part. (5.) Where the area under any existing authority acting within a rural parish in the execution of any of the adoptive Acts is co-extensive with the parish, all powers, duties, and liabilities of* that authority shall, on the parish council coming into office, be transferred to that council. (6.) This Act shall not alter the incidence of charge of any rate levied to defray expenses incurred under any of the adoptive Acts, and any such rate shall be made and charged as heretofore, and any property applicable to the payment of such expenses shall continue to be so applicable. (7.) When any of the adoptive Acts is adopted for the whole or part of a rural parish after the appointed day, and the parish has a parish council, the parish council shall be the authority for the execution of the Act. (8. ) For the purposes of this Act the passing of a resolution to provide a burial ground under the Burial Acts, 1852 to 1885, shall be deemed an adoption of those Acts. Sect. 8.— (I.) A parish council shall have the following additional powers, namely, power — (a) to provide or acquire buildings for public offices and for meetings and for any purposes connected with parish business or with the powers or duties of the parish council or parish meeting ; and (/') to provide or acquire land for such buildings and for a recreation ground and for public walks ; and References. ^ As to closed chtcrchyards, see page 50. ' See page 59. ' See sections 2 S^ g of the Act of iSSj, pages 357 and 360. •* See section 2 of the Act of iSgo, page 371. ■'' Section 16 of the Small Holdings Act, iSg2, provides as follows : — " (i.) Where a county council provide small holdings they may delegate, with or " without restrictions, the powers of the county council under this Act with respect "to the adaptation of land, for any holdings, and the sale, letting, and manage- " ment of any holdings to a committee consisting of— " The county councillor representing the electoral division in which the holdings are situate ; and " Two other members of the county council ; and "Two of the allotment managers (if any) under the Allotments Act, 1887, for the parish or area in which the holdings are situate selected by those managers, or if there are no allotment managers, two persons appointed in manner provided by that Act for the appointment of allotment managers; or " If the holdings are situate within the limits of a municipal borough, then, instead of the persons selected or appointed as aforesaid, two members of the borough council ; " and in the construction of this Act references to the county council shall, in their " application to the powers so delegated, include any such committee. Provided "that a county council shall not under this section delegate any powers of making "or levying a rate or of borrowing money. "(2.) The Local Government Act, 1888, shall apply to any committee " appointed under this section as if it were appointed under that Act." " See page 89. ^ See page 92. 8 See page gs- " See page gS. '" See page 99. 56 & 57 Vict. c. 73, s. 7. Additional p owers of parish council. References. 55 & 56 Vict, c. 31, S. 16. 246 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. (c) to apply to the Board of Agriculture under section nine oi the Commons c.73>_s. 8, Act, 1876;! and 39 & 40 Vict. ('^) to exercise with respect to any recreation ground, village green, open space, c. 56. or public walk, which is for the time being under their control, or to the expense of which they have contributed, such powers as may be exercised by an urban authority under section one hundred and sixty-four of the Pulilic 38 &39 Vict. Health Act, 1S75,- or section forty-four of the Public Health Acts Amendment c. 55. ^ Act, 1890,^ in relation to recreation grounds or public walks, and sections one 53 &54 Vict. hundred and eighty-three to one hundred and eighty-six of the Public Health '^' ^^' Act, 1875,'* shall apply accordingly as if the parish council were a local authority within the meaning of those sections ; and (e) to utilise any well, spring, or stream within their parish and provide facilities for obtaining water therefrom, but so as not to interfere with the rights of any corporation or person ; and (/) to deal with any pond, pool, open ditch, drain, or place containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority ; and {^) to acquire by agreement any right of way, whether within their parish or an adjoining parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof : and (//) to accept and hold any gifts of property, real or personal, for the benefit of the inhabitants of the parish or any part thereof ; and (?) to execute any works (including works of maintenance or improvement) incidental to or consequential on the exercise of any of the foregoing powers, or in relation to any parish property, not being property relating to aiilairs of the church or held for an ecclesiastical charity : and (k) to contribute towards the expense of doing any of the things above men- tioned, or to agree or combine with any other parish council to do or contribute towards the expense of doing any of the things above-mentioned. (2.) A parish council may let, or, with the consent of the parish meeting, sell or exchange, any land or buildings vested in the council, but the power of letting for more than a year and the power of sale or exchange shall not be exercised, in the case of property which has been acquired at the expense of any rate, or is at the passing of this Act applied in aid of any rate, or would but for want of income be so applied, without the consent of the Local Government Board, or in any other case without such consent or approval as is required under the Charitable Trust Acts, 1853 to 1891,^ for the sale of charity estates, provided that the consent or approval required under those Acts shall not be required for the letting for allotments of land vested in the parish council. (3.) Nothing in this section shall derogate from any obligation of a district council with respect to the supply of water or the execution of sanitary works. (4.) Notice of any application to the Board of Agriculture in relation to a common shall be served upon the council of every parish in which any part of the common to which the application relates is situate. Powers for Sect. 9. — (i.) For the purpose of the acquisition of land by a parish council acquisition of thg Lands Clauses Acts" shall be incorporated with this Act, except the provisions ^" ■ of those Acts with respect to the purchase and taking of land otherwise than by 38 & 39 Vict. agreement, and section one hundred and seventy-eight of the Public Health Act, c- 55- 1875," shall apply as if the parish council were referred to therein. (2.) If a parish council are unable to acquire by agreement and on reasonable terms suitable land for any purpose for which they are authorised to acquire it, they may represent the case to the county council, and the county council shall inquire into the representation. S0&51 Vict. (3-) If on any such representation, or on any proceeding under the Allotments c- 48. . Acts, 1887 and 1890,^ a county council are satisfied that suitable land for the said S3 6c 54 Vict. purpose of the parish council or for the purpose of allotments (as the case may I.] 56 AND 57 VICT. CAP. 71. 247 be), cannot be acquired on reasonable terms by voluntary agreement, and that the 56 & 57 Vict, circumstances are such as to justify the county council in proceediuij under this "^^ 73i s. 9. section, they shall cause such public inquiry to be made in the jiarish, and such notice to be given both in the parish and to the owners, lessees, and occupiers of the land proposed to be taken as may be prescribed, and all persons interested shall be permitted to attend at the inquiry, and to support or oppose the taking of the land. (4.) After the completion of the inquiry, and considering all objections made by any persons interested, the county council may make an order for putting in force, as respects the said land or any part thereof, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.® (5.) If the county council refuse to make any such order, the parish council, or, if the proceeding is taken on the petition of the district council, then the district council, may petition the Local Government Board, and that Board after local inquiry may, if they think proper, make the order, and this section shall apply as if the order had been made by the county council. Any order made under this subsection overruling the decision of the county council shall be laid before Parliament by the Local Government Board. (6.) A copy of any order made under this section shall be served in the prescribed manner, together with a statement that the order will become final and have the effect of an Act of Parliament, unless within the prescribed period a memorial by some ]3erson interested is presented to the Local Government Board praying that the order shall not become law without further inquiry. (7.) The order shall be deposited with the Local Government Board, who shall inquire whether the provisions of this section and the prescribed regulations have been in all respects complied with ; and if the Board are satisfied that this has been done, then, after the prescribed period — References. ^ This enactment provides that "the [Board of Agriculture] shall from time to References . " time, upon application made by the persons interested in any common, issue in :,q & 40 Vict, "such form as they may deem expedient information and directions as to the 0.56,5.9. " mode in which applications for the regulation or inclosure of commons under " the Inclosure Acts, 1845 to 1868, as amended by this Act, are to be made to the " [Board] with such explanations as they may think fit with respeet to the law for " the regulation and inclosure of commons, and the persons so interested may apply " accordingly in manner directed by the [Board of Agriculture]. * See page 312. ^ The section is as follo'iVS : — "(i.) An urban authority may on such days as 53 & 54 Vict. " they think fit (not exceeding twelve days in any one year, nor four consecutive *-"• 59> *• 44- "days on any one occasion) close to the public any park or pleasure ground pro- " vided by them or any part thereof, and may grant the use of the same, either " gratuitously or for payment, to any public charity or institution, or for any " agricultural, horticultural, or other show, or any other public purpose, or may use '• the same for any such show or purpose ; and the admissson to the said park or " pleasure ground, or such part thereof, on the days when the same shall be so " closed to the public may be eitlier with or without payment, as directed by the " urban authority, or, with the consent of the urban authority, by the society or " persons to whom the use of the park or pleasure ground, or such part thereof, " may be granted : Provided that no such park or pleasure ground shall be closed " on any Sunday or public holiday. (2) An urban authority may either themselves " provide and let for hire, or may license any person to let for hire, any j^leasure " boats on any lake or piece of water in any such park or pleasure ground, and may " make byelaws for regulating the numbering anfl naming of such boats, the number " of persons to be carried therein, the boathouses and mooring places for the same, "and for fixing rates of hire and the qualifications of boatmen, and for secinung " their good and orderly conduct while in charge of any boat." ■* See pages 313 ami l\a,. '' Seepage 56. " Seepage 104. ^ See page 313. ^ See pages 357 and 370. " See page 104. 248 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. (a.) If no memorial has been presented, or if every such memorial has been c- 73; s. 9. withdrawn, the Board shall, without further inquiry, confirm the order : {i.) If a memorial has been presented, the Local Government Board shall proceed to hold a local inquiry, and shall, after such inquiry, either confirm, with or without amendment, or disallow the order : (c.) Upon any such confirmation the order, and if amended as so amended, shall become final and have the effect of an Act of Parliament, and the confirmation by the Local Government Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made, and is within the powers of this Act. (8.) Sections two hundred and ninety-three to two hundred and ninety-six, and subsections (i) and (2) of section two hundred and ninety-seven of the Public Health Act, 1875,^ shall apply to a local inquiry held by the Local Government Board for the purposes of this section, as if those sections and subsections were herein re-enacted, and in terms made applicable to such inquiry. (9.) The order shall be carried into effect, when made on the petition ol a district council, by that council, and in any other case by the county council. (10.) Any order made under this section for the purpose of the purchase of land otherwise than by agreement shall incorporate the Lands Clauses Acts" and 8 & 9 Vict. sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, c. 20. 1845,^ with the necessary adaptations, but any question of disputed compensation shall be dealt with in the manner provided by section three of the Allotments Act, 1887,'* and provisoes (a), {/>), and (c) of subsection (4) of that section are incorporated with this section and shall apply accordingly : Provided that in determining the amount of disputed compensation, the arbitrator shall not make any additional allowance in respect of the purchase being compulsory. (11.) At any inquiry or arbitration held under this section the person or persons holding the inquiry or arbitration shall hear any authorities or parties interested by themselves or their agents, and shall hear witnesses, but shall not, except in such cases as may be prescribed, hear counsel or expert witnesses. (12.) The person or persons holding a public inquiry for the purposes of this section on behalf of a county council shall have the same powers as an inspector or inspectors of the Local Government Board v/hen holding a local inquiry ; and section two hundred and ninety-four of the Public Health Act, 1875, ^ shall apply to the costs of inquiries held by the county council for the purpose of this section as if the county council were substituted for the Local Government Board. (13.) Subsection (2) of section two, it the land is taken for allotments, and, whether it is or is not so taken, subsections (5), (6), (7), and (8) of section three 50 is: 51 Vict °f ^^^ Allotments Act, 1887,-* and section eleven of that Act,^ and section three of c. 48. ' the Allotments Act, 1890," are incorporated with this section, and shall, with the 53 & 54 Vict. prescribed adaptations, apply accordingly. *^- ^5- . (14.) Where the land is acquired otherwise than for allotments, it shall be assured to the parish council ; and any land purchased by a county council for allotments under the Allotments Acts, 1887 and 1890, and this Act, or any of them, shall be assured to the parish council, and in that case sections five to eight of the Allotments Act, 1887,* shall apply as if the parish council were the sanitary authority. (15.) Nothing in this section shall authorise the parish council to acquire otherwise than l)y agreement any land for the purpose of any supply of water, or of any right of way. (16.) In this section the expression "allotments" includes common pasture where authorised to be acquired under the Allotments Act, 1887.^ (17.) Where, under the Allotments Act, 1890, the Allotments Act, 18S7, applies to the purchase of land by the county council, that Act shall apply as amended by this section, and the parish council shall have the like power of ^ Seepage 326. ^ Seepage no. ^ See pages 2^^ and 2()$. * Seepage 358. ^ Seepage 326. ^ See page t,6o. '' See page 371. * See pages 358 to 360. ^ See section 12 of the Act, page 361. I.] 56 AND 57 VICT. CAP. yi. 249 petitioning the county council as is given to six parliamentar}- electors by section 56 & 57jVict, 73. s. 9- two of the Allotments Act, 1890.^ (18.) This section shall apply to a county borough with the necessary modifications, and in particular with the modification that the order shall be both made and confirmed by the Local Government Board and shall be carried into etitect by the council of the county borough. ( 19. ) The expenses of a county council incurred under this section shall be defrayed in like manner as in the case of a local inquiry by a county council under this Act. Sect. 10. — (i.) The parish council shall have power to hire land for ,^","1-^."'^ allotments, and if they are satisfied that allotments are required, and are unable to allotments hire by agreement on reasonable terms suitable land for allotments, they shall represent the case to the county council, and the county council may make an order authorising the parish council to hire compulsorily for allotments, for a period not less than fourteen years nor more than thirty- five years, such land in or near the parish as is specified in the order, and the order shall, as respects •confirmation and otherwise, be subject to the like provisions as if it were an order of the county council made under the last preceding section of this Act, and that section shall apply as if it were herein re-enacted with the substitution of " hiring " for " purchase " and with the other necessary modifications. (2. ) A single arbitrator, who shall be appointed in accordance with the provisions of section three of the Allotments Act, 1S87,- and to whom the provisions of that section shall apply, shall have power to determine any question — {a) as to the terms and conditions of the hiring ; or (b) as to the amount of compensation for severance ; or {c) as to the compensation to any tenant upon the determination of his tenancy ; or {d) as to the apportionment of the rent between the land taken by the parish council and the land not taken from the tenant ; or {e) as to any other matter incidental to the hiring of the land by the council, or the surrender thereof at the end of their tenancy ; but the arbitrator in fixing the rent shall not make any addition in respect of compulsory hiring. (3.) The arbitrator, in fixing rent or other compensation, shall take into consideration all the circumstances connected with the land, and the use to which it might otherwise be put by the owner during the term of hiring, and any depreciation of the value to the tenant of the residue of his holding caused by the withdrawal from the holding of the land hired by the parish council. (4.) Any compensation awarded to a tenant in respect of any depreciation of the value to him of the residue of his holding caused by the withdrawal from the holding of the land hired by the parish council shall as far as possible be provided for by taking such compensation into account in fixing, as the case may rec|uire, the rent to be jiaid by the parish council for the land hired liy them, and the ajjportioned rent, if any, to be paid by tlie tenant fi)r that ])orli()n of tjic holding which is not hired by the parish council. (5.) The award of the arbitrator or a copy thereof, together with a report signed by him as to the condition of the land taken by the parish council, shall be •deposited and preserved with the public books, writings, and papers of the parish, and the owner for the time being of the land shall at all reasonable times be at liberty to inspect the same and to take copies thereof. (6.) .Save as hereinafter mentioned, sections five to eight of the Allotments Act, 1887,'' shall apply to any allotment hired by a parish council in like manner as if that council were the sanitary authority and also the allotment managers : Provided that the parish council — {a) may let to one person an allotment or allotments exceeding one acre, but, if the land is hired conijudsory, not exceeding in the whole four acres of pasture or one acre of arable and three acres of pasture ; and ^ See page 371. - See page 358. See pages 358 to 360. 250 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. (/;) may permit to be erected on the allotment any stable, cowhouse, or barn ; c. 73^ 10. ^n^l (c) shall not break up, or permit to be broken up, any permanent pasture, without the assent in writing of the landlord. (7.) On the determination of any tenancy created by compulsory hiring a single arbitrator who shall be appointed in accordance with the provisions of section three of the Allotments Act, 1887,^ shall have power to determine as to the amount due by the landlord for compensation for improvements, or by the parish council for depreciation, but such compensation shall be assessed in accordance 46 & 47 Vict. vvith the provisions of the Agricultural Moldings (England) Act, 1883. (8.) The order for compulsory hiring may apply, with the prescribed adapta- tions, such of the provisions of the Lands Clauses Acts (including those relating to the acquisition of land otherwise than by agreement)- as appear to the countv council or Local Government Board sufficient for carrying into effect the order, and for the protection of the persons interested in the land and of the parish council. (9.) Nothing in this section shall authorise the compulsory hiring of any mines or minerals, or confer any right to take, sell, or carry away any gravel, sand, or clay, or authorise the hiring of any land which is already owned or occupied as a 5S & 56 Vict. small holding within the meaning of the Small Holdings Act, 1892.-' c- 3i- (10.) If the land hired under this section shall at any time during the tenancy thereof by the parish council be shown to the satisfaction of the county council to be required by the landlord for the purpose of working and getting the mines, minerals, or surface minerals thereunder, or for any road or work to be used in conne.xion with such working or getting, it shall be lawful for the landlord of such land to resume possession thereof upon giving to the parish council twelve calendar months previous notice in writing of his intention so to do, and upon such resumption the landlord shall pay to the parish council and to the allotment holders of the land for the time being such sum by way of compen.sation for the loss of such land for the purposes of allotments as may be agreed upon by the landlord and the parish council, or in default of such agreement as may be awarded by a single arbitrator to be appointed in accordance with the provisions of section three of the Allotments Act, 1887,^ and the provisions of that section shall apply to such arbitrator. The word " landlord " in this subsection means the person for the time being entitled to receive the rent of the land hired by the parish council. (11.) The Local Government Board shall annually lay before Parliament a report of any proceedings under this and the preceding section. Restrictions 01/ Sect. 11. — (i.) A parish Council shall not, without the consent of a parish expenditure. meeting, incur expenses or liabilities which will involve a rate exceeding three- pence in the pound for any local financial year, or which will involve a loan. (2.) A parish council shall not, without the approval of the county council, incur any expense or liability which will involve a loan. (3.) The sum raised in any local financial year by a pari.sh council for their expenses (other than expenses under the adoptive Acts) shall not exceed a sum equal to a rate of sixpence in the pound on the rateable value of the parish at the commencement of the year, and for the purpose of this enactment the expression " expenses " includes any annual charge, whether of principal or interest, in respect of any loan. (4.) Subject to the provisions of this Act, the expenses of a parish council and of a parish meeting, including the expenses of any poll, shall be paid out of the poor rate ; and where there is a parish council that council shall pay the said expenses of the parish meeting of the parish ; and the parish council, and where there is no parish council the chaiiman of the pari.sh meeting, shall, for the purpose of obtaining payment of such expenses, have the same powers as a board of guardians have for the purpose of obtaining contributions to their common fund. ^ See page 371. - See page 118. ^ See pages 104 and no. ■• Seepage 1 16. !•] 56 AND 57 VICT. CAP. 73. 251 (5.) Tlie demand note for any rate levied for defraying the expenses of a parish council or a parish meeting, together with other expenses, shall state in the prescribed form the proportion of the rate levied for the expenses of the council or meeting, and the proportion (if any) levied for the purpose of any of the adoptive- Acts. 56 & 57 Vict. C. 73, S. II. Sect. 12. — (i.) A parish council for any of the following purposes, that is Borrowing by to say — parish council. {a) for purchasing any land, or building any buildings, which the council are authorised to purchase or build ; and (fi.) for any purpose for which the council are authorised to borrow under any of the adoptive Acts ; and {c. ) for any permanent work or other thing which the council are authorised to execute or do, and the cost of which ought, in the opinion of the county council and the Local Government Board, to i)e spread over a term of years ; may, with the consent of the county council and the Local Government Board, borrow money in like manner and subject to the like conditions as a local authority may borrow for defraying expenses incurred in the execution of the Public Health Acts, and sections two hundred and thirty-three, two hundred and thirty-four, and two hundred and thirty-six to two hundred and thirty-nine of the Public Health Act, 1875,^ shall apply accordingly, except that the money shall be 38 & 39 Vict. borrowed on the security of the poor rate and of the whole or part of the revenues '^' 55- of the parish council, and except that as respects the limit of the sum to be borrowed, one half of the assessable value shall be substituted for the assessable value for two years. (2.) A county council may lend to a parish council any money which the parish council are authorised to borrow, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise the money by loan, subject to the like conditions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may by general or special order impose. (3.) A parish council shall not borrow for the purposes of any of the adoptive Acts otherwise than in accordance with this Act, but the charge for the purpose of any of the adoptive Acts shall ultimately be on the rate applicable to the purposes of that Act. Sect. 13. — (i.) The consent of the parish council and of the district council I'"ootpaihs and shall be required for the stopping, in whole or in part, or diversion, of a public ™^'^^- right of way within a rural parish, and the consent of the parish council shall be required for a declaration that a highway in a rural imrish is unnecessary for public use and not repairable at the public expense, and the ]3arish council shall give public notice ol a resolution to give any such consent, and the resolution shall not operate^ (a) unless it is confirmed by the parish council at a meeting held not less than two months after the public notice is given ; nor (i>) if a parish meeting held before the confirmation resolve that the consent ought not to be given. (2.) A parish council may, subject to the provisions of this .Vet with respect to restrictions on expenditure, undertake the repair and maintenance of all or any of the public footpaths within their parish, not being footpaths at the side of a public road, but this power shall not nor shall the exercise thereof relieve any other authority or person from any liability with respect to such repair or maintenance. Sect. 14. — (i-) Where trustees hold any property for the purposes of a Public properly jniblic recreation ground or of public meetings, or of allotments, whether under ind charities. Inchjsure Acts or otherwise, for the benefit of the inhai^itants of a rural parish, ^ Seepages 321 to 323. 252 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. or any of them, or for any public purpose connected with a rural parish, except c- 7 3. s. 14. fQj. jjj^ ecclesiastical charity, they may, with the approval of the Charity Commissioners, transfer the property to the parish council of the parish, or to persons appointed by that council, and the parish council, if they accept the transfer, or their appointees, shall hold the property on the trusts and subject to the conditions on which the trustees held the same. (2. ) Where overseers of a rural parish as such are, either alone or jointly with any other persons, trustees of any parochial charity, such number of the councillors of the parish or other persons, not exceeding the number of the overseer trustees, as the council may appoint, shall be trustees in their place, and, when the charity is not an ecclesiastical charity, this enactment shall apply as if the churchwardens as such were specified therein as well as the overseers. (3.) Where the governing body of a parochial charity other than an ecclesiastical charity does not include any persons elected by the ratepayers or parochial electors or inhabitants of the parish, or appointed by the parish council or parish meeting, the parish council may appoint additional members of that governing body not exceeding the number allowed by the Charity Commissioners in each case ; and if the management of any such charity is vested in a sole trustee, the number of trustees may, with the approval of the Charity Commissioners, be increased to three, one of whom may be nominated by such sole trustee and one by the parish council or parish meeting. Nothing in this subsection shall prejudicially affect the power or authority of the Charity Commissioners, under any of the Acts relating to charities, to settle or alter schemes for the better administration of any charity. (4.) Where the vestry of a rural parish are entitled, under the trusts of a charity other than an ecclesiastical charity, to appoint any trustees or beneficiaries of the charity, the appointment shall be made by the parish council of the parish, or in the case ot beneficiaries, by persons appointed by the parish council. (5-) The draft of every scheme relating to a charity, not being an ecclesiastical charity, which affects a rural parish, shall, on or before the publication of the notice of the proposal to make an order for such scheme in accordance with , {;, 24 Vict. section six of the Charitable Trusts Act, 1860,^ be communicated to the council of 136. the parish, and where there is no parish council to the chairman of the parish meeting, and, in the case of a council, the council may, subject to the provisions of this Act with respect to restrictions on expenditure, and to the consent of the parish meeting, either support or oppose the scheme, and shall for that purpose have the same right as any inhabitants of a place directly affected by the scheme. (6.) The accounts of all parochial charities, not being ecclesiastical charities shall annually be laid before the parish meeting of any parish affected thereby, i & 19 Vict. ^iid the Charitable Trusts Amendment Act, 1855, shall apply with the sulistitution 124. in section forty-four" of the parish meeting for the vestry, and of the chairman of the parish meeting for the churchwardens, and the names of the beneficiaries of dole charities shall be published annually in such form as the parish council, or where there is no parish council the parish meeting, think fit. (7.) The term of office of a trustee appointed under this section shall be four years, but of the trustees first appointed as aforesaid one half, as nearly as may be, to be determined by lot, shall go out of office at the end of two years from the date of their appointment, but shall be eligible for re-appointment. (8.) The provisions of this section with respect to the appointment of trustees, except so far as the appointment is transferred from the vestry, shall not apply to any charity until the expiration of forty years from the date of the foundation thereof, or, in the case of a charity founded before the passing of this Act by a donor or by several donors any one of whom is living at the passing of this Act, \mtil the expiration of forty years from the passing of this Act, unless with the consent of the surviving donor or donors. (9.) Whilst a person is trustee of a parochial charity he shall not, nor shall his wife or any of his children, receive any benefit from the charity. References. I.] 56 AND 57 VICT. CAP. 73. 253 References. ■•• This section provides that — " No order establishing a scheme for the administra- " tion of any charity shall be made by the said Board [of Charity Commissioners] ^-^ ^ ,, vici " before the expiration of one calendar month after public notice of the proposal c. 136, s. 6. " to make such order shall have been given, as they may consider most expedient " and effectual for ensuring the publicity thereof, in each parish or district in which " the charity, if of a local character, shall be applicable, or among all persons " interested therein ; and every notice hereby required shall contain (so far as " conveniently may be) sufficient particulars of the objects of the proposed order, " and shall prescribe a reasonable time within which any objections thereto or " suggestions thereon may be made or transmitted to the board ; and the said board " shall receive and consider all such objections and suggestions, and may withold, " suspend, or modify their proposal order, as they shall thereupon, or in the result " of further inquiry, or otherwise, think expedient." - The folloiving is the section referred to : — "Section Sixty-one of 'The Chari- " table Trusts Act, 1853,' except so much thereof as enacts that the trustees or " persons acting in the administration of every charity shall, in books to be kept by " them for that purpose, regularly enter or cause to be entered full and true accounts '' of all money received and paid respectively on account of such charity, shall be " repealed as to all accounts which such trustees or administrators shall not have " been bound to render before the passing of this Act ; and the trustees or adminis- " trators of every charity shall, on or before the Twenty-fifth day of March, One " thousand eight hundred and fifty-six, prepare and make out and transmit to the " Board [of Charity Commissioners] an account of the endowments then belonging 18 & 19 Vict. " to the charity, showing in the case of reality not in hand the manner in which the '^" '■^■*' ^" *+" " same is let or occupied, and in the case of personalty the existing investment or " employment thereof, and in what names such investments are made ; and such " trustees or administrators shall also on or before the Twenty-fifth day of March "next, after the acquisition of any endowment not included in the foregoin'" "account prepare and make out, in like manner, and transmit to the Board, a " similar account of such last-mentioned endowment, and in case of any alienation, " or charge or transfer of any real or personal estate of the charity, shall on or " before the Twenty-fifth day of March then next following transmit to the Board " an account of such alienation, charge, or transfer, and such trustees or adminis- " trators shall also, on or before the Twenty-fifth day of March in every year, or " such other day as may be fixed for that purpose by the Board, or as may have '■ been already fixed for rendering the accounts thereof required by the principal Act " prepare and make out the following accounts in relation thereto ; that is to say, — (1) An account of the gross income arising from the endowment, or which ought to have arisen therefrom, during the year ending on the Thirty-first day of December then last, or on such other day as may have been appointed for this purpose by the Board : (2) An account of all balances in hand at the commencement of the year, and of all monies received during the same year, on account of tlie charity : (3) An account for the same period of all ])ayments : (4) An account of all monies owing to or from the charity, so far as conveniently may be : " which accounts shall be certified under the hand of one or more of the said " trustees or administrators, and shall be audited l)y the audit(jr of the charity, if " any ; and the said trustees or administrators shall, within fourteen days after the " day appointed for making out such accounts, deliver or transmit a co])y thereof " to the commissioners at their office in London, and in the case of parochial charities " shall deliver another copy thereof to the churchwarden or churchwardens of the " parish or parishes with which the objects of such charities are identified, who " shall present the same at the next general meeting of the vestry of such parishes, "and insert a cojiy thereof in the minutes of the vestry book ; and every such " copy shall l)e open to the inspection of all persons at all seasonaljle hours, su1)ject " to such regulations as to the said Board may seem fit ; and any jiersDn may require " a copy of every such account or of any |)art thereof, on jiaying therefor after the " rate of Twopence for every seventy-two words (jr figures." 254 LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict. c. 73, s. 15. Delegated powers of parish councils. Complaint by parish council of default of district council. 38 & 39 Vict. c. 55- Parish officers and parish documents. Sect. 15. A rural district council may delegate to a parish council any power which may be delegated to a parochial committee under the Public Health Acts, and thereupon those Acts shall apply as if the parish council were a parochial committee, and where such district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those other persons shall, where there is a parish council, be or be selected from the members of the parish council. Sect. 16. — (i-) Where a parish council resolve that a rural district council ought to have provided the parish with sufficient sewers, or to have maintained existing sewers, or to have provided the parish with a supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or to have enforced with regard to the parish any provisions of the Public Health Acts which it is their duty to enforce, and have failed so to do, or that they have failed to maintain and repair any highway in a good and substantial manner, the parish council may complain to the county council, and the county council, if satisfied after due inquiry that the district council have so failed as respects the subject matter of the complaint, may resolve that the duties and powers of the district council for the purpose of the matter complained of shall be transferred to the county council, and they shall be transferred accordingly. (2.) Upon any complaint under this section the county council may, instead of resolving that the duties and powers of the rural district council be transferred to them, make such an order as is mentioned in section two hundred and ninety-nine of the Public Health Act, 1875, and may appoint a person to perform the duty mentioned in the order, and upon such appointment sections two hundred and ninety-nine to three hundred and two of the Public Health Act, 1875^ shall apply with the substitution of the county council for the Local Government Board. (3.) Where a rural district council have determined to adopt plans for the sewerage or water supply of any contributory place within the district, they shall give notice thereof to the parish council of any parish for which the works are to be provided before any contract is entered into by them for the execution of the works. Sect. 17. — (I-) A parish council may appoint one of their number to act as clerk of the council without remuneration. (2.) If no member of the parish council is appointed so to act, and there is an assistant overseer, he, or such one of the assistant overseers, if more than one, as may be appointed by the council, shall be the clerk of the parish council, and the performance of his duties as such shall be taken into account in determining his salary. (3.) If there is no assistant overseer, the parish council may appoint a collector of poor rates, or some other fit person, to be their clerk, with such remuneration as they may think fit. (4.) A parish council shall not appoint to the office of vestry clerk. (5.) When a parish council act as a parochial committee by delegation from the district council they shall have the services of the clerk of the district council, unless the district council otherwise direct. (6.) The parish council may appoint one of their own number or some other person to act as treasurer without remuneration, and the treasurer shall give such security as may be required by regulations of the county council. (7.) All documents required by statute or by standing orders of Parliament to be deposited with the parish clerk of a rural parish shall, after the election of a parish council, be deposited with the clerk, or, if there is none, with the chairman, of the parish council, and the enactments with respect to the inspection of, and taking copies of, and extracts from, any such documents shall apply as if the clerk, or chairman, as the case may be, were mentioned therein. ^ See pages 326 and 327. I.J 56 AND 57 VICT. CAP. J},. 255 (8.) The custody of the registers of baptisms, marriages, and burials, and of all 56 & 57 Vict, other books and documents containing entries wholly or partly relating to the '^- 73) s. 17. affairs of the Church or to ecclesiastical charities, except documents directed by law to be kept with the public books, writings, and papers of the parish, shall remain as provided by the existing law unaffected by this Act. All other public books, writings, and papers of the parish, and all documents directed by law to be kept therewith, shall either remain in their existing custody, or be deposited in such custody as the parish council may direct. The incumbent and churchwardens on the one part, and the parish council on the other, shall have reasonable access to all such books, documents, writings, and papers, as are referred to in this subsection, and any difference as to custody or access shall be determined by the county council. (9.) Every county council shall from time to time inquire into the manner in which the public books, writings, papers, and documents under the control of the parish council or parish meeting are kept with a view to the proper preservation thereof, and shall make such orders as they think necessary for such preservation, and those orders shall be complied with by the parish council or parish meeting. Sect. 18. — (l.) A county council may, on application by the parish council, Parish wards. or not less than one tenth of the parochial electors of a parish, and on being satisfied that the area or population of the parish is so large, or different parts of the population so situated, as to make a single parish meeting for the election of councillors impracticable or inconvenient, or that it is desirable for any reason that certain parts of the parish should be separately represented on the council, order that the parish be divided for the purpose of electing parish councillors into wards, to be called parish wards, with such boundaries and sucli number of councillors for each ward as may be provided by the order. (2,) In the division of a parish into wards regard shall be had to the population according to the last published census for the time being, and to the evidence of any considerable change of population since that census, and to area, and to the distribution and pursuits of the population, and to all the circumstances of the case. (3.) Any such order may be revoked or varied by the county council on application by either the council or not less than one tenth of the parochial electors of the parish, but while in force shall have effect as if enacted by this Act. (4.) In a parish divided into parish wards there shall be a separate election of parish councillors for each ward. Sect. 19. In a rural parish not having a separate parish council, the following Provisions as to provisions shall, as from the appointed day, but subject to the provisions made by small parishes, a grouping order, if the parish is grouped with some other parish or parishes have effect : — (i.) At the annual assembly the parish meeting shall choose a chairman for the the year ; (2. ) The parish meeting shall assemble not less than twice in each year ; (3.) The parish meeting may appoint a committee of their own number for any purposes which, in the opinion of the parish meeting, would be better regulated and managed by means of such a committee, and all the acts of the committee shall be submitted to the parish meeting for their approval ; (4.) All powers, duties, and lialjilities of the vestry shall, except so far as they relate to the affairs of the church or to ecclesiastical charities, or are transferred by this Act to any other authority, be transferred to the parish meeting ; {5.) The power and the duty of appointing the overseers, and of notifying the appointment, and the power of appointing and revoking the appointment of an assistant overseer, shall be transferred to and vest in the parish meeting, and the power given by this .\ct to a parish council of apjiointing trustees of a charity in the place of overseers or churchwardens, shall vest in the parish meeting ; 256 LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict. (6.) The chairman of the parish meeting and the overseers of the parish shall be c. 73^ 19. ^ body corporate by the name of the chairman and overseers of the parish, and shall have perpetual succession, and may hold land for the purposes of the parish without licence in mortmain ; but shall in all respects act m manner directed by the parish meeting, and any act of such body corporate shall be executed under the hands, or if an instrument under seal is required under the hands and seals, of the said chairman and overseers ; (7.) The legal interest in all property which under this Act would, if there were a parish council, be vested on the appointed day in the parish council shall vest in the said body corporate of the chairman and overseers of the parish, subject to all trusts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite to give effect to this enactment ; (8. ) The provisions of this Act with respect to the stopping or diversion of a public right of way, or the declaring of a highway to be unnecessary and not repairable at the public expense, and with respect to a complaint to a county council of a default by a district council, shall apply, with the substitution of the parish meeting for the parish council ; (9. ) A rate levied for defraying the expenses of the parish meeting (when added to expenses under any of the adoptive Acts) shall not exceed sixpence in the pound in any local financial year ; (10.) On the application of the parish meeting the county council may confer on that meeting any of the powers conferred on a parish council by this Act ; (11.) Any act of the parish meeting may be signified by an instrument executed at the meeting under the hands, or, if an instrument under seal is required under the hands and seals, of the chairman presiding at the meeting and two other parochial electors present at the meeting. Election and qualification of guardians. PART II. Guardians and District Councils. Sect. 20. As from the appointed day the following provisions shall apply to boards of guardians : — (i.) There shall be no ex-officio or nominated guardians : (2.) A person shall not be qualified to be elected or to be a guardian for a poor law union unless he is a parochial elector of some parish within the union, or has during the whole of the twelve months preceding the election resided in the union, or in the case of a guardian for a parish wholly or partly situate within the area of a borough, whether a county borough or not, is qualified to be elected a councillor for that borough, and no person shall be disqualified by sex or marriage for being elected or being a guardian. So much of any enactment, whether in a public general or local and personal Act, as relates to the qualification ot a guardian shall be repealed : (3.) The parochial electors of a parish shall be the electors of the guardians for the parish, and, if the parish is divided into wards for the election of guardians, the electors of the guardians for each ward shall be such of the parochial electors as are registered in respect of qualifications within the ward : (4.) Each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected : (5.) The election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act by the Local Government Board : II.] 56 AND 57 VICT. CAP. 71. 257 (6.) The term of office of a guardian shall be three years, and one third, as 56&57Vici. nearly as may be, of every board of guardians shall go out of oflice on the '^' T^' ^" ^°- fifteenth day of April in each year, and their places shall be filled by the newly elected guardians. Provided as follows : (a. ) Where the county council on the application of the board of guardians of any union in their county consider that it would be expedient to provide for the simultaneous retirement of the whole of the board of guardians for the union, they may direct that the members of the board of guardians for that union shall retire together on the fifteenth day of April in every third year, and such order shall have full effect, and where a union is in more than one county, an order may be made by a joint committee of the councils of those counties ; {b. ) Where at the passing of this Act the whole of the guardians of any union, in pursuance of an order of the Local Government Board, retire together at the end of every third year, they shall continue so to retire, unless the county council, or a joint committee of the county councils, on the application of the board of guardians or of any district council of a district wholly or partially within the union, otherwise direct : (7.) A board of guardians may elect a chairman or vice-chairman, or both, and not more than two other peisons, from outside their own body, but from persons qualified to be guardians of the union, and any person so elected shall be an additional guardian and member of the board. Provided that on the first election, if a sufficient number of persons who have been ex officio or nominated guardians of the union, and have actually served as such, are willing to serve, the additional members shall be elected from among those persons. Sect. 21. — As from the appointed day, — Names of (l.) Urban sanitary authorities shall be called urban district councils, and their county districts districts shall l:)e called urban districts ; but nothing in this section shall alter the style or title of the corporation or council of a borough : (2.) For every rural sanitary district there shall be a rural district council whose district shall be called a rural district : (3. ) In this and every other Act of Parliament, unless the context otherwise requires, the expression " district council " shall include the council of every urban district, whether a borough 01 not, and of every rural district, and the expression " county district " shall include every urban and rural district whether a borough or not. and district council: Sect. 22. The chairman of a district council unless a woman or personally Chairman of disqualified by any Act shall be by virtue of his office justice of the peace for the council to be county in which the district is situate, but before acting as such justice he shall, if J"^'"^*^- he has not already done so, take the oaths required by law to be taken by a justice of the peace other than the oath respecting the ciualification by estate. Sect. 23. As from the appointed day, where an urban district is not a /- . . , , t i J ' Constitution of borough— district councils (l.) There shall be no ex-officio or nominated members of the urban sanitary i'U'rljan districts -thority: ^^^^ (2) A person shall not be qualified to be elected or to be a councillor unless he is a parochial elector of some parish within the district, or has during llie whole of the twelve months ]>receding the election resided in the district, and no person shall be disqualified l)y sex or marriage for being elected or being a councillor. .So much of any enactment whether in a public general or local and personal Act as relates to the (iiialification of a meml)er t)f an url)an sanitary authority shall be repealed : k 258 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. (3 J The parochial electors of the parishes in the district shall be the electors of c- 7 3 > s- 23. ^Yie councillors of the district, and, if the district is divided into wards, the electors of the councillors for each ward shall be such of the parochial electors as are registered in respect of qualifications within the ward : (4.) Each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected : (5.) The election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act by the Local Government Board : (6.) The term of office of a councillor shall be three years, and one-third, as nearly as may be, of the council, and if the district is divided into wards one- third, as nearly as may be, of the councillors for each ward, shall g3 out of office on the fifteenth day of April in each year, and their places shall be filled by the newly elected councillors. Provided that a county council may on request made by a resolution of an urban district council, passed by two-thirds of the members voting on the resolution, direct that the members of such council shall retire together on the fifteenth day of April in every third year, and such order shall have full effect. Sect. 24. — (i.) The district council of every rural district shall consist of a chairman and councillors, an.l the councillors shall be elected by the parishes or other areas for the election of guardians in the district. (2.) The number of councillors for each parish or other area in a rural district shall be the same as the number of guardians for that parish or area. (3.) The district councillors for any parish or other area in a rural district shall be the representatives of that parish or area on the board of guardians, and when acting in that capacity shall be deemed to be guardians of the pjor, and guardians as such shall not be elected for that parish or area. (4.) The provisions of this Act with respect to the qualification, election, and term of office and retirement of guardians, and to the qualification of the chairman of the board of guardians, shall apply to district councillors and to the chairman of the district council of a rural district, and any person qualified to be a guardian for a union comprising the district shall be qualified to be a district councillor for the district. (5.) Where a rural sanitary district is on the appointed day situate in more than one administrative county, such portion thereof as is situate in each administrative county shall, save as otherwise provided by or in pursuance of this or any other Act, be as from the appointed day a rural district ; Provided that where the number of councillors of any such district will be less than five, the provisions, so far as unrepealed, of section nine of the Public Health Act, 1875,^ with respect to the nomination of persons to make up the members of a rural authority to five, shall apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the district council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district shall be entitled, so far as regards those affairs, to sit and act as members of that district council, but a separate account shall be kept of receipts and expenses in respect of the district, and the same shall be credited or charged separately to the district. (6.) The said provisions of section nine of the Public Health Act, 1S75,' shall apply to the district council of a rural district to which they apply at the passing of this Act. (7.) Every district council for a rural district shall be a body corporate by the name of the district council, with the addition of the name of the district, or if there is any doubt as to the latter name, of such name as the county council direct, and shall have perpetual succession and a common seal, and may hold land lor the purposes of their powers and duties without licence in mortmain. ''■ Sec page 311. II.] 56 AND 57 VICT. CAP. 7^. 259 Sect. 25. — (I-) As from the appointed day, there shall be transferred to the district council of every rural district all the powers, duties, and liabilities of the rural sanitary authority in the district, and of any highway authority in the district, and highway boards shall cease to exist, and rural district councils shall be the successors of the rural sanitary authority and highway authority, and shall also have as respects highways all the powers, duties, and liabilities of an urban sanitary authority under sections one hundred and forty-four to one hundred and forty-eight of the Public Health Act, 1875,^ ^^^ those sections shall apply in the case of a rural district and of the council thereof in like manner as in the case of an urban district and an urban authority. Provided that the council of any county may by order postpone within their county or any part thereof the operation of this section, so far as it relates to highways, for a term not exceeding three years from the appointed day or such further period as the Local Government Board may on the application of such council allow. (2.) Where a highway repairable ratione tenurn; appears on the report of a •competent surveyor not to be in proper repair, and the person liable to repair the same fails when requested so to do by the district council to place it in proper repair, the district council may place the highway in proper repair, and recover from the person liable to repair the highway the necessary expenses of so doing. (3.) Where a highway authority receives any contribution (rom the county council towards the cost of any highway under section eleven, subsection (10), of ■the Local Government Act, 188S,- such contribution may be made, subject to any such conditions for the proper maintenance and repair of such highways, as may be agreed on between the county council and the highway authority. (4. ) Where the council of a rural district become the highway authority for that district, any excluded part of a parish under section two hundred and sixteen •of the Public Health Act, 1875,^ which is situate in that district, shall cease to be part of any urban district for the purpose of highways, but until the council become the highway authority such excluded part of a parish shall continue subject to the said section. (5.) Rural district councils shall also have such powers, duties, and liabilities of urban sanitary authorities under the Public Health Acts or any other Act, and such provisions of any of those Acts relating to urban districts shall apply to rural districts, as the Local Government Board by general order direct. (6.) The power to make such general orders shall be in addition to and not in substitution for the powers conferred on the Board by section two hundred and seventy-six of the Public Health Act, 1875,"* or by any enactment applying that .section ; and every order made by the Local Government Board under this section shall be forthwith laid before Parliament. (7.) The powers conferred on the Local Government Board by the said section two hundred and seventy-six, or by any enactment applying that section, may be •exercised on the application of a county council, or with respect to any parish or part of a parish on the application of the parish council of that parish. Sect. 26. — (l.) It shall be the duty of every district council to protect all jijublic rights of way, and to prevent as far as possible the stopping or obstruction of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stoppage or obstruction thereof would in their opinion be prejudicial to the interests of their district, and to prevent any unlawful encroachment on any roadside waste within their district. (2.) A district council may with the consent of the county council for the county -within which any common land is situate aid persons in maintaining rights of ■common where, in the opinion of the council, the extinction of such rights woukl be prejudicial to the inhabitants of the district ; and may with the like consent exercise in relation to any common within their district all such jiowers as may, 56 & 57 Vict. c. 73, s. 25. Powers of districi council with respect to sanitary and highway mattcr> 38 & 39 Vict. c. 55- 51 & 52 Vict. c. 41. Duties and powers of district council as to rights ot way, rights ot common, and roadside wiusles 1 Seepages 311 and ^12. 2 See page 317. - See page 362. •» See page 325. 26o LOCAL GOVERNMENT ACT, 1 894. [PART' 56 & 57 Vict, c. 73, s. 26. 39 & 40 Vict. c. 56. Transfer of certain powers of justices to district councils Expenses of urban district council. 38 & 39 Vict. c. 55- under section eight of the Commons Act, 1876,^ be exercised by an urban sanitary- authority in relation to any common referred to in that section ; and notice of any appUcation to the Board of AgricuUure in relation to any common within their district shall be served upon the district council. (3.) A district council may, for the purpose of carrj'ing into effect this section,, institute or defend any legal proceedings, and generally take such steps as they deem expedient. {4. ) Where a parish council have represented to the district council that any public right of way within the district or an adjoining district in the county or counties in which the district is situate has been unlawfully stopped or obstructed,, or that an unlawful encroachment has taken place on any roadside waste within the district, it shall be the duty of the district council, unless satisfied that the allegations of such representation are incorrect, to take proper proceedings accordingly ; and if the district council refuse or fail to take any proceedings in consequence of such representation, the parish council may petition the county council for the county within which the way or waste is situate, and if that council' so resolve the powers and duties of the district council under this section shall be transferred to the county council. (5.) Any proceedings or steps taken by a district council or county council in relation to any alleged right of way shall not be deemed to be unauthorised by reason only of such right of way not being found to exist. (6.) Nothing in this section shall affect the powers of the county council in relation to roadside wastes. (7.) Nothing in this section shall prejudice any powers exercisable by an urban sanitar)- authority at the passing of this Act, and the council of every county borough shall have the additional powers conferred on adistrict council by this section. Sect. 27. — (i-) As from the appointed day the powers, duties, and liabilities of justices out of session in relation to any of the matters following, that is to say, — (a) the licensing of gang masters ; (/') the grant of pawnbrokers' certificates ; {c) the licensing of dealers in game ; (iZ") the grant of licences for passage brokers and emigi'ant runners ; (6') the abolition of fairs and alteration of days for holding fairs ; (/) the execution as the local authority of the Acts relating to petroleum ancT infant life protection ; when arising within a county district, shall be transferred to the district council of the district. (2.) As from the appointed day, the powers, duties, and liabilities of quarter sessions in relation to the licensing of knackers' yards within a county district shall be transferred to the district council of the district. (3.) All fees payable in respect of the powers, duties, and liabilities transferred by this section shall be payable to the district council. Sect. 28. The expenses incurred by the council of an urban district in the execution of the additional powers conferred on the council by this Act shall, subject to the provisions of this Act, be defrayed in a borough out of the borough fund or rate, and in any other case out of the district fund and general district rate or other fund applicable towards defraying the expenses of the execution of the Public Health Act, 1875. Beferences. Eeferences. 39 & 4oVict. c. 56 ^ 7^^^^ Board of Agricitltiire noT.u administer the Act. The section referred to is ay s. 8. follows: — "8. Notice of any application under this Act in relation to a common " which is situate either wholly or partly in any town or towns, or within six " miles of any town or towns (which common so situate is in this Act referred to " as a suburban common) shall be served as soon as may be on the urban sanitary " authority or authorities having jurisdiction over such town or towns, and it 31.] $6 AND 57 VICT. CAP. "JT^. 261 "References.— coiiid. "shall be lawful for the urban sanitary authority of any such town to appear Referenoea. ■" before the assistant commissioner on the occasion of his holding a local intjuiry 39 & 40 Vict. " as in this Act mentioned, and also to appear before the inclosure commissioners, c. 56, s. 8. " and to make to him or them, at any time during the proceedings in relation to " obtaining a provisional order under this Act, such representations as they may "think fit with respect to the expediency or inexpediency of such application, ■" regard being had to tlje health, comfort, and convenience of the inhabitants of " the town over which such authority has jurisdiction, and to propose to him or •" them such provisions as may appear to such urban sanitary authority to be ^' proper, regard being had as aforesaid. " Any urban sanitary authority entitled to receive notice of an application in ■" relation to a suburban common may, with the sanction of the inclosure " commissioners, enter into an undertaking to contribute out of their funds for '" or towards the maintenance of recreation grounds, or of paths or roads, or the '* doing any other matter or thing for the benefit of their town in relation to the " common to which such application relates. •' They may also, in relation to any such common, and with such sanction as '" aforesaid, enter into an undertaking to pay compensation in respect to the rights "of commoners, for the purpose of securing greater privileges for the benefit of " their town. " An urban sanitary authority may acquire by gift and hold without licence in " mortmain on trust for the benefit of their town any suburban common in respect " of which they would be entitled to receive notice of any application made to the "inclosure commissioners in pursuance of this Act, and any rights in such a " common. " They may also in the case of any such suburban common purchase and hold " as aforesaid, with a view to prevent the extinction of the rights of common, any "" saleable rights in common or any tenement of a commoner having annexed '" thereto rights of common. " They may also, with the consent of persons representing at least one-third in " value of such interests in a suburban common as aforesaid as are proposed to be ■'affected by the provisional order, make an application to the inclosure " commissioners for the regulation of such common with a view to the benefit of " their town and the improvement of such common. " Where an urban sanitary authority makes an application under this Act with ■" such consent as aforesaid in respect of the regulation of a common, or " undertakes to make any contribution or to pay any compensation or make any ■" other payment out of its funds in respect of a common, such urban sanitary "authority may, if the inclosure commissioners deem it advisable, having regard " to the benefit of the neighbourhood as well as to private interests, be invested " with such powers of management or other powers as may be expedient. "The expenses incurred by an urban sanitary authority in pursuance of this " section may be defrayed out of any rate applicable to the payment of expenses " incurred by such authority in the execution of the Public Health Act, 1S75, and " not otherwise provided for. "A town for the purposes of this section means any municipal borough, or " Improvement Act district, or Local Government district, having a population of ■" not less than five thousand inhal)itants. " The population of any town for the jnirposes of this Act shall be reckoned "" according to the last published census for the time l)eing, and distances sliall be " measured in a direct line from the town hall, or if there shall be no town hall, '" then from the cathedral or church, if there shall be only one churcl), or if there " be more churches than one, then from the j^rincipal market place of such town " to the nearest point of the suburban common. When part only of a common is " situate within the aforesaid distance from a town, such part shall be deemed for ■" the purposes of this section to loe a common separate and distinct from the part '^' situated without and beyond such distance." 262 LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict, c. 73, s. 29. Expenses of rural district council. 38 & 39 Vict. c. 55. 41 S; 42 Vict, c- 77- Guardians in London and county boroughs Provisions as to London vestries and district boards. 48 Vict. c. 10. i8 & 19 Vict. c. 120. Application to county borough.s of provisions as to transfer of justices' powers Power to apply certain provisions of Act to urban districts and London. Sect. 29. The expenses incurred liy the council of a rural district shall,, subject to the provisions of this Act, be defra}X'd in manner directed by the Public Health Act, 1875, with respect to expenses incurred in the execution of that Act by a rural sanitary authority, and the provisions of the Public Health Acts with respect to those expenses shall apply accordingly. Provided as follows : — (a.) Any highway expenses shall be defrayed as general expenses : (/-'.) When the Local Government Board determine ^y expenses under this^ Act to be special expenses and a separate charge on any contributory place,. and such expenses would if not separately chargeable on a contributory place be raised as general expenses, they may further direct that such special expenses shall be raised in like manner as general expenses, and not by such separate rate for special expenses as is mentioned in section two hundred and thirty of the Pubhc Health Act, 1875 -^ {c.) A district council shall have the same power of charging highway expenses under exceptional circumstances on a contributory place as a highway board has in respect of any area under section seven of the Highways and Locomotives (Amendment) Act, 1878 :'- {(/.) Where highway expenses would, if this Act had not passed, have been in whole or in part defrayed in any parish or other area out of any property or funds other than rates, the district council shall make such provision as will give to that parish or area the benefit of such property or funds by W'ay of reduction of the rates on the parish or area. Sect. 30. The provisions of this Part of this Act respecting guardians shall apply to the administrative county of London and to every county borough. Sect. 31. — (i-) The provisions of this Act with respect to the qualification of the electors of urban district councillors, and of the persons to be elected, and with respect to the mode of conducting the election, shall apply as if the members of the local board of Woohvich and the vestries elected under the Metropolis Management Acts, 1855 to 1S90, or any Act amending those Acts,, and the auditors for parishes elected under those Acts, and so far as respects the qualification of persons to be elected as if members of the district boards under the said Acts were urban district councillors, and no person shall, ex-officio, be chairman of any of the said vestries. Provided that the Elections (Hours of Poll) Act, 1885,'' shall apply to elections to the said vestries. (2.) Each of the said vestries, except those electing district boards, and each o the said district boards and the local board of Woolwich, shall at their first meeting after the annual election of members elect a chairman for the year, and section forty-one of the Metropolis Management Act, 1855, ■* shall apply only in case of the absence of such chaiiman, and the provisions of this Act with respect to chairmen of urban district councils being justices shall apply as if the said vestries and boards were urban district councils. (3.) Nothing in any local and personal Act shall prevent any vestry in the county of London from holding their meeting at such time as may be directed by the vestry. Sect. 32. The provisions of this Part of this Act respecting the powers,, duties, and liabilities of justices out of session, or of quarter sessions, which are transferred to a district council, shall apply to a county borough as if it were an urban district, and the county borough council were a district council. Sect. 33. — (i.) The Local Government Board may, on the application of the council of any municipal borough, including a county borough, or of any other urban district, make an order conferring on that council or some other representative body within the borough or district all or any of the following matters, namely, the appointment of overseers and assistant overseers, the re%'ocation of appointment of assistant overseers, any powers, duties, or liabilities ir.] 56 AND 57 VICT. CAP. Jl. 26' of overseers, and any powers, duties, or liabilities of a parish council, and applying 56 & 57 Vict, with the necessary modifications the provisions of this Act with reference '•"• 73. s- 33- thereto. (2.) WTiere it appears to the Local Government Board that, by reason of the circumstances connected with any parish in a municipal borough (including a county borough) or other urban district divided into wards, or with the parochial charities of that parish, the parish will not, if the majority of the body of trustees administering the charity are appointed by the council of the borough or district, be properly represented on that body, they may, by their order, provide that such of those trustees as are appointed by the council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish. (3.) Any order under this section may provide for its operation extending either to the whole or to specified parts of the area of the borough or urban district, antl may make such provisions as seem necessary for carrying the order into effect. (4.) The order shall not alter the incidence of any rate, and shall make such jsrovisions as may seem necessary and just for the preservation of the existing interests of paid officers. (5.) An order under this section may also be made on the application of any representative body within a borough or district. (6.) The provisions of this section respecting councils of urban districts shall apply to the administrative county of London in like manner as if the district of each sanitary authority in that county were an urban district, and the sanitary authority were the council of that district. (7.) The Local Government Board shall consult the Charity Commissioners before making any order under this section with respect to any charity. Sect. 34. Where an order of the Local Government Board under this Act supplemental confers on the council of an urban district, or some other representative body provisions as to within the district, either the appointment of overseers and assistant overseers or control of over- the powers, duties, and liabilities of overseers, that order or any subsequent order ^"is^rias""^ "" of the Board may confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Rate Assessment and Collection 32 & 33 Vict. Act, 1869.^' <^- 41- Sect. 35. Save as specially provided by this Act, this Part of this Act shall not apply to the administrative county of London or to a county borough. Restrictions on application of Act to London, &c. References. 41 S: .}2 Vict. c. 77, s. 7. References. ^ See page 320. '■* The enactment referred to is as folloiis : — "Provided, that if a highway hoard think it just, by reason of natural differences of soil or locality, or other exceptional circumstances, that any parish or parishes within their district should bear the expenses of maintaining its or their own highways, they may (with the approval of the county authority or authorities of the county or counties within which their district, or any part thereof, is situate) divide their district into two or more parts, and charge exclusively on each of such parts the expenses payable by such highway board in respect of maintaining and keeping in repair the high- ways situate in each such part ; so, nevertheless, that each such jiart shall consist ' of one or more highway parish or highway parishes." •' 77i?V ^6/ /'r(57w/e'.y Mrt/ "The jioll (if any) shall commence at eight o'clock in 48 Vict. c. lO; ' the forenoon, and be kept open till eight o'clock in the afternoon of the same ^- '• '■ day and no longer (s. l)." ' The section provides that "Every [district] board shall at every meeting of • such board, before proceeding to business, elect a chairman of such meeting, and such chairman, in case of an equality of votes on any fjueslion, shall have a second or casting vote." Seepage 296. 18 & 19 Vict, c. 120, s. 41. 264 56 & 57 Vict. c. 73, s. 36. Duties and powers of county council with respect to areas and boundaries. 51 & 52 Vict, c. 41 39 & 40 Vict. c. 61 LOCAL GOVERNMENT ACT, 1 894. PART III. Areas .\nd Boundaries. [part Sect. 36. — (l.) For the purpose of carrying this Act into effect in the case of — (a.) every parish and rural sanitary district which at the passing of this Act is situate partly within and partly without an administrative county ; and (/'. ) every ])arish which at the passing of this Act is situate partly within and partly without a sanitary district ; and [c.) every rural parish which has a population of less than two hundred ; and (d.) every rural sanitary district which at the passing of this Act has less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district ; and {e. ) every rural parish which is co-extensive with a rural sanitary district ; every county council shall forthwith take into consideration every such case within their county, and whether any proposal has or has not been made as mentioned in section fifty-seven ot the Local Government Act, i88S,^ shall as soon as practicable, in accordance with that section, cause inquiries to be made and notices given, and make such orders, if any, as they deem most suitable for carrying into effect this Act in accordance with the following provisions, namely : — (i.) the whole of each parish, and, unless the county council for special reasons otherwise direct, the whole of each rural district shall be within the same administrative county ; (ii.) the whole of each parish shall, unless the county council for special reasons otherwise direct, be within the same county district ; and (iii.) every rural district which will have less than hve elected councillors shall, unless for special reasons the county council otherwise direct, be united to some neighbouring district or districts. (2.) Where a parish is at the passing of this Act situate in more than one urban district, the parts of the parish in each such district shall, as from the appointed day, unless the county council for special reasons otherwise direct, and subject to any alteration of area made by or in pursuance of this or any other Act, be separate parishes, in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same.- (3.) Where a parish is divided by this Act, the county council may by order provide for the application to different parts of that parish of the provisions of this Act with respect to the appointment of trustees or beneficiaries of a charity and for the custody of parish documents, but the order so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners. (4.) Where a rural parish is co-extensive with a rural sanitary district, then, until the district is united to some other district or districts, and unless the county council otherwise direct, a separate election of a parish council shall not be held for the parish, but the district council shall, in addition to their own powers, have the powers of, and be deemed to be, the parish council. (5.) Where an alteration of the boundary of any county or liorough seems expedient for any of the purposes mentioned in this section, application shall be made to the Local Government Board for an order under section fifty-four of the Local Government Act, 1888.'* (6.) Where the alteration of a poor law union seems expedient by reason of any of the provisions of this Act, the county council may, by their order, provide for such alteration in accordance with section fifty-eight of the Local Government Act, 1 888, ■^or otherwise, Tiut this provision shall not affect the powers of the Local Govern- ment Board with respect to the alteration of unions. 1 Seepage 363. ^ See page 362. - Tlie effect of these Acts is set out at page 1 1. ■* Seep.ige 364. TIL] 56 AND 57 VICT. CAP. Jl. 265 {7.) ^Vhere an order for the alteration of the boundary of any parish or the division thereof, or the union thereof or of any part thereof, with another parish is proposed to be made after the appointed day, notice thereof shall, a reasonable time before it is made, be given to the parish council of that parish, or if there is no parish council, to the parish meeting, and that parish council or parish meeting, as the case may l^e, shall have the right to appear at any inquiry held by the county council with reference to the order, and shall be at liberty to petition the Local Government Board against the confirmation of the order. (8.) Where the alteration of the boundary of any parish, or the division thereof or the union thereof or of part thereof with another parish, seems expedient for any of the purposes of this Act, provision for such alteration, division or union may be made by an order of the county council confirmed by the Local Government Board under section fifty-seven of the Local Government Act, 1888.^ (9.) Where a parish is by this Act divided into two or more parishes, those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included. (to.) Subject to the provisions of this Act, any order made by a county ■council in pursuance of this part of this Act shall be deemed to be an order under section fifty-seven of the Local Government Act, 1888,' and any board of guardians affected by an order shall have the same right of petitioning against that order as is given by that section to any other authority. (11.) WTiere any of the areas referred to in section fifty-seven of the Local Government Act, 1888,' is situate in two or more counties, or the alteration of any such area would alter the bounderies of a poor law union situate in two or more counties, a joint committee appointed by the councils ot those counties shall, subject to the terms of delegation, be deemed to have and to have always had power to make orders under that section with respect to that area ; and where at the passing of this Act a rural sanitary district or parish is situate in more than one county, a joint committee of the councils of those counties shall act under this section, and if any of those councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed shall act as the joint 'committee. Provided that any question arising as to the constitution or procedure of any such joint committee shall, if the county councils concerned fail to agree, be determined by the Local Government Board. (12.) Every report made by the Boundary Commissioners under the Local Government Boundaries Act, 1887," shall be laid before the council of any administrative county or borough affected by that report, and before any joint committee of county councils, and it shall be the duty of such councils and joint committees to take such reports into consideration before framing any order under the powers conferred on them under this Act. (13.) Every county council shall, within two years after the passing of this Act, or within such further period as the Local Government Board may allow cither generally or with reference to any ])articular matter, make such orders under this section as they deem necessary for tlic purjjose of bringing this Act into operation, and after the ex]iiration of the said two years or further period the powers of the county council for that purpose shall be transferred to tlie Local Government Board, who may exercise those powers. & 57 Vict. 73, s. 36. 51 & 52 Vict. c. 41. 50 iS: 51 Vict. o. 61. Sect. 37. Where it is proved to the satisfaction of the county council that Provision .-is to any part of a parish has a defined boundary, and has any property or rights distinct P''"''^'ie^ havinR from the rest of the parish, the county council may order that the consent of a jef„^ed' parish meeting held for that part of the parish shall be required for any such act or boundaries, class of Acts of the parish council affecting the said property or rights as is specified in the order. 1 See page 363. - See page 186. 266 LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict. c. 73, s. 38. Orders for grouping parishes and dissolving groups. Sect. 38. — (i.) Where parishes are grouped, t?.e grouping order shall make the necessary provisions for the name of the group, for the parish meetings in each of the grouped parishes, and for the election in manner provided by this Act of separate representatives of each parish on the parish council, and may provide for the consent of the parish meeting of a parish to any particular act of the parish council, and for any other adaptations of this Act to the group of parishes, or to the parish meetings in the group. (2.) Where parishes are grouped the whole area under each parish council shall unless the county council for special reasons otherwise direct, be within the same administrative county and county district. (3.) Where parishes are grouped, the grouping order shall provide for the appli- cation of the provisions of this Act with respect to the appointment of trustees and beneficiaries of a charity, and the custody of documents, so as to preserve th;^ separate rights of each parish. (4,) The parish meeting ot any parish may apply to the county council for a grouping order respecting that parish, and, if the parish has a less population than two hundred, for a parish council, and any such application shall be forthwith taken into consideration by the county council. (5.) The county council may, on the application of the council for any group of parishes or of the parish meeting for any parish included in a group of parishes,, make an order dissolving the group, and shall by the order make such provision as appears necessary for the election of parish councils of the parishes in the group and for the adjustment of property, rights, and liabilities as between separate parishes and the group. Provisions for increase and decrease of population. Sect. 39. — (l.) Where the population ot a parish not having a separate parish council increases so as to justify the election of such council, the parish, meeting may petition the county council, and the county council, if they think proper, may order the election of a parish council in that parish, and shall by the order make .such provision as appears necessary for separating the parish from any group of parishes in which it is included, and for the alteration of the parish council of the group, and for the adjustment of property, rights, and liabilities as between the group and the parish with a separate parish council. (2.) Where the po'pulation of a parish, according to the last published census for the time being is less than two hundred, the parish meeting may petition the county council, and the county council, if they think proper, may order the dis- solution of the parish council, and from and after the date of the order this Act shall apply to that parish as to a parish not having a parish council. The order shall make such provision as appears necessary for carrying it into effect, and for the disposal and adjustment of the property, rights, and liabilities of the parish council. Where a petition for such an order is rejected, another petition for the same purpose may not be presented within two years from the presentation of the previous petition. Certain orders of Sect. 40. A grouping order, and an order establishing or dissolving a parish county council council, Or dissolving a group of parishes, and an order relating to the custody of confirmation'^ parish documents or requiring the approval of the Charity Commissioners, and an order requiring the consent of the parish meeting for any part of the parish to any act or class of acts of the parish council, shall not require submission to or con- firmation by the Local Government Board. Reduction of i~a ^ ai r,^^ ■ r ... . , , ■ rr time forappeal- oect. 41. — 1 he tune lor petitionmg agamst an order under section htty-seven ing against of the Local Government Act, iSSS,-' shall be six weeks instead of three months county council after the notice referred to in subsection three of that section, orders. 1 See page 363. IV.] 56 AND 57 VICT. CAP. -JT^. 267 Sect. 42. When an order under section fifty-seven of the Local Goverfimenl 56 & 57 Vict. Act, 1S88,' has been confirmed by the Local Government Board, such order c. 7 3, s. 42. shall at the expiration of six months from that confirmation be presumed to have Validity of been duly made, and to be within the powers of that section, and no objection to county council the legality thereof shall be entertained in any legal proceeding whatever. orders. PART I\^ Supplemental. Parish Meetings and Elections. Sect. 43. For the purposes of this Act a woman shall not be disqualified by Removal of marriage for being on any local government register of electors, or for being an disqualificatioa elector of any local authority, provided that a husband and wife shall not both be „,omen. qualified in respect of the same property. Sect. 44, — (i.) The local government register of electors and the parha- mentary register of electors, so far as they relate to a parish shall, together, form the register of the parochial electors of the parish ; and any person whose name is not in that register shall not be entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register shall be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by this or any other Act of Parliament {2. ) Where the parish is in a parliamentary borough, such portion of the parlia- mentar)' register of electors for the county as contains the names of persons registered in respect of the ownership of any property in the parish shall be deemed to form part of the parliamentary register of electors for the parisii within the meaning of this section. (3.) The lists and register of electors in any parish shall be framed in parts for wards of urban districts and parishes in such manner that they may be conveniently used as lists for polling at elections for any such wards. {4.) Nothing in any Act shall prevent a person, if duly qualified, from l^eing registered in more than one register of parochial electors. (5.) Where in that portion of the parliamentary register of electors which relates to a parish a person is entered to vote in a polling district other than the district comprising the parish, such person shall be entitled to vote as a parochial elector for that parish, and in addition to an asterisk there shall be placed against his name a number consecutive with the other numbers in the list. (6.) Where the revising barrister in any list of voters for a parish would — (a.) In pursuance of section seven of the County Electors Act, 1888,- place an asterisk or other mark against the name of any person ; or Register of parochial electors. 51 Vict. c. ic References. References. '^ See page -^bZ- - Subsection 5 of the section provides that — " Where in pursuance of section 4 of 51 v'ict. c. 10, s. 7 *' the Registration Act, 1885, the revising barrister has power to erase tiie name of "any person as a parliamentary voter from division one of the occupiers' list, such " barrister, in lieu of erasing the name, shall place an asterisk or other mark "against the name, and, in printing such lists, tiie name shall be numliered con- " secutively with the other names, but an asterisk or other mark shall be printed " against the name, and a person against whose name such asterisk or other mark " is placed shall not be entitled to vote in respect of such entry at a parliamentary " election, but shall have the same right of voting at an election of a county "authority as he would have if no such mark were placed against his name." 268 LOCAL GOVERNMENT ACT, 1 894. [PART c. 73 ^L 44?'" ^^''^ ^^ pursuance of section four of the Registration Act, 1885,^ erase the name of any person otherwise than by reason of that name appearing more than once in the Hsts for the same parish ; or 4iiS:42 Vict. c. 26 ((-_) In pursuance of section twenty-eight of the Parhamentary and Municipal 48&49Vict. c. 15 Registration Act, 1878," as amended by section live of the Registration Act, 1885," place against the name of a person a note to the effect that such person is not entitled to vote in respect of the qualification contained in the list, the revising barrister shall, instead of placing that mark or note, or erasing the name, place against the name, if the person is entitled to vote in respect ot that entry as a county elector or burgess, a mark signifying that his name should be printed in division three of the list, or if he is entitled to vote only as a parochial elector, a mark signifying that he is entitled to be registered as a parochial elector, and the name so marked shall not be printed in the parliamentary register of electors, but shall be printed, as the case requires, either in division three of the local government register of electors, or in a separate list of parochial electors. (7.) Where the name of a person is entered both in the ownership list and in the occupation list of voters in the same parish and the revising barrister places against that name a mark or note signifying that the name should be printed in division three of the lists, an asterisk or other mark shall be there printed against the name, and such person shall not be entitled to vote as a parochial elector in respect of that entry. (8. ) Such separate list shall form part of the register of parochial electors of the parish, and shall be printed at the end of the other lists of electors for the the parish, and the names shall be numbered consecutively with the other names on those lists, and the law relating to the register of electors, shall, with the necessary modifications, apply accordingly, and the lists shall, for the purposes of this Act, be deemed to be part of such register. (9.) Any person may claim for the purpose of having his name entered in the parochial electors' list, and the law relating to claims to be entered in lists of voters .shall apply. (10.) The clerk of the county council, or town clerk, as the case may be, shall, in printing the lists returned to him by the revising barrister, do everything that is necessary for carrying into effect the provisions of this section with respect to the persons whose names are marked by the revising barrister in pursuance of this section. Beferences. Beferences. 48S:49Vict. c. 15 ^ Sul'section (9) of this section is as foUozvs : — " Sub-section fourteen of section s. 4(9)- "twenty-eight of the Parliamentary and Municipal Registration Act, 1 878, shall " not apply to parliamentary counties, and in substitution for it the following " provisions shall have effect : — {a) "Where the name of a person appears to be entered more than once as a " parliamentary voter on the lists of voters for the same parliamentary county, " the revising barrister shall inquire whether such entries relate to the same " person, and, on proof that such entries relate to the same person, shall " retain one enti7 and erase the others. " (/') The said person may select the entry to be retained by notice in writing " delivered or sent by post to the revising barrister at or before the opening " of the first court at which he revises any of the lists in which any of such " entries appear, or by application made by such person or on his behalf at " the time of the revision of the first of such lists. " (c) If no selection is so made the entrj' to be retained shall be determined as " follows : " (i) if one only of the entries is on the list of ownership voters, that entry " shall be retained ; and " (ii) if all or none of the entries are on the list of ownership voters, and one " of the entries is the place of abode of the voter, the entry in respect " of the place of abode shall be retained ; and IV.] 56 AND 57 VICT. CAP. J I. 269 Beferences.— w«/) has within twelve months before his election, or since his election, received union or parochial relief; or (1:) has, within five years before his election or since his election, been convicted either on indictment or summarily of any crime, and sentenced to imprison- ment with hard labour without the option of a fine, or to any greater punishment, and has not received a free pardon, or has, within or during the time aforesaid, been adjudged bankrupt, or made a composition or arrange- ment with his creditors ; or {d) holds any paid office under the parish council or district council or board of guardians, as the case may be ; or (e) is concerned in any bargain or contract entered into with the council or board, or participates in the profit of any such bargain or contract or of any work done under the authority of the council or board. (2.) Provided that a person shall not be disqualified for being elected or being a member or chairman of any such council or board by reason of being interested — (a) in the sale or lease of any lands or in any loan of money to the council or board, or in any contract with the council for the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or (/-') in any newspaper in which any advertisement relating to the affairs of the council or board is inserted ; or (c) in any contract with the council or board as a shareholder in any joint stock company ; but he shall not vote at any meeting of the council or board on any question in which such company are interested, except that in the ca* of a water company or other company established for the carrying on of works of a like public nature, this prohibition may be dispensed with by the county council. (3.) Where a person who is a parish councillor, or is a candidate for election as a parish councillor, is concerned in any such bargain or contract, or participates in any such profit, as would disqualify him for being a parish councillor, the disqualification may be removed l)y the county council if they are of opinion that such removal will be beneficial to the parish. {4.) Where a person is disqualified by being adjudged Imnkrupt or making a composition or arrangement with his creditors, the disqualification shall cease, in ■case of bankruptcy, when the adjudication is annulled, or when he obtains his discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in case of composition or arrangement, on payment of his debts in full. (5.) A person disqualified for being a guardian shall also be disqualified for being a rural district councillor. (6.) If a member of a council of a parish, or of a district other than a borough, ■or of a board of guardians, is absent from meetings of the council or board for IV.] 56 AND 57 VICT. CAP. Jl. 271 more than six months consecutively, except in case of illness or for some reason 56 & yi Vict, approved by the council or board, his office shall on the expiration of those '^' 73^ 46- months become vacant. (7.) Where a member of a council or board of guardians becomes disqualified for holding ofHce, or vacates his beat for absence, the council or board shall forthwith declare the office to be vacant, and signify the same by notice signed by three members and countersigned by the clerk of the council or board, and notified in such manner as the council or board direct, and the office shall thereupon become vacant. (8.) If any person acts when disqualified, or votes when prohibited imder this section, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds. (9. ) This section shall apply in the case of any authority whose members are elected in accordance with this Act in like manner as if that authority were a district council, and in the case of London auditors as if they were members of a district council. Sect. 47. — (l-) If at the annual election of parish councillors any vacancies Supplemental are not filled by election, such number of the retiring councillors as are not paHsh councils? re-elected, and are required to fill the vacancies, shall, if willing, continue to hold office. The councillors so to continue shall be those wh© were highest on the poll at the previous election, or if the numbers were equal or there was no poll, as may be determined by th6 parish meeting, or if not so determined, by the chairman of the parish council. (2.) A retiring parish councillor or chairman of a parish council or parish meeting shall be re-eligible. (3.) A parish councillor may, by notice in writing to the chairman of the council, resign his office, and a chairman of a parish council or parish meeting may resign his chairmanship by notice in writing to the council or meeting. (4.) A casual vacancy among parish councillors or in the office of chairman of the council shall be filled by the parish council, and where there is no parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and the person elected shall retire from office at the time when the vacating councillor or chairman would have retired. (5.) If any parish council become unable to act by reason of a want of councillors, whether from failure to elect or otherwise, the county council may order a new election, and may by order make such provision as seems expedient for authorising any person to act temporarily in the place ol the parish council and of the chairman thereof. Sect. 48.— (l.) The election of a parish councillor shall be at a ixirish Supplemental ,■ . 1, , .1 ^ '■ provisions as to meetmg, or at a poll consequent thereon. elections, polls, (2.) Rules framed under this Act by the Local Government Board in relation to and tenure of ' elections shall, notwithstanding anything in any other Act, have effect as if office, enacted in this Act, and shall provide, amongst other thinj^s — (i.) for every candidate being nominated in writing by two parochial electors as proposer and seconder and no more ; (ii.) for preventing an elector at an election for a union or for a district not a borough from subscribing a nomination paper or voting in more than one parish or other area in the union or district ; (iii.) for preventing an elector at an election for a parish divided into parish wards from subscribing a nomination paper or voting for more than one ward ; (iv.) for fixing or enabling the county council to fix the day of the poll and the hours during which the poll is to be kept open, so, however, that the poll shall always be open between the hours of six and eight in the evening ; (v.) for the polls at elections held at the same date and in the same area being taken together, except where this is impracticable ; {vi. ) for the appointment of returning officers for the elections. >^3.) At every election regulated by rules framed under this Act, the poll shall 272 LOCAL GOVERNMENT ACT, 1 894. [PART 6& V I ^^ taken by ballot, and the Ballot Act, 1872, ^ and the Municipal Elections \. 7^%. 4S. (Corrupt and Illegal Practices) Act, 1884,- and sections seventy-four and seventy- -^ five and Part I\'. of the Municipal Corporations Act, 1882,^ as amended by the 35 & 36 Vict. last-mentioned Act (including the penal provisions of those Acts) shall, subject to 47&'48 Vict adaptations, alterations, and exceptions made by such rules, apply in like manner c. 70. as in the case of a municipal election. Provided that — 45 & 46 Vict (jjr) section six of the Ballot Act, 1872, shall apply in the case of such elections, *^' 5°- and the returning officer may, in addition to using the schools and public rooms therein referred to free of charge, for taking the poll, use the same, free of charge, for hearing objections to nomination papers and for counting votes ; and {d) section thirty-seven of the Municipal Elections (Corrupt and Illegal Practices) Act, 1S84, shall apply as if the election were an election mentioned in the First Schedule to that Act. (4.) The provisions of the Municipal Corporations Act, 1882, and the enact- ments amending the same, with respect to the expenses of elections of councillors ol a borough, and to the acceptance of office, resignation, re-eligibility of holders of office, and the fdling of casual vacancies, and section fifty-six of that Act,'* shall,, subject to the adaptations, alterations, and exceptions made by the said rules, apply in the case of guardians and of district councillors of a county district not a borough, and of members of the local board of Woolwich, and of a vestry under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same. Provided that — (a) the provisions as to resignation shall not apply to guardians, and district councillors of a rural district shall be in the same position with respect ta resignation as members of a board of guardians ; and (d) nothing in the enactments applied by this section shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election ; and {c) the rules may provide for the incidence of the charge for the expenses of the elections of guardians being the same as heretofore. (5.) If any difficulty arises as respects the election of any individual councillor or guardian, or member of any such local board or vestry as aforesaid, or auditor, and there is no provision for holding another election, the county council may order a new election to be held and give such directions as may be necesssary for the purpose of holding the election. (6.) Any ballot boxes, fittings, and compartments provided by or belonging to any public authority, for any election (whether parhamentary, county council, municipal, school board, or other), shall, on request, and if not required for immediate use by the said authority, be lent to the returning officer for an election under this Act, upon such conditions and either free of charge or, except in the prescribed cases, for such reasonable charge as may be prescribed. (7.) The expenses of any election under this Act shall not exceed the scale fixed by the county council, and if at the beginning of one month before the first election under this Act a county council have not framed any such scale for their county, the Local Government Board may frame a scale for the count) , and the scale so framed shall apply to the first election, and shall have effect as if it had been made by the county council, but shall not be alterable until after the first election. (8.) This section shall, subject to any adaptations made by the said rules, apply in the case of everj' poll consequent on a parish meeting, as if it were a poll for the election of parish councillors. Provision as to Sect. 49. Where a parish meeting is required or authorised in pursuance of parish meeting t^ig Act to be held for a ward or other part of a parish, then — tor part of parish , ' See page 296. - See page 338. ^ See pages 330 /• 54- 45 & 46 Vict, c. 50. 51 & 52 Vict, c. 41. Power to change name of district or parish. Committees of parish or district councils. foint com* mittees. {/') as respects any parish or part which remains rural, provision shall be made for the constitution of a new parish council for the same, or for the anne.xation of the parish or part to some other parish or parishes, or otherwise for the government of the parish or part, and (c) provision shall also where necessary be made for the adjustment of any property, debts, and liabilities affected by the said creation, constitution, or extension. (2.) The provision aforesaid shall be made — (a.) Where a new borough is created, by a scheme under section two hundred and thirteen of the Municipal Corporations Act, 1882 ;^ (/'. ) Where any other new urban district is constituted, by an order of the county council under section fifty-seven of the Local Government Act, 1888 y^ (c.) Where the area of an urban district is extended, by an order of the Local Government Board under section fifty-four, ■* or of the county council under section fifty-seven,- as the case may be, of the Local Government Act, 1888. (3.) Where the area of an urban district is diminished this section shall apply with the necessary modifications. Sect. 55. — (l.) Where a parish is divided or united or grouped with another parish by an order in pursuance of this Act each new parish or group so formed shall bear such name as the order directs. (2. ) Where a parish is divided by this Act, each parish so formed shall bear such name as the county council direct. (3.) Any district council may, with the sanction of the county council, change their name and the name of their district. (4.) Every change of name made in pursuance of this section shall be published in such manner as the authority authorising the change may direct, and shall be notified to the Local Government Board. (5-) Any such change of name shall not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name. Sect. 56. — (i.) A parish or district council may appoint committees, consisting either wholly or partly of members of the council, for the exercise of any powers which, in the opinion of the council, can be properly exercised by committees, but a committee shall not hold office beyond the next annual meeting of the council, and the acts of every such committee shall be submitted to the council for their approval. Provided that where a committee is appointed by any district council for any of the purposes of the Public Health Acts or Highway Acts, the council may authorise the committee to institute any proceeding or do any act which the council might have instituted or done for that purpose other than the raising of any loan or the making of any rate or contract. (2.) Where a parish council have any powers and duties which are to be exercised in a part only ot the parish, or in relation to a recreation ground, building, or property held for the benefit of a part of a parish, and the part has a defined boundary, the parish council shall, if required by a parish meeting held for that part, appoint annually to exercise such powers and duties a committee consisting partly of members of the council and partly of other persons representing the said part of the parish. (3.) With respect to committees of parish and district councils the provisions in the First Schedule to this Act shall have effect. (4. ) This section shall not apply to the council of a borough. Sect. 5*7. — (i.) A pari.sh or district council may concur with any other parish or district council or councils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, 1 Seepage: 337. - See page 363. '' See page 362. IV.] 56 AND 57 VICT. CAP. ^l. 277 and in conferring, with or without conditions or restrictions, on any such 56 & 57 Vict. committee any powers which the appointing council might exercise if the purpose '^- Ti^ *• 57- related exclusively to their own parish or district. (2.) Provided that a council shall not delegate to any such committee any power to borrow money or make any rate. (3.) A joint committee appointed under this section shall not hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it. (4.) The costs of a joint committee under this section shall be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difference by the county council. (5.) Where a parish council can under this Act be required to appoint a committee consisting partly ot members of the council and partly of other persons, that requirement may also be made in the case of a joint committee, and shall be duly complied with by the parish councils concerned at the time of the appointment of such committee. Sect. 58. — (i.) The accounts of the receipts and payments of parish and Audit of accounts district councils, and of parish meetings for parishes not having parish councils, of district and and their committees and officers, shall be made up yearly to the thirty-first day of P^"';h councils March, or in the case of accounts which are required to be audited half-yearly, ^"'^ •" pe then half-yearly to the thirl ieth day of September and the thirty-first day of March in each year, and in such form as the Local Government Board prescribe. (2.) The said accounts shall, except in the case of accounts audited by the auditors of a borough, (but inclusive of the accounts of a joint committee appointed by a borough council with another council not being a borough council,) be audited by a district auditor, and the enactments relating to audit by district auditors of accounts of urban sanitary authorities and their officers, and to all matters incidental thereto and consequential thereon, shall apply accordingly, except that in the case of the accounts of rural district councils, their committees and officers, the audit shall be half-yearly instead of yearly. (3.) The Local Government Board may, with respect to any audit to which this section applies, make rules modifying the enactments as to publication of notice of the audit and of the abstract of accounts and the report of the auditor. (4.) Every parochial elector of a rural parish may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the parish council of the parish or parish meeting. (5.) Every parochial elector of a parish in a rural district may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the district council of the district. Sect. 59. — (l.) Section one hundred and ninety-nine and .Schedule I. of the Supplementa Public Health Act, 1875,^50 far as that schedule is unrepealed (which relate to provisions as to the meetings of urban authorities, and to the meetings and proceedings of local district councils, boards), shall apply in the case of every urban district council other than a 38 ^'i 39 Vict. borough council and of every rural district council and l)oard of guardians, as if c. 55- such district council or boaril were a local Ijoard, except that the chairman of the council or board may be elected from outside the councillors or guardians. (2.) Any urban district council other than a borough council, and any rural district council and board of guardians may, if they think fit, appoint a vice- chairman to hold office during the term of office of the chairman, and the vice- chairman shall, in the absence or during the inability of the chairman, have the powers and authority of the chairman. (3.) Any rural district council shall l)e entitled to use for the purpose of their meetings and proceedings the board room and offices of any board of guardians ^ See pages 314 and 328. 278 LOCAL GOVERN^NIENT ACT, 1 894. [part 56 & 57 Vict. c. 73, s. 59. 20 & 21 Vict, c. 22. Supplemental provisions as to guardians. Place of meeting of parish or district council or board of guardians. for the union comprising their district at all reasonable hours, and if any question arises as to what hours are reasonable it may be determined by the Local Government Board. (4.) Nothing in this section shall affect any powers of the Local Government Board with respect to the proceedings of guardians. (5.) If any district council, other than a borough council, become unable to act, whether from failure to elect or otherwise, the county council of the county in which the district is situate may order elections to be held and may appoint persons to form the district council until the newly elected members come into office. (6.) Nothing in this Act shall affect any powers of the .Secretary of State under the Public Health Supplemental Act for Aldershot, 1857,^ or the position of persons nominated under those powers. A'liscellaneous. Sect. 60. — (i.) The council of each county may, from time to time, by order, fix or alter the number of guardians or rural district councillors to be elected for each parish within their county, and for those purposes may exercise powers of adding parishes to each other and dividing parishes into wards, similar to those which by the Acts relating to the relief of the poor are, for the purpose of the election of guardians, vested in the Local Government Board. (2.) The council of each county may for the purpose of regulating the retirement of guardians or rural district councillors, in cases where they retire by thirds, and in order that as nearly as may be one-third of the persons elected as guardians for the union, and one-third of the persons elected as rural district councillors for the district, shall retire in each year, direct in which year or years of each triennial period the guardians or district councillors for each parish, ward, or other area in the union or rural district shall retire. (3.) Where a poor law union is situate in more than one county, the power under this section of fixing or altering the number of guardians or rural district councillors, and of regulating the retirement of guardians and of district councillors, shall be exercised by a joint committee of the councils of the counties concerned, but if any of those councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed shall act as the joint committee. Provided that if any order under this sub-section is, within six weeks after the making thereof, objected to by any of the county councils concerned, or by any committee of any of those councils authorised in that behalf, it shall be of no effect until confirmed by the Local Government Board. (4. ) Where under any local and personal Act guardians of a poor law union are elected for districts, whether called by that name or not, the provisions of this Act with respect to the election of guardians shall apply as if each of the districts were a parish. (5.) The board of guardians of a union elected in pursuance of this Act, shall, save as otherwise provided by an order of the Local Government Board, made on the application of those guardians, have the same powers and duties under any local and jiersonal Act as the existing board of guardians. (6. ) Nothing in this Act shall alter the constitution of the corporation of the guardians of the poor within the city of Oxford, or the election or qualification of the members thereof, except those members who are elected by the ratepayers of parishes. Sect. 61. No parish meeting or meeting of a parish council, or of a district council, or of a board of guardians shall be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such meeting either free of charge or at a reasonable cost. 1 Seepage 120. IV.] 56 AND 57 VICT. CAP. yi. 279 of powers of other authorities. Provisions as to county council acquiring powers of district council. Sect. 62. — (l.) Where there is in any urban district, or part of an urban 56 & 57 Vict, district, any authority constituted under any of the adoptive Acts, the council of '^' 73^<5a. that district may resolve that the powers, duties, property, debts, and liabilities of Permissive that authority shall be transferred to the council as from the date specified in the transfer to urban resolution, and upon that date the same shall be transferred accordingly, and the di^stnct council authority shall cease to exist, and the council shall be the successors of that authority. (2.) After the appointed day any of the adoptive Acts shall not be adopted for any part of an urban district without the approval of the council of that district. Sect. 63. — (i.) Where the powers of a district council are by virtue of a resolution under this Act transferred to a county council, the following provisions shall have effect : — (a.) Notice of the resolution of the county council by virtue of which the transfer is made shall be forthwith sent to the district council and to the Local Government Board. (/'. ) The expenses incurred by the county council shall be a debt from the district council to the county council, and shall be defrayed as part of the expenses of the district council in the execution of the Public Ilealth Acts, and the district council shall have the like power of raising the money as for the defraying of those expenses : (f. ) The county council for the purpose of the powers transferred may on behalf of the district council borrow subject to the like conditions, in the like manner, and on the security of the like fund or rate, as the district council might have borrowed for the purpose of those powers. {d. ) The county council may charge the said fund or rate with the payment of the principal and interest of the loan, and the loan with the interest thereon shall be paid by the district council in like manner, and the charge shall have the like effect, as if the loan were lawfully raised and charged on that fund or rate by the district council : {e.) The county council shall keep separate accounts of all receipts and expen- diture in respect of the said powers : (/.) The county council may by order vest in the district council all or any of the powers, duties, property, debts, and liabilities of the county covmcil in relation to any of the said powers, and the property, debts, and liabilities so vested shall be deemed to have been acquired or incurred by the district council for the purpose of those powers. (2.) Where a rural district is situate in two or more counties a parish council complaining under this Act may complain to the county council of the county in which the parish is situate, and if the subject-matter of the complaint affects any other county the complaint shall be referred to a joint committee of the councils of the counties concerned, and any question arising as to the constitution of such joint committee shall be determined by the Local Ciovernment Board, and if any members of the joint committee are not appointed the members who are actually appointed shall act as the joint committee. Sect. 64, A county council may employ a di.strict council as their agents in Power to act _ the transaction of any administrative business on matters arising in or affecting the ^^[j°"?," <^'""<=' interest of its own district. Sect. 65. Where any improvement commission affected by this Act have Saving for any powers, duties, property, debts or liabilities in respect of any harbour, the harbour powers, improvement commission shall continue to exist and be elected for the purpose thereof, and shall continue as a separate body, as if this Act had not passed, and the property, debts, and liabilities shall be apportioned betweenthe district council for the district and the commission so continuing, and the adjustment arising out of the apportionnvint .shall be determined in manner provided by this Act. Sect 66 Nothing in this .\ct shall affect the trusteeshii), management, or Saving for . t r 1.11 elementary control of any elementary school. schools. 28o LOCAL GOVERNMENT ACT, 1 894. [part 56 & 57 Vict. c. 73, s. 67 Transfer of property and debts and liabilities. Adjustment of property and liabilities. 52 & S3 Vict c. 49. Power to deal with matters arising out of alteration of boundaries. Sect. 67. Where any powers and duties are transferred by this Act from one authority to another authority — (i.) All property held by the first authority for the purpose or by virtue of such powers and duties shall pass to and vest in the other authority, subject to all debts and liabilities affecting the same ; and (2.) The latter authority shall hold the same for the estate, interest, and pur- poses, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not passed, so far as the same are not modified by or in pursuance of this Act ; and (3.) All debts and liabilities of the first authority incurred by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been defrayed if this Act had not passed. Sect. 68- — (i.) Where any adjustment is required for the purpose of this Act, or of any order, or thing made or done under this Act, then, if the adjustment is not otherwise made, the authorities interested may make agreements for the purpose, and may thereby adjust any property, income, debts, liabilities, and expenses, so far as affected by this Act, or such scheme, order, or thing, of the parties to the agreement. (2.) The agreement may provide for the transfer or retention of any property, debts, or liabilities, with or without any conditions, and for the joint use of any property and for payment by either party to the agreement in respect of property, debts, and liabilities so transferred or retained, or of such joint user, and in respect of the salary or remuneration of any officer or person, and ttiat either by way of an annual payment or, except in the case of a salary or remuneration by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed by the Local Government Board : Provided that where any of the authorities interested is a board of guardians, any such agreement, so far as it relates to the joint use of any property, shall be subject to the approval of the Local Govern- ment Board. (3.) In default of an agreement, and as far as any such agreement does not extend, such adjustment shall be referred to arbitration in accordance with the Arbitration Act, 18S9,' and the arbitrator shall have power to disallow as costs in the arbi- tration the costs of any witness whom he considers to have been called unne- cessarily, and any other costs which he considers to have been incurred unne- cessarily, and his award may provide for any matter for which an agreement might have provided. (4.) Any sum required to be paid by any authority for the purpose of adjustment may be paid as part of the general expenses of exercising their duties under this Act, or out of such special fund as the authority, with the approval of the Local Government Board, direct, and if it is a capital sum the payment thereof shall be a purpose for which the authority may borrow under the Acts relating to such authority, on the security of all or any of the funds, rates, and revenues of the authority, and any such sum may be borrowed without the consent of any authority, so that it be repaid within such period as the Local Government Board may sanction. (5.) Any capital sum paid to any authority for the purpose of any adjustment under this Act shall be treated as capital, and applied, with the sanction of the Local Government Board, either in the repayment of debt or for any other purpose for which capital money may be applied. Sect. 69. ^\^^ere an alteration of any area is made by this Act, an order for any of the matters mentioned in section fifty-nine of the Local Government Act, 1888,- may, if it appears to the county council desirable, be made by the county council, or in the case of an area situate in more than one county, by a joint com- mittee of county councils, but nothing in this section shall empower a county council or joint committee to alter the boundaries of a county. •* See page 366. See page 364. IV.] 56 AND 57 VICT. CAP. 73. 281 Sect. 70. — (i.) If any question arises, or is about to arise, as to whether any power, duty, or liability is or is not transferred by or under this Act to any parish council, parish meeting or district council, or any property is or is not vested in the parish council, or in the chairman and overseers of a rural parish, or in a district council, that question, without prejudice to any other mode of trying it, may, on the application of the council meeting, or other local authority concerned, be submitted for decision to the High Court in such summary manner as, subject to any rules of Court, may be directed by the Court ; and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question. (2.) If any question arises or is about to arise under this Act as to the appoint- ment of the trustees or beneficiaries of any charity, or as to the persons in whom the property of any charity is vested, such question shall, at the request of any trustee, beneficiary, or other person interested, be determined in the first instance by the Charity Commissioners, subject to an appeal to the High Court, brought within three months after such determination. Provided that an appeal to the High Court of Justice from any determination of the Charity Commissioners under this section may be presented only under the same conditions as are prescribed in the case of appeals to the High Court from orders made by the Charity Com- missioners under the Charitable Trusts Acts, 1853 to 1891.^ (3.) An appeal shall, with the leave of the High Court or Court of Appeal but not otherwise, lie to the Court of Appeal against any decision under this section. Sect, 71. A copy of every order made by a county council or joint committee in pursuance of this Act shall be sent to the Local Government Board, and, if it alters any local area or name, also to the Board of Agriculture. Sect. 72. — (i.) The expenses incurred by the Local Government Board in respect of inquiries or other proceedings under this Act shall be paid by such authorities and persons and out of such funds and rates as the Board may by order direct, and the Board may certify the amount of the expenses so incurred, and any sum so certified and directed by the Board to be paid by any authority or person shall be a debt from that authority or person to the Crown. (2.) Such expenses may include the salary of any inspector or officer of the Board engaged in the inquiry or proceeding, not exceeding three guineas a day. (3,) The Local Government Board and their inspectors shall have for the pur- poses of an inquiry in pursuance of this Act the same powers as they respectively have for the purpose of an inquiry under the Public Health Act, 1875.-' (4.) Where a county council hold a local inquiry under this Act, or under the Local Government Act, 1888, on the application of the council of a parish or district, or of any inhabitants of a parish or district, the expenses incurred by the county council in relation to the inquiry (including the expenses of any committee or person authorised by the county council) shall be paid by the council of that parish or district, or, in the case of a parish which has not a parish council, by the parish meeting ; but, save as aforesaid, the expenses of the county council incurred in the case of inquiries under this Act shall be paid out of the county fund. Sect. 73. When the day on which any thing is required by or in pursuance of this Act to be done is Sunday, Christmas Day, or Good Friday, or a bank holiday, that thing shall be done on the next following day, not being one of the days above mentioned. Sect. 74. This Act shall be deemed to be an Act touching local govern- ment within the meaning of section forty-nine of the Local Government Act, 1888, ■'' and a provisional order for the Scilly Islands may, on the api)lication of the coun- cil of the Isles of Scilly, and after such public notice as a])pears to the Local Government Board sufficient for giving information to all persons interested, be made accordingly. ^ See page 78. ' See Scctiotts 2g-^ to 2q6 of the Public Hcaltli Act, rSjj, page 326. ^ See page 362. 55 & 57 Vict, c. 73, s. 70. Summary proceeding for deftermination of questions as to transfer of Supplemental provisions as to county council orders. Provisions as to local inquiries. Provision as to Sundays and bank holidays. Provisions as to Scilly Islands. 51 i't 5? Vict, c. ti. 282 LOCAL GOVERNMENT ACT, 1S94. [part 56 & 57 Vici c. 73> !i- 75- Construction c Act. 51 & 52 Vict. C.41. 33 & 34 Vict. c. 75- E.xtent ot Act. Short title. Sect. 75. — (i.) The definition of " parish " in .section one hundred of the Local Government Act, 1SS8, shall not apply to this Act, but, save as aforesaid, expressions used in this Act shall, unless the context otherwise requires, have the same meaning as in the said Act.' (2.) In this Act, unless the context otherwise requires — Any reference to population means the population according to the census of one thousand eight hundred and ninety-one. The expression " parochial elector," when used with reference to a parish in an urban district, or in the county of London or any county borough, means any person who would be a parochial elector of the parish if it were a rural parish. The expression " election " includes both the nomination and the poll. The expression "trustees" includes persons administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used. The expression " ecclesiastical charity " includes a charity, the endowment whereof is held for some one or more of the following purposes : — (a) for any spiritual purpose which is a legal purpose ; or (/>) for the benefit of any spiritual person or ecclesiastical officer as such ; or (c) for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination ; or ((/) for the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of divine service therein ; or (6') otherwise for the benefit of any particular church or denomination, or of any members thereof as such. Provided that where any endowment of a charity, other than a building held for any of the purposes aforesaid, is held in part only for some of the purposes aforesaid, the charity, so far as that endowment is concerned, shall be an eccle- siastical charity within the meaning of this Act ; and the Charity Commissioners shall, on application by any person interested, make such provisions for the apportionment and management of that endowment as seems to them necessary or expedient for giving effect to this Act. The expression shall also include any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the passing of this Act mainly by or at the cost of members of any particular church or denomination. The expression "affairs of the church" shall include the distribution of offertories or other collections made in any church. The expression " parochial charity " means a charity the benefits of which are or the separate distribution of the benefits of which is confined to inhabitants of a single parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes. The expression " vestry " in relation to a parish means the inhabitants of the parish whether in vestry assembled or not, and includes any select vestry either by statute or at common law. The expression "rateable value" means the rateable value stated in the valuation list in force, or, if there is no such list, in the last poor rate. The expression " county " includes a county borough, and the expression "county council" includes the council of a county borough. The expression " elementary school " means an elementary school wdthin the meaning of the Elementary Education Act, 1870. The expression "local and personal act" includes a Provisional Order confirmed by an Act and the Act confirming the Order. The expression "prescribed" means prescribed by order of the Local Government Board. Sect. 76. This Act shall not extend to Scotland or L'eland. Sect. 77. This Act may be cited as the Local Government Act, 1894. ' See the definitions on page 7. v.] 56 AND 57 VICT. CAP. 7- 283 PART V. Transitory Provisions. 56 & 57 Vict. c. 73, s. 78. First elections of guardians and district councils. Sect. 78.— (i.) The overseers of each rural parish shall convene the first First elections parish meeting of the parish at the time fixed by or under this Act for the first parish councils election of parish councillors, whether there is or is not a parish council for the parish, and for this purpose the overseers of a parish shall be deemed to be the overseers of every part ol the parish. (2.) The chairman of the parish meeting at which the first parish councillors are nominated, or in his default the clerk of the guardians, shall convene the first meeting of the parish council. (3.) The first parish councillors and the first chairman of a parish meeting elected under this Act shall retire on the second ordinary day of coming into office of councillors which happens after their election. Sect. 79. — (l.) The existing boards of guardians and urban and rural sanitary authorities shall take the necessary measures for the conduct of the first elections of guardians and district councillors respectively under this Act, including any appointment of returning officers required by rules under this Act. (2.) Where a parish is divided by this Act into two or more new parishes, then, subject to any order made by the county council, there shall be one guardian, and if it is in a rural district, one district councillor for each of such new parishes. (3.) Of the guardians and urban and rural district councillors first elected under this Act, save as herein-after mentioned, one-third as nearly as may be shall continue in office until the fifteenth day of April one thousand eight hundred and ninety-six, and shall then retire ; and one third as nearly as may be shall continue in office until the fifteenth day of April one thousand eight hundred and ninety- seven, antl shall then retire ; and the remainder shall continue in office until the fifteenth day of April one thousand eight hundred and ninety-eight, and shall then retire. (4.) The guardians and rural district councillors to retire respectively on the fifteenth day of April one thousand eight hundred and ninety-six and on the fifteenth day of April one thousand eight hundred and ninety-seven shall be the guardians and rural district councillors for such parishes, wards, or other areas, as may be determined by the county council for the purpose of the rotation. (5.) Where guardians or rural district councillors retire together at the end of the triennial period, the guardians and district councillors first elected under this Act shall retire on the fifteenth day of April one thousand eight hundred and ninety-eight. (6.) Of the first urban district councillors elected under this Act, the third who are respectively to retire on the fifteenth day of April one thousand eight hundred and ninety-six and one thousand eight hundred and ninety-seven shall be determined according to their place on the poll at the election, those that were lowest on the poll retiring first. If there was no poll, or if a (juestion arises in consecjuence of an ecjuality of votes between two or more councillors, the matter shall be determined by ballot conducted under the direction of the council. (7.) In the case of an urban district divided into wards, the foregoing provisions with respect to retirement shall apply separately to each ward. (8.) Upon the day on which the first guardians and urban or rural district councillors elected under this Act come into office, the jicrsons who are then members of boards of guardians, and urban and rural sanitary authorities, sliall cease to hold office, but until that day the persons who are at the jjassing of tiiis Act guardians and members of urban sanitary authorities (for urban distiicts not being boroughs) and of highway boards shall continue in office notwithstanding any want of qualification, as if the term of office for which they were elected expired on that day, and, except for the purpose of filling casual vacancies or electing additional guardians, no further elections shall l>e held. (9.) The first meeting of each ilistrict council elected under this Act shall be convened by the returning officer. 284 LOCAL GOVERNMENT ACT, 1 894. [PART 56 & 57 Vict. (10.) The foregoing provisions shall apply to the existing members and first c- 7 3. s. 79- members elected under this Act of the local board of Woolwich and of any vestry under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same, and to the existing and first auditors elected under those Acts in like manner as if they were members of urban sanitary authorities or urban district councillors as the case may require, except that the date of the annual election shall be substituted for the fifteenth day of April. (11.) The overseers of any parish divided by this Act shall, until the first appointment of overseers next after the appointed day, continue in office as if they were overseers of each part of the said parish, which by reason of such division becomes .1 separate parish. Power of county Sect, 80.— ( I.) If any difficulty arises with respect to the holding of the d?fficulties^^'"°^^ ^^^^ parish meeting of a rural parish, or to the first election of parish or district councillors, or of guardians, or of members of the local board of Woolwich, or any vestry in the county of London, or of auditors in the county of London, or to the first meeting of a parish or district council, or board of guardians, or such local board or vestry as aforesaid, or if, from no election being held or an election being defective or otherwise, the first parish or district council, or board of guardians, or local board or vestry has not been properly constituted, or there are no auditors under the Metropolis Management Acts, 1855 to 1890, or an insufficient number, properly elected, the county council may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of any such first meeting or election and properly constituting the parish or district council, board of guardians, local board, or vestry, or auditors, and may, if it appears to them necessary, direct the holding of a meeting or election, and fix the dates for any such meeting or election, but a parish shall, notwithstanding any such failure to constitute the parish council, be deemed to be a parish having a parish council within the meaning of this Act. Any such order may modify the provisions of this Act, and the enactments applied by or rules framed under this Act so far as may appear to the county council necessary or expedient for carrying the order into effect. (2. ) The Local Government Board shall make regulations for expediting and simplifying the procedure under section fifty-seven of the Local Government Act, 1 888,^ in all cases in the year one thousand eight hundred and ninety-four, for the purpose of bringing this Act into immediate operation, and such regidations may dispense with the final approval of an order by the county council in cases where the prescribed notice of the proposed order has been given before it is made by the county council. Existing ofTicers. Sect. 81. — (i.) Wliere the powers and duties of any authority other than justices are transferred by this Act to any parish or district council, the officers of that authority shall become the officers of that council, and for the purposes of this section the body appointing a surveyor of highways shall be deemed to be a highway authority and any paid surveyor to be an officer of that body. „ (2.) Where there is in a rural parish an existing vestry clerk appointed under the 13 14 ic . Vestries Act, 1850, he shall become the clerk of the parish council, and if there is also an assistant overseer in the parish, then, notwithstanding the foregoing provisions of this Act, that assistant overseer shall not, while such vestry clerk holds office, be the clerk of the parish council. (3.) Any existing assistant overseer in a parish for which a parish council is elected shall unless appointed by a board of guardians, become an officer of the parish council. (4.) Every such officer, vestiy clerk, and assistant overseer, as above in this section mentioned shall hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties shall receive not less salary or remuneration than heretofore. 1 Seepage 363. v.] 56 AND 57 VICT. CAP. J^. 285 (5.) Where a parish or rural sanitary district is divided by this Act, any officer 56 & 57 Vict, for the parish or district so divided shall hold his oflice as such officer for each ^- 73. ^- 8'- parish or district formed by the division, and his salary shall be borne by the respective parishes or districts in proportion to their rateable value at the commencement of the local financial year next after the passing of this Act. (6.) So much of any enactment as authorises the appointment of assistant overseers by a board of guardians shall be repealed as from the appointed day. (7.) Section one hundred and twenty of the Local Government Act, i88S,^ 51 &52 Vict. c. 41 which relates to compensation to existing officers, shall apply in the case of existing officers affected by this Act, whether officers above in this section mentioned or not, as if references in that section to the county council were references to the parish council, or the district council, or board of guardians or other authority whose officer the person affected is when the claim for compensa- tion arises as the case may require. Provided that all expenses incurred by a district council in pursuance of this section shall be paid as general expenses of the council, and any expenses incurred by a board of guardians in pursuance of this section shall be paid out of their common fund, and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund applicable to payment of the salary of the officers affected. Sect. 82. — (i.) Where before the appointed day the highway expenses were Provision as to charged on a particular parish or other area and not on a district, the district "'S°^^>'='- council may determine that the highways in that parish or area shall be placed in proper repair before the expenses of repairing the same become a charge upon the district, and, failing such highways being placed in proper repair to the satis- faction of the district council, the district council may themselves place the highways in" proper repair, and the expense incurred by them of placing those highways in proper repair shall be a separate charge on the parish or area, and any question which arises as to whether any such expenses are properly a separate charge on the parish or area shall be determined by the county council. {2. ) Where in pursuance of an order of a county council a parish continues to maintain its own highways after the appointed day, the highway expenses shall not be deemed to be expenses of the parish council or of the parish meeting within the meaning of this Act. Sect. 83. It shall be the duty of every county council to exercise all such of Duty of county their powers as may be requisite for bringing this Act into full operation within ™"'i.'-''' '^ brmg their county as soon as may be after the passing thereof, and a county council operation. may delegate their powers under this Act to a committee. Sect. 84. — (i.) The first elections under this Act shall be held on the eighth Appointed day. day of November next after the passing of this Act, or such later date or dates in the year one thousand eight hundred and ninety-four as the Local Government Board may fix. (2.) The persons elected shall come into office on the second Thursday next after their election, or .such other day not more than seven days earlier or later as may be fixed by or in pursuance of the rules made under this Act in relation to their election. (3.) Every division into wards or alteration of the boundaries of any ]iaris]i or union or district which is to affect the first election shall, if it aftects the parishes or parts for which the registers (;f parochial electors will be made, be made so far as practicable before the first day of July next after the passing of this Act, and any such division or alteration which after the appointed day may be made on application by the parish council or any parochial electors of any parish, may be made before the appointed day on application by the vestry or a like number of the ratepayers of the parish. Provided that — (a) If any county council having any such division or alteration under ^ See page 2,6^. 286 LOCAL GOVERNMENT ACT, 1 894. [rART 56 & 57 Vict. consideration so direct, the lists of voters shall be framed in parts corres- c. 7 3 4- ponding with such division or alteration so that the parts may serve either for the unaltered parish, union, or district, or for the same when divided or altered ; and (!>.) If the county council making such division or alteration on or after the said day and on or before the last day of August one thousand eight humlred and ninety-four so direct, the clerk of the county council shall make such adjustment of the registers of ]3arochial electors as the division or alteration may render necessary for enabling every parochial elector to vote at the first election in the ward, union, or district in which his qualification is situate, and in that case the said division or alteration shall be observed in the case of that election. (4.) Subject as in this Act mentioned, " the appointed day" shall, (a.) for the purpose of elections and of parish meetings in parishes not having a parish council, be the day or respective days fixed for the first elections under this Act, or such prior day as may be necessary for the purpose of giving notices or doing other acts preliminary to such elections ; and {d.) for the purpose of the powers, duties, and liabilities of councils or other bodies elected under this Act, or other matters not specifically mentioned, be the day on which the members of such councils or other bodies first elected under this Act come into office ; and (c.) for the purpose of powers, duties, and liabilities transferred to a council of a borough by this Act, be the first day of November next after the passing of this Act ; and the lists and registers of parochial electors shall be made out in such parts as may be necessary for the purjDose of the first elections under this Act. Provided that where an order of a county council postpones the operation of the section with respect to highways as respects their county or any part thereof the day on which such postponement ceases shall, as respects such county or part, be the appointed day, and the order ot postponement shall make such provision as may be necessary for holding elections of highway boards during the interval before the appointed day. Current rates.&c. Qect. 85. — (l.) Every rate and precept for contributions made before the appointed day may be assessed, levied, and collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if this Act had not passed. (2.) The accounts of all receipts and expenditure before the appointed day shall be audited, and disallowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not passed, but as soon as practicable after the appointed day ; and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day. (3.) All proceedings, legal and other, commenced before the appointed day, may be carried on in like manner, as nearly as may be, as if this Act had not passed, and any such legal proceeding may be amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of this Act. (4. ) Every valuation list made for a parish divided by this Act shall continue in force until a new valuation list is made. (5.) The change ot name of an urban sanitary authority shall not afi'ect their identity as a corporate body or derogate from their powers, and any enactment in any Act, whether public, general, or local and personal, referring to the members of such authority shall, unless inconsistent with this Act, continue to refer to the members of such authority under its new name. v.] 56 AND 57 VICT. CAP. 73. 287 Sect. 86. — (i.) Nothing in this Act shall prejudicially affect any securities 56 & 57 Vict, granted before the passing of this Act on the credit of any rate or property ■-'• ^ 3. s. 86. transferred to a council or parish meeting by this Act ; and all such securities, as Savino^ for well as all unsecured debts, liabilities, and obligations incurred by any authority existing securities in the exercise of any powers or in relation to any property transferred from them ^"^ discharge to a council or parish meeting shall be discharged, paid, and satisfied by that " ^ ^• council or parish meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for this Act, that rate may continue to be levied and that power to be exercised either by the authority who otherwise would have levied or exercised the same, or by the transferee as the case may require. (2.) It shall be the duty of every authority whose powers, duties, and liabilities are transferred by this Act to liquidate so far as practicable before the appointed day, all current debts and liabilities incurred by such authority. Sect. 87. All such byelaws, orders, and regulations of any authority, whose powers and duties are transferred by this Act to any council, as are in force at the time of the transfer, shall, so far as they relate to or are in pursuance of the powers and duties transferred, continue in force as if made by tliat council, and may be revoked or altered accordingly. Sect. 88. — (i.) If at the time when any powers, duties, liabilities, debts, or property are by this Act transferred to a council or parish meeting, any action or proceeding, or any cause of action or proceeding is pending or existing by or against any authority in relation thereto the same shall not be in anywise prejudicially affected by the passing of this Act, but may be continued, prosecuted, and enforced by or against the council or parish meeting as successors of the said authority in like manner as if this Act had not been passed. (2.) All contracts, deeds, bonds, agreements, and other instruments subsisting at the time of the transfer in this section mentioned, and affecting any of such powers, duties, liabilities, debts, or property, shall be of as full force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto. Sect. 89. The Acts specified in the Second Schedule to this Act are hereby Repeals, repealed as from the appointed day to the extent in the third column of that schedule mentioned, and so much of any Act, whether public, general, or local and personal, as is inconsistent with this Act is also hereby repealed. Provided that where any wards of an urban district have been created, or any number of members of an urban sanitary authority fixed, by or in pursuance of any local and jiersonal Act, such wards and number of members shall continue and be alterable in like manner as if they had been fixed by an order of the county council untler this or any other Act. Schedules. FIRST SCHEDULE. Saving for existing byelaws. Saving for pending contracts, &c. Rules as to Parish Meetings, Parish Councils, and Committees. Part One. Rules applicable to Parish Meeti?!gs. (i.) The annual assembly of the [larish meeting shall be held on the twenty- fifth day of March in each year, or within seven days before or after that day. (2.) Not less than seven clear days before any parish meeting, public notice thereof shall be given specifying tlie time and place of the intended meeting and the l)usiness to be transacted at the meeting, and signed by the chairman of the parish council or other conveners of the meeting. Section 2. 288 LOCAL GOVERNMENT ACT, 1 894. [SCHED. s6 & 57 Vict. (2.) If the business relates to the establishment or dissolution of a parish '^ ' ^^' council or the grouping of a parish, or the adoption of any of the adoptive Acts, First Sched. not less than fourteen days notice shall be given. (4.) A parish meeting may discuss parish affairs and pass resolutions thereon. (5.) Every cjuestion to be decided by a parish meeting shall, in the first instance be decided by the majority of those present and voting on the question, and the chairman shall announce his decision as to the result, and that decision shall be final, unless a poll is demanded. (6.) A poll maybe demanded at any time before the conclusion of a parish meeting. (7.) A poll may be demanded by any one parochial elector in the case of a resolution respecting any of the following matters, namely :■ — (a.) Any application, representation, or complaint to a county council or district council ; (/'.) The appointment of a chairman for the year or of a committee, or the delegation of any powers or duties to a committee, or the approval of the acts of a committee ; {c.) The appointment of an overseer, the appointment or revocation of the appointment oniismissal of an assistant overseer or parish officer ; (d. ) The appointment of trustees or beneficiaries of a charity ; (e. ) The adoption of any of the adoptive Acts ; (/. ) The formation or dissolution of a school board ; {^.) The consent or refusal of consent to any act, matter, or thing which cannot by law be done without that consent ; (//.) The incurring of any expense or liability ; (z.) The place and time for the assembly of the parish meeting ; {k.) Any other prescribed matter ; but, save as aforesaid, a poll shall not be taken unless either the chairman of the meeting assents, or the poll is demanded Ijy parochial electors present at the meeting, not being less than five in number or one third of those present, whichever number is least. (8.) In case of an equal division of votes at a parish meeting the chairman shall have a second or casting vote. (9.) Where a parish meeting is held for the election of parish councillors, opportunity shall be given at the meeting for putting questions to such of the candidates as are present, and receiving explanations from them, and any candidate shall be entitled to attend the meeting and speak thereat, but, unless he is a parochial elector, not to vote. (10.) If the chairman of the parish meeting is absent from or unwilling or unable to take the chair at any assembly of the parish meeting, the meeting may appoint a person to take the chair, and that person shall have, for the purpose of that meeting, the powers and authority of the chairman. (11.) Any notice required to be given to or served on a parish meeting may be given to or served on the chairman of the parish meeting. Part Two. Rules applicable to Parish Councils. Sections. (i.) Every parish councillor shall, at the first meeting after his election, or if the council at the first meeting so permit, then at a later meeting fixed by the council, sign, in the presence of some member of the council, a declaration that he accepts the oftice, and if he does not sign such a declaration his office shall be void. (2.) If any casual vacancy arises in the council, the council shall forthwith be convened lor filling the vacancy. (3.) The first business at the annual meeting shall be to elect a chairman and appoint the overseers. (4. ) The chairman may at any time convene a meeting of the parish council. If the chairman refuses to convene a meeting of the council after a requisition for !•] 56 AND 57 VICT. CAP. -ji. 289 that purpose signed by two members of the council has been presented to him, any two members of the council may forthwith, on that refusal, convene a meeting. If the chairman (without so refusing) does not within seven days after such presentation, convene a meeting, any two members of the council may, on the expiration of those seven days, convene a meeting. (5.) Three clear days at least before any meeting of a parish council notice thereof, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by or on behalf of the chairman of the parish council or persons convening the meeting, shall be given to every member of the parish council, and in case of the annual meeting notice specifying the like particulars shall be given to every member of the parish council immediately after his election. (6.) Any notice required by law to be given to the chairman or any other member of the parish council may be left at or sent by post to the usual place of abode of such chairman or member. (7.) No business shall be transacted at any meeting of a parish council unless at least one-third of the full number of members are present thereat, subject to this qualification, that in no case shall the quorum be less than three. (8.) The names of the members present at any meeting of the parish council, as well as of those voting on each question on which a division is taken, shall be recorded, so as to show whether each vote given was for or against the question. (9.) Every question at a meeting of a parish council shall be decided by a majority of votes of the members present and voting on that question. (10.) In case of an equal division of votes the chairman of the meeting shall have a second or casting vote. (11.) The parish council may, if they think fit, appoint one of their number to be vice-chairman, and the vice-chairman shall, in the absence or during the inability of the chairman, have the powers and authority of the chairman. (12.) The proceedings of a parish council shall not be invalidated by any vacancy among their members, or by any defect in the election or qualification I >f any members thereof. (13.) A parish council shall hold not less than four meetings in each year, of which one shall be the annual meeting and every such meeting shall be open to the public unless the council otherwise direct. (14.) Every cheque or other order for payment of money by a parish council shall be signed by two members of the council. (15.) Any notice required to be given to or served on a parish council may be given to or served on the clerk to the parish council. (16.) The parish council may appear before any court or in any legal proceeding by their clerk or by any officer or member authorised generally or in respect of any special proceeding by resolution of the council, and their clerk or any member or officer shall, if so authorised, be at liberty to institute and carry on any proceeding which the parish council are authorised to institute and carry on. 56 & 57 Vict, c. 73. First Sched. Part Three. General. (i.) Minutes of the proceedings of every parish council and parish meeting shall Sections 2, 3. be kept in a book provided for that purpose. (2.) A minute of proceedings at a meeting of a parish council, or of a committee of a parish or district council, or at a parish meeting, signed at the same or the next ensuing meeting by a person describing himself as or appearing to be chairman of the meeting at which the minute is signed, shall be received in evidence without further proof. (3.) Until the contrary is proved, every meeting in 'respect of the proceedings whereof a minute has been so made shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly (|ualified ; and where the proceedings are proceedings of a committee, the T 290 LOCAL GOVERNMENT ACT, 1 894. [SCHED. 56 & 57 Vict, c- 73- First Sched. committee shall be deemed to have been duly constituted, and to have had power to deal with the matters referred to in the minutes. (4.) Any instrument purporting to be executed under the hands or under the hands and seals of the chairman and of two other members of a parish council or of a parish meeting shall, until the contrary is proved, be deemed to have been duly so executed. (5.) Subject to the provisions of this Act, a parish council may make, vary, and revoke standing orders for the regulation of their proceedings and business, and of the proceedings and business at parish meetings for a rural parish having a parish council. (6.) Where there is no council for a rural parish, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business. Section 56. Part Four. Proceedings of Committees of Parish or District Councils. (i.) The quorum, proceedings, and place of meeting of a Committee, whether within or without the parish or district, and the area (if any) within which the committee are to exercise their authority, shall be such as may be determined by regulations of the council or councils appointing the committee. (2.) Subject to such regulations, the quorum, proceedings, and place of meeting, whether within or without the parish or district, shall be such as the committee direct, and the chairman at any meeting of the Committee shall have a second or casting vote. Second Sched. Section 89. SECOND SCHEDULE. Enactments Repealed, Session and Chapter. Short Title. 54 Geo. 3. c. 91. Extent of Repeal. 58 Geo. 3. c. 69, 59 Geo. 3. c. 85. I & 2 Will. 4. c. 60. An Act to amend so much of an Act passed in the forty- third year of Her late Majesty Queen Elizabeth, as con- cerns the time for appointing overseers of the poor. The Vestries Act, 1818 The Vestries Act, 1819 The Vestries Act, 1831 The whole Act, so far as it relates to rural parishes. Sections one, two, three, and four, so far as they relate to parish meetings and parish councils under this Act. The whole Act, so far as it relates to parish meetings under this Act. The whole Act, so far as it relates to parish meetings under this Act, except section thirty-nine. 11.] 56 AND 57 VICT. CAP. 73. 291 Session and Chapter. Short Title. 4 & 5 Will. 4. c. 76. The Poor Law Amend- ment Act, 1834. 5 & 6 Will. 4. c. 50. 7 Will. 4. & I Vict. c. 45. 5 & 6 Vici. c. 57. 7 & 8 Vict. c. loi. The Highway Act, 1835- The Parish Notices Act, 1837. The Poor Law Amend- ment Act, 1842. The Poor Law Amend- ment Act, 1844. Extent of Repeal. In section thirty-eight, the words " and the said guardians shall " be elected by the ratepayers " and by such owners of pro- " perty in the parishes forming " such union as shall in manner " herein-after mentioned re- " quire to have their names " entered as entitled to vote as " owners in the books of such " parishes respectively "; and from " and also fix a qualifi- " cation " to "for the ensuing " year shall be chosen "; and from " and every justice of the " peace" to "as such elected " guardians ;" and from " Pro- " vided also " to the end of the section. Section thirty-nine, from " and " every justice" to the end of the section. In section forty, the words " In " all cases of the election of " guardians under this Act or." Section forty-one. Section forty-eight from " Pro- " vided always" to the end of the section, so far as the words repealed relate to the office of parish or district councillor or guardian. In section forty-eight, the words " with the consent in writing of " the justices of the peace at a "special sessions for the high- " ways " and the words " at and "for such price as the saiil "justices may deem fair and " reasonable." Section three, so far as it relates to notices by parish councils and notices of parish meetings under this Act. Section eight, section eleven, from "and in every case," to the end of the section, and section fifteen. Sections seventeen, twenty, antl twenty-four, and section sixty- fine from "and wherever any such collector" to " provisions (jf this Act." T 2 56 & 57 Vict. Second Sched. 292 LOCAL GOVERNMENT ACT, 1 894. [SCHED. Session and Chapter. Short Title. Extent of Repeal. 56 & 57 Vict. 13 --^ 14 Vict. c. 57. j The Vestries Act, 1850 c. 73- Second Sched. 14 & 15 Vict. c. 105. 16 & 17 Vict. c. 65. 18 & 19 Vict. c. 120. 19 & 20 Vict. c. 112. 23 & 24 Vict. c. 30. 25 & 26 Vict. c. 102. 25 & 26 Vict. c. 103. 30 & 31 Vict. c. 6. 30 & 31 Vict. c. 106. 31 ^; 32 Vict. c. 122. The Poor Law Amend- ment Act, 1 85 1. The Vestries Act, 1853 The Metropolis Manage ment Act, 1855. The Metropolis Manage ment Amendment Act, 1856. The Public Improve- ments Act, i860. The MetrojDolis Manage- ment Amendment Act, 1862. The Union Assess- ment Act, 1862. The Metropolitan Poor Act, 1867. The Poor Law Amend- ment Act, 1S67. The Poor Law Amend- ment Act, 1868. Sections six, seven, eight, and nine, so far as they relate to parish meetings under this Act. Section two and section three. The whole Act, so far as it relates to parish meetings under this Act. Section six. Sections thirteen to twenty-seven. In section thirty the words " or custom." Section fifty-four. In section two hundred and thirty-five the words " under this Act," where they secondly occur. Sections six, seven, and eight. In section four the words " in value." Section thirty-six ; and section forty from " by rating " to " of such parish." In section two, the words " con- " sisting partly of ex officio " and partly of elected guar- " dians," and from " Provided always " to the end of the section. In section five the words " ex officio or elected, "in both places where they occur, and the words, " as the case may be." Section seventy-nine. Sections four, five, six, and nine, section ten so far as it relates to elections of guardians, and section twelve. Section four, from " and the powers " to the end of the section. II.] 56 AND 57 VICT. CAP. Jl. 293 Session and Chapter. Short Title. 38 & 39 Vict. c. 55. The Public Health Act, 1875- 39 & 40 Vict. c. 61. 39 & 40 Vict. c. 79. The Divided Parishes and Poor Law Amend- ment Act, 1876. The Elementary Edu- cation Act, 1876. Extent of Repeal. 47 & 48 Vict. 70. & 49 Vict. c. 53. 55 cS: 56 Vict. c. 53. The Municipal Elec- tions (Corrupt and Illegal Practices) Act, 1884. The Public Health (Members and Officers) Act, 1885. The I'uIjHc Libraries, Act, 1892. Section eight, from " and the number " to the end of tht section. In section nine, from " Provided that (l) An ex officio guardian " to " situated in an urban district " (being the provisoes) ; and the words from " owners or occupiers of " property situated in the rural " district of a value sufficient to " qualify them as elective guar- " dians for a union," and from " Subject to the provisions of " this Act " to the end of the section. Section two hundred, except so far as it applies to boroughs ; sections two hundred and one and two hundred and four, section two hundred and forty-eight, except so far as it relates to overseers, and section three hundred and twelve. So much of Schedule I. as relates to committees, and Schedule II. Section six, from " The meeting of inhabitants " to the end of the section, so far as it relates to rural parishes. Section eight to " no alteration," except as to cases where a parish is dealt with by order of the Local Government Board. In section seven, the words " so " however that in the case of a *' committee appointed by " guardians one-third at least " shall consist of ex officio " guardians, if there are any " and sufficient ex officio " guardians." Section thirty-six, from "(//.) The Local Government Board " to " validity of any vote." Sections three and four. Sub-section three of section one. The First Schedule so far as it applies to rural parishes. 56 & 57 Vict. ';• 73- Second Sched. 294 INCORPORATED ENACTMENTS. [app. Appendix B. ENACTMENTS INCORPORATED WITH OR REFERRED TO IN THE Local Government Act, 1894. THE RAILWAY CLAUSES ACT, 1845. [S Vict. Ch. 20.] Company not to be entitled to minerals. Mines lying near the railway not to be «-orked if the company willing to purchase them. If company unwilling to purchase, owner may work the mines. Mining com- munication." Working of MiJies. Sect. TV. The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land purchased by them, except only such parts thereof as shall be necessary to be dug or carried away or used in the construction of the works, unless the same shall have been expressly purchased ; and all such mines, excepting as aforesaid, shall be deemed to be excepted out of the conveyance of such lands, unless they shall have been expressly named therein and conveyed thereby. Sect. 78. If the owner, lessee, or occupier of any mines or minerals, lying under the railway, or any of the works connected therewith, or within the prescribed distance, or, where no distance shall be prescribed, forty yards therefrom, be desirous of working the same, such owner, lessee, or occupier shall give to the company notice in writing of his intention so to do thirty days before the commencement of working ; and upon the receipt of such notice it shall be lawful for the company to cause such mines to be inspected by any person appointed by them for the purpose ; and if it appear to the company that the working of such mines or minerals is likely to damage the works of the railway, and if the company be willing to make compensation for such mines or any part thereof to such owner, lessee, or occupier thereof, then he shall not work or get the same ; and if the company, and such owner, lessee, or occupier, do not agree as to the amount of such compensation, the same shall be settled as in other cases of disputed compensation. Sect. 79. If before the expiration of such thirty days the company do not state their willingness to treat with such owner, lessee, or occupier for the payment of such compensation, it shall be lawful for him to work the said mines or any part thereof for which the company shall not have agreed to pay compensation, so that the same be done in a manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such mines in the district where the same shall be situate ; and if any damage or obstruction be occasioned to the railway or works by improper working of such mines, the same shall be forthwith repaired or removed, as the case may require, and such damage made good, by the owner, lessee, or occupier of such mines or minerals, and at his own expense ; and if such repair or removal be not forthwith done, or, if the company shall so think fit, without waiting for the same to be done by such owner, lessee, or occupier, it shall be lawful for the company to execute the same, and recover from such owner, lessee, or occupier the expense occasioned thereby, by action in any of the superior courts. Sect. 80. If the working of any such mines under the railway or works, or within the above-mentioned distance therefrom, be prevented as aforesaid by reason of apprehended injury to the railway, it shall be lawful for the respective owners, lessees, and occupiers of such mines, and whose mines shall extend so as to lie on both sides of the railway, to cut and make such and so many airways, B.] RAILWAY CLAUSES ACT, 1 845. 295 S Vict. c. 20, s. So. and also for any airway or other work made necessarj- by the railway. headways, gateways, or water levels through the mines, measures, or strata, the working whereof shall be so prevented, as may be requisite to enable them to ventilate, drain, and work their said mines, but no such airway, headway, gateway, or water level shall be of greater dimensions or section than the prescribed dimensions and sections, and where no dimensions shall be described not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the railway or works, or so as to injure the same, or to impede the passage thereon. Sect. 81. The company shall from time to time pay to the owner, lessee, or Company to occupier of any such mines extending so as to lie on both sides of the railway all pens^tion for such additional expenses and losses as shall be incurred by such owner, lessee, or injury done to occupier by reason of the severance of the lands lying over such mines by the mines; railway, or of the continuous working of such mines being interrupted as afore- said, or by reason of the same being worked in such manner, and under such restrictions as not to prejudice or injure the railway, and for any minerals not purchased by the company which cannot be obtamed by reason of making and maintaining the railway ; and if any dispute or question shall arise between the company and such owner, lessee, or occupier as aforesaid, touching the amount of such losses or expenses, the same shall be settled by arbitration. Sect. 82. If any loss or damage be sustained by the owner or occupier of the lands lying over any such mines the working whereof shall have been so prevented as aforesaid (and not being the owner, lessee, or occupier of such mines), by reason of the making of any such airway or other work as aforesaid, which or any like work would not have been necessary to be made but for the working of such mines having been so prevented as aforesaid, the company .shall make full compensation to such owner or occupier of the surface lands for the loss or damage so sustained by him. Sect. 83. For better ascertaining whether any such mines are being worked ^°^''^^ to or have been worked so as to damage the railway or works, it shall be lawful for enter and inspect the company, after giving twenty-four hours notice in writing, to enter upon any the working lands through or near which the railway passes wherein any such mines are being of mines. worked or are supposed so to be, and to enter into and return from any such mines or the works connected therewith ; and for that purpose it shall be lawful for them to make use of any apparatus or machinery belonging to the owner, lessee, or occupier of such mines, and to use all necessary means for discovering the distance from the railway to the parts of such mines which are being worked or about so to be. Sect, 84. If any such owner, lessee, or occupier of any such mine shall Ptn.-ilty for refuse to allow any person appointed by the company for that purpose to enter refusal to into and inspect any such mines or works in manner aforesaid, every person so "ispect. offending shall for every such refusal forfeit to the company a sum not exceeding twenty pounds. Sect. 85. If it appear that any such mines have been worked contrary to the .If mines provisions of this or the special Act, the company may, if they think fit, give ""properly notice to the owner, lessee, or occupier thereof to construct such works and to company may adopt such means as may be necessary or proper for making safe the railway, and require means preventing injury thereto; and if after such notice any such owner, lessee, or to be adopted occupier do not forthwith proceed to construct the works necessary for making safe the ratlway!^ ° the railway, the company may themselves construct such works, and recover the expense thereof from such owner, lessee, or occupier by action in any of the superior courts. 32 & 33 Vict, c. 41. 296 INCORPORATED ENACTMENTS. [APP. THE POOR RATE ASSESSMENT AND COLLECTION ACT, 1869. [32 & 3s Vict. Ch. 41.] Owners may agree to pay the rate, and be allowed a commission. Vestries may order the owner to be rated instead of the occupier. Sect. 3. In case the rateable value of any hereditament does not exceed twenty pounds, if the hereditament is situate in the metropolis, or thirteen pounds if situate in any parish wholly or partly within the borough of Liverpool, or ten pounds if situate in any parish wholly or partly within the city of Manchester or the borough of Birmingham, or eight pounds if situate elsewhere, and the owner of such hereditament is willing to enter into an agreement in writing with the overseers to become liable to them for the poor rates assessed in respect of such hereditament, for any term not being less than one year from the date of such agreement, and to pay the poor rates w^hether the hereditament is occupied or not, the overseers may, subject nevertheless to the control of the vestry, agree with the owner to receive the rates from him, and to allow to him a commission not exceeding twenty-five per cent, on the amount thereof. Sect. 4. The vestry of any parish may from time to time order that the owners of all rateable hereditaments to which section three of this Act extends, situate within such parish, shall be rated to the poor rate m respect of such rateable hereditaments, instead of the occupiers, on all rates made after the date of such order ; and thereupon and so long as such order shall be in force the following enactments shall have effect : 1. The overseers shall rate the owners instead of the occupiers, and shall allow to them an abatement or deduction of fifteen per centum from the amount of the rate : 2. If the owner of one or more such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term not being less than one year in respect of all such rateable hereditaments of which he is the owner, whether the same be occupied or not, the overseers shall rate such owner accordingly, and allow to him a further abatement or deduction not exceeding fifteen per centum from the amount of the rate during the time he is so rated : 3. The vestry may by resolution rescind any such order after a day to be fixed by them, such day being not less than six months after the passing of such resolution, but the order shall continue in force with respect to all rates made before the date on which the resolution takes effect : Provided that this clause shall not be applicable to any rateable hereditament in which a dwelling house shall not be included. 35 & 36 Vict. C- 33- THE BALLOT ACT, 1872. [35 &^ 36 Vict. Ch. 33.] * An Act to ainetid the Law relatini:;; to Procedure at Parliamentary and Municipal Elections. [i^th fuiy, 1872.] WHEREAS it is expedient to amend the law relating to procedure at parliamentary and municipal elections : Be it enacted by the Queen's Most Excellent Majesty, by and with the advice ^ The provisions of this Act which are reprinted here are those provisions which are unrepealed and which apply to municipal elections in England and Wales. B-] THE BALLOT ACT, 1 8/: 297 and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : .•t 36 Vict. c- 33- parliamentary elections. Part I. Parliamentary Elections. Procedure at Elections. SeCit. 1. A candidate for election to serve in Parliament for a county or Nomination of borough shall be nominated in writing. The writing shall be subscribed by two ^^"'|!,'^'"/|i','^ registered electors of such county or borough as proposer and seconder, and by eight other registered electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to the returning officer by the candidate himself, or his proposer or seconder. If at the expiration of one hour after the time appointed for the election no more candidates stand nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the candidates who may stand nominated to be elected, and return their names to the Clerk of the Crown in Chancery ; but if at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this Act mentioned. A candidate may, during the time appointed for the election, but not afterwards, withdraw from his candidature by giving a notice to that effect, signed by him, to the returning officer : Provided, that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written notice signed by him and delivered to the returning officer, together with a written declaration of such absence of the candidate. If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, countermand notice of the poll, and all the proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been received by the returning officer on the day on which proof was given to him of such death ; provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll. Sect. 2. In the case of a poll at an election the votes shall be given by ballot. Poll at elections. The ballot of each voter .shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates. Each ballot jiaper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. At the time of voting, the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of voters shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote, shall place it in a closed bo.x in the presence of the officer presiding at the polling station (in this Act called " the presiding officer ") after having shown to him the official mark at the back. Any ballot paper which has not on its back the official mark, or on which votes are given to more candidates than the voter is entitled to vote for, or on which anything, except the said number on the back, is written or marked by which the voter can be identified, shall be void and not counted. After the close of the poll the ballot boxes shall be sealed up, so as to ])revent the introduction of additional ballot papers, and shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by counting the votes given to each candidate, and shall forthwith declare to be elected the candidates or candidate to whom the majority 298 INCORPORATED ENACT^IENTS. [APP. 35 & 36 Vict. C. 33, S. 2. of votes have been given, and return their names to the Clerk of the Crown in Chancery. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, subject to reversal on petition questioning the election or return. Where an equality of votes is found to exist between any candidates at an election for a county or borough, and the addition of a vote would entitle any of such candidates to be declared elected, the returning officer, if a registered elector of such county or borough, may give such additional vote, but shall not in any other case be entitled to vote at an election for which he is returning officer. Ofl'eiices in respect of nomination papers, ballot papers, and ballot boxes. Infringement of secrecy. Offences at Elections. Sect. 3. Every person who, — (l.) Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper, knowing the same to be forged ; or (2.) Forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper ; or (3.) Without due authority supplies any ballot paper to any person ; or (4.) Fraudulently puts into any ballot box any paper other than the liallot paper which he is authorised by law to put in ; or (5.) Fraudulently takes out of the polling station any ballot paper ; or (6.) Without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election ; shall be guilty of a misdemeanour, and be liable, if he is a returning officer or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable. In any indictment or other prosecution for an oftence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be stated to be in the returning officer at such election, as w'ell as the property in the counterfoils. Sect. 4. Every officer, clerk, and agent in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the register of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station information as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at such station. Every officer, clerk, and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any information obtained at such countmg as to the candidate for w^hom any vote is given in any particular ballot B.] THE BALLOT ACT, 18/2. 299 paper. No person shall directly or indirectly induce any voter to display his 35 & 36 Vict. ballot paper after he shall have marked the same, so as to make known to any '^' ^_l^' *' person the name of the candidate for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to imprisonment for any term not exceding six months with or without hard labour. Sect. 6. The returning officer at a parliamentary election may use, free of Use of school charge, for the purpose of taking the poll at such election, any room in a school ^"d public room receiving a grant out of moneys provided by Parliament, and any room the expense P° of maintaining which is payable out of any local rate, but he shall make good any damage done to such room, and defray any expenses incurred by the person or body of persons, corporate or unincorporate, having control over the same on account of its being used for the purpose of taking the poll as aforesaid. The use of any room in an unoccupied house for the purpose of taking the poll shall not render any person liable to be rated or to pay any rate for such house. Duties of Returning mid Election Officers. Sect. 8. Subject to the provisions of this Act, every returning officer shall General powers provide such nomination papers, polling stations, ballot boxes, ballot papers, ^nd duties of stamping instruments, copies of register of voters, and other things, appoint and ■'^'"■■"'"K officer, pay such officers, and do such other acts and things as may be necessary for effectually conducting an election in manner provided by this Act. A,ll expenses properly incurred by any returning officer in carrying into effect the provisions of this Act in the case of any parliamentary election, shall be payable in the same manner as expenses incurred in the erection of polling booths at such election are by law payable. Where the sheriff is returning officer for more than one county as defined for the purposes of parliamentary elections, he may, without prejudice to any other power, by writing under his hand, appoint a fit person to be his deputy for all or any of the purposes relating to an election in any such county, and may, by himself or such deputy, exercise any powers and do any things which the returning officer is authorised or required to exercise or do in relation to such election. Every such deputy, and also any under sheriff", shall, in so far as he acts as returning officer, be deemed to be included in the term returning officer in the provisions of this Act relating to parliamentary elections, and the enactments with which this part of this Act is to be construed as one. Sect. 9. If any person misconducts himself in the polling station, or fails to . obey the lawful orders of the presiding officer, he may immediately, l)y order of in^s^tat?on° *"' " the presiding officer, l^e removed from the polling station Ijy any constalilc in in- near that station, or any other person authorised in writing by the returning officer to remove him ; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day. Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until he can be brought before a justice of the peace. Provided that the powers conferred by this section shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an ojiportunity of voting at such station. ?00 INCORPORATED ENACTMENTS. [app. 35 & 36 Vict, c. 33, s. 10. Powers of presiding officer and administra- tion of oaths, &c. Sect. 10. For the purpose of the adjournment of the poll, and of every other enactment relating to the poll, a presiding officer shall have the power by law lielonging to a deputy returning officer ; and any presiding officer and any clerk appointed by the returning officer to attend at a polling station shall have the ])ower of asking the questions and administering the oath authorised by law to be asked of and administered to voters, and any justice of the peace and any returning officer may take and receive any declaration authorised by this Act to be taken before him. Liability of officers for misconduct. 30 & 31 Vict. c. 102. Sect. 11. Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission a penal sum not exceeding one hundred pounds. Section fifty of the Representation of the People Act, 1867 (which relates to the acting of any returning officer, or his partner, or clerk, as agent for a candidate), shall apply to any returning officer or officer appointed by him in pursuance of this Act, and to his partner or clerk. Mtscellafieous. Prohibition of disclosure of vote. Sect. 12. No person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state for whom he has voted. Non-compliance with rules. Sect. 13. No election shall be delared invalid by reason of a non-compliance with the rules contained in the First Schedule to this Act, or any mistake in the use of the forms in the Second Schedule to this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election. Sect. 14. Where a parliamentary borough and municipal borough occupy the ballot boxes, &c., whole or any part of the same area, any ballot boxes or fittings for polling stations for parliamentar>' and compartments provided for such parliamentary borough, or such municipal election and borough, may be used in any municipal or parliamentary election in such borough free of charge, and any damage other than reasonable wear and tear caused to the same shall be paid as part of the expenses of the election at which they are so used. Use of municipal vice versa. Construction of Act. Sect. 15. This part of this Act shall, so far as is consistent with the tenor thereof, be construed as one with the enactments for the time being in force relating to the representation of the people, and to the registration of persons entitled to vote at the election of members to serve in Parliament, and with any enactments otherwise relating to the subject matter of this part of this Act, and terms used in this part of this Act shall have the same meaning as in the said enactments ; and in construing the said enactments relating to an election or to the poll or taking the votes by poll, the mode of election and of taking the poll ■ established by this Act shall for the purposes of the said enactments be deemed to be substituted for the mode of election or poll, or taking the votes by poll, referred to in the said enactments ; and any person applying for a ballot paper under this Act shall be deemed " to tender his vote," or "to assume to vote," within the meaning of the said enactments ; and any application for a ballot paper under this Act, or expressions relative thereto, shall be equivalent to "voting" in the said enactments and any expressions relative thereto ; and the term " polling booth " as used in the said enactments shall be deemed to include a polling B.] THE BALLOT ACT, 18/2. 301 station ; and the term " proclamation " as used in the said enactments shall be deemed to include a public notice given in pursuance of this Act. 35 & 36 Vict. C-33. s. 15- Part III. Personation. Sect. 24. The following enactments shall be made with respect to personation Deiinition and at parliamentary and municipal elections : punishment of A person shall for all purposes of the laws relating to parliamentary and P^""^"^"^"""- municipal elections be deemed to be guilty of the offence of personation who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name. It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, together with com- pensation for their trouble and loss of time, shall be allowed by the court in the same manner in which courts are empowered to allow the same in cases of felony. The provisions of the Registration Acts, specified in the Third Schedule to this Act, shall in England and Ireland respectively apply to personation under this Act in the same manner as they apply to a person who knowingly personates and falsely assumes to vote in the name of another person as mentioned in the said Acts. Sect. 25. Where a candidate, on the trial of an election petition claiming Vote to be struck the seat for any person, is proved to have been guilty, by himself or by any person off for bribery, on his behalf, of bribery, treating, or undue influence in respect of any person who tre.-iting, or voted at such election, or where any person retained or employed for reward by or ""^"^ influence, on behalf of such candidate for all or any of the purposes of such election, as agent, clerk, messenger, or in any other employment, is proved on such trial to have voted at such election, there shall, on a scrutiny, be struck off from the number of votes appearing to have been given to such candidate one vote for every person who voted at such election and is proved to have been so bribed, treated, or unduly influenced, or so retained or employed for reward as aforesaid. Part IV. Miscellaneous. Sect. 28. The schedules to this Act, and the notes thereto, and directions therein, shall be construed and have effect as part of this Act. Sect. 29. In this Act — The expression "municipal borough" means any place lor the time being subject to the Municipal Corporation Acts, or any of them : The expression " Municipal Corporation Acts" means — (a.) As regards England, the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chajHer seventy-six, intituled "An ''Act to provide for the regulation of municipal corporations in England " and Wales," and the Acts amending the same. Effect of schedules. Definitions. " Municipal borough :" " Municipal Corporation Acts :" 302 INCORPORATED ENACTMENTS. [APP. 35 & 36 Vict. The expression " municipal election " means — c. 3 3i s- 29. 1^^-^ ^g regards England, an election ot any person to serve the office of councillor, auditor, or assessor of any municipal borough, or of councillor for a ward of a municipal borough. ♦ ****«* Short title. Sect. 33. This Act may be cited as The^ Ballot Act, 1872, and shall continue in force till the thirty-first day of Uecember, one thousand eight hundred and eighty, and no longer, unless Parliament shall otherwise determine ; and on the said day the Acts in the fourth, fifth, and sixth schedules shall be thereupon revived ; provided that such revival shall not affect any act done, any rights acquired, any liability or penalty incurred, or any proceeding pending under this Act, but such proceeding shall be carried on as if this Act had continued in force. Schedules. FIRST SCHEDULE. Part I. Rules for Parliamentary Elections. ■)f ***** * TAe Poll. 14. The poll shall take place on such day as the returning officer may appoint, not being in the case of an election for a county or a district borough less than two nor more than six clear days, and not being in the case of an election for a borough other than a district borough more than three clear days after the day fixed for the election. 15. At every polling place the returning officer shall provide a sufficient number of polling stations for the accommodation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those electors in such manner as he thinks most convenient, provided that in a district borough there shall be at least one polling station at each contributory place of such borough. ******* 17. A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth. 18. No person shall be admitted to vote at any polling station except the one allotted to him. ******* 20. The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of voters, or such part thereof as contains the names of the voters allotted to vote at such station. He shall keep the official mark secret, and an mterval of not less than seven years shall intervene between the use of the same official mark at elections for the same county or borough. 21. The returning officer shall appoint a presiding officer to preside at each station, and the officer so appointed shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the constables on duty. 22. Every ballot paper shall contain a list of the candidates, described as in their respective nomination papers, and arranged alphabetically in the order of their surnames, and (if there are two or more candidates with the same surname) of their other names : it shall be in the form set forth in the Second Schedule to this Act or as near thereto as circumstances admit, and shall be capable of being folded up. B.] THE BALLOT ACT, 1 872. 303 23. Every ballot box shall be so constructed that the ballot papers can be 35 & 36 Vict, introduced therein, but cannot be withdrawn therefrom, without the box being '^■_33^ unlocked. The presiding officer at any polling station, just before the commence- First Sched. ment of the poll, shall show the ballot box empty to such persons, if any, as may be present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed. 24. Immediately before a ballot paper is delivered to an elector, it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and description of the elector as stated in the copy of the register shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received. 25. The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box ; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box. 26. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner prescribed by this Act or (if the poll be taken on Saturday) of any voter who declares that he is of the Jewish persuasion, and objects on religious grounds to vote in manner prescribed by this Act, or of any voter who makes such a declaration as herein-after mentioned that he is unable to read shall, in the presence of the agents of the candidates, cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the register of voters of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list, in this Act called " the list of votes marked by the presiding officer." The said declaration, in this Act referred to as " the declaration of inability to read," shall be made by the voter at the time of polling, before the presiding officer, who shall attest it in the form herein-after mentioned, and no fee, stamp, or other payment shall be charged in respect of such declaration, and the said declaration shall be given to the presiding officer at the time of voting. 27. It a person, representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall upon duly answering the questions and taking the oath permitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate packet, and shall not be counted by the returning officer. And the name of the voter and his number on the register shall be entered on a list, in this Act called the tendered votes list. 28. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the ]:>residing officer, obtain another ballot paper in the place of the ballot paper so delivered up (in this Act called a spoilt ballot paper), and the spoilt ballot pajjer shall l)c immediately cancelled. 29. The presiding officer of each station, as soon as practicable after the close of the poll, shall, in the presence of the agents of the candidates, make up into separate packets sealed with his own seal and the seals of such agents of the candidates as desire to affix their seals, — 304 INCORPORATED ENACTMENTS. [APP. 35 & 36 Vict. (i,) Each ballot box in use at his station, unopened but with the key attached ; c. 33' and P'irst Sched. (2.) The unused and spoilt ballot papers, placed together ; and (3.) The tendered ballot papers ; and (4.) The marked copies of the register of voters, and the counterfoils of tlie ballot papers ; and (5.) The tendered votes list, and the list of votes marked by the presiding oflicer, and a statement of the number of the voters whose votes are so marked by the presiding officer under the heads "physical incapacity," "Jews," and "unable to read," and the declarations of inability to read ; and shall deliver such packets to the returning officer. 30. The packets shall be accompanied by a statement made by such presiding officer, showing the number of ballot papers entrusted to him, and accounting fcr them under the heads of ballot papers in the ballot box, unused, spoilt, and tenderetl ballot papers, which statement is in this Act referred to as the ballot paper account. Counting Votes. 31. The candidates may respectively appoint agents to attend the counting of the votes. 32. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates as soon as practicable after the close of the poll, and shall give to the agents of the candidates appointed to attend at the counting of the votes notice in writing of the time ancl place at which he will begin to count the same. 33. The returning officer, his assistants and clerks, and the agents of the candidates, and no other person, except with the sanction of the returning officer, may be present at the counting of the votes. 34. Before the returning officer proceeds to count the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such papers. 35. The returning officer shall, so far as practicable, proceed continuously with counting the x'otes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otherwise take proper precautions for the security of such papers and documents. 36. The returning officer shall endorse "rejected" on any ballot paper which he may reject as invalid, and shall add to the endorsement "rejection objected to," if an objection be in fact made by any agent to his decision. The returning officer shall report to the Clerk of the Crown in Chancery the number of ballot papers rejected and not counted by him under the several heads of — • 1. Want of official mark ; 2. Voting for more candidates than entitled to ; 3. Writing or mark by which voter could be identified ; 4. Unmarked or void for uncertainty ; and shall on request allow any agents of the candidates, befere such report is sent, to copy it. 37. Upon the completion of the counting, the returning officer shall seal up in B.] THE BALLOT ACT, 1 872. 305 separate packets the counted and rejected ballot papers. He shall not open the 35 & 36^ Vict, sealed packet of tendered ballot papers or marked copy of the register of voters ^""" and counterfoils, but shall proceed, in the presence of the agents of the candidates. First Sched. to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. The returning officer shall report to the Clerk of the Crown in Chancery the result of such verification, and shall, on request, allow any agents of the candidates, before such report is sent, to copy it. 38. Lastly, the returning officer shall forward to the Clerk of the Crown in Chancery (in manner in which the poll books are by any existing enactment required to be forwarded to such clerk, or as near thereto as circumstances admit) all the packets of ballot papers in his possession, together with the said reports, the ballot paper accounts, tendered votes lists, lists of votes marked by the presiding officer, statements relating thereto, declarations of inability to read, and packets of counterfoils, and marked copies of registers, sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the county or borough for which such election was held ; and the term poll book in any such enactment shall be construed to include any document forwarded in pursuance of this rule. 39. The Clerk of the Crown shall retain for a year all documents relating to an election forwarded to him in pursuance of this Act by a returning officer, and then, unless otherwise directed by an order of the House of Commons, or of one of Her Majesty's Superior Courts, shall cause them to be destroyed. 40. No person shall be allowed to inspect any rejected ballot papers in the custody of the Clerk of the Crown in Chancery, except under the order of the House of Commons or under the order of one of Her Majesty's Superior Courts, to be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order for the inspection or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the House or court making the same may think expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Any power given to a court by this rule may be exercised by any judge of such court at chambers. 41. No person shall, except by order of the House of Commons or any tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Crown in Chancery ; such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the House or tribunal making the order may think expedient ; provided that on making and carrying into effect any such order, care shall be taken that the mode in which any particular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid. 42. All documents forwarded by a returning officer in pursuance of this Act to the Clerk of the Crown in Chancery, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed by the Clerk of the Crown in Chancery, with the consent of the .Speaker of the House of Commons, and the Clerk of the Crown shall supply copies of or extracts from the said flocuments to any person demanding the same, on payment ot such fees and subject to such regulations as may be sanctioned by the Treasury. 43. Where an order is made for the production by the Clerk of the Crown in Chancery of any document in his possessif)n relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as V 306 INCORPORATED ENACTMENTS. [APP. 35 & 36 Vict jj-jjjy ijg directed by such order, or by a rule of the court having power to make J_^' such order, shall be conclusive evidence that such document relates to the specified First bched. election ; and any endorsement appearing on any packet of ballot papers produced by such Clerk of the Crown or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be prima facie evidence that the person who voted by such ballot paper was the person who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counterfoil. ******* General Provisions. 45. The returning officer shall, as soon as possible, give public notice of the names of the candidates elected, and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not. 46. Where the returning officer is required or authorised by this Act to give any public notice, he shall carry such requirement into effect by advertisements, placards, handbills, or such other means as he thinks best calculated to afford information to the electors. 47. The returning officer may, if he think fit, preside at any polling station, and the provisions ot this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer. 48. In the case of a contested election for any county or borough, the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes. 49. No person shall be appointed by a returning officer for the purposes of an election who has been employed by any other person in or about the election. 50. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorised to do by this Act at a polling station except ordering the arrest, exclusion, or ejection from the polling station of any person. 51. A candidate may himself undertake the duties which any agent of his if appointed might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may, in pursuance of this Act, attend. 52. The name and address of every agent of a candidate appointed to attend the counting of the votes shall be transmitted to the returning officer one clear day at the least before the opening of the poll ; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been so transmitted, notwithstanding that his appointment may be other- wise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address. 53. If any person appointed an agent by a candidate for the purposes of attending at the polling station or at the counting ot the votes dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed. 54. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy, in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace or of the returning officer ; but no such returning officer, officer, clerk, or agent as aforesaid shall, save as aforesaid, be required, as such, to make any declaration or take any oath on the occasion of any election. B.] THE BALLOT ACT, 1 8/2. 307 55. Where in this Act any expressions are used requiring or authorising or 35 & 36 Vici. inferring that any act or thing is to be clone in the presence of the agents of the c^^. candidates, such expressions shall be deemed to refer to the presence of such First Sched. agents of the candidates as may be authorised to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done. 56. In reckoning time for the purposes of this Act, Sunday, Christmas day, Good Friday, and any day set apart for a public fast or public thanksgiving, shall be excluded ; and where anything is required by this Act to be done on any day which falls on the above-mentioned days such thing may be done on the next day, unless it is one of the days excluded as above-mentioned. 57. In this Act — ***** The expression " agents of the candidates," used in relation to a polling station, means agents appointed in pursuance of section eighty-five of the Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter eighteen. Part 1 1. Rules for Municipal Elections. 64. In the application of the provisions of this schedule to municipal elections the following modifications shall be made :— (a.) The expression " register of voters" means the burgess roll of the burgesses of the borough, or, in the case of an election for the ward of a borough, the ward list ; and the mayor shall provide true copies of such register for each polling station ; .(/'.) All ballot papers and other documents which, in the case of a parliamentary election, are forwarded to the Clerk of the Crown in Chancery shall be delivered to the town clerk of the municipal borough in which the election is held, and shall be kept by him among the records of the borough ; and the provisions of part one of this schedule with respect to the inspection, production, and destruction of such ballot papers and documents, and to the copies of such documents, shall apply respectively to the ballot papers and documents so in the custody of the town clerk, with these modifications ; namely, (a.) An order of the county court having jurisdiction in the borough, or any part thereof, or of any tribunal in which a munici]:>al elect ion is questioned shall be substituted for an order of the House of Commons, or of one of Her Majesty's Su[)erior Courts; but an appeal from such county court may be had in like manner as in other cases in such county court ; (/;. ) The regulations for the inspection of documents and the fees for the supply of copies of documents of which copies are directed to be supplied, shall be prescribed by the council of the borough with the consent of one of Her Majesty's rrincijjal Secretaries of State ; and, subject as aforesaid, the town clerk, in respect of the custody and destruction of the ballot papers and other documents coming into his possession in ]iursuance of this Act, shall be subject to the directions of the council of the borough ; {c.) Nothing in this schedule with respect to the day of the poll shall apply to a municipal election. 3o8 35 & 36 Vict, c- 33- Second Sched INCORPOKATED ENACTMENTS. SECOND SCHEDULE. [APP. Note. — The forms contained in this schedule, or forms as nearly resembling the same as circumstances will admit, shall be used in all cases to which they refer and are applicable, and when so used shall be sufficient in law. Form of Nomination Paper in Parliamentary Elections. We, the undersigned A.B. of in the of _ and CD. of in the of , being electors for the of , do hereby nominate the following person as a proj^er person to serve as member for the said in Parliament : Surname. Other Names. Abode. Rank, Profession, or Occupation. BROWN John 52, George St., Bristol. Merchant. JONES 07- William David High Elms, Wilts. ... Esquire. MERTON or Hon. George Travis, commonly called Vis- count. Swanworth, Berks. ... Viscount. SMITH or Henry Sydney 72, High St., Bath... Attorney. (Signed) A.B. CD. We, the undersigned, being registered electors of the , do hereby assent to the nomination of the above-mentioned lohn Brotim as a proper person to serve as member for the said (Signed) in Parliament. E.F. of G.H. of /./. of K.L. of M.N. of O.P. of Q.K. of S. T. of H^ote. — Where a candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it were his surname. Form of Nomination Paper in Municipal Election. Note. — The form of nomination paper in a municipal election shall as nearly as circumstances admit be the same as in the case of a parliamentary election. B.] THE BALLOT ACT, 1 872. Form of Ballot Paper. Form of Front of Ballot Paper. 309 Counterfoil No. BROWN (John Brown, of 52, George St., Bristol, merchant. ) JONES (William David Jones, of High . Wilts., Esq.) Elms, ■Note: The counter- J'oil is to ha'i'c a .number to corrc- , spond ivith that .on the back of the , £alh)t Pap(t7 . MBRTON (Hon. George Travis, commonly called Viscount Merton, of Swanworth, Berks. ) SMITH (Henry Sydney Smith, of 72, High St. IJath, attorney.) Form of Back of Ballot Paper. No. Election for 18 county \or borough, or ward]. Note.— 'Y\\Q number on the ballot paper is to correspond with that in the counterfoil. Directio}is as to printing Ballot Paper. Nothing is to be printed on the ballot paper except in accordance with this schedule. The surname of each candidate, and if there are two or more candidates of the same surname, dso the other names of such candidates, shall be printed in large characters, as shown in the form, and the names, addresses, and descriptions, and the number on the back of the paper, shall be printed in small characters. Form oj Directions for the Guidance of the Voter in voting, which shall be printed in cofispicuous Characters, and placarded outside every Polling Station and in every Compartment of every Polling Station. The voter may vote for candidate . The voter will go into one of the compartments, and, with the pencil provided in the compartment, place a cross on the right-hand side, opposite the name of each candidate for whom he votes, thus X The voter will then fold up the ballot pajier so as to show the official mark on the back, and leavmg the compartment will, without showing the front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box, and forthwith quit the polling station. If the voter inadvertently spoils a Imllot ]xapcr, he can return il to the (Mficer, who will, if satisfied of such inadvertence, give hnn another i)aper. 35 & 36 Vict, c- 33- Second Sched. 3IO INCORPORATED ENACTMENTS. [app. 3^ -^!7"^'' If t^^ voter votes for more than candidate , or places any mark ort I:!!' the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted. It the voter takes a ballot paper out of the polling station, or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examples of the ballot paper. Form of Statutory Declaration of Secrecy. I solemnly promise and declare, That I will not at this election for do anything forbidden by section four of The Ballot Act, 1872, which has been read to me. A^otc. — The section must be read to the declarant by the person taking the declaration. Form of Declaration of inability to read. I, A.B., of , being numbered on the Register of Voters for the county [(?;- borough] of , do hereby declare that I am unable to read. A.B., his mark, day of I, the undersigned, being the Presiding officer for the polling, station for the county \or borough] of , do hereby certify, that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with his mark. Signed, CD., Presiding officer for polling station^ for the county \_or borough] of day of THIRD SCHEDULE. Provisions of Registration Acts i-eferred to in Part III. of the foregoing Act. Session and Chapter. 6 & 7 Vict. c. 18 Title. Part applied. As to England. An Act to amend the law for the registration of persons entitled to vote, and to define certain rights of voting, and to regu- late certain proceedings in the elections of members to serve in Parliament for England and Wales. Sections eighty-five to eighty-nine, both in- clusive. B.] ill THE PUBLIC HEALTH ACT, 1875. I38 & 39 Vict. Ch. 55.] PART 11. AUTHORITIES FOR EXECUTION OF ACT. Constitution of Districts and Authorities. Sect. 9. The area of any union which is not coincident in area with an urljan district, nor wholly incUided in an urban district (in this section called a rural union), with the exception of those portions (if any) of the area which are included in any urban district, shall be a rural district, and the guardians of the union shall fonn the rural authority of such district : Provided that — WTiere the number of elective guardians who are not by this section disqualified from acting and voting as members of the rural authority is less than five, the Local Government Board may from time to time by order nominate such number of persons as may be necessary to make up that number, and the persons so nominated shall be entitled to act and vote as members of the rural authority, but not further or otherwise. 38 & 39 Vict. c- 55- Description of rural districts and rural authorities. PART IV. LOCAL GOVERNMENT PROVISIONS. Highways and Streets. As to Highways. Sect, 144. Every urban authority shall within their district exclusively of any (ilher person execute the office of and l)e surveyor of highways, and have exercise and lie subject to all the powers, authorities, duties and liabilities of surveyors of highways under the law for the time being in force, save so far as such powers, authorities or duties are or may be inconsistent with the provisions of this Act ; every urban authority shall also have exercise and be subject to all the powers, authorities, duties and liabilities which by the Highway Act, 1835, or any Act amending the same, are vested in and given to the inhabitants in vestry assembled of any parish within their district. All ministerial acts required by any Act of Parliament to be done by or to the surveyor of highways may be done by or to the surveyor of the urban authority, or by or to such other person as they may appoint. Sect. 145. The inhabitants within any urban district shall not in rcsi)ect of any jiroperty situated therein be liable to the payment of highway rate or other payment, not being a toll, in respect of making or repairing roads or highways without such district : Provided, that any person who in any place after the passing of this Act ceases under or by virtue of any provision of this Act, or of any order made thereunder, to be surveyor of highways within such place, may recover any highway rate made in respect of such place, and remaining unpaid at the time of his so ceasing to be such surveyor, as if he had not ceased to be such surveyor ; and the money so recovered shall be applied, in the first place, in reimbursing himself any expenses incurred by him as such surveyor, and in discharging any debts legally owing by him on account of the highways within his jurisdiction ; and the surjihis (if any) shall be paid by him to the treasurer of the urban authority, and carried to the fund or rate applicable to the repair of highways within their district. Powers of sur- veyors of high- ways and of vestries under S&6\VilI. ly. c. 50, vested in urban authority. Inhabitants of urban district not liable to rates for roads without district. 312 INCORPORATED ENACTMENTS. fAPF, 38 & 39 Vict. c. 55, s. 146. Power of urban authority to agree as to making of new- public roads. Power of urban authority to con- struct or adopt public bridges, &c., over or under canals, (S:c. Power of urban authority to enter into agree- ments with turn- pike trustees as to repair, &c., of roads. Sect. 146. Any urban authority may agree with any person for the making of roads within their district for the public use through the lands and at the expense of such person, and may agree that such roads shall become and the same shall accordingly become on completion highways maintainable and repairable by the inhabitants at large within their district ; they may also, with the consent of two- thirds of their number, agree with such person to pay, and may accordingly pay, any portion of the expenses of making such roads. Sect. 147. Any urban authority may agree with the proprietors of any canal, railway or tramway to adopt and maintain any existing or projected bridge, viaduct or arch within their district, over or under any such canal, railway or tramway, and the approaches thereto, and may accordingly adopt and maintain such bridge, viaduct or arch and approaches as parts of public streets or roads maintainable and repairable by the inhabitants at large within their district : or such authority may themselves agree to construct any such bridge, viaduct or arch at the expense of such proprietors ; they may also, with the consent of two-thirds of their number, agree to pay, and may accordingly pay, any portion of the expenses of the construction or alteration of any such bridge, viaduct or arch, or of the purchase of any adjoining land> required for the foundation and support thereof, or for the approaches thereto. Sect. 148. Any urban authority may by agreement with the trustees of any turnpike road, or with any person liable to repair any street or road, or any part thereof, or with the surveyor of any county bridge, take on themselves the main- tenance, repair, cleansing or watering of any such street or road or any part thereof, or of any road over any county bridge, and the approaches thereto, or of any part of the said streets or roads within their district, and may remove any turn- pike gates, toll gates or bars which may be situated within their district, and may erect other turnpike gates, toll gates, or bars in lieu thereof, on such terms as the urban authority and such trustees or person or surveyor as aforesaid may agree on : Provided — That where any mortgage debt is charged on the tolls cf any such turnpike road, no agreement shall be made for the removal of any of the toll gates or bars thereon, unless with the previous consent in writing of a majority of at least two-thirds in value of the mortgagees ; and That where the terms arranged include any annual or other payments from such urban authority to the trustees of any such turnpike road, then the payments may be secured on any fund or rate applicable by such authority to any of the purposes of this Act in the same manner as other charges on any such fund or rate are authorised by this Act. Any executors, administrators, guardians, trustees or committee of the estate oi any idiot or lunatic, who are as such for the time being entitled to any money charged or secured on the tolls of any such turnpike road, may consent to any such agreement as aforesaid, as fully as if they respectively were so entitled in their own right, discharged of all trusts in respect thereof ; and all executors, administrators, guardian^, trustees and committees so consenting are hereby severally indemnified for so doing. Urban authority may provide places of public recreation. Public Pleasure Grounds, &c. Sect. 164. -A.ny urban authority may purchase or take on lease, layout, plant, improve and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever. Any urban authority may make byelaws for the regulation of any such public walk or pleasure ground, and may by such byelaws provide for the removal from such public walk or pleasure ground of any person infringing any such byelaw by any officer of the urban authority or constable. 3S&39Vict. c. 55, s. 178. 1^.] THE PUBLIC HEALTH ACT, 1 875. 313 PART V. GENERAL PROVISIONS. Purchase of Lands. ******* Provision for Sect. 178. The Chancellor and Council of the Duchy of Lancaster for the time to the Duchy of l:)eing may, if they think fit (but subject and without prejudice to the rights of any Lancaster, lessee, tenant or occupier), from time to time contract with any local authority tor the sale of, and may (subject as aforesaid) absolutely sell and dispose of, for such jsum as to the said Chancellor and Council may appear sufficient consideration, the "whole or any part of any lands belonging to Her Majesty, her heirs or successors in right of the said duchy, or any right, interest or easement in, through, over or on any such lands which for the purposes of this Act such local authority from time to time deem it expedient to p"rchase ; and on payment of the purchase money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and •Council may grant and assure to the said authority, under the seal of the said duchy, in the name of Her ^Majesty, her heirs or successors, the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. Byelaws. Sect. 183. Any local authority may, by any byelaws made by them under this Power to impose Act, impose on offenders against the same, such reasonable penalties as they think breach^of'b\-e- fit, not exceeding the sum of five pounds for each offence, and in the case of a laws, continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority ; but all such byelaws im- posing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. Nothing in the provisions of any Act incorporated herewith shall authorise the imposition or recovery under any byelaws made in pursuance of such provisions of any greater penalty than the penalties in this section specified. Confirmation of Sect. 184. Byelaws made by a local authority under this Act shall not take byelaws. effect unless and until they have been submitted to and confirmed by the Local Government Board, which Board is hereby empowered to allow or disallow the same as it may think proper ; nor shall any such byelaws be confirmed — Unless notice of intention to apply for confirmation of the same has been given in one or more of the local newspapers circulated within the district to which such byelaws relate, one month at least before the making of such applica- tion ; and Unless for one month at least before any such application a copy of the pro- posed byelaws has been kept at the office of the local authority, and has been open during office hours thereat to the inspection of the ratepayers of the district to which such byelaws relate, without fee or reward. The clerk of the local authority shall, on the application of any such ratepayer, furnish him with a copy of such ])roposed l^yelaws or any part thereof, on payment of sixpence for every hundred words contained in such copy. A byelaw required to be confirmed by the Local Government Board shall not require confirmation allowance or approval l)y any other authority. Sect. 185. All byelaws made by a local authority under this Act, or for pur- Byelaws to be poses the same as or similar to those of this Act under any local .Vet, shall be pri'it*-""! ^c. printed and hung up in the office of such authority ; and a co])y thereof shall I)e delivered to any ratepayer of the district to which such byelaws relate, on his a]jplication for the same ; a copy of any byelaws made by a rural authority shall also be transmitted to the overseers of eVery parish to which such byelaws relate, to 314 INCORPORATED ENACTMENTS. [APr. 38 & 39 Vict. c. 55, s. 1S5. Evidence of bye- laws. be deposited with the public documents of the parish, and to be open to the inspec- tion of any ratepayer of the parish at all reasonable hours. Sect. 186. A copy of any byelaws made under this Act by a local authority (not being the council of a borough), signed and certified by the clerk of such authority to be a true copy and to have been duly confirmed, shall be evidence until the contrary is proved in all legal proceedings of the due making, confirmation and existence of such byelaws without further or other proof. Officers and Conduct of Business of Local Authorities. Afode of Conditctini;; Business. Meetings, &c. of urban authority not being the council of a borough. Sect. 199. Every urban authority (not being the council of a borough) shall hokl an annual meeting, and other meetings for the transaction of business under this Act once at least in each month, and at such other times as may be necessary for properly executing their powers and duties under this Act. Meetings of local boards shall be held and the proceedings thereat shall be con- ducted in accordance with the rules as to meetings and proceedings contained in schedule I. to this Act ; and any improvement commissioners may, if they think fit, adopt all or any of such rules. Mode of defray- ing expenses of urban authority. PART VI. RATING AND BORROWING POWERS, &c. Expenses of Urban Authority and Urban Rates. Sect. 207. All expenses incurred or payable by an urban authority in the execution of this Act, and not otherwise provided for, shall be charged on and defrayed out of the district fund and general district rate leviable by them under this Act, subject to the following exceptions ; (namely,) That if in any district the expenses incurred by an urban authority (being the council of a borough) in the execution of the Sanitary Acts were at the time of the passing of this Act payable out of the borough fund or borough rate, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of the borough fund or borough rate ; and That if in any district the expenses incurred by an urban authority (being im- provement commissioners) in the execution of the Sanitary Acts were at the time of the passing of this Act payable out of any rate in the nature of a general district rate leviable by them as such commissioners throughout the whole of their district, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of such rate ;. and for the purposes of this section the council of the borough of Folkestone shall be deemed to be improvement commissioners ; and That where at the time of the passing of this Act the expenses incurred by an urban authority in the execution of certain purposes of the Sanitary Acts were payable out of the borough fund and borough rate, and the expenses in- curred by such authority in the execution of the other purposes of the said Acts were payable out of a rate or rates leviable by that authority throughout the whole of their district for paving, sewering or other sanitary purposes, then the expenses incurred by that authority in the execution of the same or similar purposes respectively under this Act shall respectively be charged on and defrayed out of the borough fund and borough rate, and out of the rate or rates leviable as aforesaid. B.] THE PUBLIC HEALTH ACT, 1 8/ 5. 315 38 & 39 Vict, c. 55, s. 20S sional ordei' to alter mode. Sect. 208. Where at the time of the passing of this Act the expenses incurred by an urban authority for sanitary purposes are payable otherwise than in the manner provided by the Local Government Acts, the Local Government Board Power in certain may, on the application of such authority, or of any ten persons rated to the relief cases by provi- of the poor within the district, declare by provisional order that the expenses ot '— j— — such authority incurred in the execution of this Act shall be defrayed out of a dis- trict fund and general district rate to be levied by them under this Act subject to the provisions of this Act with respect to the mode of defraying in certain cases the expenses of the repair of highways. General District Fate. Sect. 209. In the district of every urban authority whose expenses under this District fund Act aie directed to be defrayed out of the district fund and general district rate account. there shall be continued or established a fund called the district fund : a separate account called " the district fund account " of all moneys carried under this Act to the account of that fund shall be kept by the treasurer of the urban authority ; anu such moneys shall be applied by the urban authority in defraying such of the ex- penses chargeable thereon under this Act as they may think proper. Sect. 210. For the purpose of defraying any expenses chargeable on the Making general district fund which that fund is insufficient to meet, the urban authority shall from district rate, time to time, as occasion may require, make by writing under their common seal, and levy in addition to any other rate leviable by them under this Act, a rate or rates to be called " general district rates." Any such rate may be made and levied either prospectively in order to raise money for the payment of future charges and expenses, or retrospectively in order to raise money for the payment of charges and expenses incurred at any time within six months before the making of the rate : in calculating the period of six months during which the rate may be made retrospectively, the time during which any appeal or other proceeding relating to such rate is pending shall be excluded. Public notice of intention to make any such rate, and of the time when it is intended to make the same, and of the place where a statement of the proposed rate is deposited for inspection, shall be given by the urban authority in the week immediately before the day on which the rate is intended to be made, and at least seven days previously thereto ; hue in case of proceedings to levy or recover any rate it shall not be necessary to prove that such notice was given. Sect. 211. With respect to the assessment and levying of general district rates Assessment, &c., under this Act the following provisions shall have effect ; (namely,) rate?"'^'^^ (i.) General district rates shall be made and levied on the occupier of all kinds of property for the time being by law assessable to any rate for the relief of the poor, and shall be assessed on the full net annual value of such property, ascertained by the valuation list for the time being in force, or, if there is none, by the rate for the relief of the poor made next before the making of the assessment under this Act, subject to the following excep- tions, regulations and conditions ; (namely,) (a) The owner, instead of the occupier, may at the option of the urban authority be rated in cases — Where the rateable value of any premises lialile to assessment under this Aet does not exceed the sum of ten pounds ; or Where any premises so liable are let to weekly or monlhl)- tenants ; or Where any premises so liable are let in separate apartments, or where the rents become payable or are collected at any shorter period than fjuarterly : Provided that in cases where the owner is rated instead of tiie occupier lie shall be assessed on such reduced estimate as the urban authority deem reasonable of the net annual value, not being less than two-thirds nor more than four-fifths of the net annual value ; and where such reducetl estimate is 3l6 INCORPORATED ENACTMENTS. [APP. 38 & 39 Vict. in respect of tenements whether occupied or unoccupied, then such assess- >- 5 5i s. 211. ment may be made on one-half of the amount at which such tenements would be liable to be rated if the same were occupied and the rate were levied on the occupiers : (/'. ) The owner of any tithes, or of any tithe commutation rentcharge, or the occupier of any land used as arable meadow or pasture ground only, or as woodlands, marlarl of the rate, ftor in any respect affect the validity oi the same. 3i8 INCORPORATED ENACTMENTS. [app. 38 & 39 Vict. c. 55, s. 218. Rates to be open to inspection. Description of •owner or occupier in rates. Rates may be .amended. ■publication and collection of rates. Evidence of rates. Power to make ;penses of rural this Act shall be divided into general expenses and special expenses. authority. General expenses (other than those chargeable on owners and occupiers under this Act) shall be the expenses of the establishment and officers of the rural .authority, the expenses in relation to disinfection, the providing conveyance for infected persons, and all other expenses not determined by this Act or by order of the Local Government Board to be special expenses. Special expenses shall be the expenses of the construction, maintenance and cleansing of sewers in any contributory place within the district, the providing a supply of water to any such place, and maintaining any necessary works for that purpose, if and so far as the expenses of such supply ancl works are not defrayed out of water rates or rents under this Act, the charges and expenses arising out of or incidental to the possession of property transferred to the rural authority in trust for any contributory place, and all other expenses incurred or payable by the rural authority in or in respect of any contributory place wilhin the district, and deter- mined by order of the Local Government Board to be special expenses. Where the rural authority make any sewers or provide any water supply or execute any other work under this Act for the common benefit of any two or more contributory places within their district, they may apportion the expense of con- structing any such work, and of maintaining the same, in such proportions as they .think just, between such contributory places, and any expense so apportioned to any such contributory place shall be deemed to be special expenses legally in- curred in respect of such contributory place. The overseers of any contributory place, if aggrieved by any such apportionment, may, within twenty-one days after notice has been given to them of the apportion- ment, send or deliver a memorial to the Local Government Board stating their grounds of complaint, and the said Board may make such order in the matter as to it may seem equitable, and the order so made .shall be binding and conclusive on all parties concerned. General expenses shall be payable out of a common fund to be raised out of the poor rate of the parishes in the district according to the rateable value of each ■contributory place in manner in this Act mentioned. Special expenses .shall be a separate charge on each contributory place. The following areas situated in a rural district shall be contributory places for ithe purposes of this Act ; that is to say, (l.) Every parish not having any part of its area within the limits of a special drainage district formed in pursuance of the Sanitary Acts or of this Act, or of an urban district ; and (2.) Every such sj^ecial drainage district as aforesaid ; and {3.) In the case of a parish wholly .situated in a rural district, and part of which forms or is part of any such special drainage district as aforesaid, such 320 INCORrORATED ENACTMENTS. [APr. 38 & 39 Vict. portion of that i^arish as is not comprised within such special drainaee C. 55, S. 220. 1- ^ • , 1 ^_ ^ district ; and (4.) In the case of a parish a part of which is situated within an urban district, such portion of that parish as is not comprised within such urban district, or within any such special drainage district as aforesaid. Mode of raising Sect. 230. For the purpose of obtaining payment from the several contribu- rn!^n['H;"'.',?J'f' " tory places within their district of the sums to be contributed bv them the rural rural uihiricc. <*.,,,. ,. , ^ , i^.i authority shall issue their precept to the overseers 01 each such contributory place requiring such overseers to pay, within a time limited by the precept, the amount specified in such precept to the rural authority or to some person appointed by them, care being taken to issue separate precepts in respect of contributions for general expenses and special expenses, or to make such expenses respectively separate items in any precept including both classes of expenses. Where a contributory place is part of a parish as defined by this Act, the over- seers of such parish shall for the purposes of this Act be deemed to be the overseers of such contributory place, and where any part of a contributory place is part of a parish the overseers of such parish shall for the like purposes be deemed to be the overseers of such part of such contributory place. The overseers shall comply with the requisitions of such precept by paying the contribution required in respect of general expenses out of the poor rate of their respective parishes, and with respect to special expenses by raising the contribution required by the levy (in the case of an entire parish on the whole of such parish, and in the case of a contributory place or part of a contributory place forming part of a parish, by the levy on such place, or such part thereof, exclusive of the rest of the parish) of a separate rate in the same manner as if it were a rate for the relief of the poor, with this exception ; (namely,) That the owner of any tithes, or of any tithe commutation rentcharge, or the occupier of any land used as arable, meadow, or pasture ground only, or as woodlands, market gardens or nursery grounds, and the occupier of any land covered with water, or used as a canal or towing-path for the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance, shall, where a special assessment is made for the purpose of such rate, be assessed in respect of one-fourth part only of the rateable value thereof, or where no special assessment is made, shall pay in respect of the said property one-fourth part only of the rate in the pound payable in respect of houses and other property : Provided that where the amount required by any precept or precepts from a con- tributorj- place in respect of special expenses is less than ten pounds, or is so small that a rate less than one penny in the pound would be required to raise the same, the overseers shall not assess and levy any special rate for the same, but shall pay the amount as if it formed part of the contribution requiied from them in respect of general expenses. A separate rate under this section shall, as respects the powers of the overseers in relation to making, assessing and levying such rate, and as respects the appeal against such rate, and all other incidents thereof except the purposes to which it is applicable, and such exemption as aforesaid, and except the allowance of justices, which shall not be required, be subject to the same provisions as apply in law to a rate levied for the relief of the poor ; and the overseers of a parish shall have the same powers of levying such separate rate in a contributory place, or part of a contributory place, forming part of their parish, as they would have if such con- tributory place or such part thereof formed the whole of their parish. Where a contribution for general expenses is required from a contributory place or part of a contributory place which is part of a parish, the overseers shall from time to time levy such increase of rate from the contributory place or such part thereof as may be sufficient to recoup the parish for the sum it has paid on account of the contributory place or such part thereof in respect of general expenses under this Act, and carry the same to the general account of the parish, and such increase of rate shall be raised in such contributory place or part of a contributory place by B.] PUBLIC HEALTH ACT, 1 875. 321 an addition to the poor rate, or by a separate rate to be assessed, made, allowed, 38 & 39 Vict, published, collected and levied in the same manner as a poor rate. The officers '^' 5 5. s. 2 30. orldinarily employed in the collection of the poor rate shall, if required by the over- seers, collect any separate rate made under this section, and receive out of such separate rate such remuneration for the additional duty as the overseers with the consent of the vestry may determine. The overseers shall at the expiration of their term of office pay any surplus in their hands arising Irom any separate rate levied in pursuance of this Act, above the amount for which the rate was made, to the rural authority or to such person as they may appoint, to the credit of the contributory place within which or within part of which such rate was made, and such surplus shall go in reduction of the next call that may be made on such contributory place or such part thereof for the purpose of defraying the expenses incurred by the rural authority. Sect. 231. If the amount required by any precept of a rural authority to be Remedy for non- paid by the overseers of any parish is not paid in manner directed by such precept, P-iy^^n' by and within the time therein specified for that purpose, the rural authority shall amoum'\equired have the like remedy for recovery from the overseers of such amount as is not paid by precept of as guardians have for the time being for recovery from overseers of contributions of '■"'■^' authority, parishes, and for that purpose the precept of the rural authority requiring the pay- ment shall be conclusive evidence of the amount thereof. Borrowing Powers. Sect. 233. Any local authority may, with the sanction of the Local Govern- Power to borrow ment Board, for the jiurpose of defraying any costs, charges and expenses incurred °" "edit of rates. or to be incurred by them in the execution of the Sanitary Acts or of this Act, or for the purpose of discharging any loans contracted under the Sanitary Acts or this Act, borrow or re-borrow, and take up at interest, any sums of money necessary for defraying any such costs, charges and expenses, or for discharging any such loans as aforesaid. An urban authority may borrow or re-borrow any such sums on the credit of any fund or all or any rates or rate out of which they are authorised to defray expenses incurred by them in the execution of this Act, and for the purpose of securing the repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons Ijy or on behalf of whom such sums are advanced any such fund or rates or rate. A rural authority may borrow or re-borrow any such sums, if applied or intended to be applied to general expenses of such authority, on the credit of the common fund out of which such exjjenses are jiayable, and if apjilied or inteniled to be ap- plied to S])ecial expenses of such authority, on the credit of any rate or rates out of which such expenses are payable, and for the purpose of securing the repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund, rate or rates. Sect. 234. The exercise of the powers of borrowing conferred by this Act shall be subject U> the following regulations ; (namely,) (l.) Money shall not be borrowed except for permanent works (including under this expression any works of which the cost ought in the opinion of tlie Local Government Board to be spread over a term of years) : (2.) The sum borrowed shall not at any time exceed, with the balances of all the outstanding loans contracted by the local authority untler the .Sanitary Acts and this Act, in the whole the assessable value for two years of the pre- mises assessable within the district in respect of which such money may be borrowed : (3.) Where the sum proposed to be borrowed with such balances (if any) would exceed the assessable value for one year of such premises, the Local W RcKulationsasto exercise of bor- rowing powers. ;22 INCORPORATED ENACTMENTS. [app. 38 & 39 Vict, c. 55, s. 234. Power to borrow on credit of sewage land and plant. Form of mortgage. Register of mortgages. Government Board shall not give their sanction to such loan until one of their inspectors has held a local incjuiry and reported to the said Board : (4.) The money may be borrowed for such time, not exceeding sixty years, as the local authority, with the sanction of the Local Government Board, determine in each case ; and, subject as aforesaid, the local authority shall either pay off the moneys so borrowed by equal annual instalments of principal or of principal and interest, or they shall in every year set apart as a sinking fund, and accumulate in the way of compound interest by invest- ing the same in the purchase of Exchequer bills or other Government securities, such sum as will with accumulations in the way of compound interest he sufficient, after payment of all expenses, to pay off the moneys so borrowed within the period sanctioned : (5.) A local authority may at any time apply the whole or any part of a sinking fund set apart under this Act in or towards the discharge of the moneys for the repayment of which the fund has been established : Provided that they pay into the fund in each year and accumulate until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied : (6.) Where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanc- tioned, unless with the sanction of the Local Government Board, and shall in no case be extended beyond the period of sixty years from the date of the original loan. Where any urban authority borrow any money for the purpose of defraying private improvement expenses, or expenses in respect of which they have deter- mined a part only of the district to be liable, it shall be the duty of such authority, as between the ratepayers of the district, to make good, so far as they can, the money so borrowed, as occasion requires, either out of private improvement rates, or out of a rate levied in such part of the district as aforesaid. Sect. 235. Where any local authority are possessed of any land, works or other property for the purposes of disiiosal of sewage pursuant to this Act, they may borrow any moneys on the credit of such lands, works or other property, and may mortgage such lands, works, or other property to any person advancing such moneys, in the same manner in all respects as if they were the absolute owner, both at law and in equity, of the lands, works or other property so mortgaged. The moneys so borrowed shall be applied for purposes for which moneys may be borrowed under this Act ; but it shall not be in any way incumbent on the mort- gagees to see to the application of such moneys, nor shall they be responsible for any misapplication thereof. The powers of borrowing conferred by this section shall, where the sums bor- rowed do not exceed three-fourths of the purchase money of such lands (but not otherwise), be deemed to be distinct from and in addition to the general borrowing powers conferred on a local authority by this Act. Any local authority may pay out of any rates leviable by them for purposes of this Act the interest on any moneys borrowed by such authority in pursuance of this section. Sect. 236. Every mortgage authorised to be made under this Act shall be by deed, truly stating the date, consideration, and the time and place of payment, and shall be sealed with the common seal of the local authority, and may be made according to the form contained in Schedule IV. to this Act, or to the like effect. Sect. 237. There shall be kept at the office of the local authority a register of the mortgages on each rate, and within fourteen days after the date of any mortgage an entry shall be made in the register of the number and date thereof, and of the names and description of the parties thereto, as staled in the deed. Every such register shall be open to public inspection during office hours at the B.] THE PUBLIC HEALTH ACT, 1 875. 323 said office, without fee or reward ; and any clerk or other person having the custody 3S & 39 Vict, of the same, refusing to allow such inspection, shall be liable to a penalty not '^' 5 5. '^^ 237- exceeding five pounds. Sect. 238. Any mortgagee or other person entitled to any mortgage under Transfer of this Act may transfer his estate and interest therein to any other person by deed mortgages, duly stamped, truly stating its date and the consideration for the transfer ; and such transfers may be according to the form contained in Schedule IV. to this Act, or to the like effect. There shall be kept at the office of the local authority a register of the transfers of mortgage charged on each rate, and within thirty days after the date of such deed of transfer, if executed within the United Kingdom, or within thirty days after its arrival in the United Kingdom, if executed elsewhere, the same shall be pro- duced to the clerk of the local authority, who shall, on payment of a sum not exceeding five shillings, cause an entry to be made in such register of its date, and of the names and description of the parties thereto, as stated in the transfer ; and imtil such entry is made the local authority shall not be in any manner responsible to the transferee. On the registration of any transfer the transferee, his executors or administrators shall be entitled to the full benefit of the original mortgage and the principal and interest secured thereby : and any transferee may in like manner transfer his estate and interest in any such mortgage ; and no person except the last transferee, his executors or administrators shall be entitled to release or discharge any such mort- gage or any money secured thereby. If the clerk of the local authority wilfully neglects or refuses to make in the register any entry by this section required to be made, he shall be liable to a penalty not exceeding twenty pounds. Sect. 239. If at the expiration of six months from the time when any principal Receiver may be money or interest has become due on any mortgage of rates made under this Act, appointed in and after demand in writing, the same is not paid, the mortgagee or other person '^'^ ^"' '^^^'^^• entitled thereto may, without prejudice to any other mode of recovery, apply for the appointment of a receiver to a court of summary jurisdiction ; and such court may, after hearing the parties, appoint in writing under their hands and seals some person to collect and receive the whole or a competent part of the rates liable to the payment of the principal or interest, in respect of which the application is made, until such principal or interest, or both, as the case maybe, together with the costs of the application and of collection, are fully paid. On such appointment being made all such rates, or such competent part thereof as aforesaid, shall be paid to the person appointed, and when so paid shall be so much money received by or to the use of the mortgagee or mortgagees of such rates, and shall be rateably apportionetl between them : Provided that no such application shall be entertained unless the sum or sums •due and owing to the applicant amount to one thousand pounds, or unless a joint application is made by two or more mortgagees or other persons to whom there may be due, after such lapse of time and demand as last aforesaid, moneys col- lectively amounting to that sum. Audit. Audit oj Accounts of Local Authorities. Sect. 247. ' Where an urban authority are not the council of a borough the \^^^\\i „hcre following regulations with respect to audit shall be observed ; (namely), urli.-m authority (3.) Before each audit such authority shall, after receiving from the auditor the are not a town council. ^ Only so much of the unrepealed part of this section as relates to audits under the Local Government Act, 1894, is reprinted here. W 2 324 INCORPORATED ENACTMENTS. [APP. 38*c35Vict requisite appointment, give at least fourteen days' notice of the time and _!__ ' ' place at which the same will he made, and of the deposit of accounts re- quired by this section, by advertisement in some one or more of the local newspapers circulated in the district ; and the production of the newspaper containing such notice shall be deemed to be sufficient proof of such notice on any proceeding whatsoever : (4.) A copy of the accounts duly made up and balanced, together with all rate books, account books, deeds, contracts, accounts, vouchers and receipts mentioned or referred to in such accounts, shall be deposited in the office of such authority, and be open, during office hours thereat, to the inspection of all persons interested for seven clear days before the audit, and all such persons shall be at liberty to take copies of or extracts from the same, without fee or reward : and any officer of such authority duly appointed in that behalf neglecting to make up such accounts and books, or altering such accounts and books, or allowing them to be altered when so made up, or refusing to allow inspection thereof, shall be liable to a penalty not exceeding five pounds : (5.) For the purpose of any audit under this Act, every auditor may, by summons in writing, require the production before him of all books, deeds, contracts, accounts, vouchers, receipts and other documents and papers which he may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, re- ceipts, documents or papers to appear before him at any such audit or any adjournment thereof, and to make and sign a declaration as to the correct- ness of the same ; and if any such person neglects or refuses so to do, or to produce any such books, deeds, contracts, accounts, vouchers, receipts, documents or papers, or to make or sign such declaration, he shall incur for e\ ery neglect or refusal a penalty not exceeding forty shillings ; and if he falsely or corruptly makes or signs any such declaration, knowing the same to be untrue in any material particular, he shall be liable to the penalties inflicted on persons guilty of wilful and corrupt perjury : (6.) Any ratepayer or owner of property in the district may be present at the audit, and may make any objection to such accounts before the auditor ; and such ratepayers and owners shall have the same right of appeal against allowances by an auditor as they have In' law against disallowances : (7.) Any auditor acting in pursuance of this section shall disallow every item of account contrary to law, and surcharge the same on the person making or authorising the making of the illegal payment, and shall charge against any person accounting the amount of any deficiency or loss incurred by the negligence or misconduct of that person, or of any sum which ought to have been but is not brought into account by that person, and shall in every such case certify the amount due from such person, and on application by any party aggrieved shall state in writing the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made : (8.) Any person aggrieved by disallowance made may apply to the Court of Queen's Bench for a writ of certiorari to remove the disallowance into the said court, in the same manner and subject to the same conditions as are provided in the case of disallowances by auditors under the laws for the time being in force with regard to the relief of the poor ; and the said court shall have the same powers with respect to allowances, disallowances and surcharges under this Act as it has with respect to disallowances or allow- ances by the said auditors ; or in lieu of such application any person so aggrieved may appeal to the Local Government Board, which Board shall have the same powers in the case of the appeal as it possesses in the case of appeals against allowances, disallowances and surcharges by the said poor law auditors : (9.) Every sum certified to he due from any person by an auditor under this Act shall be paid by such person to the treasurer of such authority within four- B.] THE PUBLIC HEALTH ACT, 1 875. 325 teen days after the same has been so certified, unless there is an appeal against the decision ; and if such sum is not so paid, and there is no such appeal, the auditor shall recover the same from the person against whom the same has been certified to be due by tlie like process and with the like powers as in the case of sums certified on the audit of the poor rate accounts, and shall be paid by such authority all such costs and expenses, including a reasonable compensation for loss of time incurred by him in such proceedings, as are not recovered by him from such person : (10.) Within fourteen days after the completion of the audit, the auditor shall report on the accounts audited and examined, and shall deliver such report to the clerk of such authority, who shall cause the same to be deposited in their office, and shall publish an abstract of such accounts in some one or more of the local newspapers circulated in the district. Where the provisions as to audit of any local Act constituting a board of im- provement commissioners are repugnant to or inconsistent with those of this Act, the audit of the accounts of such improvement commissioners shall be conducted in all respects in accordance with the provisions of this Act. 38 & 39 Vict. c. 55, s. 247. Sect. 249. On the application of any local authority whose accounts are Taxation of bill required by this Act to be audited to the clerk of the peace of the county in which °f solicitor or the district of such authority is wholly or in part situated, the said clerk or his ^"°''"^y- deputy shall tax any bill due to any solicitor or attorney in respect of legal business performed on behalf of such authority ; and the allowance of any sum on such taxation shall be prima facie evidence of the reasonableness of the amount, but not of the legality of the charge. The clerk of the peace shall be allowed for such taxation a remuneration after the rate to be fixed by the master of the Crown Office, and declared by an order of the Local Government Board. If any such bill is not taxed by the clerk of the peace or some other duly authorised taxing officer before being presented to the auditors or auditor, the decision of the auditors or auditor upon the reasonableness and the legality of the charge shall be final. Sect. 250. The accounts under this Act of officers or assistants of any local Auditor to audit authority who are required to receive moneys or goods on behalf of such authority ^^'j>""''^ °f shall he audited by the auditors or auditor of the accounts of such authority, with the same powers, incidents and consequences as in the case of such last-mentioned accounts. PART VIII. Alteration of Areas and Union of Districts. Alteration of Areas. Sect. 276. The Local Government Board may, on the application of the Local Govern- authority of any rural district, or of persons rated to the relief of the poor, the !"^"' J'o^rd m.ay assessment of whose hereditaments amounts at the least to one-tenth of the net '"''!f^'^ f""'. , ,,,,,,.. r -1 1 1 • . , , authority with rateable value of such district, or ot any contributory place therein, by order to be powers of urban published in the London Gazette or in such other manner as the Local Government authority. Board may direct, declare any provisions of this Act in force in urban districts to be in force in such rural district or contril)utory place, and may invest such authority with all or any of the j^owers, rights, duties, capacities, liabilities and obligatif)ns of an urban authority under this Act, and such investment may be made either unconditionally or subject to any conditions to be si)ecilied l)y the Board as to the time, jiortion of the district, or manner during at and in which such powers, rights, duties, liabilities, capacities and obligations are to be exercised and 326 INCORPORATED ENACTMENTS. [A PP. 38 & 39 Virt. c. 55, s. 276 attach : Provided that an order of the Local Government Board made on the application of one-tenth of the persons rated to the relief of the poor in any con- tributory place shall not invest the rural authority with any new powers beyond the limits of such contributor)^ place. Power of Board to direct inquiries. Orders as to costs of inquiries. Orders of Board under this Act. Powers of inspectors of Local Govern- ment Board. As to provisional orders made by Local Govern- ment Board. PART IX. Local Government Board. Inguiries by Board. Sect. 293. The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place, or any matters with respect to which their sanction, approval or consent is required by this Act. Sect. 294. The Local Government Board may make orders as to the costs of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to the parties by whom or the rates out of which such costs shall be borne ; and every such order may be made a rule of one of the superior courts of law on the application of any person named therein. Sect. 295. All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct. Sect. 296. Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those which poor law in- spectors have under the Acts relating to the relief of the poor for the purposes of those Acts. Provisional Orders by Board. Sect. 297- With respect to provisional orders authorised to be made by the Local Government Board under this Act, the following enactments shall be made : — • (l.) The Local Government Board shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such provisional order relates : (2.) Before making any such provisional order, the Local Government Board shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections. Proceedings on complaint to Board of default of local authority. Power of Board to enforce performance of Duty by defaulting Local Authority. Sect. 299. Where complaint is made to the Local Government Board that a local authority has made default in providing their district with sufficient sewers, or in the maintenance of existing sewers, or in providing their district with a supply of water, in cases where danger arises to the health of the inhabitants from the in- sufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a local authority has made default in en- forcing any provisions of this Act which it is their duty to enforce, the Local Government Board, if satisfied, after due inquiry, that the authority has been guilty B.] THE PUBLIC HEALTH ACT, 1 875. 1^7 of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such complaint. If such duty is not performed by the time limited in the order, such order may be enforced by writ of Mandamus, or the Local Government Board may appoint some person to perform such duty, and shall by order direct that the expenses of performing the same, together with a reason- able remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the costs of the pro- ceedings, shall be paid by the authority in default ; and any order made tor the payment of such expenses and costs may be removed into the Court of Queen's Bench, and be enforced in the same manner as if the same were an order of such Court. Any person appointed under this section to perform the duty of a defaulting local authority shall, in the performance and for the purposes of such duty, be invested with all the powers of such authority other than (save as herein-after provided) the powers of levying rates ; and the Local Government Board may from time to time by order change any person so appointed. Sect. 300- Any sum specified in an order of the Local Government Board for payment of the expenses of performing the duty of a defaulting local authority, together with the costs of the proceedings, shall be deemed to be expenses properly incurred by such authority, and to be a debt due from such authority, and payable out of any moneys in the hands of such authority or of their officers, or out of any rate applicable to the payment of any expenses properly incurred by such authority, which rate is in this part of this Act referred to as " the local rate." If the de- faulting authority refuses to pay any such sum, with costs, as aforesaid, for a period of fourteen days after demand, the Local Government Board may by order em- power any person to levy, by and out of the local rate, such sum (the amount to be specified in the order) as may, in the opinion of the Local Government Board, be sufficient to defray the debt so due from the defaulting authority, and all ex- penses incurred in consequence of the nonpayment of such del:)t. Any person or persons so empowered shall have the same powers of levying the local rate, and requiring all officers of the defaulting authority to pay over any moneys in their hands, as the defaulting authority would have in the case of ex- penses legally payable out of a local rate to be raised by such authority ; and the said person or persons, after repaying all sums of money so due in respect of the order, shall pay the surplus, if any (the amount to be ascertained by the Local Government Board), to or to the order of the defaulting authority. Sect. 301. The Local Government Board may from time to time certify the amount of expenses that have been incurred, or an estimate of the expenses about to be incurred, by any person appointed by the said Board under this Act to per- form the duty of a defaulting local authority ; also the amount of any loan required to be raised for the purpose of defraying any expenses that have been so incurred, or are estimated as about to be incurred ; and the certificate of the said Boartl shall be conclusive as to all matters to which it relates. Whenever the Local Governn-ent Board so certifies a loan to be recjuired, the Public Works Loan Commissioners may advance to the Local Government Board, or to any person appointed as aforesaid, the amount of the loan so certified to be required on the security of the local rate, without retiuiringany other security ; and the Local Government Board, or the person so appointed, may, by any instrument duly executed, charge the local rate with the rejiayment of the principal and interest due in respect of such loan, and every such charge shall have the same effect as if the defaulting local authority were empowered to raise such loan on the security of the local rate, and had duly executed an instrument charging the same on the local rate. Sect. 302. Any principal money or interest for the time being due in respect of any loan under this Act made for payment of the expenses incurred or to be in- curred in the performance of the duty of a defaulting local autliority siiall l>e taken to be a debt due from such authority, and, in addition to any other remedies, may 38 & 39 Vict, c. 55, s. 299. Further provi- sion for recovery of expenses. Powerof lioard to borrow to defray expenses of per- formins duty of defaulting autliority. l^ccovct^' of jirincipaf and interest. 328 INCORPORATED ENACTMENTS. [APP. 38 & 39 Vici. be recovered in the manner in which a debt due from a defaulting authority may be c- 5 5; s. 302. recovered in pursuance of the provisions of this part of this Act. The surpkis (if any) of any such loan, after payment of the expenses aforesaid, hall, on the amount thereof being certified by the Local Government Board, be paid to or to the order of the defaulting authority. " Expenses," for the purposes of the provisions of this part of this Act relating to defaulting local authorities, shall include all sums payable under those provisions by or by the order of the Local Government Board, or the person appointed by that Board. ******* SCHEDULE I. Rules as to Meetings and Proceedings. ( I ) Rules applicable to Local Boards. 1. Every local board shall from time to time make regulations with respect to the summoning notice, place, management and adjournment of their meetings, and generally with respect to the transaction and management of their business under this Act. 2. No business shall be transacted at any such meeting unless at least one-third of the full number oi members be present thereat, subject to this qualification, that in no case shall a larger quorum than seven members be required. 3. Every local board shall from time to time at their annual meeting appoint one of their numljer to be chairman for one year at all meetings at which he is present. 4. If the chairman so appointed dies, resigns or becomes incapable of acting, another member shall be appointed to be chairman for the period during which the person so dying, resigning or becoming incapable would have been entitled to continue in office, and no longer. 5. If the chairman is absent from any meeting at the time appointed for holding the same, the members present shall appoint one of their number to act as chairman thereat. 6. The names of the members present, as well as of those voting on each question, shall be recorded, so as to show whether each vote given was for or against the question. 7. Every question at a meeting shall be decided by a majority of votes of the members present, and voting on that question. 8. In case of an equal division of votes the chairman shall have a second or casting vote. 9. The proceedings of a local board shall not be invalidated by any vacancy or vacancies among their members, or by any defect in the election of such board, or in the election or selection or qualification of any members thereof. 10. Any minute made of proceedings at a meeting, and copies of any orders made or resolutions passed at a meeting, if purporting to be signed by the chairman of the meeting at which such proceedings took place or such orders were made or resolutions passed, or by the chairman of the next ensuing meeting, shall be re- ceived as evidence in all legal proceedings ; and, until the contrary is proved, every meeting where minutes of the proceedings have been so made shall be deemed to have been duly convened and held, and all the proceedings thereat to have been duly had. 11. The annual meeting of a local board shall be held as soon as may be con- venient after the fifteenth of April in each year. 12. The first meeting of a local board for the district constituted after the passing of this Act shall be held at such plaee and on such day (not being more than ten days after the completion of the election) as the returning officer may by written notice to each member of the board appoint ; and the members shall appoint one of their number to be chairman at such meeting, and shall also appoint one of their number to be chairman for one year at all meetings at which he is present. B.] THE MUNICIPAL CORPORATIONS ACT, 1 882. THE MUNICIPAL CORPORATIONS ACT, 1882. [45 _^ 95- shall be given on behalf of the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution. (6. ) Subject as aforesaid, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner. (7.) If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent. (8.) Where there are more petitioners than one, an application to withdraw a petition shall not be made except with the consent of all the petitioners. Sect. 96. — (i.) An election petition shall be abated by the death of a sole Abatement of petitioner or of the survivor of several petitioners. petition. (2.) The abatement of a petition shall not affect the liability of the petitioner or of any other person to the payment of costs previously incurred. (3.) On the abatement of a petition the prescribed notice thereof shall be given in the borough, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to the election court or High Court in the prescribed manner and at the prescribed time and place to be substituted as a petitioner ; and the court may, if it thinks fit, substitute him accordingly. (4.) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition. Sect. 97. — (i-) If before the trial of an election petition a respondent other withdrawal and than a returning officer — substitution of {a.) Dies, resigns, or otherwise ceases to hold the office to which the petition respondents, relates ; or (/'. ) Gives the prescribed notice that he does not intend to oppose the petition ; the prescribed notice thereof shall be given in the borough, and within the prescribed time after the notice is given any person who might have been a petitioner in respect of the election may apply to the election court or High Court to be admitted as a respondent to oppose the petition, and shall be admitted accord- ingly, except that the number of persons so admitted shall not exceed three. (2.) A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon. Sect- 98. — (l.) All costs, charges, and expenses of and incidental to the Costs on election presentation of an election petition, and the proceedings consequent thereon, petitions. except such as are by this Act otherwise provided for, shall be defrayeil by the parties to the petition in such manner and proportions as the election court determines ; and in particular any costs, charges, or expenses which in the opinion of the court have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expenses incurred or caused on the part of petitioner or respondent, may be ordered lo be defrayed by the parties l)y whom it has been incurred or caused, whether they are or not on the whole successful.* (2.) The costs may be taxed in the prescribed manner, but according to the same principles as costs between solicitor and client in an action in the High Court, and may be recovered as the costs of such an action, or as otherwise prescribed. (3.) If a petitioner neglects or refuses for three months after demand to pay to any person summoned as a witness on his behalf, or to the resi)ondent, any sum certified to be due to him for his costs, charges, and expenses, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of llie High Court, every person who has under this Act entered into a recognisance relating lo * So much of sect. 98 as relates to the i^rincijiles of taxation is repealed by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. 336 INCORPORATED ENACTMENTS. [APP. 45 & 46 Vict. c. 50, s. 98. Reception of and attendance on the election court Rules of pro- cedure and jurisdiction. Expenses of election courl. the petition shall be held to have made default in the recognisance, and the prescribed officer shall thereon certify the recognisance to be forfeited, and it shall be dealt with as a forfeited recognisance relating to a parliamentary election petition. Sect. 99. — (i.) The town clerk shall provide proper accommodation for holding the election court ; and any exjienses incurred by him for the purposes of this section shall be paid out of the borough fund or borough rate. (2.) All chief and head constables, superintendents of police, head boroughs, gaolers, constables, and bailiffs shall give their assistance to the election court in the execution of its duties, and if any gaoler or officer of a prison makes default in receiving or detaining a prisoner committed thereto in pursuance of this Part, he shall be liable to a fine not exceeding five pounds for every day during which the default continues. (3.) The election courl may employ officers and clerks as prescribed. (4.) A shorthand writer shall attend at the trial of an election petition, and shall be sworn by the election court faithfully and truly to take down the evidence given at the trial. He shall take down the evidence at length. A transcript of the notes of the evidence taken by him shall, if the election court so directs, accompany the certificate of the election court. His expenses, according to a prescribed scale, shall be treated as part of the expenses incurred in receiving the court. Sect. 100. — (i-) The judges for the time being on the rota for the trial of parliamentary election petitions, may from time to time make, revoke, and alter General Rules for the effectual execution of this Part, and of the intention and object thereof, and the regulation of the practice, procedure, and costs of muni- cipal election petitions, and the trial thereof, and the certifying and reporting thereon. (2.) All such rules shall be laid before both Houses of Parliament within three weeks after they are made, if Parliament is then sitting, and if not, within three weeks after the beginning of the then next session of Parliament, and shall, while in force, have effect as if enacted in this Act. (3.) Subject to the provisions of this Act, and of the rules made under it, the ])rinciples, practices, and rules for the time being observed in the case of parlia- mentary election petitions, and in particular the principles and rules with regard to agency and evidence, and to a scrutiny, and to the declaring any person elected in the room of any other person declared to have been not duly elected, shall be observed, as far as may be, in the case of a municipal election petition. (4.) The High Court shall, subject to this Act, have the same powers, juris- diction, and authority with respect to a municipal election petition and the pro- ceedings thereon as if the petition were an ordinary' action within its jurisdiction. (5.) The duties to be performed by the prescribed officer under th's Part shall be performed liy the prescribed officer of the High Court. (6.) The general rules in force at the commencement of this Act with respect to matters within this Part shall, until superseded by rules made under this section, and subject to any amendment thereof by rules so made, have effect, with the necessary modifications, as if made under this section. Sect. 101. — (i-) The remuneration and allowances to be paid to a commis- sioner for his services in respect of the trial of an election petition, and to any officers, clerks, or shorthand writers, employed under this Part, shall be fixed by a scale made and varied by the election judges on the rota for the trial of parlia- mentary election petitions, with the approval of the Treasury. The remuneration and allowances shall be paid in the first instance by the Treasury, and shall be repaid to the Treasury, on their certificate, out of the borough fund or borough rate. (2.) But the election court may in its discretion order that such remuneration and allowances, or the expenses incurred by a town clerk for receiving the election court, shall be repaid, wholly or in part, to the Treasury or the town clerk, as the case may be, in the cases, by the persons, and in the manner following ; (namely,) B.] THE MUNICIPAL CORPORATIONS ACT, 1 882. 337 (a.) When in the opinion of the election court a petition is frivolous and vexatious, by the petitioner ; {d. ) When in the opinion of the election court a respondent has been personally guilty of corrupt practices at the election, by that respondent. (3.) An order so made for the repayment of any sum by a petitioner or respon- dent may be enforced as an order for payment of costs ; but a deposit made or security given under this Part shall not be applied for any such repayment until all costs and expenses payable by the petitioner or respondent to any party to the petition have been satisfied. Sect. 102. Where a candidate who has been elected to a corporate office is, by a certificate of an election court or a decision of the High Court, declared not to have been duly elected, acts done by him in execution of the office, before the time when the certificate or decision is certified to the town clerk, shall not be invalidated by reason of that declaration. Sect. 103. Where on an election petition the election of any person to a cor- porate office has been declared void, and no other person has been delared elected in his room, a new election shall be held to supply the vacancy in the same manner as on a casual vacancy ; and tor the purposes of the election any duties to be performed by a mayor, alderman, or other officer, shall, if he has been declared not elected, be performed by a deputy, or other person who might have acted for him if he had been incapacitated by illness. Sect. 104. A person who has voted at a municipal election by ballot shall not in any proceeding to question the election be required to stale for whom he has voted. 45 & 46 Vict, c. 50, s. loi. Acts done pend- ing a petition not invalidated. Provisions as to elections in the room of persons unseated on petition. Prohibition of disclosure of vote. Borough Fund PART VII. Borough Rate County Rate Sect. 140. (i.) The borough fund shall be applicable to and charged with .Application of the several payments specified in the Fifth Schedule. I'.orough Fund. *♦»**** PART XI. Grant of Charters. abolition of and adjustment of rights of e.\isting local atuhority and ofliccrs. Sect. 213. — (i-) ^^'here a jietition for a charter is referred to the Committee Scheme of con- of Council, and it is i:)roposed by the charter to extend the Municipal Corporations """^"ce or Acts to the municipal borough to be created by the charter, the Committee of Council may settle a scheme for the adjustment of the powers, rights, privileges, franchises, duties, property, and liabilities of any then existing local authority whose district comprises the whole or part of the area of that borougli, either with or without any adjoining or other place, and also of any officer of that authority. (2.) The scheme, so far as it appears to the Committee of Council to be neces- sary or proper for carrying into effect the said adjustment as regards any local authority existing at the time of the inaking of the scheme, may contain provisions for the continuance of that authority, or for the abolition total or ]iarlial of that authority, or for the creation of another authority or authorities, and the alteration of the district of the existing local authority, and the union or other relation of the existing local authority and the authority or authorities so created, and for the continuance, modification, transfer, vesting, and extension to the whole of the borough of all or any of the powers, rights, privileges, franchises, duties, projierty, and liabilities of the existing local authority, and may conla'in such provisions as 338 INCORPORATED ENACTMENTS. [APR 4^ & 46 Vict. appear to the Committee of Council to be necessary or proper for fully carrying into ■ ' ^" ^' effect any such adjustment and provisions as aforesaid. (3.) The scheme, when settled by the Committee of Council, shall be published in the London Gazette, and shall not be of any effect unless confirmed as herein- after mentioned. (4. ) Where, within one month after the publication of the scheme in the London Gazette, a petition against it by any local authority affected thereby, or by not less than one-twentieth of the owners and ratepayers of the borough (such twentieth to be one-twentieth in number of the owners and ratepayers of the borough taken together, or the owners and ratepayers in respect of one-twentieth of the rateable property in the borough and the owners and ratepayers in all cases to include women not under coverture) has been received by the Committee of Council, and is not withdrawn, the scheme shall require the confirmation of Parliament, and the Committee of Council may, if they think fit, submit it to Parliament for confirma- tion ; but otherwise, at any time after the expiration of the said month, or after the withdrawal of any petition that has been presented, the Committee of Council may, if they think fit, submit the scheme for confirmation, either to Parliament or to Her Majesty in Council, and in the latter case it shall be lawful for Her Majesty to confirm the scheme by Order in Council. (5.) A scheme, when confirmed by Parliament or by Order in Council, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parliament, as if the scheme were part of this Act. (6.) A local authority for the purposes of this Part means a sanitary authority, (not being the mayor, aldermen, and burgesses of a borough subject to the Municipal Corporations Acts,) also the corporation of a borough not subject to the INIunicipal Corporations Acts, a burial board, trustees, commissioners or other persons who, as a public body and not for their own profit, act under any Act for paving, lighting, supplying with water or gas, cleansing, watching, regulating or improving any town or place, or for providing or maintaining a cemetery or market in or for any town or place, and any commissioners, trustees, or other persons (not being justices) maintaining any police force, and any other authority not in this section excepted, and not being a school board, and having powers of local govern- ment and of rating for public purposes. (7.) The district of a local authority for the purposes of this section means the area within which such authority can exercise any powers or rights. * -it * * * » * THIRD SCHEDULE. Part III. Rule 5. All expenses of the election shall be defrayed in manner by this Act provided. *■)(■***** FIFTH SCHEDULE. Part 11. Rule ro. The expenses of and relating to a charter of incorporation for a borough, and of and relating to all elections acts and proceedings under the charter. MUNICIPAL ELECTIONS (corrupt and illegal practices) ACT, 1884. [47 & 48 Vict. Ch. 70.] An Act for the better Prevention of Corrupt and Illegal Practices at Municipal and other Elections. [14th August, 1884.'] RE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,) B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 339 Sect. 1. This Act may be cited as the Municipal Elections (Corrupt and Illegal Practices) Act, 18S4. Corrupt Practices. Sect. 2. (i.) The expression "corrupt practice" in this Act means any of the following offences, namely, treating, undue influence, bribery, and personation as defined by the enactments set forth in Part One of the Third Schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of personation. (2.) A person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the like punishment, and subject to the like incapacities, as if the corrupt practice had been committed in reference to a parliamentary election. Sect. 3. (i.) Where upon the trial of an election petition respecting a munici- pal election for a borough or ward of a borough it is found by the report of an election court made in pursuance of section ninety-three of the Municipal Corpora- tions Act, 1882, that any corrupt practice, other than treating and undue influence, has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever holding a corporate office in the said borough, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted of a corrupt practice. (2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any corrupt practice having Deen committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by his agents of any corrupt practice in reference to such election, and if the report is that any candidate at such election has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall not be capable of being elected to or holding any corporate office in the said borough, during a period of three years from the date of the report, and if he has been elected, his election shall be void. 47 & 48 Vict c. 70, S. I. Short title. Definition ana punishment of corrupt practice at municipal election. Incapacity of candidate reported guilty of corrupt practice. 45 & 46 Vict. c. 50. Illegal Practices. Sect. 4. (i.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be made — {a) on account of the conveyance of electors to or from the poll whether for the hiring of horses or carriages, or for railway fares, or otherwise ; or {[)) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibi- tion of any address, bill, or notice ; or {c) on account of any committee room in excess of the number alloweil by this Act (that is to say), if the election is for a borough one committee room for the borough, and if the election is for a ward one committee room for the ward, and if the number of electors in such Ijorough or ward exceeds two thousand, one additional committee room for every two thousand electors and in('om]ilete part of two thousand electors, over and above the said two thousand. (2.) Subject to such excejnion as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a municipal election, the person making such pay- ment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contra- -vention of this Act, shall also be guilty of an illegal practice. X 3 Certain expenditure to 340 INCORPORATED ENACTMENTS. [app. 47 <^ 4^ c. 70, s. Expenses in excess of maximum to l>e illegal praciice. Votirg by prohibited person^ and publishing of false statements of withdrawal to be illegal. Punishment on conviction of illegal practice. (3.) Provided that where it is the ordinary business of an elector as an advertis- ing agent to exhibit for payment bills and advertisements, a payment to or contract with such elector if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section. Sect. 5. (i.) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be i:)aid and no expense shall be incurred by or on behalf of a candidate at an election, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, save that in the case of an election of a councillor a sum may be paid and expense incurred not in excess of the maximum amount following ; (that is to say,) The sum of twenty-five pounds, and, if the number of electors in the borough or ward exceeds five hundred, an additional amount of threepence for each elector above the first five hundred electors. (2.) Any candidate or agent of a candidate or person who knowingly acts in contravention of this section shall be guilty of an illegal practice. (3. ) Where there are two or more joint candidates at an election the maximuni amount of expenses shall, for each of such joint candidates, be reduced by one fourth, or if there are more than two joint candidates, by one third. (4.) Where two or more candidates at the election, by themselves or any agent or agents, hire or use the same committee rooms for such election, or employ or use the services of the same clerks, messengers, or polling agent at such election, or publish a joint address or joint circular or notice at such election, those candidates shall be deemed for the purposes of this enactment to be joint candidates at such election : Provided that — (a.) The employment and use of the same committee room, clerk, messenger, ui polling agent, if accidental or casual, or of a trivial and unimportant character, shall not be deemed of itself to constitute persons joint candidates : (/'. ) Nothing in this enactment shall prevent candidates from ceasing to be joint candidates : {c. ) Where any excess of expenses above the maximum allowed for one of two or more joint candidates has arisen owing to his having ceased to be a joint candi- date, or to his having become a joint candidate after having begun to conduct his election as a separate candidate, and such ceasing or beginning was in good faith, and such excess is not more than under the circumstances is reasonalile, and the total expenses of such candidate do not exceed the maximum amount allowed for a separate candidate, such excess shall be deemed to have arisen from a reasonable cause within the meaning of the enactments respecting the allowance by the High Court or election court of an exception from the provisions of this Act which would otherwise make an act an illegal practice, and the candidate may be relieved accordingly from the consequences of having incurred such excess of expenses. Sect. 6. (i.) If any person votes or induces or procures any person to vote at a municipal election, knowing that he or such person is prohibited, whether by this or any other Act, from voting at such election, he shall be guilty of an illegal practice. (2.) Any person who before or during a municipal election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice. (3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section committed without his knowledge and consent. Sect. 7. A person guilty of an illegal practice in reference to a municipal elec- tion, shall on summary conviction be liable to a fine not exceeding one hundred pounds and be incapable during a period of five years from the date of his convic- tion of being registered as an elector or voting at any election (whether it be a B.J CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 34 1 parliamentary election or an election for a public office within the meaning of this 47 ^^'i 4S V:ct. Act) held for or within the borough in which the illegal practice has been committed. '^' ^°' ^ ' '" Sect. 8. (i.) An illegal practice within the meaning of this Act shall be Incapacity of deemed to be an offence against Part Four of the Municipal Corporations Act, caiulidate 1882, and a petition alleging such illegal i^ractice may be presented and tried '■eponed guilty accordingly. of illegal ^ -^ practice. (2.) Upon the trial of an election petition respecting a municipal election for a 45 & 46 Vict, borough or ward of a borough in which a charge is made of any illegal practice c. 50. having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by himself or his agents of an illegal practice in reference to such elec- tion, and if the report is that a candidate at such election has been guilty by him- self or his agents of an illegal practice in reference to such election, the candidate shall not be capable of being elected to or of holding any corporate office in the said borough during the period for which he was elected to serve, or for which if elected he might have served, and if he was elected, his election shall be void ; and, if the report is that such candidate has himself been guilty of such illegal practice, he shall also be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice. Illegal Payment, Employment, and Hiring. Sect. 9. Where a person knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment, except where the same may have been previously allowed in pursuance of this Act to be an exception, such person shall be guilty of illegal payment. Sect. 10. (i.) A person shall not let, lend, or employ for the purpose of the conveyance of electors to or from the poll at a municipal election, any public stage or hackney carriage, or any horse or other animal kept or used for chawnig the same, or any carriage, horse, or other animal which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or oLhcr animal, knowing that it is intended to be used for the j^urjiose of the conveyance of electors to or from the poll, he shall be guilty of illegal hiring. (2.) A person shall not hire, borrow, or use for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of illegal hiring. (3.) Nothing in this Act shall prevent a carriage, horse, or other animal being let to or hired, employed, or used by an elector, or several electors at their joint cost, for the purpose of conveying him or them to or from the poll. (4.) N(j person shall be liable to pay any duty or to take out a licence for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election. Sect. 11. Any person who corruptly induces or procures any other person to withdraw from being a candidate at a municipal election, in consideration of any payment or jiromise of payment, shall be guilty of illegal ]iaymcnt, and any person withdrawing in pursuance of such inducement or jirocuremcnt shall also be guilty of illegal iiayment. Sect. 12. (i.) No ])aymcnt or contract for i)aymenl shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction. (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for jiayment is made in contravention of this section, either Providing of money for illegal pr.ictice or pay- ment to be illegal payment. Kmployment of hackney carriages, or of carriages and horses kept for hire Corrupt with- drawal from a candidature. Ccrl:iiTi (■\i>cndi turc Id he illegal payment. 342 INCORPORATED ENACTMENTS. [aPP. 47 & 48 Vict. before, during, or after an election, the person making such payment shall be guilty *^' ''.^ll" '^' °f illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law. Certain employ- Sect. 13. (i-) No person shall, for the purpose of promoting or procuring the ment to be election of a candidate at a municipal election, be engaged or employed for payment ^ ^^'^ or promise of payment for any purpose or in any capacity whatever, except as follows ; (that is to say,) (a.) a number of persons may be employed, not exceeding two for a borough or ward, and if the number of electors in such borough or ward exceeds two thousand one additional person may be employed for every thousand electors and incomplete part of a thousand electors over and above the said two thousand, and such persons may be employed as clerks and messengers, or in either capacity ; and (/'. ) one polling agent may be employed in each polling station : Provided that this section shall not apply to any engagement or employment for carrj'ing into effect a contract, bona fide made with any person in the ordinary course of business. (2. ) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed in contravention of this Act. (3.) A person legally employed for payment under this section may or may not be an elector, but may not vote. Name and Sect. 14. Every bill, placard, or poster having reference to a municipal election address of printer shall bear upon the face thereof the name and address of the printer and publisher on placards. thereof ; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the nams and address of the printer and publisher, shall, if he is a candidate, be guilty of an illegal practice, and if he is not the candidate, shall be liable on summary conviction to a fine not exceeding one hundred pounds. Saving for Sect. 15. The provisions of this Act prohibiting certain payments and con- creditor.s. tracts for payments, and the payment of any sum, and the incurring of any expense, in excess of a certain maximum, shall not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act. Use of certain Sect. 16. (l.) (a.) Any premises which are licensed for the sale of any premises for intoxicating liquor for consumption on or off the premises, or on which refreshment committee rooms of any kind (whether food or drink) is ordinarily sold for consumption on the or meetings to be premises, or (o.) Any premises where any intoxicating liquor is supplied to members of a club, society, or association, or any part of any such premises, shall not, for the purpose of promoting or procuring the election of a candidate at a municipal election, be used either as a committee room or for holding a meeting, and if any person hires or uses any such premises or any part thereof in contravention of this section he shall be guilty of illegal hiring, and the person letting or permitting the use of such premises or part thereof, if he knew it was intended to use the same in contravention of this section, shall also be guilty of illegal hiring. (2.) Provided that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct com- munication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid. B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 343 Sect. 17. (i-) A person guilty of an offence of illegal payment, employment, 47 & 48 Vict, or hiring shall, on summary conviction, be liable to a fine not exceeding one '^' ^°' ^' '^' hundred pounds. _ Punishment of (2.) Where an offence of illegal payment, employment, or hiring is committed illeg.il payment, by a candidate, or with his knowledge and consent, such candidate shall be euiltv fT'p'oynient, or of an illegal practice. '' Sect. 18. ^^'here, upon the trial of an election petition respecting a municipal Avoidance of election for a borough or ward of a borough, it is found by the election court that election for illegal practices or offences of illegal payment, employment, or hiring, committed fuegal practices in reference to such election for the purpose of promoting the election of a candidate &c. at that election, have so extensively prevailed that they may be reasonably supposed to have affected the result of that election, the election court shall report such finding to the High Court, and the election of such candidate, if he has been elected, shall be void, and he shall not, during the period for which he was elected to serve, or for which, if elected, he might have served, be capable of being elected to or holding any corporate office in the said borough. Excuse and Exceptioti for Corrupt or Illegal Practice or Illegal Payment, P/nploynient, or Iliring. Sect. 19. Where, upon the trial of an election petition respecting a municipal Report exone- election, the election court reports that a candidate at such election has been guilty rating candidate by his agents of the offence of treating and undue influence, and illegal practice, or of corrupt and of any of such offences, in reference to such election, and the election court further illegal practice report that the candidate has proved to the court — ^y agents. (a.) That no corrupt or illegal practice was committed at such election by the candidate or with his knowledge or consent, and the offences mentioned in the said report were committed without the sanction or connivance of such candidate ; and (h.) That all reasonable means for preventing the commission of corrupt and illegal practices at such election were taken by and on behalf of the candidate ; and {c.) That the offences mentioned in the said report were of a trivial, unimportant, and limited character ; and [d. ) That in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents ; then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act. Sect. 20. ^^^lere, on application made, it is shown to the High Court or to a municipal election court liy such evidence as seems to the Court sufficient — (a. ) that any act or omission of a candidate at a municiiml election for a borough or ward of a borough, or of any agent or other person, would, by reason of being in contravention of any of the provisions of this Act, be but Rtr this section an illegal practice, payment, employment, or hiring ; and (/'.) that such act or omission arose from inadvertence or from accidental mis- calculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith ; and (c.) that such notice of the application has been given in the said borough as to the Court seems fit ; and under the circumstances it seems to the Court to be just that the said candidate, agent and person, or any of them, should not be subject to any of the consec|uences under this Act of the said act or omission, the Court may make an order allowing such act or omission to be ah exception from the provisions of this Act which would otherwise make the same an illegal practice, payment, employment, or hiring, and thereupon such candidate, agent, or jierson shall not be subject to any of the conse(|uences under this Act of the said act or omission. Power of High Court and elec- tion court to except innocent act from being illegal practice, &c. 344 INCORPORATED ENACTMENTS. [APP. 47 & 48 Vict, c. 70, s. 21. Sending in claims and malcing pay- ments for election expenses. Sect. 21. (i.) Every claim against any person in respect of any expenses in- curred by or on behalf of a candidate at an election of a councillor on account of or in respect of the conduct or management of such election shall be sent in within fourteen days after the day of election, and if not so sent in shall be barred and not paid, and all expenses incurred as aforesaid shall be paid within twenty-one days after the day of election, and not otherwise, and any person who makes a pay- ment in contravention of this section, except where such payment is allowed as provided by this section, shall be guilty of an illegal practice, but if such payment was made without the sanction or connivance of the candidate, the election of such candidate shall not be void, nor shall he be subject to any incapacity under this Act Ijy reason only of such payment having been made in contravention of this section. (2.) Every agent of a candidate at an election of a councillor shall, W'ithin twenty-three days after the day of election, make a return to the candidate in writing of all expenses incurred by such agent on account of or in respect of the conduct or management of such election, and if he fails so to do shall be liable, on summary conviction, to a fine not exceeding fifty pounds. (3.) Within twenty-eight days after the day of election of a councillor every candidate at such election shall send to the town clerk a return of all expenses incurred by such candidate or his agents on account of or in respect of the con- duct or management of such election, vouched (except in the case of sums under twenty shillings) by bills stating the particulars and receipts, and accompanied by a declaration by the candidate made before a justice in the form set forth in the Fourth .Schedule to this Act, or to the like effect. (4. ) After the expiration of the time for making such return and declaration the candidate, if elected, shall not, until he has made the return and declaration (in this Act referred to as the return and declaration respecting election expenses), or until the date of the allowance of such authorised excuse, as is mentioned in this Act, sit or vote in the council, and if he does so shall forfeit fifty pounds for every day on which he so sits or votes to any person who sues for the same. (5.) If the candidate without such authorised excuse as is mentioned in this Act fails to make the said return and declaration he shall be guilty of an illegal practice, and if he knowingly makes the said declaration falsely he shall be guilty of an offence, and on conviction thereof on indictment shall be liable to the punishment for wilful and corrupt perjury, and such offence shall also be deemed to be a corrupt practice within the meaning of this Act. (6.) The county court for the district in which the election was held, or the High Court, or an election court, may, on application either of the candidate or a creditor, allow any claim to be sent in and any expense to be paid after the time limited by this section, and a return of any sum so paid shall forthwith after pay- ment be sent to the town clerk. (7.; If the candidate applies to the High Court or an election court, and shows that the failure to make the said return and declaration, or either of them, or any error or false statement therein, has arisen by reason of his illness or absence, or of the absence, death, illness, or misconduct of any agent, clerk, or officer, or by reason of inadvertence, or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application and on production of such evidence of the grounds stated in the application, and of the good faith of the applicant, and otherwise as to the court seems fit, make such order for allowing the authorised excuse for the failure to make such return and declaration, or for an error or false statement in such return or declaration, as to the court seems just. (8.) The order may make the allowance conditional upon compliance with such terms as to the court seems calculated for carrying into effect the objects of this Act, and the order shall relieve the applicant from any liability or consequences under this Act in respect of the matters excused by the order. (9. ) The date of the order, or if conditions and terms are to be complied with. the date at which the applicant fully complies with them, is referred to in this Act as the date of the allowance of the excuse. B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 345 offences from Application of ss. 37 & ^8 of 46 & 47 Vict. c. 51. List in burgess roll of persons incapacitated for voting by corrnpt or illegal practices. (10.) The return and declaration sent in pursuance of this Act to the town clerk 47 ^'^ 48 Vict. shall be kept at his office, and shall at all reasonable times during the twelve ^' ^°' ^' ^'' months next after they are received by him be open to mspection by any person on payment of the fee of one shilling, and the town clerk shall, on demand, furnish copies thereof or of any part thereof at the price of twopence for every seventy-two words. (11.) After the expiration of the said twelve months the town clerk may cause the return and declaration to be destroyed, or if the candidate so require shall return the same to him. Disqualification of Electors. Sect- 22. Every person guilty of a corrupt or illegal practice or of illegal em- Prohibition of ployment, payment, or hiring at a municipal election is prohibited from voting at persons guilty of such election, and if any such person votes his vote shall be void, and shall be struck off on a scrutiny. Sect. 23. So much of sections thirty-seven and thirty-eight of the Corrupt and Illegal Practices Prevention Act, 1883, as is set forth in Part Two of the Third Schedule to this Act, shall apply as part of this Act. Sect. 24. (I.) The town clerk in every municipal borough shall annually in July make out a list containing the names and description of all persons who, though otherwise qualified to be enrolled as burgesses of such borough, have under this Act, or under the Corrupt and Illegal Practices I'revention Act, 1883, or under any other Act for the time being in force relating to a parliamentary election or an election to any public office, become after the commencement of this Act, by reason of conviction of a corrupt or illegal practice, or of the report of any election court or election commissioners, incapable of voting at a municipal election in such borough or any ward thereof, and the town clerK shall state in the list (in this Act referred to as the corrupt and illegal practices list), the offence of which each person has been found guilty. (2.) For the purpose of making out such list he shall examine the report of any election court or election commissioners who have respectively tried an election petition or inquired into an election where the election (whether a parliamentary election or an election to any public office) was held in the said borough or in the county in which such borough is situate. (3.) The town clerk of any municipal borough shall, not less than fourteen days before the first day appointed by law for the publication of the parish burgess lists in such borough, send the corrupt and illegal practices list to the overseers of every ])arish wholly or jiartly within the borough, and the overseers shall publish that list, together with the parish burgess lists, and shall also, in the case of every person in the corrupt and illegal practices list, omit his name from the list of persons entitled to be enrolled as burgesses or to be elected councillors, or as circumstances require, add " objected " before his name in the list of claimants pub- lished by them, in like manner as is reciuired by law in any other cases of disqualification. (4.) Any person named in the corrupt and illegal practices list may claim to have his name omitted therefrom, and any person entitled to object to any parish burgess list may ol)ject to the omission of the name of any person from such first- mentioned list. Such claims and objections shall be sent in witliin the same time and be dealt with in like manner, and any such objection shall be served on the person referred to therein in like manner, as nearly as circumstances admit, as other claims and objections under the enactments relating to the enrolment el burgesses. (5.) The revising authority shall determine such claims and objections and shall revise such list in like manner, as nearly as circumstances admit, as in the case of other claims and objectii^tns and of any parish burgess list and list of persons entitled to be elected councillors. 346 INCORPORATED ENACTAIENTS. [APP. 47 & 48 Vict. c. 70, s. 24. 45 & 46 V'ict c. 50. Petition for illegal practice. Time for presentation of petition alleging illegal practices. 45 & 46 Vict. c. 50. Withdrawal of election petition. (6. ) Where :t appears to the revising authority that a person not named in the list is subject to have his name inserted in the corrupt and illegal practices list, he shall (whether an objection to the omission of such name from the list has or has not been made, but) after giving such person an opporttmity of making a statement to show cause to the contrary, insert his name in that list and expunge his name from any list of burgesses or of persons entitled to be elected councillors. (7.) A revising authority in acting under this section shall determine only whether a person is incapacitated by conviction or by the report of any election court or election commissioners, and shall not determine whether a person has or has not been guilty of any corrupt or illegal practice. (8.) The corrupt and illegal practices list shall be appended to the burgess roll, and shall be printed and published therewith wherever the same is printed or published. (9.) Any town clerk or overseer who fails to comply with the provisions of this section shall be liable to the like fine as he is liable to under section seventy-five of the Municipal Corporations Act, 1882, for any neglect or refusal in relation to a parish burgess list as therein mentioned. Proceedings on Election Petitions. Sect. 25. (i.) A municipal election petition complaining of the election on the ground of an illegal practice may be presented at any time before the expiration of fourteen daysafter the day on which the townclerk receives the return and declaration respecting election expenses by the candidate to whose election the petition relates, or where there is an authorised excuse for failing to make the return and declaration then within the like time after the date of the allowance of the excuse. (2.) A municipal election petition, complaining of the election on the ground of an illegal practice, and specifically alleging a payment of money or other act made or done since the election by the candidate elected at such election, or by an agent of the candidate, or with the privity of the candidate, in pursuance or in further- ance of such illegal practice, may be presented at any time within twenty-eight days after the date of such payment or act, whether or not any other petition against that person has been previously presented or tried. (^.) Any election petition presented within the time limited by the Municipal Corporations Act, 1882, may for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition complaining of the election on the ground of that illegal practice can, under this section, be presented. (4. ) This section shall apply notwithstanding the illegal practice is also a corrupt practice. Sect. 26. (i) Before leave for the withdrawal of a municipal election petition is granted, there shall be produced affidavits by all the parties to the petition and their solicitors, but the High Court may on cause shown dispense with the affidavit of any particular person if it seems to the court on special grounds to be just so to do. (2.) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into, in relation to the withdrawal of the petition ; but if any lawful agreement has been made with respect to the withdrawal of the petition the affidavit shall set forth that agreement, and shall make the foregoing statement suljject to what appears from the affidavit. (3.) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn. (4.) If any person makes any agreement or terms, or enters into any undertaking, in relation to the withdrawal of an election petition, and such agreement, terms, or undertaking is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the withdrawal of any other election petition, or is or are B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 347 (whether lawful or unlawful) not mentioned in the aforesaia affidavits, he shall be gailty of a misdemeanour, and shall be liable on conviction on indictment to im- prisonment for a term not exceeding twelve months, and to a fine not exceeding two hundred pounds. {5.) Copies of the said affidavits shall be delivered to the Director of public prosecutions a reasonable time before the application for the withdrawal is heard, and the court may hear the Director of public prosecutions or his assistant or other representative (appointed with the approval of the Attorney-General), in opposition to the allowance of the withdrawal of the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Director of ])ublic prosecutions or his assistant, or other representative, may consider material. (6. ) Where in the opinion of the court the proposed withdrawal of a petition was the result of any agreement, terms, or undertaking prohibited by this section, the court shall have the same power with respect to the security as under section ninety- five of the Municipal Corporations Act, 1882, where the withdrawal is induced by a corrupt consideration. (7.) In every case of the withdrawal of an election petition, l)y leave of the election court such court shall report in writing to the High Court whether, in the opinion of such election court, the withdrawal of such petition was the result of any agreement, terms, or undertaking, or was in consideration of any payment, or in consideration that the seat should at any time be vacated, or in consideration of tlie withdrawal of any other election petition, or for any other consideration, and if so, shall state the circumstances attending the withdrawal. (8.) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made l)y all such solicitors. Sect. 27. The trial of every municipal election petition shall, so far as is practicable consistently with the interests of justice in respect of such trial, be con- tinued de die in diem on every lawful day until its conclusion. Sect. 28. (i.) On every trial of a municipal election petition the Director of public prosecutions shall by himself or by his assistant, or by such representative as herein-after mentioned, attend at the trial, and it shall be the duty of such Director to obey any directions given to him by the election court with respect to the summoning and examination of any witness to give evidence on such trial, and with respect to the prosecution by him of ofienders, and with respect to any person to whom notice is given to attend with a view to report him as guilty of any corrupt or illegal jiractice. (2.) It shall also be the duty of such Director, without any direction from the election court, if it appears to him that any person is al)le to give material evidence as to the subject of the trial, to cause such person to attend the trial, and with the leave of the court to examine such person as a witness. (3.) It shall also be the duty of the said Director, without any direction from the election court, if he thinks it expedient in the interests of justice so to do, to pro- secute, either before the said court or before any other competent court, any person who has not received a certificate of indemnity and who appears to him to have been guilty of a corrupt or illegal practice at a municipal election. (4.) Where a person is prosecuted before an election court for any corrupt or illegal practice, and such person appears before the court, the court shall jiroceed to try him summarily for the said offence, and such person, if convicted thereof upon such trial, shall be subject tf) the same incapacities as he is subject to under this or any other Act, upon conviction, whether on indictment or in any other pro- ceeding for the said offence ; and further, may be adjudged by the court, if the offence is a corrupt practice, to be imprisoned, with or without hard labour, for a term not exceeding six months, or to pay a fine not exceeding two hundred pounds, and if the offence is an illegal practice, to pay such fine as is fixed by this Act for the offence : Provided that, in the case of a corrupt practice, the court, before proceeding to 47 & 4? Vict, c. 70, s. 26. , & 46 Vict. 50. Continuation of trial of election petition. Attendance of Director of public prosecutions on trial of election petition, and prosecution by him of ofienders. 348 INCORPORATED ENACTMENTS. [APP. 47 & 48 Vict. c. 70, s. 28. 45 & 46 Vict. c. 50. 45 & 46 Vict. c. 50. Power to election court to order payment by borough or individual of costs of election petition. try summarily any person, shall give such person the option of bemg tried by a jury. (5-) Where a person is so prosecuted for any such offence, and either he elects to be tried by a jury or he does not appear before the court, or the court thinks it in the interests of justice expedient that he should be tried before some other court, the court, if of opinion that the evidence is sufficient to put the said person upon his trial for the offence, shall order such person to be prosecuted on indictment or before a court of summary jurisdiction, as the case may require, for the said offence ; and in either case may order him to be prosecuted before such court as may be named in the order ; and for all purposes preliminary and of and incidental to such prosecution the offence shall be deemed to have been committed within the juris- diction of the court so named. (6.) Upon such order being made, (a.) if the accused person is present before the court, and the offence is an indict- able offence, the court shall commit him to take his trial, or cause him to give bail to appear and take his trial for the said offence ; and (/'. ) if the accused person is present before the court, and the offence is not an indictalile offence, the court shall order him to be brought before the court of summary jurisdiction before whom he is to be prosecuted, or cause him to give liail to appear before that court ; and (r. ) if the accused person is not present before the court, the court shall as circumstances require issue a summons for his attendance, or a warrant to apprehend him and bring him before a court of summary jurisdiction, and that court, if the offence is an indictable offence, shall, on proof only of the summons or warrant and the identity of the accused, commit him to take his trial, or cause him to give bail to a]3pear and take his trial for the said otlence, or if the offence is punishable on summary conviction, shall proceed to hear the case, or if such court be not the court before whom he is directed to be prosecuted shall order him to be brought to that court. (7.) Any order or act of an election court under this section shall not be suljject to be discharged or varied under sub-section six of section ninety-two of the Municipal Corporations Act, 1882. (8.) The Director of public prosecutions may nominate, with the approval of the Attorney-General, any barristers or solicitors of not less than ten years' standing, one of whom shall, when required, act as the representative for the purposes of this section of such Director, and when so acting shall receive such remuneration as the Treasury may approve. There shall be allowed to the Director and his assistant or representative, for the purposes of this section, such allowance for expenses as the Treasury may approve. (9.) The costs incurred in defraying the expenses of the Director of public jirosecutions under this section (including the remuneration of his representatives) shall, in the first instance, be paid by the Treasury, and so far as they are not in the case of any prosecution paid by the defendant, shall be deemed to be expenses of the election court, and shall be paid as the expenses of that court are directed by section one hundred and one of the Municipal Corporations Act, 1882, to be paid ; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of the said costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct. Sect. 29. (i-) Where upon the trial of a municipal election petition it appears to the election court that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and that such respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the court may make one or more orders with respect to the payment either of the whole or such part of the costs of the petition as the court may think right as follows ; (a.) if it appears to the court that corrupt practices extensively prevailed in reference to the said election, the court may order the whole or part of the costs to be paid by the borough ; and R.] CORRUPT AND ILLEGAL TRACTICES ACT, 1 884. 349 (/'. ) if it appears to the court that any person or persons is or are proved, 47 & 48 Vict, whether by providing money or otherwise, to have been extensively engaged ^' ^ °' ^' ^^' in corrupt practices, or to have encouraged or promoted extensive corrupt practices in reference to such election, the court may, after giving such person or persons an opportunity of being heard by counsel or solicitor and of exam- ining and cross-examining witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person, or those persons or any of them, and may order that if the costs cannot be recovered from one or more of such persons they shall be paid by some other of such persons or by either of the parties to the petition. (2.) Where any person appears to the court to have been guilty of the offence of a corrupt or illegal practice, the court may, after giving such person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to the said offence or to the said person to be paid l)y the said person to such person or persons as the court may direct. (3.) The rules and regulations of the Supreme Court of Judicature with respect to costs to be allowed in actions, causes, and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other jjroceed- ings under Part Four of the Municipal Corporations Act, 1882, and this Act, 45 & 46 Vict, and the taxing officer shall not allow any costs, charges, or expenses on a higher '^- 5°- scale than would be allowed in any action, cause or matter in the High Court on the higher scale, as between solicitor and client. Afisce/Zaneoiis, Sect. 30. Suljject to the other provisions of this Act, the procedure lor the (jenera! prosecution of a corrupt or illegal practice or any illegal payment, employment, or Provisions as to hiring committed in reference to a municipal election, and the removal of any oS^ices'under incapacity incurred by reason of a conviction or report relating to any such offence, this Act. and the duties of the Director of public prosecutions in relation to any such offence, and all other proceedings in relation thereto (including the grant to a witness of a certificate of indemnity), shall be the same as il such oftence had been committed in reference to a parliamentary election ; and sections forty-five and forty-six and sections fifty to fifty-seven (both inclusive), and sections fifty-nine and sixty of the Corrupt and Illegal Practices Prevention Act, 1883, shall apply accordingly as if \ ^^ ''^ "^'' they were re-enacted in this Act with the necessary modifications, and with the following additions : — (a. ) Where the Director of public prosecutions considers that the circumstances of any case require him to institute a prosecution before any court other than an election court for any offence other than a corrupt practice committed in reference to a municipal election in any borough, he may, by himself or his assistant, institute such prosecution before any court of summary jurisdiction in the county in which the said borough is situate or to which it adjoins, and the offence shall be deemed for all purposes to have been committed within the jurisdiction of such court ; and ((^.) General rules for the purposes of Part Four of the Municipal Corporations 45 & 46 Vict. Act, 1882, shall be made by the same authority as rules of court under the c. 50. said sections ; and (c.) The giving or refusal to give a certificate of indemnity to a witness by the s. 94 (7). election court shall be final and conclusive. Sect. 31. If any person, in consequence of conviction or of the report of an Persons election court under this Act, becomes not capable of being elected to or sitting inc:ipacitaietl by in the House of Commons, or of being elected to or holding any public or judicial ™"^''.j''°'y°'! . office, and such person, at the date of the said conviction or report, has been so ^eat or office, elected or holds any such office, then his seat or office, as the case may be, shall be vacated as from that date. Sect. 32. (i.) Where any costs of a iictition are, under an order of a muni- ■'•ly'ie"' and ^ ' ■' ' recovery of cuits. 350 INCORPORATED ENACTMENTS. [APP. 47 I'v- 48 Vict. cipal election court, to be paid Ijy a borough, such costs shall be j^aid out of the c. 70, s. 32. borough fund or borough rate. (2.) Where any costs or other sums are, under the order of an election court or otherwise under this Act, to be paid by any person, those costs shall be a simple contract debt due from such person to the person or persons to whom they are to be paid, and if payable to the Treasury shall be a debt to Her Majesty, and in either case may be recovered accordingly. Service of Sect. 33. Where any summons, notice, or document is required to be served notices. on any person with reference to any proceeding respecting a municipal election in any borough or ward of a borough, whether for the purpose of causing him to appear before the High Court or any election court, or otherwise, or for the purpose of giving him an opportunity of making a statement, or showing cause, or being heard by himself, before any such court, for any purpose of this Act, such summons, notice, or document may be served either by delivering the same to such person, or by leaving the same at, or sending the same by post by a registered letter to, his last known place of abode in the said borough, or, if the proceeding is before any court, in such other manner as the court may direct, and in proving such service by post it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered with the post office. Definitions. Ssct. 34, In this Act expressions have the same meaning as in the Municipal 45 & 46 Vict. Corporations Act, 1882, and in the Corrupt and Illegal Practices Prevention Act, %^<-' \' t 1883; except that the words "borough," " election petition," " election court," ^_ ^,_ ' and " candidate," shall, unless the context otherwise requires, have the meanmg given by the Municipal Corporations Act, 1882, and not the meaning given by the Corrupt and Illegal Practices Prevention .\ct, 1883: and except that "election" shall, unless the context otherwise requires, mean a municipal election. For the purposes of this Act the number of electors shall be taken according to the enumeration of the electors in the burgess roll. Application to Ssct. 35. This Act and Part IV. of the Municipal Corporations Act, 1882, city of London shall apply to a municipal election in the city of London, subject as follows : — P t Iv"of° ( ' • ^ ^'^^ '■^'^ purpose of such application ' ' municipal election " means an election 45 & 46 Vict. to the office of mayor, alderman, common councilman, or sheriff, and c. 50 includes the election of any officer elected by the mayor, aldermen, and liverymen in common hall, and the expression "corporate office" includes each of the aforesaid offices, and the expression " l)orough" shall be deemed to apply to the said city : (2.) The expression " burgess " means, in relation to each municipal election, any person entitled to vote at such election : (3.) Any costs or expenses directed to be paid out of the borough fund or borough rate shall, if incurred in respect of the election of an alderman or common councilman for any ward, be paid out of the ward rate of that ward, and in any other case shall be paid by the chamberlain of the said city out of the city's cash : (4. ) The enactments relating to personation, polling agents, and disclosure of votes shall not apply, save that if any person commits any offence under the -o Vict. c. I. City of London Municipal Elections Amendment Act, 1867, in relation to the declaration required by that Act to be made at the poll, he shall, in addition, be deemed guilty of a corrupt practice under this Act : (5.) A vacancy in any office created by the decision of an election court shall be filled by a new election, and every summoning officer is hereby authorised and required to summon the electors for such election : (6.) In the case of an election of an alderman and common councilman a sum may be paid and expense incurred not in excess of the maximum fixed by this Act for the election of a councillor : (7.) In the case of an election by liverymen in common hall a sum may be paid and expenses incurred, if a poll be not demanded, not exceeding forty pounds, and, if a poll be demanded, then not exceeding two hundred and fifty pounds, B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 35 I and, in the event of a poll being demanded, such poll shall take place on the ^l & 48 Vict, third day after the demand for a poll be made, unless such third day be a '^' ^^ll ^^' Sunday, in which case the poll shall take place on the fourth day, and the poll shall last for one day only, and commence at the hour of eight in the morning and close at six in the evening. (8. ) The town clerk shall send the corrupt and illegal practices list, when made out by him, to the ward clerk of each ward not less than fourteen days before the day on which the list of persons entitled to vote in such ward is required to be made out, and the aldermen and common councilmen of each ward shall omit from such last-mentioned list the names of all persons mentioned in the corrupt and illegal practices list, and the corrupt and illegal practices list shall be printed and appended to every copy of the list of persons entitled to vote in such ward. Application of Act to other elections. Sect. 36. (i.) Subject as herein-after mentioned, the provisions of this Act Application of and of Part Four of the Municipal Corporations Act, 18S2, as amended by this this Act and Act, shall extend to elections for the offices mentioned in the first column of the f^^ e'\°ct First Schedule to this Act as if re-enacted herein and in terms made applicable c. 50 to other thereto, and petitions may be presented and tried, and offences prosecuted and elections, punished, and incapacities incurred in reference to each such election accordingly. Provided that in the application of the said provisions to any such election : (a. ) The area, officer, and rate mentioned opposite to the office in the second, third, and fourth columns of the said schedule, shall be deemed to be substituted for the borough or ward, town clerk, and borough fund or rate respectively. (/'. ) The expression "corporate office" in the said provisions shall mean an office mentioned in the said schedule, and in relation to the election of a guardian of a union includes any such office in the union, and "a municipal election" shall mean an election to such office, and the expressions "municipal election court," " municipal election list," and "municipal election petition " shall be construed accordingly. {c. ) No corrupt and illegal practices list shall be made for any such election. {d. ) Vacancies created by the decision of an election court shall be filled by a new election. {e.) A petition relating to the election of a guardian of a union may be tried at any place within the union. (/] ) Nothing in the said provisions shall render it unlawful to hold a meeting for the purpose of promoting or procuring the election of a candidate to any office mentioned in the said schedule on any licensed or other premises not situate in an urban sanitary district or in the Metropolis ; {g. ) Where the poll at any election to an office in the said schedule is taken by means of voting papers, such of the said provisions as relate to personation, polling agents, disclosure of votes and conveyance of voters shall not apply ; but any offence in relation to voting papers or to personation or to voting at such election which is punishable on summary conviction (that is to say,) the offences mentioned in section three of the Poor Law Amendment Act, 1851, and in rule sixty-nine of Schedule Two to the Public Health Act, 1875, M ^"t 's V n;'- shall without prejudice to the punishment under such section and rule of a i^§i],<^\'K\.. person guilty of such offence, be deemed to be an illegal practice within the c. 55 meaning of the said provisions. {Ii. ) The Local Government Board shall have the same power as heretofore under section eight of the Poor Law Amendment Act, 1842, to determine any <>. g w^^, ^, , question arising as to the right of a person to act as guardian, except that the Board shall not have power — (a.) To determine, until after the expiration of twenty-one days after the election of a person as guardian, any question which can be determined upon an electif)n petition under this section ; nor (b.) To determine any question which is raised by an election petition under this section, and is either awaiting decision or has been decided by an election court ; nor 352 INCORPORATED ENACTMENTS. [APP. 47 & 48 Vict, c. 70, s. 36. Exemption from provisions as to maximum expenses. Repeal of Acts. (c.) To determine any question of general corruption, or of any corrupt or illegal practice, except so far as-"^ippears to such Board necessary for determining the validity of any vote. (2. ) The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges, may annually appoint as many barristers, not exceeding five, as they may think necessary to be commissioners for the trial of election petitions under Part Four of the Municipal Corporations Act, 1882, and this Act, and shall from time to time assign the petitions (whether relating to a municipal election or to any other election to which this Act extends) to be tried by each commissioner. Sect. 37. The provisions of this Act which prohibit the payment of any sum, and the incurring of any expense by or on behalf of a candidate at an election, on account of, or in respect of, the conduct or management of the election, and those which relate to the time for sending in and paying claims, and those which relate to the maximum amount of election expenses, or the return or declaration respect- ing election expenses, shall not apply to any of the elections mentioned in the First .Schedule to this Act. Repeal. Sect. 38. The Acts specified in the Second Schedule to this Act are hereby repealed as from the commencement of this Act to the extent in the third column of that schedule mentioned, but such repeal shall not affect anything duly done or suffered, or any right acquired or accrued, or any incapacity incurred, before the commencement of this Act ; and any person subject to any incapacity under any enactment hereby repealed, or under any enactment for which such repealed enactment was substituted, shall continue subject thereto, and this Act shall apply to him as if he had become so subject in pursuance of the provisions of this Act. Section 36. Schedules. FIRST SCHEDULE. Elections to which this Act extends. In Engla)id. Office. Area. Officer. Member of local board, as defined by the Public Health Act, 1875. Member of Improve- ment Commis- sioners, as defined by the Public HealthAct, 1875. Guardian elected under the Poor Law Amendment Act, 1834. Member of school board. Local Government district or ward of such district. Improvement Act district or ward of such district. Parish or ward of a parish or united parishes. School district or division of the metropolis. Clerk to the local board, or person performing like duties. Clerk to the Im- provement com- missioners, or person perform- ing like duties. Clerk to the guar- dians, or person performing like duties. Returning officer of school board. The general dis- trict rate. The general dis- trict rate or other rate out of which the expenses of the Improve- ment Commis- sioners are pay- able. The poor rate of the parish or united parishes. The school fund. 15.] CORRUPT AND ILLEGAL PRACTICES ACT, 1884. 353 SECOND SCHEDULE. Enactments Repealed. A description or citation of a portion of an Act is inclusive of the words, section, or other part first and last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion comiDrised in the description or citation. As to England. 47 & 48 Vict. c. 70. Second Sched. 33 & 34 Vict. c. 75. 45 & 46 Vict. c. 50. The Elementary Education Act, 1870. The Municipal Corporations Act, 1882. Section 38. Section thirty-three. Section seventy-seven, frorxi "corrupt practice" down to "or personation," and from "canvasser" down to "candidate at a muni- cipal election." Section seventy-eight. Section seventy-nine. Section eighty. Section eighty-two. Section eighty-three. Section eighty-four. Section ninety-two, sub- section four, from " and those judges " down to the end of the sub-section. Section ninety-four, sub- sections five, six, seven, and eight. So much of section ninety- eight, sub-section two, as relates to the principles of taxation. THIRD SCHEDULE. PART I. Enactments defini?ig Corrupt Practices. — Enactments dcfinini; the Section 2. Offe7ice of Bribery. The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, sections 2 and 3. S. 2. The following persons shall be deemed guilty of bribery, and shall l)c punishable accordingly : — (I.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall ofkr, promise, or pr(jmise to procure or endeavour to procure, any money or valual)]e consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as Y Biibery defined. 354 INCORPORATED ENACTMENTS. [APP. 47 & 48 Vict, c. 70. Third Sched. Bribery further defined. Corrupt payment of rates to be punishable as bribery. aforesaid on account of such voter having voted or refrained from voting at any election. (2.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure or endeavour to procure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election. (3.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement, as aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election. (4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure, or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election. (5.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election : Provided always, that the aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning any election. S. 3. The following persons shall also l)e deemed guilty of bribery, and shall he punishable accordingly : — (1.) Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employ- ment, for himself or for any other person, for voting or agreeing to vote, or from refraining or agreeing to refrain from voting at any election. (2.) Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable con- sideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refnin from voting at any election. The Representation of the People Act, 1867, 30 & 31 Vict. c. 102, s. 49. S. 49. Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at the future election, and any candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly ; and any person on whose behalf and with whose privity any such payment as in this section is mentioned is made, shall also be guilty of bribery, and punishable accordingly. Personation defined. Enactment defi7iing the Offence of Personatioti. The Ballot Act, 1872, 35 & 36 Vict. c. 33. s. 24. S. 24. A person shall, for all purposes of the laws relating to parliamentary and municipal elections, be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name. 'B.J CORRUPT AND ILLEGAL PRACTICES ACT, 1884. 355 Enactments definitig the Offences of Treating and Undue Influence. 47 .<; 4S Vict, c. 70. Third Sched. What is treating The Corrupt and Illegal Practices Prevention Act, 1S83, 46 & 47 Vict, c. 51. ss. I and 2. S. I. Any person who corruptly by himself or by any other person, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any meat, drink, entertain- ment, or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, • or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty ■of treating. And every elector who corruptly accepts or takes any such meat, drink, enter- 'tainment, or provision, shall also be guilty of treating. S. 2. Every person who shall directly or indirectly, by himself or by any other What is undue person on his behalf, make use of or threaten to make use of any force, violence, '"""^nce. •or restraint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in ■ order to induce or compel such person to vote or refrain from voting, or on account • of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any • election, shall be guilty of undue influence. Enactment defining the Offences of Bribery^ Treating^ Undue Influence and Personation. The Municipal Corporations Act, 1882,45 '^ 4^ Vict. c. 50. s. 77. S. 77. "Bribery," "treating," "undue influence," and "personation" include Definiiions. (respectively anything done before, at, after, or with respect to a municipal election, which, if done betoie, at, after, or with respect to a parliamentary election, would •make the person doing the same liable to any penalty, punishment, or disqualifica- ■ tion for bribery, treating, undue influence, or personation, as the case may be, 1 under any Act for the time being in force with respect to parliamentary elections. PART II. Efiactinents relating to Disqualificatioti of Electors. The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. c. 51, sections 37 and 38. S. 37. Every person who, in consequence of conviction or of the report of any ■ election court or election commissioners under this Act, or under the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the Municipal 'Corporations Act, 1882, or under any other Act for the time being in force relating to corrupt practices at an election for any public office, has become incajiable of voting at any election, whether a parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. S. 38. (i.) Before a j^erson, not being a )iarty to an election petition nor a candidate on behalf of whom the seat is claimed by an election jietition, is reported by an election court * * * to have been guilty, at an election, of any corrujit ■or illegal practice, the court « * * shall cause notice to be given to such person, and if he appears in pursuance of the notice, shall give him an (>i)pnrliniity of being heard by himself and of calling evidence in his defence to show why he : should not be so reported. ******* (5.) Every person who, after the commencement of this Act, is rcjiorled by any Y 2 Section 23. Prohibition of disqualified persons fioni voting. 35 >S: 36 Vict. c. 60. 45 .S: 46 Vict. c. 50. Hearing of person before he IS reported Knilly of corrupt or illegal practice and incapacity of person reported guilty. 356 INCORPORATED ENACTMENTS. [app. 47 & 48 Vict, r. 70. Third Sched. election court * * * to have been guilty of any corrupt or illegal practice at' an election, shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty * * * (6. ) Where a person who is a justice of the peace is reported by any election court * * *" to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to report the case to the Lord High Chancellor of Great Britain, with such evidence as may have been given of such corrupt practice, and where any such person acts as a justice of the peace by virtue of his being or having been a mayor of a borough, the Lord High Chancellor shall have the same power to remove such person from being a justice of the peace as if he was named in a commission of the peace. (7.) Where a person who is a barrister or a solicitor, or who belongs to any profession the admission to which is regulated by law, is reported by any election court * *■ * to have been guilty of any corrupt practice in reference to an election, whether such person has obtained a certificate of indemnity or not, it shall be the duty of the Director of Public Prosecutions to bring the matter before the Inn of Court, Pligh Court, or tribunal having power to take cognizance of any mis- conduct of such person in his profession, and such Inn of Court, High Court, or tribunal may deal with such person in like manner as if such corrupt practice were- misconduct by such person in his profession. (8. ) With respect to a person holding a license or certificate under the Licensing Acts (in this section referred to as a licensed person), the following provisions shall' have effect : — (a.) If it appears to the court by which any licensed person is convicted of the offence of bribery or treating that such offence was committed on his licensed premises, the court shall direct such conviction to be entered in the proper register of licenses : {d.) If it appears to an election court * * * thjit a licensed person has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises, such court * * * (subject to the pro- visions of this Act as to a person having an opportunity of being heard by himself and producing evidence before being reported (shall report the same ; nd, whether such person obtained a certificate of indemnity or not, it shall" be the duty of the Director of Public Prosecutions to bring such report before the licensing justices from whom or on whose certificate the licensed person obtained his license, and such licensing justices shall cause such report to be entered in the proper register of licenses : (f. ) Where an entry is made in the register of licenses of any such conviction of or report respecting any licensed person as above in this section mentioned, it shall be taken into consideration by the licensing justices in determining whether they will or will not grant to such person the renewal of his license- or certificate, and may be a ground, if the justices think fit, for refusing such renewal. Section 21. FOURTH SCHEDULE. Form of Declaration by Candidate as to Expenses. I , having been a candidate at the election of councillor for the borough [or ward] of , on the day of [and my agents do herel^y solemnly and sincerely declare that I have paid ] for my expenses at the said election, and that, except as aforesaid, I have not, and to the best of my knovvledge and belief, no person, nor any club, society, or association, has on my behalf, made any "B.] CORRUPT AND ILLEGAL PRACTICES ACT, 1 884. 357 •payment, or given, promised, or offered any reward, office, employment, or valuable •consideration, or incurred any liability on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that, except as aforesaid, no money, security, or equivalent for money, has to my knowledge or belief been paid, advanced, given, or deposited by anyone to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further solemnly and sincerely declare that I will not at any future time make or be a party to the making or giving of any payment, reward, office, em- ployment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide or be a party to the providing of any money, security, •or equivalent for money for the purpose of defraying any such expenses, Signature of declarant Signed and declared by the above-named declarant on the ■ of , before me. (Signed) E.F. Justice of the Peace for 47 & 48 Vict. c. 70. Fourth .Sched. CD. day THE ALLOTMENTS ACT, 1887. L50 & 51 Vict. Ch. 48.] An Act to facilitate the provisions of Allotments for the Labouring Classes. \\(ith September, 1887.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Tarliament assembled, and by the authority of the same, as follows : Sect. 1. This Act may be cited as the Allotments Act, 1887. Short title. Sect. 2. — (i.) On a representation in writing to the sanitary authority of any Duty of sanitary urban or rural district by any six registered parliamentary electors or ratepayers authority to resident, in the case of an urban district, in that district, and, in the case of a rural acquire land for district, in some parish in that district, that the circumstances of the urban district ^"o"^^"'^- • or parish are such that it is the duty of the sanitary authority to take proceedings •under this Act therein, the sanitary authority shall take such representation into • consideration. If the sanitary authority of any urban or rural district are of ojiinion, either after inquiry made in consequence of such representation or otherwise, that there is a demand for allotments for the labouring population in such urban district, or in any parish in such rural district, and that such allotments cannot be obtained at a reasonable rent and on reasonable conditions by voluntary arrangement between the owners of land suitable for such allotments and the applicants for the same,, the ^sanitary authority, subject to the provisions of this Act, shall by purchase or hire .acquire any suitaljle land which may be available, whether within or without their • district or the said parish, adequate to provide a sufficient numljcr of allotments, and shall let such land in allotments to persons belonging to the lal)ouring popula- ■,tion resident in the said district or [larish and desiring to take the same. (2,,) A sanitary authority shall not under this Act acciuire land for allotments :3ave al such price or rent that in the opinion of the sanitary authority all expenses, •except such expenses as are incurred in making roads to l)e used by the public, incurred by the sanitary authority in acquiring the land and otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof. 358 INCORPORATED ENACTMENTS. APR. 50 & SI Vict. Pq^ ).]^g purpose of this section, the expression " reasonable rent " means the ■ !_!_' ^' rent, exchisive of rates, taxes, and tithe rentcharge which a person taking an allot- ment might reasonably be expected to pay, taking one year with another, to a land- lord, having regard to the value of similar land in the neighbourhood, to the extent and situation of the allotment, to the expenses of adapting the land to the purposes of the allotment, and to the repairs and other outgoings payable by the landlord, and to the costs and risk of collecting the rents of, and otherwise managing, allotments. Acquisition of land for purposes of Act. 8 & 9 Vict. c. 18. Sect 3— (4-) Provided that — {a.) Any question of disputed compensation shall be referred to the arbitration of a single arbitrator appointed l)y the parties, or if the parties do not concur in the appointment of a single arbitrator, then, on the application of either of them, by the Local Government Board, and the remuneration to be paid to the arbitrator appointed by the Local Government Board shall be fixed by that Board : (/'.) If an arbitrator appointed for the purposes of this Act dies or becomes- incapable to act before he has made his award, or fails to make his award within two months after he is appointed, his appointment shall determine, and the determination of the compensation shall be referred to another arbitrator appointed in like manner as if no arbitrator had been previously appointed i Provided always, that the same arbitrator may be re-appointed : {c.) An arbitrator appointed under this section shall be deemed to be an arbitrator within the meaning of the Lands Clauses Consolidation Act, 1845, ^'^'^ ^^^^ Acts amending the same, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and, further, the arbitrator, notwith- standing anything in the said Acts, shall determine the amount of the costs and shall have power to disallow as costs ir the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs- which he considers to have been incurred unnecessarily. (5.) In construing for the purposes of this sectionany section or Acts incorporated with this section, this Act, together with any Act confirming a provisional order under this section, .shall be deemed to be the special Act, and the sanitary authority shall be deemed to be the local authority or the promoters of the undertaking, as the case requires, and the word " land " shall have the same meaning as in this Act. (6.) Where land is purchased by a sanitary authority under this Act otherwise than by agreement, the following provisions sliall apply : (a) The county authority shall not make a provisional order for purchasing any park, garden, pleasure-ground, or other land required for the amenity or con- venience of any dwelling-house, or any land the property of a railway or canali company which is or may be required for the purposes of the undertaking : (/'. ) The county authority .shall, in making a provisional order for purchasing^ land, have regard to the extent of land held in the neighbourhood by any owner and to the convenience of other property belonging to the same owner, and shall so far as is practicable avoid taking an undue or inconvenient, quantity of land from any one owner. (7.) For the purpose of the hiring of land by a sanitary authority for allotments,, any person, or body of persons or body corporate authorised to sell kind to the sanitary authority for the purposes of this Act may, without prejudice !©• any other power of leasing, lease land to the sanitary authority, without any fine orpnemium,, for a term not exceeding thirty-five years. (8.) The county authority shall not make a Provisional Order for purchasing any/ richt to coal or metalliferous ore. Improvement and adaptation of land for allotments. Sect. 5. The sanitary authority may improve any land acquired by them under this Act, and adapt the same for letting in allotments, by draining, fencing and B.] THE ALLOTMENTS ACT, 1 887. 359 dividing the same, acquiring approaches, making roads, and otherwise, as they 5° & 51 Vict. think tit, and may from time to time do such things as may be necessary for main- '^' 48>s. =;• taining such drains, fences, approaches, and roads, or otherwise for maintaining the allotments in a proper condition. Sect. 6. — (i.) Subject to the provisions of this Act, the sanitary authority may Management of from time to time make, revoke, and vary such regulations as appear to be necessary ^''°'"^^"t^- or proper for regulating the letting of allotments under this Act, and for preventing any undue prei'erence in the letting thereof, and generally for carrying the provisions of this Act into effect ; and such regulations may define the persons eligible to be tenants of such allotments, and the notices to be given for the letting thereof, and the size of the allotments, and the conditions under which they are to be cultivated, and the rent to be paid for them. Provided that all such regulations shall make provision for reasonable notice to be given to a tenant of any allotment of the deter- mination of his tenancy. Provided also, that all regidations made under this section shall not be of any force unless and until they have been confirmed by the Local Government Board, in like manner and subject to the like provisions as in the case of byelaws under the Public Health Act, 1875. (2. ) All regulations for the time being in force under this section shall be binding -jS & 39 Vict on all persons whatsoever ; and the sanitary authority shall cause them to be from ^- 55- time to time made known, in such manner as the sanitary authority think fit, to all persons interested, and shall cause a copy thereof to be given gratis to any inhabitant of the district or parish demanding the same. (3.) Subject t"> the provisions of this Act the sanitary authority may from time to time appoint, and when appointed, remove allotment managers of land acquired under this Act for allotments, and such allotment managers shall consist either partly of members of such authority and partly of other persons, or wholly of other persons, so that in either case such other persons be persons residing in the locality and contributing to the rate out of which the expenses under this Act are paid. (4.) The proceedings and powers ol allotment managers shall be such as, subject to the provisions of this Act, may be prescribed from time to time by the sanitary authority ; the allotment managers may be empowered by the sanitary authority to do anything in relation to the management of such allotments which the sanitary authority are authorised to do, and to incur expenses to such amount as the sanitary authority prescribe, and any expenses properly so incurred shall be deemed to be expenses of the sanitary authority under this Act. Sect. V. — (i-) The rents of the allotments shall be fixed at an amount not less than such as may reasonably be expected to ensure the sanitary' authority from loss ; but in calculating such loss any expenses incurred in an unsuccessful attempt to acquire land for allotments shall be excluded and, subject as aforesaid, such rents may be from time to time charged as are reasonable, having regard to the agri- cultural value of the land, and not more than a quarter's rent shall be required to be paid m advance in any case where it is deemed necessary by the sanitary authority to require the payment of rent in advance. (2.) The sanitary authority shall, for the purposes of all rates, taxes, and tithe rentcharge, be deemed to be the occupiers of the allotments which are let, but they shall cause the sums from time to time paid by way of rates, taxes, and tithe rentcharge in respect of the allotments to be apportioned among them, and cause the sum so apportioned in respect of each allotment to be certified to the tenant tliereof, and such sum shall be added to the rent otherwise payable by the sai. ) the division thereof or the union thereof with any other such district or urban districts, districts, parish or parishes, or the transfer of part of a parish to another parish ; (c. ) the conversion of any such district or part thereof, if it is a rural district, intO' an urban district, and if it is an urban district, into a rural district, or the transfer of the whole or any part of any such district from one district to another, and the formation of new urban or rural districts ; (d. ) the division of an urban district into wards ; and {e.) the alteration of the number of wards, or of the boundaries of any ward, or of the number of members of any district council, or of the apportionment of such members among the wards, the county council may cause such inquiry to be made in the locality, and such notice to be given, both in the locality, and to the Local Government Board,. Education Department, or other Government department as may be prescribed,, and such other inquiry and notices (if any) as they think fit, and if satisfied that such proposal is desirable, may make an order for the same accordingly. (2.) Notice of the jjrovisions of the order shall be given, and copies thereof shall be supplied in the prescribed manner, and otherwise as the county council think fit, and if it relates to the division of a district into wards, or the alteration of the number of wards or of the boundaries of a ward, or of the number of the members of a district council, or of the apportionment of the members among the wards, shall come into oj)eration upon being finally approved by the county council, (3.) In any other case the order shall be submitted to the Local Government Board ; and if within three months after such notice of the provisions of the order as the Local Government Board determine to be the first notice, the council of any district affected by the order, or any number of county electors registered in that district or in any ward of that district, not l)eing less than one-sixth of the total number of electors in that district or ward, or if the order relates only to a parish, any number of county electors registered in that parish, not being less than one- sixth of the total number of electors in that parish, petition the Local Government Board to disallow the order, the Local Government Board shall cause to be made a local inquiry, and determine whether the order is to be confirmed or not. (4,) If any such petition is not presented, or being presented is withilrawn, llu- Local (jovernment Board shall confirm the order. (5.) The Local Government Board, on confirming an order, may make such modifications therein as they consider necessary for carrying into effect the objects of the order. (6.) An fjrder under this section, when confirmed by the Local (iovernmeni Board, shall be forthwith laid upon the table of both Mouses of Parliament, if 3^4 INCORPORATED ENACTMENTS. [app. 51 & 52 Vict. c. 41, s. 57. Additional power of Local Government Board as to Parliament be then sitting, and, if not, forthwith after the then next meeting of Parliament, (7.) This section shall be in addition to, and not in derogation of, any power of the Local Government Board in respect of the union or division or alteration of parishes. Sect. 58. The Local Government Board, where it appears expedient so to do with reference to any poor law union which is situate in more than one county, instead of dissolving the union may by order provide that the same shall continue to be one union for the purposes of indoor paupers or any of those purposes, and shall be divided into two or more poor law unions for the purpose of outdoor relief, and may by the order make such provisions as seem expedient for deter- mining all other matters in relation to which such union is to be one union or two or more unions. Supplemental provisions as to alteration of areas. Sect. 59. — (i.) a scheme or order under this Act may make such administrative and judicial arrangements incidental to or consequential on any alteration of boundaries, authorities, or other matters made by the scheme or order as may seem expedient. (2.) A place which is part of an administrative county for the purposes of this Act shall, subject as in this Act mentioned, form part of that county for all pur- poses, whether sheriff, lieutenant, custos rotulorum, justices, militia, coroner, or others ; Provided that — («.) Notwithstanding this enactment, each of the entire counties of York, Lincoln, Sussex, Suffolk, Northampton, and Cambridge shall continue to be one county for the said purposes so far as it is one county at the passing of this Act ; and (/'.) This enactment shall not affect the existing powers or privileges of any city or borough as respects the sheriff, lieutenant, militia, justices, or coroner ; but, if any county borough is, at the passing of this Act, a part of any county for any of the above purposes, nothing in this Act shall prevent the same from continuing to he part of that county for that purpose ; and {c. ) This enactment shall not affect parliamentary elections nor the right to vote at the election of a member to serve in Parliament, nor land tax, tithes, or tithe rentcharge, nor the area within which any bishop, parson, or other ecclesiastical person has any cure of souls or jurisdiction. (3. ) For the purposes of parliamentary elections, and of the registration of voters for such elections, the sheriff, clerk of the peace, and council of the county in which any place is comprised at the passing of this Act for the purpose of parliamentary elections shall, save as otherwise provided by the scheme or order, or by the County 5i&S2Vict. do Electors Act, 1S88, or this Act, continue to have the same powers, duties, and liabilities as they would have had if no alteration of boundary had taken place. (4.) Any scheme or order made in pursuance of this Act may, so far as may seem necessary or proper for the purposes of the scheme or order provide for all or any of the following matters, that is to say, — (a.) may provide for the abolition, restriction, or establishment, or extension of the jurisdiction of any local authority in or over ar.y part of the area affected by the scheme or order, and for the adjustment or alteration of the boundaries of such area, and for the constitution of the local authorities therein, and may deal with the powers and duties of any council, local authorities, quarter sessions, justices of the peace, coroners, sheriff, lieutenant, custos rotulorum, clerk of the peace and other officer therein, and with the costs of any such authorities, sessions, persons, or officers aforesaid, and may determine the status of any such area as a component part of any larger area, and provide for the election of representatives in such area, and may extend to any altered area the provisions of any local Act which were previously in force in a portion of the area ; and (/'.) may make temporary provision for meeting the debts and liabilities of the B.] THE LOCAL GOVERNMENT ACT, 1 888. 365 various authorities affected by the scheme or order, for the mana) to state an award as to the whole or part thereof in the f(jrm of a special case for the opinion of the Court ; and {c) to correct in an award any clerical mistake or error arising from any acciden- tal slip or omission. Sect. 8. Any party to a submission may sue out a writ of subpivna ad witnesses may testificandum, or a writ of subpoena duces tecum, but no person shall becomiiclled be summoned under any such writ to produce any document which he coidd not be ccim])elle(l to !■>■ subixrna. produce on the trial of an action. to supply vacancy. 36S INCORPORATED ENACTMENTS. [APR. 52 & S3 Vict. c. 49, s. 9. Power to enlarge time for making award. Power to remit award. Power to set aside award. Enforcing award Sect. 9. The time for making an award may from time to time be enlarged by- order of the Court or a judge, whether the time for making the award has expired or not. Sect. 10.- (I.) In all cases of reference to arbitration the Court or a judge niay^ from time to time remit the matters referred, or any of them, to the reconsideratioa of the arljitrators or umpire. (2.) Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order. Sect. 11. — (l.) Where an arbitrator or umpire has misconducted himself, the Courf may remove him. (2.) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside. Sect. 12. An award on a submission may, by leave of the Court or a judge, be enforced in the same manner as a judgment or order to the same effect. ReTerence for report. Power to refer rertain cases. Powers and remuneration of referees and arbitrators. Court to liave powers as in references by consent. Court of Appeal to have powers of court. References nnder Order of Coi/rf. Sect. 13. — (i.) Subject to Rules of Court and to any right to have particular cases tried by a jury, the Court or a judge may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee. (2.) The report of an official or special referee may be adopted wholly or partially i)y the Court or a judge, and if so adopted may be enforced as a judgment or order to the same effect. Sect. 14. In any cause or matter (other than a criminal proceeding by the Crown), — (a.) If all the parties interested who are not under disability consent ; or, {b. ) If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court or a judge conveniently be made before a jury or conducted by the Court through its other ordinarj' officers ; or, (c. ) If the question in dispute consists wholly or in part of matters of account ; the Court or a judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the Court. Sect. 15. — (i. ) In all cases of reference to an official or special referee or arbi- trator under an order of the Court or a judge in any cause or matter, the official or .special referee or arbitrator shall be deemed to be an officer of the Court, and shall have such authority, and shall conduct the reference in such manner as may be- prescribed by Rules of Court, and subject thereto as the Court or a judge may direct. (2.) The report or award of any official or special referee or arbitrator on any such reference shall, unless set aside by the Court or a judge, be equivalent to the verdict of a jury. (3. ) The remuneration to be paid to any special referee or arbitrator to whom any matter is referred under order of the Court or a judge .shall be determined by the Court or a judge. Sect. 16. The Court or a judge shall, as to references under order of the Court or a judge, have all the powers which are by this Act conferred on the Court or a judge as to references by consent out of Court. Sect. 17. Her Majesty's Court of Appeal shall have all the powers conferred by this Act on the Court or a judge thereof under the provisions relating to refer- ences under order of the Court. B.] THE ARBITRATION ACT, 1 889. 569 :&53 • 49> Vict. Power to compel attendance of witness in any part of the United Kingdom and to order habeas corpus to issue. General. Sect. 18. — (i.) The Court or a judge may order tl.at a writ of subprena ad testificandum or of subpoena duces tecum shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever he may be within the United Kingdom. (2.) The Court or a judge may also order that a writ of habeas corpus ad testifi- candum shall issue to bring up a prisoner for examination before an official or special referee, or liefore any arbitrator or umpire. Sect. 19. Any referee, arbitrator, or umpire may at any stage of the proceed- Statement of ings under a reference, and shall, if so directed by the Court or a judge, state in case pending the form of a special case for the opinion of the Court any question of law arising in the course of tlie reference. Sect. 20. Any order made under this Act may be made on such terms as to Costs, costs, or otherwise, as the authority making the order thinks just. Sect. 21. Provision may from time to time be made by Rules of Court for Exercise of conferring on any master, or other officer of the Supreme Court, all or any of the poweis by jurisdiction conferred by this Act on the Court or a judge. ot'her^offi^cers. Sect. 22. Any person who wilfully and corruptly gives false evidence before Penalty for any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had Pf^nury- been given in open court, and may be dealt with, prosecuted, and punished accordingly. Sect. 23. This Act shall, except as in this Act expressly mentioned, apply t(j any arbitration to which Her Majesty the Queen, either in right of the Crown, or of the Duchy of Lancaster or otherwise, or the Duke of Cornwall, is a party, but nothing in this Act shall empower the Court or a judge to order any proceed- ings to which Her Majesty or the Duke of Cornwall is a party, or any question or issue in any such proceedings, to be tried before any referee, arbitrator, or officer without the consent of Her Majesty or the Duke of Cornwall, as the case may be, or shall affect the law as to costs payable by the Crown. Sect. 24. This Act shall apply to every arbitratii)n under any Act passed -Application of before or after the commencement of this Act as if the arbitration were pursuant to ^^^^^ l^^l^^^" a submission, except in so far as this Act is inconsistent w^ith the Act regulating powers'. ' the arliitration or with any rules or procedure authorised or recognised by that Act. Sect. 25. This Act shall not affect any arbitration pending at the commence- Saving for meat of this Act, but shall apply to any arbitration commenced after the com- pt^ndmg mencement of this Act under any agreement or order made before the com- mencement of this Act. Crown to be bound. Sect. 27. In this Act, unless the contrary intention ajipears, — " .Submission " means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. " Court " means Her Majesty's High Court of Justice. "Judge " means a judge of Her Majesty's High Court of Justice. " Rules of Court" means the Rules of the Supreme Court made by the proper authority under the Judicature Acts. Definitions Z7^ INCORPORATED ENACTMENTS. [aPP. s^V^y''^'- SCHEDULES. c. 49. First Sched. ThE FiRST SCHEDULE. Frovisiotis to be itiiplied in Submissions. [a) If no other mode of reference is provided, the reference shall be to a single arbitrator. (/') If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award. ((") The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award. ((/) If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire a notice in writing, stating that they cannot agree, the umpire may forth- with enter on the reference in lieu of the arbitrators. (e) The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award. (/) The parties to the reference, and all persons claiming through them respec- tively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire, all books, deeds, papers, accounts, writings, and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require. (g) The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath or affirmation. (/i) The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively. (i) The costs of the reference and award shall be in the discretion of the arbitra- tors or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client. THE ALLOTMENTS ACT, 1890. [53 <^^^ 54 Vict. Ch. 65.] Ah Act to provide for an Appeal from a Sanitary Authority failing to carry into effect the Allotments Act, i88y. \i8th August, 1 8 go.'] BE It enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords .Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : B.] THE ALLOTMENTS ACT, 189O. 37I Sect. 1. This Act shall be construed as one with the Allotments Act, 1887 (in 53 & 54 Vici. this Act referred to as the principal Act), and the principal Act and this Act may *"" ^^' " ' '" be cited together as the Allotments Acts, 1887 and 1890, and this Act may be cited Construction and as the Allotments Act, 1890. short title. 50 & 51 Vict. Sect. 2. — ^(i.) Where such representation as is authorised by section 2 of the '^- *^- principal Act has been made to the sanitary authority with respect to any district or Appeal to county parish, not being within the limits of a borough as defined by the Alunicipal *:o""cil by per- Corporations Act, 1882, and any six persons qualified to make such representation make^represenui- consider that the circumstances of the district or parish are such as to make it the tion to sanitary- duty of the sanitary authority to take proceedings under that Act therein, and that •'"'hority. the sanitary authority have failed to acquire land adequate and suitable in cjuality 1^ and position to provide a sufficient number of allotments, such persons may petition the county council of the county in which such district or parish is situate, stating the facts and requesting the council to put into force the principal Act for the purpose ot providing a sufficient number of allotments for the district or parish. (2.) The council, if satisfied by the inquiry herein-after mentioned that the circumstances are such that land for allotments should be acquired, shall pass a resolution to that effect, and thereupon the powers and duties of the sanitary authority under the principal Act, so far as regards that district or parish, shall be transferred from thesanitary authority to the county council, and the county council, in substitution for the sanitary authority, shall proceed to acquire land in accord- ance with the principal Act, and otherwise execute that Act in the said district or parish. Provided that this section shall not affect the property in, or any powers or duties of the sanitary authority in relation to, any land which before the passing of the said resolution was acquired by the sanitary authority under the principal Act. Sect. 3. — (I.) For the purposes of this Act or the principal Act every county Standing council, as soon as is conveniently practicable after the passing of this Act, and Committee. annually thereafter at the meeting for the election of chairman, shall appoint under the Local Government Act, 1888, a standing committee not exceeding one fourth 51 ^ 52 Vict, of their whole body. i^- 4»- (2.) For the purpose of any business under this Act relating to any district or parish wholly or partly situate in an electoral division, the county councillor repre- senting that division shall, if not already appointed, be an additional member of the committee. (3.) Any petition under this Act shall as of course, and without any order of the ■council, be referred to the standing committee, who, on being satisfied of the bona fides of the application, shall forthwith cause a local inquiry into the circumstances to be made, and shall report the result to the council. (4.) An inquiry under this Act or the principal Act shall be held by such one or more members of the standing committee, or such officer of the county council or other person as the standing committee may appoint to hold the same. Sect. 4. Where the powers of the sanitary authority under the principal Act .Supplemental are, by virtue of this Act, transferred to the county council, the following provisions provisionson shall have effect : — council aciiuiring {a) The principal Act shall ai^ply with the modifications necessary for giving ['^.^^^"^^^'^"v' effect to this Act : {d) The county council may borrow for the purposes of this Act sul)ject to the conditions, in the manner, and on the security of the rate, subject to, in, and on the security of which the sanitary authority might have borrowed imder the principal Act, if thisAct had not been passed. The council shall have power to charge the said rate with the repayment of the jmncipal and interest of the loan ; and such loan with the interest thereon shall be rei)ai(l by the .sanitary authority in like manner, and such charge shall have the like effect as if the loan were lawfully raised and charged on that rale by the sanitary authority ; / 2 372 INCORPORATED ENACTMENTS. [APP. 53 & 54 Vict. c. 65, s. 4. 51 & 52 Vict, c. 41. 38 & 30 Vict. L-- 55- Use of school- room free of charge. Expenses (c) The county council shall keep separate accounts of all receipts and expenditure under this Act, and, in the application of sub-section 6 of section 10 of the principal Act, the Local Government Act, 18S8, shall be substituted for the Public Health Act, 1875 = (d) The county council may make a provisional order for the purchase of land on the recommendation of the standing committee, without any petition from the sanitary authority, and the council shall be considered as the promoters of the order : (e) The county council may delegate to the sanitar)' authority any powers under section six, section seven, or section eight of the principal Act (which sections relate to the management of the allotments, and the letting and use thereof, and the recovery of the rent and of possession thereof) ; and, subject to the terms of the delegation, all expenses and receipts arising in the exercise of the powers so delegated shall be paid and dealt with as expenses and receipts of the sanitary authority under the principal Act : (/) The coanty council, on the request of the sanitary authority, may, by order under their .seal, transfer to that authority all or any of the powers, duties, property, and liabilities vested in and imposed on the council by virtue of this Act as regards the district of such authority or any part thereof, and the property so transferred .shall be deemed to have been acquired by that authority under the principal Act, and that authority shall act accordingly. Sect. 5. Any room in a school receiving a grant out of moneys provided by Parliament may, except during ordinary school hours, be used free of charge for the purpose of an inquiry under this Act, or for the purposes of this Act by the county council or any committee appointed under this Act, or, with the consent of any two managers, for the purpose of holding public meetings to discuss any question relating to allotments under this Act or the principal Act, but any damage done to the room and any expense incurred by the person or persons having control over the room on account of its being so used shall be paid by the county council or by the persons calling the meeting. Nothing in this section shall give any right to hold a public meeting in a school- room (a) unless not less than six days before the meeting a notice of the intention to hold the meeting on the day and at the time specified in the notice, signed by the persons calling the meeting, being not less than six in number, and being persons qualified to make a representation to the local authority under the principal Act, has been given, if the school is under a school board, to the clerk of the board, and in any other case to one of the managers of the school ; nor (/>) if the use of the schoolroom on the said day and at the said time has previously to the receipt of the notice cf the meeting been granted for some other jnirpose ; but in that case the clerk or manager, or some one on his behalf, shall forthwith after the receipt of the notice, inform in writing, one of the persons signing it that the use of the school has been so granted for some other purpose, and name some other day on which the schoolroom can be used for the meeting. If the persons calling the meeting fail to obtain the use of a schoolroom under this section, they may appeal to the standing committee under this Act, and the committee shall forthwith decide the appeal and make such order respecting the use of the room as seems just. Sect. 6. — {!•) AH expenses incurred by the county council in executing the principal Act or this Act in any district or parish on default of a sanitary authority, or incurred by the council in or incidentally to a local inquirj- under this Act, shall be paid in the first instance out of the county fund as for general county purposes, and, unless defrayed out of moneys received by the council in respect of any land acquired under this Act otherwise than by sale or exchange, or out of money borrowed as before in this Act mentioned, shall when the powers and duties of the sanitary authority under the principal Act are transferred to the county counc;l in c. 65, s. 6. B.] THE ALLOTMENTS ACT, 189O. 373 pursuance of this Act, be repaid to the county council as a debt by the sanitary ^■*^^?*^'^'' authority. (2.) All sums payable by a sanitary authority in pursuance of this Act shall be defrayed in like manner as expenses under the principal Act are required to be defrayed, save that in the case of a rural authority they shall, with the exception of the principal and interest of any money borrowed, or the rent of any land hired by the county council be charged as general expenses. (3.) All sums received by a county council in respect of any land acquired under this Act otherwise than from any sale or exchange, in so far as they are not required for the payment of expenses incurred by them in respect of such land, shall be paid to the sanitary authority, and in the case of a rural sanitary authority shall be credited to the parish on account of which the land was acquired. 374 OFFICIAL CIRCULARS AND ORDERS. [APr. Appendix C. ORDERS and CIRCULARS issued by the LOCAL GOVERNMENT BOARD. 24,683 Local Government Act, i888. {\/i,th September, \Z%<:i.) Regulations as to Inquiries and Notices under Section 57. Co tl)e COUnt|) COUnnlS for the several Administrative Counties in England and ^^'ALES ; — And to all others whom it may concern. WHEREAS by Sub-sections (i), (2), and (3) of Section 57 of the Local Government Act, 1888, it is enacted as follows : — " 57, — (i.) Whenever a county council is satisfied that a prim& 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 following things, that is to say, — " («) the alteration or definition of the boundary thereof ; *'(/') the division thereof or the union thereof with any other such district "or districts, parish or parishes, or the transfer of part of a parish to " another pr.rish ; " (c) the conversion of any such district or part thereof, if it is a rural district, *' into an urban district, and if it is an urban district, into a rural district, " or the transfer of the whole or any part of any such district from one " district to another, and the formation of new urban or rural districts ; " {d) the division of an urban district into wards ; and " (e) the alteration of the number of wards, or of the boundaries of any " ward, or of the number of members of any district council, or of the "apportionment of such members among the wards, ' the county council may cause such inquiry to be made in the locality, and ' such notice to be given, both in the locality, and to the Local Government ' Board, Education Department, or other Government department as may be ' prescribed, and such other inquiry and notices (if any) as they think fit, and ' if satisfied that such proposal is desirable, may make an order for the same ' accordingly. "(2.) Notice of the provisions of the order shall be given, and copies • thereof shall be supplied in the prescribed manner, and otherwise as the ' county council think fit, and if it relates to the division of a district into ' wards, or the alteration of the number of wards or of the boundaries of a ' ward, or of the number of the members of a district council, or of the ' apportionment of the members among the wards shall come into operation ' upon being finally approved by the county council. C] OFFICIAL CIRCULARS AND ORDERS. 375 "(3.) In any other case the order shall be submitted to the Local Order. "Government Board; and if within three months after such notice of the r — " provisions of the order as the Local Government Board determine to be the '^ ''■' " first notice, the council of any district affected by the order, or any number " of county electors registered in that district or in any ward of that district, " not being less than one-sixth of the total number of electors in that district " or ward, or if the order relates only to a parish, any number of county *' electors registered in that parish, not being less than one-sixth of the total '"number of electors in that parish, petition the Local Government Board to " disallow the order, the Local Government Board shall cause to be made "a local inquiry, and determine whether the order is to be confirmed or not." And whereas by Sub-section (4) of Section 87 of the said Act it is enacted that— " Where any matter is authorised or required by this Act to be prescribed, " and no other provision is made, declaring how the same is to be prescribed, " the same shall be prescribed from time to time by the Local Government " Board." And whereas in regard to the matters required by the said Section 57 to be prescribed no provision other than that contained in the said Section 87 is made, declaring how such matters are to be prescribed : NOW THEREFORE, We, the Local Government Board, in pursuance of the powers given to Us in that behalf, do, by this Our Order, and until We shall otherwise Direct, Prescribe and Determine as follows, with respect to the Inquiries to be made and the notices to be given for the purposes of the said Section 57 of the Local Government Act, 1888, the manner of giving such notices, and the several other matters to be prescribed and determined for the purposes of the said Section ; that is to say, — Article I. — (i.) Prior to any Order being made by a County Council inregard to a proposal for all or any of the things specified in Sub-section (i) of Section 57 of the Local Government Act, 1888, a local Inquiry, at which all persons interested may attend and be heard, shall be held in regard to the proposal as the Council may direct, either by a Committee of the County Council, or by some Person appointed by the County Council to hold such Inquiry. (2.) If the proposal relate to one or more County Districts, the said Inquiry shall be held at some convenient place in such District or in one of such Districts ; and if the proposal relate to a Parish or Parishes, the said Inc[uiry shall be held either in such Parish or in one of such Parishes, or at such place in the neighbour- hood as may, in the opinion of the Committee or Person by whom the Inquiry is to be held, be most convenient for the purpose. {3.) Before the day when the Inquiry is to be held, public notice of the purport of the proposal, and of the day, time, and place fixed for the Inquiry in regard to it, shall be given by the County Council by advertisement in two successive weeks in some local newspaper circulating in the locality to which the proposal relates. Article II. — At least fourteen days before the day when the Inquiry is to be held, a printed Notice of the purport of the proposal, and of the day, time, and place for the Intjuiry shall also be published in the manner herein-after described, and shall be sent to the several Government Departments and Local or other Authorities herein-after specified ; that is to say, — (i.) A copy of the said Notice shall be posted as a bill or placard in such jilaces in the County District or Districts or Parish or Parishes interested in the pro- posal as are ordinarily made use of for posting public or i)arochial notices. (2.) In any case where the proposal relates to the alteration of or other dealing with any Sanitary District, a cojiy of the Notice shall be sent by the County Council to the Sanitary Authority of such District. (3.) In any case where the proposal relates to the alteration of or other dealing with any Parish a co]iy of the Notice shall be sent by the f'oiinly Council to the Overseers of the Poor of such I'arisli ; lo the (uiardians of the Poor of l^G OFFICIAL CIRCULARS AND ORDERS. [APP. Order. the Union in which such Parish is comprised ; to the School Board (if any) 14 Sep" 8q ^""^ ^"^"^^ Parish or for any part thereof ; to the Highway Authority or Authorities of the Parish ; to the Burial Board (if any) for such Parish or for any part thereof ; and to the Urban Sanitary Authority (if any) in whose district such Parish or any part thereof is comprised. (4.) A copy of the Notice shall be sent by the County Council to any Local Authority which, in the opinion of the County Council, is specially interested in the proposal. (5.) A copy of every such Notice shall be sent by the County Council to the Local Government Board ; and in any case where the proposal relates to all or any of the things mentioned in paragraphs (a), (/'), and (r) of Sub-section (i) of Section 57 of the said Act, a copy of the Notice shall be sent by the County Council to the Public Works Loan Commissioners, the Director General of the Ordnance Survey at Southampton, and to the Registrar General ; and in any case where the proposal relates to the alteration or definition of the boundary of any Parish a copy of the Notice shall be sent to the Education Department. Article III. — Public notice of the provisions of any Order made by a County Council under Sub-section (l) of Section 57 of the said Act shall be given by the County Council by advertisement in two successive weeks in some local newspaper circulating in each District or Parish affected by the Order ; and the first of such advertisements shall be published within fourteen days after the making of the Order. The said advertisement shall contain either a copy of the Order or a statement of the effect of the Order, and shall also contain a statement of the time and place or places during and at which copies of the Order may be inspected by any owner or ratepayer in any area affected by the Order during a period of one month from the date of the first publication of such advertisement, and the Order shall be open for such inspection during such period. Article IV. — A copy of any Order made as aforesaid by a County Council shall, at any time while copies of the Order are open to inspection as aforesaid, and, in the case of an Order which requires to be confirmed by the Local Govern- ment Board, at any time before the confirmation of the Order by the Local Govern- ment Board, be supplied by the Clerk to the Council to any owner or ratepayer in any area affected by the Order, upon payment by such owner or ratepayer of a sum not exceeding threepence for each hundred words of manuscript if the copy ot the Order be in writing, or upon payment of a sum not exceeding threepence for a printed copy of the Order. Article V. — On or before the date of the first publication of the advertisement in pursuance of Article III. hereof of the provisions of any Order made as aforesaid, and, in the case of any such Order which does not require to be confirmed by the Local Government Board, one month at least before the Order is finally approved by the County Council under the said Sub-section (2) of Section 57 ot the said Act, three copies of the Order shall be forwarded to the Local Government Board and to each of the other Government Departments to whom a copy of the Notice of the Inquiry relative to the proposed Order was, by Article II. of this Order, required to be sent ; a copy of the Order shall also be sent to each of the Local or other Authorities to whom a copy of such notice was so required to be sent, and a copy shall also be posted in like manner as the Notice of the Inquiry was, in pursuance of the same Article, required to be posted. Article VI. — The first advertisement in pursuance of Article III. hereof of the provisions of any Order made by a County Council under the said Sub-section (l) of Section 57 of the said Act shall be deemed to be the " first notice " for the purposes of Sub-section (3) of that .Section. C] OFFICIAL CIRCULARS AND ORDERS. 377 Article VII. — The expression " County Council " in this Order shall indude Order, a Joint Committee appointed under .Section 8 1 of the said Act by any County ^ j^~~ g Councils of Adminstrative Counties for the purpose of dealing under Section 57 of the said Ac: with a matter in which such Councils are jointly interested. Given under the Seal of Otifice of the Local Government Board, this Fourteenth day of September, in the year One thousand eight hundred and eighty-nine. L.s. CHAS. T. RITCHIE, President. HUGH OWEN, ■Secretarj'. Circular. To Guardians and Urban Sanitary Authorities other than Toivn Councils. Local Government Board, Whitehall, S.W., 5th March, 1894. Local Government Act, 1894. Sir, I am directed by the Local Government Board to draw attention to the provisions of the Local Government Act, 1894, which has this day received the Royal Assent, in so far as they affect the election of guardians and members of urban sanitary authorities during the present year. Under the Act, urban and rural district councils will take the place of urban and rural sanitary authorities, and parishes in any rural district will be represented on the board of guardians by the persons elected as rural district councillors, guardians as such being only elected in parishes in urban districts. The first elections under the Act of guardians and district councillors will be held on the 8th Novemlier next or on such later date or dates in the year 1894 as the Board may fix, and the persons elected will come into office on the second Thursday next after their election, or such other d.iy not more than seven days earlier or later as may be fixed by or in pursuance of rules made by the Board in relation to their election. Upon the day on which the first guardians and urban or rural district councillors elected under the Act come into office, the persons who are then members of boards of guardians or urban or rural sanitary authorities will cease to hold office ; but until that day the ]:)ersons who at the passing of the Act were guardians or members of urban sanitary authorities for districts other than boroughs will con- tinue in office notwithstanding any want of rpialirication, as if the term of office for which they were elected expired on that day, and except for the purpose of filling casual vacancies, or of electing additional guardians, where the number is increased, no further elections will be held. Hence, the guardians and members f)f urban sanitary authorities who would have gone out of office in April next but for the ])assing of the Act, will continue in office until Xovember and will then retire, and the elections which would other- wise have been held in April will not take place. No further steps, therefore, .should be taken with a view to any such election. I am, Sir, ^'our obedient .'Servant, \\V.(\\\ OWEN, .Secretary. The Clerk to the C;uareing elected or being a councillor. This provision is made applicable to members of the local board and the vestries and district boards, and to the auditors for parishes, by section 31 of the Act. In connection with the qualification of persons to be elected, reference should be made to the provisions relating to the disqualification of a person for being elected or being a member of a district council, contained in section 46 of the Act, which by sub-section (9) is made applicable in the case of any authority whose members are elected in accordance with the Act, in like manner as if that authority were a district council, and in the case of London auditors as if they were members of a district council. An election under the Act will be conducted according to rules to be frameil by the Local Covernment Board. (Section 23 (5) and section 48). If there is a poll it will have to be taken by ballot. Copies of the rules for regulating the elections will be forwarded to you when they are issued. The expenses of any election under the Act are not to exceed the scale fixed by the county council, but if at the beginning of one month before the first e'ection the county council have not framed a scale, the Board may do so, and the scale thus framed will apply to the first election and will have effect as if it had been made by the county council. (Section 48 (7) ). The Elections (Hours of Poll) Act, 1885, will ajjply to elections of members of vestries under the Metropolis Management Acts. (.Section 31 (i) ). .Sub-section (5) of section 48 provides that if any difficulty arises as respects the election of any individual member of the local board, or vestry, or auditor, and there is no j^rovision fcjr holding another election, the county council may order a new election to be held and give such directions as may be necessary for the purpose of holding the election. The Act also provides that if any difficulty arises with respect to the holding of the first election of members of the local board or any vestry, or of auditors, or to the first meeting of the local board or vestry, or if, from no election being held or an election being defective or otherwise, the first local board or vestry has not been pro])erly constituted or there are no auditors under the Metropolis Management Acts, 1855 to 1890, or an insufficient number, pro])erly elected, the county council may by order make any ai:>]iointmcnt or do anything which appears to them necessary or expedient f) every parish which at the passing of this Act is situate partly within and partly without a sanitary district ; and (c) every rural parish containing a population of less than 200 ; and (d) every rural sanitary district which at the passing of this Act has less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district ; and (e) Every rural parish which is co-extensive with a rural sanitary district ; every county council shall forthwith take into consideration every such case within their county ; and whether any proposal has or has not been made as mentioned in section 57 of the Local Government Act, 1888, shall as soon as practicable, in accordance with that section, cause inquiries to be made and notices given, and make such orders, if any, as they deem most suitable for carrying into effect the present Act in accordance with the following provisions namely : — (i.) The whole of each parish, and, unless the county council for special reasons otherwise direct, the whole of each rural district shall be within the same administrative county ; (ii.) The whole of each parish shall, unless the county council for special reasons otherwise direct, be within the same county district ; and (iii.) Every rural district which will have less than five elected councillors shall, unless for special reasons the county council otherwise direct, be united to some neighbouring district or districts. By sub-section (11) of section 36 it is provided that, where at the passing of the Act a rural sanitary district or parish is situate in more than one county, a joint committee of the councils of the several counties comprising the district or parish shall act under the section. The appointment l^y each county council of represen- tatives on the joint committee is to be made within two months after ref|ucst from any other of the councils interested. If any of the councils fail to appoint members of the conmiiltee within that period, the members actually appointed arc to act. Any question relating to the constitution or procedure of the joint connniltco as to which the councils concerned are unable to agree, is to be determined by the Board. The first case mentioned in section 36 is that of a parish in more than one administrative county. In many instances of this kind the rural district will also be in more than one county, and the Board have dealt with them later on, in their remarks on cases where the rural district is so situate. The county council will also liave to consider the case of any parisli which is not 390 OFFICIAL CIRCULARS AND ORDERS. [aPP. wholly contained within one sanitary district, and these cases include some in which the parish is in more than one county also. If at the passing of the Act, a parish is partly within and partly without a rural sanitary district, that is to say, is partly in such a district and partly in an urban district, and no action is taken by the county council prior to the appointed day, the parish will as from that date be divided by the Act, the part within the rural district and the part without being constituted separate parishes by sub-section (3) of section i. Where the part outside the rural district is comprised in more than one urban district, the provisions of sub-section (2) of section 36 referred to below will apply to it. If the rural part of the parish is deemed too small to form a separate parish, the county council should consider whether it could properly be united with some other rural parish. It would, however, be competent to the county council, if the circumstances justified it, by an order under section 57 of the Act of 18SS, to extend any urban district, not being a borough, containing part of the parish, so as to include the rural part of the parish. If a parish is situate in two or more urban districts, the part in each urban dis- trict will, unless the county council otherwise direct, and subject to any alteration of area made by or in pursuance of the new Act or of any other Act, become as from the appointed day, a separate parish. (Section 36 (2).) The county council can either alter the boundary betwee 1 the urban districts, if neither of them is a borough, so as to include the whole parish within one district, or direct that the parish and urban districts shall remain unaltered, but the latter course would be opposed to the general scheme of the Act, and can only properly be adopted where there are special reasons for it. These observations apply equally to the urban part of a parish situate partly in a rural and partly in two or more urban districts. In any case, such as those mentioned above, where the parish is situated partly in a borough, the boundary of the borough could be altered by an order of the Board under section 54 of the Local Government Act, 1888. The county council or a joint committee could not properly make an order which would place or leave a parish in more than one county. It would be inconsistent with the Local Govern- ment Act, 1888, that an urban district should be in more than one county. Where a parish is divided by the Act into two or more new parishes, sub-section (9) of section 36 directs that those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included, and sub-section (i) of section 79 directs that, subject to any order made by the county council, there shall be one guardian, and in the case of a new parish in a rural district, one district councillor for each of the new parishes. Many of the parishes which will be divided by the Act are at present entitled to more than two guardians, and not only in these cases, but in every other to which the above pro- vision applies, the county council may be called upon to make an order as to the future representation of the new parishes. The county council will have power to give names to the new parishes formed by the Act, although no order for any alteration of area has been made by them. (Section 55 (2) ) It is provided by sub-section (11) of section 79 of the new Act that the overseers of any parish divided by the Act shall, until the first appointment of overseers next after the appointed day, continue in office as if they were overseers of each part of the parish, which by reason of such division becomes a separate parish. The case of parishes with a population under 200 is dealt with under the head of Parish Councils. It is to be observed that when pirishes are divided, and new parishes are con- stituted by the Act, whether under section I (3) or section 36 (2), they are to be separate parishes in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same. The formation of parishes under the Acts referred to has no eftect as regards the constitution of school districts without the sanction of the Education Department. c] OFFICIAL CIRCULARS AND ORDERS. 391 M:ii Taking next the case of the rural sanitary districts situate in more than one Circular county, the Act provides that where any such district is on the appointed day situate in more than one administrative county, such portion thereof as is situate in each administrative county shall be as from that day a rural district, save as otherwise provided by or in pursuance of this or any other Act. (Section 24 (s)-) Unless, therefore, as regards any particular rural sanitary district not wholly com- prised within one county, a joint committee of the county councils interested for special reasons otherwise direct, the district will be divided by the Act. In a case where a rural sanitary district is in more than one county, but none of the parishes in the district overlap the boundary of any county, the first question for consideration will be whether any special reasons exist for directing that the district shall not be divided in the manner contemplated by sub-section (5) of section 24. The Act does not define what special reasons may be regarded as sufficient for interfering with the operation of that section, and the discretion of the joint committee of the county councils is, therefore, unfettered in that respect. If it is considered that there are special reasons for not dividing the district, but it is deemed expedient that the boundary between the counties should be altered so as to include the whole of the district within one county, this alteration can be effected by an order of the Board under section 54 of the Local Government Act, 1888. [See sub-section (5) of section 36 of the new Act.) If the division ofthe district is not interfered with, but the effect of it would be to create a rural district having less than five elective councillors, the case comes under paragraph (iii.) of suh-section (i) of section 36, which requires that any such district shall, unless for special reasons the county council otherwise direct, be united to some neighbouring district or districts. This applies also to rural districts having less than five elected councillors which already exist, irrespective of county boundaries. If the county council find that there are sufficient reasons for not uniting the district to some neighbouring district or districts, as, for instance, in a case where the severed part is entirely rural in character, and there is no other rural district within a convenient distance to which it could be united, they may make an order accordingly, and if the order is confirmed it will devolve on the Board, under sub-section (5) of section 24, to nominate members of the district council in order to make the number up to five, or to take some other action under that sub-section. If no special reasons to the contrary exist, the council must make an order uniting the district to some neighbouring district or districts. The Act does not require that the district should necessarily be united to another rural district ; and its provisions would apparently be complied with if the district were united to a neighbouring urban district, although usually, no doubt, the proper course wouKI be to unite it with a neighbouring rural district. The district might, however, be divided by order of the county council, part being added to one neighbouring district, and part to another. In any case where a new rural district is formed by the Act, and in any other case where there is any doubt as to the name of a rural district, tlie county council will have to direct what shall be the name of the district. Cases where a parish within a rural sanitary district overlaps the boundary of the county will be more complicated. In these cases arrangements must be made to prevent the overlapping ofthe county boundary by the parish, even if the rural district is allowed to be in more than one county. As a rule, it would seem in these cases that the parish should be divided by order of the county council, but the Act will admit of an alteration of the county boundary if that course seem.s expedient. It is to be borne in mind that the -Vet itself does not form separate parishes of the parts of a parish situate in different administrative counties. The division under sub-section {5) of section 24 of a rural sanitary district comprising such a parish will not affect the parish in this respect, but the parish will have to be divided by order of the county council, unless the county boundary is altered so as to include the whole ofthe ]>arish in one county. Where a parish is so divirled, 392 OFFICIAL CIRCULARS AND ORDERS. [APR. Circular. tiie order of the county council must contain directions as to the number of 24 Mar., 94. guardians and district councillors to be elected for each of the new parishes formed by the order. The alteration of a rural district by or in pursuance of the Act will not affect the area of the poor law union with which at present the district is co-extensive, or in which it is comprised, but where the alteration of a poor law union seems expedient by reason of any of the provisions of the Act, the county council are empowered by sub-section (6) of section 36, to provide by their order for such alteration. Where the alteration of the boundary of a county is deemed expedient for any the purposes mentioned in section 36, application should, as already indicated, be made t(5 the Board for an order under section 54 of the Local Government Act, 1888. If it is proposed that the boundary of a borough should be altered for these purposes a like application should be made. (Section 35 (5) ). Where the alteration of the boundary of any parish, or the division thereof, or the union thereof, or of part thereof with another parish, seems expedient for any of the purposes of the Act, provision for such alteration, division, or union, may be made by an order of the county council under section 57 of^ the Act of 18S8. (Section 36 (8) ), The provisions of section 59 of the Local Government Act, iSSS, will apply to any order for the purposes of the present Act that may be made under section 57 of that Act, and section 69 of the new Act provides that in any case where an altera- tion of any area is made by the Act, an order may be made by the county council, or, in the case of an area situate in more than one county, by a joint committee of county councils, for any of the matters mentioned in section 59 of the Act of 1888. Under these powers adjustments may be made of any property, debts, and liabilities affected by the alteration, and directions may be given for effecting any subsidiary arrangements rendered necessary by the alteration. Sub-section (12) of section 36 requires that every report made by the Boundary Conunissioners under the Local Government Boundaries Act, 1887, shall be laid before the council of any administrative county affected by that report, and before any joint committees of county councils. The sub-section further provides that it shall be the duty of the councils and joint committees to take these reports into consideration before framing any order under the powers conferred on them by the Act. The county council will not be bound to give effec' to the recommendations of the Commissioners, but the reports in question will be found to be of assistance in arriving at a decision in regard to any matter dealt with therein. II. — Parish Councils. Under section 3 of the Act the county council are required to fix the number <>l councillors to be elected for each rural parish which will have a parish council. The number is to be not less than 5 nor more than 15, and it should be fixed sufficiently early for proper arrangements to be made for the candidature of persons desirous of offering themselves for election at the first election. In any case where there is any doubt as to the name of the parish for which a parish council is elected, the name will be such as the county council, after con- sultation with the parish meeting, may direct. (Section 3 (9) ). The county council may be applied to by the parish council, or not less than one- tenth of the parochial electors of a parish, or before the appointed day by the vestry or a like number of the ratepayers of the parish, to divide the parish into wards for the purpose of electing parish councillors ; and on being satished that the area or population of the parish is so large, or different parts of the population so situated, as to make a single parish meeting for the election of councillors impracticable or inconvenient, or that it is desirable for any reason that certain parts of the parish should be separately represented on the council, the county council may make an order for the purpose. The order must fix the boundaries of the wards and the number of councillors to be elected for each ward. In making the order regard must be had to the population according to the last publisheil census for the time being, and to the evidence of any considerable change of c] OFFICIAL CIRCULARS AND ORDERS. 393 population since that census, and to area and to the distribution and pursuits of the Circular, population, and to all circumstances of the case. (Sections 18 and 84 (3) ). ^ -T Section i of the Act provides for the grouping of two or more parishes under a • ■ •> common parish council, subject to the proviso that parishes shall not be grouped without the consent of the several parish meetings. For this purpose the section enacts that an order may be made by the county council under Part III. of the Act. The county council may, with the consent of the parish meetings, make such an order either on their own initiative, or on the application of the parish meeting of any of the parishes proposed to be grouped. If any such application is made, it must be taken into consideration forthwith. (Section 38 (4) ). The whole of the parishes to be formed into a group, should, as a rule, be witliin the same county and county district, but if there are special reasons for grouping parishes in adjoining counties or county districts, the county council may depart from the rule. (Section 38 (2) ). The order must make provision for the name of the group, and as under section l each of the grouped parishes is to have a separate parish meeting, it must make any necessary provisions as to this also. It is further enacted that a grouping order shall provide for the election in manner provided by the Act of separate representatives of each parish on the parish council, and that it may provide for the consent of the parish meeting of a parish to any particular act of the parish council or for any other adaptations of the Act to the group of parishes, or to the parish meetings in the group. The mode of election of parish councillors is deter- mined by sections 3 and 48. Further, the grouping order must provide for the application of the provisions contained in sections 14 and 17 of the Act with respect to the appointment of trustees and beneficiaries of charities, and the custody of documents, so as to preserve the separate rights of each parish. The county council will be empowered to order the establishment of parish councils in rural parishes which, according to the Census of 1 89 1, have a popu- lation of not less than 300. (Section i). If in the case of a rural parish with less than 300 but more than loo inhabitants, the parish meeting so resolve, the county council must, by an order under Part III. of the Act, provide for the establishment of a parish council. In this case, the county council will have no alternative but to issue the order if the necessary resolution is passed. In regard to any rural parish with less than 100 inhabitants, the county council may issue an order establishing a parish council, if the parish meeting consent, but the parish will have no right to demand that a parish council should be established. The grant of a parish council will be in the discretion of the county council. Subject, however, to the necessity for oljtaining the consent of the parish meeting the county council may act in these cases on their own initiative ; but if the population of a parish is less than 200 the parish meeting may apply for a parish council under sub-section (4) of section 38, and any such application must forthwith be taken into consideration by the county council. Where a rural parish is co-extensive with a rural sanitary district sub-section (4) of section 36 provides that until the district is united to some other district or districts, and unless the county council otherwise direct, a separate election of a parish council shall not be held for the parish, but the tlistrict council shall in addition to their own powers have the powers of antl be deemed to be the parisli council. In these cases, therefore, it will rest with the county council to determine whether the rule laid down in the sub-sectitm should be (leparted from ; and in any such case it will be competent to the county council lo make an order directing that a parish council shall be elected for the parish. There is no special reason, however, why these cases should be dealt with before the first elections under the Act. III. — Guardians and District Councillors. Under section 60 of the Act, the county council will have power to fix or alter the number of guardians or rural district councillors to l^e elected for each parish within their ccninty, and it is provided that for those purjioses the council may 394 OFFICIAL CIRCULARS AND ORDERS. [APP. Ci rcula r. exercise powers of adding parishes to each other and dividing parishes into wards, 24 Mar. 94. similar to those which by the Acts relating to the relief of the poor are, for the purpose of the election of guardians, vested in the Board. The power to add parishes to each other for the purpose of the election of guardians is conferred on the Board by section 6 of the Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122). That section provides that the Board may add any parish in a union, the population of which does not exceed 300, and the aggregate rateable value of which does not exceed the average rateable value of the parishes in the same union, to some adjoining parish in the union for the purpose of the election of guardians. The county council will thus be able to add any such parish, if it is an urban parish, to any other urban parish in the union, for the purpose of the election of guardians, and to add any such parish if it is a rural parish, to any other parish in the rural district for the purpose of the election of rural district councillors ; but they will not be able to add an urban parish to a rural parish or vice versa. The power conferred on the Board by the Poor Law Acts to divide parishes into wards for the election of guardians is contained in section 12 of the Divided f^arishes and Poor Law Amendment Act, 1876 (39 &40 Vict. c. 61), which enables the Board to divide any parish into wards for the election of guardians and to determine the number of guardians to be elected for each ward, due regard being had to the value of the rateable property therein. Under sections 20, 24, and 60 of the new Act, the county council will regulate the retirement of guardians and rural district councillors. The first of these sections provides generally that the term of office of a guardian shall be three years, and that one-third, as nearly as may be, of every board of guardians shall go out of office on the 15th April in each year. Where, however, the county council on the application of a board of guardians consider that it would be expedient to provide for the simultaneous retirement of the whole board, they may direct that the members shall retire together on the 15th April in every third year. Where a union is in more than one county, an order for this purpose may be made by a joint committee of the councils of the counties concerned. There are some cases in which at the present time the whole of the guardians retire at the end of every third year in pursuance of an order of the Board, and in these cases the guardians are to continue so to retire, unless the county council or a joint committee of the county councils, on the application of the board of guardians, or of any district council or of a district wholly or partially within the union, otherwise direct. Section 24 makes the provisions of the Act with respect to the term of office and retirement of guardians applicable to the district councillors of a rural district. In any case where such a district is in more than one union, it will be necessary to secure that the mode of retirement of the guardians of the unions shall be the same, as otherwise there may be serious difficulties in connection with the constitu- tion of the district council. Section 60 provides that the council of each county may for the purpose of regulating the retirement of guardians or rural district councillors, in cases where they retire by thirds, direct in which year or years of each triennial period the guardians or district councillors for each parish, ward, or other area in the union or rural district shall retire. Where the union is situate in more than one county, the power of fixing or altering the number of guardians or rural district councillors, and of regulating the retirement of guardians and of district councillors, is to be exercised by a joint committee of the councils of the counties concerned ; but if any of those councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed will have power to act as the joint committee. If any order made by a joint committee under this provision is within six weeks after the making thereof objected to by any of the county councils concerned, or by any committee of any of those councils authorised in that behalf, the order will be inoperative until confirmed by the Board. (Section 59). c] OFFICIAL CIRCULARS AND ORDERS. 395 Where the guardians and rural district councillors are to retire by thirds, in Circular, accordance with the rule prescribed by section 20, it will be necessary, as the full ^ ^. number of guardians or district councillors will be elected at the first election, to provide for retirements in the years 1S96 and 1897. There will be no retirements under the Act before 1896. (Section 78). The question as to the guardians and rural district councillors who will have to retire in the two years mentioned, is under sub-section (4) of section 79 to be determined by the county council with reference to the parishes, wards or other areas for which the guardians or councillors are elected. IV. — Highways. Section 25 of the Act provides that as from the appointed day, there shall be transferred to the district council of every rural district all the powers, duties, and liabilities of any highway authority in the district, that highway boards shall cease to exist, and that rural district councils shall be the successors of the highway authorities. It is, however enacted that the council of any county may by order postpone within their county, or any part thereof, the operation of this section, so far as it relates to highways, for a term not exceeding three years from the appointed day or such further period as may, on the application of the county council, be allowed by the Board. The expression " highway authority " as used in the Act, means as respects a highway district, the highway board or anthority having the powers of a highway board, and as respects a highway parish, the surveyor or surveyors of highways, or other officers performing similar duties. {See Local Government Act, 1888, section 100 ; Local Government Act, 1894, section 75). The effect of section 25 will be that all these highway authorities will cease to exist on the day on which the first rural district councillors come into office, and that the rural district councils will thereupon become the highway authorities, unless the county councils postpone the operation of the section. By section 79, persons who are members of highway boards at the passing of the Act will be continued in office until the day on which the first rural district coun- cillors come into office, that is, as at present fixed, the second Thursday after the 8th of November next, as if the terms of office for which they were elected expired on that day, and consequently the usual annual election of waywardens will not take place. The election of surveyors of highways under the Highway Act, 1835, will how- ever take place, as usual, at the first meeting in vestry for each parish, not in a highway district, for the nomination of overseers in the present year. An order under section 25 is, by section 84, to make such provision as may be necessary for holding elections of highway boards in any interval during which the operation of section 25 is postponed. This provision will enalile the county council to give directions in their order for the election of waywardens in place of those who will cease to hold office, as mentioned above, when the rural district councillors come into office, and also to order for what period such waywardens shall be elected, having regard to the period of postponement. No similar provision appears, as a rule, to be required as regards the annual election of surveyors for parishes not in highway districts during the interval referred to, and the effect of the postponement of the operation of section 25 would seem to be that in such a case surveyors will continue to be elected from year to year so long as necessary. But in the case of new rural parislies formed by or in pursuance of the Act, it may be necessary, in the event of the county council post- jjoning the operation of section 25 to provide for the election of surveyors to act for periods until the next ordinary time for electing surveyors. This course would not be reciuisite as regards a parish partly within and partly without an urban district, which, Ijy virtue of section 216 of the Pul)lic Health Act, 1875, is at the present time treated as wholly within the urban district for highway purposes, because, if the county council postpone the operation of section 25, the part of the existing parish which is outside the urban district will continue subject 396 OFFICIAL CIRCULARS AND ORDERS. [APP. Circular. to section 2i6 of the Act of 1875 until the rural district council becomes the high- ~ way authority, notwithstanding that it may have become a separate parish. V. — Miscellaneous. Sub-section (7) of section 48 of the Act requires the county council to fix a scale for the expenses of elections under the Act, i.e., of elections of parish and district councillors and guardians. If, at the beginning of one month before the first election, the county council have not framed any such scale for their county, the Board will have power to frame a scale for the purposes of that election. The Board will be glad to receive a copy of the scale framed by the county council under this section as soon as it has been approved b} the council. Under sections 48 and 80 the county council will have very extensive powers for the removal of any difficulties that may arise in connection with the election of parish and district councillors and guardians, and generally in bringing the Act into operation within their county. Sub-section (5) of section 48 provides that if any difficulty arises as respects the election of any individual councillor or guardian, and there is no provision for holding another election, the county council may order a new election to be held and give such directions as may be necessary for the purpose of holding the election. Under section 80, if any difficulty arises with respect to the holding of the first parish meeting of a rural parish, or to the first election of parish or district coun- cillors, or of guardians, or to the first meeting of a parish or district council, or board of guardians, or if, from no election being held, or an election being defective or otherwise, the first parish or district council, or board of guardians, has not been properly constituted, the county council may, by order, make any appoint- ment or do any thing which appears to them necessary or expedient for the proper holding of any such first meeting or election, and properly constituting the parish or district council or board of guardians. They may, if it appears to them neces- sary, direct the holding of a meeting or election, and fix the necessary dates for the purpose. Any such order may modify the provisions of the Act, and the enact- ments applied by, or rules framed under it so far as may appear to the county council necessary or expedient for carrying the order into effect. If a parish council or a district council, other than a borough council, become unable to act whether from a failure to elect or otherwise, the county council may order elections to be held and may authorise persons to act temporarily in place of the parish or district council and the chairman of the parish council. (Section 47 (5) and section 59 (5). Under section 17 each parish council will be empowered to appoint an unpaid treasurer, and this officer is to give such security as may be required by regulations of the county council. It is desirable that such regulations should be made before the parish councils come into office. They may provide both as to the character and as to the amount of the security to be taken from the treasurers, and the Board suggest that they should be so framed as to require such security to be given by these officers as will be sufficient to cover the amount likely to be in their hands lielonging to the parish councils at any one time. It is now necessary to refer to the provisions which will govern the procedure of the county council in regard to the issue of orders for the purposes mentioned above. Sub-section (10) of section 36 directs that, subject to the provisions of the Act, any order made by a county council in pursuance of Part III. of the Act (as to aieas and boundaries) shall be deemed to be an order under section 57 of the Local Government Act, 18S8. Every such order will consequently have to be made in accordance with the provisions of that section, and cf the regulations issued by the Board thereunder, and, with the exceptions mentioned in section 40 of the Act (to which attention should be specially directed), will require confirmation by the Board in the manner prescribed by section 57 of the Act of 1888. An important amendment of the section referred to is made by section 41 of the c] OFFICIAL CIRCULARS AND ORDERS. 397 Ms new Act, which provides that the time for petitioning to the Board against an Circular, order of a county council under the section shall be six weeks instead of three months after the first notice of the provisions of the order. The Act also provides that any board of guardians affected by an order under Part III. of the Act, are to have the same right of petitioning against the order as is given by section 57 of the Act of 188S to other authorities (section 36 (10) ) ; and that where any of the areas referred to in section 57 of the Act of 18S8 is situate in two or more counties, or the alteration of any such area would alter the boundaries of a poor law union situate in two or more counties, a joint committee appointed by the county councils concerned is, subject to the terms of delegation, to be deemed to have and to have always had power to make orders under the section with respect to that area. (Section 36 (11).) An order made under section 60 of the new Act as to the number or retirement of guardians or rural district councillors will, as already mentioned, require con- firmation by the Board if, in the case of a union situate in more than one county, the order is objected to by any of the county councils concerned or by a committee of any of those councils authorised in that behalf. Among the orders that will not be subject to the provisions of section 57 of the Act of 1S88, and will not require to be submittecl to the Board, are orders of the county council fi.xing the number of parish councillors for a parish or dividing a parish into wards for the election of parish councillors. An order made by the county council under section 25, postponing withm their county or some part thereof the operation of that section as regards highways, will not require the confirmation of the Board, although, if it is proposed to postpone the operation of the section for more than three years from the appointed day, the postponement will require allowance by the Board. In connection with the orders of the county council under this Act, it may be pointed out that by section 42 it is provided that in any case where an order under section 57 of the Act of 1888 (including any order made or deemed to have been made thereunder for the purposes of this Act) has been confirmed by the Board, such order is at the expiration of six months from the date of confirmation to be presumed to have been duly made, and to be within the powers of that section, and no objection to the legality thereof can be entertained. A copy of every order made by a county council or joint committee in pursuance of the Act is to be sent to the Board, and, if it alters any local area or name, a copy must be sent also to the Board of Agriculture. (Section 71.) Sub-section (2) of section 80 requires that the Board shall issue regulations for expediting and simplifying the procedure under section 57 of the Act of 1888 in all cases in the year 1S94, fo"" t^i^ purpose of bringing the Act into immediate operation. The Board have issued an order for this purpose, which, as regards the cases referred to, will take the place of the regulations made by them on the 14th September, 1889, except where notice of a local intjuiry has been given before the date of the order. It will be found that the new regulations materially expedite and simplify the jirocedure under section 57 of the Act of 1888, and the Board may draw special attention to the provisions in Article VIII. (3). In cases in which an order made under the section does not require confirmation by the Board, it has hitherto been necessary that the order, after having been made, should be again apjiroved by the county council after certain notices have been given and a specified interval has elapsed. The effect of the provision in Article VIII. (3) will be that no final approval on the part of the county council will l)e requisite, if the retiuirements of Articles IV. and VIII. have been complied with. It will also be observed that under Article IX the expression "county council," as used in the order, will include a committee of the county council, to whom they have delegated their powers under the Act of 1894, and also a joint comniillee appointed by any county councils for the purpose of dealing with any cases in which they are jointly interested. 398 OFFICIAL CIRCULARS AND ORDERS. [APP. Circular. The Board enclose six copies of the order, and they have caused it to be placed ~ on sale. If, therefore, further copies are required, they can be purchased from 24 '•,94- Messrs. Eyre and Spottiswoode, East Harding Street, London, E.G., either directly or through any bookseller. Copies of this circular can also be purchased in the same way. It has sometimes been pointed out by county councils that no provision was made by the I-ocal Government Act, 1888, as to the expenses of inquiries held l)y them under the Act. It is now provided by sub-section (4) of section 72 of the new Act, that where a county council hold a local inquiry under the Act or under the i\.ct of 18S8 on the application of a parish council or district council, or of any inhabitants of a parish or district, the expenses incurred by the county council in relation to the inquiry (including the expenses of any committee or person authorised by the county council) are to be paid by the council of that parish or district, or, in the case of a parish which has not a parish council, by the parish meeting. Subject to this, however, the expenses of the county council incurred in the case of inquiries under the Act must be paid out of the county fund. Section 44 contains provisions as to the register of the parochial electors which is to be formed alike for urban and for rural parishes for the purposes of elections under the Act. The Board do not consider it necessary to refer to these provisions in detail ; but the attention of the county council should be directed to the proviso to sub-section (3) of section 84, under which, if the county council have under consideration any division into wards or alteration of the boundaries of any parish, or union, or district which is to affect the first election, they may direct that the lists of voters shall be framed in parts corresponding with such division or alteration so that the parts may serve either for the unaltered parish, union, or district, or for the same when divided or altered. In making any such division or alteration at any time in the month of July or August next, the county council may direct their clerk to make such adjustment of the registers of parochial electors as the division or alteration may render necessary for enabling every parochial elector to vote at the first election in the ward, union, or district in which his qualification is situate, and it will, of course, be the duty of the clerk to give effect to any such direction. (Section 84.) The orders of the county councils altering areas may direct that for the purpose of preparing the lists and registers of electors for the first elections of parish and district councillors, the orders shall take effect at such time as to enable the overseers to make out the lists for the altered areas, although the areas will not be actually altered until the appointed day. Numerous powers and duties besides those which have been indicated above are conferred on county councils by the Act, but the Board do not think it necessary to specify them on this occasion, as their present purpose is to bring under the notice of the county council those powers and duties which may have to be exercised for the purpose of bringing the Act into operation, and they believe that they have now mentioned all that need be referred to with this object. It is evident that in order that effect may be given to the intentions of the legislature, it is requisite that the county eouncils should without delay set about the exercise of the important powers which have been entrusted to them. As the Board have already pointed out, section 83 makes it the duty of every county council to exercise all such of their powers as may be required for bringing the Act into full operation within their county as soon as may be after its passing, and enables them to delegate their powers under the Act to a committee, and the Board feel assured that they may rely on every effort being used by the County Council to bring the Act into full operation in their county at the earliest possible date. The Board strongly recommend them forthwith to appoint a committee for carrying out the Act, if they have not already done so, and to delegate to such committee their powers under it. They also recommend that either such committee or the Council should at once place themselves in communication with the councils of the other counties in which parishes or rural sanitary districts partly within and partly without the C] OFFICIAL CIRCULARS AND ORDERS. 399 county are situate, with a view to the immediate appointment of any joint Circular, committees necessary to enable such cases to be dealt with. ^ ~ The Board would further suggest that the clerks to rural and urban sanitary ' '' '' authorities should, as soon as possible, be applied to for information as to whether the districts of those authorities come within the cases mentioned in section 36 of the Act, or contain parishes or parts of parishes which are within those cases. In the meantime, the Parliamentary returns relating to counties and poor law parishes of which copies are enclosed will giv'e the most recent information that has been published as to the cases where parishes and rural sanitary districts are in more than one county. The return relating to poor law parishes also shows the number of parishes partly in rural sanitary districts. The names of parishes partly in urban sanitary districts may be obtained from the tables numbered 4 in the second volume of the Report on the Census of 1891, but there have been alterations since the date of the census and these tables may not now be quite accurate. As regards the matters referred to under the head of parish councils, the Board have already pointed out that the number of councillors should be fixed sufficiently early for proper arrangements to be made for the candidature of persons desirous of offering themselves for election at the first election. With this exception, it would seem that unless aj^plication is made by the vestry, or one-tenth of the ratepayers of a parish, to divide the parish into wards, it will not devolve on the county council to make any orders with respect to these matters before the appointed day. By section 36 the council are required to take into consideration the cases of small rural parishes, but no order for the grouping of such parishes, c)r the establishment of parish councils therein, could actually be made without the consent of the parish meeting given after the appointed day. As regards section 25 of the Act, it will of course be necessary that any order postponing the transfer of the powers of highway authorities should be made before the appointed day. Some inquiries have been addressed to the Board with respect to the meaning of the word " parish" as used in the Act. They may state, therefore, that it bears the meaning given to it by section 5 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), which provides that unless the contrary intention appears, the expression shall mean a place for which a separate poor rate is, or can be made, or for which a separate overseer is or can l)e appointed. I am, Sir, Your obedient vServant, HUGH OWEN, Secretary. The Clerk of the County Council. C2>r2i/ar. Local (iovernmenl Board, Whitehall, S.W., 2nd April, 1894. Local Government Act, 1894. Sir, I am directed by the Local Government Board to state that several inquiries have been addressed to them as to whether, in view of the jjrovisions of the Local Government Act, 1894, it is intended that an Order in Council should be is.sued to amend, for the purposes of the approaching registration of electors, the instructions, precepts, notices, and forms prcscribeil by the Registration Order, 1889. The Board direct me to state that it is not jjroposed at present to issue an Order in Council on the subject; but they tliink it very desirable that the attention 400 OFFICIAL CIRCULARS AND ORDERS. [APP. Circular. of the Overseers should be specially drawn to the duties imposed upon them by the 2Ai)ri~Q -'^'-'' '"^ connection with the enfrancliisement of married women for the purposes of ' ' the Act and the preparation of the lists of electors, and they suggest that this might conveniently be done by a note attached to your precept and issued with it. The provisions to which the attention of the overseers should lie drawn are those contained in section 43 and sub-sections (3) ant! (9) of section 44 of the Act. Section 43 enacts that, for the purposes of the Act, a woman shall not be dis- qualified by marriage for being on any local government register of electors, or for l)eing an elector o( any local authority, provided that a husband and wife shall not both be qualified in respect of the same property. Sub-section (3) of section 44 requires that the lists of electors in any jiarish shall be framed in parts for wards of urban districts and parishes in such manner that they may be conveniently used as lists for polling at elections for any such wards ; and sub-section (9) of this section provides that any person may claim for the purpose of having his name entered in the parochial electors list, and that the law relating to claims to be entered in lists of voters shall apply. The Board direct me to add that in the preparation of the lists of electors regard should be had to the provision in section 1 (3) of the Act, under which parishes situate partly within and partly without a rural sanitary district will be divided into separate parishes, and the attention of the Overseers might with advantage be called to this point also. I am, Sir, Your obedient Servant, HUGH OWEN, Secretary. To the Clerk of the County Council, Town Clerk, or Returning Officer. Circular. Boards of Guardians. Local Government Board, Whitehall, S.W., 3rd April, 1S94. Local Government Act, 1894. Sir, I am directed by the Local Government Board to state that inciuirieshave been addressed to them as to the effect of the Local Government Act, 1894, as regards the term of office of the present chairmen and vice-chairmen of Boards of Guardians, and the continuance in office of committees appointed by the Guardians. The Board direct me to point out that section 79 (8) of the Act, which continues in office, until the day on which the first guardians and rural district councillors elected under the Act come into office, the persons who were members of Boards of Guardians and of Rural Sanitarj' Authorities at the date of the passing of the Act, does not refer to the chairmen or vice-chairmen or members of committees, as such. In those cases where the orders in force require that the election of chairmen and vice-chairmen should take place at the first meeting of the guardians after the 15th April, the period of office of the chairmen or vice-chairmen will not be affected, and they must therefore be elected at the usual time this year. As regards an Assessment Committee appointed under the Union Assessment Committee Acts, it appears to the Board that the Committee must be regarded as having been appointed for one year only, and consequently that they must be re- appointed in the present year at the usual time. In the case of a School Attendance Committee, section 7 of the Elementary Education Act, 1876, expressly provides that the appointment of the Committee c] OFFICIAL CIRCULARS AND ORDERS. 4OI shall be made annually, and the Board consider that this Committee should be Circular, appointed by the Guardians at their first meeting after the date on which the . T election of Guardians would have taken place if an election had been held this ^ year at the usual time (see Rule 6 of the Second Schedule to the Act of 1876). The Visiting Committee, however, will, in the opinion of the Board, continue in office until after the election of the new Board of Guardians in November next, unless the Committee were definitely appointed for a limited period only. A Relief Committee will, subject to the terms of the Order authorising the appointment of the Committee, continue in office until November ne.\t without re- appointment, unless the Committee were appointed for a limited time. A Committee appointed to consider and report on any special subject will con- tinue in office after the date on which the Guardians would but for the Local (jovernment Act, 1894, have gone out of office, if the business for which the Com- mittee were appointed is not completed by that date. A Sanitarj' Committee appointed under section 201 of the Public Health Act, 1875, can only continue until the end of the ordinary year of office of the Guardians, and the Committee must accordingly be re-appointed after that time in the present year, if it is desired that they should still e.xist. I am. Sir, Your obedient Servant, HUGH OWEN, Secretary. The Clerk to the Guardians. Ci?rii/ar. Ccuuty Co/t/ici/x. Local Government Board, Whitehall, S.W., 30th April, 1894. Local Government Act, 1894. Sir, I am directed by the Local Government Board to advert to their Circular Letter of the 24th ultimo, with reference to certain provisions of the Local Govern- ment Act, 1894, under which powers and duties will devolve on the County Council for the purjiose of bringing the Act into operation within the county. The Board have now issued an Order prescribing regulations ior expediting arcl simplifying the procedure under section 57 of the Local Government Act, 1888, in cases occurring during the present year in which the town councils of county boroughs, or joint committees of such councils and the councils of administrative counties, may have to take action for the purpose of bringing the Act into immediate operation. Six copies of the Order are enclosed, and if additional copies are recpiired, they can be purchased from Messrs. Eyre and Spottiswoode, East Harding .Street, London, E.C. , either directly or through any bookseller. I am, at the sf me time, to forward to the County Council, for their information, a copy of a Circular Letter which the Board have addressed to the town councils of county i)oroughs, on the subject of the provisions above referred to, which affect such councils, and I am to call attention to the remarks on page 5 as to the appointment in certain cases of joint committees under section 81 of the Act of i888. The Board also desire me to draw attention to the Irst paragraph of the Circular, as to the powers of joint conmiitlees ajjpoinled in pursuance of the Act of this year. I am. Sir, \'our obedient ScrvaTit, HUGH OWEN", The Clerk of the County Council. .Set-re(;ny. U I! 402 OFFICIAL CIRCULARS AND ORDERS. [APP. Circular. Circular. 30 April, 94. Toio n Councils of County Boroughs. Local Government Board, Whitehall, S.W., 30th April, 1894. Local Government Act, 1894. Sir, I am directed by the Local Government Board to draw the attention of ihe Town Council to certain provisions of the Local Government Act, 1894, under which powers and duties will devolve on the Council for the purpose of bringing the Act into operation within the borough. These provisions have reference to the alteration of areas and boundaries, and the election of guardians. Important powers in relation to these matters are con- ferred by the Act on county councils, and under section 75 (2) the expression " county council," when used in the Act, includes, unless the context otherwise requires, the council of a county borough. Under section 83 it is the duty of the town council of every county borough to exercise all such of their powers as may be requisite for l)ringing the Act into full operation within the borough as soon as may l)e after its passing. Section 84 provides that the first elections of guardians under the Act shall be held on the 8th November next, or such later date or dates in the present year as the Board may fix, and the persons elected are to come into office on the second Thursday next after their election, or such other day not more than seven days earlier or later as may be fixed l)y or in pursuance of rules made by the Board under the Act in relation to their election. It is important that alterations which may affect the preparation of the lists of voters should be made sufficiently early to enable the lists to be properly prepared, and it is consequently provided by sub- section (3) of section 84 that every division into wards or alteration of the boundaries of any parish or union or district which is to affect the first election shall, if parishes or parts for which the registers of parochial electors will be made are affected, be made, so far as practicable, before the 1st of July next. By "parochial electors" are meant, with reference to a parish in a county borough, the persons who would be the parochial electors of the parish if it were a rural parish, namely, the persons registered in such portion either of the local government register of electors or of the parliamentary register of electors as relates to the parish. (Sections 2(1) and 75.) Many of the provisions of the Act referred to in this circular are to take eftect from the "appointed day." .Subject as mentioned in the Act, this day, for the purpose of elections, is defined as the day or respective days fixed for the first elections under the Act, or such prior day as may be necessary for the purpose of giving notices or doing other acts preliminary to such elections, and, for the l^urpose of the powers, duties, and liabilities of councils or other bodies elected under the Act, or other matters not specifically mentioned, it will be the day on which the members first elected come into office. (Section 84.) I. — Areas and Boundaries. The provisions which should first receive the attention of the Town Council are those contained in Part III. of the Act, which relate to areas and boundaries. .Sub-section (i) of section 36 provides (amongst other things) as follows : — For the purpose of carrying this Act into efl'ect in the case of— (a) every parish * * * which at the passing of this Act is situate partly within and partly without an administrative county ; and (/') every parish which at the passing of this Act is situate partly within and partly without a sanitary district ; every county council shall forthwith take into consideration every such case within their county ; and whether any proposal has or has not been made as mentioned in fc-] OFFICIAL CIRCULARS AND ORDERS. 403 section 57 of the Local Government Act, 188S, shall, as soon as practicable, in Circular, accordance with that section, cause inquiries to be made and notices given, and ^ . — ~ make such orders, if any, as they deem most suitable for carrying into effect the ^^ P" • 9-»- present Act in accordance with the following provisions, namely : — (i.) The whole of each parish shall be within the same administrative county ; and (ii.) The whole of each parish shall, unless the county council for special reasons otherwise direct, be within the same county district. The expression "county district" does not include a county borough ; but, with that exception, includes every urban and rural district, whether a borough or not, 2.e., every urban and rural sanitary district within the meaning of the Public Health Act, 1S75, other than a county borough. (Section 21.) By sub-section (11) of section 36 it is provided that, where at the passing of the Act a parish is situate in more than one county, a joint committee of the councils of the several counties comprising the parish shall act under the section. The ■ expression " county " includes a county borough. (.Section 75.) The expression "administrative county " only includes a county borough where this is expressly stated (section 100 of the Local Government Act, 1S8S, and section 75 of the Local Government Act, 1894) ; but a parish partly within and jjartly without a county borough would, the Board believe, be in eveiy case a parish partly within and partly without an administrative county, as defined by the Act of 1888. It would in any case be a parish partly within and partly without a sanitary district. Con- sequently it will be necessary that joint committees of the councils of the county and county borough should be appointed to act under section 36, with respect to ■every parish which is now partly within and partly without a county borough. The appointment by the council of each county or county borough of representa- tives on any joint committee for the purposes of section 36 is to be made within two months after request from any other of the councils interested. If any of the ■ councils fail to appoint members of the committee within that period, the members actually appointed are to act. Any question relating to the constitution or pro- cedure of the joint committee as to which the councils concerned are unable to agree is to be determined by the Board. If a parish is partly within a county borough and partly within a rural sanitary district, and no action is taken under section 36 prior to the appointed day, the parish will as from that date be divided by the Act, the part within the rural district and the part without being constituted separate ]iarishes by sub-section (3) of section i. Sub-section (2) of section 36 provides that where a parish is at the ]iassing of the Act situate in more than one urban district, the parts of the jiarisli in each such district shall, as from the appointed day, unless the county council for special reasons otherwise direct, and subject to any alteration of area made by or in pur- suance of this or any other Act, be separate parishes in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same. As regards the manner in which these cases might be dealt with by the joint committee, it is to be borne in mind that section 36 exjiressly directs that the ■orders shall lie so made that the whole of each j)arish shall be within the same administrative county. An order could not therefore be made directing that a parish, now partly within a county borough and j^artly within an administrative county, should so remain. The parts of the parish might lie added to other parishes by orders under the section, instead of Ijeing allowed to become sejiarate parishes in pursuance of the Act. In any case, such as those mentioned altove, the boundary of any borough in which the parish is partly situated could, on the necessary ap])]icalion, l)e altered by an order of the Board under section 54 of the Local Gcjvernment .'Vet, 18S8. Where a parisli is divided by the Act into two or more new ])arishe-4, sub- section (9) of section 36 directs that these ]iarishes shall, until it is otherwise provided, be included in the same poor law union in which the origin:d parish was Ii J! 2 404 OFFICIAL CIRCULARS AND ORDERS. [aPP. Circular. included, and sub-section (2) of section 79 directs that, subject to any order made ' 7 by the county council, there shall be one guardian, and in the case of a new parish jo pn , 94. .^^ ^ rural district, one district councillor for each of the new parishes. Many of the parishes which will be dividedJty the Act are at present entitled to more than two guardians, and in such cases, if a county borough is concerned, it is desirable that a joint committee of the county and town councils should be appointed to settle the future representation of the new parishes. The town councils of county boroughs will have power to give names to any new parishes formed by the Act within such boroughs, although no order for any alteration of area has been made. (Section 55 (2). ) It is provided by sub-section (11) of section 79 that the overseers of any parish divided by the Act shall, until the first appointment of overseers next, after the appointed daj, continue in office as if they were overseers of each part of the parish, which by reason of such division becomes a separate parish. It is to be observed that when parishes are divided, and new parishes are constituted by the Act, whether under section i (3) or section 36 (2), they are to be separate parishes in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same. The formation of parishes under the Acts referred to has no effect as regards the constitution of school districts, without the sanction of the Education Department. Where the alteration of the boundary of any parish, or the division thereof, or the union thereof, or of part thereof with another parish, seems expedient for any of the purposes of the Act, provision for such alteration, division, or union, may be made by an order of the county council or of a joint committee of county councils, under section 57 of the Act of 1888. (Section 36 (8) and (11).) The provisions of section 59 of the Local Government Act, 1S8S, will apply to any order for the purposes of the present Act that may be made under section 57 of that Act, and section 69 of the new Act provides that in any case where an alteration of any area is made by the Act, an order may be made, in the case of an area situate in more than one county, by a joint committee of county councils, for any of the matters mentioned in section 59 of the Act of 1888. Under these powers adjustments may be made of any properly, debts, and liabilities afiected by the alteration, and directions may be given for effecting any subsidiary arrangements rendered necessary by the alteration. Sub-section (12) of section 36 requires that every report made by the Boundary Commissioners under the Local Government Boundaries Act, 1887, shall be laid before the council of any borough affected by that report, and before any joint committee of the councils of counties or county boroughs. The sub-section further provides that it shall be the duty of the councils and joint committees to take these- reports into consideration before framing any order under the powers conferred on them by the Act. The town council or joint committee will not be bound to give- effect to the recommendations of the Commissioners, but the reports in question will be found to be of assistance in arriving at a decision in regard to any matter dealt with therein. II. — Guardians. The Act makes important alterations in the ciualification, mode of election, and retirement of guardians ; and the Board desire to refer the Town Council generally to the provisions of section 20 on these matters. It may be observed that guardians will only be elected in urban parishes. In a rural parish one or more rural district councillors will be elected, who will represent the ])arish on the board of guardians. (Section 24 (3). ) Under sub-section (i) of section 60 of the Act, the town council of a county borough will, where a union or parish under a separate board of guardians is co-extensive with the borough, or wholly included in it, have power to fix or alter the number of guardians to be elected for any parish comprised in the union or for the separate parish, as the case may be ; and it is provided that for those purposes, the council may exercise powers of adding parishes to each other and dividing^ <:.] OFFICIAL CIRCULARS AND ORDERS. 405 parishes into wards, similar to those which by the Acts relating to the relief of the Circular poor are, for the purpose of the election of guardians, vested in the Board. . — T The power to add parishes to each other for the purpose of the election of ^° ^" ' ^*' guardians is conferred on the Board by section 6 of the Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122). That section provides that the Board may add any parish in a union, the population of which does not exceed 300, and the aggregate ratealjle value of which does not exceed the average rateable value of ihe parishes in the same union, to some adjoinining parish in the union for the purpose of the election of guardians. The town council will thus be able to add any such parish within the l^orough, to any other parish therein, for the purpose of the election of guardians. The power conferred on the Board l)y the Poor Law Acts to divide parishes into wards for the election of guardians is contained in section 12 of the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), which enables the Board to divide any parish into wards for the election of guardians and to determine the number of guardians to be elected for each ward, due regard being had to the value of the rateable property therein. Under sections 20 and 60 of the new Act, the Town Council will have to ■consider what provision should be made as to the retirement of guardians for any iinion or any parish under a separate board of guardians which is wholly comprised in the borough. The first of these sections provides generally that the term of ■office of a guardian shall be three years, and that one-third, as nearly as may be, ■of every board of guardians shall go out of office on the 15th April in each year. Where, however, the council on the application of a board of guardians consider that it would be expedient to provide for the simultaneous retirement of the whole board, they may, if the union or parish is wholly comprised in the Ijorough, direct that the members shall retire together on the 15th April in every third year. Where a union or a parish under a separate board of guardians is only partly within the county borough, an order for this purpose may be made by a joint com- mittee of the councils of the county and county borough concerned. There are some cases in which at the present time the whole of the guardians retire at the . end of every third year in pursuance of an order of the Board, and in any .such case, where a county borough is concerned, the guardians are to continue so to retire, unless the town council, or a joint committee of the councils of the county and county boroueh, on the application of the board of guardians, or of any district council of a district wholly or partially within the union, otherwise direct. Section 24 makes the provisions of the Act with respect to the term of office and retirement of guardians applicable to the district councillors of a rural district. Section 60 provides that the council of each county as defined by the Act may for the purpose of regulating the retirement of guardians or rural district councillors in cases where they retire by thirds, direct in which year or years of each triennial period the guardians or district councillors for each parish, ward, or other area in ,the union or rural district shall retire. Where the union is situate in more than one county, the power of fixing or altering the number of guardians or rural district councillors, and in connection therewith of dividing a parish into wards, and also the power of regulating the retirement of guardians and of district councillors, is to be exercised by a joint ■committee of the councils of the counties concerned ; but if any of those councils do not, within two months after recjuest from any other of them, ajipoint nijmbers of such joint committee, the meml:)ers of the committee actually appointed will have power to act as the joint committee. If any order made by a joint committee xmder this ]irovision is within six weeks after the making thereof objected to by any of the county or county borough councils concerned, or l)y any committee of any of those councils authorised in that ])ehalf, the order will be inoperative until confirmed by the Board. (Section 60 (3).) Where the guardians and rural district councillors are to retire by thirds, in accordance with the rule prescribed by section 20, it will be necessary, as the full number of guardians or district councillors will be elected at the first election to - 4C6 OFFICIAL CIRCULARS AND ORDERS. [APP» Circular. prt)vidc for retirements in the years 1896 and 1897. There will he no retirements ^~^ under the Act before 1896. (Section 79). The question as to the guardians and ' ^" ' ^■*' rural district councillors who will have to retire in the two years mentioned, is, under sub-section (4) of section 79, to be determined by the council of the county or county borough with reference to the parishes, wards, or other areas for which the guardians or councillors are elected. It will be necessary in the case of a union or a parish under a separate board of guardians partly within and partly without a county borough, that a joint committee of the county and county borough councils- should, as above mentioned, be appointed for this purpose. III. — Miscellaneous. Sub-section (7) of section 48 of the Act requires the council of every county borough to fix a scale for the expenses of election of guardians for the borough. If,, at the beginning of one month before the first election, the council have not framed any such scale, the Board will have power to frame a scale for the purposes- of that election. The Board will be glad to receive a copy of the scale framed by the council under this section as soon as it has been approved by the council. In any case where a union or parish under a separate board of guardians is partly but not wholly comprised in a county borough, it appears to the Board that it will he necessary that a joint committee of the county and county borough councils con- cerned .should be appointed under section 81 of the Local Government Act, 1888, for the purpose of framing a scale of expenses for the election of guardians, and the Hoard would wish to be furnished with a copy of the scale framed by any such committee. Under sections 48 and 80 the Town Council will have very extensive powers for the removal of any difficulties that may arise in connection with the election of guardians, and generally in bringing the Act into operation. Sub-section (5) of section 48 provides that if any difficulty arises as respects the election of any indi- vidual guardian, and there is no provision for holding another election, the council may order a new election to be held and give such directions as may be necessary for the purpose of holding the election. Under section 80, if any difficulty arises with respect to the holding of the first election of guardians, or to the first meeting of a board of guardians, or if, from no election being held, or an election being defective or otherwise, the first board of guardians has not been properly constituted, the council may, by order, make any appointment, or do any thing which appears to them necessary or expedient for the proper holding of any such first meeting or election and properly constituting the board of guardians, and may, if it appears to them necessary, direct the holding of an election, and fix the necessary dates for the purpose. Any such order may modify the provisions of the Act, and the enactments applied by, or rules framed under it, so far as may appear to the council necessary or expedient for ranying the order into effect. Where the union or parish under a separate board of guardians is partly in a county borough and partly in an administrative county, and any difficulty such as is mentioned in section 80 arises, a joint committee should be appointed to deal with the matter by the councils of the county and county borough under section 81 of the Act of 1888. It is now necessary to refer to the provisions which will govern the procedure of the Town Council in regard to the issue of orders for the pm-poses mentioned above. Sub-section (10) of section 36 in effect directs that, subject to the provisions of the Act, any order made by the town council of a county borough, or by a joint committee, in pursuance of Part III of the Act (as to areas and boundaries) shall be deemed to be an order under section 57 of the Local Government Act, 1888. Every such order will consequently have to be made in accordance with the provisions of that section, and of the regulations issued by the Board thereunder, and with the exceptions mentioned in section 40 of the new Act will require con- hmation by the Board in the manner prescril)ed by section 57 of the Act of 188S. An important amendment of the section last mentioned is made by section 41 c] OFFICIAL CIRCULARS AND ORDERS. 407 of the new Act, which provides that the time for petitioning the Board against an Circular, order under the section shall be six weeks, instead of three months, after the first ^ . 7 notice of the provisions of the order. ■* ^" ' '*' The Act also provides that any board of guardians affected by an order under Part III. of the Act are to have the same right of petitioning against the order as is given by section 57 of the Act of 18S8 to other authorities (section 36 (10) ) ; and that where any of the areas referred to in section 57 of the Act of 1SS8 is situate- in two or more counties, as defined by the Act of 1894, or the alteration of any such area would alter the boundaries of a poor law union situate in two or more counties, a joint committee appointed by the councils of those counties is, subject to the terms of delegation, to he deemed to have and to have always had power lo make orders under the section with respect to that area. (Section 36 (11).) In connection with the orders of the Town Council under this Act, it may be pointed out that by section 42 it is provided that in any case where an order undei section 57 of the Act of 1888 (including any order made or deemed to have been made thereunder for the purposes of this Act) has been confirmed by the Board, such order is at the expiration of six months from the date of confirmation to be presumed to have been duly made, and to be within the powers of that section, and no objection to the legality thereof can be entertained. A copy of every order made by the council of a county borough or joint com- mittee in pursuance of the Act is to be sent to the Board, and, if it alters any local area or name, a copy must be sent also to the Board of Agriculture. (Section 71. ) Sub-section (2) of section 80 requires that the Board shall issue regulations for expediting and simplifying the procedure under c,y of the Act of 1888 in all cases in the year 1894, for the purpose of bringing the Act into immediate operation. The Board have issued an order for this purpose, which, as regards the cases referred to, will take the place of any regulations previously made by them as lo the procedure under section 57 of the Act of 1888, which are in force in an)- county borough, except where notice of a local incjuiry has been given before the date of the order. It will be observed that under Article viii. the expression " council" as used in the order, will include a committee of the town council of any county borough lo whom the council have delegated their powers under the Act of 1894, and also a joint committee apjiointed by any such councils, or by any such council or councils, and the county council or councils of any administrative county or counties, for the purpose of dealing with any case or cases in which such councils are jointly interested. The Board enclose six copies of the order, and they have caused it to be placed on sale. If, therefore, further copies are required, they can be purchased from Messrs. Eyre and Spottiswoode, East Harding Street, London, E.C. , either directly or through any bookseller. Copies of this circular can also be purchased in the same way. Section 44 contains provisions as lo the register of the parochial electors which is to be formed as well for urban as for rural parishes, for the purposes of elections under the Act. The Board do not consider it necessary lo refer lo these provisions in detail ; but the attention of the Town Council should he directed lo the proviso lo sub-section (3) of section 84, under which, if the council or a joint comuiittee have under consideration any division into wards or alteration of the boundaries of any parish, or union, which is lo affect the first election, they may y the said Section 57 to be prc- ■scribed no provision other than that contained in the said .Section 87 is made, declaring how such matters are to be prescribed ; And whereas by Part III. of the Local Government Act, 1894, power is given to County Councils to make various Orders in relation to areas and boundaries and other matters as therein mentioned : And whereas by sul)-sections (10) and (11) of Section 36 of the said Act, which is included in Part III. thereof, it is enacted that — "(10.) .Subject to the provisions of this Act, any order made ])y a county "council in pursuance of this Part of this Act shall be deemed to be an order "under section fifty-seven of the Local Government Act, 1888, and any l)oard "of guardians affected by an order shall have the same right of petitioning "against that order as is given by that .section to any other authority. "(11.) Where any of the areas referrerl to in section fifty-seven of the Local "Government Act, 1888, is situate in two or more counties, or the alteration "of any such area would alter the boundaries of a ]50or law union situate in "two or more counties, a joint connniltee ajijiointed by the councils of tliosc 4IO OFFICIAL CIRCULARS AND ORDERS. [APP. 0>''i«''- " counties shall, subject to the terms of delegation, be deemed to have and ta 27 Aoril "have always had power to make orders under that section with respect to "that area; and where at the passing of this Act a rural sanitary district or "parish is situate in more than one county, a joint committee of the councils- "of those counties shall act under this section." And whereas by Section 41 of the said Act it is enacted that — " The time for petitioning against an order under section fifty-seven of the "Local Government Act, 1888, shall be six weeks instead of three months "after the notice referred to in sub-section three of that section." And whereas by sub-section (2) of .Section 80 of the said Act it is enacted that — "The Local Government Board shall make regulations for expediting and; "simplifying the procedure under section fifty-seven of the Local Government "Act, 1S88, in all cases in the year One thousand eight hundred and ninety- " four, for the purpose of bringing this Act into immediate operation, and such "regulations may dispense with the final approval of an order by the county " council in cases where the prescribed notice of the proposed order has been "given before it is made by the county council." And whereas by .Section 75 of the said Act it is enacted that, in that Act, unless- the context otherwise requires, the expression "County" includes a County Borough, and the expression "County Council" includes the Council of a County Borough, and the expression " prescribed " means prescribed by Order of the Local Government Board ; And whereas by Section S3 of the said Act it is enacted that a County Council may delegate their powers under the Act to a Committee : NOW TFIEREFORE, We, the Local Government Board, in pursuance of the powers given to Us in that behalf, by this our Order make the Regulations follow- ing as regards any County Borough and the Council of any County Borough, for expediting and simplifying the procedure under Section 57 of the Local Govern- ment Act, 1888, in all cases in the year One thousand eight hundred and ninety- four, for the purpose of bringing the said Local Government Act, 1894, into immediate operation, and do Prescribe and Determine as follows as regards any County Borough and the Council of any County Borough ; that is to say, — Article I. — This Order shall, unless We shall otherwise direct, regulate the procedure of the Council of every County Borough under Section 57 of the Local Government Act, 1888, in all cases in the year One thousand eight hundred and ninety-four, for the purpose of bringing the Local Government Act, 1894, into immediate operation, except cases in which Notice of a local Inquiry has been given before the date of this Order ; and any Order previously issued by Us regulating, the procedure under the said Section, and in force in an/ County Borough, shall not apply in any case to which this Order applies. Article II. — (i.) A local Inquiry, at which all persons interested may attend and be heard, shall, prior to any Order being made by the Council of a County Borough under Section 57 of the Local Government Act, 1888, be held in regard to the proposal, either by a Committee of the Council, or by some Person appointed by the Council to hold such Inquiry as the Council may direct. (2). The said Inquiiy shall, unless the Council otherwise determine, be held at some convenient place in the Parish, or in one of the Parishes proposed to be dealt with, or at such other place in the Borough or neighbourhood as may, in the opinion of the Committee or Person by whom the Inquiry is to be held, be most convenient for the purpose. (3.) At least ten days before the day when the Inquiry is to beheld, public Notice of the purport of the proposal, and of the day, time, and place fixed for the Inquiry in regard to it, shall be given by the Council by advertisement in some local newspaper circulating in the locality to which the proposal relates. Article III. — At least ten days before the day when any such local Inquiry is to be held, a printed Notice of the purport of the proposal, and of the day, time, and place for the Inquirj' shall also be published in the manner herein-after pre. C] OFFICIAL CIRCULARS AND ORDERS. 41I scribed, and shall be sent to the several Government Departments and Local m Order. other Authorities herein-after specified ; that is to say,- . 77 (i.) A copy of the said Notice shall be posted as a bill or placard in such ^^ P" . 94- places in the Parish or Parishes interested in the proposal as are ordinarily made use of for posting public or parochial notices. (2.) A copy of the Notice shall be sent by the Council to the Overseers of the Poor of such Parish ; to the Guardians of the Poor of the Union in which sucli Parish is comprised ; to the School Board (if any) in whose District such Parish or any part thereof is comprised ; to the Highway Authority for any part of the Parish, if any person or body of persons other than the Council are such Highway Authority ; to any Burial Board, other than the Council, for such Parish or for any part thereof ; and to any Urban Sanitary Authority, other than the Council, in whose District any part of such Parish is comprised. (3.) A copy of the Notice shall be sent by the Council to any Local Authority which, in the opinion of the Council, is specially interested in the proposal. (4.) A copy of every such Notice .shall be sent by the Council to the Local Government Board, the Board of Agriculture, the Public Works Loan Com- missioners, the Director General o( the Ordnance Survey at Southampton, the Registrar General, and the Education Department. Article IV. — (l.) Public Notice of the provisions of any Order made b)- a Council under Section 57 of the Local Government Act, 1888, shall be given by the Council by advertisement in some local newspaper circulating in each Parisli affected liy the Order ; and such advertisement shall be published within ten days after the making of the Order. (2.) The said advertisement shall contain either a copy of the Order, or a statement of the effect of the Order, and shall also contain a statement of the time and place or places during and at which copies of the Order may be inspected by any owner or ratepayer in any area affected by the Order during a period of fourteen days from the date of the publication of such advertisement, and the Order shall be open for such inspection during such period. Article V. — A copy of any Order made by a Council as aforesaid shall, at any t ime before the expiration of si.x weeks from the publication of the advertisement in pursuance of Article IV. (i.) hereof, be supplied by the Clerk of the Council lc> any owner or ratepayer in any area affected by the Order upon payment by such owner or ratepayer of a sum not exceeding threepence for each hundred words of manuscript if the copy of the Order be in writing, or upon payment_of a sum not exceeding threepence for a printed copy of the Order. Article VI. — On or before the date of the publication in pursuance of Article IV. (i.) hereof the advertisement of the provisions of any Order made as aforesaid three copies of the Order shall be forwarded to the Local Government Board and to each of the other Government Departments to whom a copy of the Notice of the Inquiry relative to the proposed Order was, by Article III. (4) hereof, refjuired to btr sent ; a copy of the Order shall also be sent to each of the Local or other Authorities to whom a copy of such notice was so re(|uired to be sent, and a copy shall also be posted in like manner as the Notice of the Incjuiry was, in pursuance of the same Article required to be posted. Article VII.— The advertisement in pursuance of Article IV. (i.) hereof of the provisions of any Order made by a Council under Section 57 of the Local Government Act, 1888, shall be deemed to be the " first notice " for the purposes of Sub-section (3) of that Section as amended by Section 40 of the Local (lovern- ment Act, 1894. Article VIII. — The expression " Council " in this Order shall mean liie Town Council of any County Borough, and shall include a Committee to whom the Council have delegated their powers under the Local CJovernment Act, 1894, and also a Joint Committee appointed by any such Councils, or by any such Council or Councils and the County Council or Councils of any Administrative County or Counties, for the purpose of dealing with an)' case or cases in which 412 OFFICIAL CIRCULARS AND ORDERS. [APP. C] Order. such Councils are jointly interested, and, where any such Joint Committee is j^ jl appointed, references in this Order to the County Borough shall be deemed to refer to each of the County Boroughs or Counties interested, and references to the Clerk of the Council to any person acting as Clerk to the Joint Committee or appointed by such Committee to discharge the duties of the Clerk of a Council under this Order. Given under the Seal of Office of the Local Government Board, this Twenty-seventh day of April, in the year One thousand eight hundred and ninety-four. G. SHAW LEFEVRE, L. S. President. HUGH OWEN, Secretary. 413 Appendix D. INFORMATION AND DIRECTIONS as lo the mode in which AppHcations for the REGULATION or INCLOSURE OF COM- MONS under the INCLOSURE ACTS, 1845 to 1882, are to be made to the Board of Agriculture ; with explanations respecting the law relating to the REGULATIONS AND INCLOSURE OF COMMONS. References to thi Commons Act, 1876. 1. Application may be made lo the Board of Agriculture for a Provisional Sec. 2. Order (i.) For the Regulation of a Common ; or (2.) For the Inclosure of a Common ; or (3.) For the Regulation of a part of a Common, and the Inclosure of the remainder ; but in this case the Application must be dealt with as if the respective parts were separate Commons. N,B,— Inclosure in severalty, as opposed to Regulation, will not be Preamble. sanctioned, unless it can be proved to the satisfaction of the Board and of Parliament, that inclosure will be of benefit to the neighbour- hood as w^ell as to private interests, and to those who are legally interested in the Common. 2. The persons making the Application must represent at least one-third in value Sec. 2. of the interests which are proposed to be aftected by the Provisional Order. In the case of a Suburban Common (see par. 7) the Urban Sanitary Authoril) gg^. 8. may, with the consent of persons representing one-third in value of the interests proposed to be affected, make application for the Regulation of such common, with a view to the benefit of their town. 3. A Provisional Order for the Regulation of a Common may provide, Sec. 3. generally or otherwise, for the " adjustment of rights " in respect of such Common, and for the " imjjrovemenl " of such Common, or for either of such purposes. The adiustraent of rights in respect of a Common comprises all or any ggc. 4. of the following things : (l.) As respects rights of common of pasture in a Common, lieing waste land of a manor, ^the determination of the persons liy whom, the stock by which, and the times at which such common of jiasture is to be exercised : (2.1 As respects rights of common, of turbary, or taking of estovers, or taking gravel, stone, or otherwise interfering with the soil of the Common, being waste land of a manor — -the determination of the persons by whom, and the mode and place or places in which, and the times at which such rights are to be exercised ; also, on comjiensation made to any person aggrieved, either by grant of a right of ef|ual value, or, with his consent in writing, in money, — the restriction, modification, or abolition of all or any of such rights which may permanently injure the Common ; (3.) As respects rights of common in land which is not waste land of a manor, — the stinting or other determination of such rights, and the persons by whom, and the mode in which, and the times at which such rights are to be exercised ; as also, on compensation made to any person aggrieved, either by grant of a right of e(|ual value, or, with his consent in writing, in money, — the restriction, modification or alxjlition of all or any of such rights which may be injurious to the general body of the cdnunoners or to the proper cultivation of the land ; (4.) As respects any Common, whether it is or is not waste land of a manor,— the determination of the rights and obligations of the lord of the manor, severally owners or other person or ]icrsons entitled lo the >oil of .-.ucli 414 INFORMATION AND DIRECTIONS. [APP. References to Common ; as also, on compensation made to any person aggrieved, either ^j,j j3 g_ by grant of a right of equal value, or, with his consent, in money, — the - — restriction, modification, or abolition of all or any of such rights ; and in particular, in the case of severalty owners, of all or any of such rights I which may be injurious to the general body of the severalty owners or to the proper cultivation of the land ; (5-) Generally as respects any Common, whether it is or is not waste land of a manor, — the determination of any rights and settlement of any disputes relating to boundaries, rights in the soil or in the produce of the soil or otherwise, whether arising between the commoners themselves, or between the commoners in relation to the lords of the manors, severalty owners, or other jierson or persons entitled to the soil of the Common, which settle- ment may be conducive to the interests of all or any class of persons interested in the Common. *^' ^' The improvement of a Common comprises all or any of the following things ; that is to say, (i.) The draining, manuring, or levelling of the Common ; (2.) The planting trees on parts of such Common, or in any other way improving or adding to the beauty of the Common ; (3.) The making or causing to be made byelaws and regulations for the prevention of or protection from nuisances, or for keeping order on the Common ; (4.) The general management of such Common ; (5.) The appointment from time to time of conservators of the Common for the purposes aforesaid. Sec. 6. 4. A Provisional Order may be issued for the Inclosure of a Common in accor- dance with the provisions of the Inclosure Acts, 1845 to 1882 ; but the Commons Sec. 10. Act, 1876, requires that special information shall be furnished to the Board as to Sub.Sec. 4. the advantages the applicants anticipate from the Inclosure of the Common as compared with its Regulation, and also as to the reasons why an Inclosure is expedient when viewed in relation to the benefit of the neighbourhood. Sec. 7. 5- In any Provisional Order, such of the following terms and conditions for the benefit of the neighliourhood, as are applicable to each case, are required by the Commons Act, 1876, to be inserted ; (i.) That free access is to be secured to any particular points of v'ew ; (2.) That particular trees or objects of historical interest are to be preserved ;^ (3.) That there is to be reserved, where a recreation ground is not set out, a privilege of playing games or of enjoying other species of recreation at such times and in such manner and on such parts of the Common as may be thought suitable, care being taken to cause the least possible injury to the persons interested in the Common ; (4.) That carriage roads, bridle paths, and footpaths over such Common are to l)e set out in such directions as appear most commodious ; (5.) That any other specified thing is to be done which may be thought equitable and expedient, regard being had to the l^enefit of the neighbourhood. Sec. 10. 6. Before an application is made to the Board, the Applicants must, in every Sub-Sec. I. case, publish, in the form approved by the Board, an Advertisement in the News- paper or Newspapers having the largest circulation in the neighbourhood of the Common, giving notice of their intention to apply to the Board for a Provisional Order. In ordinary cases two insertions will be sufficient, with an interval of a week between each. 5ec. 8. 7- In the case of a Suburban Common, that is to say, any Common which is situate wholly or partly in any Town or Towns, or within six miles of any Town or Towns, notice of the intended Application must be served on the Urban Sanitary Authority or Authorities. A "Town" means any Municipal Borough, or Improvement Act District, or Local Government District, having a population of not less than 5,000 inhabitants. The population is to be reckoned ,D.] INCLOSURE OF COMMONS. 415 according to the last published census, and the distance is to be reckoned in a 1^-eterences to ■direct line from the Town Hall, or if there shall be no Town Hall, then from ^^^^ is^g. the Cathedral or Church, if there be only one Church, or, if there be more 'Churches than one, then from the principal Market Place of such Town to the nearest point of the Suburban Common. 8. The application must be on a form supplied by the Board, and be Sec. 10. accompanied by a Map on tracing cloth, clearly defining the land proposed to be dealt with ; also by copies of the newspapers containing the advertisement of the intended Application, and, in the case of a vSaburban Common, proof of service of notice on the Sanitary Authority or Authorities. The names of the owners of the lands adjoining the Common should be marked upon the Map. 9. When forms of application are applied for, it should be slated whether they are required for " Regulation," or for " Inclosure," or ])arlly for one and partly for the other. 10. In case of an application partly for Regulation and partly for Inclosure, See. 2. both forms must be filled up and signed, and the boundaries between the respective parts must be set out on the Map. 11. On receipt of an Application, accompanied by the before-mentioned f^h"c°" § documents, the Board will take the matter into consideration, and, if satisfied that a primS, facie case has been made out, and that, regard being had to the .benefit of the neighbourhood as well as to private interests, it is expedient to proceed further, they will order a local inquiry to be held by an Assistant Commissioner. A deposit, on account of the expenses which may be incurred, of such sum as the Board in each case may deem necessary, will be required before the local inquiry is held. 12. The Assistant Commissioner will inspect the Common, and, after not Sec. n. less than 21 days' notice, published as directed by the Commons Act, 1876, will hold Public Meetings in the locality (one at least of which will be held in the evening, between the hours of 7 and 10 o'clock), for the purpose of hearing all persons desirous of being heard in relation to the subject matter of the incjuiry, and of making such other inquiries and gaining such information as may enable him to report fully to the Board thereon. 13. After considering the Assistant Commissioner's report, the Board, if Sec. 12. satisfied that the Regulation or Inclosure is expedient, will frame a draft Provisional Order, setting forth the provisions to be made for the benefit of the neighbourhood and for the protection of ])rivate interests, and will deposit a Copy of the same in the Parish for the consideration of the parties interested, and will give public notice of such deposit. 14. If the consents required by the Act, that is to say, of persons representing See. 12. at least two-thirds in value of such interests in the Common as will be affected by Sub-Sec. 5. the Provisional Order, and of the Lord of the Manor in case of land waste of any Manor or to the soil of which the Lord is entitled, are given to the draft Provisional Order as originally deposited, and to any modifications thereof, the Provisional Order will be deemed to be final, and the Board will make a report certifying that it is expedient that such Order should be confirmed by Parliament, 15. When the freemen, burgesses, or inhabitant householders of any city, Sec- 12. borough, or town are entitled to rights of common, or other interests in the Sub-Sec. 6. Common, the consent of two-thirds in number of such freemen and burgesses so entitled, as may be resident in such city, borough, or town, or within 7 miles thereof, or of such inhal)itant hcjuseholders, must be given to the Provisional Order. 16. If the report of the Board is referred to a Committee of either House of Sec. 12. Parliament for consideration, and any modifications are recommended, the Board Sub-Sec n. may modify the Provisional Order accordingly, and if such modifications are consented to in the same manner as the I'rovisional Order originally deposited, the Board will make a special report to that effect. 4i6 INCLOSURE OF COMMONS. [APP. Reference to the Commons Act, 1876. Sec. 32. 17. After the Bill confirming the Provisional Order has received the Royal Assent, the Board will convene a meeting of the parties interested, for the purposes of appointing a Valuer to carry out the Regulation or Inclosure of the Common, and of resolving upon instructions to the Valuer not inconsistent with the terms ol the Provisional Order. But no appointment of a ^'aluer will be valid until it has been confirmed Ijy the Board. 18. The Regulation or Inclosure will then proceed as directed by the Inclosure Acts, 1845 t^o 1882. 19. The Inclosure Acts, 1845 to 1882, are as follows : — Year and Chapter. 8&9 Vict. c. 118 9 & 10 Vict. c. 70 . 10 & II Vict, cm 11 & 12 Vict. c. 99 12 & 13 Vict. c. 83 14 & 15 Vict. c. 53 15 & 16 Vict. c. 79 17 Sz 18 Vict. c. 97 20 & 21 Vict. c. 31 22 & 23 Vict. c. 43 31 & 32 Vict. c. 89 39 tS: 40 Vict. c. 56 41 & 42 Vict. c. 56 42 & 43 Vict. c. 37 45 .V 46 Vict. c. 15 Short Title. The Inclosure Act, 1845. The Inclosure Act, 1846. The Inclosure Act, 1847. The Inclosure Act, 184S. The Inclosure Act, 1849. The Inclosure Commissioners Act, 185 1. The Inclosure Act, 1852. The Inclosure Act, 1854. The Inclosure Act, 1857. The Inclosure Act, 1859. The Inclosure, &c. , Expenses Act, 1868. The Commons Act, 1876. The Commons (Expenses) Act, 1878. The Commons Act, 1879. The Commonable Rights Compensation Act, 1882 D.] APPEALS AGAINST SURCHARGES BY AUDITOR. 417 Parish Officers. Instructions as to the mode of Appealing to the Local Government Board ag"ainst Disallowances and Sur- charges by a District Auditor. I. Parish Officers from wliom a District Auditor certifies any money to be due, unless they appeal against the Auditor's decision, are required by law to pay over the money certified within seven days from the date of the Certificate, as liereinafter mentioned : — Rates Levied by Overseers. {a.) Money certified in the Poor Kate Accounts must be paid to the Umo7i Treasurer, except where an amount of less than £2 is certified to be due from Overseers, in which case the money may be paid over with the balance to the succeeding Overseers. (h. ) Money certified in the separate Sanitary Rate Account must be paid to the Treasurer of the Rural Satiitary Autliority. (c ) Money certified in the Z?>/;/?«^ Rate Account to the Treasurer of the Lighting Inspectors, (d.) Money certified in the separate Burial Rate Account to the Treasurer of the Burial Board. (-veyors of Highways must be paid over to the Surveyors in office at the date when the payment is made. (i.) Money certified to be due from Collectors apjxiinted liy the Surveyors must be paid over to the Surveyors in office at the lime of payment. (f.) Money certified to be due from Wayn'ardens of Highway Parishes within the districts of Highway Boards, or from Collectors appointed by such Waywardens, must be paid to the Treasurer of the Highway Board. 2. Any Parish Officers aggrieved by the Auditor's decision may appeal to the Local Government Board, who are empowered to decide as to the lawfulness of the reasons stated by the Auditor for his decision ; and where they uphold the disallowance or surcharge, they may, upon payment of the costs (if any) incurred by the Auditor in taking steps to enforce payment of the money certified, remit the disallowance or surcharge, if they consider that the sul)ject-matter of it wan incurred under such circumstances as make it fair and equilable tliat this course should be taken. 3. When Parish Officers desire to appeal, they must, unless llic Auditor has already entered his reasons in the I'ook of Account in which the disallowance or surcharge was made, apply to the Auditor to enter his reasons in that book ; and for this jnirpose the book should be submitted to the Auditor. 4. When the Auditor has entered his reasons, an exact copy of them and also a copy of the Auditor's certificate of disallowance or surcharge, including his signature and the date of the entry, should be forwarded to the Board with the appeal. 5. The appeal should be by letter Con foolscap jwiwr), addressed In the Secretary of the Local Government Board, Whitehall, London, and must be signed l)y the C C 41 8 APPEALS AGAINST SURCHARGES BY AUDITOR. [aPP. appellant in his own handwriting. When two or more persons are mentioned in the Auditor's certificate, the appeal should be signed by each of those desirous of appealing. 6. The appeal should contain a full statement of the facts which the appellant may desire to lay before the Board, and the grounds upon which the appeal is made should be explicitly set out. If there are any (1) Bills, (2) Vouchers, or (3) other papers or documents bearing upon the matter, they should be forwarded to the Board with the appeal. HUGH OWEN, Local Government Board, Secretary. Whitehall, April, 1885. Similar Instructions have been Issued by the Local Grovernment Board for Members and OflBLcers of Local Authorities. The following paragraph of those Instructions takes the place of paragraph i in the Instructions to Parish Officers : — 7. Unless an appeal be made against the Auditor's decision, the sum certified by him to be due must be paid over as follows : — (a.) Money certified to be due from a member or an officer of an Urban Sanitary Authority must be paid within fourteen days to the Treasurer of the Authority. (b.) Money certified to be due from a member or an officer of a ( 1 ) Board of Guardians, or (2) Board of Management for a School or Asylum District, or (3) Rural Sanitary Authority, or (4) School Board, or (5) Highway Board or a Board for repair of the highwaysixs. a Highway Parish, or from a (6) Manager of a School under a School Board, must be paid over within seven days to the Treasurer of the Authority. The instructions will in so?ne matters require modificatioti after the " appoitited day." They are inserted here as a general guide with respect to the mode of appealing to the Local Government Board against a decision of the District Auditor. D.] 419 COMPENSATION TO CIVIL SERVANTS ON ABOLITION OF OFFICE. The award of compensation allowances to established Civil Servants on the abolition of their offices is regulated by Sec. 7 of the Superannuation Act of 1859, which provides that : — " It shall be lawful for the Commissioners of the Treasury' to grant to any person " retiring or removed from the Public Service in consequence of the " abolition of his office, or for the purpose of facilitating improvements in " the organisation of the Department to which he belongs, by which oreater "efficiency and economy can be effected, such special annual allowaiice by " way of compensation as, on a full consideration of the circumstances of "the case, may seem to the said Commissioners to be a reasonable and "just compensation for the loss of office ; and if the compensation shall " exceed the amount to which such person would have been entitled under " the Scale of Superannuation provided by this Act, if ten years were added to " the number of years which he may have actually served, such allowance "shall be granted by special Minute, stating the special grounds for " granting such allowance, which Minute shall be laid before Parliament, " and no such allowance shall exceed two-thirds of the salary and emolu- " ments of the office In calculating allowances under this section, it is the practice of the Treasury to award as many sixtieths of the officer's emoluments as he has served complete years, with a special addition, on account of abolition of office, not exceeding the following scale, viz. : — Actual Service. Addition. 20 years or upwards ^f 15 ,, and less than 20 -^-^ 10 ,, and less than 15 -^ 5 ,, and less than 10 -j^'^- Under 5 ,, ... ... ^ WTien the duties of the situation have not been such as to require that the holder should give his whole time to the Public Service, such deduction is made from the amount of compensation allowance for which he would otherwise be qualified as the Treasury may consider reasonable. It must be observed that all awards under the section are at the absolute discretion of the Treasury, and are subject to modification if the circumstances of the particular case require it. Non-established Civil Servants who have been em]:)loyed for not less than seven years in an emjiloyment to which they were re(|uired to devote their whole time, receive a gratuity not exceeding one pound or one week's pay (whichever is greater) for each year of service, under section 4 of the Superannuation Act of 1877. No gratuity can be granted to non-established Civil .Servants whose duties have not required their whole time. c r INDEX. N.B. — Numbers from i to 237 refer „ „ 238 to 293 „ „ ,, 294 /o 373 ;, ,. „ 374 io 419 „ PAGE Absence— Of councillor or guardian from meetings — vacation of office by 220, 270 Acceptance of Office— By district councillor or guardian 233. 272 By parish councillor ... 31, 288 Accounts- - Of borough (non-county) — Period to which to be made up 173. 277 Of county council in respect of powers transferred from district council ... ... ... 183, 279 Of existing authorities and officers 173 Of guardians and their officers 173. 174, 176 Ofhighway authority where transfer of powers postponed ... ... 174 Of overseers and assistant over- seers for parish not having separ- ate parish council ... 174, 176 Of parish and district councils, of parish meetings for parishes not having separate parish council, and their committees and officers Abstract of, publication of 176, 277 Audit of 174, 277 Form of 173, 277 Inspection, &c. , l)y parochial electors ... ... 174, 277 Period to which to be made up 173, 277 Of parochial charities, to tjc laid before parish meeting 23, 25, 77, 252 Of receipts and expenrliture before appointed day, audit of 176, 286 to the body of the work. the Local Cover nmetit Act, 1894. the Incorporated Enactments, the Official Circulars and Orders. I'AGE Accounts [contd.]— Of rural district with less than five councillors ... ... 129, 258 See also " Audit." Action- Saving for pending or existing 181. 287 Adjustment of Property, Debts, and Liabilities — On constitution or alteration of urban district ... ... 204, 276 On dissolution of group of parishes 37, 266 On dissolution of parish council 38, 266 Of improvement commission in respect of harbour ... 179, 279 On separation of parish from group 37, 266 Where parish divided by Act ... 12 General provisions as to ... iSo, 280 Funds out of which payment of expenses to be made 180, 280 Application of capital sums 181, 280 Adoptive Acts— See also the particular Acts. Accounts under, audit of ... 88 Adoption of, in rural parish 21, 84, 244 For part of rural parish 20, 84, 245 For part of url)an district 86, 279 Alteration of area of authority under... .. ... 87, 275 Authority for execution of, who to be 85, 245 Borrowing by parish council for purpose of ... ... 68, 88, 251 Expense or rate under, consent of parish meeting to ... 21, 85, 245 Expenses under, excluded in limi- tation of rate of parish council 69, 250 422 INDEX. Adoptive Acts {contd. )— List of ... ... ... 84, 244 Majority for adoption or abandon- ment, &c. , of ... ... 85, 244 Poll of parochial electors 85,244 Parish council to execute 85, 245 R.xte under ... ... 88, 245 Proportion of, to be shown on demand note ■■■TO, 88, 251 Transfer of powers ot existing authority to parish council 86, 245 Where Act in force in part only of parish ... 86, 275 Where area not comprised in one parish ... ... 86, 275 Transfer of powers of existing authority, ^Vhere area partly comprised in urban district ... 86, 275 Provisions as to property, debts, and liabilities 87, 275 To urban district council 86, 279 Existing officers ... ... 87 AflFairs of the Church- Custody of books, &c. , containing entries as to .. ... 70, ^55 Definition of .. ... 9,47,282 Savings as to 41, 47, 49, 53, 56, 243, 244, 246, 255 Agreement - For adjustment of properly, debts, or liabilities 180,280 As to compensation on resump- tion of possession of land hired for allotments .. 116,250 Saving for existing ... 178, 287 Agriculture, Board of— Application to, as to common 60, 157, 246, 247, 260, 413 Copy of order of county council or joint committee altering area or name to be sent to 204, 281 Notice to, of name of new parish 199 Aldershot— Saving for powers of Secretary of State as to district council of 120, 278 Alien- Disqualification of, For being auditor of London vestry or district board 220, 271 For being elector ... ... 207 For being member of parish or district council 217, 270 For being member of London vestry and district board, and of Woolwich Local Board ... ... 220, 271 Allotment Managers, War- dens, &c.— Election of ... 57, 58, 244, 360 Parish councillors substituted for, under Small Holdings Act 57, 244 Transfer of powers of, to parish council ... ... ... 57, 244 Allotments— See also " Allotment Managers." Acquisition of land for 106-I14, 246, 357 ^ee also '* Compulsory Acquisition. " Held by trustees, may be trans- ferred to parish council 55) 251 Hiring of land by district council for 106, 114, 115 Hiring of land by parish council for 114, 249 See also " Compulsoiy Hiring." Improvement and adaptation of land for 358 Includes " common pasture " and "field-garden" 105,248,361 Letting for, of land vested in parish council ... ... $6, 246 Letting and use of ... ... 359 By parish council ... 118, 249 Management of ... ... ... 359 By parish council ... 118,249 Transfer of powers of over- seers to parish council 56, 244 Meeting as to, use of school and other room for ... 79, 242, 372 Petition to county council for pro- vision of 107, 248, 371 INDEX. 423 Allotments [contd.]— Standing committee of county council to deal with petition ... 371 Provision of " common pasture " 361 Recovery of rent and possession of 360 Representation as to, by parish council ... ... 5^' 106, 244 Sale of superfluous or unsuitable land ... ... ... ... 360 Transfer of powers to county council on default of district council ... ... ... 107, 371 Expenses of county council 372 Allotments Acts, 1887 & 1890 357. 370 Application of provisions in, to compulsory purchase of land 105, 109, 113, 114, 248 See also " Allotments." Appeals— In respect of valuation list, poor rate or county rate .. 50, 244 Appointed day— For certain purposes of Act 6, 285 Where transfer of powers as to highways has been postponed 149, 286 Continuance in office of officers after, for purposes of audit 177, 286 Receipts and expenditure before, audit of ... ... 176, 286 Arbitration— For adjustment of property debts and liabilities ... 180, 181, 280 See also " Compulsory acquisi- tion " and " Compulsory hiring of land." Arbitration Act, 1889 - Apjjlication of, to arbitrations . . . 369 Reference to referee or arbitrator by consent ... ... ... 366 Appointment of arbitrators, &c 367 Award and powers of arbitra- tor 367, 368 Arbitration Act, 1889 {contd. )— Provisions as to such submission 370 Reference to referee, &c. , by order of court ... ... ... ... 36S Powers and remuneration of referees and arbitrators ... 368 Witnesses at arbitration ... ... 369 Compulsory attendance ... 369 Penalty for perjury ... ... 369 Areas. See " Boundaries." Assistant Overseer ... 44, 45 Accounts of ... ... 173, 176 Appointment as clerk of parish council ... ... 46, 254, 2S4 Appointment and revocation of appointment, &c. , of — In rural parishes 25, 39, 44, 243, 255 In urban districts or London 169, 262 Disqualifications, for office of ... 45 Duties of ... ... ... ... 45 Existing, continues in office 41, 44, 45, 184, 2S4 Removal of, from office ... ... 45 Repeal of enactments authorising appointment of by guardians 41, 127, 184, 285 Salary of, fixing or alteration of.. 45 How to be defrayed ... 4 Audit of Accounts by Dis- trict Auditor 174-177,277 Allowances or disallowances 175 Appeal against auditor's de- cision ... ... ... 175 Instructions as to ... 175,417 Date of first audit under Act 177 Deposit of accounts for in- spection ... ... ... 175 Notice of ... 175, 176, 277 Objection to accounts ... 175 Powers, &c., of auditor .. 175 Recovery of sums certified ... 176 Report of auditor ... 175) '7^ Of supersedcil avitlntrilios 176, 2S(> 424 •INDEX. Auditor (District)— Audit of accounts by... 174-177, 277 Auditor of Vescry and Dis- trict Board in London- Existing provisions as to .. 140 Application of Act to ... 141 -143 Disqualifications for office of 141, 221, 271 Election of ... 141, 221, 262 See also "Elections under Act." Existing, continue in office until appointed day 143, 284 Qualification of ... 141,262 Ballot- Use of, At poll consequent on parish meeting ... ... 19, 242 At poll at elections 221, 271, 297 To determine retirement of urban councillors in 1896 133, 283 Boxes, returning officer to provide 223, 299 Boxes — loan of, by public author- ity for election under Act 223, 272 See also " Ballot Act." Ballot Act, 1872 296 Application of, to elections under Local Government Act, 1894 222, 272 Ballot, voting by... ... 223, 297 Ballot paper, form of ... ... 309 Duties of returning and election officers ... Nomination paper, form of 299 297 308 298 301 297 Offences at elections Personation Procedure at elections Rules for municipal elections 307 Proceedings at poll under 224, 297, 302 Cases where presiding officer marks ballot paper 225, 303 Counting of votes ... 226,304 Declaration of poll ... 226,306 Mode of voting 224, 297, 303 Ballot Act, 1872 [contd.]— Packets of ballot papers to be sealed and delivered to returning officer ... 225, 303 Presiding officer, appoint- ment of ... ... 224, 302 powers and duties of 224, 299, 302 Spoilt ballot papers... 225, 303 Tendered votes ... 225, 303 Returning officer to provide papers, boxes, &c. ... .. 223, 299 Use of school and other rooms by returning officer ... 223, 299 Bank Holiday- Provisions as to ... .. 9, 281 Bankruptcy — Disqualification for office by 218, 270 Basis of County Rate- Appeal in respect of ... 51, 244 Baths and "Washhouses Acts- Execution of, and procedure under 92 Adoption of ... ... ... 92 Abandonment of ... ... 95 Auditors under ... .. 92 Borrowing ... ... ... 94 Byelaws ... ... ... 94 Charges for Baths, &c. ... 93 Commissioners for, where no parish council ... ... 92 Expenses ... ... ... 95 Ofificers .. ... 47? 94 Union of parishes for ... 95 See also " Adoptive Acts." Beneficiaries of Charity- Appointment of — Where vestry formerly entitled to appoint ... ... 75, 252 Settlement of question as to 78, 281 Where parish divided by Act II, 76, 264 In grouped parishes ... 36, 266 Of dole charities, publication of names of ... ... 77, 252 Trustee of parochial charity not to be 76, 252 INDEX. 4^5 Board for Repair of High- ways 3 Election of, In 1894 47, 150 Where transfer of powers postponed ... ... ... 49 Transfer of powers of, to rural district council .. ... ... 147 See also " Highway Authority." Books, &c.— Custody of, parish books... 70, 255 Inspection of, by parochial elec- tors ... ... ... 174, 277 Provision of, parish books 52, 244 Borough— &£ also " County Borough " and " Urban District." Accounts of non-county borough 173 Accounts of, as to audit of 174, 176, 277 Alteration of boundary of 195, 264, 275, 362 Appointment of trustees of charity in 171, 263 Council of, Committees of .. 137, 276 Election of, not affected ... 131 Expenses of, under Act 165, 260 Included in expression " dis- trict council " ... 128,257 Joint committees of, and other councils ... ... ... 137 Certain powers of parish coun- cils maybe conferred on 169,262 Title of, not affected 131, 257 Transfer of powers to, appoin- ted day for 6, 286 See also " Urimn District Council." Councillors of, provisions in Act as to qualification, election, iVc, not to apply to ... ... 131,257 Creation of, provisions to l)e made as to parishes affected .. 203, 275 Definition of .. .. .. 8 Included in exjiression "county district" ... 128, 257 Borough (coiitd.)— Mayor of, to be ex-officio justice 135^257 Qualification of guardian in 12'., 256 Borough Fund 165 Borough Rate, levying of .. 165 Borrowing— Under adoptive .Vets 88, 91, 94, 97, 99, 102 Under Public Health Act, 1S75 3^1 See also " Loan." Boundaries- Alteration of, for election in 1894 199, 216, 285 Times for proceedings ... 200 Latest dates for proceedings 202 Duties and powers of county council as regards : — Parish in more than one county ... 188, 196, 264 Parish in more than one sani- tary district 188, 197, 264 Rural parish with population less than 200 ... 188, 197, 264 Rural district in more than one county... 188, 196, 264 Rural district co-extensive with rural parish 188, 198, 264 Small rural district 188, 19S, 264 Powers of county council as regards : — Alteration of area umler adoptive Acts ... 87. J75 Alteration, division, union, wards, &c., of county dis- tricts, not ijoroughs 132, 189, i9cS, },6t, Alteration, division, union, (.\:c. , of parishes 27, 66, 189, 190, 265 Alteration of poor law unions ... ... 191, 264 Division of parish into wards for election of j)arish coun- cillors 199, 255 4^6 INDEX. Boundaries {contd.\— l' 257 May be elected from outside the council ... ... 129, 134, 277 Qualification of ... ... ... 258 Chairman of Urban District Council- Absence of from meetings, does not vacate office ... ... 220 Appointment of ... ... ... 134 Casting vote of ... ... 134,328 Casual vacancy in office of ... 1 34 Disqualifications for office of 217, 270 Ex-officio a justice of the peace I35> 257 May be elected from outside the council ... ... ... 134, 277 When elected from outside — Is not a member of council, and has only a casting vote ... 134 Chairman of Vestries and District Boards in London ... 140-142, 262 Charitable Trusts Acts ... 253 .Vpplicalion of, to accounts of charities... ... ... 77, 252 Order under for scheme relating to charity ... 77, 252, 253 Vesting order under ... 54,275 Charity— Sec " Parocliial Charity." Charity Commissioners- Apportionment by, of endowment of charity, partly civil and partly ecclesiastical ... 74, 282 Approval, &c., of, as regards — Appointment of additional trustees of charity. By parish council 75, 252 By urban council ... 172 Orders relating to charity 171, 263, 264 Charity Commissioners (c^«/rt'.)— Approval, &c., of, as regards — Sale of property ... ... 56 Transfer to parish council of public property held by trustees ... ... 55, 252 Determination by, of questions relating to charity ... 78, 28 1 Order of, establishing scheme for charity ... ... ... ... 77 Saving for powers of, to settle or alter schemes relating to charity 7S> 252 Cheques— Of parish councils ... 35, 289 Christmas Day- Provisions as to 9, 281 Church- As to right of parish council or meeting to meet in ... ... 8 1 See also ' ' Affairs of Church. " Churchwardens— In rural parish. Access of, to parish books,&c. 70, 255 Cease to be overseers 40, 243 Cease to be trustees of secular parochial charity ... 75, 252 Election of ... ... ... 47 Legal interest in property vested in, transfer of 53, 54, 243 Powers of, where no parish council ... ... ... 25 References in Acts to church- wardens and overseers 41, 49, 243 Transfer of powers of, to parish council ... 49, 244 Churchyard (closed) Maintenance of, by parish council 49, 50, 244 Circulars of Local Government Board 377-408 Clergyman— As to qualification of, as guardian 122 INDEX. 429 Clerk— Of county council Duties of, as regards regis- tration of electors 210-217, 268 To guardians To convene first meeting of parisli council where not convened by chairman of parish meeting ... 32, 283 Of parish council Appointment and remuner- ation of ... 46, 254, 284 Deposit of documents with 72, 254 Service of notices on, for council ... ...34,50,289 May represent council in legal proceedings ... 35, 289 Of rural district council Duties of, where parish coun- cil acts as parochial com- mittee ... ... 46, 67, 254 Closed Churchyard— See " Churchyard (closed)." Coal Mines- Rat ealile as property " otlier than land." 91 [Note) Collector of Poor Rates- Appointment of, as clerk of parish council ... ... ... 46, 254 Commencement of Act ... 6 Commissioners for Baths and "Washhouses •■■ 92 Commissioners for Public Libraries 100 Committee— For allotments, powers of trans- ferred to parish council 57, 244 Of county council, delegation of powers to 205, 285 Of parish meeting for parish with no separate parish council 26, 255 Of pari.sh council or district council — Accounts of 173. 277 Appointment, powers, &c., of, 20, 136, 276 Committee [contd.) — Of parish council or district council — Minutes of proceedings of 34, 138, 289 Quorum, proceedings, and place of meeting of 137,290 Of town council ... ... ... 137 Commons 157 Application to Board of Agricul- ture for regulation or inclosurc of ... 60, 157, 246, 247, 413 Directions as to mode uf making ... ... ... 413 On whom notice to be served 61, 157, 246, 260 Powers of parish council as to 60, 246 Powers of district council as regards ... ... ... 157, 260 Regulation and inclosure of, memorandum as to ... ...413 Saving for existing powers of urban sanitary authority as to 159, 260 Common Seal— ^V« " Seal." Compulsory acquisition of Land by Parish Council, and, for Allotments, by District Council- Application of provisions in Allotments Acts 105, 109, 113, 114, 24.S Arbitration to determine com[)en- sation no, 248 No allowance for compulst)ry purchase ... ... 111,248 Counsel and expert witnesses at 112, 248 Damage by severance of land to Ije considered ... ... m Where owner is absent ... in In county borough ... 107, 249 Expenses of county council ii^, 249 Incorporation of enactments by order for no, 247, 24S Land f(jr water supiily or riglU of way excepted... 63, 105,248 43° INDEX. Compulsory Acquisition of Land by Parish Council, &C. {coutd.) — Land to be assured to parish council ... ... ... 112,248 Local inquiries as to ... ... 109 By county council ... 105,247 By Local Government Board on refusal or neglect of county council 108, 109, 247 Powers of persons holding III Costs of 112 Council and expert witnesses at.. 112, 248 Order as to — Of county council ... 107,247 Of Local Government Board on refusal of county council 108, 247 Service of copy of, &c. 108, 247 Confirmation or disallowance of, by Local Government Board 108, 248 Memorial against ... 108, 247 Finality of, on confirmation 108, 248 Execution of .. ... 112,248 Report of proceedings to be laid before parliament ... 119, 250 Representation by parish council to county council ... 105, 246 Representation to district council as to allotments ... ... 106 Petition to county council ... 106 On default of district council ... ... 107 Transfer of powers to county council .. ... ... 107 Restrictions on ... ... ... 109 Standing committee of county council for purposes of. .. ... 105 Compulsory Hiring of Land for Allotments- Application of Lands Clauses Acts by order for ... ... ...115 Arbitration in respect of... 116, 249 Questions which may be de- termined ... ... 117,249 Compulsory Hiring of Land for Allotments {contd. )— Arbitration in respect of — Report, &c. , of Arbitrator 117, 249 On determination of tenancy 118, 250 On resumption of possession 116, 250 Determination of tenancy 118, 250 District council cannot hire com- pulsorily ... ... ... 114 Management of allotments ... 118 Orderfor... ... 114,115,249 Rent or compensation for... 117, 249 Report of proceedings to be laid before parliament ... 119, 250 Representation by parish council to county council ... 114,249 Resumption of possession to work minerals... ... ... 1 16, 250 Saving for minerals and small holdings... ... ... 115,250 Compensation— For compulsory acquisition of land no, 248 For compulsory hiring of land for allotments ... ... 117, 249 On determination of tenancy 117, 118, 250 On resumption of possession of land hired for allotments 116, 250 To existing officers, see " Existing Officers." Confirmation by Local Gov- ernment Board— Of byelaws of pari.sh council as to recreation ground ... ... 62 Of orders of county council or joint committee ... ... 194 Where confirmation required 193 Where confirmation not re- quired ... ... 193, 266 Validity of order when con- firmed ... ... 194, 267 Contract- Disqualification of member of parish or district council by in- terest in ... ... 218, 270 INDEX. 431 Contract (coutd.) — For sewerage or water supply, notice of to parish council 66, 146, 254 Saving for existing ... 178,287 Contribution— By county council towards cost of highways 155, 259 By parish council towards certain expenses 64, 246 Contribution Order— For exjjenses of parish council or meeting ... ... ... ... 70 Corrupt Practices at elections 227 See also " Election Law (Offences)." County— Alterationof boundary of 195, 264, 362 County council or joint com- mittee not to alter... 195, 280 Alteration of area situated in more that one — ^joint committee to deal with ... ... 190,265 Includes "county borough " 9, 282 Grouped parishes to be within same ... .. ... 36, 266 Rural sanitary district in more than one, the parts to be sepa- rate rural districts 129, 188, 196, 258, 264 Parish in more than one 188, 196, 264 County Borough. See also " Borough." Alteration, &c., of areas and boundaries — Powers of town council as to 190, 402 Joint committee of town council and county council for 190 Procedure in 1894 ... 200, 408 Application to, of provisions as to — Acquisition of land ... 107,249 Guardians ... ... 120, 262 Rights of way and commons 159, 260 Transfer of powers of justices 160, 262 2S2 135 I 28 26q County Borough (contd.)— Application of Part II. of Act, restrictions on ... ... 128, 263 Included in expression " county " 9, Mayor of, when to be ex-ofiicio justice ... Not a county district Certain powers of parish council may be conferred on council or representative body in 169. Retirement of guardians in, powers of council as to 125, Trustees of parochial charity in, appointment of... ... 171, County Council- Application by, for urban powers for rural district council 145, 259 Complaint to, of default of rural district council 25, 66, 152, 254, 260 Consent, &c. , of, to — Borrowing by parish council 67, 251 Change (jf name of county di.strict .. 128, 131, 276 Expense or liability of parish council involving loan 67, 250 Maintenance of rights of common ... ... 157, 259 Contribution I)y, towards high- ^^■'ly-;^ 155. 259 Council of county borough in- cluded in expression ... 9, 282 Delegation of powers to com- mittee ... ... ... 205, 2S5 To jcjint committee ... ... 190 Determination l)y — Of costs of joint committees 137, 277 Of rotation of retirement of first guardians and rural district councillors elected under Act ... ... 125,283 Of question as to custody, &c. , of parish books 70, 255 Of question as to expenses of repair of highway 150, 285 432 INDEX. County Council (co)it(L)— Duty of, to bring Act into opera- tion 192, 205, 285 Duties and powers of, as regards areas and boundaries. See " Boundaries"... ... ... 187 Employment of district council as agents of 159, 279 Fixing by — Of number of parish coun- cillors 29, 242 Of scale for expenses of elec- tions 234, 272 Of time for poll at elections 222, 271 Loan to parish council by 69, 251 Local inquiry by. See " Inquiry." Name of parish or rural district may be directed by 10, 34, 130, 242, 258, 276 Orders of — Not requiring confirmation l)y Local Government Board 193, 266 Requiring confirmation by Local Go%'ernment Board 193 Confirmation of ... 194 Petition against... ... 193 Withdrawal of petition against ... ... 194 When confirmed to he laid before Parliament 194 "Prescribed notices, "&c. 194 Validity of, on confirma- tion ... ... ... 194 For bringing Act into opera- tion ... ... 192, 265 Regulations of Local Government Board for expediting and simpli- fying procedure in 1894 194, 200, 383 Mode of procedure by county councils in 1894 2 282 162 7 7, 250 160 7 7 164 8, 361 116, 250 8 9, 282 180 12 ,69 8 8 8 7 8 74, ), 241, 282 282 Depositories— For documents, books, &c. , of parish ... 53. Prescribed 9, 282 Property 8 Public body ... 220 Public office . . . 220 Rateable value 9, 282 Residence 29 Rural parish ... ...7, 241, 282 Small holding 116 Township (included in " parish ")... 7 Treating 227, 354, 355 Trustees 74, 282 Undue influence 227, 354, 355 Vestr}- ...9, 245, 2S2 Writing 8 Demand Note— For rate levied to defi ay expenses of parish council or meetin y 70 , 88, 251 Disqualifications of candidates and members of parish and district councils and of guardians 217, 270' Alienage ... ... 217, 270 Bankruptcy 218, 270 Bribery or corruption of officer or member of public body 219 Corrupt and illegal practices at elections ... 219, 229 Conviction for crime 218, 270 Infancy ... ... 217, 270 Interest in contract ... 218, 270 Excejations ... 218, 270 Dispensation by county council ... 219, 270 Being paid officer of the authority ... ... 218, 270 Receipt of relief (including medical relief) ... 217, 27a Penalties for acting or voting when disqualified ... ... 219, 271 District Auditor— ^rt? "Auditor." District Board in Metropolis- Existing provisions as to... 138-140 Election of ... ... ... 140 Application of Act to ... 141,142 Qualification of members 141, 262 Election and term of office of members not affected ... 141 As to conferring certain pow- ers, &c. , of parish council on ... ... ... 169, 263. Disqualifications of memljers of ... ... 141, 220, 271 Chairman of, election of 142, 262 Is ex-officio justice of the peace ... ... 142, 262 District Council — Meaning of expression ... 128,257- See also " Rural District Council " and " Urban District Council." INDEX 435 District Councillor— St't' "Rural District Councillor" and " Urban District Coun- cillor. ' District Fund— Of urban authority ... 165,315 Ditch- I'oWL-r of j)arish- council to deal whh ... ... ... 63, Divided Parishes Acts— l^tic-rt of division of parish under Documents- Deposit and custody of ...36, 70, Inspection of ... 72, 73, 174, Drain— Power of parish council to deal with ... ... ... 63, 246 255 277 Duchy of I lan caster- Sale of lands beloncintj to 105, Dwellings (unhealthy)— Representation by parish council 'I'^lo 59, Ecclesiastical Charity- Custody of books containing entries as to ... ... ... 70, Definition of ... ... 74, Savings as to, 47, 49, 53> 55> 56,243, 244, 246, 252, T^diication Department— Applicjtion to, for formation or dissolution of school board Determination by, of question as to use of schoolroom for meeting 79, Elections under Act- Application to, Of Ballot Act, 1872 ... 222, Of Municipal Corjjorations Act, 1882 222, Of Municipal Elections (Cor- rupt and Illegal Practices) Act, 1884 222, 246 313 244 255 282 255 243 272 272 272 Elections under Act (contd.)— To be by ballot ... 221, 223, 271 E.vcept where parish council- lor elected by show of hands 221 Ballot boxes and fittings, loan of, for 223, 272 Corrupt jjraclices at ... ... 227 See al.so " Election Law (Offences)," Difficulty as regards election of individual councillor, &c., — county council may order new election 231, 272 Expenses of 233,272 Scale of 234, 272 First elections, provisions as to 232, 2S3 Date of 6, 233, 285 County council may remove difficulty 232, 2S4 Includes both nomination and poll 9, 221, 2S2 Nomination, relation of, to election 224 Proceedings at poll ... ... 224 No plural voting or voting by proxy ... ... ... 221 Sec^.\^o " Ballot .Vet." Rules of Local (Jovernnient Board for 221, 271 As to appointment of return- ing officer ... ... 222,271 As to expenses of elections of guardians ... 233, 234, 271 As to nomination ... 222,271 As to simultaneous elections in .same are.i ... 222,271 As to lime of poll ... 222, 271 As to voting once only in district or parish ... 222, 271 Use of school and other rooms for 223, 272 Provisions of Act apply to elections oi Guardians ... 121, 221, 256 Parish councillors 23, 30, 221, 242, 271 Rural clistricl councillors 124, 221, 25S I) I) 2 436 INDEX Elections under Act {contd.)— Provisions of Act apply to elections of (contd.) — Urlran district councillors 131, 221, 257 Vestrymen and auditors in London, and members of Woolwich Local Board 221, 262 Election Law (OBfences)— Bribery, what constitutes 227, 353, 355 Corrupt practices, what constitute 227, 339 Distiualificalicjn f(ir 228, 345, 355 Penalties and incapacities for 228, 339 Excuse and exception for offences 343 Illegal payment, employment, or hiring, what constitutes 228, 341 Illegal practices, what constitute 228, 339 Disqualification for 229, 345, 355 Penalties and incapacities for 228, 341 Personation, what constitutes 227, 354, 355 Prosecution of offences ... ... 349 Relief from offences ... ... 229 Treating, what constitutes 227, 354, 355 Undue influence, what constitutes 227, 354, 355 Election Petition 229, 331, 346 Costs of 335,348 Election court for trial of 229, 333 Expenses of ... ... ... 336 Grounds of 230, 331 Parties to 230, 332 Respondent to 231, 332 Time of presenting 230, 332, 346 Report of election court as to 231, 333 Relief of persons acting bond fide 231, 343 Withdrawal of 334,346 Elections (Hours of Poll) Act, 1885— To apply to elections of London vestries ... ... ... 222,262 Electors— See " Local government electors," "Parliamentary electors," and " Parochial electors." Elementary School- Definition of 9, 73, 2S2 Saving as to trusteeship, control, &c., of ... .., ... 71, 279 Use of room in, for meetings 79, 243 Emigrant Runners— _ Licences for, granting of... ... 162 By district council ... 160, 260 By council of county borough 160, 262 Excluded Part— Of parish partly in urban district, under sec. 216 of Public Health Act, 1875 — as to transfer of highways in ... ... 148, 259 Existing— Meaning of term ... ... ... 7 Existing Areas- County council to deal with ... 1S7 See " Boundaries." Existing Officers- Become officers of, District council 87, 151, 183, 284 Parish council 45, 46, 87, 1S3, 2S4 Continuance in office on former terms ... . ... 87, 184, 284 For parish or district divided by Act 12, 130, 285 Compensation to, for pecuniary loss 87, 184, 285, 365 Assessment of amount 185,365 Claims for ... ... 185, 365 Examination of claimant on oath, and production of books, &c 185, 366 Expenses of, how to be paid 184, 285, 366 Appeal to treasury ... 185, 366 Suspension of compensation on appointment to office 185, 366 INDEX. 437 Existing- Officers (contd.)— Memorandum as to compen- sation to civil servants on abolition of office ... ...419 Expenses- Definition of .. ... ... 7 Under adoptive Acts 21, 69, 85, 88, 245 Of county council In regard to compulsory acquisition of land 113, 249 As to transferred powers of defaulting district council 182, 279 Of elections under Act ... 233,272 Of guardians... ... ... 234 Of joint committees of parish or district councils ... 137, 277 Of local inquirj^ By county council III, 112, 113, 205, 248, 281 By Local Government Board 112, 204, 281, 326 Of parish council 23, 67, 69, 250 Of parish meeting 19, 26, 69, 242, 250, 256 Of poll consequent on pari.sh meeting... ... 19, 69, 242, 250 Of repair of highways by parish 27, 69, 150, 285 Of rural district council 149, 166, 262, 319 In default — performance of work by order of county council ... ... ••• 153 Of urban district council 165, 260, 314 In use of school or other room for meeting, &c. ... ... 81, 243 Extent of Act 6, 282 Fairs- Abolition of, or alteration of days for 162 Powers of district council as to ... ... ... 160, 260 I'owers of council of county borough ... ... 160, 262 Fees— In respect of powers, &c. , of justices transferred to district council ... ... ... 160, iGo Fine— For acting or voting as chairman, guardian, or councillor when disqualified ... ... 219, 27 1 For non-acceptance or resignation of office... ... ... 234, 329 Fire Engine, &c.- Provision of 53, 244 Footpaths— Repair and maintenance of 64, 251 SeeaXso " Right of Way," " High- ways. " Game Dealers' Licences- Granting of ... ... ... 161 By district council ... 160, 260 By council of county borough 160, 262 Gang Masters' Licences- Granting of ... ... ... 160 By district council ... 160, 260 By council of county borough 160, 262 Genera! District Rate- Expenses of urban district council defrayable out of ... 165,260 Le\7ing of 165, 315 General Expenses Of rural district council 149. 166, 168, 262 Contributions for, how to be raised ... ... ... 1 67 Highway expenses to be defrayed as ... 149, 168 Gifts- Of pro])erl)-, power of parish council to accepl and iiold 64, 246 Good Friday Provisions as ti 9, 281 438 INDEX. Governing Body of Parochial Charity— See '■ Trustees." Grouping of Parishes under Common Parish Council — Application for, may be made by parish meeting Of parish with parisli council 24, 36, 266 Of jiarish wiihout parish council .. .. 24, 36, 266 Consent of jiarisli meeting of each parish required... •••24, 36, 241 Order of county council for 24, 36, 241 Cannot be made before ap- pointed day ... ... 36 Effect of, as -regards powers of parish meeting for parish with no parish council ... 27 To make certain provisions as regards each parish 36, 266 Dissolution of group — - Application l)y parish meeting for ... ... ■■•25, 36, 266 Order of county council for 36, 266 Provisions to be made by 36, 266 Parish council need not be established on ... ... 25 See also " Rural Parish." Guardians- Acceptance of office . . . 234, 272 Additional, election of, from out- side board of guardians 126, 257 Casual vacancy among ... 234, 272 Occurring before appointed •^lay 133, 283 Continuance in office of existing guardians until ajipointed day 133, 283 Continuance in office of retiring — where failure to elect at election 128 Disqualifications for office of 217, 270 Of person disqualified for office of rural district councillor 219 Guardians [contd.)— Election of ... 121, 123,221, Certain powers of Local Gov- ernment Board cease as to Not to be elected as such in rural districts ... 123, Expenses of ... 233, 234, Union or division of parishes for purposes of ... 1 24, See also " Elections under Act." Ex-officio or nominated, abolition of ... ... ... 120, Number of Fixing or altering of 124, For City of Oxford, .saving as to ... ... ... 120, Provisions as to, applical:)le to every board of guardians (Qualification of ... Re-eligibility of, for election Resignation of Retirement of 122, 125, Elected at first election under Act Term of office of . . . Where elected for districts under local Act 120, i=;6 258 272 278 256 124 278 27S 120, 262 121, 256 234, 272 234, 272 257, 278 nder 125, 283 122, 257 ^78 Guardians (Board of) - Accounts of ... ... 173, 176 Additional members, election of, i)y 126, 257 Appointment of overseers by 39, 40, 127, 273 Chairman of. Sec " Chairman of Board of Guardians." Definition of ... ... ... 8 Effect of Act as regards ... ... 4 Meetings of. See " Meetings." Parish property, sale, &c. , of, by 55> 244 Transfer of powers to parish councils ... ■••55) 127, 244 Proceedings of, rules as to 134, 277, 328 .Saving for powers of Local Government Board 135, 278 INDEX. 439 Guardians (Board of) [conid.)— Powers of, to appoint assistant overseers cease... ... 127, 285 Power to petition against order of county council as to areas or boundaries 193, 265 Powers and duties of, under local Act 127, 278 Vice-chairman (if 126, 135, 257, 277 Harbour- Continuance of improvement com- mission having powers, Ike, as to 179. 279 High Court- Appeal to, respecting determina- tion of charily commissioners 78, 281 Determination by, of questions as to transfer of powers ... 180,281 Highway— See also " Right of Way." Contribution by county council towards repair of ... I55> 259 Default of rural district council to maintain ... 66, 152, 254 Discontinuance of 23, 25, 65, 251, 256 In "excluded" part of parish partly in urban district 148, 259 Expenses, how to be defrayed By rural district council 149, 168, 262 Where parish continues to maintain its highways 27, 69, 150, 285 Difficulties as to, where trans- fer of powers postponed 1 68 Powers of rural district council as to 146, 259 J'owers of urban district council as to 311 Repair of ... ... ... ... 64 Before transfer lo rural dis- trict council ... 149,285 Where special funds availal)lc for 169 Repairai)le;-a//'(?«fc'/t'«W(P 64, 154, 259 Repairable by particular parish or area before appointed day 149, 2S5 Highway {contd.)^ Where transfer of powers postponed 47, 49 In urban district — no change made by Act 4 Highway Authority- Existing authorities ... ... 3 Body appointing surveyor of high- ways lo be deemed a ... 151, 284 County council not a ... ... 147 Contribution lo, by county council 155. 259 Definition of ... ... ... 8 Transfer of ptiwers, &c. , of, to rural district council ... 146, 259 Order of county council post- poning ... 147, 149, 259 Transfer of officers of ... ... 151 Highway Board— See also " Highway Authority." Casual vacancies occurring in 1894 150 Cease lo exist from ajipointed day 147, 259 Election of, where transfer of powers as to highways postponed 49, 151, 286 Existing members of, continue in office until appointed day 150, 283 Highway Rate— Of rural district council ... ... 147 Of urban tlistrict council ... ... 317 Highways and Locomotives (Amendment) Act, 1878- Division of rural tlislricl under, for charging of highway expenses 140, 262, 263 Housing of the Working Glasses Act, 1890- Kepresenlation under, as to unheallhy dwellings or obsUuc- live buildings 59, 244 Improvement Commiasion— Become an urban dislricl council 179 Continuance of, as harbour autho- rity 179. 279 440 INDEX. Inclosure Acts- Allotments held by trustees under 55, 251 Inclosure of commons under ... 413 Inclosure Award- Custody of 71 Incorporation— Of chairman and overseers in parish not having separate parish council ... ... ... 26, 255 Of parish council... ... 34, 242 Of rural district council ... 130, 258 Infant— Disqualitication of — For being auditor of London vestry or district board 220, 271 For being elector ... ... 207 For being member of parish or district council... 217, 270 For being member of London vestry or district board, or of Woolwich Local Board ... ... 220, 271 Infant Life Protection Act, 1872- Powers of district council under 160, 163, 260 Powers of town council under ... 164 Inquiry— By county council, As regards existing areas and boundaries, for purpose of bringing Act into operation 188, 192, 264 In 1894 ... 200-202, 383 As to alteration, division, union, &c., of parishes 189, 363 Right of parish meeting or council to appear at 27, 66, 265 As to alteration, division, union, wards, &c. , of county districts (not boroughs) 189, 363 Inquiry [contd.)— By county council (coiitd.) — As to default of rural district council .... ... 152, 254 E.xpenses of in, 112, 113, 205, 248, 281 Where parish or district council unable to purchase land by agreement 105, 109, I II, 113, 246- Where parish council unable to hire land for allotments by agreement ... 114,249 General provisions as to 205, 281 By Local Government Board, As to alteration of boundary of county or borough 195, 36^ As to confirmation of order of county council loS, 115, 194, 248- As to compulsoiy acquisition or hiring of land 108, 109, III, 247 E.xpenses of 112, 204, 281, 326' General provisions as to 204, 281, 32S For parochial purposes, use of room for ... ... 79, 242 Inspector of Local Government Board — Powers, &c. , of in, 204, 281, 326> Inspectors of Lig-hting— In rural parish with no parish council — Election, qualification, powers, &c., of 89. Joint Committee— Of county borough council and county council, to deal with certain areas ... ... 190, 197 Of borough council and another council, accounts of ... 174,277 Of county councils, How appointed ... 125, 190 Complaint to, of default of rural district council 153, 279 Delegation of powers to ... 19a INDEX. 441 Joint Committee (coutd.)—- Of county councils (coiitd.) — Orders of, Copy of, to be sent to Local Government Board, and, where al- tering area or name, to Board of Agriculture 204, 281 Dealing with areas situate in more than one county 129, 190-203, 265 Times for j^roceedings in 1894 200 Fixing or altering num- ber of guardians or rural district coun- cillors ... 125, 278 As to retirement of guardians or rural dis- trict councillors 123, 125, 257, 278 Powers, &c., of, As to areas situate in more than one county 129, 190-203, 265 On complaint of default of rural district council 153. 279 Procedure or constitution of, determination of questions as to ... 152, 190, 265, 279 Report of boundary com missioners to be laid before 190, 265 Of parish councils. For exercising powers of existing authority under " adoptive Acts"... 86, 275 For appointment of trustees of charity 76 Of parish council and district council, For exercising powers of existing authority under " adoptive Acts"... 86, 275 Of pari.sh or district councils, Appointment, powers, term of office and costs of 137, 276 135 1 36' 1-^6 Jui'y Lists— Frei^aration of ... ... ■•■ 43 Justices of the Peace- Chairmen of district councils to be 135. 257 Chairmen of district boards and certain vestries in London to be 142, 262 Consent of, to sale of exhausted land not required ... 156,275, Mayors of non-county boroughs become, for county ... .■■135 As to mayors of county boroughs becoming, for county ... Oaths required from Persons disqualified for l)eing ... Transfer of certain powers of, as to licensing, &c. , To district council ... 159,260 To council of county borough 160, 262 Women not to be 135. 257 Knackers' Yards- Licensing of, by district council 160, 164, 260 Licensing of, liy council of county borough 160, 262 Powers of parish council in regard to 49- Land— Ac(iuisilion of, by parish council 104, 246' See also " Compulsory .\c- ([uisition." For buildings, recreation grounds, &c. ... 60, 245 Under the " adoptive Acts" 84-103 Acquisition or hiring of, by district council for allotments 106, 114, 115, 246 Definition of 8 Hiring of, for allotments by parish council ... ... ••• '14> 249 .S^tr also " Compulsory 1 liring. " Letting, .sale, or exchange of, by parish council ... 23, 55, 244, 246 442 INDEX. -Land (<-^.-va/.) — Sale of exhausted land — consent of justices not required 156, 275 -For purpose of water supply or right of way — Parish council can only ac- quire by agreement 63, 105, 248 Holding of, without licence in mortmain by — " Chairman and overseers " 26, 256 Parish council ... 34, 242 Rural district council 130, 258 Lands Clauses Acts- Incorporation of certain provisions of— For purchase of land by parish council ... 104, no, 246 For compulsory hiring of land for allotments ... 115,250 Legal Proceeding's- Against member or officer of parish or district council, appli- cation of Public Authorities Protection Act, 1893 ••• 35 {N'ote) Commenced before appointed day 181, 286 By district council for protection of rights of way, &c. ... 158, 260 Of parish or district council, not affected by change of name of parish or di.strict ... 199,276 How parish council to appear in 35, 289 Saving for existing rSi, 237, 287 Liabilities- General provisions as to adjust- ment of 180, 280 Of authority whose powers, &c. , are transferred — To be liquidated where pos- sible before appointed day 87, 179, 287 .Saving for discharge of 179, 287 Transfer of, general provi- sions as to... ... 178,280 Licences- Transfer of certain powers of justices as to — • To district council ... 160, 260 To council of county borough 160, 262 Lighting- and Watching Act, 1833- Execution and procedure under... 89 Adoption of ... ... ... 89 Abandonment of ... ... 91 Accounts under ... ... go Annual assembly of parish meeting for ... ... 90 Expenses under ... ... 91 Inspectors of lighting ... 89 Officers ... ... ... 90 See also "Adoptive Acts." Literary and Scientific Institu- tions Act, 1854— Parish meeting may exercise powers of owners and rate- payers under ... ... 21, 273 Loan- Obtaining of, by parish council ... 67 For what purposes .... 68, 251 Consents required to 23, 67, 250 Limitation and conditions 68, 250, 251 For purpose of adjustment of property ... 68, 181, 280 From county council 69, 251 For purpose of adjustment of pro- perty, &c. .. .„ 181, 280 To defray expenses where rural district council in default ... 154 Power of county council to obtain— For purpose of transferred powers of defaulting dis- trict council .... 182, 279 To lend to parish council 69, 25 1 See also " Borrowing." INDEX. 443 Local and Personal Act- Definition of ... ... 9, 282 Powers and duties of board of guardians under ... 127, 278 Repeal of provisions in, as to quali- fication — Of guardian ... ... 121, 257 Of member of urban sanitary authority ... ... 132, 257 Repeal of provisions inconsistent with Local Government Act, 1894 236 Time of meeting of vestry in Lon- don not affected by ... 142, 262 Where guardians elected for dis- tricts under ... ... 120, 278 "Where wards created or number of members in urlian district fixed under ... ... 132,287 Xiocal Financial Year Xiocal Government Board- Approval of, in case of adjust- ment of property, &c. — Where guardians concerned 180, 280 To funds out of which pay- ments to be made 180, 280 Confirmation of orders l)y. Sm "Confirmation." Consent of, to — Borrowing by jmrisli council 68, 251 Letting, sale or exchange of property l)y parish council 56, 246 Copy of order of county council or joint committee to be sent to 204, 281 Determination l)y, of (piestion as to— Constitution or jjrocedurc of Joint committee of county councils ... 190, 265, 279 U.se of rooms for meetings, &c 79, 243 Local Government Board (,COIltd.) — ■ Determination by, of <|uestion as to {conid. ) — Use of board room of guar- dians for meetings of rural district council ... 136,277 Determination by, of special e.K- penses of rural district council 167, 262 Duty of, to fix dates for first elections ... ... 233, 285 Form of accounts of parish and dis- trict councils to be prescribed 'jy 173. 174, 277 Local inquiries and proceedings under Act by, general provisions as to ... ... ... 204, 281 See also " Liquiry." Nomination of rural district coun- cillors by ... ... 129, 258 Notice to — Of change of name of ]5arish or cHstrict ... 128, 198, 276 Of transfer to county council of powers of tlefaulting district council ... 182,279 Order of — Alteringarca of urban district- to provide for effect on parishes ... ... 203, 275 For alteration of boundary of county or l)oroug]i 195, 264, 362 For appointment of trustees of charity in urban district 171, ^03 ]'"or compulsory acf[uisilion (jf land ... loS, 1 19, 247 ]'"or compulsory hiring of land for allotments 115, 249 l'\)r conferring on url)an dis- trict council, &c. — Certain powers of parisii ctjuncil ... 169, 262 Powers of vestry as lo rating of owners 170,263 444 INDEX. Local Government Board (conld. )— Order oi{cotitd.) — For conferring urban powers on rural district council 145, 259, 325 General orders ... ... 146 Imposing conditions for rais- ing of loan by coanty council ... ... 69, 251 Requiring performance of duty by defaulting rural district council ... ... 153 For temporaiy administration of affairs of rural district with less than five coun- cillors 129, 258 For election of guardians be- fore appointed day ... 133 Certain orders to be laid before Parliament 119, 146, 247, 259 Orders of, as to inquiries and notices l^y county councils 374, 383, 40S Petition to, against order of county council 193, 363 Petition to, where county council refuse to make order for com- pulsory acquisition of land 108, 247 Powers, &c. , of, as regards — Enforcement of duty by de- faulting district council 153. E-\ten.sion of period for county council to bring Act into operation ... ... 192, Postponement of transfer of highway powers to rural district council ... 147, Proceedings of guardians . . . Scale of expenses for first elections under Act 235, 272 Certain powers of, as to election of guardians, cease ... ... 123 Regulations of, to expedite and simplify procedure in 1S94, for bringing Act into operation 194, 284, 383, 408 Local Government Board {contd. ) — Report of proceedings as toacquisi- tion or hiring of land to be laid before Parliament by ... 119, 250 Sanction of, in case of adjustment ot property, &c. — To period for repayment of capital sums ... 181, 280' fo application of capital sums ... ... 181, 280' Rules of. See " Rules." Savings for powers of — As to alteration of unions 191, 264 As to proceedings of guardians 135, 27S Transfer to, of powers of county council for bringing Act into operation ... ... 192, 265 Local Government Boundaries Act, 1887- Reports of boundary commis- sioners under ... 1S7, 190, 265, Local Government Electors- Disqualification by — Alienage ... ... ... 207 Conviction for corrupt and illegal practices ... ... 207 Receipt of parochial relief (not medical) 207 326 Peers and women eligible 207 Qualifications for 207 Burgess qualification 207 26s £,\o occupation burgess quali- fication 207 Qualifying property ... 208 259 Residence 20S 135 Rating to poor rate ... 208 Payment of rates and taxes... 208 Local Government Register of Electors- Persons on, to be parochial electors ... ... 13, 206, 241 Married woman may be placed on ... ... ... 13, 267 INDEX. 445 Xiocal Government Register of Electors (t 31, 39, 41, 243, 255 By guardians, on non receipt of notice of appointment 127, 273 Appointment of additional, in place of churchwardens 40, 41, 243 Casual vacancy in office of 40, 127, 243 T(j convene first parish meet- ing 14.283 In parish not having parish council, with chairman of pacish meeting to be a "body corporate " 26. 256 Overseers {contd.)— In rural parishes [contd.) — References in Acts to church- wardens and overseers to be construed as references I" 41, 49, Retain their powers where no parish council ... Transfer to parish council, Of legal interest in property vested in 53, 54. Of certain powers, &c., of 50,56, To cease to be trustees of parochial charity ... 75, In urban districts and London, Special provisions as to aji- pointment and transfer of powers of ... ... 169, Appointment of, l)y guar- dians on non-receipt of notice of appointment 127, Appointment of, where url)an district constituted or altered 203, For parish di\i(led Ijy Act 11, Owners- Rating of ... ... ... 48, In urljan district or London 170, Owners and Ratepayers- Consent of, necessary under Places of Worship .Sites Acts ... Exercise of certain powers of, by jmrish meeting ... ... 21, Oxford- Saving as to guardians of (he ])onr for ... ... ... 120, Parish— .SVt' also "Rural I'arisli." Alteration, division, i.S:c. , of, by order of county council 27, 66, 189, 190, 192, Where affecting first elections 200, Ueiinition of ... ... 7, 243 25 243 244 252 262 275 284 296 278 26 > 448 INDEX. Parish {contd.)— J divided by Act, where situate partly in two or more sanitary districts 7, lo, 197, 241, 264 Application of provisions to parts ... II, 72, 76, 264 New parishes to remain in same union ... ... il, 265 Rates before appointed day, how to l)e made in ... 1 1 Name of, where divided or united 10, 198, 276 .Situate in more than one county 188, 196, 264 Situate in more than one sanitary district, parts in each district to be separate parishes 188, 197, 241, 264 Union or division of, for purposes of election of guardians 124, 278 Parish Affairs — Parish meeting may discuss, and pass resolutions thereon 17, 288 Parish Books. See " Books." Parish Chest- Provision of ... ... 52, 244 Parish Constables 48 Parish Council, ^'tvalso "Parish Councillor." Access of, to parish books, 242 Qualification for office of... 29, 242 Re-eligible for election ... 30, 271 Resignation of ... ... 32, 271 Retirement of ... ... 30, 242 Elected at first election 30, 283 Elected to fill casual vacancy 271 Substituted for allotment managers under Small Holdings Act 57, 244 Term of office of ... ... 30,242 Parish Meeting- Accounts of parochial charities to be laid before ... 23, 25, 77, 252 Adoptive Acts, Adoption of, by 20, 21, 84, 244 Control over expenditure and other matters as to, by 84-103 Assembly of — At least once a year... 14, 241 Annual assembly of... 14, 287 First assembly of 14, 232, 283, 284 Chairman of. See " Chairman of Parish Meeting." Consent, &c., of, to — Discontinuance of highway 23, 65, 251 Expense or rate under adop- tive Acts 21, 85, 245 Certain expenditure of parish council ... 23, 67, 69, 250 Grouping of parishes 24, 36, 241 Sale, exchange, &c. , of pro- perty 22, 23, 56, 246 Stopping or diverting right of way ... ... 23, 251 Support or opposition by parish council to scheme relating to charity 23, 252 Consists of parochial electors only 13. 241 Constitution of ... ...13,20,241 Convening of ... ... 14,270 INDEX. 451 Parish Meeting- [iontd.]— Election of parish councillors at 23, 271 Attendance of candidates at 30, 288 Execution of instruments by 19, 290 Expenses of, how to be defrayed 19, 69, 242, 250 Notice of, how and when to be given 14, 273, 287 Notice to, service of ... 19, 288 In parish not having a separate parish council — Accounts of ... I73-I77> 277 Acts of, how to be signified 26, 256 Application by, to county council for — Establishment of parish council 24, 28, 37, 266 Grouping order 24, 36, 266 Dissolution of group 25, 36, 266 Appointment by, of — Overseers and assistant overseers 25, 39, 44, 255 Trustees of charity 25, 255 Assembly of, at least twice a year 14, 255 Chairman of... ... 15, 255 And overseers to be a " body corporate " 26, 256 Committees of, appointment and acts of... ... 26, 255 Complaint by, on default of district council ... 25, 256 Consent of, to — Discontinuance of high- way ... ... 25, 65, 256 Establishment of parish council 24, 28, 37, 241 Grouping of parishes 24, 36, 241 Stopping, &c., of right of way ••■25, 65, 256 Discussion of parish affairs by 17. 288 Expenses of ... ... 26, 256 Parish Meeting [coiid. )— In parish not having a separate parish council [contd.) — First meeting, appointed day for ... ... ... 6, 286 Instrument under seal, ex- cution of, by ... 26, 256 Powers, &c. , of ... 24, 255 As regards adoptive Acts 84-103 Powers of parish council may be conferred on ... 26, 256 Powers of, as regards charities 25 Rate of, limitation of 26, 88, 256 Right of, to appear at inquiry for alteration, &c., of parish and oppose order 27, 192, 265 Right of, to meet in church or vestry ... ... 81 Transfer to, of — Legal interest in certain property ... 26, 256 Certain jDowers, &c., of vestry 25, 255 For part of parish with defined boundary and distinct rights 20, 21, 276 Consent of, to certain acts of parish council ... 20, 265 Poll, demand for, at ... 18, 288 See also '* Poll." Power of, to — Apply for grouping order 24, 36, 266 Apply for dissolution of parish council ... ... 24, 38, 266 Apply for formation or disso- lution of school board 23, 273 Appoint one trustee of charity 75. 252 Dicsuss parish affairs... 17, 288 Exercise certain powers of owners and ratepayers 21, 273 Powers as regards adoptive Acts 84-103 Proceedings at — Minutes of 19, 289 K !■: 2 452 INDEX. Parish Meeting (contd.)— Proceedings at — [contd. ) No business to be transacted without notice ... ... 17 Questions to be decided by majority ... ... IJ, 288 Regulation by standing orders 19, 34, 290 Votes to be given in person 17 What may be discussed 17, 288 Quorum of... ... ... ... 17 Rules for 242, 2S7 School or other room, use of, by 79. 242 Time of commencement of pro- ceedings... ... ... 14, 241 Voting at 17, 18, 241 When and where to be held 14, 19, 81, 270 Not to be held on licensed premises ... ... 82, 278 For ward or other part of parish 20, 21, 255 Who entitled to attend and vote at 20, 273 Provisions applicable to 20, 272 Chairman of ... ... ... 20 Parish Property. See "Property." Parhainent— Certain orders of Local Govern- ment Board to be laid before 119, 146, 247, 259 Orders of county council confirmed by Local Government Board to be laid before ... ... ... 194 Report of proceedings as to acquisition or hiring of land to be laid before ... ... 119,250 Parliamentary Electors- Qualifications in boroughs — ;^io occupation qualification 209 Household qualification ... 209 Service franchise . . . 209 Lodger qualification... ... 209 Reserved rights ... .. 209 Parliamentary Electors [contd. )— Qualifications in counties — Ownership qualification ... 2IO Occupation qualification ... 210 ^50 rental qualification 2IO ;^ 10 occupation qualifica- tion ... ... ... 210 Household qualification 2IO Lodger qualification ... 210 Peers and women disqualified 209, 210 Powers of, under Allotments Acts 58, 106, 244 Parliamentary Register of Electors— What is the 206 Persons on, to be parochial electors 13, 206, 241 Peers cannot be on ... ... 207 To form with the local govern- ment register of electors, the register of parochial electors 216, 267 Out- voters on ... ... 214, 267 See also " Register of Parochial Electors." Parochial Charity- Accounts of ... 23, 25, 77, 252 Beneficiaries of. See "Beneficiaries." Definition of ... ... 74, 282 Determination of questions as to 78, 281 List of charities where Vestries Act, 1831, in force 78 Saving as to recent charity 76, 252 Scheme relating to 23, 25, 77, 252 Trustees of. See " Trustees." Parochial Committee- Appointment of ... 67, 146, 254 Clerk of, where parish council act as... ... 46, 67, 254 Delegation of powers of, to parish council ... ... 67, 146, 254 Parochial Electors— See also ' ' Local Government Electors," "Parliamentary Elec- tors," and " Registration of Parochial Electors." INDEX. 453 Parochial Electors {contd.)— Application by, as regards division of parish into wards ... I99> ^55 Convening of parish meeting by 14, 270 Demand by, for poll 18, 85, 288 The electors of, Guardians ... 121, 206, 256 London vestrymen and audi- tors and members of Wool- wich Local Board... 141, 206 Parish councillors 30, 206, 242 Urban district councillors 131, 206, 258 In London and urban districts ... 206 Inspection of books, accounts, &c., by 73. 174, 277 Parish meeting to consist of 13, 241 Poll of, under adoptive Acts 85, 244 Qualified for election as. Auditors of London vestries and district boards 141, 206 Guardians ... 121, 206, 256 Parish councillors 29, 206, 242 Members of London Vestry or District Board, or Woolwich Local Board ... 141, 206 Urban district councillors 131, 206, 257 Use of school and other rooms by 79, 242 Voting by, at parish meeting or poll 17, 18, 241 At elections 21, 222, 256, 258, 271 Who are the ... 13, 206, 241, 282 Parochial OflB.ce— Provision of ... ... 52, 244 Passage Brokers- Licences for, granting of... ... 161 By district council ... 160, 260 By council of county borough 160, 262 Pawnbrokers' Certificates- Granting of ... ... ... 160 By district council ... 160, 260 By council of county borough 160, 262 Peers- Eligible for being on local govern- ment register ... ... ... 207 Disqualified for being on parlia- mentary register ... 209, 210 Penalty— For bribeiy of officers or members of public body ... ... ... 219 See also " Fine." Petroleum Acts- Execution of, by district council 160, 162, 260 By council of county borough 160, 262 Powers of harbour authority as to, not affected ... ... ... 136 Places of "Worship Sites Acts 1873 and 1882- Consent of owners and ratepayers necessary to grant or conveyance of parochial property as site for place of worship, residence of minister, or burial place, under 23 Pleasure Ground. .SVt- "Recrea- tion Ground." Poll- Consequent on parish meeting, To be taken by ballot 19, 242 Election of parish councillor at 23, 271 Expenses of ... 19, 69, 242, 250 Procedure at, rules of Local Government Board for 19. 235. 272 Under adoptive Acts 85, 244 Voting at 18, 24I For ward or part of parish 20, 273 When to be demanded and taken ... 18, 221, 288 At elections under rules of Local Government Board. See " Elec- tions under Act." Pond- Power of parish council to deal with 63, 246 454 INDEX. Poor Law Union. .W' Union." Poor Rate- Appeal in respect of ... 51, 244 Duties of Overseers as regards 43 Expenses of parish council and parish meeting to be paid out of 19, 69, 250 Parish council to borrow on secu- rity of 68,251 Poor Rate Assessment and Collection Act, 1869— Rating of owners instead of occu- piers, under ... ... ... 296 Powers of Parish Council as to 48 Powers of vestry as to, may be conferred on authority in urban district or London 170. 263 Population— For purpo.ses of Act ... 9, 282 Census of 189 1 conclusive 9 {Note) Precept for Contributions— For expenses of parish council or parish meeting ... ... ... 70 For expenses of rural district council ... ... ... ... 167 Made before appointed day II, 179, 286 Proceedings- Commenced before appointed day, saving for .. ... 181, 286 Saving for pending or existing 181, 287 See also " Legal Proceedings." Property- Definition of ... ... ... 8 General provisions as to — • Adjustment of ... 180, 280 Transfer of 178, 280 In rural parish. Gifts of, power of pari.sh coun- cil to accept ... 64, 246 Letting, sale, or exchange of, by parish council •23i 55. 127, 244, 246 Property (contd.)— In rural parish (contd.) — Parish meeting may exercise powers of owners and rate- payers in regard to 21, 273 Terrier of ... ... ... 55 Transfer to parish council, Of legal interest in, vested in overseers 53, 54, 243 Of public property held by trustees ... 54, 25 1 Of powers of overseers as to management of 56, 244 Of powers of guardians as to sale, &c., of 55, 244 Works in relation to, parish council may execute 57, 246 Where there is no parish council ... ... 26, 256 Provisional Order of Local Government Board ... 326 Altering boundary of borough or county ... ... ... ... 195 Public Authorities Protec- tion Act, 1893— Application of, to proceedings against member or officer of parish or district council 35 [Note) Public Bodies Corrupt Prac- tices Act, 1889— Penalties for bribery or corruption of officers and members of pub- lic body... ... ... ... 219 Meaning of "public body," and " public office " ... ... 220 Public Health Act, 1875 3", 328 Provisions of, as to, Audit of accounts ... 174,323 Borrowing ... ... 68, 321 Byelaws ... ... 62, 313 Conduct of business... 134, 314 Expenses of urban authority 165, 314 General district rate 165, 315 Highway rate ... ... 317 Rates, general provisions as to ... ... 165, 317 INDEX. 455 Public Health Act, 1875 {contd.) Provisions of, as to {coiitd. ) — Expenses of rural authotity i66, 319 Mode of raising contribu- tions 167, 320 Highways and streets ... 311 Local Governn-'ent Board, Inquiries ...III, 204, 326 Provisional orders ... 326 Enforcement of duty of defaulting authority 153, 326 Meetings and proceedings of local authority ... 134,328 Pleasure grounds ... 61,312 Sale of land belonging to Duchy of Lancaster 105, 313 Urban powers, investing rural authority with ... 145, 235 Public Health Acts- Default of rural district council to enforce ... ... 63, 152, 254 Public Improvements Act, 1860- Execution of, and procedure under... 98 Adoption of ... ... ... 98 Borrowing... ... ... ... 99 Expenses under ... ... ... 99 Provision of recreation ground, &c. 98 Set also "Adoptive Acts." Public Libraries Act, 1892— Execution of, and procethire under... lOO Adcjption of ... ... ... 99 Audit of accounts under ... ... 103 Commissioners under ... ... 100 Expenses under ... ... ... 103 Officers under ... ... ... 102 Proportion of rate for, to be shown on demand note ... ... 70 Provision of liljraries, &c. ... loi Union of districts... ... ... loi See also " Adoptive Acts." Public Offices— Parisli council may provide or acquire buildings for ... 60, 245 Public Walks- Provision of land for, by parish council ... ... ... 60, 245 Powers of pari.sh council as to management of... ... 61, 246 Quarter Sessions- Transfer of powers, &c. , of, as to licensing of knackers' yards — To district council ... 160, 260 To council of county borough 160, 262 Railway Clauses Act, 1845— Incorporation of, for compulsory purchase of land ... 111,248 Working of minerals in lands pur- chased for railway purposes III, 294 Rate- Under adoptive Acts 21, 85, 88, 245 Demand note for, levied to defray expenses of parish council or parish meeting ... •••70, 88, 251 Levyingof, fordischargc of existing debt 179 Limitation on, for expenses — Of parish council 23, 69, 88, 250 Of parish meeting where there is no parish council 26, 88, 256 Made before appointed day II, 179, 286 For parish divided by Act ... II Parish meeting may exercise cer- tain powers of owners and rate- payers as to raising ... 21, 273 Of urlmn authority, general pro- visions as to ... ... ... 317 Rateable Value- Definition of Recreation Ground— 9, 282 Provision of land for, l)y parish council ... ... ...60, 98, 245 Powers of [larish council as to management of 56, 61, 244, 246 Powers of urban authority as to 247, 312 456 INDEX. Recreation Ground ('o^ih/.)— Transfer to parish council — Of property held by trustees for 55, 251 Register of Baptisms, Mar- riages and Burials- Custody of 70, 255 Iron chest for ... ... 53, 71 Register of Parochial Elec- tors- Duplicate entries in ... 215,268 Duties of clerk of county council and town clerk in regard to 216, 268 For elections in I S94 ... 216,285 When to come into operation 213 {Note) To be framed in parts for wards 216, 267 Husband and wife not to be quali- fied in respect of same property 206, 267 Outvoters in ... ... 214, 267 In parliamentary borough, county ownership voters included in 215, 267 Person entered on, may attend meeting and vote as parochial elector 14, 216, 267 Person may be registered in more than one parish... ... 215, 267 Provisions as to marking, &c., of 215, 267 Separate list of parochial electors 214, 268 Claims for entry on 215, 268 Married women will be placed on ... ... ... ... 214 What to form the... ... 216, 267 What voters included in ... ... 13 Women, married or single, eligi- ble for entry on ... ... 207 See?i.ho " Registration of Electors.'' Registration of Electors ... 210 Claims to be registered ... ... 212 Copies of lists to be sent to town clerk and clerk of county coun- cil 213 Registration of Electors [contd. )— Correction of mistakes ... ... 212 Corrupt and illegal practices list 211, 212 Duties of town clerk, clerk of county council, overseers and registration officer appointed by guardians ... ... ...210 Lists of claimants and persons ob- jected to ... ... ... 212 Non-resident list ... ... ...212 Objections to names ... ... 212 Occupiers' list ... ... ... 211 Precepts of town clerk, and clerk of county council to overseers to prepare lists ... ... ... 21 1 Preparation of register ... 2 1 5-2 17 Duties of clerk of county council and town clerk 215, 268 Register of parochial elec- tors 216, 267 Separate list of paro- chial electors... 216, 268 Lists and register to he framed in parts for wards ... 216, 267 For elections in 1894 216, 285 Publication of lists ... ... 212 Revision of lists by revising bar- rister 213-215 Revision courts ... ... 213 Proceedings before revising barrister ... ... ... 213 Corrections by revising bar- rister ... ... ... 213 Marking of names 213, 215, 267 Outvoters 214, 267 Appeal from revising bar- rister's decision ... ... 215 Regulations- Continuance of existing 87, 181, 287 Alteration or revocation of 181, 287 Of Home Secretary, as to burial grounds ... ... ... ... 97 INDEX. 457 ReUef- Disqualificalions by receipt of 207, 217, 270 \Vhen to be considered as given to a person ... ... ... 217 Medical relief does not disqualify for voting at elections ... 207, 218 Repeal— Of Acts 236, 287 Effect of 236 Of enactments authorising ap- pointment of assistant overseers by guardians ... ... 127, 285 Of provisions as to qualification of guardians and members of urban authority 121, 132, 256-257 Representative Body- In urban district, or London sani- tary district, for purposes of section 33 ... ... ... 170 Residence, meaning of 29 Returning Officer— Atjeleclions held under rules of Local Government Board — ■ Appointment of ... 222, 271 For first elections 232, 283 Power of, to use schools and public rooms free of charge 223, 272 To j)rovide nomination papers, ballot papers, &c.... 223,299 Proceedings l^y, at elections 226, 299-306 To convene first meeting of district council ... 135, 283 Revising Barrister- Powers and duties as regards re- gister of electors 213-215, 267 See also " Registration of Electors." Rightlof Way. See also " High- way." Acfjuisition of, by ])arish council 63, 105, 245, 248 Protection of ... 66, 156, 259 Proceedings for, where way not found to exist... 159, 260 Right of Way {contd.)— Stopping or diversion of 23, 25, 65, 154, 251, 256 Roadside Wastes— Prevention of encroachment on 66, 156, 259 What is a 157 Room (School and other)— Use of, by parish council or parochial electors for meetings, &c 79, 242 By returning officer at elec- tions ... ... 223, 272 Rules— Of Local Government Board, As to elections ... 221,271 See also " Elections under Act." Modifying enactments as to audit 176, 277 As to poll consequent on parish meeting 19, 85, 235, 272 As to convening meeting as to allotments ... 80, 242 As to meetings, proceedings, iSic, Of committees of parish or district councils 276, 290 Of district councils and guar- dians ... 134, 277, 328 Of parish councils ... 242, 288 Of parish meetings ... 242, 287 Rural District- Alteration, division, conversion, &c., of 189, 363 What isa 129, 257 Rural sanitary district situate in more than one county, each part to be a separate 129, 196, 258 Name of, determination l)y county council ... ... ... i3o> 258 Change of 1 28, 276 To be wholly within same county 129, 188, 264 Where co-c.\tensive with parish 29, 1 88, 198, 264 458 INDEX. Rural District {contd. )— With less than five councillors, provisions as to 129, 188, 198, 258, 264 Grouped parishes to be within same ... ... ... 36, 266 Division of, for charging of high- way expenses ... ... ... 149 May be in more than one poor law union ... ... ... ... 197 Rural District Council— ^^-also "Rural District Councillors" and " Rural District" Accounts of, audit, &c., of 173-177, 277 Application of, for urban powers 145 Chairman of. See ' ' Chairman of Rural District Council." Committees of ... 137, 276, 290 Consent of, to, Stopping or diversion of right of way ... 65, 154, 251 Consists of chairman and coun- cillors ... ... ... 129, 258 Default of, complaint by parish council ... 66, 107, 152, 153, 157, 254, 260, 279 Transfer of powers to county council 107, 152, 158, 254, 260 Provisions as to such transfer 182, 279 Performance of duty by order of county council or Local Government Board ... 153 Delegation of powers to parish council, by ... 67, 146, 254 Duty of, to give notice of sewer- age and water supply works to parish council ... 66, 146, 254 Employment of, as agents of county council ... ... 159,279 Establishment of .. ... 129,257 Expenses of ... 149, 166, 262 General or special ... ... 166 Contributions for, how to be raised ... ... ... 167 Rural District Council (co/i/d. )— Incorporation of ... ... 130, 258 Joint committee, appointment of, t>y 137, 276 Meeting of. See " Meeting." Name of ... ... ... 130, 258 Change of ... ... 128, 276 Officers transferred to 151, 184, 284 To be parish council where parish co-extensive with rural district 29, 264 Powers, &c., of ... ... 144, 259 As to charging highway ex- penses ... .. 149, 262 As to highways ... 146-8, 259 As to highway repairable ratione teniircE ... 154, 259 As to repair of transferred highway ... . 149, 285 As to adjoining small rural district ... ... 129, 258 As to hiring or purchase of land for allotments 106, 114, 115 As to rights of way, roadside wastes or commons 66, 156, 259 Powers of an urban authority, con- ferring of, on ... 145.259,325 Petition by, to Local Government Board as to compulsory purchase or hiring of land by parish council ... ... 108, 247, 249 Proceedings of, rules as to 134, 277, 328 Representation to, as to allot- ments ... ... ... ... 106 Saving for obligation of, as to supply of water or execution of sanitary works... ... 63,246 Transfer to — Of powers of rural sanitary authority ... ... 144, 259 Of highway authority 146, 149, 259 Of certain powers of justices 159, 260 INDEX. 459 Rural District Council {contd.) Unable to act, county council may order new election and appoint temporary members of 128, 278 Urban powers may be conferred on 14s. 259> 325 Vice-chairman of ... ... 135, 277 With less than five members 1 29, 258 Rural District Councillors- Acceptance of office by ... 234, 272 Casual vacancy among . . . 234, 272 Disqualifications for office of 217, 270 Where person disqualified for being guardian ... 219, 270 Election of ... 124, 221, 258 Union or division of parishes for ... ... ... 124, 278 Where council become un- able to act ... 128, 278 See also " Elections under Act." To act as guardians 123, 129, 258 Nominated by Local Government Board, will not act as guardians 129 Number of... ... 124, 258, 278 For new parish ... 124, 283 Qualification of ... ... 124, 258 Re-eligibility of, for election 234, 272 Resignation of ... ■ ... 234,272 Retirement of ...124, 125, 258, 278 Elected at first election 125, 283 Term of office of ... ... 124,258 Where less than five, for rural district ... ... 129, 258, 264 Nomination of additional members by Local Govern- ment Board ... 129, 258 Rural Parish— Where co-extensive with rural district 29, 188, 198, 264 Definition of ... ... 7, .241 Division of, into wards f(jr election of — Parish councillors ... 199, 255 Guardians or rural district councillors... ... 124, 27S Rural Parish {contd.)— Affected by, constitution or altera- tion of urban district ... 203, 275 Grouped parishes — Application of, provisions to 36, 266 Dissolution of group 25, 36, 266 Name of ... 36, 198, 276 Parish council and parish meetings for 36, 241, 266 Separation of parish on in- crease of population 24, 37, 266 To be within .same county and county district 36, 266 See also " Grouping of Parishes." Increase or decrease of population in, eslalilishment or dissolution of parish council on ... 37, 266 Name of 34, 242 Not having a pari.sh council, special provisions as to 24, 255 Part of— Adoption of adoptive Acts for 20, 84, 245 With defined boundaries and distinct rights, provisions as to 20, 56, 137, 265, 272, 276 Where adoptive Acts in force for ... ... 86, 275 Witli population of less than 200 188, 197, 264 Union of, for election of guardians or rural district councillors 124, 278 See also " Parish." Rural Sanitary Authority— S E.xisting members of, cunlinvic in office until apjiointed day 133, 283 Transfer of powers, &c. , of, to rural district council 129, 144, 259 Rural Sanitary District- To be called " rural district " 129, 257 Where rural [larish co-extensive with 29, 188, 198, 264 Where situate in more than one county ... 129, 188, 196, 258, 264 Where parish partly within and partly without 10, iSS, 241, 264 Sec also " Rural District." 460 INDEX. I'AGE Sanitary District— See " Rural Sanitary District " and "Urban Sanitary District." Saving-— As to — Affairs of the church 41, 47, 49, S3, 56, 243, 244, 246, 255 Ecclesiastical charity 47, 49, 53, 55, 56, 243, 244, 246, 252, 255 Elementary schools ... 73, 279 Existing byelaws, orders, &c. 181, 287 Existing contracts, &c. 178, 287 Existing securities and dis- charge of debts, &c. 179, 287 Guardians for the City of Oxford 120, 278 Liability of authority or person to repair or maintain footpaths ... ... 64, 251 Obligation of district council as to supply of water or execution of sanitary works 63, 246 Pending proceedings 181,287 As to powers ol — Charity Commissioners to settle or alter schemes re- lating to charities ... 75,252 County council as to roadside wastes ... ... 156, 260 Improvement commission as to harbour ... 179,279 Local Government Board with respect to — Alteration of unions 191,264 Proceedings of guardians 135. 278 Parliamentary electors under Allotments Acts ... ... 244 Secretary of State as to Alder- shot district council 120, 278 Urban sanitary authority as to rights of way, commons, &c., 159, 260 As to — Powers and identity of urban sanitary authority 131, 286 Saving [rontd.)— As to^ Proceeding commenced before appointed day ... 181, 286 Rates and precepts made before appointed day 179, 286 Recent charity ... 76, 252 Valuation list for parish divided Ijy Act ... 11, 286 Scheme- Relating to charity 23, 75, 77, 252 For creation of new borough, to provide for effect on parishes 203, 275 School. See " Elementary School." School Attendance Com- mittee 127 School Board- Application by parish meeting for formation or dissolution of 23, 273 Schoolroom- Use of, by parish council or parochial electors for meetings, &c. 79, 242 Use of, Ijy returning officer 223, 272 School Sites Acts- Powers of owners and ratepayers under, parish meeting,may exer- cise ... ... .... 21, 273 Scilly Islands- Application of Act to ... 172,281 Provisional orders for ... 281,362 Seal— Listrument uijder — Of parish council 34, 242, 290 Of chairman and overseers 26, 256 Of parish meeting 19, 256, 290 Of parish council ... ... ... 35 Of rural district council ... 130,258 Secretary of State- Determination by, of question as to use of certain rooms for meet- ings 79, 243 .Saving for powers of, as to Alder- shot district council ... 120, 278 INDEX. 461 Security— For borrowing by parish council 68, 251 Cannot be required from overseer 42 Of treasurer of parish council 46, 254 Saving for existing ... 179,287 Sewers- Default of rural district council to provide or maintain 66, 152, 254 Notice by rural district council of contract as to ... 66, 146, 254 Small Holding- Definition of ... ... ... 116 Saving, as to hiring for allotments, of... ... 115, 250 Small Holdings Act, 1892— Delegation to committee of powers of county council under 58, 241- Constitution of committee 58, 245 Parish councillors substituted for allotment managers 57, 244 Special Expenses— Of rural district council 149, 166, 262 May be raised as general expenses ... ... ... 167 Separate rate for ... ... 167 Spring- Power of parish council to utilise for water supply ... 63,246 Summary Proceedings— For deterri.ination of questions as to transfer of powers ... 180,281 Sundays- Provisions as to ..-. ... 9,281 Surveyor of Highways— Body appointing, to lie deemed a highway authority ... 151, 284 Election of, in 1894 ... 47, 150 Transfer of powers of, to rural district council ... ... ... 147 \Miere transfer of powers post- poned — Becomes officer of jjari.sh council ... ... ... 184 Election of, by parish council 49 See also " Highway Authorily." Tithe Apportionment- Custody of 71 Title of Act 282 Town Clerk - Duties of, as to registration of electors ... ... 210-217, 26S Town CJouncil. See "Borough" and " County Borough." Township- Included in expression "parish" 7 Transfer— Of powers, &c. , to parish council or meeting, construction of re- ferences in enactments 39, 88, 275 Of powers, &c., summary proceed- ings for determination of ques- tions as to ... ... 179,281 Of properly, debts and liabilities where powers, &c. , of one autho- rily transferred to another 178, 280 To chairman and overseers in parish with no parish council, Of legal interest in certain properly 26, 256 To council of county borough. Of certain powers of justices 160, 262 To county council. Of powers of defaulting dis- trict council 107, 152, 158, 254, 260 General provisions as to 182, 279 To district council Of certain powers of justices 159, 260 Of certain existing officers 151, 284 To Local Government Board Of powers of county council for jjringing Act into opera- lion ... 192, 265 To parish council Of legal interest ir. property vested in churchwardens or overseers 53, 54, 243 Of powers of allolment, managers, &c. ... 57, 244 462 INDEX. Transfer {coutd.)~ •To parish council {contd. ) — Of powers, &c. , of appointing overseers or assistant over- seers 39. 243 Of powers, &c., of authority under adoptive Acts 86, 245, 27s Of powers of guardians as to sale, &c. , of parish property 55, 244 Of powers of vestry to appoint trustees or beneficiaries of charity 75, 252 Of certain powers of vestry, churchwardens and over- seers 47, 49, 50,56,151,243,244 Of public property held by trustees ... ... 54, 251 To parish meeting Of power of adopting adop- tive Acts 21, 244 Of certain powers, &c., where there is no parish council 25> 151, 255, 275 Of power of applying for form- ation or dis.solution of school board ... ... 23, 273 To rural district council. Of powers of rural sanitary authority and highway authority ... 144, 146, 259 Of officers 151, 284 To urban district council, Of powers of authority under adoptive Acts 86, 275, 279 Treasurer— Of parish council 46,254 Trustees- Definition of ... ... ^r^ 7_^^ 282 Transfer to parish council of pro- perty held by 54, 251 Of parochial charity. Appointment of, In place of churchwar- dens and overseers, 25, 75, 252, 255 Trustees [contd.)— Of parochial charity [contd. ) — Appointment of. Additional trustees, 25, 75, 171, 252 Determination of ques- tions as to ... 78, 281 In grouped parishes 36, 266 In urban district 171, 263 Saving as to recent charity ... 76, 252 \\Tiere vestry formerly entitled to appoint 75, 252 Where parish divided by Act II, 76, 264 Eligible for re-appointment, 76, 252 Term of office of ... 76, 252 Not to receive benefit from the charity... ... 76. 252 Unhealthy Dwellings- Representation as to ... 59, 244 Union (Poor Law)— Alteration of ... 191, 264, 364 Affecting first elections 199, 2S5 Definition of ... ... ... 9 Parish divided by Act ; the new parishes to remain in same 1 1 , 265 Where situate in more than one county ... 123, 125, 190, 257, 265 Where wholly or partly in county borough... ... ... ... 123 Union Assessment Com- mittee 126 Urban District- Alteration, division, conversion, &c., of ... ... ... 1S9, 363 Excluded part of, under sec. 216 of Public Health Act, 1875 H^, 259 Where parish situated in more than one ... ... 10, 264 Constitution, extension or dim- inution of, provision to be made as regards parishes affected 203, 275 Change of name of 128, 131, 276 No parish councils or parish meetings in ... ... ... 13 463 Urban District [contJ.)— Provisions as to adoptive Acts in 86, 279 Provisions as to conferring powers . of parish council on authority in 169, 263 What is an ... 128, 131, 257 Wards of, for election of councillors, formation or altera- tion of 132, 189 Urban District Council- Accounts of, audit, &c., of 173-177, 277 Appointment by, of trustees of parochial charity ... 171, 263 Approval of, to adoption of adoptive Acts for any part of district 87, 279 Chairman of. See " Chairman of Urban District Council" Committees of ... 136, 276, 290 Default of, as to protection of rights of way, &c. ... 158, 260 Employment of, as agents of county council ... ... 159, 279 Expenses of, incurred under Act 165, 260 Joint committee ... ... 137, 276 Meetings of. See "Meeting" Name of ... ... ... 131, 257 Change of ... 128, 131, 276 Change of, from "urban sanitary authority " not to affect identity or powers of body 131, 286 Powers, &c. , of, as regards — Commons ... ... 156, 259 Highways, repairable ratione tenttrcE ... ... 154, 259 Purchase or hiring of land for allotments ... 106, 115 Rights of way ... 156, 259 Roadside wa.stes ... 156, 259 Certain powers of parish council may be conferred on 169, 262, 263 Proceedings of, rules as to 134, 277, 328 Urban District Council (ccw.W. )— Representation to, as to allot- ments ... ... ... ... 106 Transfer to. Of certain powers of justices 159, 260 Of powers, &c. , of authority under adoptive Acts 86, 275, 279 Unable to act, county council may order new election and appoint temporary members ... 128, 278 Vice-chairman of ... ... 135,277 What is an... ... ... 131, 257 See also " Urban District Coun- cillors" and "Urban Sanitary Authority. " Urban District Councillor- Acceptance of office by ... 234,272 Alteration of number or apportion- ment of councillors ... ... 132 Casual vacancies among ... 234, 272 Disqualifications for office of 217, 270 Election of ... 131, 221, 257 See also " Elections under Act." Nomination by, of trustees of charity 171, 263 Qualification of ... ... 131, 257 Re-eligibility ior election 234, 272 Resignation of ... ... 234, 272 Retirement of ... ... 132, 258 Elected at first election 132, 283 Term of office of ... ... 132, 258 Where number fixed under local Act 132, 287 Urban Powers— Conerring of, on rural district councils by order — Under Local Governnient Act, 1894 145, 259 Under Public Health Act, ''"^75 145.325 Urban Sanitary Authority 4 Become urban district council 131,257 Continuance in office of existing members of, until appointed ''•iy 133, 238 464 INDEX. Urban Sanitary Authority {contd. )— Ex-officio or nominated members, abolition of ... ... ... 257 Saving for existing powers of, as to commons ... ... I59> 260 See also " Urban District Council." Urban Sanitary District — To be called " Urban District." 131, 257 Where parish situate partly within and partly without ... 18S, 264 Vacancy— In office of district councillor or guardian by reason of disqualifi- cation or absence, declaration and notification of ... 220,271 Not filled at election of parish councillors, continuance in office of retiring councillor ... 30,271 See also " Casual Vacancy." Vacation of OflBce— By absence from meetings 220, 270 On conviction for election law ofifence ... ... ... ... 349 Valuation List 43. 127 Appeal or objection in respect of 50, 244 For parish divitled by Act li, 286 Vestry (Generally)— Definition of ... .. 9, 282 Open vestries ... .. ... 2 Powers of, under Highway Acts, transferred to rural district council ... ... ... ... J 47 Powers of, as to rating of owners, may be conferred on authority in urban district or London 170, 263 Select and other vestries... ... 2 In urban district, not affected by Act 3 Vestry in Metropolis- Existing provisions as to. Auditors of ... Chairman of . . . 138 140 140 Vestry in Metropolis [contd.]— Existing provisions as to {contd.) — Election, number, qualifica- tion and term of office of vestrymen ... ... ... 139 Ex-ofii:io members of ... 140 Powers and duties of ... 139 Wards of parishes ... ... 1 39 Application of Act to members of. Acceptance of office... 234, 272 Casual vacancies ... 234, 272 Chairman ... ... 141, 262 When to be justice of peace ... ... 142, 262 Continuance in office of exist- ing members until ap- pointed day ... 143, 283 Disqualifications for office, 141, 220, 271 Election ... 141, 221, 262 By parochial electors, 141, 262 Hours of poll ac 222, 262 In 1894 143, 285 See also "Elections under Act." Ex-officio chairmen abolished, 141, 262 Ex-ofificio members retained 141 QuaHfication... ... 141, 262 Re-eligibility for election, 234, 272 Resignation ... ... 234, 272 Retirement after first election 143, 284 Term of office not affected... 142 Meeting of... ... ... 142,262 First Meeting ... 143,283 Powers of a parish council may be conferred on ... 169, 263 Powers of, as to charities ... 172 Vestry in Rural Parish- Application by, for alteration or division of parish before ap- pointed day ... ... 200, 285 Continues for ecclesiastical purposes ... ... 47, 75 Meaning of term, in adoptive Acts 245 INDEX. 465 Vestry in Rural Baxish—iconid. ) Transfer of powers of 47, 243, 245, 252, 255 Vestry Clerk- Parish council cannot appoint to office of ... ... ... 46, 254 Existing, to become clerk of tne parish council ... 46, 184, 284 Vestry Room- Provision of ... ... 52, 244 Of church, right of parish council or meeting to meet in ... ... 81 Vice-Chairman— Of board of guardians, 126, 135, 257, 277 Of parish council ... ... 31,289 Of rural district council ... 135, 277 Of urban district council... 135, 277 Parish meeting for parish without separate parish council cannot appoint a ... ... ... 15 See also " Chairman." Village Green- Powers of parish council as to management of 56, 61, 244, 246 Voting — At elections under Act ... 222, 271 No plural voting, or voting by proxy ... ... ... 221 Of guardians, or district councillors 121, 131, 221, 256, 258 First elections ... ... 286 At meeting of parish council 33, 289 At parish meeting 17, 18, 22, 241, 288 No plural voting, or voting by proxy... .. ... 22 At poll consequent on parish meeting , ... ... 18, 241 Wards- Division of parish into, for election of parish councillors 20, 199, 255 Separate election for each ward 199, 255 Alteration of orfler ius to 199, 255 "Wards— (con/d.) Division of parish into, for elec- tion of guardians or rural dis- trict councillors ... 124,278 County council cannot alter wards ... ... ... 125 Division of parish or district into, before appointed day ... 199, 285 Of parish in London for election ofvestiymen ... ... ... 139 Of county district (not borough), alteration of number and bound- aries of ... ... ... ... 189 Lists and registers of electors to be framed in parts for ... 216, 267 Of urban district, formation or alteration of ... ... 132, 189 Of urban district, where wards created under local Act 132, 287 Water Supply- Default of rural district council as to 66, 152, 254 Duly of rural district council as to 153 Land for purpose of, parish council can only acquire by agreement 63, 248 Notice by rural district council, of contract as to 66, 146, 254 Obligation of district council as to, not affected .. . ... 63,246 Provision of, by parish council 63, 246 Waywarden. board." See " Highway Well- Power of parish council to utilise for purpose of water supply 63, 246 Woman — Chairman of district council if a, not to be justice ... 135, 257 Not di.sf|ualified l)y sex or marriage for oflice of — (iuardian ... ... 121, 256 Meml)er of London vestry or district board, or of Wool- wich Local Board... 141, 262 F V i66 INDEX Woman {contd.)— Not disqualified by sex or marriage for office of {coiitd.) — Parish councillor ... 29, 242 Rural district councillor 124, 258 Urban district councillor 132, 257 Married or single, eligible for being on parochial register of electors 13, 206, 267 Married, disqualified for being on burgess roll or county register 206 To be placed on separate list of parochial electors ... 214 And husband, not to be quali- fied in respect of same ■ property 206, 267 Position of, under Act, as guardian of parish in borough ... ... 121 Woolwich Local Board— E.xisting provisions as to... ... 141 Application of provisions of Act to members of 141-3, 221, 234, 262, 271, 272 Chairman of ... ... 141, 262 First meeting of, under Act, con- vening of ... ... 143,283 Certain powers of a Parish Council may be conferred on ... 169, 263 See also " Elections under Act." Works— Execution of, by parish council 57, 64, 246 Obligation of district council as to execution of sanitary works not affected ... ... 63,245 Hadden, Best or Co., Printers, West Harding Street, Fetter Lane, London, E.C. \^ UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form 1,-9 aom-1, '41(1152) O., ►ws :- JUIJNI r)UAKL»S rUK. ori:,»-.xrvj-. o^T.i.^ a v ^i->. i '■ <^ RPOSES. School Attendance Committees {appointed ^ by Urban Authorities). Library Authorities. Local Fisheries Committees. Returning Officers {Elections). PART v.— Legal, Commercial, and Official Stationery. AT STORES PRICES. West Harding Street, Fetter Lane, B.C. UWiViJ;K81T3C of IJAUFOKNIA I 'r ■ 2580 Hadden» s ^1 Hll handbook ■__a£S4 ori the- ^1 Local gov- eminent a'c^t7"1894 Bej I' LB2580 .H11 1894 yr 009 533 314 2 LB 2580 Hll lc94 COMMERCIAL Statloiieis, kVD MANUFACTURERS. rl ix ir JjL Jta Jtv. jS « RELIEF STAMPERS. I RULERS. 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