The Local Government Act l 8 9 4 s ( Districts Parish Councils) Mac vi or ran' a Dill. F-RS/ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY lPARATION. LEY'S Health, ditions, including all Statutes lth to the present time, and ises to date of Publication, lex, &c. OTH EDITION, BY A. MACMORRAN, M.A., Esq., Of the Middle Temple, Barrister-at-Law. ► ♦♦■♦••♦•♦♦♦•♦■•♦•♦-♦-♦•♦•♦-♦■-♦•♦♦♦♦•♦•♦♦■♦•♦♦♦•♦■•♦■♦♦♦♦♦♦♦♦-♦••♦■♦•♦■ OPINIONS OF THE PRESS ON LAST EDITION. " Without question the most complete work relating to the subject with which it deals " — Lancet. " This work has now been carried to the highest pitch of excellence by the present editor." — Justice of the Peace. " As a Manual it is not likely to be superseded." — Law Times. " The book is a very complete and accurate handbook." — The Law Journal. " Indispensable as a working authority with all concerned in ' local govern- ment.' " — Law Journal. LONDON : SHAW & SONS, FETTER LANE, E.C. LOCAL GOVERNMENT ACT, 1894. I VVVVVV + T V V» VV V ' O ' W V*'VVV » VV » '/»t i » »»TT»»» FOR All Books, Forms : and Stationery REQUIRED BY County Councils, District Councils, Parish Councils, and for all Parochial Purposes, APPLY TO SHAW & SONS, Xocal Government printers, publishers, anfc Stationers, 7, 8, & 9, FETTER LANE, AND 2 & 10, CRANE COURT, LONDON, E.C, ESTABLISHED (CIR.) 1750. CATALOGUES FREE ON APPLICATION. THE fatal (SMpmpt &tt, 1894, WITH AX INTRODUCTION, APPENDIX, AND INDEX, FORMING AN EPITOME OF THE LAW RELATING TO PARISH COUNCILS, A.ND SHOWING THE ALTERATION IN THE LAW RELATING TO DISTRICT COUNCILS AND BOARDS OF GUARDIANS. BY ALEXANDER MACMORRAN, M.A., in OF l III' MIDDLE TEMPLE, Editor of Lumley's " Public Health'' " Tht Local Government Art. 1888," and one of the Editors of the "Justice of the Peace," $c. AM) T. R. COLQUHOUN DILL, B.A., ol- i in: i. m R Ti. MM. I , BARRIBTERS-AT-LAW. LONDON : SHAW & sons. I II III; LANK AND CRANE COURT, E.C., Xnw printers an& publtebers, 1894, LONDOX : PRINTED P.Y MI UV AM) SONS, FETTER LANK. B.C. T AUmL 1*94 £ PREFACE. <* (T\ •o TN preparing this Edition of the Local Government Act, 1894, the Authors have found their task rendered very arduous by reason of the length to which the method of legislation by reference to previous enactments has been carried in this measure. After careful consideration, it has been thought that the object of the present Work would be better achieved by a full annotation of the text than by setting out the incorporated Acts in full. Accordingly, those provi- sions of other enactments which bear upon the present Act have in all ca>es been given in the notes to the section to which they apply, and, wherever it is neces- sary, to the full understanding of the text that the words of an applied enactment should be given, it has been set out in extenso. By this method it is hoped that the meaning of the provisions of this Act, when combined with those of incorporated Acts, will have been made intelligible. Many <>!' the provisions of the Act come into im- mediate operation ; the Author- have, therefore, aimed at placing their interpretation of it in the hand- of those whom it affects at a- early a date a- possible, but they have considered speedy publication a secondary matter v, ;,_ compared with a deliberate examination and adequate explanation of the many points of difficulty inhereni in ;i subjed of such complexity. a 2 iv Preface. since this Act received the Royal assent (on the 5th of March last), the Local Government Board have issued Circulars relating to the effect of the measure upon different local authorities. They have also made Orders under some of the powers conferred upon them by the Act. The Circulars and Orders will be found collected in the Appendix. In one case, an important Order has been set out in a note (see section 3G). A. M. T. R, 0. 1). Temple, May, 1894. CONTENTS. Preface Table of Statutes cited Table of Cases cited . . . introduction PAGE , . . iii xi , ..xxiii ... XXV THE LOCAL GOVERNMENT ACT, 1894. arrangement of sections. PART I. Parish Meetings and Parish Councils. Constitution of Parish Meetings and Parish Councils. SECT. 1. Constitution of parish meetings and establishment of parish councils ... 2. Parish meetings 3. Constitution of parish council 4. Use of schoolroom ... Powers and Dutii i of Parish Councils and Parish Meetings 5. Parish council to appoint overseers 6. Transfer of certain powers of vestry and other authori- ties to parish council Transfer of powers under adoptive A< ts Additional powers of parish council Powers for acquisition of Land Siring of Land for allotmenl |: n Lctions on expenditure 1 2. Borrowing by parish council 13. Footpaths and roads... l L Public property and charitie L5. Delegated powers of parish eouni LI 7. 8. 9. 10. 11. 1 5 10 18 26 30 II is 56 73 87 :»l 96 105 VI ( 'ontents. SECT. l ' A ' ;l: L6. Complainl by pariah council of default of district council ... ... ... ••• ••• ••• ••• '"'• 17. Parish officers and parish documents L08 is. Parish wards 113 19. Provisions as to small parishes 115 PART II. Guardians and District Councils. 20. Election and qualification of guardians 121 21. Names of county ilist rids and district councils \-2V> 22. Chairman of council to he justice ' -' 23. Constitution of district councils in urban districts not being boroughs 128 24. Rural district councils 130 25. Powers of district council with'respect to sanitary and highway matters... ... ... ... ... ... 134 26. Duties and powers of district council as to rights of* way, rights of common, and roadside wastes 138 27. Transfer of powers of justices to district council ... 142 28. Expenses of urban district council 145 29. Expenses of rural district council 146 30. Guardians in London and county boroughs 150 31. Provisions as to London vestries and district boards ... 150 32. Application to county boroughs of provisions as to transfer of justices' powers 153 33. Power to apply certain provisions of Act to urban districts and London 153 34. Supplemental provisions as to control of overseers in urban districts 156 35. Restrictions on application of Act to London, &c. ... 157 PART III. Areas and J'.oindahiks. 36. Duties and powers of county council with respect to area and boundaries L58 37. Provisii n as to parishes having parts with defined boundaries ... ... ... ... ••• ••• 173 38. Orders for grouping parishes and dissolving groups ... 173 Contents. vn SECT. p AGE 39. Provisions for increase and decrease of population ... 175 40. Certain orders of county council not to require con- firmation ... ... ... ... ... ... ... 177 41. Eeduction of time for appealing against county council orders 177 42. Validity of county council orders , 177 PART IV. Supplemental. Parish Meetings and Elections. 43. Removal of disqualification of married women ... ... 178 44. Register of parochial electors 179 45. Supplemental provisions as to parish meetings 191 46. Disqualifications for parish or district council 192 47. Supplemental provisions as to parish councils ... ... 201 48. Supplemental provisions as to elections, polls, and tenure ofoffice 204 49. Provision as to parish meeting for part of parish ... 211 50. Supplemental provisions as to overseers 212 Parish and District Councils. 51. Public notices 213 52. Supplemental provisions as to transfer of powers .. 214 .".:;. Supplemental provisions as to adoptive Acta 219 54. Effect on parish council of constitution of urban dj tricl 223 55. Power to change name of district or parish ... .. 225 56. Committees of parish or district councils 226 :•",. Joint committee 228 58. Audit of account of district and parish councils and inspection 230 59. Supplemental provisions as to district councils 234 Misa lla i" o 60. Supplemental provi ion aardians 237 ci. Place of m< pai ish or di tricl council or board of guardians ... ... ••• ••• ••• ••• ••• -• ;: ' 62. Permissive transfer to urban districl council of powers of other authorities 2 W Yin < 'ontents. SECT. G3. Provisions as to county council acquiring powers district council ... G4. County council may acl through district council 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 boundaries 70. Summary proceeding for determination of questions to transfer of powers 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 70. Extent of Act 77. Short title PAGE Of 240 242 2 13 243 243 244 as 247 24!) 25< » 251 252 253 253 257 257 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 bye-laws 88. Saving for pending contracts, &c. ... 89. Repeal of Act- 257 258 262 263 268 269 269 272 272 273 273 274 Fin- 1 SCHEDTJId Second Schedule .. 285 Contents. ix APPENDIX. PAGE Circular of Local Government Board, 5th March, 1894, to guardians and urban sanitary authorities other than town councils ... ... ... ... ... ... 289 Circular of Local Government Board, 9th March, 1894, to highway boards in England and North Wales ... 290 Circular of Local Government Board, 12th March, 1894, to highway boards in South Wales 292 Circular of Local Government Board, 19th March, 1894, to metropolitan vestries and district boards and the local board of Woolwich ... ... ... ... ... 294 Circular of Local Government Board, 24th March, 1894, to county councils, except the council for the Scilly Isles and the London County Council 298 Circular of Local Government Board, 2nd April, 1894. Registration ... ... ... ... ... ... 318 Circular of Local Government Board, 3rd April, 1894. Boards of guardians ... ... ... ... ... 3 1 9 Circular of Local Government Board, 30th April, 1894. County councils 321 Circular of Local Government Board, 30th April, 1894. Town councils of county boroughs ... ... ... 322 Order of Local Government Board, 22nd March, 1894. Regulations as to inquiries and notices during 1894 ... 332 Order of Local Government Board, 27th April, 1894. County boroughs, regulations as to inquiries and notices during L894 340 Statemenl bj Local Government Board as to effect of Act on burial boards 347 TABLE OF STATUTES. 43 Eliz. c. 2. ■ ■ ^ Poor Eelief Act, 1601. s. 1 ... TAGE ...26,28 22 Geo. 3, c. 83. Poor Relief (now repealed) ... ...36,37 26 Geo. 3, c. 71. Knackers Act, 1786 144, 145 52 Geo. 3, c. 146. Parish Registers Act s. 5 ... 35 ... Ill 5 i Geo. 3, c. 91. Overseers Act 27, 285 55 Geo. 3, c. 137. Poor Law Act, 1815. ss. 1, 2 ... 35 58 Geo. 3, c. 69. Vestries Act, 1818 ss. 1—4 B. 1 s. 2 s. 3 s. 6 6, 34. Ill ... 285 ... 214 ... 278 6 35, 112 59 Geo. 3, c . i± Poor Relief Act, 1819 s. 7 26, s. 17 29, 36, 37 27, 109, 154 35, 218 59 ' reo. 3, c ;. 85. Vestries Act, 1819 s. 2 ...6,285 6 1 & 2 Will. 4,c. 32. ( :.ime Act, 1831. s. 18 ... 143 1 & 2 Will. 1... 12, Poor Relief Act, 1831 36, 37 2 Will. I,*. .VJ. Poor Relief Act, 1831 36, 37 1 & 2 Will. 1, -'. 60. Vestries Act, 1831 ... 285 2 Will. 4, c . 12. Allotments Act, 1832 3. 3 ... 37 ... 31 2 Will. 1, c . 15. Reform Act, or Representation of the People Act, 1832 ... L82 . 27 11 1 Will. l,c. 90. Lighting and Watching Act, . 9 33 73 .... il, 42, I.'- ... 46 48 ... 47 xii Table of Statutes. PAGK 4 & 5 WiH 4, i'. 70. Poor Law Amendment Act, 1834 37, 66, 195, 214 S. 12 G4, 251 s. 15 ... 236 s. 32 170 s. 36 215 s. 38 121, 123, 237, 285 »s. 39—41 286 s. 41 125 s. 48 27,286 s. 62 215 :» & 6 Will. 4, c. 50. Highway Act, 1835 91—94, 134 ss. 5, 6 256 .s. 6 264 s. 18 264 ss. 27—29 149 s. 48 217,286 s. 72 141 s. 84 94 ss. 84—92 91 s. 88 92 5 & 6 Will. 4, c. 62. Statutory Declaration Act, 1835 ... 266 5 & 6 Will. 4, c. 69. Union and Parish Property Act, 1835 37, 215, 217 6 & 7 Will. 4, c. 86. Births and Deaths Eegistration Act, 1836 Ill 7 Will. 4 & 1 Vict. c. 45. Parish Notices Act, 1837. s. 2 214 s. 3 286 7 Will. 4 & 1 Vict. c. 83. Parliamentary Documents Deposit Act, 1837 110 2 & 3 Vict. c. 84. Poor Kate Act, 1839. s. 1 87 4 & 5 Vict. c. 38. School Sites Act, 1841 215 s. 6 215 5 & 6 Vict. c. 18. Parish Property and Parish Debts Act, 1842 217 5 & 6 Vict. c. 57. Pour Law Amendment Act, 1842. s. 8 286 s. 11 209,286 s. 14 195,199 s. 15 286 5 & 6 Vict. c. 10!). Parish Constables Act. s. 3 31 Table of Statutes. xiii PAGE 6 & 7 Vict. c. 18. Parliamentary Voters Registration Act, 1843. s. 36 186 7 & 8 Vict. c. 37. School Sites Act, 1844 215 7 & 8 Vict. c. 87. Knackers Act 145 7 & 8 Vict. c. 101. Poor Law Amendment Act, 1844. s. 14 124 s. 17 286 s. 18 237 s. 19 123 s. 20 286 s. 24 121, 286 s. 32-36 233 s. 61 26,27,265,286 s. 62 109,264 s. 63 87 s. 66 170 8 Vict. c. 18. Lands Clauses Consolidation Act, 1845 "... 56,65,66 s. 75 64 ss. 128-132 69 8 Vict. c. 20. Railways Clauses Consolidation Act, 1845 57,65 ss. 8, 9 Ill ss. 77-85 59,65 8 & 9 Vict. c. 71. Highways Act 217 8 & 9 Vict. c. 118. Inclosure Act, 1845 36 s. 72 55, 217 9 & 10 Vict. c. 74. Batlis and Washhouses Act, 1846 41, 43 s. 5 45 s. 16 46 ss. 21-23 88 10 & 11 Vict. c. 61. Baths and Washhouses Act, 1847 41,43 10 & 11 Vict. c. 65. Cemeteries Clauses Act, 1847 ... 44 10 & 11 Vict. c. 109. Poor Law Board Act, 1847. ss.20,21 64,251 11 & 12 Vict. c. 91. Poor Law Audit Act, 1848. .4-9 233 12 & 13 Vict, c 45. Quarter Sessions A< t, L849 92 l -i & 1 3 Vict. c. 49. School Sites Act, 1849 215 L2 & 13 Vict, c 103. Poor Law Amendmenl Act, 1849. s. 7 87 9, 11 233 MY Table of Statutes. PAGE 13 & I I Vict. c. 57. Ve in> Art, 1850 ... s. 1 s. 7 ss. 6-9 29 34, 108, 264 L9 ... ins ... 286 II & Lfi Vict c. 24. School Sites Act, 1851 a , ... 215 1 1 & 15 Vict, c 1 ( 15. Poor Law Amendment Act, 1851. ss. 2, 3 , , ... 286 s. 9 , . ... 87 15 & 16 Vict. c. 69. Woolwich Local Board. ss. 1, 2, 4 ... 151 15 & 1G Vict. c. 81. County Rates Act, 1852 ss. 17, 22 •• ... 34 ... 34 15 & 16 Vict, c. 85. Burial Act, 1852 ... s. 10 s. 19 ss. 20, 21 ... 41, 43 ... 45 ... 46 ... 88 16 & 17 Vict. c. 65. Vestries Act, 1853 ... 6, 286 16 & 17 Vict. c. 134. Burial Act, 1853 41, 43 16 & 17 Vict, c 137. Charitable Trusts Act, 1853 54, 55, 97, . 250 s. 10 ... 103 s. 43 ... 102 s. 48 ... 218 ss. 54-60 ... 98 s.61 . . . ... 103 ss. 55, 57 ... 101 17 & 18 Vict, c. 87. Burial Act, 1854 ss. 4, 5 ... 41, 43 ... 88 17 & 18 Vict. c. 112. Literary and Scientific Institutions Act, 1854 . . ... 214 s. 6 ... 215 18 & 19 Vict. c. 119. Passengers Act, 1855... .. ... 143 ss. 3, 66-71, 75-81 ... .. ... 144 18 & 19 Vict. c. 120. Metropolis Management Act, 185. «... L51, 152, 207 s. 2 . , ... 152 s. 6 151, 287 . 11 ... 152 . 13-27 ... 287 s.30 ... 287 s. 41 ... 152 s. 54 .. ... 287 s. 235 ... 287 s. 238 ... 151 Table of Statutes. xv PAGE 18 & 19 Vict. c. 124. Charitable Trusts Act, 1855 55, 97, 102, 250 ss. 6, 44 102, 103 s. 13 ... 101 s. 15 ... 218 18 & 19 Vict. c. 128. Burial Act, 1855 29, 41, 43 s. 3 ... 45 s. 6 ... 88 s. 13 ... 47 s. 18 ... 32 19 & 20 Vict. c. 112. Metropolis Management Act, 1856. ss. 6-8 ... 287 20 & 21 Vict. c. 22. Public Health Supplemental Act for Aldershot, 1857 ... 236 20 & 21 Vict. c. 31. . Inclosure Act, 1857. s. 12 ... 37 20 & 21 Vict. c. 35. City of London Burial Act, 1857 41, 43 20 & 21 Vict. c. 43. Summary Jurisdiction Act... ... 201 20&21 Vkt. c. 81. Burial Act, 1857 41, 43 s. 5 ... 47 ss. 18-21 ... 88 22 Vict. c. 1. Burial Act, 1859 ... 43 22 Vict. c. 26. Superannuation Act, 1859 ... ... 267 23 & 24 Vict. c. 30. 1 ' Public Improvement Act, 1860 ...41, 44 B. 4 45, 46, 287 23 & 24 Vict. c. 64. Burial Act, 1860 ...41,43 23 & 24 Viet. c. 90. Game Licenses Act, 1860 ... 143 23 & 24 Vict. c. 106. Lands Clauses Act, 1860 ...56,65 23 & 24 Vict. C. 136. Charitable Trusts Act, 1860... 55, 97, 250 s. 2 ... 218 . 6 ... 100 s. 8 102, 250 24 & 25 Vict, c, 61. Local Government Act, 1861 ... 136 24 & 25 Vict, c . 125. Parochial Officers Act, 1*61... 19, 29, 31, 35 25 & 26 Vict, c .61. Highway Act, 1862 92, 135 8. 11 ... 217 25 & 26 Vict, c . l'i'». Burial Act, 1862 ...41,44 26 >v 26 Vict, c . 102. Metropolis Managemenl Act, 1 B62. 8.36 ... 287 8.37 ... L53 B. 40 ... 287 x\i Table of Statutes. PAGE 25 & 26 Vict. c. 103. Union Assessmenl Committee Act, 1862 33 ss. 2, 5 287 ss. 18, 32 33 25 & 26 Vict. c. 112. Charitable Trusts Act, 1862... 54, 55, 97, 250 27 Cc 28 Vict. c. 39. Union Assessment Committee Act, 1864. s. 1 33 27 & 28 Vict c. 101. Highway Act, 1864 135 s. 20 198 s. 21 92 s. 51 141 29 & 30 Vict. c. 113. Poor Law Amendment Act, 1866. ss. 5— 7 233 s. 11 26 30 Vict. c. 6. Metropolitan Poor Act, 1867. s. 79 121,287 30 & 31 Vict. c. 106. Poor Law Amendment Act, 1867. ss. 4— 6, 9, 12 287 s. 29 35 30 & 31 Vict, c 130. Agricultural Gangs Act, 1867 ... 142 31 & 32" Vict, c 72. Promissory Oaths Act, 1868. ss. 6, 11 127 31 & 32 Vict. c. 122. Poor Law Amendment Act, 1868 ... 310 s. 4 170,287 s. 6 237 32 & 33 Vict. c. 18. Lands Clauses Act, 1869 56, 65 32 & 33 Vict. c. 41. Poor Rate Assessment and Collection Act, 1869 6 s. 3 156 s. 4 31,156 32 & 33 Vict. c. 110. Charitable Trusts Act, 1869... 55, 97, 250 ss. 10, 11 250 33 Vict. c. 14. Naturalisation Act, 1870 193 33 & 34 Vict. c. 23. Felony Act, 1870. s. 2 183,193 33 & 34 Vict, c. 75. Elementary Education Act, 1870 ... 20, 200, 256 . 3 20 s. 12 215,216 Sched. L, Part 2, Rule (2) ... 216 34 Vict, c 12. Fairs Act, 1871 144 34 Vict. c. 18. Solicitors as Justice ... 127 34 & 35 Vict. c. 33. Burial Act, 1871 41,44 Table of Statutes. xvii PAGE 34 & 35 Vict. c. 48. Promissory Oaths Act, 1871 127 34 & 35 Vict. c. 105. Petroleum Act, 1871 144 35 & 36 Vict. c. 24. Charitable Trustees Incorporation Act,1872 55 35 & 36 Viet. c. 33. Ballot Act, 1872 ... 9, 15, 130, 206 s. 6 9, 20, 207 35 & 36 Vict. c. 38. Infant Life Protection Act, 1872 ... 144 35 & 36 Vict. c. 73. Merchant Shipping Act, 1872. s. 5 144 35 & 36 Vict, c 92. Parish Constables Act, 1872. s. 12 31 35 & 36 Vict. c. 93. Pawnbrokers Act, 1872. S3. 42, 43 143 36 Vict. c. 19. Poor Allotments Management Act, 1873 37 s. 1 96 36 & 37 Vict. c. 37. Fairs Act, 1873 144 36 & 37 Vict. c. 86. Elementary Education Act, 1873. s. 6, and Sched. II 20 37 & 3S Vict. c. 40. Board of Trade (Arbitration^ Act, 1871 23 37 & 38 Vict. c. 85. Public Worship Regulation Act, 1874 29 38 & 39 Vict. c. 55. Public Eealth Art. 1875. s. 1 151 s. 6 126 , 7 133 3 287 .9 2, 132—134, 166, 287 , L2 85 . 13—34 L08 28 229 51—70 108 . 91 98 52 III 217 I U I 1- 134, L35 . L63 -12 . [64 50 . L69 I 15 . : 56 . I-:: l^-'i 51 . L85 II- . i I l ( » -. L99 227, 234 6 wiii Tabic of Statutes. TAGE 38 & 39 Vict, c 55. Pul.lic Health Act, 1875- s. 200 -contu vued. 226, 288 s. 201 ...10 5, 226, 261 .-. 202 • > • ... 105 ss. 207, 209, 210 ... ... 145 s. 216 • . i ... 136 ss. 229—232 . . . 146—149 8. 233 t ■ • ...88,89 s. 234 85, 88, 89 ss. 236—239 ... 88 s. 246 ... 230 s. 247 231—233 s. 248 ... 230 s. 250 . . . ... 233 s. 276 ... 137 ss. 293—296 57, 60-63 s. 294 66, 251 s. 296 . . . ... 251 s. 297 57, , 60, 61, 63 s. 299 ... 106 ss. 300—302 . . . ... 107 Sched. I. ... 227, 228, 234, 236, 288 Sched. II ...129,194, 288 Sched. II., Part 1, Rule ; (3) ... 129 « Sched. II., Part 1, Bide (55) 14 Sched. II., Part 1, Rule (64) 195, 198, 199 Sched. V ... 128 39 & 40 Vict c. 56. Commons Act, 1876 ... s. 8 ... ... 37 138, 139 s. 9 • . . ... 49 39 & 40 Vict. c. 61. Divided Parishes and Poor Law Amendment Act, 1876 4, 5, 158, 167 8. 6 • . . 5, 288 s. 8 ■ . ■ ... 288 8. 11 • . • ... 170 s. 12 * . * 123, 237 s. 14 ... ... 184 39 & 40 Vict. c. 62. Exhausted Parish Lands Act, 1876... 217 39 & 40 Vict. c. 79. Elementary Education Act, 1876. s. 7 ... " 261,288 . 11 215,216 41 & 42 Vict. c. 14. Baths and Washhouses Act, 1878 41, 43 Tabic of Statutes. xix PAGE 41 & 42 Vict. c. 26. Parliamentary and Municipal Regis- tration Act, 1878. s. 15 187 B. 28(14) 187,188 41 & 12 Vict. c. 77. Highways and Locomotives Amend- ment Act, 1878 92,135 s. 7 149,150 bs. 13, 15 142 42 Vict. c. 6. District Auditors Act, 1879... 231, 233 42 & 43 Vict. c. 31. Public Health (Interments) Act, 1879 44 42 & 43 Vict, c. 47. Petroleum Act, 1879 144 42 & 43 Vict. c. 49. Summary Jurisdiction Act, 1879. s. 33 ... 201 s. 51 ... 200 42 & 43 Vict. c. 54. Poor Law Act, 1879 : 5 44 & 45 Vict. c. 67. Petroleum Act, 1881 ... 144 45 & 46 Vict. c. 30. Baths and Washhouses Act, 1882 41, 43 45 & 46 Vict. c. 38. Settled Land Act, 1882. s. 48 ... 139 45 & 46 Vict. c. 50. Municipal Corporations Act, 1882 15, s. 9 5, 122, s. 11 S. 12 s. 26 SB. 34, 36, 37, 40 s. 39 s. 45 S. 56 s. 58 s. 63 bs. 74, 7."., and Pan 4 s. 106 s. 140 -. 155 b. 213 s. 231 Sched. III., Pari 3, Rule (5) Sched. V., Pari 2, Rule(l) ... 5,9, 130, 207 184, 193 ... 122 ... 193 . . . 230 ... 208 193, 200 ... 185 ... 209 ... 20 ... 178 ... 206 ... 89 ... 208 ... 127 ... 224 ... 12 ... 208 ... 208 45 & 46 Vict. c. 58. Divided Parish's and 1 *< •■ >i L Ainendmenl Act, L882... .5 aw 5 5 45 &46 Vict, c. 80. Allotments Exten lob 6j t, 1*82 ... 38 46 & 17 Vict. c, 15. Lands < !lau e« ( 1 rmpire) A.i. 1882 b 2 ! 56, 65 NX Table of Statutes, PAGE it; ,v 47 Vict. c 51. Corrupt and [ltegal Practices Preven- lion Ad, L883. s. 38... ' 127 bs. 4,6, 10 184, L93 46 & 17 Vict. c. 52. Bankruptcy Act, 1883 ... 193, 194 s. 32... 127,193, 199 40 & 47 Vict, c (il. Agricultural Holdings Act, 1883 ... 80 s. 5 70 S.61 75 17 & 48 Vict. c. 57. Superannuation Act, 1884 267 47 & 18 Vict. c. 70. Municipal Elections (Corrupt and Illegal Practices) Act, 1884 ...!), 15, 130,206,207 ss. 2, 3 193 ss. 2, 7 184 s. 36 288 s. 37 9,207 48 Vict. c. 3. Representation of the People Act, 1884 181 s. 6 182,184 ss. 10, 12 181 48 Vict. c. 9. Municipal Voters Relief Act, 1885... 122 48 Vict. c. 10. Elections (Hours of Toll) Act, 1885 151, 152 48 & 49 Vict. c. 15. Registration Act, 1885 5 ss. 4, 5 186—188 48 & 49 Vict, c 21. Burial Boards (Contested Elections) Act, 1885 41,44 48 & 49 Vict. c. 46. Medical Belief Disqualification Be- moval Act, 1885 184,193 48 & 49 Vict. c. 53. Public Health (Members and Officers) Act, 1885. ss. 3— 4 288 50 & 51 Vict. c. 26. Allotments and Cottage Gardens Compensation for Crops Act, 1887. -. 5 80 50 & 51 Vict. c. 48. Allotments Act, 1887 38, 39, 57, 58, 60 s. 2 23,39,67,73 s. 3 65, 67, 68, 74, 81, 82 ss. 5-8 69,70,78 s. 6 71 s. 7 79,80 -. 8 80 s. 9 20,40 Table of Statutes. wi 50& 51 Vict. c. 18. Allotments Act, 1887— continued. page s. 11 67,69 3. 12 71 s. 17 68 50 & 51 Vict. c. 49. Charitable Trusts Act. 1887 55,97, 250 50 & 51 Vict, c, 55. Sheriffs Act, 1887. s. 17 127 50 & 51 Vict. c. 61. Local Government (Boundaries) Act, 1887 ... 172 51 Vict. c. 2. National Deb1 (Conversion) Act, 1888 s. 28 ... 55 51 Vict. c. 10. 1 'unity Electors Act, 1888 ... 5 s. 2 1 78, 184 s. 4 ... 187 s. 7 185—188 .-.1 & 52 Vict, c . 41. Local Government Act, 1888. s. 2 ... 127 s. 3 ... 242 ?. 11 136, 142 B. -2'.) 249, 250 s. 31 ... 72 s. 34 ... 72 s. 49 ... 253 e. 52 ... 128 s. 53 ... 172 s. 54 159, 169. 224, 249 57... 158,170,171,177, , 223, 263 s. 58 160, 169 59 ... 247 s. 69 ... 90 s. 74 ... 84 8.75 ... 20 s. 7!i ... 17 . 87 4 • Kin ... L26, 222, 241, 253, 265 -. 120 264, 265 51 &52 Vict. c. 46. Oaths Act, 1888. . 1 ... 127 52 & w.', Vict. c. 31 '. Board of Agriculture An, L889. . 2 ... 139 52 & 53 Vict. c. 19. Arbitration Act, 1889 ... 246 52 & 53 Vict c. 56. Pool Law Act, 1889. . _' ... 246 52 & 53 Vict, c. 63. Interpretation Act, L889. B ...2,253 xxii Table of Statutes. PACK 63 & 6 4 Vict. c. 59. Public Health (Amendment) Act, 1890. s.5 137 8.44 50 53 & 5 l Vict c. 65. Allotments Act, 1890 18, 22, 23, 38, 39, 57, 58, 60 s. 3 57,58, 67, 69 s. 5 20,21,23,25 53 & 54 Vict c. 70. Housing of the Working Classes Act, 1890. s. 31 38 s. 38 39 s.45 39 53 & 54 Vict, c. 71. Bankruptcy Act, 1890 194 s. 9 127,193 54 Vict c. 11. Electors Disabilities Removal Act, 1891 11 54 Vict. c. 17. Charitable Trusts Act, 1891 97, 250 54 & 55 Vict. c. 68. County Councils (Elections) Act, 1891. s. 1 209 54 & 55 Vict. c. 76. Public Health (London) Act, 1891. s. 102 151 55 & 56 Vict. c. 30. Small Holdings Act, 1892 ... 40, 81, 82 55 & 56 Vict. c. 53. Public Libraries Act, 1892 41, 44 8. 1 288 s. 3 45 s.18 48 s. 19 88 Schedule 1 45,288 56 Vict. c. 11. Public Libraries Act, 1893 45 TABLE OF OASES. PAGE Ambrose, Cox v. 197 Aslatt /•. The Corporation of South- ampton ... ... ... ••• 194 Atherton, Ex parte ... ... ... 194 Barker. R. r 135 Bark-y. Whiteley e 197 Beaumont, Nicol v. ... 138 Blackwell v. England 122 Blizard. K. v 192 Boyfield, Walcot v 122 Brown, Hardwick v. ... ■•■ ••• 200 Burial Board of Bishop Wearmouth, 11. r: 33 Cardigan County Council. Ex parte 249 Carr, Lewis v • •• ••• 196 Chadwick, Ormerod v. 214 beare v. London School Board ... 194 Cooban, R. v 195 1 '. Ambrose 197 England, Blackwell v 122 Field-. Nicholson b • ■• 126 Fletcher o. Bndson 196 Fletcher v. Sanndera .... 194 Franci-. R. v 196 Frant (Overseers of), Wright v. ... 91 Gaakarth, R. » 198 Hackney Charities, R* ... 218, 250 Hall o. Notingham 139 Hardwick v. Brown ... 200 Harrald, R. v 5, 122, 178 Hoole, li. -■ 26 Hudson, Fletcher d 196 Hnnninga v. Williamson ... ••• 196 ad K. b 193 Jolliffe, Tomkins b 196 Kay. Woolley b L96 Kent < lonnty < louncil, Ex parte ... 250 Kershaw, R. v. ... ... ... ••■ 26 1 Knill r. Towse ... Lancashire J J.. R. v. ... Lancaster, Le Feuvre r. Leeds (Mayor. &c, of), R. i Le Feuvre v. Lancaster Lewis v. Carr/ ... London Counts' Council. R. PAGE .. 185 .. 26 .. 196 ... 200 ,.. 196 ... 196 ... 257 London School Board. Conybeare v.... 194 Magarvill v. Whitehaven (Overseers of) 193 Mcllwraith, Miles v 197 Manle, R. v 92 Mellis v. Shirley Local Board 197 Methley School Board. Richardson v. 200 Miles / : . .Mcllwraith 197 Nantwich, R. v 28 Nicholls, Ex parte 218 Nicholson r. Fields ... ... ... 196 Nicol v. Beaumont ... ... ... 138 Norwood (Overseers of) /'. Salter ... 157 Nottingham. Hall r 139 Nulton r. Wilson 197 Ormerod v. Chadwick... ... ... 214 Owens, R. r 192 l'ulborongh School Board Election, Re 195 Rawlings, R. r, R. r. Bishop Board of) r. Wearmonth (Burial Blizard... V. Barker... v. < looban... o. Francis... v. Gaskartfa v, I [ai raid ... ... •' v. I toole ... r. Inland ... v. Kershaw o. Lancashire .1.1... /■. I.< . ds (Mayor, &c, of) v, London < !ounty < Council '•. Manic , 122 195 33 192 136 196 196 L98 ITS 26 193 26 1 26 2(H) 257 92 \\1V Table of Cases. R. r. Nantwich r. ( (wens ... >-. Rawlings r. St. John, Westgate ... r. Sneyd ... v. Sparrow r, Stubbs ... r. Surrey JJ. v. United Kingdom Telegra] Company ... v. Wallace r. Ward v. Welshpool (Mayor of) v. Whipp r. White r. Worcestershire JJ. ... r. Yorkshire J J. ... Richardson v. Methley School Board Ringwood Highway Board, Turner Robinson, Todd v. Rushby, Skelton v PAGE .. 28 .. ID'.' .. 195 .. 32 .. 27 .. 26 .. 26 .. 91 >h St. John. Westgate, Reg', v Salter. Norwood (Overseers of) r. ... Saunders, Fletcher v Shirley Local Board. Mellis v. Skelton v. Rushby Sneyd, R. v Southampton (Corporation of). Aslatt v. Sparrow, R. r. ... Stubbs, R. r. ... Surrey JJ., R. ». 138 92 192 200 211 192 92 28 200 138 197 27 32 157 194 197 27 26 PAGE .. 26 .. 26 ... 91 Todd v. Robinson 197 i kins v. Jolliffe 196 Towse, Knill v 185 Tmvsej v. White 195 Turner v. Ringwood Highway Board 138 United Kingdom Telegraph Company, R. v. ... 138 Waleotr. Boylield 122 Wallace, R. v 92 Ward, R. V 192 Welshpool (Mavor. &c, of), R. v. ... 200 Whipp, R. v 2H White, R. v 192 While. Towsey v 195 Whiteley r. Barley 197 Whitehaven (Overseers of), Magarvill v 193 Williamson, Hnnnings v 196 Wilson, Nulton r 197 Woolley v. Kay ... 196 Worcestershire JJ., E. v 92 Wright v. Frant (Overseers of) .. 91 82 191 Yorkshire JJ.. R. », IXTPcODTTCTIOX. THIS Act constitutes a very important development Ixtrqd. of the -chcme of Local Government which the Scheme of Local (jovero- Local Government Act of 1888 initiated by the creation ment. of county councils. Distrid councils, the formation of which was con- templated hut uot carried out by that Act, are now brought into full existence, and the hierarchy of local authorities is completed by the creation of parish councils for rural parishes. These new bodies are entrusted with important powers and duties, but in exercising them they will be, to a large extent, subject to the control and supervision of the county councils. The system of Local Government which is established l'"P nlar J re] iresenta- by this Aet is founded upon the principle of the direct tion. popular representation of parishes. For this purpose an ,. 1 ; 1 'l" 1 ,.i m electorate is formed by taking the renters of parlia- mentary and of loeal eo\ eminent (enmity council) electors which relate to a parish, so a- to form a li>t of "parochial electors," and the righi of a person to vote at ;i parochial election under tin- Act, whether of parish or distrid councillors or guardians, will depend upon whether Id- name is or is not inserted upon the li-t of parochial electors lor the particular parish. While the other ordinary disqualifications for voting Married •> * v women. will apply to parochial electors, one long-standing dis- XM i Introduction. [ntbod. ability is removed in their case. For the purposes of this Act, a married woman who would be qualified but for the disability of coverture will be entitled to have her name inserted on any local government register and to vote ;it the election of any of the authorities whose election is governed by this Act. Registration. Provision is made for inserting the names of persons who possess qualifications in more than one parish in the same parliamentary or county council constituency upon the register of electors for each such parish ; and directions are given to the revising barrister as to marking or otherwise distinguishing the names upon the lists before him in such a way as to show whether the person registered is entitled to vote at parliamentary, county council, and parochial elections, or, if his right to vote in respect of that entry is limited, at which of those elections it may be exercised. The law relating to claims and to the registration of electors is to apply to claims and registration of parochial electors, and a Bill has been introduced into Parliament — and is likely soon to become law — with the object of accelerating the registration in the year 1894, so as to bring the lists of parochial electors into force on the 22nd of November. Parish meeting : The parochial electors of every rural parish will con- stitute the "parish meeting" for that parish. For many purposes, the parochial electors assembled in parish meeting correspond to the inhabitants or rate- payers assembled in vestry. The powders which may be exercised by a parish meeting differ according to whether there is or is not a parish council for the parish. But there are certain matters as to which Introduction. xxvii powers and duties arc exercisable only by the parish Introd. meeting; whether a council exists or not. Amongst the more important of these may be mentioned: — 1. The adoption of any of the adoptive Acts, i.e., the 1. Adoptive lighting and Watching Act. the Baths and Washhouses Acts, the Burial Acts, the Public Improvement Act, and the Public Libraries Act. The provisions of those Acts as to particular majorities being required for their adoption and for other matters arc retained, but the persons to decide any such question are to be the paro- chial electors voting in parish meeting or at a poll consequent thereon. i\ Control over expenditure: the parish meeting 2. Control of .,, . i pi expenditure. will exercise the powers of the vestry as to giving or refusing consent to any expense or rati' under an adoptive Act, and under the School Sites ami Literarv Institutions and other Acts : where there is a parish council, the con- sent of the parish meeting i- required before the council can incur any expense which will involve a loan or a rate exceeding threepence in the pound for the year. 3. As to highway-: no highway in a rural parish:!. Highways, i- to he stopped up or diverted or declared unnecessary without the consenl of the parish meeting ; and I. Ill'- parish meeting i- to exercise the power of i. Scl i applying under the Elementary Education Acta tor the formation or dissolution of :i school board. c -1 X.XV111 Introduction. In CROD Election of parish council. ( Ireation ni parish council-. ( rroups of parishes. Division of parishes. In parishes which have a parish council that body is to be elected 1>v the parish meeting or ;ii n pol] of the parochial electors consequent thereon ; and here it may be remarked thai some doubi arises upon the construc- tion of the Ad and of the rules applicable to parish meetings which are contained in the First Schedule, as to whether a poll is to be taken in all cases where there is a contested election for the office of parish councillor, or whether— as would appear to be the case if the rules be construed strictly— a poll for this purpose can be had only upon the demand of a certain proportion of the electors or with the consent of the chairman of the parish meeting at which the election is held. A parish council is, at the appointed day in the year !*'.• I. to be called into existence in every parish situate in a rural sanitary district which had a population of three hundred or upwards at the census of 1891. Where the population amounts to one hundred but is less than three hundred, a parish council is to be established by means of an order of the county council if the parish meeting so resolves ; while in parishes where the population is less than one hundred, an order of the county council may establish a parish council with the consent of the parish meeting. Parishes may also be grouped under a common parish council by an order of the county council, but not without the con- sent of each member ol the group. A part of a rural parish which is divided from the rest of the parish by the boundary of a rural district is made a separate parish by the Act itself, and large powers are given to county councils to re-arrange the existing boundaries of parishes and districts. Introduction. xxix A parish council is to consist of councillors whose Introd. number is to be fixed from time to time by the county Constitution . , , , , of parish council, and a chairman who is to be elected by the council. parish councillors, cither from their own body or from other persons qualified to be parish councillors. The qualification of a parish councillor is twofold : Qualification and election. (1) Being a parochial elector ; or (2) residence in the parish or within three miles thereof during the whole of the twelve month- preceding the election. The coun- cillors will, as we have -ecu, be elected by the parochial elector- at a parish meeting- or at a poll consequent thereon. Rules for the election (including the nomi- nation and the poll) are to be framed by the Local Government Board and, subject to certain modifica- tion and adaptations, the Ballot Act. Ic72. and certain provisions of the Acts relating to municipal elections are to apply. Parishes may be divided into wards for the purpose of electing parish councillor-. Parish councillors and the chairman of a parish Term of office. council will hold office for a year and will retire on the L5th of April in each year, when the new councillors come into office; they will be re-eligible. Provisions as to holding the first election- of parish councils are contained in Tart V. of the .\<-t. The firs! elections will take place in the latter part of the year L894, and the persons elected will hold office until the 1 .")tli < I ; i n of April. L896. The powers and duties of a parish council arePowersoi . . parish numerous and are to bo fi 1 in Parts 1. and l\. of council. the Act. The nio-t iinportinit are the following : — 1. The power and duty of appointing overseers and i. Appoiut- ment oJ overseen, \\\ Intbod. 2. Powers of vestry. 3. Powers of church- wardens. 1. Powers iif overseer-. 5. Making representa- tions. 6. Default of district council. 7. Adoptive Acts. Introduction. an assistanl overseer, hitherto exercisable by t li<» justices on the nomination of the vestry ; the ohurchwardens are no longer to be overseers ex officio. 2. The powers and duties of the vestry generally, except so far as they relate to affairs of the church or to ecclesiastical charities, or are transferred by the Act to any other authority. Any power now possessed by a vestry of nomi- nating trustees and beneficiaries of a charity is expressly transferred. o. The powers, &c, of the churchwardens, except so far as they relate to affairs of the church or to charities, or are powers, &c, of overseers. 4. The powers, &c, of the overseers or of the church- wardens and overseers as to certain rating appeals, and as to the provision and holding or management of certain parish property not being property relating to affairs of the church or held for an ecclesiastical charity. 5. The right of making representations under the Acts relating to unhealthy or obstructive dwell- ings, and to allotments. 6. The right of making a complaint to the county council as to a failure by the district council to exercise duly its powers as sanitary or highway authority. 7. The duty of acting as executive authority under an adoptive Act, where that Act has been adopted by the parish meeting after the ap- Introduction. xxxi pointed day. or when the powers, eve, of an Intkod. existing authority under that Act are transferred, by that authority or by the parish meeting to the parish council. 8. Certain powers which are grouped together under 8. Additional powers. the title of "additional powers/' and include the provision of buildings for parish offices and of recreation grounds : the utilization of wells and streams within the parish for the purpose of obtaining a water supply ; dealing with insani- tary ditches and drains; the acquisition by agreement of rights of way ; and the execution of works incidental to the exercise of these power-. 9. The acquisition of land for the purposes of their 9- Acquisition powers : the method of acquiring land otherwise than by agreement being by an order of the county council, made after local enquiry, and requiring confirmation by the Local Govern- ment Board. The order, when confirmed, is to have the effect of an Act of Parliament. The same procedure is applied to the compulsory acquisition of land for allotments. 10. The hiring of land for allotments otherwise than "»■ Hiring tor allot- by agreement ; the procedure is to be similar ments. to the procedure for compulsory purchase, but provisions are added as to the period for wliieli land may be so hired, and as to the method of compensating persons injuriousl) affected ; the user of land so hired is to be regulated bj the Allotments Act, 1**7. but subject i" modifications introduced by this Act. xxxu Intjrod. 11. Expen- diture. Introduction. 11. The power of obtaining paymenf of their ex- penses out of tlic poor rate ; but no expense involving a higher rate than threepence in the pound on the rateable value of the parish may be incurred -without the consent of the parish meeting ; with that consent expense may be incurred involving a rate of sixpence, exclusive of expenses under any adoptive Act, hut including an annual charge in respect of a loan. 12. Borrow- ing:. 12. Borrowing powers. Before expenses involving a loan may be incurred, the consent of the parish meeting and of the county council is required, and no loan can he effected without the consent of the latter body, and of the Local Government Board. Loans are to be effected only for certain defined purposes, and may be made in the same manner as in the case of a local authority borrowing under the Public Health Act. 13. Rights of way. 11. Charities. lo. Power to consent to the stopping up or diversion of a right of way within the parish, or to a declaration that a highway is unnecessary, and to undertake the maintenance of footways not being at the side of a public road. 14. Power to appoint trustees of charities in lieu of overseer and churchwarden trustees; and addi- tional trustees in any case where the governing body of the charity does not contain trustees either themselves popularly elected, or appointed Introduction. xxxiii by a popularly elected body ; the Charity Com- Intkod. missionfcrs are to tix the number of additional trustee? to be so appointed. The application of these powers to recent foundations is limited. Sec also 2, supra. 15. The custody of parish books and documents not 15. Booksand documents. relating wholly or partly to affairs of the church or ecclesiastical charities ; the county council has power to inquire as to the custody of these boohs and to make orders for their proper preservation. A parish council is to" be a body corporate, with Incorporation, power to hold land ; its acts may be signified by an instrument under the hands (and where necessary the seals) of ilif chairman and two other members. A parish council may appoint a clerk and a treasurer, officers. the latter office to be without remuneration. Provision is made for officers who have been in the service of authorities (other than justices), whose powers are trans- ferred to the parish council, becoming the officers of th;it authority, and for the compensation of existing officer? who may be affected by this Act. In the small parishes where no parish council is Parish meet- broughi into existence either by the Act or by an parishes. order under the Act, the parish meeting i> to have the powers, &c, of the yestry, excepi as to affairs of the church and ecclesiastical charities, and the power- of a parish council as to appointing overseers and assistant overseers and trustees of a charity in place of overseer or churchwarden trustees, and as i<> the stopping up, &c., of rights of way, and as to making complain! of XXXIV Introduction. Use of school rooms. &c. iMimn. a default by the distrioi council : other powers of a parish council may be conferred on the parish meeting of Mich a parish 1 » v order of the count y council. The chairman of the parish meeting (who in such a parish will hold office for a year), and the overseers are to be a body corporate with power to hold land and execute instruments ; and property which would be vested in the parish council if it existed is to vest in that body corporate. The chairman is to have power of obtaining payment of the expenses of the parish meeting out of the poor rate, but the rate levied for those expenses when added to the expenses under any adoptive Act is not to exceed sixpence in the pound in any year. The use of suitable rooms in public elementary schools receiving a parliamentary grant, and of other suitable rooms maintainable out of local rates, is authorised for the purpose of parish meetings, meetings of parish council, local inquiries, meetings as to allotments, meetings of candidates for a parish or district council, and other purposes, hut subject to the fulfilment of certain condition- a- to notice and as to non-interference with the ordinary use of such rooms. Application may lie made to a Government Department to settle questions which may arise as to a ] .reposed use of the room, and damage done to the rcom is to be made good. No parish meeting or meeting of a parish council is to be held in premises licensed for the sale of intoxi- cating liquor. Guardians. One of the most sweeping changes effected by the Act is that relating to the qualification and election of guardians. The ex officio guardian is abolished, and the only qualification now required is that of being a Introduction. xxxv parochial elector or resident in the union. The Intkod. electorate will be the parish electors already described, and each elector will have one vote only in place of the number he may hitherto have had under the scale which enabled him to vote a- owner or as occupier, or in both capacities The term of office of a guardian is to be three year-, and one-third of the board are to go out of office on the 15th April in each year unless an order for simul- taneous retirement is made by the county council. In order as it were to make up for the abolition of ex officio guardians, the board are enabled to elect a chairman or vice-chairman and not more than two other persons from otitside their own body. Drban and rural sanitary authorities are transformed District councils, into urban and rural district councils. The title of a borough and of it- governing body remain- unchanged, luit Local boards and improvement commissioners will henceforth lie known as urban district councils. The rural parishes in a union will constitute the rural lilll ' nl .', llM ' 1 ' ' 1 councils. district. For these parishes rural district councillors, the number in each case being fixed by the county council, will be elected. And these councillors will also acl a- guardians for their parishes on the board of guardians for the union. Guardian- a- such will, therefore, be elected only in the urban parishes of the union. The electorate of district councils is the paroohial electors. The terra of office, &c, is the same a- in the case of guardians. Inn borough the council will he elected a- hereto- Urban dietrici councils, lore. In other urban districts the existing quaKfica- XXW 1 In DROD. Elections of district councils. ( lhairman. New powers of di-trict councils. Introduction. tions required for members of local hoards and improvement commissioners is done away with, and the only qualification now required is that of being a parochial elector or resident. The electorate is the body which would be the parochial electors under the Act if the district were a rural parish. The same principle is observed as in the case of guardians as to voting ; each elector has one vote and the existing scales of votes are abolished. The elections are to be regulated by rules to be framed hv the Local Government Board. But this is subject to the provisions of the Act. which prescribe certain things, the chief of which may be said to be that the election is to be by ballot and subject to the provi- sions of the Gorrupt Practices Act, 1884. The pro- visions of the Municipal Corporations Act, 1882, are incorporated as to certain matters, such as acceptance of office, resignation, casual vacancies, iV'C The scale of expenses of an election is to be fixed by the county council. The first elections of district councils will take place in November next. The date lixed by the Act is the 8th of November, or some later day, to be fixed by the Local Government Board. It is believed that the day will not be earlier than the 22nd of November, having regard to the Bill now before Parliament for the acceleration of registration in the present year. The chairman of every district council, urban or rural, is to be a county justice. By far the most important of the new powers con- ferred by the Act on district councils is that which Introduction. xxxvii makes the rural district council the highway authority Ixtbod. in place of the highway board or parish surveyor, as the case may be. All existing highway authorities in rural district- arc to be swept away, and this will take place on the appointed day. unless the county council by order provide that this shall he postponed for a period which may not exceed three years, unless the Local Govern- ment Board allow a further time. The expenses of highways will be general expenses. Rural councils may also be invested with urban powers, not merely by special orders as hitherto, but by general orders. Important power- and duties are conferred on all distrid councils for the preservation of rights of way and rights of common, and certain administrative powers of justices are transferred to them. Of these, the more important are the granting of game license-, the aboli- tion and altering of fairs, ami the licensing of knackers' yard-. All the provisions of the Act as to the qualification London, and election of guardian- are to extend to London and to county boroughs, and all the provisions of the Act relating to the qualification and election of urban dis- triet councillors are to extend to members of London restries and the Woolwich Local Board. This was not part of the scheme of the Ac! as originally framed. It may be mentioned that while the rector or vicar of a London parish will cease to be ex officio chairman of the vestry, he and the churchwardens will remain ex officio members of it under L8 & L9 Vict. c. L20, s. 2. It is unprofitable to -peculate upon whether this was intended or not, \\\vm In nam. Further powers of urban councils. Area- and boundaries, Tntrod/uction. In order to remedy the anomaly which would have existed it' the changes effected by the Act had been limited to rural parishes, the Local Government Board arc enabled to give to urban district councils the power of appointing overseers and assistant overseers, any powers and duties of overseers, and any powers, duties, and liabilities, such as in a rural parish are conferred by the Act upon a parish council. These power- may be conferred on the urban council itself, or upon any representative body within the parish. Upon the county council, or the joint committee of two or more county councils when an area extends into two or more counties, falls the duty of providing for the simplification of areas and the adjustment of boundaries. The Act itself provides that a parish partly within a sanitary district shall be divided, but it is left to the county council to say whether the part or parts shall be united to other parishes or become distinct parishes, and in the latter event to give them names. The same will have to be done if a parish or a rural district extends into two counties. Parishes have to be divided into wards, or united for the purpose of the election of guardians and rural district councillors, and the number of parish councillors lor each rural parish must be fixed. These duties will, for the most part, be performed by means of an adaptation of powers conferred by the Act of 1888, and the Local Government Board have already issued regulations providing for the holding of local inquiries with a view to carrying out the provisions so incorporated. Important powers are also given to county councils for grouping parishes for the purpose of the election of parish councillors and for dissolving- groups. Introduction. XXXIX Among the supplemental provisions contained in Inteod. the third part of the Act the section relating to the DisquaMca- disqualification of parish and district councillors and Suoref C0Un ~ guardians may be noticed. The disqualifications include infancy, receipt of relief, holding f paid offices, convictions for crime, and interest in contract-. With regard to the last-named disqualification there are certain specified exceptions, and power is given to the county council, in any case, to remove the disqualifica- tion of a parish councillor if it is for the advantage of the pari-]]. Provision is also made for the making of rules for Elections and elections by the Local Government Board. These are to provide for nomination, and they are to be so framed as to prevent electors from voting more than once at the same election. The rules will fix the hours of polling, so, however, that the poll shall always he open from 6 a.m. to 8 p.m.: and for the appointment of returning officers. The rule- are also to adopt the pro- visions of the Ballot Act. the Municipal Corporations Act, 1882, and the Corrupt Practices Act, 1884. The Bcale of expenses is to be fixed by the county council. The Act provides for the creation of new urban Miscellan< a r . ■ . -li. c -l • • • , provisions. districts, committees oi conned.-, joint committees, audit, local inquiries, place of meeting of parish or districi council-, adjustment of property, debts, and liabilities, and the like. The mo-t important of these relate to the tir-t Transitory election- to be held under the Act and the retirement '"' of the councillors and guardians lir-t elected. It i- unnecessary to consider them at length in this place, \1 Introduction. [ntrod. but ii ma \ be stated generally that the county council will determine which of the rural district councillors and guardians firsl elected will retire at the end of the firsl and second years, while in urban districts the councillors first to retire will be those who were lowesl on the poll. Existing Provision is made for the transfer of officers to the officers. new authorities and for the compensation oi such as suffer loss by abolition of office or diminution of fees or salaries. Appointed This day varies for different purposes. For the first day. elections, it is the 8th November or such later day as the Local Government Board may fix. Having- regard to pending legislation that day will probably be after the 22nd November. Schedules. The schedules contain rules for parish meetings, councils, and committees, and a long list of repealed enactments. THE LOCAL GOVERNMENT ACT, 18 9 4. 56 & 57 VICT. Cap. 73. AN ACT to make further 'provision for Local Govern- ment in 1. i and Wales. [5th March, 1894.] 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 I v rliament assembled, and by the authority of the same, as follows : — PAET I. Pabisb Meetings and Pabish Councils. Constitution of Parish Meetings and Parish Councils. 1. (1.) There shall be a parish meeting for everj rural Sect. 1. paiish, and there shall be a parish council for every , , r ' J ( onsntution rural parish which has a population of three hundred of parish meet- ds : Provided that anorderof the county council I'^iViml'nT in pursuance of Pari [II. of this Act — of parish councils. Shall, if the parish meeting of a rural parish having a population of one hundred or upwards olve, provide for establishing a pa council in the parish, and may, with the ■ of the parish meeting < rural population oi less than one hundred, provide for establishing a parish council in the pa ri h ; and The Local Government Act, L894. Sect. 1. (b.) May provide for grouping a parish with some neighbouring parish or parishes under a common paiish council, but with a separate parish meeting for every parish so grouped, so, how- ever, that no parish shall be grouped without the consent of the parish meeting for thai parish. •• I'Aitisai Meetings." — The parish meeting of any parish means the meeting of the " parochial electors" of that parish for the various purposes for which they are authorised to meet l>y the Act. •• Parochial electors" arc defined in section 2, sub-section (1). and pro- visions as to the procedure to be followed at parish meetings will be found in sections 2 ami 15, and in Pari 1 of Schedule I. "Rural Parish" is defined by sub-section (2) of this section to mean ••every parish in a rural sanitary district." The parishes dealt with by the Act arc civil as opposed to ecclesiastical parishes; the ecclesiastical area known as a parish is left untouched by its provisions. The word "parish" means, according to the definition given in the Interpretation Act, 1889 {'>2 & 53 Vict. c. . Or the county council may he set in motion by an application by a parish meeting to have a parish council established in the parish, hut by what appears to he a strange oversighl in the drafting of the Art. the power to make such an application i- limited to the parish meeting of a parish which ha- a less population than two hundred (section 38, sub-section (4) ), so that in parishes which have a population of two hundred and upwards, but less than three hundred, the parish meeting has no power to apply for a parish council, and the initiative is. apparently, left to the county council. The reason lor the oversight — if such it lie — is not far to seek. The minimum population which makes the establishment of a parish council obligatory in a rural parish was at a late stage of the progress of this measure through parliament raised from two hundred to three hundred, and when the figure in section 1 was altered no corresponding alteration was made in Part III. of the Act. See sections 36, Bub-sections | 1 ) io ; 38, sub-section ( 1) ; 39, Bub-section (2). Provision is made by section 39 for the future constitution or dissolu- tion of parish councils in parishes where the increas - decrease of the population from time to time i- such a- to justify that step being taken, the procedure being an order of the county council made upon the petition of the parish meeting. See section '■'<'■> and notes. one exception to the rules laid down in this sub-section as to the existence of parish councils in rural parishes must be noted. In the not \ei v common instance of a parish forming the whole of a rural Banitary district until the district is united to another district, and unless the inty council otherwise directs, there lb to be no parish council, but the district council is tO have in addition t0 it- own power- the power- of a parish council. Section 36, Bub-section ( I ). i , boupi \'. l'.\ bishes. — The grouping of two or more neighbouring (not necessarily adjoining) parishes under a common parish council i; 1 ! The Local Government Act, LS94. SECT. 1. (but with a separate parish meeting Eor each parish) is effected by an order made by the county council of its own motion (under sections I "™ and 36), or upon the application of the parish meeting of a parish (section 38), bul in either ease nol without the consenl of the parish meeting of each parish proposed to be grouped ; each parish is to be separately represented on the parish council Eor the group, and the grouping order is to make such other provisions as may be necessary for adapting the provisions of the Act to the group. Section 38. Groups of parishes may also be dissolved upon the application to the county council of the parish council of the group or of the parish meeting for any one of the grouped parishes. Section 38. Sub-sect, (2). (2.) For the purposes of this Act every parish in a rural sanitary district shall be a rural parish. As to the meaning of ■■parish." " rural sanitary district." and " rural parish." sec note on suli-section (1). " Rural parish." ante, p. 2. Sub-sect. (3). (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 39 & 40 Vict, parishes under the Divided Parishes and Poor Law °- ,;1 - Amendment Act, 1876, and the Acts amending the same. Appointed Day. — The "appointed day "upon which this section will come into operation is the 8th of November, 1894, or other Inter date or dates in the year 1894, to be fixed Eor the holding of the first elec- tions under this Act by the Local Government Board. Sec section si. Parishes in .more than one Sanitary District.— Parishes may. at present, be situate partly within and partly without a rural dis- trict by reason of the boundary line between differenl rural districts or between an urban and a rural district intersecting the area of the parish. Such cases are to be "forthwith" considered by county councils to whom the Act (section 36) gives large powers of altering the existing boundaries of parishes and sanitary districts, with the object thai each parish shall be wholly included within the same' district, and each district within the same administrative county. Provision is also made Eor the alteration of the bo unda ries of poor law unions by county councils ; and tor the alteration of the boundaries of boroughs ami of counties by the Local Government Board. Orders made by the county council a- to alteration of areas are to he deemed to he made under section 57 id' the Local Government Act. L888 (see section :$<;. suli-section (10), j;cw£),but Parish Meetings. in order to bring this Act into immediate operation the Local Govern- Sect. 1. ment Board have made regulations for simplifying the procedure under — section 57 of the Act of L888. See section 80, sub-section (2),post. By virtue of the provisions in the text, until some more permanent arrange- ment is made under Part LET. of this Act. the parts of a parish which an- situate in different sanitary districts will at once Be separate parishes as it' they had been so constituted under the Divided Parishes Acts. " The Acts referred to are the Divided Parishes and Poor Law Amend- ment Act. 1876 (39 & tO Vict. c. HI), the Boor Law Act. 1879 (42 ,V 43 Vict. c. .".4). and the Divided Parishes and Poor Law Amendment Act. 1882 (45 & 46 Vict. c. 58). These Act- empower the Local Govern- ment Board to constitute separate parishes out of the detached parts of a parish which i- locally divided, ami provide tor cases where parts of one parish are isolated in another parish by the amalgamation of those parts with tin' parish in which they were included, except in cases where. owing to the size of the population and the wishes of the inhabitants, it may he more advisable to constitute the isolated part a separate parish. A parish so constituted under these Acts becomes a parish for which i rerseer shall he appointed and (in the strange wording of the Act) " for all other lay and civil purposes to which a parish may he liable or entitled'" (3D & 40 Vict. C. til. s. 6). It would appear from section •"> of 15 & 16 Vict. c. 58 that each pari of a parish hereby con- stituted a separate parish may become a separate school district if the Education Department so direct. 2. (1.) The parish meeting for a rural parish shall Sect. 2. consist of the following persons, in this Act referred to as p ar j s h parochial electors, and no others, namely, the persons meetings. registered in such portion either of the local government register of electors or of the parliamentary register of elect I t'> flu' parish. Pabish Meeting— Qualifications or Pabochial Electobs-— Local Goveenment Fbanchibe. — The right to vote at the election of members of a county council is regulated by the County Electors Act, ■ (51 Vict. <•. L0), which extends the burgess qualification (enacted byuection !» of the Municipal Corporations Act. 1882 (45 & 46 Vict. c. 50) ). i., c< ty electors outside municipal boroughs, and also entitles persons to vote as county electors who arc possessed of the ten pounds occupation qualification as defined by the Registration Act, l v >"> 19 Vict. c. 15). See the no;. tion II. port. Mabbied Women. — An important extensi f this local govern- ment franchise i- made by thin Act. Under tin- law as it existed up to the passing of this Ac< -■ ■■. «rag no disqualification in the case of a female otherwise entitled to he on a local governmenl register, bul the disability of coverture still remained. ( /.'. v. Uarrald, L. R. 7 Q, B. 361 : ML. .1. n. B. 173 : 2G I.. T. (N.S.) 61G : 20 W. It. 328 ; 36 .1. I'. B The Local Government .let, 1894. Sect. 2. 138.) That disability is now removed, and "for the purposes of this — — Art a woman shall not be disqualified by marriage Eor being on any local government register of electors, or Eor being an elector of any local authority, provided that a husband and wife shall not both be qualified in respect of the same property." See post, section 43. Parliament a i;v Franchise. — The register of Parliamentary voters consists of pet-sons possessed of the franchise as owners (free- holders and leaseholders whose interest is of a certain annual value) and occupiers (including inhabitant householders, lodgers, and persons possessed of the "service franchise"). The register of the parochial electors of a parish is to he made up from these two registers in the manner provided by section 41 (sec that section and notes, post"), and no person whose name is not on the parochial register is to he entitled to attend the parish meeting or vole as a parochial elector (section 44, sub-section (Impost), Parish Meeting and Vestry Meeting. — It is to be noticed that the constitution of the parish meeting differs materially from the constitution of the parish vestry, many of the powers id' which it will exercise. The vestry consisted of inhabitants of the parish rated to the relief of the poor (58 Geo. 3, c. 69 ; 59 Geo. 3, c. 85 ; 16 & 17 Vict, c. 65), but including occupiers of premises for which the owner was rated or paid the rates under the Poor Rate Assessment and Collection Act, 1869 (32 ,V: 33 Vict, c. 41). The parish meeting will include on the one hand owners who do not reside in the parish, and on the other lodgers and persons having the service franchise who do not contribute to the rates. Where a parish is divided into wards or parts the persons entitled to vote at the parish meeting held for a ward or part are the parochial electors registered in respect of qualifications in that ward or part (section 49). Sub-sect. (2). (2.) Each parochial elector may, at any parish meeting, or at any poll consequent thereon, give one vote and no more on any question, or, in the case of an election, for each of any number of persons not exceeding the number to be elected. Voting at Parish Meeting. — The method of voting at a pari-h meeting differs from that which hashitherto ohtaincd at meetings of a vestrj where the right to vote is adjusted upon a scale regulated in proportion to the amount at which the Voter is assessed t < . the poor rate, each voter having one vote, andsome as many assix. Sec 58 Geo. 3, c. 69, s. 3 ; 59 Geo. 3. c. 85, s. 2. At a parish meeting each elector will have the right to give one vote and no more, irrespective of the value of his qualifying property. •■ Poll consequent thereon."— As to polls consequent on parish meetings, scepost, sub-section (5)- and note. Parish Meetings. 7 (3.) The parish meeting shall assemble at least once in Sect. 2. every year, and the proceedings of every parish meeting Sub _^ ^ shall begin not earlier than six o'clock in the evening. Time and Hour of Assembly. — Section 45 of the Act contains supplemental provisions as to parish meetings. It provides that, subject to the provisions of the Act, they shall be held on such days, and at such times and places, as may be fixed by the parish council, or, if there i- qo parish council, by the chairman of the parish meetii The same section further provides that the chairman of the parish council, or any two parish councillors, or the chairman of the parish meeting, or any six parochial electors may at anytime convene a parish meeting. It appears from the text, and from Schedule I.. Part 1, Rule (1), post, that whether meetings are held at other time- or not. a meeting must he held at leasl once in each year, on the 25th of March, or within seven days before or after that day. and. presumably, such meeting must be the one at which the parish councillors are to be elected, a- provided by tin- next section. The first parish meeting of a parish will be convened by the overseers of the parish at the time fixed for the first election of parish councillors, and will if there i- to he a parish council for the parish proceed to elect it. Section- 78, 84. In parishes where there i- to be no parish council it is difficult to see how a date can he fixed for tin- election of that body. In these cases the date of the first parish meeting may be taken i as being the 8th of November, 1894, or any other date, which ma] he fixed by the Local Government Board under section 84. The hour at which the parish meeting i- to he held should be noticed. In the case of vestrj meeting-, the time of holding the meeting is fixed by the vicar or churchwardens of the parish or both. See Reg. v. The Churchwardens of TottenJiam, 1 Q. B. D. :;>>7. The pro- vision in the text ha- evidently been inserted with the view of removing any grievance caused by the holding of vestry meetings during the working-hours of the day, whereby some of the ratepayers maj have ted from attendin (4.) Subject to tin: provisions of this Act ;is to any Sub-sect (4). particular person being the chairmarj of ;i parish meeting, tin; meeting maj i their <>w a chairman. Chairman "i I'aimsh Meeting.— Al a vestry meeting the vicar, rector, or perpetual curate, presides bj virtue of hi- offi< The provisions of the Act above referred to arc contained in tion 15, sub-section (2). It is there provided that if the chairman of the pariah council is present at a parish meeting, and is not a can- didate for election at the meeting, he -hall he the chairman of the 8 The Lock! Government Act, L894. Note. SECT. 2. Reference may also be made to the Firs! Schedule, Pari 2, Rule (11), which provides thai the parish council maj appoint a vice-chairman, who shall, in the absence or during the inability of the chairman, have the powers and authority of the chairman. It would seem, there- fore, that, in the absence of the chairman, the vice-chairman of the parish council would be entitled to preside at a parish meeting. II' neither the chairman or vice-chairman of the parish council is presenl the meeting may choose their own chairman. It is not quite el ear from the text, whether it will becompetenl under the provision in the text for a parish meeting to choose a chairman who is not a parochial elector of the parish. The Act Leaves some doubt as to whether n chairman chosen by the parish meeting is a chairman for the year, or merely for the purposes of that particular meeting. In the case of parishes not having a. separate parish council, where the chairman of the meeting is a, more important functionary than is the case in parishes governed by a parish council, there is a. distinct provision, that a chairman of the parish meeting is to he chosen at the annual assembly, and is to hold office for the year (section l*.i): and section 47, sub-section (4), which provides for filling up a casual vacancy in the office of chairman of a parish meeting, -'where there is no parish council,'' is silent as to any casual vacancy in the chairmanship of a parish meeting in parishes where there is a parish council. Comparing these provisions with the text, it would appear that in parishes with a parish council, a chairman chosen at any meeting (i.e., at any assembly of the parish meeting) occupies that position only during the continuance of that particular meeting, and that there will be no chairman elected tor the year. But again Rule Id of Schedule 1., Part 1. which is in terms applicable to " the chairman " of any parish meeting, provides that if lie is "absent from, or unwilling or unable to take the chair at any assembly of tin' 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." and Rule (11), provide- that a notice required to he given to a parish meeting may he given to the chairman of the parish meeting. More- over, sub-sections (2) and (:i) of section 47 provide for the chairman <>f a parish meeting retiring and resigning office in terms which arc applicable to the chairman of the meeting in any parish. These rules, therefore, and these sub-sections evidently, contemplate a. re per- manent chairman than seems to he referred to in the text, and in sections 45 and 17. sub-section (1). It is difficult to reconcile these provisions, hut tin- better view seems to he to regard the chairma n chosen by a parish meeting, in a parish having a parish council, as occupying thai position only for the pur pose of the meeting at which he i- cho-rn, and to explain Rule in. sub-sections (l') and (3) of section 17. a- having reference only to parishes which have not a separate parish council, and which, therefore, have a chairman for the ar under section 19. In these last-mentioned parishes, the chairman Note. Parish Meetings : Polls. of the parish meeting is invested with more important functions than Sect. 2. the chairman in other parishes : the office is continuous, and the holder of it. together with the overseers, form a body corporate. Section 19. The duties of the chairman of a parish meeting comprise (besides the ordinary duty of managing the Icondnct of business and preserving / order) deciding as to the result of a vote taken at a meeting (Schedule I.. Part 1. Rule (-3)). and when the votes are equally divided giving a •iid or casting von- (ib. Rule (8)) ; where necessary, signifying his assent or dissent to the taking of a poll (ib. Rule (7)); receiving nn behalf of the parish meeting any notice required to lie given to that body (///. Rale (11)). Where no parish council exists the chairman of the parish meeting is theperson who lias power to obtain payment out of the poor rate of the expenses of the parish meeting. Section 1 1. sub-section (4). (5.) A poll consequent on a parish meeting shall be Sub-sect. (5). taken by ballot. POLLS.— See Part I. of the First Schedule, the rule is laid down thai : •• Every question to be decided bya parish meeting is in the first instance to be decided by the majority of those present and voting on the ques- tion, the decisi >f the chairman a> to the resull being final, unless a poll is demanded before the conclusion of the meeting" (Schedule I.. Part 1. Rules (5), (6)). The matter- respecting which a poll may be demanded by any parochial elector are enumerated in Schedule I.. Pari 1. Rule (7), and they do not include elections unless covered by sub-section (/■) of that rule — "any other prescribed matter." i.r.. prescribed byl the Local Government Board; it can hardly be intended that so im- ' porta nt a matter as the method of election sin mid be left to be dealt with by rules of the Local Government Board made under the Act. As to matter- not enumerated in the rule above-mentioned, a poll is not to be taken " unless either the chairman of the meeting assents or the poll i- demanded by parochial electors present a1 the meeting, not being less than five in number, or one-third of those present, whichever number is least " ( ib. I. See further the note t" section •'•. sub-section 1 3), post. A poll at an election regulated by rules framed under this Act (that i-. where a poll can be demanded under the rules above referred to), and every poll consequent on a parish meeting is to be taken by ballot, and the Ballot Aet. 1872 (36 & 36 Vict. c. 33), and the Municipal l i (Corrupt and [llegal Practices) Act, 1884 (47 & 18 Vict. c. 70),and Part IV. of the Municipal Corporations Act, 1882(45 & n; Viet. e. 50), BE amended by the la -t -luent ioned Art (including the penal provisions of th< i, are to apply as in the case of a municipal election, but subject t" adaptations, alterations, and exceptions made by HUCh rule- ; the u-e of the Schools and pllhlie fOOIUS referred to ill tion 6 of the Ballot Act, 1 372, is extended, and section 37 of the Muni- cipal Elections (Corrupt and Illegal Practices) Act, 1884, is to applj in The Local Government Act, 1894. Skvt. 2. if the election were an election mentioned in the Firs! Schedule to thai An. See post, section 18. Vote. Sub-sect. (6). (6.) The reasonable expenses of and incidental to the holding of a parish meeting or the taking of a poll conse- quent thereon shall be defrayed as hereinafter provided. Expenses of Pabisb Meeting. — The reference is to section 11, sub-section (4), post, where it is provided thai these expenses (the word " reasonable " being omitted) shall be paid out of thepobrrate; where there is a parish council, thai council is to pay the Baid expenses of the parish meeting and the parish council, and. where there is nunc. the chairman <>l' the parish meeting is, for the purpose of obtaining pay- ment of these expenses, to have I lie same powers as a board of guardians have lor the purpose of obtaining contributions to their common fund. Sec note- in section 11, post. Ii will thus be the tluty of the overseers from time to time to pay over out of the poor rate all such sums as an order of the parish council or chairman of the parish meeting (as the case may be) may direct to such person as is named in the order. Sec as to the limits of expenditure of a parish council section 11, sub- section (:>)■ ;in 'l of a parish meeting (in a parish where there is no parish council), section 19, sub-section (!>). and as to the payment of expenses incurred by reason of the use of an elementary school or other public room in the parish, not vested in the parish council or in the chairman ami overseers. Section I. It may be mentioned here that the expenses of holding a vestry meeting, and of taking a, poll demanded at a. vestry meeting, have hitherto been defrayed by the churchwardens, except in a very few cases in which such expenses are otherwise expressly provided for. This ha- sometimes led to much hardship, as the churchwardens have frequently had to defray the expenses themselves, being now unable to compel payment of a church rate for such a purpose. Sub-sect. (7). (7.) With respect to parish meetings, the provisions in the First Schedule to this Act shall have effect. Pari 1 of Schedule I. contain- " Rules applicable to Parish Meetings." See the Schedule, post. Sect. 3. 3. (1-) The parish council for a rural parish shall be '. . chosen from anions the parochial electors of that parish i onstitnl o x r of parish or persons who have during the whole of the twelve " m "' 1 '- months preceding the election resided in the parish or within three miles thereof, and shall consist of a chair- man and councillors, and the number of councillors shall be such us may be fixed from time to time by the Parish Councillors. 11 county council, not being less than five nor more than Sect. 3. fifteen. Pabish Councillor — Qualification. — " Chosen " by the parochial electors, post, snb-section (5). The qtialification of a parish councillor i< twofold ; he must he either a parochial elector of the parish or a person who has during the twelve months preceding the election resided in the parish or within three miles thereof. A- to the former qualification the register is conclusive. Sit definition of •• parochial elector," section 2, sub-section (1), ante, p. 5. and section ff. post. Residential Qualification. — The residential qualification gives rise to greater difficulty. To be qualified by residence merely a person must have resided in the parish or within three miles thereof. " ihiriiuj the whole of the twelve month* preceding the election." Numerous cases have been decided as to what is a sufficient " residence " to qualify or "break of residence" to disqualify an elector, in whose case "resi- dence" i- an essential part of hi- title to have his name inserted upon the parliamentary register of voters. So Long ago as 1864, ERLE, C.J., in deciding a case under the Reform Act. 1832(2 Will. I. <■. 15), s.27, which provides that a person -hall not lie registered " unless he shall have resided for six calendar month- uext previous to the last day of July, &C., -aid : " I entirely subscribe to the doctrine so clearly laid down in • Elliott on Registration,' 2nd edition, p. 204, where the learned author - that, in order to constitute residence a party must possess at the leasl a Bleeping apartment, but that an uninterrupted abiding at such dwellingisnpt requisite." "Absence," he continues, "nomatter howlong, if there he the liberty of returning at any time, and no abandonment of the intention to return whenever it may -nit the party'- pleasure or con- venience so to do, -will not prevent a constructive legal residence. But if he ha- debarred himself of the liherty of returning to such dwelling by letting it for a period, however short, or has abandoned his intention of returning, he cannol anj longer be -aid to have even a legal residence there": Powell v. Guest,. 18 C B. (N.S.) 72 ; 34 I.. .I.e. P. 69. The principle which i- there laid down ha- not. it i- believed, been dissented from. Disabilities arising from absence upon dutj have been to a tain extent removed in the case of parliamentary and local govern- ment electors by the I I Disabilities Removal Aet. 1891 (•">! Vict, c. 11) ; but this enactment, althou cting parochial electors, ha- no bearing upon the residential qualification of a parish councillor. The therefore, a- to the meaning of residence in the various Aeta relating to the franchise which i- laid down in Powellv. Guest,aa6 lafe m», such a- Durant v. Carter, I.. R. 9 < '. 1'. '-'''.I : Ford v. Pye, 'I'.. 269; Taylor \. St. Mary Abbott's, Kensington,!,. R. 6 C. P. 309 ; Bond v. Overseers of St. George's, Hanover Square,ib., 312; and Bea . Town Clerk «f Exeter, 20 Q. I'.. D. 300, unmodified ,l„. .\et .a 1891 above referred to. will apply to the n-identi.il 12 The Local Government Act, 189-i. Xote. gg( ]• 3 i qualification for n parish councillor, and that a person not qualified as ;i parochial elector, where residence within the prescribed limits has not been sufficiently continuous to satisfy the requirements of the lav relating to the parliamentary franchise, will not be qualified to be elected as a parish councillor. A person claiming to be placed upon a list of voters in respect of a, qualification involving residence is bound to give evidence that he lias resided within the prescribed limits for the prescribed period ; but this Act contains no provision as to any proof of residence being required from a candidate for election who relies on the residential qualification, and it may often he difficult for the officer presiding at a nomination of candidates to decide whether a particular candidate is or is not qualified by residence ; this difficulty is enhanced by the extension of the qualifying area of resilience to a radius of three miles round the parish, lor a person residing within that area might easily he unknown in the parish itself. It seems, therefore, that it would he desirable that the rules for elections to be framed by the Local Government Board under sub-section (6) should provide for a declaration as to his residence during the past twelve months being made before nomination by any candidate who i- not registered as a parochial elector. See further as to the residential qualification, the notes to section 20, sub-section (2~),j>0lt. Xo provision is made by this Act. and, perhaps, none is necessary, as to the way in which distances such as the three mile radius mentioned in the text arc to he measured. It may. perhaps, he taken for granted that the measurement is to be " in a straight line on a horizontal plane." and may he determined by the ordnance map. See Municipal Corporations Act. 1882 (45 & 4ii Vict. c. 50), s. 231. Disqualifications which involve the vacating of the office of chairman or member of a parish council are enumerated in section 46. Chairman of Parish Council. — The chairman of a parish council is to he elected hy the council at the commencement of their annual meeting, and must he himself either a member of or a, person qualified to be a member of the parish council. Sub-section (8), Schedule I.. Part 2. Rule :'>. He continues in office, unless he resigns or ceases to be qualified or becomes disqualified, until Ins successor is appointed — that is. until the election of a chairman has taken place at the next annual meeting (sub-section (8) and note) ; lie may himself he re-elected at that meeting (section 17 (2)) : he may resign hi- office by divine; notice in writing to the council (section 17 (3)), and a casual vacancy in the chairmanship i- to he forthwith filled up by the parish council (sect. 17. sub-sect. (3),Sched. I.. Part 2, Rule (2)) ; he may at any time convene a parish meeting <>r a meeting of the parish council, and it hi- duty to give public notice of a parish meeting, and notice to the councillors of a meeting of the council convened by him (section 15 ('■>) ■ Schedule I.. Part 1. Pule (2) ; Schedule I.. Part 2. Rule 2 (4), (5)) : in case ,,f an equal division of vote- he has a. second or casting vote (Schedule I.. Pari 2. Rule (!")) ; it is hi- duty to sign the minutes of a Parish < 'ouncillors. L3 Note. meeting of the parish council at which he has been present (Schedule I.. Sect. 3. Part :>. Rule (-))• and to execute, and if necessary seal, at a meeting of the council, any instrument by which an act of the parish council is tified. Sub-section (9~),j>ost. A parish council may appoint one of their number to be vice-chairman, and the vice-chairman shall have the powers and authority of the chairman in hi- absence or during his inability. Schedule I.. Part2, Rule(ll). Number of Coixcillors. — A eounty council will no doubt have regard to the population of a parish in fixing the number of its parish councillors : the Act contains no express provision as to increasing or diminishing the number originally fixed, but as the number is to lie fixed "from time To time" ir would seem that no express provision is necessary. It would no doubt he the duty of a county council to consider any representation made by a parish meeting or council as to tin- advisability of making a change in the number of the councillors. QUOEUM. The quorum of a parish council is such number, not less than three, as i- one-third of the lull number of members (Schedule 1.. Part 2, Rule (")) : for the purposes of a quorum the chairman, if elected from outside the council, would he counted a- a member. Acceptance of Office. — Every parish councillor must sign a declaration that he accepts the office, ami in default his office is to he void. Schedule 1.. Tan 2. Rule (1). (2.) No person shall be disqualified by sex or marriage Sub-sect^(2). for being elected or being a member of a parish council. MABEIED WOMEN. -This is the first statutory enactment making a married woman eligible for a municipal office in England. A female candidate must, of course, he qualified under sub-section (1). It may be added that by section [3, post, a married woman may he registered a- a parochial elector, and may. therefore, he qualified a- BUch. I The term of office of a parish councillor shall be Sub-sect. (3). one year. The whole of the !ip nihil- of the paridl council will go out of ollice every year. In this respect the parish council differs* from the distinct council ami boards of guardians, the members of which bold office for three years, one-third going out of office in each year. Sec sections 20, 23. Teem of Office Casual Vacancies.— .A parish councillor may. by notice in writing to the chairman of the council, resign his office (section 17. sub-section (:'.) ). and casual vacancies amongst the councillors arc to be forthwith filled up by the council, the person elected to till such a vacancy retiring at the time when the vacating councillor would have retired, Section 17. sub-section (4), ami Schedule I.. Part •-'. Rule (2). 1 t The Local Government Act, L894. Si > r. 3. ( I.) On the fifteenth daj of April in each year (in this Siii>-Jv! n ^' ' r '' ,, ' 1Tl ' 1 ' to as the ordinarj day of coining into office ol councillors) tin- parish councillors shall go out of office, and their places shall be filled by the newly elected councillors. ouniNARY Day OF COMING into office. — The ISthday of April i- the date upon which newly elected members of local boards c e into office. See the Public Health Act, 1875, Schedule II.. Rule 55. It is also the date upon which newly elected guardians and district councillors conic into office. Sec post, sections 20, 23. A retiring parish council is re-eligible. Section 47, sub-section (2).. 1 1, at the annual election, any vacancies arc not filled by election, the requisite number of retiring councillors shall, it willing, continue to hold office, those who were highest on the poll at the previous election having the preference. It there was no poll, the choice of which shall con- tinue in office rests with the parish meeting, and, if not exercised by the meeting, with the chairman of the parish council (section 17. Bub-sec- tion (1)). The first elections of parish councillors arc to take place on the 8th of November, or some later day in the year L894, the first parish meetings having been convened for the purpose of the election by the overseers. Sections 78, 84. Parish councillors coming into office at this election will retire on the loth April, 18%. Section 78, sub-section (3). Sub-sect (5). (5.) The parish councillors shall be elected by the parochial electors of the parish. As to " parochial electors," see section 2. sub-section (1), and note. ante, p. 5. The mode of election is dealt with in the note to the next sub-section. Sub-sect. (fi). (G.) 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. Election of Parish Councillors. — The rules referred to will no doubt he issued before the first elections under the Act take place. The main provisions of the Act which relate to the election of parish councillor- are the following : — (i.) the electors are the parochial electors (section- 2. '■>. sub-section (5) ) ; (ii.) the election is to he at a parish meeting or at a poll consequent thereon (section Is. sub-section (1) ) ; (Hi.) each elector may give one vote and no more lor each candi- date (section 2. BUb-section (:5) ) ; (iv.) the decision of the majority voting at the meeting is final unless a poll he demanded (Schedule I., Part 1, liule (.">)); (v.) a poll cannot he taken unless either the chairman of tin- meeting consents, or the poll i- demanded by five of the electors j. •••-'■lii or one-third of those electors whichever number to least Election of Parish Councillors. 15 - Note. (Schedule I.. Part 1. Rule (7) ) ; (\i.) rules for the conduct of elections Sect. 3. are to be framed by the Local Government Board, but subject to the provisions of the Act (section 3, sub-section (<>)). :in( l ;m * to provide (inter alia) for the matters enumerated in section 48. sub-section (2) : (vii.) the poll, if there is a poll, is to be by ballot, and the Ballot Act, 1872 (35 & 36 Vict. c. 33), the Municipal Elections (Corruptand Illegal Practices) Act, 1884 (17 & 48 Vict. c. 70), and Part IV. of the Muni- cipal Corporations Act, 1882 (4."> & i(\ Vict. c. 50), as amended by the last-mentioned Act (including the penal provisions of those Acts)are to apply subject to adaptations, alterations, and exceptions to be made by the rule- referred to in (vi.), and subject to the proviso contained in section -I s . sub-section (3). If this application of the rule- in Part 1 of the First Schedule be correct, the strange result is that, although any one parochial elector present at a meeting maj demand a poll upon such subjects as the appointment of an assistant-overseer or parish officer, or the hour at which the parish meeting is to assemble, the mure important subject of the choice of the governing body of the parish for the year is withdrawn from the arbitrament of the ballot unless condition- are fulfilled, \\ hich, though not very irksome, -till make the appeal to the ballot more difficult than in the less important matters. In the Hill as originally introduced, the plan- ed' the provision in the text was filled by aclause providing that : "The parish councillor- shall be nominated in writing at a parish meeting, and if no v candidates are i dnated than there are vacancies to be filled, the candidates nominated may he elected by the meeting, but if the number of candidate- exceeds the number of vacancies t,, be tilled, ami i- not reduced by withdrawal- to that number before the conclusion of the meeting a poll -hall he taken as provided by this Act with respect to polls consequent on parish meetings." Under that provision it wa- (dearly intended that a poll should he taken in all ea-e- where the number of candidate- exceeded the number of vacancies, and it can scarcel] be intended to make the taking of a poll at an election depend upon the condition- above referred to. By clause (A) of Rule 7 a poll may be den landed b\ one idee tor respecting ■•any other prescribed matter" in addition to the matters specified in the- other clauses of that rule. " Prescribed " mean- prescribed by order of the Local Government Board (see section 7.">. sub-section (2)), ami it i- possible thai the intention of the legislature may be carried out by mean- of a general order under thai rule, or perhap- by rule- for elections made under the pro\ i-ion in the text. See also note to section 2. Bub-section (5), ante, p. 9. 1 7.) The parish council shall in every year, on or within Snb-sect (7). i the ordinarj daj "I' coming into office of councillors, hold mi annual meeting. ■ t-.u. Meeting of Pabish <"i .. n. ri,,- ordinarj day of coming into office i- the 15th of April. Sub--e.-ti.ni f I ), The first parish councillors elected under tin- A.c( '-ill come into II L6 The I I Government Act, L894. g E< ,. ;> office in November or December, 1894, and the firs! meeting of a parish council is to be convened bj the chairman of the meeting at which the *' Bret councillors are nominated, or, in his default, by the clerk of the guardians. Sections 84, 78. No time for which such firs! meeting is to be convened is specified by the Ah. but it would -rem thai upon the analogy of the provision in the text, it oughl to be convened for a day not later than seven days alter the day when the firsl councillors come into office, [f any difficulty arises as to the first meeting of a parish council the county council may order the holding of the meeting and may fix a date. Section 80. The first annual meeting will, it seems, not be held until April. 1895; the councillors elected in November, 1894, will nut retire until April. L896. The first business al the annual meeting will be the ele ction of a chairman and the appointment of overseers. Schedule I.. Part 2, Kule f.J). Notice of the appointment of overseers must be given to the guardians of the union within three weeks after the 15th of April, and in default the guardians may appoint the overseers. Section 50. Overseers holding office at the passing of the Act will continue in office until new overseer- are appointed by the parish council at the annual meeting in I he year 1895. As the annual meeting will presumably he the first meeting after the annual election, every councillor ought to make at that meeting the declaration accepting office under Schedule I., Part 2. Rule (1). A parish council must hold not less than four meetings in the year ; their meetings will he open to the public unless they otherwise direct. Schedule 1.. Tart 2. Kule (13)). Suh-sect. (8). (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. Election of Chairman. — The election of a chairman is the first business to be transacted at the annual meeting. Schedule I.. Part 2. Rule (3). ■• Qualified to he councillors " must, it is submitted, he taken to mean •■ qualified to he councillors for that parish." A- to the qualification of parish councillors, see sub-section (1) and note. mill', p. 10. A- to the powers and duties of the chairman, see note to suh- section (1), "Chairman of Parish Council." A- to the resignation of the office of chairman and filling a casual vacancy so caused, see section 17, sub-sections (2) and (:;i. A chairman may cease to he qualified by losing his qualification as a councillor for the parish: e.g., by being struck off the register of Parish Councils. 17 electors, or if his qualification was residential only, by ceasing to SECT. 3. reside within the limits prescribed by sub-section (1). He may become disqualified by incurring one of the disqualifications enume- rated in section 46 ; for instance, by being convicted and sentenced to imprisonment with hard labour or being made a bankrupt. In either case his office becomes vacant apon being declared so by the council. See section Hi. sub-section (T),post. It will be observed that a chairman is to continue in office until his successor is elected. It follows that the chairman for one year will preside at the annual meeting in the following year, at which the firs! business will be the election of the new chairman. See Schedule I., Part 2. Rule (3). If the retiring chairman is not re-elected he will leave the chair as soon as his successor, i- appointed. (9.) Every parish council shall be a body corporate by Sub-sect, (it)- 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 license 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 pre- siding at the meeting, and two other members of the council. [\< OBPOBATION OF PABI8B COUNCIL.— Before living the name of ;i parish in a case of doubt, the county council must consult the parish meeting of the parish, but is not bound to follow the opinion which that meeting expresses. Ii is more common wherea body such as a parish council is incor- porated to provide that it -hall have a common Beal : Bee, Eor instance, the Local Government Act, 1888(51 & 52 Vict. <■. ll). s. 79, as to county councils. This provision has been omitted in the present enact- ment "ii the -round that the cost of providing a seal would, in the case of small parishes, form a heavy item in their ex] liture, [ON OF [nbtbuments. -Instruments are to be executed on behalf of the council at a meeting ■>! the co iil by the chairman pre- riding al the meeting and two other members of the council, and id seal is required the Beals ol the signatories an- to suffice. The chairman presiding at the meeting would he the chairman of the council if present, or in hi- abs< nee tin- rice-chairman (ii any) (Schedule I.. Part -'. Rule 1 1 1 ,) and failing either of thi w any chairman eh., lor th'' purposes of thi 18 The Local Government Act, 1894. Sect 3 '^ n import* 1 ^ Bupplemenl to the provision in the text is made by — Schedule I., Fart :t. Rule (I), which provides thai "any instrument Note, purporting to be executed under the hands or under the hands and seals ni' 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." Sub-sect. (10). (10.) With respect to meetings of parish councils the provisions in the First Schedule to this Act shall have effect. These provisions (Schedule I., Part 2) are considered in their place, post. Some of the more important have been referred to in the notes to the present section. Sect. 4. 4. (!•) lu an Y rural parish in which there is no suit- — — able public room vested in the parish council or in the room. chairman of a parish meeting and the overseers which can be used free of charge for the purposes in this sec- tion 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 (b.) 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 53 & 54 Vict. the Allotments Act, 1890, or otherwise as the c Go 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 (c7.) The candidature of any person for the district council or the parish council ; or (e.) Any committee or officer appointed, either by the parish meeting or council or by a county or district council, to administer public funds with- in or for the purposes of the parish Use of Schoolrooms. 19 any suitable room in the schoolhouse of any public ele- Sect. 4. mentavy school receiving a grant out of moneys provided by — Parliament, and any suitable room the expense of main- taining 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 bonis during which it is used for these purposes. Use of Schoolrooms and Rooms maintained out of Local Rates. — As to the determination of any question which may arise as to what Is a "suitable" public room, sec note on sub-section (3). A room in premises licensed for the sale of intoxicating liquor cannot be used for a parish meeting or for a meeting of a parish or district council or hoard of guardians where there is any other room available free of charge or at a reasonable cost. Post, section 61. The Act contain- several provisions relating to the acquisition by parish councils of rooms for public offices and for the vesting in them of existing room- now the property of the overseers and church- warden-. In many of the larger parishes vestry rooms or offices for the trans- action of parochial business have been acquired or erected by the over- Beers, or churchwardens and overseers, under the powers given to them by the Vestries Act, L850 (13 & 1 I Vict. c. 57), s. 4. and the Parochial Offices Act, L861 (24 & 25 Vict. c. 125). Where such rooms or offices exi-t. the legal interest in them passes, under section 5, sub-section (2) (c) of this Act, to the parish council, and in parishes where there isno parish council to the body corporate of the chairman and overseers of the parish. Section 19, sub-section ( 7;. Again, the powers of the over-errs or church- wardens and i i under these Acts of 1850 and 1861, with respect to the provision of vestry rooms or parochial offices, arc transferred to a parish council (section 6, sub-section (l)(c)(ii.)) ; but there is no similar transfer to the parish meeting in parishes where there is no council. It would be competent, however, for the count] ''on mil to confer these powers upon a parish meeting bj an order under section 19, sub-section ( l"). A parish council also has power, expressly conferred by ibi- A <■ i (sec- tion 8, sub-section (l)(a) ). " to provid ■ acquire buildings for public offices, and for meetings" and other public purposes, and by section 9 powers are added of compulsorily acquiring land for the purposes (inter alia) of such buildings. These i>" ain, will nut be enjoyed by the parish meeting win-re there i- no parish council, unless through the medium of an order of the county council. Where any vestry room has become vested in a parish council or in the chairman and overseen '•! a parish under this Act, and where any c2 20 The Local Government Act, 1894. Sect. 4. similar room or public offices have been provided in b parish under the — powers conferred or transferred by this Act. it seems clear that a room ■""**■ rested in the proper authority and suitable Eor the purposes of this Bection will exist. In any such case the powers given by this section of using a school-room urn room maintained out of a local rate will not arise. It seems probable thai recourse will most frequently be had to the permission given by this section in the cases of small parishes (as to which, see Bection 1) which will not have a parish council. In these parishes no vestry rooms or offices will have been provided under the Acts of L850 and 1861, the former of which can only he adopted in parishes with a population exceeding- 2,000, while the operation of the latter is confined to parishes whose population exceeds 4,000; and as has been noticed, the powers of providing parish offices given by this Act to parish councils do not apply in parishes where those bodies are not brought into existence. Where there exists no suitable room vested in the parish authority which can be used free of charge lor the purposes enumerated in this section, two classes of rooms are specified which may be 80 used at reasonable times and after reasonable notice. These are— (1) any suit- able room in the school-house of any public elementary school receiving a grant out of moneys provided by Parliament; and (2) any suitable room the expense of maintaining which is payable out of any local rate. Provisions already exist authorising the use of these cooms for taking the poll at a Parliamentary election under the Ballot Act, 1872 (35 >.V 36 Vict. c. 33), s. G, and that Act applies to elections oi' School Boards (Elementary Education Act. 1873 (36 & 37 Vict. c. 86), s. 6, and Schedule II., Rule 1), to municipal elections (Municipal Corporations Act, 1882 (45 iV 4C> Vict. c. 50), s. 58, to elections of county coun- cillors (Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 75), and of allotment managers (Allotments Act. 1887 (50 & 51 Vict. c. 48), s. !). sub-section (8) (/'))• an ^ to elections under this Act (section 41) ; the use of rooms in the school-houses mentioned in this section is also autho- rised for the discussion of questions relating to allotments under the Allotments Act, 1887 and 181)0 (53 & 54 Vict. c. 65), subject to the conditions specified in section 5 of the latter Act. (1.) The first class of rooms, the use of which is authorised by this section, includes both " voluntary schools," and Board Schools estab- lished under the Elementary Education Act, 1870 (33 & 34 Vict. c. 75). '•Elementary School" is defined in section '■> of the Elementary Educa- tion Act, 1870, and that definition is applied to this Act by section 75, sub-section (2), post. In the case of schools the rooms which are suitable for use for the purposes of this section would be those which arc used as school-rooms. The teacher's residence is e xcluded by the terms ,,f the proviso to this section. That proviso also contains an important limitation to the right touie these rooms: the school hours of an elementary day or evening school are not to be interfered with. It is obvious, therefore, that if the use of a -chool house at a particular time would interfere with these Use of Schoolrooms. 21 Note. hours, that would not be a "reasonable time" within the meaning Sect. 4. of this? section. As to whether the time proposed is reasonable or not, the managers in the case of voluntary schools, and in the case of board schools the School Board, will be the proper authorities to decide in the first instance. They will receive " reasonable " notice of the proposed 11-c of the room, and if they arc of opinion that the school hours will be interfered with by that use. or if. for any other reason, they think the time proposed is unreasonable, it will be their duty promptly to acquaint the persons who desire to use the room with that opinion. If those persons do not acquiesce in the view taken by the school authorities, they have the power of laying the case before the Education Depart- ment, who are bound under sub-section (3) to determine any question of reasonableness. If arrangements had been made or permission given before any notice had been received under this section for the use of a school-room for some legitimate purpose on a particular occasion, it is suggested that a subsequent notice under this section ought not to be held to override the previous arrangements ; but this would be a matter for the Education Department to decide, if called upon, in each instance. No length of the reasonable notice required to be given is specified in the Act ; but in considering what is reasonable notice it must be borne in mind that time ought to be allowed to enable the school authority to consider whether they object to the proposed time as unreasonable, and to obtain, if necessary, the decision of the Education Department upon the question. Some guidance as to what notice is desirable under this section may be obtained from the provisions as to notice of an intention to hold a meeting respecting allotment- in one of these rooms which are con- tained in section 5 of the Allotment- A ct, 1890. Under that section the notice is to be signed by the persons 'ailing the meeting, and is to be given not Less than -i.\ day- before the date of the meeting to the clerk of the School Board, or to one of the managers it' the school is not a board Bchool ; and the right of holding the meeting i- not to esdsl where the use of the room npon the occasion in question has already granted for some other purpose ; but in this case the clerk or manager must inform one of the signatories of the notice thai the use of the room ha- been already granted, and must name some other day on which it may be used for the meeting. These provisions do not, of course, apply to notice- under the present section, but they y usefully be referred to in case of questions arising as to what i- reasonable aotice within the meaning of this A section may be taken to include such rooms ns board rooms of - — workhouses, and (subject to the proviso as to interference with the '''• hours during which they arc used for their ordinary purposes) rooms used for the administration of justice or police, such as sessions-houses. Again, "reasonable" notice is to be given and. presumably, to the persons having the control or management of the rooms, and those persons, again, will be able to object upon the grounds that the room is not suitable for the purpose for which it is required, or that the time proposed or notice given is unreasonable. The above remarks as to what would be a reasonable notice in the ease of school-rooms may be taken to apply mutatis mutandis to notices relating to the rooms of the second class. Where the decision of the persons having control over the rooms as to " suitability or reasonableness " is not acquiesced in, a Government Department may be asked to settle the question. Sec sub-section (3). The persons who arc to be entitled to use the room are the " parochial electors " (defined section 2), and " the parish council." Section 3. Where the parochial electors are the persons using the room no particular quorum is required by the Act. Where the use for which the room is taken is what may be described as non-official, that is to say, where it is desired to use it for a parish meeting not convened by the chairman of the parish council or meeting, or for a meeting convened under the Allotments Act, 1890 (see (c.)), or for a candidate's meeting (see (d) ), it would seem that the proper persons to give the notice will be the parochial electors by whom the meeting is convened. The Act is silent as to any precedence being given to different persons who wish to use the room, but it may be taken that priority of notice would give a prior right to its use. Five objects are specified for which the use of these rooms may be required by the parochial electors or the parish council, subject to the conditions above referred to : — (a.) The parish meeting or any meeting of the parish council. The frequency at winch these meetings may be held and the persons by whom they may be convened are matters which have an important bearing upon the probability of frequent demands being made for the use of the rooms referred to in this section. The parish meeting is to assemble in parishes having a parish council, at least once, and in parishes not having a parish council at least twice, in every year. Section 2, sub-section (3); section L9, sub-section 2. In either case the chairman of the parish meeting (as to whom see ante, p. 7) or any six parochial electors may at any time convene a parish meeting (section 45, sub-section (3)), and may do so merely £or the purpose of discussing " parish affairs." Schedule I., Part 1, Rule (4). It will be noticed that the assemblies of the parish meeting are likely to be more numerous in the smaller parishes in which, as wc have seen, there will probably be greater reason to have recourse to the use of the rooms in question. The parish council must meet at least four times in every year Use of Schoolrooms. 23 (Schedule I., Part 2. Rule 13), ami may at any time be convened by its SECT. 4. chairman; or, in case of his refusal, by any two of the councillors. — - Schedule I., Tart 2, Rule (1). (&.) Any inquiries for parochial purposes by Government Depart- ments and local authorities. The words of this clause are very wide. They include, for instance, local inquiries by the Local Government Board under the Public Health Acts as to sanitary matter-, inquiries by county councils under the Allotments Act, 1890. as to allotments, inquiries by the Local Government Board and by county councils under the Local Government Act, 1888, and this or other Acts as to alteration of boundaries and other matters, inquiries by the Board of Trade under the Board of Trade (Arbitrations, &c.) Act, 1874 (37 & 38 Vict. c. 10), inquiries by the Charity Commissioners under the Charitable Trusts Acts, and any special inquiries which may be directed by other Government Departments or local authorities. (V.) Meetings convened in certain specified ways to discuss any question relating to allotments under the Allotments Acts, 1887 and 1890, or under this Act. The language of this clause is obscure, but in spite of the words "if as to allotments." it appears that the object of the meetings to which it relates must be the discussion of questions as to allotments, and that it is not intended to permit the use of these rooms for meetings convened by chairman of the parish meeting or by the parish council for any purpose whatever. Certainly the words " to discuss," &c, seem to govern the whole clause, including the words '-convened" to "parish council." The words " to discuss any question relating to allotments under the Allotment- Acts. 1887 and 1890, or under this Act," are very wide. They would seem to cover meetings held to discuss the need for allot- ments or the sufficiency of land available for the purpose or the desira- bility of acquiring any particular land for allotments, or questions as to the method of managing allotment-, or the conduct of a parish council or their appo - allotment managers. Similar words (without, of course, the reference to this Act) occur in section 5 of the Allotments Act, 1890. It i- important, however, to notice that meetings Eor the purposes specified in clause (c) can only be convened (i.) by the chairman of the parish uniting; (ii.) by the parish council; (in.) in the manner pre- by the Allotments Act, L890, viz., by six registered parliamen- tarj or ratepayers resident in the parish (see Allotments Acts, 1890, s. B, and 1887, s. 2); or (iv.) in the manner prescribed by the Local Government Board. (V.) Meetings of candidates Eor the districi or parish council. There will be annual election- to both these bodies (see sections 8, 20, 24); and, ol course, the "candidature" of any person may commence hi b considerable period before the election. Ii will be noticed thai the provision does not applj to meetings oi candidates Eoi the comty council. 2-i The Local Government Act, 1894. Note. Sect. 4. (*0 Committees <>r officers appointed by a parish meeting or by a county, district, or parish council to administer public funds within or I'm- the purposes of the parish. The expression "public Eunds" in this clause is Bomewhat vague. Trustees of parochial charities may be appointed by a parish council. and in some instances by the parish meeting in small parishes (sections II. 19, sub-section (5) ). It is suggested that these trustees would he "appointed to administer public Eunds for the purposes of the parish" within the meaning of this section. Snb-sect. (2). (2.) If, by reason of the 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 done to the room or to the building of which the room is part or its appurtenances, or the fur- niture of the room, or the apparatus for instruction, the expense or damage shall be 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 wmose behalf the meeting is convened. Liability foe Damage to Koom. — Expense may be incurred " by reason of the use of the room" for lighting, heating, cleaning, and the like ; any reasonable expenditure of this kind would be included in the words "any expense."' Tor this and for any damage to the room or the building of which it forms part, its furniture, or the apparatus for instruction done at any of the above meetings except an inquiry under clause (&), the parish council (or in the smaller parishes the parish meeting) will be responsible to the persons having control over the room (e.g., the school board, the managers of a voluntary school, or the board of guardians). It will, of course, be the duty of the parish council or chairman of the parish meeting (section 11, sub-section (•!)) to issue a precept to the overseers for the payment of these expenses. It is submitted that a mandamus by the persons having control over the room would lie against the parish council, or in the smaller parishes again-t the chairman of the parish meeting, he being the person who (under section 11) has the power of obtaining payment of the expenses of the meeting, in case of a refusal or neglect for an unreasonable time to pay the expenses or make good the damage. In case (&) where the room is used for the purposes of an inquiry by a Government Department or local authority, the liability for the expense or damage will fall upon the persons or body upon whom the duty of defraying the expenses of the inquiry devolve. This would, of course, depend upon the terms Use of Schoolrooms. 25 of the Act or the provisions of the order under which the inquiry was Sect. 4. held. _ — In one case only, that of a meeting of the kind referred to in clause ((/). held on behalf of a candidate for the parish or district council, the parish council has a right to be reimbursed in respect of the expense or damage which it has defrayed, "by the persons by whom or on whose behalf the meeting is convened." It is to be noticed that tbe right is against either the candidate himself or the conveners of the meeting on bis behalf. This appears to impose a liability upon a candidate in respect of injuries done to the room which he has not authorised and which he has not attended, provided it is convened " on his behalf," i.e., in support of bis candidature. It should also be observed that this right to reimbursement in no way affects the primary liability of the parish council or meeting to the persons having control over the room ; they are to have a well-ascertained body from whom to recover, that body in its turn having a right which it would often be difficult to enforce with advantage against an individual or a number of individuals. Even where the meeting for which the room is used is a parish meeting properly convened by six irresponsible porochial electors to discuss •■ parish affairs " generally, and is attended by a very small proportion of the electorate of the parish, the liability of the parish council (or meeting) is clear, and in such cases they have not even the sbadowy right of reimbursement which they possess in the case of candidates' meetings. It is to be observed that in the case of a meeting respecting allot- mente held in a schoolroom, under the provisions of section 5 of the Allotments Act, 1890, already referred to, any damage done to the room and expense inclined by the persons having control over it, are to be paid by the county council or by the persons calling- the meeting. This section i- not repealed by this Act, and the conflict between its provisions and those of the present sub-section as to making good ex- penses and damage may give rise to some difficulty. If a meeting respecting allotments is called it would in most cases be impossible to decide whether it was called under the presenl section, or under section 5 of the Act of 1890 ; if under this section the liability for the expense or damage will rest upon the parish council or meeting ; ii under the Act of 1890, upon the county council or the holders of the meeting. (3.) If any question arises under this section as to what Sub-sect. (3). is reasonable or suitable, it may be determined, in the case of a school-house, 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. Tin- i- a convenient provision for the determination of disputes >i they arise; a is to be noticed that it onlj applies to questions as to 26 The Local Government Act, 1894. Note. SECT. 4. what is reasonable or suitable, that is. as to whether a notice requiring tlic use of a room, or the time at which it is required, is reasonable, and whether the room Itself is suitable Eor the object (which must be one of five specified above) Eor which it is proposed to use it. As has been pointed out above (p. 21) it will be impossible (or useless) to make an application under tin- section unless notice be given at a sufheient time before the date to which it relates to give an opportunity of obtaining the determination of the proper Department. Powers and Duties of Parish Councils and Parish Meetings. Sect. 5. 5. (1.) The power and duty of appointing overseers ParishconncD °^ ^ e P 00r > an ^ *he P 0WGr °f appointing and revoking to appoint the appointment of an assistant overseer, for every rural parish having a parish council, shall be transferred to and vested in the 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 of guardians. overseers. Overseers and Assistant Overseers.— Up to the present the overseers have been appointed annually in parishes, townships, and villages, by the justices under t:> Eliz. c. 2. s. 1 : they are not to be less than two or more than four in number, except in specified places (e.g., Westbury and the New Forest) and in small parishes where the justices are of opinion that two cannot be conveniently appointed. Poor Law Amendment Act. 1866 (29 & 30 Vict. c. 113), s. 11. The overseers have usually been nominated by the vestry, but the justices have not been bound to appoint the nominees of the vestry. See Reg. v. Lancashire J.J., 29 L. J. M. C. 214 ; Reg. v. Hoole, 24 J. P. 438. It is presumed that the power of appointing overseers hereby transferred to the parish council will extend to the appointment of overseers for townships and hamlets for which separate overseers are now appointed. It is to be observed that no change is made in the law with regard to qualification of overseers, who must be " substantial householders," and, as a rule, resident in the parish ; sex is not a dis- qualification. Rex v. Stuhbs, 2 T. R. 395 ; Rex v. Sjwrow, Bott. 11. The assistant overseer has been appointed by justices on the nomination of the vestry under 59 Geo. 3, c. 12, s. 7, or by the guardians. See Poor Law Amendment An. L844 (7 & 8 Vict. c. 101). s. 01. This power of the guardian- is taken away by section 81, sub-section (0) of this Act. Overseers and Assistant Overseers. 27 In a parish which has a parish council the text transfers the power of appointing the overseers ami the assistant overseer to the parish council. In a parish which has no parish council of its own, the power and duty of making these appointments will vest in the parish meeting under section 19, but subject to the provisions of a grouping order. Where a grouping order has been made it seems that these appointments will be made by the parish council for the group. As to grouping orders see section 1 (ante, p. 2) and section 38 (post, p. 173). The time of appointment of the overseers is at present the 23th March, or II days next after (see 51 Geo. 3, c. 91), but these dates have been held to be directory only, so that an appointment made before or after these dates is not invalid. Reg. v. Sneyd. 5 Jur. 962. The appoint- ment of overseers will now be made at the annual meeting of the parish council (where one exist-), and is to be the first business at that meeting after the election of a chairman. Section 3, sub-section (7) ; Schedule I.. Part 2, Rule (3). Where the power of appointing the overseers is vested in a parish meeting it will no doubt be exercised at the annual assembly of the meeting, which is to be held on the 25th of March or within -even days of that day (section 19; Schedule I., Part 1, Rule (1) ), though there is no express provision in the Act as to when the appointment is to be made in those case-. A ca cancy may occur in the office of overseer by death, removal £r< >m the parish, or disqualification. He has no power to resign his office. An assistant overseer may resign, or his appointment might be revoked by a vestry meeting (59 Geo. 3, c. 12, s. 7). or determined by the Local Board (I & 5 Will. 1. C 76, s. 48). His office continues until it is determined in one of these ways; the power of revoking his appointment formerly held by the vestry is transferred by the text to the pari-h council, and by section 19 in parishes not having a parish council (but subject to the provisions of a grouping order if made) to the parish meeting. Be musl on his appointment find sureties and give -■'■miry for the i ormance of the duties of his office. Ajs to the enforcement of tin- -ecurity by the guardians when the appointment wa- made by the vestry, see the Poor Law Amendment Act, 1811. s. 61, and Skill on \. Rushby, I Ex. 545. An a-i-tant maj become the clerk to the parish council ; as I,, t),i. gee Sections 1 7 and. 81, and not. It i- the duty of the parish council "forthwith " to give notice to the lardians of appointments of overseers, whether made in the regular course or upi icy arising. The meaning oi the d "forthwith" in this co iction is made clear b a reference to don 50, which provides thai if the notice of the appointment of rseers is not received by the guardians within three weeks after the l.",th of April, or after the occurrence of a vacancy, the guardians shall make the appointment or fill the vacancy. This provision do act, of course, applj to appointment* inl overseers, it nol being obligatory to appoint such an officer in any parish or to notify such an appointment when made to the guardians, Sect. 5. Note. 28 The Local Government Act, 1894. Sect. 5. ^ ne notice is to be in the prescribed form, i.e., prescribed by the Local Government Board (section 7,")). mte. Existing overseers and Assistant Overseers.— Overseers existing at the passing of the Act will continue to hold oflicc until their successors arc appointed by a parish council nt their annual meeting in April, 1896. Having been appointed by justices they will not become the officers of the parish council. Section 81, sub- section (1). Existing assistant overseers, unless they have been appointed by guardians, will become the officers of the parish council (section 81, sub-section (3) ), and their tenure of office will be the same as it is now (see above), the parish council being substituted for the vestry as the authority having power to revoke their appointment. Sub-sect. (2). (2.) As from the appointed day — As to the. meaning of " the appointed day," see section 84, post. (a.) the churchwardens of every rural parish shall cease to be overseers, and an additional number of overseers may be appointed to replace the churchwardens, and Churchwardens as Overseers. — Up to the present church- wardens have been by virtue of their office overseers of their parish, but not of townships or villages within the parish (for which separate overseers are appointed). JR. v. Nantiolch. 1 6 East 228 ; R. v. York- shire J.J., 6 A. & E. 863. They were made overseers by the original Poor Law Act (43 Eliz. c. 2). Henceforth they are no longer to he overseers, and in their place additional overseers may be appointed by the parish council or meeting as the case may be, as provided by the preceding sub-section and by section 19. Existing churchwardens will continue to hold office as overseers until the first appointment of overseers under this Act is made, viz., at the annual meeting in April, 1895. (b.) 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 Churchwardens in their civil capacity as overseers cease to exist as from the appointed day. References therefore to them in that capacity in any Act are to be construed as references to their successors, the overseers. References to the "churchwardens and overseers" of parishes abound in the statute-book, particularly, of course, in the Acts Churchwardens and Overseers. 29 relating to the Poor Law. the Poor Law Amendment Act-, and the SECT. 5. Union Assessment Act-. &c. — — The ecclesiastical office of a churchwarden is unaffected by the Aote. provision in the text : as regards the affairs of the church they retain their position, and references to churchwardens in their capacity of church officers will bear the same meaning as formerly ; such reference- are to be found, passim, in the Church Building Acts, the New Parishes Acts, the Burial Act) 1855, and the various Acts relating to public worship, such as the Public Worship Regulation Act, 1874 (37 & 38 Vict. c. 85). It is difficult to point to any enactments in which reference is made to them in conjunction with the overseers in relation to the affairs of the church. (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 liabilities affecting the same, and all persons concerned shall make or concur in making such transfers, if any, as are requisite for giving effect to this enactment. Vesting of Property of Overseers in Parish Council. — The churchwardens and overseers of a parish are empowered by various statutes to hold land and other property which they have acquired for the purposes of the parish (see the notes to section 6, post"), and they are a body corporate with perpetual succession for some of these purposes. Their powers to acquire and hold vestry rooms and parochial offices under the Vestries Act, 1850 (13 & 11 Vict. c. 57), and the Parochial Offices Act, 1861 f-i & 25 Vict. c. 125). have been already referred to (ante, p. 19). They may also hold workhouses and Lands originally acquired under 59 Geo. :'•. c. 12. for Buch workhouses and lands were to be conveyed to the churchwarden- and overseers and their successors in tru-t for the parish. Similar powers are conferred by Enclosure Acts. Under other Acta they may. and in some cases are bound to, provide book- and other personal property for the use of the parish. See section 6, sub-section (1) (c) and note, where many of these enactments are referred to. The churchwardens and overseers have the legal interest in Buch property, and are the owner- in con. templation of law ; the beneficial interesl belongs to the inhabitants of the parish. It i- this legal interesl which is rested, after the appointed ilnv. in the parish council ; the interesl taken by thai bodj remains -nbjeet to the rights and Liabilities which affected the interesl of the churchwardens and o from whom it is transferred ; the council will, in fact, be trustees for the parish, Where there is do parish 30 The Local Government Act, 1894. SECT. 0. council the same classes of property will, subject to the provisions of a — grouping order, vest in the body corporate of the chairman and v ' iV - overseers of the parish under section 19, sub-section (7~),post. The exception mentioned in the text is important; this vesting of property in the newly-created bodies is not to apply to property vested in the churchwardens ami overseers, hut "connected with the affairs of the church or held for an ecclesiastical charity." Of these expressions the former is somewhat vague, and is only partially defined in section 75. post, but the intention seems to be to exclude from the application of the provision as to vesting any books ia- documents containing entries relating to church matters (as to which see section 17. sub-section (8) and note). It should be observed that no transfer is made of any property vested in the churchwardens alone. •• Ecclesiastical charity "' is defined at length in section 7.">, post. Under the provision now under consideration (and as regards small parishes under section 19), property held by the overseers or church- wardens and overseers for the purposes of a charity other than an ecclesiastical charity will vest in the parish council (or chairman and overseers as the case may be), subject to the existing trusts of the charity. See also section f>, sub-section (1) (c) (iii.). As to the power given to the parish council of appointing trustees of parochial charities in the place of the overseer trustees, see section 14, sub-section (2). and note,post. As to personal property, which is transferable by delivery, the over- seers, or churchwardens and overseers, must deliver it to the parish council, ca- chairman and overseers, or to any person whom they may appoint to receive it. Real property and leaseholds will apparently pass to the new authority under the provision in the text without the execution of any conveyance, but transfer may be necessary in some cases, for example, where the property consists of stock or similar securities. Sect. 6. 6. (!•) Upon the parish council of a rural parish TranrfeTof coining into office, there shall be transferred to that certain powers council : — other autho- (*.) The powers, duties, and liabilities of the vestry of ritiea u ' i' avM ' 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 Act from the vestry to any other authority : Transfer of Powers, &c, of Vestry. — In considering this provision the definition of "vestry" in section 75 must be borne in council. Transfer of Powers of Vestry. 31 mind. " The expression 'vestry' in relation to a parish means the Sect. 6. inhabitants of a parish whether in vestry assembled or not, and includes any select vestry either by statute or at common law." Note. The vestry will, by this section, practically be abolished except in regard to ecclesiastical matter-. In all other matters its powers, duties, and liabilities are transferred to the parish council except in so far as they are transferred by the Act to any other authority. The exceptions to the transfer to the parish council of the powers, duties, and liabilities of the vestry, are as follows : Powers. &c, relating to the affairs of the church : this would include the duties of a vestry a- to the election of churchwardens, parish clerks, and sextons, where, by custom, these officers are elected by the inhabitants. As to other matter- tailing within the description of affairs of the church, see section 75, pout. Powers. &c, relating to ecclesiastical charities. See the defini- tion of "ecclesiastical charity" in section 7.">. These would include powers now held by vestries under the trusts of ecclesiastical charities of appointing trustees and beneficiaries of the charity. A- to the matters which this -ub-section leaves under the power of the vestry, a vestry meeting may be convened and may proceed according to the law a- it existed before the passing of this Act ; the incumbent of the parish, if present, will, of course, preside. Powers, &c; transferred from the vestry to any other authority. <)] these the most numerous class include the powers transferred to parish meetings, In all parishes the parish meeting is to have the ex- clusive power of adopting any of "the adoptive Acts." See section 7. In parishes not having a pari-h council, -ubject to the provisions of a grouping order (if made), the power-. &c, of the vestry (with the same ■tioii- a- those mentioned in the text) are transferred to the parish by section 19. Without pretend in e an exhaustive list of the power- of the vestry transferred to the parish council, we may mention the power to -rant or refuse applications Eor poor allotment- under l' Will. -1. c. 42, -. :;. and to apply the n nt- of -neii allotments a- i by section 8 of that A't (see infra, p. 37) ; the return of the name- of persons to serve the office of constable under :, & 6 Viet. c. 109, -. :; ; the resolution to appoint a paid e.,n-laUe under I!.". ..V .".*! Vict. C. , . 1 -'. -. 12 : tile I'e-olll- fion to rate owner- instead of occupiers under 32 \ 33 Vict, c, 1 1 . -. I ; the consent to the provision by the overseers of a vestry room for the transaction of the business of the parish under lm & 26 Vict. c. 125, with some other- of Less imp'.: I ["he power to appoint an assistant i- expressly transferred to the council under ection 5, Bub-sec- tion (1). while the power to selecl a surveyor of highways or a way- warden i- abolished a- from the appointed day by section 25, which transfers to the district council of every rural district all the powei duties, and liabilities oi i \ authority within their district. The operation of that section ■!- (■• highwaj -. however, may lie postponed 82 The Local Government Act, 1894. Sect, 6. ''. v IM(1 county council for three years from the appointed day, and. with — the consent of the Local G-overhmenl Board, for a further period. The '''''• consenl of the parish council is expressly required by section 18, port, for the stopping up of a highway though the power to give or withhold that consent would have passed! to the parish council under the provision in the text. (/;.) The powers, duties, and liabilities of the church- wardens of the parish, except so far as they relate to the affairs of the church or to charities, or are powers and duties of overseers, but inclusive of the obligations of the churchwardens with respect to maintaining and repairing closed church- yards wherever the expenses of such maintenance and repair are repayable out of the poor rate 18 & 19 Vict. under the Burial Act, 1855 : Provided that such Cl 12e> obligations shall not in the case of any par- ticular 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. Transfer to Tarish Council of Powers, etc, of Church- wardens. — Seeing that the churchwardens are no longer to be over- seers, and that the overseers appointed by the parish council will have all the powers formerly exercisable by churchwardens when acting in that capacity (section 5, ante, p. 28), it is difficult to say what powers, duties, and liabilities of the churchwardens are intended to be trans- ferred by clause (b). The powers and duties of churchwardens which relate to the church and to ecclesiastical charities are left untouched : this exception covers their duties as to the repairs of the church, as to the allocation of pews, the custody of the goods of the church, &c. and their duties where they arc trustees of ecclesiastical charities. For the definitions of affairs of the church and ecclesiastical charities, see section 75, and as to their trustee-hip of charities, which are not "ecclesiastical," section 14. The obligations of the churchwardens with respect to closed church- yards are contained in the Burial Act, 1855 (18 & 1!) Vict. c. 128), s. 18. If 18 there provided that in every case where, by Order in Council, burials in any churchyard have been discontinued, the church- warden- are to maintain such churchyard in decent order, and to do the necessary repairs of the walls and other fences thereof, and to recover their expense- out of the poor rate. See Reg. v. St. John, Westgate, Transfer of Powers of Overseers. 33 Note. 31 L. J. Q. B. 15; Reg. v. Burial Board of Bishop Wearmouth, Sect. 6. 5Q.B.D.67. This obligation will now be transferred to the parish council in all cases where the churchwarden- in exercise of their powers under that Act require payment of these expenses out of the poor rate. and give a certificate for that purpose. It' the churchwardens in any parish choose to provide the necessary -urn for these expenses without having recourse to the poor rate in the manner indicated, the obligation to maintain and repair the closed churchyard will remain as at present. But immediately upon the churchwardens having recourse to the powers conferred on them by the Burial Act, and issuing a. certificate for the payment of the expenses out of the poor rate, the obligations of the parish council are to attach. Where the obligation is transferred to the parish council with respect to a closed churchyard which surrounds an existing church, tin' council must exercise their powers as to the church- yard in -uch a way a- not to interfere with the church itself, or the conduct of Divine sen ice in it. (-•.) 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 re- spect of the poor rate, or county rate, or the basis of the county rate ; and Tbaxsfeb to Pabish Council of Powers, kit., of Oveb- BKEB8— Valuation List and RATING. — With respect to appeals in-t a valuation li-t. if is provided by the Onion Assessment Com- mittee Act. 1 *<',•_> (2."> ,\: 26 Vict. c. 1":!. -. 32), that if the overseer- of any parish think that such parish i- aggrieved by the valuation li-t. whether it lie on the ground that the rateable hereditaments comprised in the valuation li-t "I -uch parish are valued at sums beyond the annual rateable value thereof, or on the ground that the rateable hereditaments comprised in the valuation li-t <>f some other parish in the same union are valued at -urn- less than tin- annual rateable value thereof, it shall be lawful for tin' overseers, with the consent of a vestry specially sum- moned, to appeal to quarter sessions against the valuation list, and upon such appeal the quarter sessions have power t-. make all necessarj cor- rections. The power of appeal under this section i- now transferred to the parish council, and it would appear from clause («) of tin- sub- ■;.,n that the consent of the vestry or of the parish meeting will no longer be" necessary a- a condition prec< dent to such appeal. ections by private persons t.> the valuation li-t are not affected. These will be given a- formerly to the assessment committee and the Vict, c 39, -. 1). u ;M Tin /., i a\ i hvernment Act, 189 1 Sect. 6. lf wi " '"' noticed thai the language of this Bub-section, which relates — to appeals in respeci of the poor rate, differs Erom thai which is used v, ' ( '- respecting appeals respecting the valuation list. It is no Longer "appeals by them" (the overseers). The reason of this is obvious. The over- seers make the rate in accordance with the valuation lis! Eor the time being in force. The valuation list is prepared, or, rather, settled, by the union assessmenl committee, and, as we have jus! seen, the overseers nave had the right of appeal in cases where they considered thai their parish was aggrieved by the valuation list; but, appeals againsl poor rates arc broughl by ratepayers, and the overseers, in such appeals, have been respondents. It is to such appeals thai the transfer of the duties ,,i overseers a- to appeals in respeci of the ] r rates relates. The responded will now lie the parish council. The parish council may appear in legal proceedings by their clerlj (Schedule I.. Part '-'. Rule (16)). The county rate i- regulated chiefly by the statute. L5 & 16 Vict. c. 81. The duties which formerly devolved upon the justices in quarter sessions with respect to the county rate have heen transferred to the county council by the Local Government Act, 1888. The council appoint a committee, who. Erom time to time, prepare, or revise, what is called the hasis. or standard. Eor the county rate ; in other words, they fix fur each parish within tin- county the value upon which such parish shall he assessed for the purposes of county rate. When the committee have prepared a new basis, it must he printed and sent to the overseers, and by them submitted to a vestry meeting. Objections may he made to it. and these are taken into consideration by the council, w ho confirm toe basis. After confirmation, if the overseers of any parish considered that such parish was aggrieved by the basis, they might appeal against it to the quarter sessions, and they had also a right of appeal under the same Act against the county rate at any time. The sections of the Act (15 & 16 Vict. c. 81) relating to these appeal- arc 17 and 22. The right of appeal under these sections is transferred by the text to the parish council. (ii.) The provision of parish hooks and of a vestry room or parochial office, parish chest, fire engine, fire escape, or matters relating thereto ; and Provision of Parish Books and other Parish Property- Books. — A- to the hook- to lie provided by overseers, aeepost, section 17, sub-section (8) and note, and the Vestry Act. 1818 (58 Geo. :?, c. 69). Vestry Boom.— Under 13 & 14 Vict, c'57, in a parish containing a population exceeding 2,000 persons according to the last census, a vesl a may he provided by the churchwardens and overseers for Transfer of Poicers of Overseers. 35 the holding of vestry meetings, after an order made by the Local Sect. 6. Government Board. Under 21 & 25 Vict. c. 12.">. the overseers of any — — parish, containing a population exceeding 4,000 may, with the consent Note. of the vestry and of the Local Government Board, hire or purchase lands or buildings for the purpose of an office for tin- transaction of the business of the parish. See section i. sub-section (1). and notes, pp. 19, 20 ; section 8. sab-section (1). (//). Parish Chest.— Under 58 Geo. 3, c. 69, s. 6, and 24 & 25 Vict, c. 125, the over-err- of a parish may provide proper depositaries for the documents, books, and papers belonging to the parish, and charge the upon the poor rate-. The parish chest referred to in the text may lie taken to he the iron chest which may lie provided at the expense of the parish, under 52 Geo. 3, c. 14(i. lor containing the registers of births, baptisms, marriages, and burials. Lire Engine and Fire Escape.— It is provided by ho & 31 Vict. c. 106, -. 29, that it' the vestry of any parish, where there is no town council, local board, or other authority competent to provide the same after due notice, shall re-olve that the OVi hall provide any tire engine, ladder, or tire escape Eor general use in the parish, the overseers shall provide the same, and payoutof the poor rate the cost thereof , and of procuring the proper place wherein to keep the same, and of maintaining it, as well a- any such engine, ladder, or escape acquired by the parish in any other manner, for such use, in a lii state of repair, and the charges of such persons a- may he necessary for the use thereof, a) ,d the cosl of suitable implements and accoutrements. The power thereby conferred upon the overseers, which is transferred to the parish council, is quite distinct from that which is transferred to the council under the next section after the adoption of the Lighting and Watching Act. (iii.i The holding or management of parish property, net being property relating to affairs of the church or held for i ecclesiastical charity, and the hold- ing in- management of village greens, or of alio! , whether I'm- i ion grounds or I'm' gardens or otherwise for tli,. benefit of the inhabitants or any of t hem ; Holding am. Managi ' Pbopebt? Under r>9 .. :;. e. 12,8. 17. all buildings, lands, and hereditaments, purchased or hired by the churchwardens and overseers of the poor of anj parish, for the purposes of the relief of the ] -.are vested in the church- wardens and overseers in trust for the parish; and under 55 Geo. 3, d2 36 The Local Government Act, L894. KoU SECT. C. c. L37,ss, L, 2, goods provided for the use of the poor of a parish axe also vested in the overseers and churchwardens. Ii is presumed thai tin' [c\i. iu referring to the hold ing and management of parish property, relates to property held under these Acts ; it will also include property rested in the churchwardens and overseers upon charitable trusts, where the charity is not "ecclesiastical." Sec section 5, sub-section (2), (<■). and section 14 and uotes. This property has already been vested in the parish council "subject to all trusts ami liabilities affecting the same" by section .".. sub-section (2), (c) ; the first paragraph, therefore, of clause (iii.) seems some- what superfluous. Property held under Inclosure and Allotments Acts. — The statute' 59 Geo. :s. c. 12, gives power to the churchwardens and overseers of any parish, with the consent of the vestry, to take into their hands any land belonging to the parish, or to purchase or hire on account of the parish, land within or near the parish not exceeding twenty acres (extended to fifty acres by the 1 & 2 Will 4, c. 42). and to employ the poor of the parish in the cultivation of such land ; and the same Act(section 13) empowers the churchwardens and overseers to let any portion of such land to any poor and industrious inhabitant, the rent and terms to be fixed by the vestry. The statute 1 & 2 Will. 4. c. 42, increases the limit of acreage from twenty to fifty acres, and gives certain restricted powers to the church- wardens and overseers of enclosing waste or common land near the parish, and of cultivating it for the benefit of the parish, ami of letting any part of it to poor and industrious inhabitants ; and these powersare to lie exercisable by the guardians of parishes united under the 22 ( .eo. 3, c. 83 (now repealed). 1 <*c 2 Will. 4. c. 59, extends the powers given to the churchwardens and overseers by the :,'.) Geo. 3, c. 12. so as enable them, with the consent of the Treasury, to enclose waste lands belonging to the Crown for the purposes similar to those specified in that Act. The Inclosure Act. 1845 (8 & 9 Vict. c. 118), provides that upon any inclosure of a common made by virtue of that Act. part of the lands to be enclosed may be appropriated as a place of exercise and recreation tor the inhabitants of the parish and neighbourhood. Such allotment i- to be made to the churchwardens and overseer- of the parish, and held by them for the benefit of the parish. The valuer may in like manner appropriate to the churchwardens and overseers allotments for the labouring poor. Land for these purposes may be taken in exchange for land enclosed. The Act further provides for the manage- ment of allotments for the labouring poor by allotment wardens, con- -i-tinfi of the incumbent of the parish, one of the churchwardens, and two ratepayers, who are required to let the allotments at fair rents in gardens not exceeding a quarter of an acre each to poor inhabitants of the parish, the rents of the gardens to be applied, first, in payment of rates, taxes, and other expenses, and the residue to be paid to the overseers in relief of the poor rates. Transfer of Powers of Overseers, p| The same Act provides by section 15 for the allotment of village Sect. 6. green- as recreation gromnds. y ilfi The statute 2 Will. 4. c. 42, after reciting that " In parishes inclosed under Acts of Parliament, there are in many cases allotments made for the benefit of the poor chiefly with a view to fuel which are now com- paratively useless and unproductive," make- provision for allotments held under Inclosure Acts for the benefit of the poor, and enables the trustee- of such allotments, together with the churchwardens and over- seers, to let portions thereof, not Less than one-fourth of an acre nor exceeding an acre, to industrious cottagers of good character, being day labourers or journeymen legally settled in the parish and dwelling within or near its bounds. Application is to be made under this Act to the vestry for any allotment (section 3), and the rent is to be applied by the vestry in the purchase of fuel, or to be distributed in the winter m among the poor parishioners. Section 8. The statute :> .V 6 Will. 1. c. 69, enacts that all the powers given to guardians and to churchwardens and overseers by the 22 Geo. 3. c. 83 (repealed by the Statute Law Revision Act, 1871), the 59 Geo. 3, c. 12. the l ,v 2 Will. I. re 12 and 59, aid the 2 (cited a- the 2 .V: 3) Will. 1. c. i_'. are to he exercised subject to the control of the Poor Law Com- missioners (now the Local Government Board), bj the overseers in any parish not under the manageraenl of a hoard of guardians ami by the guardians of any union or parish formed by virtue of any statute or local Act : and that those powers a- to inclosing, purchasing, hiring, or taking any waste, commons, or other land may he exercised for tic purpose of workhouse sites, or for any other of the purposes of the I & :. Will. I. e. 76. Thestatute 20 & 21 Vict. c. 31, s. 12. contain- provisions for the prevention of nuisances in town or village greens and on land allotted and awarded upon anj inclosure as a place for exercise and recreation. The powi r ..i taking proceedings under this section i- at present vested in the overseers ami churchwarden The statute :;''> Vict, c. I'.'. contains provisions for the better manage- ment of laid- allotted under local Acts of inclosure for the benefit of the poor and for the better administration of the law respecting such allotments in place- in which the numberof allotment wardens, trustees, ,,i- other functionaries appointed for the holding or management of (mch lands i- larger than i- found convenient for the proper manage- ment of the same. Under this Act committees may be appointed by the allotment trustees or by the vestry of any parish empowered to make an order under 2 Will. I. c. 12. already mentioned. This Act contains very little relating to the powers of churchwardens and overseers as mch.bul section 15 provides thai where any land has been acquired by churchwardens or overseers lor tie- purposes of the 59 Geo. :'.. c. 12: j Will. I. cc. 12 and ■ such purposes cannot be into . be sold, exchanged, therwise di | A in manner poo i< . I by '■> & 'i Will. I. c. I • ■on,,:, on- A-.. 1876 I " 1,:li " s 1 " 3g Thr Ldc&l Government Art, L$94. Sect. 6. relating to field gardens, recreation grounds, and village greens. These — are too long to be inserted in the compass of a note, and the reader is V° te - referred to the statute itself which is sel oul al length in "Lumley's Public Health," p. 933, and in Mr. Brooke-Little's work on the " LaM of Allotments," p. 171. The Allotments Extension Act. 1882(454 16 Vict. c. 80), deals with the letting in allotments of lands vested in or held or managed by trustees for the benefit of the poor of a palish. The Act is set out at length in the " Law of Allotments" above referred to, pp. 213—224. The Allotments Acts, 1887(50 & 51 Vict. c. 18), and 1890 (53 & 54 Vict. C. 65), are referred to in the notes to sub-section (3) of this section, and to sections 11 and 10. (77.) The powers exercisable with the approval of the Local Government Board by the board of guar- dians for the poor law union comprising the parish in respect of the sale, exchange, or letting of any parish property. Transfer to Parish Council of Powers of Guardians as to Sale, Exchange, or Letting of Parish Property.— The powers of boards of guardians relating to the sale, exchange, or letting of any parish property arc contained in 5 & 6 Will. 4, c 69,8. 3, and 5 & 6 Vict. c. 18. The parish council will succeed to the powers of the guardians under these Acts, but, apparently, the consent of the Local Government Board will still be necessary. Sub-sect. (2). (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 in- habitant householders by the Housing of the Working Classes Act, 1890, but without prejudice to the powers of such householders. Unhealthy Dwellings and Obstructive Buildings.— A.8 to unhealthy dwellings, section 31 of the Housing of the Working Classes Act, 1890 (53 k 54 Vict. c. 70), provides that any four or more householders living in or near to any street ma] "complain in writing to the medical officer of health" of a sanitary district "that any dwelling-house in or near that street is in a condition so dangerous or injurious to health as to be unlit for human habitation." The medical officer is thereupon bound to inspect the house forthwith and transmit to the local authority (the district council under this Act), the com- plaint, together with his opinion there. .ii. 1 if h( is of opinion that the dwelling-house is in the condition aforesaid, be is to represent the same to the local authority whose duty it will then be to take the steps directed by the following sections of the Act. Unhealthy Dwellings. 39 A~ to obstructive building 18, sub-sections (1) and (2), of Sect. 6. the same Act empowers any tour or more inhabitant householders of a -— - sanitary district to make to the local authority (the district council) a representation as respects any building to the effect that although not in itself unfit for human habitation, ir "is so situate that by reason of its proximity to or contact with any other buildings, it causes one of the following effects, that is to say : («) it stops ventilation or otherwise makes or conduces to make Mich other buildings to be in a condition unfit for human habitation or dangerous or injurious to health ; or (/>) it prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of Mich other buildings," and that, in their opinion, it is expedient that it should be pulled down. The district council is thereupon bound to have a report made as to the circumstances of the building, and to consider the representation and the report, and may proceed under the same section for the demolition of the obstructive building. Under section 4."> of the same Act, a copy of any complaint or repre- sentation made by householders as to unhealthy dwelling-houses or obstructive buildings is to be forwarded by the district council to the county council, who may exercise the powers of the district council in the event of the failure of the latter body to take proceedings in a proper C;t~c. A parish council is authorised by the Act to make similar complaints and representations to those which may be made under the sections above referred to by four or more householders, and it i- to be inferred that the same consequences will follow where the parish council acts under the provision in th tollow a complainl od representation made by such householders. The rights of those householders under the Act of L890 arc not interfered with by this section. (3.) A parish council shall have the same power of Sub-sect. (3). making a representation with respect to allotments, and of applvin lection of allotment managers, as is conferred on parliamentary electors by the Allotments jj° 4 * 51 Vlct< Act, lfi the Allotments Act, 1890, but without pre- 5*3 & 54 Vict. judice to tli" powei - of 1 '"• <, ' , ■ Allotments htd Allotment Managers. — Under section 2 of the Allotments Act, 1887, a representation maj be made to the itary authority (the districl council under this Act) by any six ed parliamentary electors or ratepayers resident in some parish within the rural district, to the effeel thai the circumstances of the ich that it i- the duty of the - uthority to take pro- lings under thai Acl for the provision of allotments. The parish council are empowered by the to si to make ;i similar representation. If the ganitarj authority Fail to carry ini the provisions of the Act, a petition to the count] council maj be presented under the Acl oi 1890 by the per* e mentioned, and the county council may take .|o The Local Government Act, L894. Sect 6 " X|T ,n '' powers and duties of the sanitary authority under the Act of 1887. Tin 1 parish council will, apparently, have power to make a Note. similar petition, such a proceeding being, it is thought, covered by the word "representation " used in the text. Dnder section 9 of the Act of 1887, a petition maybe made to the sanitary authority by a number not being less than one-sixth of the whole number of electors of allotment managers in the parish, praying for the election of such allotment managers, and, thereupon, the sanitary authority are to order such election. The same section provides Eor the method of election of allotment managers, the electors being the persons registered in any list of parliamentary electors for the parish as entitled to vote at an election of a member to serve in Parliament. It is not obvious why this power should he expressly conferred upon a. parish council, having regard to the next sub-section, which practically transfers to the council the powers and duties of the allotment managers. Sub-sect. (4). (4^ 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 for the 65 & •")(; Vict, purpose of section sixteen of the Small Holdings Act, 1892, two members of the parish council shall be sub- stituted for allotment managers or persons appointed as allotment managers. The principal Acts relating to allotments have already been mentioned in the note to sub-section (1) (V) (iii.). Under these Acts, as we have to some extent pointed out. the management of the allotments is entrusted to allotment wardens, committees, or allotment managers. The powers and duties of all these bodies arc to he transferred to the parish council. Under the Small Holdings Act. isii^'. s. 16, a county council is empowered to delegate their powers under the Act to a committee con- sisting, inter alia, of ••two of the allotment managers, if any, under the Allotment- Act. 1887, for the parish or area in which the holdings are situate, selected by those managers, or it there are no allotment managers, two persons appointed in manner provided by that Act Eor the appointment of allotment managers." Two members of the parish council are substituted by the provision in the text a- members of :i committee tor the purposes of the Small Holdings Act. 1892. They will be selected by the parish council in exercise of the powers of allot- ment maimers transferred to them by this sub-section. Adoptive Acts. 11 7. (1.) As from the appointed day, in every rural Sect. 7. parish the parish meeting shall, exclusively, have the Transferor power of adopting any of the following Acts, inclusive of powers under any Acts amending the same (all which Acts are in this ado P tlve Acts - Act referred to as "the adoptive Acts"); namely, — (a.) The Lighting and Watching Act, 1833 ; (b.) The Baths and Washhouses Acts, 1846 to 1882 ; (c.) The Burial Acts, 1852 to 1885 ; (d.) The Public Improvement Act, 1860; (c.) The Public Libraries Act, 1892. For the meaning of the expression "the appointed day." see note to •;,,n i. sub-section (3), aide, p. I. For the meaning <>( the expression "rural parish," see note to sec- tion 1. sub-section (1). ante, p. l'. As to the adoptive Act- in urban parishes, see section &2.j)ust. The Adoptive Acts. — The general scheme of the Act as to the adoption and execution of the adoptive Acts in rural parishes i- as follows: — The body to decide as to their adoption i- the parish meeting for the parish (sub-section (1)). or where the Art may be adopted for part only of a parish, the parish meeting for that part (sub-section (4)). The special provisions of each adoptive Art a- to the majorities required for it- adoption, abandonment, or other matters an- retained and applied to the new adopting body (sub-section (2)). The expenses incurred under the Act- are to he defrayed a- heretofore, and are not to be reckoned a- part of the general expenses of a parish council in calculating the amount which they arc authorised to spend by tin- Act (sub-section (6); section 11. sub-section (3) ). In the -mall parishes which have no parish council these expenses an- to be added to the expenses of the parish meeting in calculating the total expenditure authorised in such a parish (section 19, Bub tion (9) i. The authority for the execution of any of the Acts which may he adopted after the appointed day for the whole orparl of a parish, where that parish ha- a parish council, will be that council (sub-section (7)); a parish council may. however, under section 56, delegate it- powers as Mich executive authority to a committee, which may, if the Act has I., en adopted for a part only of the parish, consist partly of represen- tatives of that part. Where the adopting parish ha- not a parish council the executive authority may he. ii gh this Act contains no provision on the point, a committee appointed by the parish meeting. Section 19, Bub-sections ('■'•) i In n -mall parish having no parish ouncil it Beems that no case of the adoption ot any of these Acts for a pari of the parish could ari i n. fact the adoption oi any of tie a the whole of any oi these -mall parishes would probably be of rare occurrence. Where am !,.■ Act- ha- alreadj been adopted in a rural parish the \2 The Local Government Act, 1894. Sect 7 appointed day, then if the adoption was for the whole of the parish, the — parish council (if any) becomes the executive authority, superseding ■»" ih«' existing inspectors, commissioners, <>r other executive authority, under the adopted Act. Sub-section (6). Where the adoption extends to a part only of the parish the existing authority or the parish meeting for that pari may transfer the executive powers to the parish council, and may impose conditions as to the execution thereof by a committee. Section 53, Bub-section (1). If no such transfer is made, the existing authority for the execution of the Act will, it appears, continue to exist with all its powers. The appointment, however, of new members to till vacancies in these bodies, would, it is submitted, pass to the parish council as the successors of the vestry under section 6, sub-section (1) («). Where the area of an existing authority under any adoptive Act. comprises parts, or the whole of two or more parishes provision is made by section 53, sub-section (2), fori the transfer of the powers of the existing authority to the parish councils (and parishes where in me exist to the parish meetings) of the several parishes which, or parts of which, are comprised in the area and for the exercise of those powers by joint committees appointed by those councils or meetings. The same section gives power to a county council to alter the boundaries of such ana in cases where this can conveniently be done. Section 53, sub-section (f). Where any of the Acts have been adopted before the appointed day in a rural parish which dues not obtain a parish council under this Act, there is no express provision as to the executive authority; it seems, therefore, that the existing authority will remain, hut that future vacancies in its members will he tilled up by the parish meeting, as successors to the vestry under section L9, siih-sectiou (4), unless the c n> council make an order under section l'.'. sub-section (10). The Lighting and Watching Act, 18:5:; (:i & 4 Will. 1. O. 90).— It is provided by section 1(53 of the l'uhliu Health Act, 1876, that, where in any place which becomes included in an urban district or which, by order of the Local Government Hoard, becomes subjed to the provisions of thesection where the Lighting and Watching Act has been adopted, that Act -hall he superseded by the Public Health Act. and all lamp-, lamp-posts, gas-pipes, fire-engines, hoses, and other property vested in the inspectors tor the time being under the said Act shall vest in the authority having, under the Public Health Act, jurisdiction in such place. The result of this enactment is that the Lighting and Watching Act. 1833. does not apply to urban district- nor to rural districts in which urban powers have been granted, hut it still remain- in force in rural districts, and until the appointed day it may be adopted by any parish or part of a parish upon the resolution of a eting of the ratepayer-, which must he summoned for the purpose the churchwardens upon the application of three ratepayers. The adoption of the Act will, in future, he by resolution of the parish meeting; as to the method of convening a parish meeting, -re ,i,,tc. Adoptive Acts. 43 don 2, sub-section (3), note, p. ~. As to the majority required by Sect. 7. the Aot for it- adoption, see uote on sub-section (2), post, p. 4.".. The Act provides for its administration by inspectors elected by the rate- Azote. papers, one-third of whom go out of office in every year. The inspect >rs appoint officers and carry out the provisions of tin- Act. The expens - incurred by the inspectors under the Act are raised by rates levied l>y the overseers upon an order issued to them by the inspectors. The total sum which may be raised within any one year must not exceed the sum agreed upon by the inhabitants of the parish. Owners and occupi* of houses, buildings, and property other than land, are to pay a rate in the pound three times greater than thatat which the owners and occupiers of land shall be rated and pay Eor the purposes of the Act. The provi- sions of the Act as to watching are practically obsolete, but the Act is still in operation in many parishes throughoul the country, in so Ear as it relates to lighting and the providing of fire engines. The Baths and Washhouses Acts. — These are the 9 & 10 Vict. c. 74 : 10 & 11 Vict. c. 61 ; 41 & 42 Vict. c. 14 : 4.". & 16 Vict. c. 30. They are all Bet out in " Lumley's Public Health." It is provided by the Public Health Act, l s 7.".. -. In. that where the Baths and Washhouses Acts are in force within the district of any urban authority, such authority shall have all powers, rights, duties, capacities, and obligations in relation to such Acts exercisable by or attaching to the commissioners or persons acting in the execution of the said Art-, and where the Act- are not iii force, any urban authority may adopl them. The old method of adopting these Acts in rural - was by a ting of the vestry convened bj the churchwardens on the requisition often ratepayers. If the restrj resolved, by the required majority (as to which Bee notetosub-E 2), post, p. 45), to adopl the Acts, a copy of the resolution, signed by the chairman, was sent to the Local Government • 1 for approval, and upon such approval, such of the provisions of the Acta as were applicable came into operation in the parish. restry appointed a number of ratepayers, not less than three, uor more than seven, as commissioners, for carrying the Acl into execu- tion in the parish, one-third to go oui of office yearly. The expenses oi ating the Acts in anj parish are payable out of the poor rate, and the vestry had power Er time to time to order oversers t" levy, a- part of the poor rati-, such Bums a- mighi he necessarj t<> pay the expenses of the Act-. Two or more vestries might concur in earn, ^.ct into ration, with the approval of the Local Government Board. It i- not quite clear whether it i- -til! n< obta n the conseni of tie- I. G eminent Board t" the adoption of tin-.- Acts for a rural parish; the parish meeting h. the power "i adopting them, and there is no exp oi the provisions of the nsenl of the Department, I in. Burial Acts.— The Burial \ the following :— 15 & 16 Vid t. e. 184 ,17 ' 21 V i : 22 Vict. c. i \ 56 Vict c. 11, but that Act applies only to urban district-;. (2.) Where under any of the said Acts a particular Sub-sect, (2). 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 tire 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. The Lighting and Watching Act, 1833, requires, for the adoption of the Act, a majority consisting of two-thirds of the votes of the rate- payers present at the meeting called to consider the question, or, If a poll is taken, two-thirds of the votes given at the poll. The Bath and Washhouses Act, 1846, s. 5, provides that a resolution of a vestry for the adoption of the Act, shall not he deemed to be ried unless al least two-thirds of the number of votes given on the question -hall have been given for such resolution. Under the Burial Acts a vestry meeting may resolve by a hare majority to provide a burial ground for the parish. See post, sub- Bection (8), and the Burial Acts, 1852,8. 1". and 1855, s. 3. The Public [mprovemenl Act, I860, ma] be adopted in the same maimer a- the Baths and Washhouses Act (9 & 10 Vict. c. 74), viz., by a majority of two-thirds of the voters at the vestry meeting sum- moned to consider the question ( Bection 2 i. and the same Act requires the sanction of a majority of two-third- in value of the ratepayers in meeting assembled tor the parish improvemenl rate. Section 4. The Publi ■ Libraries Act, 1892, requires a mere bare majority of the answi :- to the question, whether the Act -hall be adopted or uot, to be in favour of it- adoption. The opinion of the voter- under the Public Libraries Act, 1892, i- to be ascertained as to the adoption of the Act, and as to certain other ified matters, by means of voting papers, tion 3 and First •!<> Government .1.7, L894. \ Sit r. 7. Schedule to thai Act. As to an] of these questions, the opinion of the parochial electors in a rural parish is now to be obtained i>v means of a poll taken in manner provided by this Act, that is to say, bj ballot. See arete, section 2, sub-section (6), and note, and post, section 41. The First Schedule of the Public Libraries Act, 1892, which provides Cor ascertaining the opinion of the ratepayers by voting papers is repealed by this Act so far as it applies to a rural parish. Excepl in the case above-mentioned, where an adoptive Act requires thai the opinion of the voters shall be taken by means of voting papers, the provisions of the adoptive Acts as to the right of voters to demand a poll, must be taken to be superseded by this Act. The rulesasto parish meetings, contained in Pari [.of the First Schedule, give power to one parochial elector to demand a poll respecting " the adoption of any of the adoptive Acts"(rule 7. (/•))'; but as to the abandonmenl of an adoptive Act, and as to any other matter arising under an adoptive Act, a pull is not to be taken unless either the chairman of the meeting assents or a poll is demanded by parochial electors presenl at the meeting not being less than five in number or one-third of those present, which- ever number is least. Rule 7. A poll may be demanded at any time before the commencement of a parish meeting. Rule 6. Sub-sect. (3). (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 every meeting of ratepayers or voters. For examples of eases where the consent of the vestry is required in relation to expenses or rates, reference may be made to section 9 of the Lightingand Watching Act, 1833, which enables the vestry at a special meeting to fix the total amount of money which the inspector shall have power to call for in any one year ; to the Baths and Washhouses Act, 1846, S. 16, which provides that the amount of the expenses of carrying the Act into execution shall be sanctioned from time to time by the vestry; to section 19 of the Burial Act. is.", 2. which provides that the expenses of providing and laying out a burial ground and building chapels shall not exceed the sum authorised by the vestry ; to section 4 of the Public Improvement Act, I860, which requires the consent of a majority of two-thirds of the ratepayers to the separate rate for expenses under that Act; and to section is of the Public Libraries Act. 1892, which provides that the amount of the expenses under that Act shall be raised out of a rate sanctioned by the vestry. This lisl is not exhaustive, but it indicate^ the kind of consents or approvals which are referred to in the text. In all these cases the consenl or approval of the parish meeting will be substituted for that of the vestry. Adoptive Acts. 47 (4.) Where there is power to adopt any of the adoptive Sect. 7 Acts for a part only of a rural parish, the Act may be g u b-s«jt. (4). adopted by a parish meeting held for that part. By the Lighting and Watching Act, s. 7!'>. that Act may be adopted for part of a parish. By 18 & 19 Vict. c. 128, s. 13, the Burials Act may be adopted in a district parish forming part of a rural parish, and by 20 & 21 Vict c. 81, s. 5, the vestry, or meeting in the nature of a vestry, of any parish, new parish, township, or other district not sepa- rately maintaining its own poor, ami which has no separate burial ground, may appoint the burial board. In such cases a parish meeting held for a part of a parish may adopt either of these Acts for that part. The part of a parish for which the Act is adopted may be a parish ward formed under the provisions of section 18 of ibis Act, or may be merely a division of the parish for the purposes of the adoptive Act. Section 42 relates to the qualification of parochial electors to attend and vote at a parish meeting held for a ward or other part of a parish, and applies to such meetings the provisions of this Act as to ordinary parish meeting-. As to the authority who will act in the execution of any Act adopted for a part only of a parish, see note on sub-section (1), ante, pp. 11. 42. and sab-section (7), post. (5.) Where the area under any existing authority acting Sub-sect. (5). 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 coining into office, be transferred to that council. This sub-section will apply in all cases where any of the above Acts have been adopted for an entire parish, and that parish has a parish council under this Act. In Buch cases tin' parish council will supersede the < authorities for the execution of the Acts, including the l ghting Inspectors, the Baths and Wash! ses Commissioners, the Public Improvement Commissioners, the Burial Board, and the Library Commissioners. Ae to th< executive authority in different cases, see note on rab-section (1 ). ante, p. 42. As to the power of a parish council to appoint committees for the exercise of it- powers, see note on sub-section (7). (6.) This Act -lmll not alter the incidence of charge of Sub-feet. (6). .- rate levied to defra incurred lander any of the adoptive Acts, and anj 3uch rate shall be made and charged ae heretofore, and any property applicable to [8 Tin- Local Government Act, is 1 .) I. Sect. 7. the payment of such expenses shall continue to be so applicable. The object of this sub-section appears to be to prevent expenses of the adoptive Acts being regarded as expenses of the parish council. It will be -ecu hereafter that, by section 11, sub-section :'>, the expenses under these Acts are to be excluded in reckoning the maximum amount which the parish council arc authorised to spend. The sub-section will further apply in a case similar to that which is provided for by section 18 of the Public Libraries Act. 1892, under which, as we have seen, land as distinguished from buildings is rated at a proportion only of its rateable value. A. similar provision is contained in section 33 of the Lighting and Watching Act. Elates for the purposes of these Aets will continue to be levied as heretofore. As to these expenses in a parish not having a parish council, see note on sub-section (1). ante, p. 41. and section l'.». sub-section (ii). Sub-sect. (7). (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. Under section 56 a parish council has power to appoint committees for the exercise of any powers which, in the opinion of the council, can be properly exercised by committees. It is suggested that the execution of an adoptive Act is a matter which might properly be delegated to a committee ; the acts of a committee, it must lie remembered, are to be submitted to the council for their approval, and a committee will not hold office beyond " the next annual meeting " after its appointment (section 56). Sub-section (2) of that section seems exactly to meet tie- case of the execution of an adoptive Act which has been adopted for a part only of a parish. Sub-sect. (8). (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. The resolution referred to is that of the parish meeting passed by the required majority. Sec ante, notes to sub-section (1), p. 44, and sub- section (2). Sect. 8. 8. (1.) A parish council shall have the following addi- Additional tional powers, namely— IXheounciL ("•) To Provide or acquire buildings for public offices and for meetings and for any purposes con- Powers of Parish Council : Buildings and Land. '■' nected with parish business or with the powers Sect. 8. or duties of the parish council or parish meeting ; and Buildings fur Offices and Meetings. — This power appears to be in addition to those which are transferred to the council from the churchwardens and overseers, under section 6, sub-section (1) (c). These powers are noticed under section 4. sub-section (1). ante, pp. 19, 20. They only exist in comparatively large parishes. The power given in the text applies in the ease of every parish having a parish council, hut it- exercise must, of course, he controlled by the limits which are placed upon the expenditure of a parish council by section 11. It will he noticed that the purposes for which these buildings may he providedior acquired relate to parish husiness. and the powers ami duties of parish councils and meetings : they may. however, he let for other purposes under sub-section (2). (6.) To provide or acquire land for such buildings and for a recreation ground and for public walks ; and Kecreation GeouNDS. — The power hereby conferred upon the council as to recreation grounds and public walks will he in addition to the power transferred under the last section, which depends upon the adoption by the parish meeting of the Public [mprovement Act. I860. A- to the holding and management by a parish council of allotments for recreation grounds under the Enclosure Ait-, see ante, section 6, -uh-section (1) (c.) (iii.) and notes, p. ;]:,. Provisions a- to the acquisition of land by a parish council are con- tained in section '.». pout, p. 56, et seq. The power conferred by this clause ms adapted lor the use of jer parishes only, though it i-. of course, exercisable in any parish having a parish council. (c.) To apply to the Board of Agriculture under tion nine of the Commons Act, L876; and 39&40Vict. c. 5 ;. REGULA1 IOH OF COMMO tion w of the ( !ommons Act, 1876, provides tor the making of applications to the Enclosure < lommissioners (now the Board oi Agriculture) by persons interested in any common the regulation or inclosure of commons under the Enclosure Arts. 1845 to 1868, as amended by that Act, and requires thai the Board shall, when requested, i such persons directions as to the mode in which rach applications Bhall hi- made, with explanations as to tin- law tor thi ion ami inclosure of commons. ('/.) To exercise with respect to anj recreation ground, villi open - • r public . \\lii<-li 50 The Local Government Act, L894. Slier. 8. is for the time being under (heir control, or to the expense of which they have eont rihuted, such powers as maj be exercised by an urban authority under section one hundred and sixty- 38 * :;; ' Vi " four of the Public Health Act, 1875, or section c. 5o. 53 & 54 Vicl forty-four of the Public Health Acts Amend- c '•' ment Act, 1890, in relation to recreation grounds or public walks, and sections one hundred and eighty-three to one hundred and eighty-six of the Public Health Act, 1875, shall apply accord- ingly as if the parish council were a local autho- rity within the meaning of those sections; and Regulation of Open Spaces: — Section 164 of the Public Health Act, 1875, provides as follows : — "Any urban authority may purchase or take on lease, lay out, 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 bye-laws for the regulation of any such public walk or pleasure ground, and may by such bye-laws provide for the removal from such public walk or pleasure ground of any person infringing any such bye-law, by any officer of the urban authority, or constable." Section 44 of the Public Health Acts Amendment Act, 1890, pro- vides as follows : — " (1) An urban authority may. on such days as they think fit, not exceeding twelve days in any one year, nor four consecu- tive days on any one occasion, close to the public any park or pleasure ground provided by them, or any part thereof, and may grant the use of the same, cither 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 admission 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 either 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 tlmt 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 pleasure boats on any lake or piece of water in any such park or pleasure ground, and may make bye-laws for regulating the numbering and naming of such boats, the number of persons to be car- ried therein, the boat-houses and mooring places for the same, and for fixing rates of hire, and the qualifications of boatmen, and for securing their good and orderly conduct while in charge of any boat," Powers of Parish Council : Open Spaces. 51 Sections 183 to \*c, of the Public Health Act, L875, contain provi- Sect. 8. Bione as to the bye-laws which may be made by a local authority under —^ that Act. They include a power to impose penalties for breach of bye- laws, and require that such bvedaws shall not take effect until they have been continued by the Local Government Board, and that oppor- tunity shall be given for the inspection of the proposed bye-laws by the ratepayers before they are confirmed, and that when made they shall be printed and hung up in the office of the local authority, and copies be given to the overseers of every parish to which they relate, and to any ratepayer of the district to which they relate upon his application. A copy of the bye-laws, signed and certified bythe clerk of the local autho- ritv by whom they were made, is evidence in all legal proceedings. All the powers of a local authority under the sections above referred to may be exercised by a parish council with respect to a recreation ground, &c, which is under their control, or to the expense of which they have merely " contributed." There is no provision such as might have been expected for the joint exercise of the powers bythe parish council and the other contributors to the expense of the ground, nor any saving of the rights of those other contributors. In fact, the rights of management of any persons who own or have hitherto managed these grounds. &c., seem to be entirely superseded where the parish council have contributed, to however small an extent, to the expense : and " expense " would seem to include the cost of keeping the ground up as well as the cost of acquiring and laying it out in the first instance. (e.) To utilise any well, spring, or stream within then- parish and provide facilities for obtaining water thei'efrom, but so as not to interfere with the lights of any corporation or person ; and WATBB SUPPLY. — This clause confers upon a parish council a limited power "f providing a water supply for their parish. It must be noticed that it does not give a power to bring water from outside the parish ; only well-, springs, or streams within the parish can lie utilized lor the purposes of this clause. Moreover, the rights of any corporation or person are not to be inter- fered with. This prohibition, it is suggested, would not prevent the acquisition of rights by voluntary agreement, but it i- sufficient to pro- tect from interference the rights of private persons who may own land covered by water, or have property, such ■<- fisheries orriparian rights earn, and of public bodies, such as conservancy authorities or district councils, whose duties as to water supplj are expressly retained by sab-section (3), port, p. 55. Clause ('.). past, p. 53, gives the parish council power to execute any work- which may be necessary to the exercise "i their powers under this clause, and if the new that they may acquire land bj agreement I this purpose be correct, it may be acquired under the provisions of i i 52 The Local Government Act, 1R94. Sect. 8. (/■) 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 bring prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local autho- rity ; and Insanitary Ditches and Drains. — Any pool, ditch, &c, which is a nuisance or injurious to health, may be deali with by the district council under sections 91—98 of the Public Health Act, 1875, and sub- section (3) of this section contains an express saving of the powers of the district council as to the execution of sanitary works. The exercise of the power given to a parish council by this clause may be a matter of sonic difficulty. They have not at their disposal the services of the medical officer of health, inspector of nuisances, and other sanitary officers which Eorm part of the staff of the district council. Their powers, therefore, to detect any such nuisance as is mentioned in the text seem limited to the personal observation of the parish councillors. If. however, such a nuisance lie brought to the notice of a parish council, it is difficult to see how they are to deal with it in tic manner described without interfering with private rights; neither is there any provision for the taking' of any such legal proceed- ings by the parish council to enforce the abatement of the nuisance as may be taken by a district council under the sections of the Public Health Act above referred to. Wheresiteha nuisance cannot beremoved by a parish council under this clause (or clause (■/')) without interfering withaprivateright.it seems that the best course for that council to pursue will he to bring the matter under the notice of the district council, and, if necessary, to complain under section 11! of this Act to the county council of the default of the district council. (tj.) 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 Rights of Way. — This clause empowers a parish council to pur- chase a right of passage over land not already the subject of a, public right of way. A right of way so acquired would, of course, enure for the benefit of the inhabitants of the parish, and the parish council must, before proceeding to acquire it, satisfy themselves that its acquisition will be for the benefit of the inhabitants of the parish generally, or of Poiccrs of Parish Council: RigJits of Way. 53 the inhabitants of some part of the parish. Strictly speaking, a right Sect. 8. of way, which would benefit two or three individual inhabitants, would AT / come within the description, but the parish council must consider the - • price ro be paid and the extent of the benefit which the acquisition of the right of way would confer, and exercise their discretion accordingly as to the advisability or otherwise of making the purchase. Where the land over which it i- proposed to acquire the right of way. or any part of it. j- situate in an adjoining parish, it is suggested thai either the permission of the council or meeting of the adjoining parish should lie obtained before an agreement is made for the purchase, or that the parishes should agree to make the purchase jointly under the power- of clause (It), infra. It will V noticed that the acquisition can only be made " by agree- ment." The powers of section 9 as to acquiring land otherwise than U agreement will, therefore, have qo application. (li.) 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 Gifts of Property. Such property a< is mentioned in this clause would be held by the parish council upon the trusts created by the donors. i\ works (including works of mainten- ance or improvement) incidental to or conse- quential on the exercise of any of the foregoi powers, or in relation to any parish property, not being property relating to affairs of the church or held for an ecclesiastical charity ; and Km of Works. This provision is very necessary to of many of the I power-. "Parish property "in this clause must be taken to mean property tie paiish council. See sectioi .". and 6, ante. Aj to property relating i the church or held for an I charity, on 6, sub-section (2), (o), and section i and notes. •ntributi ds i he e of lining anj ol the things above mentioned, or fco or obine with pai ish council fco do or I ribute i" I doing an the tlii mill ioned. towabi Agreement wi i n "i mi- • maj be usefull) resorted b 54 The I ■ rovernment Act, 1894. RjijCl . 8. in cases where the powers of this sub-section may he exercised by any of two "r more parishes, as. for instance, in the case above mentioned, - '"''• of the acquisition of aright of way in an adjoining parish. Ante, clause Qp). Snbsect.(2). (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 tins 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 Trusts 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. Sale and Letting of Land and Buildings. — It will be remembered that under section 5, sub-section (2), the legal interest in all property vested in the overseers and churchwardens of a rural parish other than property connected with the affairs of the church is trans- ferred to the parish council, subject to all trusts and liabilities affecting the same ; and by section 6, sub-section (1), the powers, duties, and liabilities of the churchwardens and overseers with respect to the holding of parish property is also transferred to the parish council. Again, under the last preceding sub-section a parish council has various powers of providing, acquiring, and holding land and buildings. See in particular clauses (a), (/>), and (//). The provision in the text will not, it is assumed, enable the parish council to alter any trust or avoid any liability connected with property so transferred to them, but. subject to this, the parish council may exercise the powers given to them by this sub-section. I uder the provision in the text a parish council may, without obtaining the consenl of any other authority or person — (i.) Let for allotments am laud which is voted in them. As to letting; land for allotments, see the provisions of the Acts which arc referred to in the notes to section G, sub-section (1), (V), (iii.)j 'i" 1 '- pp. 35-38, and to sections 'J and 10, post. Powers of Parish Council: Parish Lands. 55 Note. (ii.) Let for any period not exceeding one year any land or buildings SECT. 8. vested in them. Amongst the modes in which this power ean be exercised ma] be mentioned the letting of any parochial offices vested iii them for such a temporary purpose as lectures, entertainments, and religious or other meetings, or of any vacant land- vested in them for the purposes of an agricultural or horticultural show. As to the letting for more than a year, and as to sale or exchange, the powers of a parish council can only be exercised subject to certain consents or approvals being first obtained. (a.) Where the property proposed to be dealt with in this way has been acquired at the expense of any rate (e.g., land or buildings pur- chased or provided under the powers transferred to or conferred upon a parish council by this Act), or is at the passing of this Act applied in aid of any rate (e.g., sums received b\ way of renl for allotments for highway purposes under 8 & 9 Vict. c. 118, s. 72), or would but for want of income be so applied, the consent of the Local Government B lard is necessary. (J.) In all other cases the consent of the charity Commissioners, under the Charitable Trusts Acts, L853— 1891, will be required. The Charitable Trusts Acts above referred to arc the following:— L6 & 17 Vict. c. 137; L8 & 19 Vict. c. 121 ; 23 & 21 Vict. c. 136; 25 & 26 Vict. c. 112 : 32 & 33 Vict. c. 110 j 35 & 36 Vict. c. 24 ; 50 & 51 Vict. c. I'.i ; and 51 Vict, c 2. s. 28. The powers of the commissioners, with respect to authorising sales, exchanges, &c, of lands, are contained in 16 & 17 Vict. c. 137, ss. 24 to 26, and L8 & L9 Vict. c. 121. ss. 29—39. These Acts will have to be referred to when any sale, exchange, or lease for more than a year of land- or building- i- in contemplation. (3.) Nothing in this section shall derogate from any Sub-sect. (3). obligation of a district council with respect to the supply of water or th< sution of sanitary works. This saving clan-- is inserted in consequence of the powers conferred npon the parish council with regard to water supply, and the sanitarj - mentioned in sub-section | I ) (< ) and (/), ante, pp. 51, 52. As to the manner in which a district Council Can be compelled to provide a water suppbj ami execute sanitary works, see the notes to on 16, pott. (I.) Notice of any application to tin- Board of A.gri- Sub-sect. (4). culturi i to b common shall be served upon tin' incil "l <-\>v\ parish in which any pari of the cornm ■ which the applical ion r< ate. A.- t.. these application-, -ee note t,, nub-Bection ( I ) (<•>. ""'< . p. 19. Ii' anj of the parishes here referred to ha- no parish council, no 5G / d Government Act, L894. \ Sit t. 8. notice need be served under this sub-section. Applicants, however, to the Hoard of Agriculture Eor a provisional order for the regulation or enclosure of a common are required by section 10 of the Commons Act, 1876, to advertise their intention so to apply in at leasl one local paper, and to give notice thereof to an urban sanitary authority where thai authority is entitled to receive such notice under section 8 of thai Act. Sect. 9. 9. (1.) For the purpose of the acquisition of land by a PowerTfor parish council the Lands Clauses Acts shall be incor- acquisition of porated with this Act, except the provisions of those Acts with respect to the purchase and taking of land other- wise than by agreement, and section one hundred and 38 \ 39 Vict, seventy-eight of the Public Health Act, 1875, shall apply as if the parish council were referred to therein. Taking Land by Agreement. — The powers of the council Eor the compulsory purchase of land arc contained in subsequent sub-sections. The Lands Clauses Acts, which are incorporated by the provision in the text, arc the 8 Victc. 18 ; 23 & 24 Vict. c. L06 ; 32 & 33 Vict. c. 18, and Hi ,v 17 Vict, c 15. All these Acts arc contained in " Lumley's Public Health." Duchy op Lancaster.— Section I 78 of the Public Health Act. L875, relates to lands belonging to the Duchy of Lancaster. It enables the ( lhancellor ami ( iouncil of the Duchy to sell lands, or any right, interest. or casement in. through, over, or on such lands to a local authority, and thi- power is extended by the text to a sale to the parish council. Sub-sect. (2). (2.) If a parish council are unable to acquire by agree- ment and on reasonable terms suitable land for any pur- pose 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. Taking Land Compulsoeily. — This sub-section contains the first Btep by the parish council in the way of the compulsory acquisition of land. .\ representation is to be made to the county council by the parish council : such representation need not, he in any particular form, hut it would -ciiii that it ought to state the purpose lor which the land is required, that no suitable land for the purpose can he obtained by agree- ment and on reasonable terms, and Bhould indicate, by a sufficiently accurate description, the land which it desired to acquire. Itwillbemost convenient to frame it as a resolution to he entered on the minutes with a direction to the clerk to transmit it to the county council for considera- tion by them. Purposes for which a parish council are not authorised to acquire land compulsoxily are noticed under sub-section (15), infra. It may be convenienl to summarize in this place the method by which a Compulsory Acquisition of Land. 57 parish — and, as regards allotments, a district, and in some cases a county — Sect. 9. council may acquire land otherwise than byagreemenl under this section — — the detail- of the scheme will be noticed under the different sub-sections -^'" v - which follow. The initial step is a representation made under this section by the parish council to the county council, or, in the case of allotment-, a petition by the district council to the county council under the Allot- ments Act, 1887, or a representation to the <-.uiie body under the Allotment- Act. 1890. Sub-section (3), ^?o*£. For the purpose of dealing with such representations and petition, a county council will act by its standing committee appointed under section 3 of the Allotments Act. 1890. s. , port, sub-section (IS). If. upon any such proceeding, the COnnty council are satisfied that a pinna facie ca-c is made out for applying the provisions of tin- section, they nm-t order a public inquiry to be made in the parish, after notice to the owner-, lessees, and occupiers of the land proposed to In' taken ; the nature of the inquiry and the notice- must he such a- rule- of the Local Government Board prescribe (sub-section (3) and section 7.')) ; persons interested may appear at the inquiry by themselves or their agents (hut not except in prescribed - by counsel or with the assistance of expert witnesses), and support or oppose thi of the land. Sub-sections (:>) (1 1) ). On completion of thi- inquiry the county council may make a pro- visional order for the purchase of the land otherwise than by agree- ment ; such an order must incorporate the Lands Clauses Acts and ions 77 to 85 of the Railway Clauses Consolidation Act, 1845, '"with the necessary adaptations, "but with the provisions as to •< ning the amount of disputed compensation noticed under sub-section (10),j?os£. Sub-sections (4) (10). If the county council refuse to make the order, the council who have made the representation or petition may petition the Local Government rd, who may make the order, after a local inquiry, to which sections -296 and sub-sections (lj and (l') of section 297 of the Public Health Act, 1875, will apply ; an order bythe Board overruling a count] . be laid before Parliament. Sub-sections (.">) (8). Notice ot thi ad of its effect .- then to be served " in the pre- scribed manner " (presumably upon the persons who have opposed or ; in i he t.d.ii: land j (sub-section (i'.) ). and the order whether made by the county council or the Board i- to be deposited with thi ■• to inquire whether the provisions of this ion and the prescribed regulations have been complied with. Sab-section (7). If the Board is satisfied a- to this and no memorial i- presented to the Board before t! ition of the "prescribed praying lor further inquiry before final confirmatio then the Hoard shall after -presumably immediately after — the I confirm the order. Sub-section (7) (a), ii a aorial i- pr< the Board must hold a local inquiry, even though they have already held such an inquiry upon appeal from a refusal of I it) council, and may after that inquiry confirm, 5EJ Tin 1 Loca, i hvernment Act, L89 1. Sect. 9. &hiend, or disallow the order. Sub-section (7) (//). Upon confirma- tion the order will be final and have the effect of an Act of Parliament. v ' ,v - Sub-section (7) (-■). Sub-sect. (3). (3.) I! on any such representation, or on any pro- ceeding under the Allot incuts Acts, 1887 and 1890, a county council arc satisfied that suitable land for the said purpose of the parish council or for the purpose of allotments (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 under this section, they shall 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, and all persons interested shall be permitted to attend at the inquiry, and to support or oppose the taking of the land. REPBESENTATTOK to County Council. — It is important to notice the matters as to which the county council must be satisfied before acting under this section. They must be satisfied — (1) that suitable laud for the purpose in view cannot be acquired by voluntary agreement, or that if it can be mi acquired that cannot be done on reasonable terms ; and (2) that the circumstances are such as to justify the compulsory acquisition of the property. The last condition gives a wide discretion to the county council, but if in the exercise of their discretion they refuse to proceed, it would seem that a petition may be presented to the Local Government Board under sub-section (">) as well in this case as in a case where after holding an inquiry they refuse to make the order. Under the Allotments Act, 1887, the authority to apply for com- pulsory powers for the taking of land for allotments is the district council, and the procedure is by way of provisional order made by the county council requiring confirmation by Parliament. Under the Allotments Act. 1890, the persons who under the Act of 1887 may set the district council in motion, viz., in a rural parish any six parliamentary electors or ratepayers resident in the parish may, if dissatisfied with the proceedings of a district council after a repre- sentation made to that body under the earlier Act, petition the county council. The county council may thereupon, after theinquiry required by the Act. make a provisional order upon the recommendation of their standing committee (appointed under section 3 of that Act) without any application by the district council under the Act of 1887. I nder section <>, sub-section (:'>) of this Act (ante, p. 39), a parish council has the -a me power of making a representation under either of Compulsory Acquisition of Land. 59 these Allotments Acts as is by either of those Acts conferred upon Sect. 9. parliamentary electors. — — ENQtriET. — If the county council arc satisfied as to the matters referred to above, they are to proceed to give notices and to hold a public inquiry ; it may be assumed that the notices will be given before the inquiry is held, though this, the natural, order of event- is inverted in the text. The inquiry and the notices are to be "such as may be prescribed," i.e., by order of the Local Government Board. See section 75. lint the inquiry must be public and must be made in the parish, and the notices must be given both in the parish and to the owners, lessees, and occupiers of the land proposed to be taken. The inquiry will be held under the provisions of section :'. of the Allotments Art. L890, which, bj sub-section (.1".). infra, i- incorporated with this section, viz.. by such one or more members of the standing committee of the county council established under that section, or Mich officer of tin- count] council or other person a- the standing committee may appoint to hold the same. The person holding the inquiry will have the -ante power- as an inspector of the Local Government Board when holding an inquiry, and the county council may make order- as to the costs of such inquiries. See sub-sections (8) and ( Il'i. infra, and Public Health Act, 1875, sections 294—296. All persons interested may attend the inquiry by themselves or their agents, and support or oppose the taking of the land. Counsel and expert witnesses are not to !,<■ beard except in such cases as may lie prescribed. Sub-section (11). infra. (4.) After the completion of the inquiry, and con- Sub-sect. (f). sidering all objections made by any persons interested, the county council may make an order tor putting in fore ' iid hind or any part thereof, the provisions oi the Lands Clausi with respect to the pit, i nd taking of land otherwise than by agreement. i. OEDEB.- — Aii order made under this provision will be provisional only and cannot be acted on until it is confirmed under Biib-section ( 7 ). infra. This sub-section must be read with sab-section (10), infra: the order is to incorp t only the Lands Clauses Acts bul sections 77 -:. oi the Railways Clausi I insolidation Act, 1845, and may make the •■ necessary adaptations " o1 those proi isions : further, anj question oi disputed compensation i- to be dealt with under section .'i of the Allotment* Act, 1887. A- to this, see note on sub-section (10), infra . (.").) Ii the eountj council refuse to make anj such Sub-secl der, the parish council, or, if the proceeding is taken on the pel ii ion ni 1 1 ci iuncil, then the disl rict 60 The Locai Go\ emmenl Act, 1894, Sect. 9. council may petition the Local Government Board, and that Board alter local inquiry may, if bhej think proper, make the order, and this section shall apply as if the order had been made h\ the counts council. An\ order made under this suh section overruling the decision of the county council shall be laid before Parliament l>> the Local Government Board. Appeal to Local Government BoAED.^-This subjection gives a righl nl' appeal to the Local Government Board in any rase where a county council has refused to make the order referred to in the last sub-section. It, would seem that this righl of appeal will exist where the county council has refused to direct an inquiry under sub-section (:'>), not being satisfied as to the existence of (lie conditions in that suli-seetion referred to, as well as when after such inquiry they have refused in make the order. The appeal i- to he by the parish council or the district council; by the district council if the petition has been presented by them under the Allotments Act. 1887 : by the parish council if they have made the representation under sub-section (2) of this section or. apparently, if the petition has been made under the Allotments Act. 1890, by the persons in that Act authorised to petition the county council as to an alleged default of the district council in the provision ofiallotments. (See note on sub-section (3), ante.') No right of appeal is given by the sub-section now under consideration to those persons, hut as this section applies to any proceedings under the Allotments Acts. 1887 and I890,and the parish council is authorised to appeal in all cases except where the district council may do so, it appears that upon a refusal of the county council to make an order in proceedings which have been initiated bj parliamentary electors under tint Act of 1890, the parish council may take up the matter after the refusal has been made by the county council, and may appeal under this sub-section. It will be noticed that no right of appeal is given under this sub- lion against an order made by a county council under the preceding sub-section. The course for any person to pursue who considers him- self aggrieved by the making of such an order will be to memorialize the Local Government Board against the confirmation of the order under suh-section (7). 'I'll,- petition to the Local < iovcrniiienl Board should set out the original representation or petition to the county council, and any evi- dence in support of it upon which the petitioners rely, whether it lias been already adduced at an inquiry by the county council or not. Upon the presentation of such a petition the Board will, it appears, be bound to hold a local inquiry, and to any such inquiry, seel ions 293 to 296 and sub-sections (1) and (2) of section 297 of the Public Health Act, 187.",, will apply (see sub-section (8), infra) ; it will be conducted bj an inspector of the Board. pulsory Acquisition of Land. 61 Note. After the inquiry has been held the Board may make the order, but Sect. 9. it will be provisional only until confirmed under sub-section (7), and will stand on the same footing as an order by the county council made under si 1 (4). Any order of the Local Government Board under this si . putting in force compulsory po purchasing land, must be an order " overruling the decision of the county council."' and must, therefore, in all cases, be laid before Parliament. The Act is silent as to when such an order is to be laid before Par- liament. Neither is any power given to Parliament to deal with such an order, similar to the power which is given to Parliament by section 25 of the Judicature Act, 1875, to present an address praying for the annulment of rules of court laid before them under that section. Ap- parently, the intention of the present provision is that such an order shall merely be brought to the attention of Parliament. The laying of the order itself before Parliament is in addition to the report by the Local Government Board of proceedings under this sec- tion, which is required by section 10, sub-section (11). post. A similar provision for the laying of orders before Parliament is contained in the Local Government Act. 1888, s. .".7. (6.) A copy of any order made under this section shall Sub " sect - ( G )» be served in the prescribed manner, together with a state- ment that the order will become final and have the effect of an Act of Parliament, unless within the prescribed period a memorial by some person interested is presented to the Local Government Board praying that the order shall not become law without further inquiry. SERVICE OF <>kder. — The -order" here referred to include-, an order made by the county council or by the Local Government Hoard under the preceding sub-sections. As to the presentation of memorials and the final confirmation of orders, see the next sub-section. Thecopy of the order and the statement referred to in thie ction is to be Berved "in thepr manner," viz., prescribed by the Local Govern- ment Board (section 75). No provision is made by the Act as to the persona upon whom il is to be -• rved, but it may be presumed that the Loc amenl Board will prescribe thai it -hall be served upon the prou the application, and upon the owners, leasees, and occupiers of the land affected. No order can be made by the Local Government Board under the on unless notice of its pnrporl baa been previously given in a lo paper circulating in the district to which ii relates (Public ion i I I, incorporated by sub-section ra. (7.) Thi order shall be depi ti I with the Local Snl • Board, who shall inquire whether the pro- 62 The Local Government Act, 1894. Sect. 9. visions of this section and the prescribed regulations have been in all respects complied with ; and if the Board are satisfied thai this has been done, then, after the prescribed period — (a.) If no memorial lias been presented, or if every such memorial has been withdrawn, the Board shall, without further inquiry, confirm the order : (/'.) 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 require- ments of this Act have been complied with, and that the order has been duly made, and is within the powers of this Act. Confirmation op Order. — The period for which the order is to lie at the Local Government Board unconfirmed is to be prescribed. During this period the Board will inquire as to whether the pro- visions of this section and the prescribed regulations have been in all respects complied with. If the Board are not satisfied as to this, it may be assumed that they will acquaint the promoters of the order of that fact, and the promoters, if unable to satisfy the Board as to the question, will be obliged,if they desire to persist in their proceedings, to commence them dr imro, or, at least, from the point at which the pro- \ isions of the section or the regulations were infringed. If no memorial hns then been presented the Board arc bound, after the prescribed period has expired — and ••alter'' must be taken to mean '•immediately after" — to confirm the order. At any time during the prescribed period a memorial may lie presented to the Board by " some person interested" praying that the order shall not become law without further inquiry. See last sub-section. The expression, " person interested," would include the owner, lessee, or occupier of the land proposed to be taken, and any other person who has a definite right of property in that land. The memorial should ' mpulsory Acquisition of Land. 63 state the course of the proceedings which had been taken, and thee^ idence Sect. 9. Note. relied upon in support of the prayer of the memorial. If a memorial be presented, it will lie the duty of the board to hold a local inquiry (as to which see note on sab-section (5), ante, p. 60, and sub-section (S). ■infra) ; this inquiry mast, it seems, be held in all cases where a memorial has been presented, even though the provisional order has been made by the Board itself upon appeal from the county council under snb-section (•">). This second inquiry by the same body seems to be an unnecessary proceeding, but the language of the present sub- section and of sub-section (5) seems to leave no option to the Board, for the provisions of this section, including sub-sections (7) (J), now under consideration, are to apply to an order made by the Board under sub-section (5), is "as if the order had been made by the county council." Alter (i.e., "immediately after") such inquiry the board must either confirm the order with or without amendment or dis- allow it. This decision is final. If such confirmation is made, the order, and if amended as so amended, becomes final, and has the effect of an Act of Parliament. Oneecontirmed.it cannot be questioned on the ground that the requirements of this A.ct have not been complied with, or that it is not within the powers ot the Act. The effect of the pro\ isions of this'and the preceding sub-sections is to substitute in the case of land which i- required for the purposes mentioned in this section, for the established procedure by which land is acquired compulsorily for other public or quasi public purposes, viz. : by means of a provisional order, made by the county council or the Local Governmenl Hoard, and confirmed by Act of Parliament, a method which will undoubtedly be cheaper where the opposition to the taking of thi' land i- not active, and which will at the same time give opportunity to persons objecting to the taking of tin' land of putting their objection- before competent tribunals, ami earning their opposition a- far a- i- justifiable for the protection of their interests. S* <-t i< >i i - two hundred and ninety-three to two Sub-secl hundred and ninety^six, and sub-sections (1) and (-1) of ition two hundred and ninetj 3even of the Public Health An. L875, shall applj to a local inquiry held by the Local I 'I toa rd for the purposesof bhis section, if tin. and sub-seci ions were herein re- enacted, and in terms made applicable to such inquiry. INQI ■■-. LOC \i. I ."\ EBNMENT BO \i:t>. The | ion these sections include a power for the Board to make order- a- to the of inquiries instituted by the board, and as to the parties by whom. or the rate- nut oi which, such cosl - shall be borne, bul this is generally understood to refer to the costs incurred by the Board. The sections <■> I The Loi al Government \) and (7) (A) of this section. Provisions as to similar inquiries held on behalf of a county council under sub-section (:'>) of this section are contained in sub-section (12), infra. Sub-sect. (9). (9.) The order shall 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. Execution of order. — The carrying of the order into effect will involve the settlement ami payment of compensation and the execution of such assurances as are necessary to enable possession of the land to lie taken. The district council will act in these matters for themselves ; but where the land is being acquired for a, parish council, though the hind must be assured to them (see sub-section (14)), the county council must act. and their expenses will be payable under suh-scction (l!t). Reference may lure !«■ made in particular to section 7.". and the fol- lowing sectionsof the Lands Clauses Consolidation Act, 1845, which are by Bub-section (10), infra, incorporated in any order made under this ■ tion. These sections contain provisions as to the conveyance t • vesting in the promoter- of the undertaking of the lands taken, upon the deposit by them of the amount of purchase money or compensation in a hank (as provided bj the earlier sections of the Act). An adaptation of these provisions may be made in an order under the present section, the district or county council being considered as the promoter- of the undertaking. Compulsory Acquisition of Land. 65 (10.) Any order made under this section for the Sect. 9. purpqse of the purchase of land otherwise than by agree- s u b_ se ^ (10). ment shall incorporate the Lands Clauses Acts and sec- tions seventy-seven to eighty-five of the Eailways Clauses 8 & 9 Vict. Consolidation Act, 1845, with the necessary adaptations, c * " ' 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 sub-section (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. Lands Clauses Acts.— The Lands Clauses Acts are the 8 Vict, c. 18 (184:.); the 2:\ & 24 Vict, c. 106 (1860); the 32 .v :'.:; Vict. c. 18 (1869); and the 16 ,v 17 Vict. c. 15 (1883). They are set out in Mr. Brooke-Little's " Law of Allotments," pp. 230 — 306, and in " Lumley's Public Health." • ■II- 77 to 85 of the Railways Clauses Consolidation Act, 1845, relate to the rights of owners of min - and minerals lying under in- near a railway. These provisions are to be incorporated in orders made by a count] council or of the Local Government Board under 1 1 1 i — section, "with the necessary adaptations." Ir may be assumed thai these adaptations will provide for the body to whom the land will be assured (under sub-section (1 1)) being substituted for the promoters or the railway company under the incorporated Acts. Compensation. — An important modification in the procedure under the Land- Clauses A ts is, however, introduced by this sub-section. Any question of disputed compensation is to be dealt with as provided by Bection :'. of the Allotments Act, 1887. The proi isionsof thai section as to disputed compensation are incorporated with this section, and n lloWS : — ■:i ( I) — . i An;, qui Btion of disputed compensation shall be referred to the arbitration of a rbitrator appointed by the parties, or if the p in the appoint menl of a sin arbitral on the application of either of them, bj the rnment Board, and the remuneration to !»• paid the arbitrator appointed by the Local < lovernmenl Board shall be fixed by thai 1! "d. ■■{h.) ii an arbitrator appointed for the purposes of the Acl dies or becomes incapable to acl before he has made bis award or fails to make his award within two months after he is appointed bis appointment shall determine, and the determina i 66 The Local Government Act, 1894.' Sect. 9. ''"" oi the compensation shall be referred to another arbitrator — — appointed in like manner as If no arbitrator had been previouslj appointed : Provided always, that the Bame arbitrator may be re-appointed. " (e.) An arbitrator appointed under this section -lull be deemed to be an arbitrator within the meaning of the Lands Clauses Art, is i.">, and die Acts amending the same, and tin- provisions of those Acts with respeel i<' an arbitration shall apply accord- ingly; ami further, the arbitrator, notwithstanding anything in the said Acts, shall determine the amount of the costs, and shall have power to disallow as costs in the arbitration the costs (if any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily." Attention should he directed to the enactment in the text, that the arbitrator is not to make any additional allowance in respect of the purchase being compulsory. If. however, the full value of the property to the owner or occupier is taken into consideration by the arbitrator, it does not appear that the exclusion of the clement of compulsion in fixing the compensation will work hardship. Sub-sect. (11). (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 sball hear witnesses, but shall not, except in such cases as may be prescribed, hear counsel or expert witnesses. Inquiries — Counsel — Expert Witnesses. — This provision applies to inquiries under this section by a county council or the Local Government Board. It does not prohibit parties from appearing- by a solicitor. " Prescribed " bears its usual sense in this Act, viz., "prescribed by order of the Local Government Board." Section 75. Power to hear counsel or expert witnesses would, it is conceived, be prescribed by general order in cases of special difficulty or where the value of the land proposed to be taken is considerable. But there is nothing to prevent the issuing of a special order in any particular c Sub-sect. (12). (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 when 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 Compulsory Acquisition of Land. 67 this section as if the county council were substituted for Sect. 9. the Local Government Board. Inquiries ey County Council. — By the next sub-section. tion 3 of the Allotments Act. 1890, is incorporated wirh this section as to the taking of land, whether for allotments or otherwise, and is to apply with the "prescribed adaptations." That section requires a county council to appoint a standing committee for the purposes of that Act nr the principal Act (the Allotments Act. 1887), and sub- section (1) provides that "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." The person or persons, therefore, holding a public inquiry on behalf of a county council for the purpose of this section will be appointed by the standing committee of the county council. They are to have the powers of inspector^ of the Local Government Board. As to these powers and as to the provisions of section 291 of the Public Health Act, 1875, as to the costs of inquiries, see sub-section (8) and note, p. 01, a (13.) Sub-section (2) of section two, if the land is Sub-sect. (13). taken for allotments, and whether it is or is not so taken, sub-sections (5), (6), (7), and (8) of section three of the Allotments Act, 1887, and section eleven of that Act, 50 & 51 Vict. c 4 si and section three of the Allotments Act, 1890, are in- 53 & ' -4 yj ct _ corporated with this section, and shall with the prescribed c. 65. adaptations, apply accordingly. Application of Allotments Acts. — It seems that the word in this sub-section musl be n required," for, as will be ne of the nts which it incorporate- impose restrictions upon thi of by compulsion of hinds of a certain character. and would have no applical ud already taken. ition (2) of Bection 2 of the Allotments Act, 1887, is 1 follows : — "A -unitary authority shall not undi \ct acquire land for allotments I such price or renl that, in the opinion of the Banitary authority, all expensi ich expenses as are incurred in making roads to be used by the public, incurred by the sanitary authority in acquiring the land and otherwise iii relation to the allot- ment onably b d to be recouped oul of the rei obtained in reaped thereof. •■ For tl ■ of this section, thi renl of i;itc-. ml tithe rentcharge, which a person taking an allotment might reasonably bi 1 to pay, taki r with anothi lord, having regard to the vain. similar land in the neighbourhood, to the extent and situation ol the allot i to the- purposes of the 1 1 68 The Local Government Act, 1894. V SECT, ''. allotment, And to the repairs and othei outgoings payable by the landlord, and to the cos! and risk of collecting the rents of and other- wi-c managing allotments." The clauses of the Allotments Acts other than the above which arc incorporated by the provision in the text arc to apply to the compulsory taking of any land under this section, and references in them to allot- ments must, when they are being applied to the taking of land for purposes other than allotments, be considered as eliminated by the " prescribed adaptation-." Section 3 of the Allotments Act, 1 s s 7 , provides as follows : (.">.) "In construing for the purposes of tins section any section or Acts incorporated with this section, this Act, together with any Acl confirming a provisional order under this section, shall he deemed to be the special Act. and the sanitary authority shall be deemed to be the local authority or the pro- moters of the undertaking, as the case requires, and the word • land" shall have the same meaning as in this Act. (0.) " Where land is purchased by a sanitary authority under this Act otherwise than by agreement, the following provisions shall apply : — (V.) The county authority shall not make a provisional order 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 he required for the purposes of their under- taking. (&.) 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, anil shall so far as is practicable avoid taking an undue or inconvenient quantity of land from any one owner. (7.) •• Tor 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 land to the sanitary authority for the pur- po-es of this Act may, without prejudice to any other power of leasing, lease land to the sanitary authority without any tine or premium for a term not exceeding thirty-five years. (8.) '"The county authority shall not make a provisional order for purchasing any right to coal or metalliferous ore." ■ : Land" in the Allotments Act, 1887. "includes pasture, arable and other land, and any right of way or easement " (section 17), hut a parish council cannot acquire a right of way otherwise than by agreement (post, sub-section (15)), Compulsory Acquisition of Land. 69 Note. Section 11 of the Allotments Act, 1887, relates to the -ale of super- Sect. 9. fluous or unsuitable land, and provides as follows : — (l.)'Where the sanitary authority are of opinion that any land acquired by them in pursuance of this Act or any part thereof is no Longi c needed for the purpose of allotments, or that any other land more suitable for such purpose is available, they •may. with the sanction of the county authority, sell or let h land or part, or exchange the same for other land more suitable for the said purpose, and may pay or receive money for equality of excha (2.) The proceedsof a sale under this section and any money received by the sanitary authoritj on any such exchange as aforesaid by way of equality of exchange, shall be applied in discharg- ing, either by way of a sinking fund or otherwise, the debts and liabilities of the sanitary authority in respect of the land acquired under this Act, or in acquiring, adapting, or improv- ing other land (for allotments) under this Act. and any surplus remaining may be applied for any purpose for which capital money may be applied and which is approved by the Local Government Board ; and the interest thereon (if any) and any money received from the letting of the land may be applied in acquiring other land for allotments, or shall be applied in like manner as receipts from allotments under this Act are applic- able : Provided that any such proceeds, surplus, interest, and money shall, in the case of a rural sanitary district, be credited to or applied for the benefit of the parish for which the land wa- purchased. Sub-section (3) applies to such sales the provisions of sections 128 to ].'!_' of the LamN Clauses Consolidation Act. L845, relating to the right of pre-emption of superfluous lands. A- to the provisions of section •'! of the Allotmi utt- Act, 1890, see note to sub-section (12), ante, p. o'7. (14.) Where the land is acquired otherwise tharj Eor Sub-sect. (1±). allotments, if shall b ed to the parish council ; and any land purchased by a county council for allotments under the Allotments Acts, L887 and 1890, ami this Act, of them, shall bi red to the parish council, eighl of the Allotmer i ii the parish council were I h ■. — it will be n membered thai application- may oade under this section to acquire land either for the purpose ol allotments or tor any ol the purposes for which a parish council arc authorised to acquire land (see ante, sub-sect i (3)). Whei the land i- acquired Eor any purpose other than for allotment- the conveyance will be to tie parish council wh i section :;. 70 The Local Government Act, 1894. SECT. 9. Bub-section (9), created a body corporate, with power to hold land for the purposes of their powers and duties withoul license in mortmain. N,,,/< '- With respect to the acquisition of land for allotments, the district council arc primarily the bodywhose duty it is to make the application ; as lias been pointed out (ante, p. 58) ; they arc the body who, under the Allotments Act, 1887, may petition the county council for a proyisional order putting in force the compulsory provisions of the Lands Clauses Aets. and their powers and duties under the Act of 1887 exist, although the procedure to be adopted in order to put the compulsory ] lowers in force will now be that established by this section. Where, therefore, it is the district council who have initiated the proceedings under this section for the compulsory taking of land for allotments they will he deemed to he the promoters of the undertaking, and the conveyance of the land will be to them. As to the management of allotments, see section 6, sub-section (1), ante, p. 10. Again, under the provisions of the Allotments Act, 1890, a county council may take over the powers and duties of the district council under the Act of 1887, and may acquire land for allotments in the same manner as the district council may acquire it under the Act of 1887 ; the procedure will, of course, be regulated by the present section. Where a county council have acquired land for allotments in this way the land is to be conveyed to the parish council, and thereupon sections 5 to 8 of the Act of 1887 are to apply as if the parish council were the sanitary authority (district council). These sections, which are too long to be set out in the compass of a note, relate to the powers of the district council of improving and adapting land for allotments, to their powers as to the general management of allotments, t3 regulations as to the letting and use of allotments, and to the powers ol the sanitary authority to recover from the allotment tenants the rent and possession of the allotments. Sub-sect. (15). (15.) Nothing in this section shall authorise the parish council to acquire otherwise than by agreement any land for the purpose of any supply of water, or of any right of way. Water Supply and Rights of Way.— The powers of a parish council as to water supply are contained in section 8, sub-section (1) (V). See ante, p. 51. But those powers are not to be exercised so as to interfere with the rights of any corporation or person. Their powers to acquire rights of way are limited to acquisition "by agreement." Section 8, sub-section (1) (//), ante, p. 22. It seems, therefore, that even apart from the provision in the text compulsory powers could not be put in force as to these matters, and that that provision must be regarded as inserted ex aiundanti cauteld. .Moreover, their powers to deal with insanitary ponds, &c, are not to be exercised so as to interfere with any private right. Section 8, sub-section (1) (/). ante, p. 52. Compulsory Acquisition of Land. 71 (16.) In this section the expression "allotments" in- Sect. 9. eludes common pasture where authorised to be acquired s UD _< ;e rt~n6') under the Allotments Act, 1887. Common Pastubjb. — Section 12 of the Allotment-; Act, 1887, pro- vides that ••where it appears to any sanitary authority that as regards . . . any parish in their district, if rural, that land can be acquired for affording common pasture at such price or rent that the expenses may sonably be expected to be recouped out of the charges paid in respect thereof, and that the acquisition of such land is desirable in view of the want- and circumstances of the labouring population, such sanitary authority may submit to the county authority for the county in which the . . . parish i< wholly or partly situate, a scheme for providing such common pasture, and the county authority, if satisfied of the expediency such scheme, may. by order, authorise the sanitary authority to carry it into effect, and upon such order being made this Act shall, with the necessary modifi ;i l'l'L v m like manner as if 'allotments' in this Act included common pasture, and -rent" included a charge for turning out an animal. ■• Provided that the regulations made under this Act may extend to •lie turning out of animal- on the common pasture, to defining the person- entitled to turn them out. the number to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to dating the common pasture." This 'i will, of course, apply subject to the alterations in procedure introduced by the present section. The power to make regulations as to common pasture is in the district council, but they can empower the parish council in their capacity of allotment managers section ■ :tion (I >. ant . p. 10), to make those regulations. • - Act, 1 - ion 6, sub-section (I). . under the Allotments Act, 1890, the Sub-sect. (17). Allotments Act, 1887, applies to the purchase of land council, that Act shall apply us amended m, ;iii)■ by the prescribed regulations. It does not seem that that council will he entitled to appear before the Local Govern- ment Board in support of their own order at a local inquiry held by that Board under sub-section (7) ; they can hardly be said to be " persons interested " within the meaning of section 297, sub-section (2), of the Public Health Act. which sub-section applies to local inquiries by the Board under this section. See sub-section (8). The expenses of a county council incurred under this section are to be defrayed as their expenses of a local inquiry under the Act. As we lave seen (ante, sub-section (12), note), a county council will have power to make orders as to their costs of inquiries under this section : but the reference in the text seems to he to the more general provision of section 72. sub-section (I), post, as to the expenses of a local inquiry by a county council ; that provision, which is not necessarily incon- nt with sub-section (12) of this section, is as follows : — '■ Where a county council hold a local inquiry under I his Actorunder the Local Governmenl 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) -hall he 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 Hiring of Land for Allotments 73 »g -. but, - aforesaid, the expenses of the county council Sect. 9. incurred in the case of inquiries under this Act shall be paid out of the county fund." Note. 10. (1.) The parish council shall have power to hire Sect. 10. land for allotments, and if thev are satisfied that allot- u . . , , , Hiring ot land ments are required, and are unable to hire by agreement for allotments. 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. Hieing Land fob Allotments by Agreement ok Compul- SOBILY. — A district council has power to hire land for allotments under tion 2 of the Allotments Act. 1887, but their powers to acquire land for that purpose, otherwise than by agreement, do not extend to hiring. Under the present section a parish council has power to hire land compulsorily for allotments. The procedure to be followed upon an application by a parish council to hire compulsorily is the same as that which lias been provided by the last preceding section as to compulsory purchase with th ■ modifications." Some very important provisions are, however, contained in the present section as to the period for which the land may he hired ; as to themethod of fixing the rent to be paid by the council, and of compensating owner- and others whoj - taken : as to the management and letting of the allot- ment when the land n acquired; as to the adjustment of the landlord and the council ; as to compensation for deprecia- . and improvement determination oi the council's • : and .i- to the protection of rights to mine- and minerals. The present Bub-section defines the land which maj be hired compul- ly and the period for which it maybe hired ; the laud must be in or irish; bj on (9) il must nol be part of a " small ;" the period must be nol less than fourteen or move than thirty-ir. ; this period may, it i- assumed, be varied by agreement ies. A r< ; tion nnder this sub-section need not be in anj particular ■ I. bnt it i« -i. that it ought to utate that, in the "pinion of 71 The load Government Act, 1894. Sect. 10. the parish council, allotments are required, and thai thej are unable to hire suitable land for the purpose bj agreement on reasonable terms ; it should also indicate sufficiently the land which it is desired to hire impulsorily. A- to the proceedings of the county council after a representation lias been made, and of the Local Government Board upon appeal Erom a refusal of the county council t<> make the order, see section 9, sub- sections (3) and following, and notes thereto. The provision of sub-section (10) of section 9 cannol be deemed to apply to an order for compulsory hiring under the present, section, the incorporation of suchpartof the Lands Clauses Act- as is sufficient being provided for by sub-section (8). infra, while sub-sections (9) and (10) make provisions as to mine- and minerals, which are the suhject- matter of the section of the Railways Clauses Consolidation Act of 1845, referred to in section 9, sub-section (10). and special provisions as to compensation and the powers of the arbitrator are contained in sub- sections (2) to (.".). Sub-sect. (2). (2.) A single arbitrator, who shall be appointed in accordance with the provisions of section three of the Allotments Act, 1887, and to whom the provisions of that section shall apply, shall have power to determine any question — Questions to be determined by Arbitrator. — The provi- sions of section 3 of the Allotments Act, 1887, as to the appointment and powers of an arbitrator, are set out in the note to section 9, sub- section (10), ante, p. 65. Besides his powers under the section referred to an arbitrator in the case of land, as to which an order for compulsory hiring has been made, has power to determine the matter mentioned in this sub-section. (a.) As to the terms and conditions of the hiring ; or TEEMS of Hiring. — Under this provision the arbitrator will have power to fix the rent to be paid by the parish council, in doing which he must have regard to the pro\ isions of sub-sections (:>) and (-1), infra ; he may also decide what special conditions, such as conditions of re- entry, covenants for fencing, draining, and the like, will be proper to be inserted in the lea-e, and may, in fact, settle generally the form of that document. (A.) As to the amount of compensation for severance ; or Compensation for severance. — The arbitrator's powers under this head will arise where a part only of a landlord's property or of a tenant's holding is being hired. In determining a question of compen- sation of this kind the arbitrator must have regard where a landlord's Hiring of Land for Allotments. 75 property is severed to sub-section (3), and where the tenant'- holding is SECT. 10. severed to sub-sections (3) and (4) of this section. The compensation — for severance awarded to a landlord may. it would seem, take the form either of a lump sum or of an increase to the rent to be paid by the parish council ; similar compensation to a tenant is to be as far as p .-ible provided in the manner indicated by sub-section (4), infra. (c.) As to the compensation to any tenant upon the determination of his tenancy ; or Compensation fob Deteemi nation of Tenancy.— The power to award compensation under this head will arise where the whole of a tenant's holding is hired. Under the Agricultural Holdings Act, L883 (46 & 47 Vict. c. 61), a tenanl of a holding to which that Act applies is entitled, on quittin Ming at the determination of the tenancy; to obtain from his landlord as ation for an improvement of the kind mentioned in the Act such sum as fairly represents the value of the improvement to an incoming tenant, and under agreement- between a landlord and his tenant or customs prevailing in different part- of the country a tenant may be entitled, on quitting his holding, to compensa- tion for improvements over and above that to which he is entitled under the provisions of the Act referred to. The definition of ' : deter- mination of tenancy'" given in that Act (section 61). is " the cesser of a contract of tenancy by reason of effluxion of time, or from any other cau>e: : ' it is clear that a determination caused by the taking of the land by a parish council will be within this definition. The liability, therefore, of the landlord to pay compensation to a tenant for his im- provements under the Agricultural Holdings Act will arise upon the land being taken under this section, and a similar liability ma\ a un ements and customs. It appear- that it will be the duty of the arbitrator under clause (r) whom and in what proportion tha nsation is t.. be borne. It would seem unjust that either the landlord or the parish council should bear the whole burden of this compensation, which would often b rable. The liability of the landlord to hi- tenant is immediate, and if he is. as in mo be would be, called upon to b. to tic tenanl . it seems that he ought t" : tped extent in tic same manner a- he would be able to recoup him- self it the holding had fallen into his possession upon the determination ncy. In thai case he would either himself enjoy the benefil of the improvements, or, if he re-let the holding, the rent obtainable ild be increased b ents. II seems, th ■ the justii i the case would be mel b tion of the arbitrator that the parish council should repaj to the landlord acb a proportion oi the sum which he had paid to the tenant a- compensation for bis improvements a- would represenl the value of those im] ten! to an ordinary incoming tenant, tin- terms of who the same a- that obtained by the council ; or. that the rent payable bj the council Bhould 76 The Local Government Act, L894. Siu r. 10. ''<-■ tixeil at mk-1i an annual sum as the landlord, (iii letting the improved holding, might fairly expect to receive. Xotr. (. 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. Matters fob consideration op Abbitbatob. — This provision gives a dear indication of the principle- by whirl) the arbitrator is to be guidedin fixing the rem of the parish council, and the compensation which they are to pay to the owner for severance. It seems clear that evidence will be admissible as to the prospective value of the land, for instance, as to the probability of its becoming suitable during the time of hiring for building or for other purposes which would enhance its value. The depreciation of 'the value of the part retained by a tenant by reason of a severance of his holding is also to be considered ; here again the prospective value to the tenant may. ii is submitted, be con- red by the arbitrator, although the text is not quite so clear upon this point in the case of the tenant. Difficulty of access to the remain- portion of a holding caused by the severance would certainly be a matter for which compensation could and ought to be allowed. As to the method by which the depreciation in value to the tenant of the residue of his holding is to be provided for, see note to the next sub- section. ( V.) Any compensation awarded to a tenant in respect Sub-sect. (4). 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 jsible 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 moil. Method of pboviding Tenant 3Ation for Seveb- ■ i this provision isno donbf to obviate as far as possible the necessity for the payment by a parish council to a tenanl ompensation for the taking of a pari of his holding of a capital sum. The apportioned rem attributable to the pari of the holding which hi is to be reduced, and the apportioned renl of tin- part en by the council is to be increased. Prima facie, ii would Beem that rent payable by the pari-h council to the landlord OUghl l i I" in- 78 The Local Government Act, 1891. \ gj«( r. 10. creased by the amount of the reduction made in the apportioned rent of the pari retained by the tenant, so thai the total rent which the land- lord would receive Erom the council and the original tenani together would be equivalent to the rent which he received from the tenani of the entire holding before the hiring by the council. Bui in fixing the rent payable by the council and by the tenani it would seem thai it will be competent for the arbitrator to consider any depreciation in the value of the holding, and any improvements made upon il Bince the commencement of the tenancy, and to decide whal is a fair rent Eor each part under existing circumstances, and that the amount of the original rent of the entire holding need not be taken by him as an unalterable quantity. It max not be possible in all cases to provide Eor the compensation to the tenant for severance in the manner indicated in the text, and it will be noticed that it is to be provided Eor in thai way " as far as pos- sible" only. Where it is not possible to provide for it in thai way. the arbitrator must award a sum of cash to the tenant as compensation Eor severance. Where such a course seems best to meet the justice of the case a combination of the two methods may be adopted. The words " if any" in the last line but one of this sub-section are noticeable. They would appear to imply that there maybe cases in which no rent at all would be payable by the tenant for the portion of his holding which he retains ; such a case, il is submitted, could only arise where the value of the part retained was too small to be considered. Sub-seet. (:>). (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. Preservation of Arbitrator's Award and Report. — The object of this sub-section is to preserve such evidence of the condition of the land at the time it is taken by the council as will enable an arbitrator to direct (under sub-seetion (7) ) questions as to compensation for improvements and for depreciation upon the deter- mination of the tenancy of the council. A- to the custody and preservation of the public books, writings, and papers of the parish, - on 17. sub-sections (s) and ('.»). post. (6.) Save as hereinafter mentioned, sections five to eight of the Allotments Act, 1887, shall apply to any allotment Hiring of Land for Allotment*. 79 hired by a parish council in like manner as if that Sect. 10. council were the sanitary authority and also the allotment managers : Provided that the parish council — (a.) May let to one person an allotment or allot- ments 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 (b.) May permit to be erected on the allotment any stable, cowhouse, or barn ; and (c.) Shall not break up, or permit to be broken up, any permanent pasture, without the assent in writing of the landlord. Lettixg and Management of Allotments. — The purport of these sections of the Allotments Act, 1887 (which relate to the general management of allotments) is stated in the note to section 9, sub- >n (14). The words " allotment hired " must be read as i; land hired for allot- ment The modification- introduced into those provisions by the present -ection where land is hired by a parish council for allotments under this section are the following : — («.) Acreage. — Under the Allotments Act. 1887 (section 7. sub- tion (3)), one person may not hold any allotment or allotments exceeding one acre. Under the clause in the text the acreage which may be let to oi u is unlimited if the hiring i- effected by voluntary agreement : if the hiring i- compulsory, four acres of pasture or one of arable and three of pasture may be lei to one person. The-,- provisions ought t" be borne in mind by a parish council in estimating the quantity and iln> character of the land which they require for allot- ment-. i //.) Erection of Buildings— Compensation for Improvements. — Under the Act <>r 1887 (section 7. Bub-section (6)), ao building other than a toolhouse, shed, greenhouse, fowlhonse, or | be erected npon an allotment ; these buildin ■. in- erected by tie- tenant without any permission from the Banitary authority ; tic present provision empowers the parish council to permit an allotment truant to erect buildin oi ,l character, \i/.. -t. and I • I with tin- permission of the in the Bubjed of a ela in a-aili-t the eonneil BO The Local Government Act, 1894. Sect 10 ''- v ''"' ;l " utn,out tenant, on the determination of bia tenancy, For compensation under the Agricultural Holdings Act. The '"«'• buildings authorised to be erected under section 7 of the Ad of 1887 cannot be so claimed for, Imt the tenant may remove them before the expiration of his tenancy. It may here be mentioned that an allotment tenant will be able to claim from the parish council compensation I'm- oilier improvements of the kind specified in the Agricultural Holdings Act, 1883, and if his allotment comes within the description of an allotment given in the Allotments and Cottage Gardens Compensation for Crops Act, L887 (50 & 51 Vict. c. 26.)— thai is, if it docs nol exceed two acres and is cultivated as a garden or as a farm, or partly as a garden and partly as a farm — he may be able to claim compensation under thai Act (section 5) for labour and manure expended or applied since the taking of the last crop, in anticipation of a future crop ; for crops including fruit ; and for growing fruit trees and bushes planted with the written consenl of the landlord. Fruit trees and bushes not so planted may be removed by an allotment tenant before the expiration of his tenancy. Allotments Act, 1887, section 7, sub-section (G). Compensation due to the allotment tenant as an outgoing tenant may be determined in the manner directed by the Act under which it is claimed. If the tenancy is determined by the parish council under section 8 of the Allotments Act, 1887, and the present sub-section, the compensation must be asse^ed by an arbitrator appointed by the parish council, or if the tenant so elect either by an arbitrator appointed under the Allotments and Cottage Gardens Compensation for Crops Act, L887, or by a reference under the Agricultural Holdings Act, 1883. Allotments Act, 1887, section 8, sub-section (2). (c) Breaking up Pasture. — The meaning of ••permanent pasture" will be understood in rural parishes, but the expression does not appear capable of precise definition. Sub-sect. (7). (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 , r . in accordance with the provisions of the Agricultural c.61. ' l Holdings (England) Act, 1883. Rights of Parish Council and Landlord on Determina- tion of Tenancy. — This sub-section deals with the adjustment of the Hiring of Land for Allotments. 81 rights of a landlord and a parish council, as his tenant, at the end of a SECT. 10. tenancy by the council of laud hired compulsorily. The tribunal is an arbitrator appointed according to the provisions of section 3 of the " ' Allotments Act, l- s 7 ; he is to assess the amount of compensation due to the council for improvements in accordance with the Agricultural Holdings Act, 1883. See that Act. generally, and in particular sections 3 to C. No rule i- laid down as to the manner of assessing the amount due to the landlord tor depreciation. It would seem that the duty of the arbitrator will lie to assess the compensation (if any) due under the Agricultural Boldings Act. and the depreciation (if any) in the then value of the laud as compared with it- value as settled by the report of the arbitrator made at the time it was taken (and preserved under sub- jection (.">) ). and to -et the one sum off against the other, and to award the difference to the successful party. (8.) The order for compulsory hiring may apply, with Sub-sect. (8). prescribed adaptations, 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 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. Application of Lands Clauses Acts.— This provision does not make necessary the incorporation of the whole of the Lands Clauses Acta into an order for compulsory hiring, in this respect differing from sab-section (in) of section '•». which relates t.. compulsory purchase. Dnder this sab-section, provision may be made tor hiring land of persons under disability. The order may he made by the county council under sub-section (4), or by the Local Governmenl Board under sub- set ti"ii (■"') of section '■'. (9.) Nothing in this section shall authorise the com- Sub-sect. (9). pulsory hiring of any minus or minerals, or confer any bake, 3ell, or carry away any gravel, sand, or .-, or authorise the hiring of any land which is already owned or occupied as a small holding within the meaning of theSmall Bolding Act, 1892. 66&5GVict WG OF Minerals kxm "Small HOLDINGS."— This provision does ,,..t prohibit the compulsory hiring of land which has minerals under it. Provision is made by the next sub-section for enabling the owner of mineral- to resume possession of the land where that is required lor the working of the minerals ; but, notwithstanding that provision, the amorari of compensation which would '"■ payable would, S2 The Local Government Act, 1894. Sect. 10. probably be a deterrenl to the compulsory hiring by a parish council of land under which minerals were known to lie, A "small holding" within the meaning of the Small Holdings Art. 1892, is land acquired by a county council under the powers and for the purposes of that Art. ami which "exceeds one acre, ami either dues not exceed fifty acres, or, if exceeding fifty acres, is of an annual value for the purposes of the income tax not exceeding fifty pounds." Small properties not coming within the protection of this sub-section may be taken compulsorily ; hut having regard to the provisions of the Allot- ments Act, 1887, section 3, sub-section ((>) (b) (as to which, see note to section 9, sub-section (II?). ante, p. -ecti. >n i >ught v > state the object for which it is desired to borrow, and that the consent of the parish meeting has been obtained, and should -how that if the loan is sanctioned the parish council will still be able to keep within the authorised limit of expenditure ; for this purpose, it is suggested, the application should show the amount (if any) of out- standing loans of the parish council. (3.) The sum raised in any local financial year by a Sub-sect. (3). parish 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. •■ Local financial year" mean- the twelve months ending the 31st of Manb. See section 58, post. 1\ATE UNDER ADOPTIVE ACTS. — Expenses incurred under any of the adoptive Acts will be defrayed by mean- of a rate levied in the manner provided by the particular Act (section 7, sub-section (<'>). ante, p. 17) ; where the parish council is the authority acting in the execu- tion of Bach Act the rate for those expenses may, a- tar a- possible, be collected with the ran for the expenses of tin- parish council, but in -it'll a manner a- to keep the purposes of each rate distinct. Sub-section (■"')■ P A- to the estimate <-i a parish council's expenses, see note on -ub- tion f 1). ante, p. 84. "Rateable value" is explained in section t:>. sub-section (2), to mean "the rateable value stated in the valuation li-t in force, or if there i- no guch li-t in the last poor rate' A- to the valuation list, see note on section *'•. sub-section (I) (<■) (i). ante, \>. 83. A- to the repaymi of loan- bj an annual charge of principal, or of princi] aterest, section l-'. sub-section (1). and the Public Bealth A.ct, L875, se< tion l':;i. sub-section | Subjecl bo the provisions of this Act, the expenses Sub-sect. (4). uncil and of a p aeeting, including the ex] of any prill, shall '"• paid out of the porn and where there i- ;i pari i I thai council shall pay the said expenses of the parish meeting of the parish: 66 The Local Government Act, L894. Sect. 11. and the parish council, and where there is no parish council the chairman of the parish meeting, shall, for the purpose of obtaining payment of such expenses, have the same powers as a board of guardians have for the pur- pose of obtaining contributions to their common fund. Payment or Expenses of Pabish Council. — The words " sub- ject M the provisions of this Act." seem to be introduced to prevent an] doubt as to the incidence of a rate made to defray expenses under any of the adoptive Acts ; these expenses arc expenses of the parish council when that body is the executive authority for the purposes of any such Act which has been adopted in their parish (see section 7, sub-section (1). and note "Adoptive Acts") ; but the incidence of the rate made to cover those expenses is to be governed by the provisions of the par- ticular Act under which arc they incurred, and they arc not to be reckoned as part of t he expense- of the council for the purpose of calculating the council's expenditure under this section. The payment of the expenses of a parish meeting were, it will be remembered, left by section 2, sub-section (0). to be dealt with by this section. It may be noticed that the words of the earlier section do not exactly correspond with those of the text; they are "the reasonable expenses of and incidental to the holding of a parish meeting, or the taking of a poll consequent thereon." It >hould be noticed that in calculating the maximum expenditure of the parish council, the expenses of the parish meeting will have to lie taken into account. It is not expressly provided that such expenses are to be deemed expenses of the parish council, but the council have to pay them, and there is nothing in the Act from which it can lie inferred that the expenses of the parish meeting are to be an addition to those which the parish council may themselves incur. This may be an impor- tant matter, for the expenses of a parish meeting may amount to a considerable -itni. especially if polls have been freely demanded. The chairman of the parish meeting in a >mall parish which ha- no council is, it will be remembered, an officer elected for the year, not merely a person chosen to preside at a particular meeting. See section 2, sub-section (4). note " Chairman of Parish .Meeting." In such a parish the chairman of the meeting, and in a parish where there is a council, that council are authorised (and bound) to take the necessary steps I'nr obtaining the contributions of the ratepayers to meet the expenses mentioned in this sub-section. A mandamus will, it is sub- mitted, lie in case <<( a refusal by -neb chairman or council to act under the power- "f tlii- -cction. It will be remembered that expenses incurred by the it-e of the rooms mentioned in section 1 for certain purposes are made part of the expenses of a parish meeting or council. Powers to obtain Payment of Expenses. — The powers which the board of guardians have for the purpose of obtaining contributions to their common fund depend upon 4 4c 5 Will. 4, c. 76, which reepvxires Expenditure of Parish Council. 87 the overseers to pay to the guardians from time to time such sums as the Sect. 11. guardians may require, and any such proportion as the guardians may direct. The Consolidated Order of the 26th February, 1866, regulates Note ' the procedure with respect to the contribution orders of guardians. The clerk of the guardians before the end of each half-year estimates the probable amount of expenses during the next ensuing half-year, and apportions the amount among the several parishes in the union accord- ing to the rateable value of each, and the guardians make orders on the overseers at the commencement of each half-year, and from time to time as occasion may arise for the payment of all such sums as may be required by the guardians as the contribution of the parish to the common fund, and in such orders the contributions are directed to be paid in one sum, or by instalments, on days specified in the orders, as to the guardian- may seem fit. The mode of euforcing payment by the overseers is provided for by various statutes. See 2 & 3 Vict. c. 84, B. 1 ; 7 i: 8 Vict. c. 101, s. 63 ; 12 & 13 Vict, c. 103, s. 7 ; and 14 & 15 Vict. c. 105, -. 9. For further information on this subject reference may be made to the Order of the 26th February, 1866, already men- tioned, and the notes thereto in the " Foor Law General Orders," by Macmorrau and Lushington, p. 347. The effect of the sub-sectiou under consideration appears to be practically that the parish council will obtain the moneys required by them from the overseers upon orders made from time to time as the money is required. The over- seers will pay such sums out of the poor rates in their hands, and, if necessary, must make a rate for the purpose of meeting such orders. (5.) The demand note for any rate levied for defraying Sub-sect. (5). 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. I IniMAM) Note.— The object of this provision is to enable ratepayers to distinguish the objects for which the rate which they are called upon being levied ; the demand note is to show how much is demanded for purposes for which the poor rate is now made, how much for the general expenses of the parish council or meeting, and how much for the purposes of any adoptive Act. This will involve a jh< addition to the preseni form erf demand note, but the precise form ribed by the Local Government Board. 12. (1.) A parish council for any of the following pur- Sect. 12. poses, that is to say- Boring by (a.) for purchasing any land, or building any buildings, parish council, which the council are authorised to purchase or build ; and c. 55. 3^3 The Local Government Act, 1894. Sect. 12. (b.) for any purpose for which the council are autho- — rised 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 costs of which ought, in the opinion of the county council and the Local Government Board, to be 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 execu- tion 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 38 & 39 Vict, the Public Health Act, 1875, shall apply accordingly, except that the money shall 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 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. A parish council are not a local authority within the meaning of the Local Loans Acts, 1875, as they have no power to levy a rate. It appears, therefore, that the manner of raising loans by a parish council will be that prescribed by the Public Health Act, 1875, i.e., by mortgage of the rates. Borrowing Powers of Parish Council.— As to the powers of the parish council with reference to the purchasing of land and the erection of buildings see sections 4, sub-section (1), 6, sub-section (1) (c) (ii.), and 8, sub-section (1) O) (&), ami notes. The adoptive Acts are those referred to in section 7, and under most of them power is given to the authority charged with the execution of the Act to borrow money ; thus, under the Baths and Washhouses Act, 1846 (9 & 10 Vict. c. 74), ss. 21 — 23, the commissioners who are charged with the execu- tion of the Act in a parish may borrow, with the sanction of the vestry. on the security of the poor rates. In like manner burial boards may borrow, with the sanction of the vestry, under 15 & 16 Vict. c. 85, ss. 20, 21 ; 17 & 18 Vict. c. 87, ss. 4, 5 ; 18 & 19 Viet. c. 128, s. 6 ; 20 & 21 Vict. e. 81, ss. 18—21 ; and, by the Public Libraries Act, 1892, s. 19, the library authority in a parish, with the consent of the Local Government Board and of the vestry of the parish, may borrow money Borrowing by Parish Council. 89 x • . for the purposes of that Act. The parish council may also burrow for Sect. 12. the purpose of any permanent work which they are authorised to do (for example, under section 8). if the county council and the Local Govern- ment Hoard consider that the cost of snch work ought to be spread over a term of years. The double check imposed by the text will, it is pre- sumed, be a sufficient safeguard against imprudent or extravagant borrowing. The incorporated provisions of the Public Health Act, 1875, are too long to be set out in the compass of a note. Under those provisions, as modified by the text, the money will be borrowed on the credit of the poor rate. The sum borrowed must not at anytime exceed with the balance of outstanding loans in the whole one half of the assessable value of the premises assessable in the parish. Sub-seetion (3) of Bection 234 will have no application to loans by parish councils under this section : it provide- that if the loan would exceed the asses-able value for one year, the Local Government Board may not give their -auction without holding a local inquiry, and loans under ilii- section are limited to one half the assessable value. The Local Government Board will fix the number of year-, not exceeding sixty, within which the loan must be repaid, and the repayment must be by equal annual instalments of principal, or of principal and interest, or by means of a sinking fund. The mortgagee oi the rates will be in the form prescribed by the Public Health Act. A of them must be kept; theymust 1» transferred in the prescribed way ; and in the event of non-payment o| anyprincipal money and interest lor six months, under any mortgage, application may lie made to the court for the appointment of a receiver to receive the rate-, and make payment of the sums due to the mortgagees. Money can only be borrowed under this ami the incorporated sections if it i- •• necessary for defraying " the expenses of carrying out any of the purposes mentioned in tin- section. See Public Health Act, 187.">, -. 233. Intending mortgagees must, therefore, satisfy themselves that the amount proposed to be borrowedis necessary for defraying those expenses ; any balance of the sum borrowed, which was not necessary for defraying those expenses, would, it i- submitted, be borrowed ultra vires and would not be covered by the en iven to the mortg The language used in the Municipal Corporations Act, 1882,8. 106 mowing by a borough council, may be compared with the lanf the Public Health Act in this respect ; there the council are authorised to borrow lor the purposes mentioned such sui a- they from time to time " think requisite ; this obviates the necessity an inquiry by the lender- as to whether the sum borrowed i- net ■ or not. (2.) A county council mi i to B parish council any Subject. (2), mey which the parish council are authorised to borrow and may, if necessary, without the --auction of the Local 90 The Local Government Aet, 1894. Sect. 12. 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. Loans by County to Pabish Council. — This provision enables a county council to lend to a parish council any money which the latter are authorised to borrow. The county council may themselves raise the money for this purpose by a loan made without the sanction of the Local Government Board, and without regard to the limit now imposed upon them by law with reference to the sums which they can borrow for their own purposes, but this power will be subject to such conditions as the Local Government Board may. by general or special order. impose. The borrowing powers of a county council are, for the most part, exercisable only with the consent of the Local Government Board. See Local Government Act. is**, -cction (>9. Sub-sect. (3). (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 appli- cable to the purposes of that Act. Bobeowing FOB PUEPOSES OF adoptive Acts.— For the pur- pi >-es*of the adoptive Act-, money w only to be borrowed in accordance with this Act. that is to say, with the consent of the county council and of the Local Government Board, subject to the conditions laid down in the incorporated provisions of the Public Health Act, 1875. The loan is " ultimately " to be borne by the rate applicable to the purposes of the particular adoptive Act. although the charge given to the lenders may be upon the poor rate and the revenues of the parish council generally. As we have seen, the rates applicable to the purposes of the different adoptive Acts arc not always similar ; thus, under the Lighting and Watching Act and under the Public Improvement Act, the rates made for the purposes of these Acts are not levied equally upon all kinds of property, a greater proportion being levied upon houses and buildings than on lands ; therefore, it money is borrowed for the purposes of either of these Acts, the rate upon which the charge must ultimately fall will be the lighting rate or the improvement rate, as the case may be. It the original charge ha- been upon other revenues of the parish council those revenues must be indemnified out of the particular rate for the purposes of the adoptive Art, Stopping up Highways. 91 13. (1.) The consent of the parish council and of the Sect. 13. district council shall be required for th e stoppi ng, in F ootp 7th s whole or in part, or diversion, of a public right of way and roads, within a rural parish, and the consent of the parish council shall be required for a declaration that a highway in a rural parish is unnecessary for public use and not repairable at the public expense, and the parish council shall give public notice of 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 (b.) if a parish meeting held before the confirmation resolve that the consent ought not to be given. stopping up HIGHWAYS. — In considering this section and the notes thereto it should be borne in mind that the word "highways" in the Highway Acts is to be understood to mean " all mad-, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, foot- ways, causeway*, churchways, and pavements.'' Highway Act, 1835, s. 5. Under the Highway Act, 1835 (5 & 6 Will. 1, c 50). ss. 84 to 92, it the vestry of a parish (i.< .. a meeting of the inhabitants who are liable to contribute to the expenses of repairing the highway in question : Wright v. Overset n of Front, 32 L. J.M. C. 204) deems it expedient that a highway shonld be stopped up or diverted, the chairman of the i direct the surveyor of highways to apply to two justices to view the same; and -any other party" who desires to stop up or divert a highway may require the surveyor to give notice to the churchwardens to call a vestry meeting and submit to them the wish of Muh person: if they do no! i(| 'I 11 ' proposal there is an end of the matter j if they do agree the surveyor is to apply to the justl to view, If upon Buch view it appears to the justices thai the way may lie diverted with advantage, oris unnecessary, they must direct the surveyor to fix notices at the place and by the side of each end ol tie- highway from whence it is proposed i" be diverted or stopped ap, and rtise tin same notice ion local newspaper for four Bucceasivi weeks, and to ii\ the like notice upon the church doors parish in which the nighwaj lies Eor Eour successive Sundays. A- io what notici ifficient, s . Justices of Surrey, L. K. | B. 166; /.'-/.../ tices of Surrey (1892). I Q.B.867; CI L. J. M. ('. 153; '■■''. I.. T. 578 ; W W. R " J. 1'. 695. I p., n proof that all the requirements of the Ad nave been complied with the justices granl their certificati their reasons for thinking that the highway -hould be diverted or la unnecessary, and 92 The Local Government Act, 1894. Note. Sect. 13. tbal certificate is enrolled al a quarter sessions. As to the matters to be -i a it'll in the justices' certificate, see Reg. v. Wnl/i/n; i Q, B. D. 641. Am person thinking himself aggrieved by the proposed diversion or stopping of the highway may appeal bo the quarter sessions by giving to the surveyor fourteen days' notice in writing of such appeal (ib. s. 88, and L2i& L3 Vict. c. 15 : see Beg r. Maule, 11 L. J. M. C. 47) ; and upon such appeal a jury at the sessions will determine the questions whether the proposed diversion will be more commodious or whether the highway is unnecessary, and whether the appellant would be aggrieved by the diversion or slopping up, and if the appeal is upon the ground of defects in the certificate of the justices, the court will decide as to its sufficiency. Iicy. v. Justice* of Worcestershire, 23 L. J. M. C. 113. Ii' there is no appeal, or if the appeal fails, the court of quarter sessions will make an order for the diversion or stopping up of the way. It' the appeal succeeds no sueh order will he made. Declaration that Highway is Unnecessary.— The proceed- ings relating to a declaration that a highway is unnecessary for public use and not repairable at the public expense will be found in the Highway Act, 1864 (27 & 28 Vict. c. 101). s. 21, and in the Highways and Loco- motives Ameudment Act, 1878 (41 & 42 Vict. c. 77), s. 21. Under the former enactment such proceedings can only be taken by a highway board (i.e., a board forming the highway authority for a highway district established by an order of quarter sessions under the Highway Act, 1 8f»2 (2.") & 2U Vict. c. «'>1)). The proceedings ai*e commenced by a direction by the board to the district surveyor to apply to two justices to view the highway, and thereupon the proceedings are to go on in like manner as proceedings under the Highway Act, 1835, for the Stopping up or diversion of a highway with the necessary variations. Under the Act of 1878 the proceedings can be taken by any authority liable to keep the highway in question in repair, and differ from those which may be taken under the Act of 1864. The highway authority may make an application to the court of summary juris- diction of the petty sessional division in which any parish in which the highway lies is situate that two justices of the court shall view the highway. If on such view the court is of opinion that the application should be proceeded with, they must appoint a time and place for bearing objections to the application, such appointment to be made by a month's public notice, and also by a month's notice to the owners and occupiers of all lands abutting upon the highway in question. The applicant authority mu bound under the Act of 1835 to act niton the request of the vestry. Where proceedings for the stopping up or diversion ol a highway are initiated, not by a parish council, but by an individual (in the words of the Act of 1835, s. 84, "by any other party "), it would seem that as he wa- under the Act of 1835 to begin the proceedings by a requisition to the surveyor, so where that orlieer has been superseded by the district council, he must apply to that council. Upon such an application the district council will, if they consent to the proposal themselves, require a meeting of the parish council (as successors to the vestry) to be convened to consider the matter ; if cither the district or the parish council refuse their consent the matter will drop ; if both bodies give their consent then the resolution of the parish council will, as before, need continuation, and may be rendered inoperative by a resolution of the parish meeting. If the resolution be confirmed, the district council may be called upon to apply to the justices and the proceedings will go on as if they had been commenced by the parish council. Where the district council has not become the highway authority, an individual applicant will, it appears, be able to require the existing surveyor to apply, presumably by serving a notice on the clerk of the parish council (Schedule I.. Part 2, rule (15)), to the chairman of the parish council to convene a meeting, and the council may thereupon either reject the proposal or assent to it and proceed as if the proceedings had been taken upon their own initiation. Proceedings for a declaration that a highway is unnecessary and not repairable at the public expense will be initiated by a district council which has become the highway authority under section 25 ; but, apparently, they must first obtain the consent of the parish council of any parish in which the highway lies, and that consent will require confirmation at a subsequent meeting of the parish council and will be liable to be reversed by the parish meeting in the same way as a consent to a stopping up or diversion. The consent of the parish council under this section is a condition precedent to the making of the declaration and it is submitted that no application to view would be granted by justices unless that condition, the absence of which would render all subsequent proceeding futile, had Ptcj w ir of Footpa ths . 95 been fulfilled. It may be that a consent given at a later stage of the Sect. 13. proceedings would lie sufficient to give jurisdiction to the court making the order, hut it would not be advisable to incur the cost of am proceedings unle-s the obtaining of the necessary consent were first a -Mired. Where the district council has not become the highway anthority, the existing authority may still proceed under the Acts of 18G4 if it be a highway board, or under the Act of 1878, whether it be a board or any other authority liable to keep the road in question in repair ; but in each case it will be necessary, or at least advisable, to obtain the consent of the district council and <>i any parish council affected before taking any step in the matter. In small parishes not having a separate parish council (but subject to the provision made by a grouping order), the provisions of this sab-section are to apply with the substitution of the parish meeting for the parish council. Section 19. sub-section (8), infra. The consent, therefore, of the parish meeting will be required where that of the council is required under this clause : and that consent may be revoked at a subsequent meeting and will, it appears, be inoperative unless confirmed by a parish meeting held at an interval of two months from the former one. Notices, fee., required to be given to a parish meeting will be given to the chairman. Schedule I., Tart 1. rule (11). (2.) A parish council may, subject to the provisions of Sub-sect. (2.) this Act with respect to restrictions on expenditure, undertake the repair and maintenance of all or any of the public footpaths within their parish, not being foot- paths 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. Rkpaib of I'm.itiwi ii-. — Public footpath- are, of course, under the . ontrol of the highway authority of the place in which they are situate. That authority (which will, where the provisions of section 25 a- to way- hai i, be the district council) is to remain liable for the repair and maintenance of the class of footpaths men- tioned in the text, even where a parish council ha- undertaken to repair ;ind maintain them. Footpaths al the ; public road are excepted from the power here given to a parish council, ami that body is reminded thai this power— as, indeed, all it- other powers— must be ciaed subject to the provisions oi tin- A . sub-section (2), to the parish council. The present sub-section will operate in cases where trustees other than the churchwardens and overseers hold property for the purposes therein mentioned. Such trustees exist under the numerous Inelosure and Allotments Acts, the more important of which are mentioned in the note to section 6, ante ; and the word "trustees" in the present clause will include •allotment trustees" within the meaning of the Poor Allotments Acts. 187:5 (36 Vict. e. 19). Section 1 of that Act provides that •• In this Act ' local Act of Inelosure ' shall mean any Act for the inelosure of land passed before the Act of the eighth and ninth years of the reign of Her present Majesty, chapter one hundred and eighteen and ' allotment trustees' shall mean any allot- ment warden-, trustees, or other functionaries appointed for or lawfully acting in the holding or managing lands intended for or being allot- ment- under any local Act of [nclosure for the benefit of the poor or for field garden- or recreation grounds, or for any public purpose." Property held tor an ecclesiastical charity is excepted from the present provision. The trustee- of the kinds of property mentioned in the text ma y — the enactment is permissive only — transfer this property to the parish council of the parish for the benefit of which the property is held or to their appointees. The property will pass, subject to all the trusts affecting it. and the parish council, or their appointees, will hold it on the same conditions as those on which the trustees held it, and Trustee* of Charities. •'< Kute. X the approval of the Charity Commissioners must be obtained before Sect. 14. the transfer can be effected. The Charity Commissioners were incor> poratea by the Charitable Trusts Act, 1853 (16 & '" Vict. c. 137 J, and their constitution and powers of inquiring into the objects and management of charities, and forming schemes therefor, and dealing with charitable property and the trustees thereof, will be found in that Act and in the Acts amending the same, viz., the Acts of 1855 (is & in Vict. c. 124), 1860(23 & 24 Vict. c. L36), 1862(25 & 26 t. c. 112), 1869 (32 & 33 Vict. c. 110), 1887 (50 &51 Vict. c. 49), and 1891 (5-1 Vict. c. 17). all of which Acts may be cited collectively as the Charitable Trusts Art-. 1853 to 1891. (2.) Where overseers of a rural parish as such are, s u b-sect. (2). cither 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 ovi 3, as the council may appoint, shall he 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 PS. Appointment ky Parish Council of Trustees in place iir Oveeseeb Trustees.— As to the time wheu this sub-section will into operation in different cases, see sub-section (8), pOflt. The expression "parochial charity" is denned by section 7.") to menu "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 an ient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes." •• Ecclesiastical charity " is also defined by section 7.">. Tin' effect 'd this Bub-section is to enable a parish council to sub- stitute their appointees for the overseers where the latter are, in their capacity of o 3, trustees of any parochial charity, whether ii be an ecclesiastical charity or not, and also for the churchwardens, where they arc by virt E their offic •. trust es of a parochial charity which i- not mii ecclesiastical charity. This power may be exercised whether the overt churchw are the onlj trustees of the charity or whether they are trustees jointly with other persons; but the number* o appointed b} the council is not to exceed the numbci of the - "i ■ burcb wardens w ho are supers ded by the appointment. ,,ii- app int( d may i><- parish councillors on other persons. The ! interest in the property of the charity, and the holding and management oi that property have already been transfem i • parish council by sections •*• and 6, antt . pp. 26, 30. The present clause relates to ition of the trusts of the charity. n 98 The I ' e '■' ict, L89 1 , ,i i | [t does ool appear thai a parish council will be bound to appoint — trustees under ih'i- provision. ''''• The |">« era of a parish c inncil under this sub-section will be exercise- able by the parish meeting of a parish which bas no separate parish council. Section 19, sub-section (•">). post. Sub-sed ,;} ) Where the governing body of a parochial chai other than an ecclesiastical charity docs 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 Commis- sioners 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 sub-section shall prejudicially affect the power or authority of the Charity Commis- sioners, under any of the Acts relating to charities, to settle or alter schemes for the better administration of any charity. Appointment by Parish Council of Additional Trustees of Parochial Charities. — The coming into operation of this sub- section also is postponed in different cases. Sec sub-section (8), post. The object of this clause is to secure that every parish interested shall be to some extent represented upon the governing body of any paro- chial charity. In many cases such representation exists already under the terms of the instrument creating the charitable trust, or under a scheme established by the Charity Commissioners. The powers of that board to settle schemes for the application and management of charities are stated in the Charitable Trusts Acts referred to in the note on sub-section (1), ante, p. '.'7. and in particular in sections ~>\ to 60 of the Act of 1853. It' the governing bodj of a charity includes any persons elected by the ratepayers or parochial electors or inhabitants of the parish, or appointed by the parish council or meeting, the power given by this sub-section to the parish council of appointing additional members of the governing body will no1 arise. Of course, no trust or scheme giving a power of appointing members of the governing body to a parish council or meeting can have been framed before the passing of this Act under which those bodies come into existence for the tirst time. But where a trust or scheme empowers a vestry to appoint such trustees that power will he transferred by virtue of section Trustees of Charities. 91) 6, sab-section (1) (a), or sab-section (4) of the present section to the Sect. 14. parish council upon it- coming into office, and by virtue of section 19, 7T~ sab-section ( 1 ), post, to the parish meeting in a parish having no separate parish council. Where ao sach provision exists for the representation of the parish upon the governing body by persons either elected directly or appointed by elective bodies the parish council has power not to displace the existing trustees, but to appoint additional trustees, the number to be fixed by the Charity Commissioners, to whom the council must apply before making the appointment. It will rest with the Commissioners to decide what proportion the uumberof additional trustees so appointed is to bear to the number of the trustees holding office by virtue of the instrument or scheme by which the charity is regulated. Where the management of the charity is vested in a sole trustee, a clear provision is made l>\ the text as to the powers of the parish council exercisable with the approval of the Charity Commissioners. The provisions of this Act are not quite (dear as to the powers of a parish meeting under this clause. The powers which it confers upon a parish council are nor conferred by section 19 upon the parish meeting of a parish where no council exists as an- the powers of the last pre- ceding section as to superseding the overseer and churchwarden trustees. The clause now under consideration is silent as to the exercise by a parish meeting of the- power of appointing additional trustees except in the case where one trustee may be appointed to act with an original sole trustee and his nominee, and the mention of a parish meeting in this paragraph is not coupled with any words con- lining the exercise of the power which it appear- to gi ve to parishes where there is no separate parish council. But, as it cannot be supposed that it i- intruded to give concurrent powers of appointment to two separate bodies who would not always be in agreement, the better view -rem- t., be that this power of appointing an additional trustee where there i- only one original trustee is given exclusively to the parish council where it exists, and in the -mall parishes to the parish meeting. There -'-em-, boweyer, to be qo reason why the powered' appointing trustees should be given to the parish meetings in -mall parishes in cases where there i- only one existing trustee and withheld where there are more ; and this strange result may probablj be ascribed to an oversight on the part of the lYamer- of the Act. : oi tin' final iph bci ms to be t., enable the Charity Commissioners absolutely to control the operation id' thi- clause. Their powers under the Charitable Trusts Act- (referred to above) to settle or alter schemes lor the Letter administration "t charities are not to bi' prejudiced by C provisions. It would -rem. therefore, that in spite of those provisions it would be c pet cut for the Commis- sion! ttle a scheme for the administration oi a parochial charity without providing for any of the tin -ted by the parochial electors or inhabitants, oi appointed by the parish ncil or meeting, and to bring their scheme into force in spite of any a 2 00 The Local Government Act, L894. \ Sect. 1 I. opposition t" it made ii\ the parish council or meeting under powers given in them in thai respeel by sub-section (.">). It is, perhaps, improbable that the Commissioners would seek to practically annul the powers nf a parish council under this sub-section; bul if any such difficulty should arise, it seems thai the authority of the Commissioners will prevail, Sub-sect. (4). (4.) Where the vestry of a rural parish are entitled, under the trusts of a charity other than an ecclesiastical charity, to appoint an\ trustees or beneficiaries of the charity, the appoint incut shall he made by the parish council of the parish, or in the case of beneficiaries, by persons appointed by the parish council. Transfkk to 1'auisii Council of Powers of Vkstky as to Charities. — The transfer of powers with which this sub-section deals will take effect as soon as a parish council conies into ofiicc. It will he noticed that this clause, unlike the two preceding clauses, relates to any charity, other than ecclesiastical, whether it lie a "parochial charity " or not. It would seem that the power which is hereby transferred from the vestry to the parish council lias already passed under section (!, sub- section (1). [f the council desire to place their power of appointing beneficiaries of the charity in the hands of other persons, they must pass a resolution to appoint certain named individuals to exercise the power of appointing beneficiaries of certain named charities. The choice of the council is not limited to its own members or t<> parochial electors, or in any other class, but it is obvious that the matter is one ■ ■I' importance, and that great care should he used in the selection of individuals to perform this duty. The powers transferred to a parish council by this clause are not expressly given to the parish meeting where there is no council, hut they appear to he covered by the general, transfer of the powers of the vestry contained in section 19, sub-section (4). Sub-sect. (5). (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 accord- 23 & 24 Vict, ance with section six of the Charitable Trusts Act, 1860, be communicated to the council of 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 c. 136. hemes for Charities. 1'" 1 ! parish meeting, either support or oppose the scheme, and Sect. 14. shall for that purpose have the same right as any inhabi- tants of a place directly affected by the scheme. Schemes of charity COMMISSIONEBS. — Section 6 of the Charitable Trusts Act, I860, enacts that before establishing a scheme for the administration of a charity, the Board (/.ns, and may withhold, suspend, or modify their proposed order as they shall thereupon, or in the result of further inquiry, or i therwise, think expedient. < >n or before the publi- cation of this notice it will now lie necessary for the Board to communi- cate a draft of the scheme to the parish council, and where there is no council to the chairman of the parish meetings of any rural parish affected by the scheme. Section 7 of the same Act requires that a copy of the order when made is to be deposited for a month in some con- venient place within the parish, or one of the parishes, or in the district in which the charity shall be applicable, and is to be open to public inspection then- at all reasonable hours during that period. Provision as to giving of notice of proposed schemes for the applica- tion or management of charities, and id' proposed orders for the appor- tionment of the benefits of charities are contained in the Act of 1853, on 55, and the Acl of 1855, section 13. Section 57 of the Act of l 853, < mpowers the Hoard to refer the matter of a proposed scheme to one of their in-pe tore for local inquiry, and the Hoard are hound to aider a n quisition for such an inquiry made by an} person interested in the charity in question, and if such an inquiry is directed by the d their inspector may receive any evidence or information, and and inquire into any objections or questions relating to the -'heme barity in question, and public notice is to be given of the sittin of the inspector. The present Bub-section empower- a parish council to support or beme proposed by the Charity Commissioners under the Charitable Trusts Acts, but fchej can only do so subject to the provi- sions of the Act with respect to restrictions on expenditure (as to which •II 1 1. and note-, ante, p. 83), and after obtaining the i sent of the parish meeting, the consent oi the parish meeting would ii by a resolution passed at the meeting, and this i- one of the i to which a poll may be demanded by any one parochial el< edule I.. Pari 1, Huh- 7 (':!, which pro- vides that such applications may be made by the Attorney-General and (subject to the provisions of the Act) by the trustees or persons administering or claiming to administer, or interested in the charity which shall be the subject of such application, or any two or more inhabitants of any parish or place within which the charity is adminis- tered or applicable. Further, by section 8 of the Act of I860, it is provided that the Attorney-General, and (in certain cases) the trustees, or any two in- habitants of any parish ordistrict in which a charity is specially applic- able may, by petition to the Court of Chancery (now the Chancery Division) appeal against orders of the Board establishing a scheme for the administration of the charity, and orders relating to other matters. A parish council will, under this section, subject to the conditions above referred to. have the same powers of supporting or opposing schemes, whether by way of appeal or otherwise, as inhabitants of the place in which the charity is applicable have under the Charitable Trusts Acts. Reference must be made to those Acts for full information as to the powers of the Court and of the Commissioners to settle schemes and make orders relating to charities. Sub-sect. ((5). (6.) The accounts of all parochial charities, not being ecclesiastical charities, shall annually be laid before the parish meeting of any parish affected thereby, and the L8&19Vict. Charitable Trusts Amendment Act, 1855, shall apply c - 12i - with the substitution 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. Accounts of Parochial Charities. — The Charity Commis- sioners and their inspector- may require accounts and statements and answers to inquiries relating to a charity, and the property, income, management, and application thereof, to be rendered to them by trustees ami persons concerned in the administration of the charity, and their agents and depositaries of the funds of the charity and persons in the beneficial receipt of any such funds or of any income from the charity or persons having the control of documents relating to the charity and Trustees of Charities, 103 ir- property (Acta of 1853, section 10, and 1855, section 6). Moreover. Sect. 14 by section 61 of the Act of 1853, the trustees or administrators of every charity are required to keep full accounts of all i iey received and A«fe. paid on account of the charity; and by section 44 of the Act of 1855, the same persons are bound to prepare animal accounts of the gross income of the charity, of the balance in hand at the commencement of the year, and of the receipt- and payments during the year, and of the money- owing toor from the charity. These annual accounts are to be transmitted to the board, and in the case of parochial charities a copy i- to be delivered to the " 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 copy thereof in the minutes of the vestry book ;" and such copy is to be open to inspection at all seasonable hours, subject to such regulation- as to the Board may seem lit. Under the provision in the text, these accounts will be given by the trustees of the charity to the chairman of the parish meeting, and will be by him submitted at the next assembly of the meeting, and entered in the minute 1 k kept under Schedule 1., Part 3.. rule (1). Dole Chabities.— The annual publication of the uames of benefi- ciaries of dole charities is a matter of some importance, having regard lb-section (9 ). infra. (7.) The term of office of a trustee appointed under sub-sect. (7). this section shall he four years, but of the trustees first appointed as aforesaid one-half, as nearly a-- may he, to be determined by lot, shall go out of office at the end of two years from the date of their appointment, but shall bo eligible for re-appointment. Teem or l n i i < i; or Tei his provision applies to trustees appointed by the pari-h i mil in place oi overseers ami churchwardens (-ul.--e.-ii,, n (2)), in addition to non-elective trustees (sub-section (3)), and in . if powers formerly held by the vestry (-ul.--c.tion ( I)). Tn: iiaritie- who hold office under the term- of the instrument the charity, or who are appointed in any other way than l.\ the parish council, will continue to hold office lor the period for which they n titled to hold it by the term- of their appointment. This enactment does uot seem to be applicable to the case of a tru nominate. I by a -ole trustee or bj a parish council or parish meeting under sub-seel i |, when the management of a charit] is vested in ustce. The trustees to whom this clause applies will hold offi .11' of the number tir-t appointed, a- mar ma\ l.e, will retire at the end of two years from the .late of their appointment. The result is that there will he biennial vacancies in any to he tilled up l.y a new appointment, the retu trwl er. re-eligible. The provision as to re-eligibilit] Iiu j/,,. focal Government Act, 1894. gjjj i | a num. ii is conceived, be bakcn as applying to subsequenl retirements, not only i" those which will be determined by lot at the end of the firsl two years. Nott . Sub-sect. (8). (8.) The provisions of tins 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, orin the case of a charity founded before the passing of this Act by a donor or by severa] donors any one of whom is living at the passing of tins Act, until the expiration of forty years from the passing of this Act, unless with the consent of the surviving donor or donors. Saving of recent Foundations. — This clause applies to appointments under sub-sections (2) and (3), and is intended to post- pone the powers of the parish council ninler those suh-sections in the case of recent foundations. Those powers will not be exercisable (i.) in the ease of any charity until the expiration of forty years from its foundation, i.e., from the date of the instrument creating it : (ii.) in the case of a charity founded before the 5th of March, 189-1 (the dateof the passing of the Act), by a donor or donors any one of whom is living at that date, until the 5th of March, 1934, unless with theconsentof the surviving donor or donors. Future foundations will, of course, be subject to the provisions of this section ; hut, where ;i donor wishes to secure that a majority of the persons who will administer his charity shall he appointed by some body or person other than the parish council, that object can easily be effected (subject to any alteration which may be made in the existing law) by a provision in the instrument creating the charitable trust, that one trustee shall be appointed by the parish council, and that such number of trustees as may be deemed advisable shall be appointed by the body or person whom the donor wishes to have a controlling power over the constitution of the governing body of the trust. Where this is done the operation of sub-section (4) will be excluded. Subject. (9). (9.) Whilst a person is trustee of a parochial charity he shall not, nor shall his wife or tiny of his children, receive an\ benefit from the charity. Trustees not to eeceive Benefit from their Charity.— A- has been pointed ont above (p. 100) this section contains no provision as to the qualification of the trustees whom the parish council may appoint ; it would be possible, therefore, but for the provision in the text, that a person appointed to be trustee might be cither himself or through his wife or children a beneficiary of the charity. The sub- Delegated Poioers of Parish Counc< 105 • tion, it will be noticed, only relates to trustees otparocMal charities Sect. 14. note to sub-section (2). ante, p. !'"). not to charities of which the — — parish council, as successor to the vestry, may appoint trustees under sub-section (4). 15. A rural district council may delegate to a parish Sect. 15. council any power which may be delegated to a parochial r^eo-ated committee under the Public Health Acts, and thereupon powers of tbose Acts shall apply as if the parish council were a j.'i",^,'^ parochial committee, and where such district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, tbose other persons shall, where there is a parish council, be or be selected from the members of the parish council. Pabochial Committees.— The Public Health Act, 1875, s. 202, enables a rural sanitary authority (including a committee of such anthoriry formed under section 201 ) to appoint a parochial committee, consisting wholly of members of such authority or committee, or partly of such members and partly of other persons liable to contribute to the 1 • rate of the parish, and qualified in such other manner as the authority forming the parochial committee may determine. The rural authority or their committee may from time to time add to or diminish the number of members, or otherwise alter the constitution of any parochial committee or may dissolve it. The parochial committee is subject to any regulations and restrictions imposed by the authority which formed it, but otherwise may exercise any of the powers of the rural sanitary authority within the parish which are delegated to it. The commit ttee may be empowered to incur expenses uot exceeding the amount- prescribed by the authority which formed it. It musl report it- expenditure to such authority, and the amount so reported, if legallj incurred, is to be discharged by the authority. The provision in the text enables a rural district council to dele-ate its powers to the parish council to the game extent as it could to a parochial committee, and where a district council appoint a committee, consisting partly ol members of their own body and partly of other persons, those other [•croons must be the parish council or some of it- members. As to committee- and joint committees of parish and district councils, ' - 56, ~<7. 16. (1.) Where a parish council resolve thai a rural Sect. L6. •uncil oughl to ha provided the parish with c omp 'j a j nt i„ Bufl , or to have maintained existing sewers, parisn council ovided the parish with a Bupplj of water in district" 1 * ° j ■ the health of the inhab u il. L06 Government Art, 1894. Shot. L6. from bhe insufficiency or unwholesomeness of bhe exist- ing supply of water, and a proper supply can be got at a reasonable cost, or to have enforced with regard to the paiish any provisions of t ho 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 ami substantial manner, the parish council may complain to the county council, and the county council, if i Lsfied 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 contained of shall he transferred to the county council, and they shall he transferred accordingly, Sit notes to sub-section (2). Sub-sect. (2). (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 3S & 39 Vict, hundred and ninety-nine of the Public Health Act, 1875, c - 55 - 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. Default of District Council — Complaint to County Council. — Section 299 of the Public Health Act, L875, provides as follows : — " Where complaint is made to th< Local Government Board that a local authority lias made default in providing their district with sufficient sewers, or in the maintenance of existing sewers, or in pro- viding their district with a .supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesome- ness of the existing supply of water, and a proper -apply can be got at a reasonable cost, or that a local authority has made default in enforcing any provisions Of this Act which it is their duty to enforce, the Local Government Hoard, if satisfied, after due enquiry, that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance oi their duty in the matter of such complaint. K such duty is not performed by the time limited in the order, such order mas lie enforced by writ of mandamus, or the Local Government board may appoint some person to perform such duty, and shall, hy Default of District Council. 107 Note. order, direct that the expenses of performing the same, together with a Sect. 16. sonable remuneration to the person appointed for superintending such performance, and amounting to a sum specified in the order, together with the co-its of the proceedings, shall be paid by the authority in ault : and any order made for the payment of such expenses and ■ y be removed into the Queen'-. Bench Division, 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 the powers of such authority other than (save as hereafter provided) the powers of levying rates, and the Local Govern- ment Board may from time to rime, by order, change any person so appointed." - tions 300 to 302 make provision for the recovery of the costs and expenses from the defaulting authority and empower the Local Govern- ment Board to obtain a loan for the purposes of such expenses, such loan to be charged upon the local rate and to be a debt due Erom the default- ing authority. It will be seen that under section 299 (above set out) the complaint of a default l.y a district council as to the matters specified in that section may be made to the Local Government Board by any person. The remedy under that section is in no waj affected by the two sub-sections now under consideration. But a further remedy is n : a parish council may make a complaint to the county council as to the same matter- and also as to a default in maintaining and repairing a highway (only, of course, where that highway has passed tinder the control of the district council a> highway authority — as to which see section 25, post"); and by section 19, sub-section (8), in a parish where there is no parish council, the same power of making a com- plaint i- conferred upon the parish meeting. Where such a complaint has been made to a county council thai bodj maj act in one of two waj they may. under sub-section (1), resolve to exercise the powers of the district conncil in respect of the matter of the complaint. In this case the proi isions of section <>'■>. post, will apply ; notice of the •ration of the county conncil is to be sent to the district council and to the Local Government Hoard, the countj council may raise a loan tor the purpose of the power- transferred, and their expenses are to be a debt from the district council to the countj council. I tmty c icil may. instead of taking over the duties and powers of the defaulting district council, take -imilar measures to those which m. iv be taken by the Local Government Board under section 299 the Public Health Act, 1-7:.. for compelling the district council to perform tln-ir duty in the matter of the complaint ; if they adopt this r "se, they are to have the powers of the Lq ■> I tent Board undei l to 302 od the A< I ; to. i (2), makes proi ision for the manner of making these complaints in a rural districl which i- situate in more than county ; the Count] Council tO which the parish coin,, il i- to make the the council of the county in which the parish i- situate : if Local Government Act, L894. \ Sect. 16. matter of the complaint affects am other county, the com- plainl i- to be referred to a j < >i 1 1 1 committee of the councils of the counties concerned. The county council to which the complaint was made would be the body to act upon it under this section if the joint committee reported in favour of action being taken. Sub-sect. (3). (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. The powers of a district council as to sewerage and water supply arc contained in the Puhlic Health Act. 1 S 7 ."> , ss. Ki to 34 and .".1 to 70. The expression "contributory place" is explained in section 229 of the same Act. It includes a parish, part of a parish where the residue is included in an urban district or a special drainage district, and a special drainage district. It may be presumed that where a notice of a plan for sewerage or water supply has been given to a parish council under this clause, that council will hare power to -tatc objections to those plans, and. generally, to make representations to the district council regarding them. Sect. 17. 17- (!•) ^ l )ar > s h council may appoint one of their number to act as clerk of the council without remunera- L'arish officers . and parish tion. documents. As to the audit of the accounts of the officers of a parish council, see section 58, post, p. 230. ( LEEK OF THE I'ARISH COUNCIL. — The provision of the text must he read subject to section 81, which enacts (sub-sections (2) and (4)) that where there is an existing vestry clerk appointed under the Vestries Act. 1850, he shall become the clerk of the parish council upon the same conditions as heretofore, and with no diminution of -alary. He will he, of course, ilc officer of the parish council. ami may In- dismissed by that body. A vestry clerk could hold office either under the common law or in parishes with a population exceeding 2,000, under the Vestries Act. 1850; if appointed under that Act his salary was fixed by the Local Government Board, and he could only be dismissed bj a resolution of the vestry and with the consent of the Board. The duties of a vestry clerk are enumerated in section 7 of the Vestries Act. 1850. It may he assumed that those of a clerk to a parish council will he similar. ice of any notice upon a parish council may lie effected by service upon their clerk (Schedule I.. Part 2. Rule (15)), and a parish council may appear before a court or in any legal proceedings by their clerk, irish Offi 109 and may authorise him to institute and carry on any proceeding which Sr.< T. 17. the council may institute or cany on. //>.. rule (16). — — Ir is to be observed that ir is not obligatory upon a parish council to appoints clerk at all; but the convenience of having such an officer is ..ii\ ions. (2.) If no member of the parish' council is appointed Sub-sect. (2). 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. Assistant Oversees .may be Clerk.— This provision, again^ is to be read subject to section 81 ; an assistant overseer will not Ik me the clerk of the parish council where there is a restry cleik existing upon tin- appointed day. The salary of an assistant overseer is at the present time fixed by the restry nnder 59 Geo. 3, c. L2, s. 7. Under section 5 (ante, p. 26) the power of appointing the assistant overseer is vested in the parish council, who have presumably the power of fixing the salary assigned to the office. It' the assistant overseer is also the clerk of the council they must consider the duties which he w ill have to perform as clerk in determining the salary which he is to receive. It maybe added that by section 81 the assistant overseer v, ho holds office at present will continue to hold it by the same tenure, upon the -mum' terms and conditions, and at a -alary ii. .t less than heretofore. As to the tenure of office of an assistant overseer, see set tion 5, sub-section d). ante, p. 26. (3.) If there is no assistant overseer, the parish council Sub-sect. (3). may appoint a collector of poor rates, or some other fit ■ to be their clerk, with such remuneration as they may think lit . Collectob OF Poos Rates mav be Clerk. This sub-section, in, i- to be read subjecl to section 81. See notes to two preceding -llli--c.il Thedntj of collecting the rate- may be assigned to the assistant overseer where no collector of poor rate- has been appointed under 7 & 8 Vict. c. 101, I tion provides that if the guardians of any union apply '" l1 " 1 '• I Government Board to direct the appointment of a paid collector of the poor rates in any parish or parishes within the union, • I"- Board ma der under their hands and seal, dire :t thi ians to appoint such a collector, and, thereupon, the powers of the vestry to appoint any collector cease. The ■ ncil, it i- to be observed, need not appoint i Hector to be their clerk unless they think fit. [fthere is nq they may appoint a collector, or any other lit pi I LO The I ocal Government Act, L894. Sect. 17. (4.) A. parish council shall not appoint to the office of Sub-siecl (4). vestrj olerk. \ 1-1 1; n Clerk.— The parish council are not to appoint ;i vestry clerk, but as the [lowers of the vestry are transferred to the council by section 6, it would appear that it will no longer be possible to appoint a vestry clerk in any rural parish, A vestry clerk is a civil and not an ecclesiastical officer, and ir doc- aol appear that the exception to the transfer of the powers of the vestry mentioned in section <">. sub- tion i I i. {<>. ). | i. ). u : ll cover the power to appoint to that office. Sub-sect. (5). (5.) When a parish council acts as a parochial com- mittee by delegation from the district council, it shall have the services of the clerk of the district council unless the district council otherwise direct. Clerk where Parish Council acts as Parochial Com- mittee by Delegation from District Council. — As to a palish council as such acting as a parochial committee by delegation from the district council, see ante, section 15 and note. The duties of clerk toa rural sanitary authority are performed by the clerk to the guardians of a union, except where he is unable or unwilling to act ; in which case another person is appointed. Public Health Act, 1875, s. 190. Any person who is at the " appointed day" filling the office of clerk to the rural sanitary authority will, under ion 81, become clerk to the district council. Bub-sect. (6). (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 he required by regulations of the county council. Sub-sect. (7). (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 within. Defosit of Plans of Proposed Wouks with Clerk or Chairman.— The Act 7 Will. 1, and 1 Vict. c. 89, provides that where the Btanding order- of Parliament require map-, plans, and Parish Documents. HI Note. as .it proposed works to be deposited with parish clerks and others Sect. 17. before the introduction of a hill relating to those works, the parish clerks, &c, shall receive the plan-, ami shall allow inspection of and taking copies of, or extracts from them, and a penalty of five pounds is imposed for any neglect of duty on the part of the parish clerks and other officers named. A similar enactment as to plans, &c, of railways is contained in the Railways Clauses Act, 1845(8 & 9 Vict. c. 2 as. S & 9. The language in the text seems hardly sufficient to preserve the penal provision of these enactments as against a defaulting clerk or chairman of a parish council. The Act of 1845 in applying the provisions of the earlier Act expressly mentions"and under the like penalty for default. " (8.) The custody of the registers of baptisms, mar- Suh-sect. (8). riages, 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, shall remain 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 depos- 1 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 .11 such books, documents, writings, and | I to in this snh-section, and ;m\ difference dy or access shall be determined by the county acil. Custody 03 Pabish Books and 1 -As to the custody of parish books and documents where a parish is divided by this A t, and when- parishes are grouped, seel on ( '■'< i. post. Tl -mi> and burials are kepi in the of the rector or vicar of the parish (52 Geo. 3, c. 146, also the register of marriages performed iniivh (6 .v 7 Will. I. c. 81 ■ thai thi vestry minute i ks relating, as they tent, to the affairs of the church, must remain in custody. The name observation will apply to tithe ii. I maps, bul nol to inclosure awards and maps, and The Vestry Act of i thai minutes oi the II- Government Act, L894. ■- ' •' '• ''• for that purpose by the churchwardens and overseers, and (section 15) y ( ,/,. thai those books and ;ill former vestry books, and all rates and assess- ments, accounts, and vouchers of the churchwardens, overseers, and surveyors of highways, and other parish officers, and all certificates, orders of courts and of justices, and other parish books, documents, writings, and public papers of every parish except the registry of mar- riages, baptisms, and burials shall be kepi by such person and deposited in such place and manner as the inhabitants in vestry assembled shall direct. Penalties arc imposed upon any person wilfully injuinng the same or refusing to deliver them up on the order b\ the vestry. It is doubtful whether these penalties will attach upon disobedience t<> an order of the parish council as to the delivering up of the documents entrusted to its control. Amongst the documents directed by law to bo kept with the public books of a parish may be mentioned the copy of bye-laws made by a rural authority under the Public Health Act, 1875, and relating to that parish (Public Health Act, L875, s. 185), and the award of an arbi- trator and his report as to the condition of land compulsorily hired by a parish council for allotments. Sec section 10, Bub-section (•">). supra, p. 78. Documents, other than those wholly or partly relating to the church or any ecclesiastical charity which have been under the control of a vestry, will, it is submitted, pass under the control of a parish meeting in the parishes where no council exists by virtue of the general transfer of the powers of the vestry contained in section 19, sub-section (4), and this seems to be contemplated by sub-section (9) of the present section. it will be noticed that the parish council is not bound to interfere with the existing custody of these documents; their power is permis- sive only, and is subject to the COntrjl which may be exercised by the county council under the next sub-section. Not only the incumbent and churchwardens, but every parochial elector of the parish may inspect books and documents under the control of the parish council or meeting (sections 58, sub-section (1). posf). Sub-sect. (9). (9.) Every county council shall from time to time inquire into the manner in which the public books, writings, papers, and document-, under tire 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, ami those orders shall be complied with by the parish council or parish meeting. Duty of County Council as to Peeseevation op Pabish Books. — This provision does not empower the county council to make Parish Wards. 113 Note. orders as to the custody of the registers and other books and documents Sect. 17. which arc to remain in their existing custody, their powers arc limited to the books and documents which arc placed under the control of the parish council by the preceding sub-section, or of the parish meeting under section 19, sub-section (4). An order made under this sub-section will not take away from -a parish council the control over the books and documents which is committed to that body by the preceding sub-sec- tion, but will regulate the exercise of that control. - 18. (1.) A county council may, on application by the Sect. 18. parish council, or not less than one-tenth of the parochial p ar s S n~ w 'ards 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. Division or PABI8H into Wards. — Fur the definition of parochial electors, see section 2, sub-section 1. The councillors for each ward will be elected in the manner provided by section 3, substituting ward for parish. See sub-section (4), post. The result of the division will be that there will be a separate parish meeting for the election of councillor- for each ward. The parish councillors for all the wards will form only one parish council, and there will -till be a parish meeting for the whole parish for purposes otherthan the election of councillors, such tie adoption of any of the adoptive Acts for the whole parish. The parochial electors who will be entitled to attend and vote al a parish meeting or at a poll for a ward are the parochial electors registered in respect oi qualifications in thai ward (section t9). A parish may also be divided into ■■■■ e had to existing wards for the election oi irdians. h meetings for the ward maj also be held for purposes other than elections ; for instance, for the adoption for the ward of any adoptive Acl which may he adopted for a pari of a pari h (see section b-section ( I ), and note, p, | 7. The powers of th i only be i [ upon the application I 1 1 I The Local Government Act, 1894. \ SECT. 18. of a parish council or not less than one-tenth of the parochial electors. In considering the application, the county council must have regard to the matters specified in this and the following sub-sections. 'Pin' cases in which the order would most commonly be made would be where the parish 1ms a very large population for a rural parish, or where the population, whether large or not, isscattered over a wide area, rendering it difficult to find a convenient place for a meeting of all the parochial elector- ; or where one parish contains two or more areas with separate interests, such as a parish which comprises an area with a population distinctly agricultural in its pursuits, and an area with a manufacturing or seafaring population. But, in each case, the county council must consider the circumstances, having especial regard to the matters men- tioned in the text. It should also he home in mind that a county council may, without dividing a parish into wards, older that the consent of a parish meeting for a part having a defined boundary, and property or rights distinct from the rest of the parish., shall lie required for any act of the parish council affecting the property or rights of the part (section 37, post). And see also section 56. sub-section (2), as to a committee formed for part of a parish. Sub-sect (2). (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 popu- lation, and to all the circumstances of the case. See note to sub-section (1). Sub-sect. (3). (3.) Any such order maybe 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. An order revoking or varying a previous order for the division of a parish into wards ought to be made by a county council so as to come into force at the next, annual election. An order varying an order for the division of a parish into wards mighl re-arrange the boundaries of wards. ect. (4). (4 j j n a pai.jyh divided into parish wards there shall be a separate election of parish councillors for each ward. See note to sub-section (1). Parish Meeting in Small Parishes. 115 19. In a rural parish not having a separate parish Sect. 19. council, the Mowing provisions shall, as from the p rov j~^ ls ^ appointed clay, but subject to provisions made by a to small grouping order, if the parish is grouped with some other P anshes - parish or parishes, have effect : — (1.) At the annual assembly the parish meeting shall Sub-sect. (l). choose a chairman for the year ; Small Parishes. — The parishes to which this section will apply are parishes having a population less than three hundred, and in respect of which no order establishing a parish council has been made under tions 1 and 36, or section [39, sub-section (1) or where the parish council lias been dissolved under section :'>'.». sub-section (2). Moreover, when- one of these -mall parishes ha- been grouped with a neighbouring pariah or parishes under a common parish council, the provisions of this ion will only apply -uhjeet to the provisions of the grouping order. Effect of Grouping Order.— Where such an order has been made, difficult questions may arise a- to the jurisdiction of the parish council for the group and of the parish meetings for the separate parishes in the group. The language of the different sections which relate to the powers of parish councils and parish meetings i- by no mean- clear a- to the powers which each body may exercise when* a grouping order ha- been made. The general scheme, however, seems to be this: — The powers given by this section to tin- parish meeting are, so to speak, carved out of the power- which are given t" a parish council by the earlier sections of the Aet. W'laie parishes an- grouped the powers of the parish meeting under this section may he augmented or diminished by the prcn isions of tie- grouping order ; hut a- to matter- which are either not confided to the parish meetii i mall parish by the Act or by an order of the ity council under sub-section I" of this section, or by a grouping order, or are by the grouping order taken from the meeting and given to the council for the group, that council will have all the powers which it would have if the group wire a single parish over which it presided. A grouping order may be made under sections 1 and lis. and lnu-t contain provisions lor the parish meetings in each of the grouped parishes, and for their separate representation on the parish conncil, and for preserving the sep hte of each parish as to appointments of trustees and beneficiaries of charities and tie- custodj of document-. and may provide for the consent of ■■< particular parish meeting t" any I o| thr Council, and for other adaptation- of the Act to the group or to the parish meetings in tie- group. m- clear a grouping order may affect the power- of a parish meeting under the present section in the direction of enlargement of those powers. For instance, while a parish meeting may under nib- ..n (.",, ..i this section appoint trustees "i a charity in the place only .,t o or churchwardens, a grouping order under section 38 «"'."/ i 2 116 The Local Government Act, 1804. Sect. 19, provide for the application of the A.c1 as to the appointment of "trustees — and beneficiaries of a charity" (generally) so as to preserve the rights of each parish : this provision certainly suggests a more general entrusting to the parish meeting of a grouped parish of the powers of a parish council as to charities, under section 1 1, than is contemplated by the present section. As to the time of the annual assembly of the parish meeting see, «ntr, section 2, Bub-section (3), and Schedule I., Part 1, Rule (1). Chairman of Parish Meeting. — Whatever maybe the ease as to the chairman of the parish meeting in a parish where a council exists (as tn which see note on section 2, sub-section (I), ante, p. 7), it is clear from the text that where im council exists the chairman of the meeting is to be elected at the annual assembly of the meeting, and is to hold office until his -accessor is appointed at the annual meeting- in the following year : he is. moreover, re-eligible (section V». sub-section (2) ) ; U7. he may resign his office by notice to the parish meeting (section 47, sub- section (3) ). and a casual vacancy in the office is to be filled by the parish meeting (section 17. sub-section (4)), the person elected retiring at the time when the vacating chairman would have retired ; in case of his absence from or unwillingness or inability to take the chair at any assembly of the meeting a chairman may be appointed by and Eor the purposes of that meeting, i. e., that assembly of the meeting. Schedule L, Part 1, Rule (10). The provisions of the text as to the election of a chairman for the year " at the annual assembly," must, it is submitted, be read subject to the rules contained in Part f of Schedule I. ; under those rules a poll may be demanded at any time before the conclusion of the meeting by any one parochial elector in the case of a resolution respecting the appointment of a chairman for the year. No qualification for the office of chairman is provided. See note on section 2, sub-section (4), ante, p. 7. It should be observed that the disqualifications mentioned in section to' do not apply to the chairman of a parish meeting. Sub-sect. (2). (2.) The parish meeting shall assemble not less than twice in each year. Assembly of Parish Meeting. — A parish meeting may, how- ever, be convened at any time by the chairman of the parish meeting or any six parochial electors, secti u 45, suit-section (3). Sub-sect. (3). (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 Parisli Meeting in Small Parishes. 117 shall be submitted to the parish meeting for Sect. 19. their approval : Committee of Pabish Meeting.— As has been suggested (note to section 7. sub-section (1 1, ante, p. 41), if would lie competent for the parisli meeting ;i» successor to the vestry (under sub-section (4) of this ion) to appoint, under thise -- fcion,a committee forthe execution of any adoptive Act which may be adopted for the parish after the appointed day. (4.) All powers, duties, and liabilities of the vestry shall, Sub-sect. (4). 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 ; Transfer of Powers, &c, of Vestbt.— Under this sub-section the parish meeting in these small parishes will supersede the vestry to the same extent as a parish council where it exists supersedes the vestry under section 6, sub-section (1). See note-, ante, p. 30. It has already beer suggested (note to section 7. sub-section (I). ante, p. 41) that, where an adoptive Act is already ill force in one of these small parishes before the appointed day. the existing executive authority will remain, but the parish meeting will have power under the present sub-section to till up any vacancies that may arise in the members of that authority. (5.) The power and the duty of appointing the over- Sub-sect. (5). rs, and of notifying the appointment, and the power of appointing and revoking the appoint- ment of an assistanl overseer, shall be transferred to ami vest in the parish meeting, and the power en by this Act to a parish council of appoinl t of a charity in the place of over eers or churchwardens, shall vest in the parish meeting; Appointment oi Ovebseees and of Teusi bes of < Ihabities. — Si >ns •"., Bub-section (1), and II. sub-section (2), and not Tbe appointment oi the overseers ought, il is conceived, to be made at the annual .i---tiii.lv of the parish meeting, and the notice of the appointment musl a to the guardians forthwith, See .section 5, sub-section ( I i. and section 50. The powers of the parish meeting in these small parishes to appoinl tin-' i parochial charity, may be extended bj i rder made nuclei' -ill;--' ' t "li I 10) ot (In- BC< tion. 118 The Local Government Act, 1894. Sect. 19. (6.) The chairman of the parish meeting and the over- Sub-sect (6\ seers of the parish shall be a 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 in 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 ; Incorporation of the Chairman anj> overseers.— It would appear that the functions of the corporate body created by this sub- section will be purely ministerial. No powers are conferred upon them except that of executing instruments and (under the next sub- section) of holding the legal interest in parish property. The validity of any instrument executed by them, will, it appears, depend upon their being authorised to execute it by the parish meet- ing. That meeting is itself capable of executing instruments (sub- section (11) ), and it would appear that the cases in which an instrument executed by the chairman and overseers will be necessary are limited to the execution of instruments relating to property which is vested in them by sub-section (7). It is suggested that the power given to the corporate body created by this clause of holding land for the purposes of the parish will enable that body to hold gifts of land for the benefit of the inhabitants of the parish in the same way as a parish council where it exists may hold such gifts under section 8, sub-section (1) (//), ante, p. 53. Sub-sect. (7). (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 ; Vesting of Parish Property in the Chairman and Over- seers. — The property referred to is property which before the appointed day was voted in the overseer- or churchwardens and overseers of the parish. See <",/, . p. 28, section 5. sub-section (2) (c), and note. Parish Meeting in Small Parishes. 119 Amongst other property which will vest in the chairman and over- Sect. 19. - of a small parish, under tire provision in the text, is property held by the m or churchwardens and overseers for a charity other Note. than an ecclesiastical charity. See ante, p. 29, note to section 5, sab-section (2) (< (8.) The provisions of this Act with respect to the Sub-sect. (8). 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 ; BIGHTS of Way and Highways.— A- to the powers of a parish council as to these matters, see ante. p. 91, section 13, sub-section (1), and notes. The power given by sub-section (2) of that section to a parish council to undertake the repair and maintenance of footpaths i' not conferred upon the parish meeting of a small parish. Complaint to County Council of Default by District N'CIL. — A~ to this, see a rvte, p. 105, section 16, and note. The provisions of sub-section (3) of that section, as to notice by the district council to the council of a parish of a scheme for a sewerage or water supply affecting the parish, is not made applicable by the text to a parish governed by a parish meeting. (9.) A rate levied for defraying the expenses of the Sub-sect. (9) parish meeting (when added to expenses under any of the adoptive Acts) shall not exceed six- pence in the pound in any local financial year ; LIMIT OV EXPENDITUBE.— Afl has been remarked already the adoption ol any of the adoptive Acts in one of these small parishes is not likely to he of common occurrence. Where any Buch Art h;is heen adopted the margin oi expenditure remaining to the parish meeting will not be large. Indeed, even where no adoption of an Act has taken place ilic produce of a sixpenny rate will not enable the parish meeting to incur any I pense ; hut the limited powers conferred upon the parish meeting by this section do not afford much si cpenditure, and it '•■■a- do doubl the intention of t ; ture to keep the outlay of these small parishes within very narrow limits. Ii must be remem- nnder tin- nes tion the parish meeting can, it the county council think it desirable, acquire any of tin- powers ol' a ii council under thi Act, [t will be observed that, although the expenses under any adoptive Act are to be considered tor the purpose ol ascertaining whether the 120 The Local Government Act, 1894. SECT. 19. Bixpenny limit is being approached, those expenses still remain distinct — — from the expenses of the parish meeting; the incidence of charge of - ' any rate levied to defray them is to remain unaltered by this Act, and the" rate is to be made and charged as heretofore. See ante, section 7, sub-section ( be members of a board of guardians in the metropolis Bnch persons as they thought fit from any justices of the peace for any county or place resident in the union or parish, or from among ratepayers resident therein and assessed to the poor rate therein on an annual rateable value of not less than iOl., or partly from one and partly from the other, but so that the number of guardians so nominated did not, together with the ex officio guardians, ever exceed one-third of the full number of the elected guardians. The 30 Viet. <•. d 7'.'. i- repealed by section 89 of this Act, and as section 30 of this Act (pott) applies to the metropolis all the provisions relating to guardian- it follows thai there as elsewhere there will not ill future be any nominated guardians. (2.) A person shall not be qualified to be elected or to Sub-sect. (2). 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 'iiths preceding the election resided in the union, or in the case of a guardian Eor a parish wholly or partly situate within the area of a borough, whether a county borough or uot, is qualified to be elected a councillor for that borough, and do person shall be disqualified by or marriage, Eor being elected or being a 122 Local Government Act, 1894. Sj i r. 20. guardian. So much of any enactment, whether in a public, general, or local and personal Act, as relates to the qualification of a guardian shall be repealed : I'akochial Electors. — The parochial electors are the persons described in section 2. sub-section (1), ante, p. ">. Sec also section 7"> a- to the expression "parochial elector" when used with reference to a parish in an urban district. Residence. — It has been said that the meaning of the word "residence" must be determined with reference to the purpose of the statute in which it is used. Blacltwell v. "England, 27 L. J. Q. B. 124. In the text it appears to mean a personal dwelling within the union, as distinguished from the mere occupation of property. For some pur- poses a person may have more than one residence ; thus he may have houses in different places, each of which may be called his residence (see Walcot v. Boyfield, 1 Kay 531 ; IS Jur. 570) ; but it may be doubted whether, for purposes of this Act. a man can reside in more than one place. Further, the residence must be during the whole of the twelve months preceding the election. This provision resembles that in section 9 of the Municipal Corporations Act, 1882, and as but for the passing of the 48 Vict. c. 9 the letting of a house furnished for any part of the twelve months disqualified a person from being a burgess, so any similar letting would disqualify a person from being elected or being a guardian if his only qualification were residence. See further on this subject the notes to section 3, sub-section (1). ante, County Boroughs. — The provisions of this Act relating to guardians apply to county boroughs. See section 30, 2^ost. Qualification of Borough Councillor. — The qualification of the councillor of a borough depends upon section 11 of the Municipal Corporations Act, 1882. See the text of the section in " Arnold's Municipal Corporations," or in •' Macmorran's Local Government Act, 1888," p. 211. One result of the provision in the text is that in a parish in a borough a clergyman cannot he elected to the office of guardian. QUALIFICATION OF WOMEN. — A woman may lie registered as a county elector, and. if so registered, will be a parochial elector under section 2, sub-section (1). ante, p. .•"> But hitherto a married woman has been incapable of exercising any franchise, even when she has been duly qualified in respect of the possession or occupation of property. See Reg v. Earrald, L. R. 7 Q. B. 361 ; 41 L. J. Q. B. 173 ; 26 L. T. (N.s.) (JIG ; 20 YV. R. 328 ; 36 J. F. 438. Under this Act. however, a married woman may be registered as a parochial elector (section 43, jm--:t): and. if so registered, or if resident for the period required by the text, she will be qualified to be a guardian. Guardians. 123 Repeal of Property Qualification. — The 4 & 5 Will. 1 c. 76, Sect. 20. b. 3S. provided that the Poor Law Commissioners (who were afterwards — — superseded by the Poor Law Board, and eventually by the Local Government Board) should determine the number of the guardians to be elected in each union, and should also fix the qualification without which no person should be eligible as such guardian, such qualification to consist in Vicing rated to the poor rate of some parish or parishes in the union, but so as not to require a qualification exceeding the annual rateable value of 407., and should also determine the number of guardians to be elected for any one or more of such parishes, having due regard to the circumstances of each such parish, provided always that one or more guardians should be elected for each parish. The Poor Law Commissioners. Poor Law Board, or Local Government Board, as the case may be, accordingly fixed the amount required for the qualification of guardians in the several unions in England and Wale-, and a li-t of the qualifications so fixed will be found in the "Poor Law General Orders," by Macmorran and Lu-hington. p. 11. By an Order of the Local Government Board made quite recently (the text of which is set out at 56 J. P. 778), the qualification of guardians in all union- was reduced to a uniform rateable value of 51. Even that qualification is now abolished, and any person will be qualified to l>e a guardian without regard to whether he is rated or possesses property in the union or eUewhere. The disqualification- for the office of guardian are set out in section 16, post. (3.) The parochial electors of a parish shall be the Sub-sect. (:'>). electors of the guardians for the parish, and, if the parish is divided iuto 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 : Pabochiax I. i. i.' roBS. — The parochial electors are the persons l a- provided by section 2, sub-section (1). ant,, p. :>. See tin- note to the preceding sub-section. Division OF Pabishes ivi'i Wabds.— Parishes were Eormerlj divided into ward- for the election of guardians, under 7 & 8 Vict. c. 101, s. r.'. That section was repealed and practical]] re-enacted i>y K) Vict. c. 61, s, 12, which enabled the Local Government B tl to divide any parish into wards, and to determine the number of guardians bo be elected for ever] ward, having due regard to the value of rateable property therein. The enactmenl lasl mentioned has not been expressly repealed, bat it is practically superseded by section 60, which enables the county council to divide parishes into ward-. When ■■< parish is divided into wards the electors tnusl be registered in respect oi qualifications within the ward. L2 l The Load Government Act, 1894. Sect. 20. (4.) Each elector may give oue vote and no more for Sab-sect (4). cacn °^ an y numDC1 ' of persons not exceeding the number to be elected ; Maxneii of Voting. — This Introduces an important change. Hitherto the electors of the guardians have been of two classes — owners and ratepayers. The names of the owners and their proxies were entered in a register which was revised in every year by the clerk of the guardians. Each owner and ratepayer was entitled to at least one vote, but he might have as many as six under the scale fixed by 7 & 8 Vict. c. 101, s. li. And where an owner was in occupation of his own property he might vote in each capacity ; so that one person might have had as many as 12 votes. The scale of votes is now abolished, and each parochial elector will have one vote only for each of any number of candidates not exceeding the number to be elected. '!-> Sub-sect. (.')). (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 ; Election. — The provisions of this Act referred to in the text are contained in this section and in section 48, post. The rules are not yet published, but as the first elections under the Act are to be held in November, 1894, they must be published some time before that date. Section 75, post, provides that the expression "election" includes both the nominations and the poll. Sub-sect. (6). (6.) The term of office of a guardian shall be three years, and one third, as nearly as may be, of every board of guardians shall go out of office on the 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 applica- tion 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 Guardians. 125 county, an order may be made by a Sect. 20. joint committee of tbe councils of tbose counties ; (b.) Wbere at tbe passing of tbis Act tbe whole of tbe guardians of any union, in pursuance of an order of tbe Local Government Board, retire together at tbe 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 : RETIBEMBNT OF GUABDIANS. — Section 79, post, provides how the guardians to retire in the first and second years after the first election air t<> be determined. An order tor simultaneous retirement can only lie made at the instance of tin- board of guardians. Hitherto, guardians have been elected annually, excepi in a lew union- where they have been elected triennially under order- of the Local Government Board made by virtue of I .v :, Will. I. e. 76, -.11. A list of the unions in which there is now a triennial service of guardians will he found in "The Poor Law General Orders," by Macmorran ami Lusbington, p. 848. The application for the revocation of an order for simultaneous retirement may come either from the guardian- or from a district council of a district within the union. (7.) A board of guardians may elect a chairman or Sub-sect. (7). 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 shall be an additional guardian and member of the board. Provided that on the first election, if a sufficient number of pc i vho have been ex officio or nominated guardians of the union, and have d as such, are willing to serve, additional members shall be elected from mong those pe] CHAIEM4 Vioe-Chaibman.— Under this provision Eoni 1' ons (including the chairman and vie. an) may he elected 1:2(3 Tlic Local Government Act, 1894. Sect. 20. from outside tin- board. These persons must be qualified to be guardians. For qualification of ;i guardian, see sub-section (,-), supra. The proviso applies only at the first election. As to < l .r officio and nominated guardians, see the note to sub-section (1), supra. \ Sect. 21. 21. As from the appointed clay, — Names of (1-) Urban sanitary authorities shall be called urban '".""'• v (, ! s :. district councils, and their districts shall be tricts and dis- ... trict councils. called urban districts ; but nothing in this section shall alter the style or title of the corporation or council of a borough : Urban District Councils. — Section 7."), post, incorporates section 100 of the Local Government Act, 1888, which defines an urban sanitary authority. By section 6 of the Public Health Act, 1875, urban sanitary districts are of three kinds : — 1st. Municipal boroughs ; 2nd. Improvement Act districts ; and 3rd. Local government districts. In these the urban sanitary authorities are respectively the borough council, the improve- ment commissioners, and the local boards. The title of the borough and its council is not to be altered, but improvement Act districts and local government districts are henceforward to be called urban districts, and the urban sanitary authorities over these are to be called urban district councils. Sub-sect. (2). (2.) For every rural sanitary district there shall be a rural district council whose district shall be called a rural district : Kural District Councils. — A rural sanitary district consists of the area of a poor law union, exclusive of such parts thereof as are included in an urban district. The existing districts will be considerably modified by the orders of the county council to be made under section 3(5, post. Where a rural district at present extends into two administrative counties, the part in each county will be a separate rural district. See section 24, sub-section (5), post. Sub-sect. (3). (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 borcugh or not, and of every rural district, and the expression " county district " shall include every urban and rural district whether a borough or not : An example of the application of this sub-section will be found in section 100 of the Local Government Act, 1888. It is therein pro- Chairman of District Council. 127 Note. vided that, for the purpose of that Act, the expressions •■district SECT. 21. council " and " county district " mean respectively any district council established for the purposes of local government, under an Act of any future session of Parliament, and the district under the management of -uch council. 22. The chairman of a district council unless a woman Sect. 22. or personally disqualified by any Act shall be by virtue chairmaii of of his office justice of the peace for the county in which council to lie the district is situate, but before acting as such justice he shall, if 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 qualification by estate. Although under this Act a woman may lie chairman of a district council, she i< not to lie a justice of the peace by virtue of this section. A man may lie personally disqualified to he a justice of the peace if he is sheriff (50 & -">1 Vict. c. ■">.">. -. 17). So if he i- bankrupt, unless the adjudication again-t him is annulled, or he obtains his discharge with a certificate that his bankruptcy was caused by misfortune ; but this disqualification is not to exceed a period of five years from the date of the order of discharge (4*1 & 47 Vict. c. 52, s. 32 ; 53 & 54 Vict, c. 71. s. 9). See also as to the removal of a justice from the commis- M'ni for corrupt practices I 16 >v 17 Vict. c. 51, s. 38). Practising soli- citors are also disqualified fur being justices of any county in which tiny practice (34 Vict. c. 18). The oath- to he taken by a justice are the oath of allegiance and the judicial oath (31 & 32 Vict. c. 72, s. C). These oaths are usually taken at quarter sessions. See 34 ,*>: 35 Vict. c. 18. A- to the power to affirm instead <>f taking the oath, see 31 & 32 Vict. c. 72. b. 11 j 51 & 52 Vict. c. I''.. -. 1. provision in the text is supplemental to that contained in sec- tion 2, - 1 1 1 1 - - 1- ■ • t i < » 1 1 5. of the Local Government Ad, 1888, which pro- vides that the chairman of a county council shall bo. by virtue of his cilice, justice "f the peace for the county. It trill, no doubt, happen in many cases that the chairman of ;l dis- trict council i- already a justice of tin- peace, but. making allowance for this, tin- result will be to add a large number of persons to the < i- lni—ioii of tie- peace. It may he thought by some objectionable to hi a number of persons acting :i- justices for limited periods, for the chair- man of n district council will hold office only for a year. See section 59, ■in (1), pott. A Bimilar state of things already exists in the of the mayor of a borough with regard to whom it i- p . by tion 155 of the Municipal Corporations A.ct, L 882, that he -hull, by virtue ol hi- office, b e of the peace for the borough, and shall, 128 The Local Government Act, 1894. Sect. 22 unless disqualified to be mayor, continue to be such justice daring the — yeut next after he ceases to be mayor. Hut while the mayor of a - • borough is a justice only for the borough, the text provides thai the chairman of a districl council, urban or nival, shall be a justice of the peace tor tin- county. The mayor of a borough, oilier than the county borough, will thus he a county justice while he is mayor. For the year succeeding his mayoralty he will he a justice for the borough, hut not Eor the county, and the chairman of every other district council will likewise, while chairman, he a county justice. Sect. 23. 23. As from the appointed day, where an urban dis- trict is not a borough — (1.) There shall be no ex officio or nominated members Constitution of district councils in urban di>tncts of the urban sanitary authority : not being boroughs. As to the appointed day, see section 8 I. post. Uuban District Councillors. — For the meaning of the expres- sion "urban district," seescction 21, sub-section (1), and the notes thereto. The cases in which there were ex officio or nominated members of an urban authority were very few in number. There were some provisions relating to "selected " members of the local boards in the Public Health Act, 1S75, Schedule V.. Rule 71. These related to boards formed before 1858, where the local hoard district included part of a borough, and a certain proportion of the members were appointed by the council of the borough. Since the passing of the Local Government Act, 1888, orders have been made under section 52 of that Act dealing with such cases, and there are probably very few of any urban authorities to which the provision in the text can apply. Sub-sect. (2). (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 the whole of the twelve months preceding the election resided in the district, and no person shall be disqualified by 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 quali- fication of a member of an urban sanitary authority shall be repealed : Parochial Elector. — As to the parochial electors generally, see section 2, sub-section (I), ante, p. 5. As to the parochial electors in urban districts, see section 75, sub-section (2), post. Urban District Councillors. 129 Note. Residence. — This is an alternative qualification. A person may be Sect. 23. qualified by residence though he is not a parochial elector. As to what is meant by residence, see the notes to section 3, sub-section (1), ante, p. 10, and section 20, sub-section (fi), ante, p. 124. (QUALIFICATION' OF COUNCILLOR. — Sec the note to the correspond- ing provision in section 20, sub-section (1), ante, p. 121. Hitherto members of local boards must have p certain pro- perty qualifications prescribed by the Public Health Act, L875, Schedule II.. Parr I, Rule '-i. The qualification of improvement commissioners was generally prescribed by the local improvement Act in force in the strict. These qualifications arc now abolished. (3.) The parochial electors of the parishes in the dis- Snb-sect. (3). trict shall be the electors of the 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 : Parochial Ele -See note to the preceding sub-section. As to the li>r> and register of electors for wards :tion 41, sub- in c! I, post. I Each elector may give one vote and no more for Sub-sect. (4). each of any number of persons not exceeding the number to be elected : VOTES. Th ction introduces an important change in the law. Urban authorities (other than borough councils) have hitherto ;ted in manner provided by Schedule II. of the Public Health Act, 1875; the voters have been the persons registered as owners of property within the district, or their proxies, and the ratepayers ; and in both number of votes to be given by a voter depended on the valne of the property of which he was owner, or for which he w I. The maximum number of votes was six, but a person who pied his own property might vote both as owner and occupier. now abolished and each elector will give one vote and no more for each of the number of persona to be el rim- if then es and seven candidates an elector will he able to one \.,fi- f., , || |( ,..,,,,, ill, subject t'j thf provisions of this Snb-seci Vet, bo conducted according to rules framed under this Acl bj the I. nmenl Board: Mode oi I r.— The i of thi- ■■ referred to 'ion aid I Hon will LSQ Government dot, L894. OT. -'.). b« by ballot, each voter "ill bave one rate, and the provisions of the — Ballot Ai'i. the Municipal Corporations An, and the Corrupt Practices N, '' v - Act. L 884, ms to elections, will apply. Tin' rules will, no doubt, be published in time for the lirst elections in November. Sub-sect. (6). |ti.) 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 go out of office on the fifteenth day of April in each year, and their places shall be filled by the newly elected coun- cillors. Provided that a county council may on request made by a resolution of an urban dis- trict 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. Retirement of Councillors. — The manner in which the coun- cillors first elected under this Art are to retire is regulated by section 79, sub-section (G). post. Those who were lowest on the poll at the election are to retire first. Simultaneous Retirement.— This provision is new; see the corresponding enactments relating to guardians in section i2u, sub- section ((>). ante, pp. 124, 125. It is in the discretion of the county council to make the order, bul they can only do so at the instance of the urban district council. It should be observed that the resolution of the urban council may be passed by a two-thirds majority of those ratiij. A resolution of two-thirds of the entire body is not required. Sect. 24. 24. (1.) The district council of every rural district shall Rurafdistrict cons ist of a chairman and councillors, and the councillors councils. shall be elected by the parishes or other areas for the election of guardians in the district. Areas for Elections op Rural District Councillors.— The areas for the election of guardians are parishes, wards of parishes, and groups of parishes. The parishes will include each part of a common law parish divided by virtue of this Act (see section 1, sub-section (3), ante, p. 4) or by an order made under section 36, post. Existing wards and groups will, no doubt, be retained, but power is given to county councils and joint Rural District Councillors. Vol committees to divide parishes into wards, and to unite them tor the Sect. 21. purposes of the election of guardians and rural district councillor-. - — Section 60, sab-sections (1) and (3), post. The union of parishes for ^"' fc ' thi> purpose must nol be confused with the grouping of parishes for purposes of parish councils, as to which see section 1, sub-section (1). ante, section 38, and section 55, sub-section (V),post. As to the meaning of the expression •■rural district," see section 21, sub-section (2), ante, p. 126. (2.) The number of councillors for each parish or other Sub-sect. (2). area in a rural district shall be the same as the number of guardians for that parish or area. Number of Rural District Councillors.— Sec the next sub- tion under which the district councillors for any rural area arc constituted the guardians for that area. (3.) The district councillors for any parish or other area Sub-secl. (3). in a rural district shall be the representatives of that paiish or area on the board of guardians, and when acting in that capacity shall be deemed to be guardians ■ the poor, and guardians as such shall not be elected for that parish or area. Rural District < ouncillors to be Guardians.— It may here be pointed out that under this Act boards of guardians will be composed 1>m sentath i s of both urban and rural parishes. In au urban parish, however, both guardians and district councillors must be elected. Hut in a rural parish district councillors only will be elected to represent the -h both on the rural districl council and on the board of guardians. In other word- u rural district councillor will also be a guardian for his -ii. It should bo borne in mind that the guardians arc a distinct body having duties and jurisdiction altogether different from the district council, and this will be the case even where the union and the rural district b (I.) The provisions of this Act with respoct to the Sub-sect. (4). qualification, election, and term of office and retirement of guardians, and to the qualification of the chairman ol the board of ms, shaLl applj to districl councillors and to the chairman of the districl council ol a rural id ;ni\ i qualified to be a guardian for a union comprising tl all be qualified to be a di8t] Qcillor for the district. Qualifioatio of Rural Districi Councillors. The pro* : red to are contained n 20, antt . p. L21, et n .) Seot. 24. The disqualifications of a district councillor or guardian are Bel oul in - — section 16, post. The chairman will be a justice of the peace by virtue of section 22, ante, p. 1l'7. The concluding words of the foregoing sub-section should be noticed. A person may be qualified as a parochial electoror resident, though his qualification is nol within the district. It is sufficient ii' it is within a anion comprising the district. Sni -sect. (5). (5.) Where a rural sanitary district is on the appoint > il 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 pur- suance 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 38 & 39 Vict, 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 admin- istered 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 distinct, and the same shall be credited or charged separately to the district. Rural District in .more than One County. — This provision will take effect without any order, under section 36, post, but it is one of the cases which the county council, or rather the joint committee, are to take into consideration under that section. It would appear that under that section the county council may for special reasons direct that the rural district may remain in two counties notwithstanding the above provision. Rueal District with less than Five ("ouncillors. — The provisions of section 9 of the Public Health Act, 1875, in so far as they are not repealed by this Act, are as follow: " Where the number of elective guardians is less than rive, the Local Government Hoard may, from time to time, by Order nominate such number of persons as may be necessary to make up that number from owners or occupiers of Rural District Councils. 133 property situated within the rural district of a value sufficient to Sect. 24. qualify them a< elective guardians for the union, and the persons so nominated shall be entitled to act and vote as members of the rural authority, but not farther or otherwise." This power will have to be exercised unless a temporary order is made in manner provided by the text. When- such order is made the provision as to separate accounts will have to lie attended to. It should be noticed that section 36, sub-section (\), provides for the county council dealing with every rural district which will have less than five elected councillors. In such a case, unless the county council for special reasons otherwise direct, the district is to be united to some ghbouring district or districts. If no order Eor uniting the district with a neighbouring district is made, and the county council direct, under section 36, that such union shall not be made, the provision in the text will become applicable. (6.) The said provisions of section nine of the Public Sub-sect. (U). 1 Lealth Act, 1875, shall apply to the district council of a rural district to which they apply at the passing of this Act. Rural District with i.kss than Five (mxcillors. — These provisions have been set out in the notes to the preceding sub-section. It should be observed thai section '.> of the Act of 1 s7."> is of wider application than the provision in sub-section (•">), which is limited to - in which rural districts arc divided by reason of their being in two counties. The case to which section !> applies is one in which one or more urban districts have been created within a union, leaving only a small rural district outside. district council for a rural district shall be Sub-sect. (7"). ;i body corporate by the name of the district council with the addition of the name of the district, or if there i- any doubt as to the latter name, of such name as the lincil direct, and shall have p d succes- sion and a common seal, and may hold Land for the pn heir pi and duties w it tioul licence in moil ma no» of l;i B \ i. Disi i : 1 1 i < -This provision maybe compared with section 3, sub-section (si. It will !»■ observed that tin council have a common -oil, while a parish council DOt. ■ tion 7 '.i the Public h Act. I- Thc council mu-t give the rural district n name when old district ha- been dh idi ond V.ct. :; i The Local Govdrmndnt Act, L894. gnprf 24 Hitherto there has been no need of this provision, for the board of guardians was already a corporate body, and by section 9 of the Public Vote. Health Act, 1875, the guardians were declared to be the same bod] as the rural sanitary authority. Sect. 25. 25. (!■•) - Xs n '" m ''"' appointed day, there shall be ,, — - bransferred to the district council of every rural district lowers 01 .... district council all the powers, duties, and liabilities of the rural t" r "tarv° t sanitary authority in the district, and of any highway ami highway authority in the district, and highway boards shall cease matters. ^ Q ex | s ^ an( j rura i 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 hun- 38 & 39 Vict, dred and forty-eight of the Public Health Act, 1875, and c - 55 - 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. POWERS Tkaxskkimiki) TO RURAL DISTRICT COUNCIL. — (1.) Powers, Stc., of a rural sanitary authority. These arise chiefly under the Public Health Art, L875, and the Acts amending that Aet ; also under other Acts which impose duties ami confer powers upon antral sanitary authority as such. All these Acts will be found in "Lumley's Public Health." (2.) Powers of a highway authority. This must be read subjeel to the proviso in the text under which the transfer of highway powers.may he postponed. Bui whether the provisions as to highway powers come into operation at once or are postponed this is one of the most important provisions in the Act, for it practically abolishes highway authorities as such. At the present time, there are lour classes of highway autho- rities in the country : — (1.) The urban authority of an urban district are the highway authority for that district. This applies to boroughs, improvement Act districts, and local board districts. (2.) In highway parishes, that is to say, parishes not comprised in an urban district or a highway board district, the highway authority is the surveyor of high- ways, who is appointed annually by the vestry under the Highway Act. 1835. (3.) In highway districts, thai is to say, in districts comprising Uural District Council : Highways. 135 a number of parishes grouped together for the purpose of highway Sect. 25. administration under the Highway Acts, L 862 and lstU, the highway authority is the highway board. Its numbers consist of waywardens . * elected by the vestries of the several parishes, townships, or places com- prised within the district. (4.) Under the Act of L878 (41 ,v; 42 Vict. c. 77). in some cases where the rural sanitary district is coincident with the highway district the rural authority may be constituted the highway board and exercise within the district all the powers of the highway board. The effect of the provision in the text is to abolish the last three classes of highway authorities and to make the rural district council the highway authority for the rural district. The effect of the application of section- 144 to 1 l much misapprehension on the subject of rights of common. These consist strictly of the rights of tenants of a manor, whether freeholders or commoners, over the waste lands of the manor, which bebmg to the lord of the manor subject to such rights. They may consist of common of pasture, of turbary, estovers, loldagc, or the. like. The public, as such, have, in strictness, no rights of common, but there may be in the inhabitants of any particular village or district a right depending on ancient custom to use the wastes or part of them fur purposes of recreation. Sec Hall \. Nottingham, 1 Ex. D. 1, and the cases therein cited. the Commons Act, l s 7t>. contains important provisions, and it may be convenient to sel it out in full. It is necessary now to substitute the Board of Agriculture for the Enclosure Commissioners tion. The duties of these commissioners were by 15 ,v. 4b Vict. e. 38, s. 18, transferred to the Land Commissioners, and by 52 & 53 Vict. c. 30, s. 2, to the Board oi Agriculture. The fol- lowing i- the text of the Bection : — Suburban Commons. — 8. "Noticeof any application under this Act in relation to :i common which is situate cither wholly or partly in any town or town-, or within six miles of any town or towns (which com- mon SO situate is in this Act referred to as a suburban common) shall I ;i- soon a- may be on the urban sanitary authority or autho- - baring jurisdiction over Mich town or town-, and it shall be law- ful for the urban sanitary authority ol u town to appear befo the assistant »ioner on the occasion of bis holding a local in- quiry as in this Act mentioned, and also to app ar before the Enclosure Con tnd to make to him or them, at any time during the pro- in relation to obtaining a provisional order under this Act, -neb representations as they may think tit with respect to the expe- ncj or mi icy of such application, regard being had to the health, comfort, and convenience of the inhabitants of the town over which snch authority has jurisdiction, and to propose to him or them such provisions as ma] appear to BUcb urban authority to be proper, •• An in' try authority entitled to receive notice of an appli- >!i in relation to :i suburban common ma] . with the sanction of the Inclosure Commissioners, enter into an undertaking to contribute out of their funds for or t the maintenance of recreation grounds, or 1 10 The Local Government Ad, 1894. Xott g E) . ng i>i paths or roads, or the doing any other matter or thing for the benefit of their town in relation to the common on which such application relates. ■ l !h\ may also, in relation to an] such common, and with such sane - tion :i- aforesaid, enter into an undertaking to pay compensation in respeel to the rights of commoners, Eor the purpose of securing greater privileges for the benefit of their town. •• An urban sanitary authority may acquire by gift and hold without license in mortmain or trust tor 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 Enclosure Commissioners, in pursuance of this Act, and any rights in such a common. ••They may also in the ease of any such suburban common purchase and hold as aforesaid, with a view to prevent the extinction oi' 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 1"' affected by the provisional order, make an applica- tion 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 com- pensation or make any other payment out of its funds in respect of a common, such urban sanitary authority may. if the Inclosure Commis- sioners deem it advisable, having regard to the benefit of the neigh- bourhood, as well as private interests, be invested with such powers of management or other power- as may be expedient. •• The expenses incurred by an urban sanitary authority in pursuance of this section may be defrayed out of an] rate applicable to the pay- ment of expenses incurred by such authority in the execution of the Public Health Act. 1ST."), 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 live thousand inhabitants. ••The population of any town Eor the purposes of this Act shall be reckoned according to the last published census for the time being, and distances -hall he measured in a direct line Erom the town hall, or if re shall be no town hall, then from the cathedral or church, if there shall be oid\ 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. When part onlj of a common is situate within the aforesaid distance from a town, such part shall be deemed lor the purposes of this section to be a common separate and distinct from the part situated without and beyond such distance." District Councils : Legal Proceedings. 141 (3.) A district council may, for the purpose of carrying Sect. 26. into effect this section, institute or defend any legal s u b-^t. m proceedings, and generally take such steps as they deem expedient. al PROCEEDINGS. — This provision is to some extent explanatory of that in the preceding sub-section, which enable-; the district council to aid in maintaining rights of common. But it does not exclude other methods of aiding in the maintenance of such rights, e.g. s by a grant of money. Tt expressly enables the district council, however, to institute or defend legal proceedings if they think fit to prevent any illegal enclosure of or encroachment on a common, or the protection of a right of way. i I . ) Where a parish council have represented to the Sub-sect. (4). 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 dis- trict, 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 »lve the pow< •! duties of the district council under thio >n shall be I I to the county council. Repi trios i'.v Parish Council.— When a representation is made to tl I council undi i, i hi j musl consider it with a vii whether it is well founded or not. if they think it is well founded they musl take proceedings which may be (1) summary, tinder the Highway Act, 1835, -. 72, or I Highway Act, 1864, -. 51 ; or (2) by indictment ; or (3) by action for an injunction in the name ol the Attorney-General for the public nuisance. Ii they think it is not well founded, they may refuse to take pro inn npon snch refusal an appeal lies to the county council, who m iy thereupon take the like proceedings upon resolution in maim section 63, p< or Bteps taken by a district Sub-sei t. I in rolal ion to fcrl 1 l-_! ocal GoVi iment Act, 1894. SHOT. -Jli. of waj shall not be deemed fco be unauthorised 1>\ reason only of such right of way not being found to exist. This means thai the expenditure of a council incurred in pursuance of this section is not to be regarded as illegally incurred by reason of its being eventually found that the right of way sought to be asserted does not in fact exist. Sub-sect. (6). (6.) Nothing in this section shall affect the powers of the county council in relation to roadside wastes. Counts Councils: Roadside Wastes. — The powers of the county council as to roadside wastes depend upon section 1 1 of the Local Government Act. 1888. Thai section imposes upon the county council the duty of maintaining main roads. Main mails are mads which were formerly turnpike roads ami have been disturnpiked since the 31s1 December, 1870 ; ami such other mails as have, since Ists. been declared by the county authority to he main roads by reason of their being a medium of communication between great towns or a thoroughfare to a railway station or otherwise (4 1 & 42 Vict. c. 77. ss. Kl, L5). Under tin' section firsl above mentioned, the county council have the same powers as a highway hoard lor asserting the right of the public to the use and enjoyment of the roadside wastes. Subject. (7). (7.) Nothing in this section shall prejudice any powers exercisable by an urban authority at the passing of t] Act, and the council of every county borough shall have the additional powers conferred on a district council by this section. Saving of Powers of Urban Authorities. — This preserves to an urban sanitary authority any special highway powers which the] may possess. It is not clear why a distinction i- drawn in the text between an urban district council and the council of a county borough who arc ;m urban district council under this Act. Sect. 27. 27. (1.) As from the appointed day the powers, duties, .... ~7~ c and liabilities of justices out of session in relation to any certain powers of the matters following, that is to say — til StricT ■ I The licensin K of g an S masters ; Gan<; Masters' Licenses.— A gang master is defined in the Agricultural Gangs Ait. L867 (30 & :'>1 Vict. c. 130), to mean a person •■ who hire- children, young person-, or women with a view to their heiii.K employed in agricultural labour on lands not in his own occupa- tion." It has h< ssary for gang masters to obtain a license which before the passing of this Act have been granted under that Art by justices in petty sessions upon proof of the good character and fitness of ouncils. District Councils : Duties of Justices. 143 an applicant, but that duty is transferred by the text to district councils, Sect. 27. turban and rural, from the appointed day. An appeals lies from a ~ refusal of a license to quarter sessions. (b.) The grant of pawnbrokers' certificates ; Pawnbbokj btificates. — These have been granted by iu~tire- iii petty sessions under the Pawnbrokers Act. 1872 (35 ,v 36 \ : ... . upon notice given in accordance with section -42 of that Act, and cannot be refused except on the ground that the applicant has failed to .-factory evidence of good character, or that his shop or any adjacent property of his is frequented bj thieves or persons of l«d character, or that he has failed to comply with the requirements of the Act a- to n tion 13). This duty i- also transferred to district councils. An appeal from a refusal to -rant a certificate lie- to quarter sessions. (c.) The licensing of dealers in game ; (iame Dealers' Licenses. — A game dealer'- license has been granted by justices in Bpecial sessions under 1 & 2 WilL I. c. 32, -. is. and u|k>ii that license the person who obtain- it is enabled to take out the excise license under 23 & 24 Vict. c. 90. duty of the justices in special sessions a- to the granting of these licenses is transferred by this section to tin- district councils. There i- no appeal against the refusal of this license. ill.) The grant of licenses for passage brokers and emigrant runners ; Passage Bb . \i> Emigbant Runners. — A passage broker i- a person who Bells or lets, or i- concerned in the sale or letting of - in any -hip proceeding from the United Kingdom to any place • nit of Europe, and lio| being Within the .Mediterranean Sea. lie uiii-l in a license which ha- been -ranted by the justices in petty sessions. An emigrant runner i- a person other than a licensed passage broker or hi- hmii'i fide salaried clerk who. within any pori or place of shipping, or within live mile- .,t the outer boundaries thereof, for hire or reward, or the expectancy thereof, -hall, directly or indirectly, conduct, solicit, infln immend any intending emigrant to or on behalf of any passage broker, owner, charterer, or master of :1 -hip, lodging-house, hotel, or shopkeeper, noj lender, or other dealer or chapman, for am purpose connected with the preparation or arrangements for a passage, nd to give to -mil intending emigrant assistance iu emigration. An emigrant runner also requires a license hithi ted by justices in petty sessions whirl, he obtains only upon the recommendation of an emigrant officer or of a chief nonstable or other head of police of the district or place. [*he a and emigrant runner- an- I 8 & 19 Vjei 1 i i The Lot iimriii Act, L894. g E( ,. oy c. 119, ss. 3, 66 — 71, 75 — 81, and 35 & 36 Vict. c. 73, s.5. Thedutyof ilic justices in granting these certificates is transferred by this section to v the district council. (,M The abolM Ion oi fairs and alteration of days for holding fairs ; FAIRS.— The Fairs Act. 1871 CM Vict. c. 12), provides thai upon representation duly made to him by the magistrates of any petty ses- sional districts within which any fair is held, or by the owner of any fair, that it would be for the convenience and advantage of the public- thai anj -iich fair shall be abolished, the Home Secretary may, with the consent of the owner of the fair, order its abolition. The Fairs Act. 1873 (86 & 37 Vict. c. 37), enables the Home Secretary, upon the like representation, to order that any fair shall be held upon other days than those on which it used to be held. The representations which have hitherto been made by justices under these Ads will for the future be made ley the district councils. Under both Acts advertisements of the representation and of the order < Lf any) of the Hume Secretary must be published. ( /'.) The execution as the local authority of the Acts relating to petroleum and infant life protection ; when arising within a county district, shall be transferred to the district council of the district. Petroleum Acts. — These Act- are under 34 & 35 Vict. c. 105; 12 & 13 Vict. c. 17; and 44 & 45 Vict. c. 67. In urban districts, the local authority for the execution of these A.cts has hitherto been the corporation, the local board, or improvement commissioners, as the case may be, and in rural districts the justices in petty sessions. The local authority in every district will Tor the future lie the district council. The Enfant Life Protection Act is the 35 & 36 Vict. c. 38. It was passed lor the purpose of regulating baby-farming, and it, requires local authorities to keep a register of all persons authorised to receive children under the age of one year for the purpose of nursing or maintaining such children apart from their parents. The local authorities under this Act are, in boroughs, the councils, and in counties, the justices in petty sessions, hut will in future be the district councils in all cases. Sub-sect. (2). (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 trans- ferred to the district council of the district. The term " county district " includes every urban and rural district whether a borough or not. ante, p. 126, section 21, sub-section (3). Knackers" Yards. — The licenses above referred to are those granted by quarter sessions under 26 Geo, :: : c. 71, ss. 1, -', 13. That section Expenses of Urban District Council. 145 provides that no person shall keep or use any house or place for the Sect. 27. purpose of killing any horses or other cattle which are not killed for — — butcher's meat without taking out a license for that purpose at the " " e ' quarter sessi ins. A license under the Act is granted upon certificate under the hands and seals of the minister and churchwardens or over- seers, or of the minister and two householders of the parish wherein the applicant for the license may dwell, that he is lit and proper to be trusted with the management or carrying on of the business. The 26 Geo. :'•. c. 71. is amended by 7 & 8 Vict. c. 87. which provide- that a license under the former Act shall continue for a year only, ami may under certain circumstances lie cancelled by quarter sessions. A license under the above Act is quite distinct from the slaughter- house license granted by urban authorities under the Public Health Act, 1875, s. 169. In some cases both licenses have been necessary, but the necessity for this will practically disappear where both licenses have to be granted by the same body, that is, by the district council. (3.) All fees payable in respect of the powers, duties, Sub-sect. (3). and liabilities transferred by this section shall be payable to the district council. 28. The expenses incurred by the council of an urban Sect. 28. district in the execution of the additional powers con- ,. 1 Expenses ferred on the council by this Act shall, subject to the of urban provisions of this Act, be defrayed in a borough out of distn< :j ; 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 execu- 9«&39Vict tion of the Public Health Act, 1870. c. 55. Expenses of i rbah District Council. Section 209 of the Public Health Act, i s 7".. provides that " in the district of every urban authority whose expenses under this Act are directed to be defrayed out of the district fund, I era] district rate, there shall be con- tinued or established, a fund called the district fund;" a separate account is to be kept of all moneys carried under the Act to the account of that fund, "and such moneys shall be applied by the urban authority in defra h of the expenses chargeable thereon, under this Act as they may think proper." And section 210 provides that "for the purpose of defraying any expenses chargeable on the district fund which that fund is insuffii ienl to meet the urban authority, shall from time to time -ion may require, make by writing under then common seal and and levy in addition to any other rate leviable by them under tbi- Act, a rate or rati - to be called" general district rates." It should be mentioned that the expenses oJ an urban authority under the Public Health Act, L875, are payable out oi tb ra] district rate, except in the cases mentioned in section 207 of the same Act 146 The Local Government Act, L894. Sect. 29. 29. The expenses incurred by the council of a rural ,. — f district shall, subject to the provisions of this Act, be expenses <>t ■ rural district defrayed in manner directed l>\ the Public Health Act, culUK ' 11 ' L875, with respect to expenses incurred in the execution of that Act by a rural sanitary authority, and the pro- visions 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 : EXPENSES of Kural District Council. — Provisions for the defraying of these expenses are contained in sections 229 — 232 of the Public Health Act, 1875. General and Special Expenses.— Section 229 of the Public Health Act. 1ST."., provides as follows :— "The expenses incurred by a rural authority in the execution of this Act shall lie divided into general expenses and special expenses. •• General expenses (other than those chargeable on owners and occu- piers 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, mainten- ance, and cleansing of sewers in any contributory place within the dis- trict, the providing a supply of water to any such place, and maintain- ing any necessary works for that purpose, if and so far as the expenses of such supply and 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 lot- any contributory ] .lace, and all other expenses incurred or payable by the rural authority in or in respect of any contributory place within the district, and determined by order of the Local Government Board to be special expenses "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 the purposes of this Act. that is to say :— (1) 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 Expenses of Rural District Council. 147 an urban district : and (2) Every such special drainage district as afore- SECT. 29. arid ; 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 Nate. as aforesaid, such portion of that parish as is not comprised within such special drainage district ; and (I) In the case of a parish, a part of which is Bitnated 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." It may be mentioned here that a special drainage district may be formed under the Public Health Act, 1875, s. 277. It may consist of portions of several parishes, and the object of creating it is to throw upon it- area the charges in connection with works of sewerage, water supply, or the like, which have been provided for its benefit as distin- guished from the remaining area of the rural district. A contributory place may be a special drainage district, or a part of a parish excluded from such district. In the case of a parish partly within an urban district, the excluded portion is a separate contributory place. The manner in which the expenses are raised out of the several con- tributory places in the district is provided for by section 230 of the Public Health Act. 1875, which, so far as is now material, provides as follows : — "For the purpose of obtaining payment from the several con- tributory places within their district of the sums to be contributed by them, the rural authority -hull issue their precept to the overseers of each -iicli 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 Bpecial expense-, or to make such expenses respectively separate item- in any precepi including both classes of expenses. •• Where a contributory place is part of a parish a- defined by this Act, the overseer- of such parish -ball Eor the purposes of this Act be deemed to be the overseers of Buch contributory place, and where any part "I a contributory place i- part of a parish the overseers of such pari-h shall for the like purposes !>,■ deemed to be the overseers of such part of such contributory place. ••'I i: i- -ball comply with the requisitions of such precept by paying the contribution required in respect of general expenses out of the poor rate oi their respective parishes, and with respect to special expenses by raising the contribution required by the lew (in the case ii entire parish "ii the whole of such parish, and in the case of a tributary place or part "f a contributory place forming part of a puri-h. by the lew on such place, or Buch part thereof, exclusive "i the oi the parish ) oi a separate rate in the same manner as if it were a rate for the relict o| the poor, with thi- exception : (nam •■That tin- owner of any tithe-, or of any tithe commutation rent- charge, or the occupier of any land Used a- arable, meailou, or pasl and only, or a- woodlands, market garden-, or l2 148 The Local Government Act, 1894. ^ECT 29 nursery grounds, and the occupier of any land covered with — water, or used a8 a canal or towing path for the same, or as a *'"''■ railway constructed under the powers of any Act <>f Parlia- ment for public conveyance, shall, where a special assessment is made for the purpose of SUCh rate, lie assessed in respect of one-fourth pari 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 reaped of houses and other property: Provided that where the amount required by any precept or precepts from a contributory place in respect of special expenses is less than ten pounds, or i- so small that a rati' 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 required from them in respect of general expenses. "A separate rate under this section shall, as respects the power 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 ex- emption 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 | r ; 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 contributory place or such part thereof formed the whole of their parish. "Where a contribution for general expenses is required from a con- tributory 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 an addition to the poor rate or by a separate rate to be assessed, made, allowed, published, collected, and levied in the same manner as a poor rate. The officers ordinarily employed in the collection of the poor rate shall, if required by the overseers, collect any separate rate made under this section, and receive out of such separate rate such remunera- tion for the additional duty as the overseers, witli the consent of the vestry, may determine." The provisions of this section have been set out fully, for it is neces- sary to refer to them in order to appreciate the modifications introduced by the text. Highway Expenses. — The first of these modifications relates to highway expenses. Hitherto in a highway parish, the highway rate has Expenses of Rural District Council. 149 heen made by the surveyor of highways upon all property rated to the SECT. 29. relief of the poor. This rate was an equal rate, that is to say. it was levied equally upon all kinds of property, but it must not have exceeded - "* e ' at any one time the -um of lOd. in the pound or the sum of 2*. 6d. in the pound in the whole in any one year without the consenl of four-fifths of the inhabitants present at a meeting called specially for the purpose, Highway Act. 1835 (.". & 6 Will. 4. c. 50), ss. 27 — l'!>. In highway districts, whichare combinations of parishes made by the quarter sessions. the expenses of highways, have been, since 1S78, borne by the common fund raised out of the several parishes according to the rateable value of each. 41 & 12 Vict. c. 78, s. 7. In such case the rates in each parish were equal rates. The first provision intheabove section will, therefore, make no change in the incidence of rates for highway purposes. These will be borne equally by all knds of rateable property. (b.) When the Local Government Board determine any expenses under this Act to be special ex- penses 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 Public 38 & •}[» Vict. Health Act, 1875 : c. 55. Ordeb making Special Expenses Payable as General Expenses. The Recond modification is an important one. It ha- heen noticed that under section 229 of the Public Health Act the Local Govern- ment Board maj ordi penses which would otherwise be payable as general expenses, to be defrayed a- special expenses chargeable upon a particular contributory place. Hitherto, when such an order has heen made, the expenses have had to he defrayed ouf of a special rate levied in manner provided l,\ section 230, bul such rate i- not equal, for the properties enumerated in section 230 arc rated onlj at one-fourth of i rateable value. Henceforth, when an order i- made relating to expense* which would, if not Re|>aratel] chargeable on a contributory place, lie raised a- general expi rises, the Local < lovernmenl Board may direct thai the 8|>ccial expenses shall be raised as general expense-, that i- to say, "in ot an equal rate- to which all properties "ill be rateable at their full value. ('■■) A distrid council shall have the Bame power <>f charging highwa under exceptional circumstances "it a contributory place as a high- way board has in respect of an) area under 150 The Local Government Act, 1894. Be< r. 29. II \ 12 Vict. section seven of tin- Highways and Locomotives (Amendment) Act, 1878 : 0.77. UlcilWAV BXPEKSBS IN PAETS OF DlSTEICTS. — Section 7 of the Highways and Locomotives (Amendment) Act, 1878, after enacting thai the expenses of a highway board shall be deemed to have been incurred Eor the common use or benefit of the several parishes within their district and shall be charged on the district fund, contains a proviso that "if a highway board think it just by reason of natural differences of soil or locality, or other exceptional circumstances, thai any parish or parishes within their district should hear the expenses 6f maintaining its or their 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 expense- payable by such highway hoard in respect of maintaining and keeping in repair the highways situate in each such part ; so, never- theless, that each such part shall consist of one or more highway parish or highway parishes." This power of dividing their district into parts for the purpose of charging the expenses of the highways in each part upon such part separately will be exercisable by a district council (where it has beeome the highway authority unter section 25, ante), with the approval of the county council. (cl.) 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 pro- perty or funds by way of reduction of the rates on the parish or area. The fourth modification applies where any parish has property pro- ducing an income applicable in relief of highway rates. Such a parish will still he entitled to the benefit of that property. See section 8, sub- section (2), and notes, ante, p. 'A. Sect. 30. 30. The provisions of this Part of this Act respecting guardians shall apply to the administrative county of London and to every county borough. Guardians in London and county boroughs. Sect. 31. Provisions as to London \e-trie- and district board- Tin' provisions of this Part of this A.ct respecting guardians are con- tained in section 20, ante, p. L21. 31. (1-) 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 London Vestries and District Boards. 151 mode of conducting the election, shall apply as if members Sect. 31. of the'local board of Woolwich and the vestries elected under the Metropolis Management Acts, 1855 to 1890, 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 tbe 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 48 Vict. c. 10. to the said vestries. London Vestries and District Boards. — The qualification of elector- of urban district councillors and of the persons to he elected is provided for by section 23 ; the disqualifications of persons to be ted arc contained in section 16; the mode of conducting the bion will be regulated by rules of the Local Government Board made under section 23, sub-section (5), subjecl to the special provisions contained in section 18, post. These provisions are applied by the text to the election of members of the Woolwich Local Board and the metropolitan vestries. Woolwich. — Woolwich was created a local board district by pro- visional order confirmed by 15 & L6 Vict. c. 69, ss. 1,2, I. BylS&H) Vict. c. 120, b. 238, it was brought within the jurisdiction of the Metropolitan Board of Works for certain purposes, and for these pur- poses it is -till part of the- metropolis and subjecl to the London County Council. The Public Health Act, 1875, did not apply to the metropolis, which, a I by section I of thai Act, included Woolwich. Now. section In:.' of the Public Health ( l.ondo,, | Act, L891, the provisions of the Public Health Act8 6e1 out in the Second Schedule of that Act, ir as they are superseded by thai Act, apply to the parish and local board of Woolwich. The Woolwich Local Board will now be elected in like- manner as an urban district council under this Act. Mi. i ropolitah Vestries.— The metropolitan vestries have hitherto been elected in each of the parishes of the metropolis mentioned in the - hedules to the Mctro]>olis Management Act, 1855. Mend,, i have hitherto had to possess a rating quali- ties under section 6 ol 18 & 19 Vict. c. 120, and ss. L3 -27 of the lame Acl regulated the mode of election. These tions are now aled by this Act, and the members of these vestries will now be elected in the same manner as urban districl councillors. No qualifica- tion will be •• a- provided by section 23 (2). ante, p. 128. The electors will bethep b I electors (section 23, sub-section (3) ), The Local Government Act, 1894. Skct. 31. «Ii" in the count) of London are the persons who would be parochial electors if the parish were a rural one (section 75, sub-section (_ ) '). Sec -'''<''• the notes to section 1 1, post. The parish auditors are to be elected in the Bame way. They are elected at the same time as the members of the vestry under L8 & l!> Vict. c. L20, s. 11. Chairman. — See the nexi sub-section. No person is to be ex officio chairman of a vestry. Hut the text does not provide thai there shall he no ex officio members of the vestry, and it is not dear that the incumbent and churchwardens, who are members of the vestry by 18 & 19 Vict, c 120, s. 2, will cease to he members, for section 23, sub-section (1), dues not apply to London, and the provisions of this section applying to London certain provisions of the Act do not appear to apply section 23, sub-section (1). Members of District Boards.— These will apparently be elected by the vestries as formerly, but the text alters the qualification of the persons to be elected : the qualification will now be that prescribed by section 23, sub-section (2), ante, p. 128. Elections (Hours of Toll) Act. 1885.— Under this Act the poll must be kept open from 8 A.M. to 8 P.M. But this provision applies only to the election of members of vestries. At an election of guardians the rules will prescribe the hours of polling. See sections 30 and 48, sub-section (2). First Elections.— These will take place on the 8th of November, 1S!)4. unless the Local Government Board prescribe a later day. See section 84, sub-section (1), post. Sub-sect. (2). (2.) Each of the said vestries, except those electing district boards, and each of 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 c S l20 ° ViCt ' Mana S emeut Act > 1855 > shall apply only in case of the absence of such chairman, 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. Chairman. — No provision is made for the election of a chairman of a vestry which elects a district board, though the preceding section provides that there shall be no c.r officio chairman. The provisions of the Act with respect to chairmen being justices are contained in section 22, ante, p. 127. But the chairmen of vestries electing district boards will not apparently be justices. I uder section 1 1 of 18 & L9 Vict. c. 120, a chairman must be elected Application of Act to County Boroughs. 153 Note. at every meeting of a district board, and such chairman, in case of an SECT. 31. equality of votes on any question, shall have a second or casting vote. This is now to apply only in the absence of the chairman elected for the year, but the text appears to deprive the annually elected chairman of a casting vote. (3.) Nothing in any local and personal Act shall pre- Sub-sect. (3). vent any vestry in the county of London from holding their meeting at such time as may be directed by the vestry. Time of Meeting of Vestry. — The 25 & 26 Vict. c. 102, s. 87, provides that every vestry and district board may hold their meetings on such days of the week, except Sundays, as they may from time to time determine, notwithstanding any provision to the contrary con- tained in any local Act. and that any business which by any local or other Act of Parliament or custom should be done by any such vestry on a certain day. may be done at any meeting of such vestry duly convened for the purpose, and held within seven days next before or after such certain day as aforesaid : Provided that where the hour or time for holding such meetings is fixed by the local Act, they shall continue to be held at the same hour or time. This proviso appears to in- superseded by the text. 32. The provisions of this Part of this Act respecting Sect. 32. the powers, duties, and liabilities of justices out of Application session, or of quarter sessions, which are transferred to a to county T rict council, shall apply to a county borough as if it prov isionsas were an urban district, and the county borough council to transfer ,. . ., of justices' were a district council. powers. Theprovi-ionsof this Act here referred to are contained in section 27, ante, p. 112. These powers, duties, and liabilities arc to he trans- ferred to the council of a county borough, a- in the case of any other urban district council, this express provision being rendered necessary by section :;.">. pott. 33. (1.) The Local Government Board may, on the Sect. 33. application of the council of any municipal borough, p owe 7to including a county borough, or of any other urban apply certain district, make an order conferring on that council OL ' v7to wri/m bod) within the borough or districts and district all or anj of the following matters, namely, tin; '""'""• appointment of overseers and assistant ovi , the revocation of appointment ol ant overseers, any powers, duties, or Liabilities oi overset rs, and any powers, L54 Government Act, 1894. Sect. 83. duties, or liabilities of a parish council, and applying with the necessary modifications the provisions of this Act with reference thereto. Overseers in Urban Districts and in London.— In urban districts and in the metropolis the overseers and assistant overseers will be appointed as formerly, unless an order is made under this sub- section. The present mode of appointing overseers and assistant overseers is stated in the Dotes to section ~>. ante, p. l'C. The powers conferred by an order under this section may be given to the urban district council or to any other representative body within the district. There is no definition of a representative body, but it may include the guardians if the union is included within the borough. The revocation of the appointment of an assistant overseer has hitherto been in the discretion of the vestry, under 59 Geo. 3, c. 12, s. 7. The transfer of the powers of overseers is important. These powers may include the preparation of the valuation lists, though the approval of the valuation lists will still he the duty of the union assessment committee ; also the making of the poor rate, though that will have to In allowed by justices and published as heretofore. The powers, duties, and liabilities of a parish council which may be conferred under this section are contained in the First Part of this Act. Mib-sect.(2). (2.) Where 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 admin- istering 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. Charities in Urban Parishes.— The exercise of the powers hereby conferred is left to the discretion of the Local Government Board, hut that board will probably act only upon a representation made to them by tin: inhabitants or representatives of the parish interested either before an order is originally made under the preceding sub-section or afterwards. And see sub-section (5), post. This sub-section appears to be a modification of section 14, sub- section- (2) and (.'!). ante, p. 'M. under which a parish council have power to appoint trustees of parish charities. If no order is made Urban District Councils. 155 under the above provision these powers of the parish council may be Sect. 33 transferred to the borough or urban council under the preceding sub- section. Note. It sbould be observed that the order can only be made when the borough or district is divided into wards. (3.) Any order under this section may provide for its Sub-sect. (3). operation extending either to the whole or to specified parts of the area of the borough or urban district, and may make such provisions as seem necessary for carrying the order into effect. This provision requires no comment. It enables the powers con- ferred by the previous sub-section to be limited to particular areas within the borough or district, but it gives no indication of the cases in which such a restriction should be imposed. It is difficult to suggest such cases. (4.) The order shall not alter the incidence of any rate, Sub-sect. (4). and shall make such provisions as may seem necessary and just for the preservation of the existing interests of paid officers. The provision as to the incidence of the rate seems to have been iiiM-rted ex cemteld, for it is not apparent how an order under this section could alter the incidence of any rate. The provision as to officers may have reference to the protection of such officers as an assistant overseer, collector, or vestry clerk. For this purpose the order may apply some of the provisions of section 81, section (7 ). a ting officers. (5.) An order under this section may also be made on Sub-sect. (5). the application of any representative body within a borough or district. The use of the word "also" refers apparently to Bub-section (1). miller which the order may be made on the application of the borough or district council. The expression " representative body" has been referred to in the notes to thai sub-section. An order tinder rab-section (2) may also be made on the application "i a representative body. 16.) The provisions "I this section respecting councils Sub-sect. (6). of urban districts shall apply to the administrative county of London in like manner as if the district of each Banitar) authority in that countj were an urban L56 The Local Government Act. 1894. Sect. 33. district, and the sanitary authority were the council of that district. The sanitary authorities in the county of London are the vestries and district boards. See the Public Health (London) Act, 1891, s. 99. Sub-sort. (7). (7.) The Local Government Board shall consult the Charity Commissioners before making any order under this section with respect to any charity. It will be noticed that this provision does not make the approval of the Charity Commissioners necessary to the validity of an order made by the board with respect to a charity ; their approval is necessary in the case of a similar order as to a charity made by a county council, under section 36, sub-section (3). As to the Charity Commissioners, see note to section 14, sub- section (1), ante, p. 96. Sect. 34. 34. Where an order of the Local Government Board Supplemental un( ^ er this Act confers on the council of an urban district, or some other representative body within the district, either the appointment of overseers and assistant over- seers, 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 Bate Assessment and Collection Act, 1869. provisions as to control "I' overseers in urban district. 32 & 33 Vict. c.41. Powers op the Vestry under the Poor Kate Assessment and Collection Act, 1869. — Section 3 of this Act provides that in case the rateable value of any hereditament does not exceed 20/. if the hereditament is situate in the metropolis, or 131. if situate in any parish wholly or partly within the borough of Liverpool, or 10/. if situate wholly or partly within the city of Manchester or the borough of Birmingham, or 8/. 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 whether 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 him a commission not exceeding 25 per cent, on the amount thereof. Section J provides that the vestry of any parish may from time to time order that the owners of all rateable hereditaments to which section 3 of this Act extends, situate within such parish, shall be rated to the poor rate in respect of such rateable hereditaments, instead of Urban District Councils : Bating. 157 the occupier-, on all rates made after the date of such order ; and there- Sect. 34. upon and as long as such order shall be in force the following enact- ments shall have effect : — 1. The overseers shall rate the owners - " ' • instead of the occupiers, and shall allow to them an abatement or deduction of L5 per cent, from the amount of the rate. 2. If the owner of one or more of such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for anyterm, not [i ss than one year, in respect of all such rateable hereditaments of which he ia owner, whether the same be occupied or not, the overseers shall rate such owner accordingly, and allow to him a further abate- ment or deduction not exceeding 15 per cent, from the amount of the rate during the time he i- so rated. 3. The vestry may by resolution ind any such order after a day to be fixed by them, such day not Iteinii less than six month- after the passing of such involution, 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. The effect of the provisions in the text is that when an order has been made under section :'.:! giving to the council of the borough or district, or to some repr< sentatiye body, either the power of appointment of overseers and assistant overseers, nr the powers. &c, of overseers, the powers of the vestry under the foregoing section- may lie trans- ferred to such council or representative body. Where only the power of appointing overseers and assistant overseers is conferred, the over- seers will act under section 3, subject to the control of the council or body ; and the overseers must give effect to any resolution of the council under section 1. Where the powers of overseers are conferred by the order, the council, in the exercise of the powers under section 3, may be freed from the control of the vestry, and any resolution made by them under section I will be carried out by themselves or rescinded by them in manner provided by that section. add be observed that an agreement made by an owner under these -c< lion-, though purporting to be made for a term of years, is in force only bo long a- the hereditaments rated are under the values ■j :;. Vorwood QOvi rsei rs of) v. Salter, L. R. (1892) _' (i V,. 118; 56 .1. 1'. :,:;:,. It may be well to mention here thai where an owner pays the rates or i- rated under the above sections, the occupier is deemed to be rated and to pay the rate tor die purpose of any qualification or franchise • ading upon ruling im "ii- 7 and 19 of the Act. 35. ally provided by this Act, this Part of Sect. 35. this Act shall not apply bo bhe administrative county °f R -ti-i ti« »n-i London or to a count> borough. on application of .\c| lo The -pe.) 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 ward-. 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 lie prescribed and such Areas and Boundaries. 159 other inquiry and notices (if an}-) as they think lit. and if Sect. 36. I hat such proposal is desirable, may make an order fpr the same accordingly. JSote. •• (2.) Notice of the provisions of the order shall be given and copies thereof shall l>e supplied in the prescribed manner and other- wise 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 ward- or of the boundaries of a ward, or of the number of the members of a district council or of the app ir- tionment of the members among the wards, shall come into operation 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 mouths after such notice of the provisions of the order as the Local Government id determine to b ret notice, the council of any dis- trict affected ly the order, or any number of county elector- registered in that district or in any ward of that district, not being less than one-sixth of the total number of elector- in that district or ward, or if the order relates only to a parish. any number of county electors registered in that parish not bei an one-sixth of the total number of electors in that parish, petition the Loral Government Hoard to disallow the order, the Local Government Board -hall cause to be made a local inquiry, and determine whether the order is to be con- firmed or not. •• (4.) If any Buch petition is not presented, or being presented is with- drawn, the l.oeal ( io\ eminent Boa i-d -hall confirm the order. . » The Local Government Board, on confirming the order, may make such modification- therein a- they consider necessary for carrying id cts of the order. An order under thi- section, when confirmed by the Local .eminent Board, shall be forthwith laid upon the table of both Houses of Parliament, if Parliament I sitting, and, if not. forthwith after the then next meeting of Parliament. ■• (7.; T ii shall be in addition to, and not in derogation of, anj of the Local Government Board in respect of the or alteration of parish An Order has been made (under section 80 (2), post) by the Local Go I iie l'.'imI of March, 1894, and i< follow- : — ■■ Article 1.— Thi- < >rder shall, unless We -hall others ise direct, n •ii :>1 of the Local < rovernmenl Act, 1888, in all cases in tin yi ir one thousand eighl hundred and ninety-four I the pi!. | the Local i tmenf Act, ] i unme- which ■ nquiry ha- been the date Of thi and tie I I the 160 T/n- Local Government Act, 1894. SECT, 36. fourteenth day of September, one thousand eight hundred and eighty- ~ nine, shall not apply in any case to which this < >rder applies, •• Article 2. — (1.) A local inquiry, at which all persona interested may attend and be heard, shall, prior to any Order being made by a county council under section 57 of the Local Government Act. 1888, be held in regard to the proposal, cither by a committee of the county council, or by Borne person appointed by the county council to hold such inquiry, as the council may direct. ••(2.) The said inquiry shall, unless the county council otherwise determine, be held at some convenient place in the county district, or in one of the county districts, proposed to be dealt with, or in the county district within which is situate the parish. or one of the parishes, pro- posed to be dealt with, or at such place in the neighbourhood as may, in the opinion of the committee or person by whom the inquiry is to be helil. be most convenient for the purpose. •■ (3.) At least ten days 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 some local newspaper circulating in the locality to which the proposal relates. "Article 3. — 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 inquiry shall also be published in the manner hereinafter prescribed, and shall be sent to the several Govern- ment Departments and local or other authorities hereinafter specified; that is to say, — (1.) A copy of the said notice shall be posted as a bill or placard in such places in the county district or districts or parish or parishes interested in the proposal as are ordinarily made use of lor posting public or parochial notices. (2.) In any case where the proposal relates to the alteration of or other dealing with any sanitary district, a copy of the notice shall he sent by the county council to the sanitary authority of such district. (3.) In any cum- where the proposal relates to the alteration of or other dealing with any parish a copy of the notice shall lie sent by the conn!)' council to the overseers of the poor of such parish ; to the guardians of the poor of the union in which such parish is comprised ; to the school hoard (if any) for such parish or lor any part thereof; to the highway authority or authorities of the parish : to the burial hoard (if any) for sin h 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. Areas and Boundaries. 161 Note. (4.) A copy of the aotice shall be sent by the county council to any Sect. 36. local authority which) in the opinion of the county council, is specially interested in the proposal. (•".) 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 relate- to the alteration of any area of local govern- ment a copy of the notice shall be sent by the county council to the Board of Agriculture, the Public Work- Loan Commis- sioners, the Director General of the Ordnance Survey at Southampton, and to the Registrar General ; and in any case where the proposal relate- to the alteration or definition of the boundary of any parish a copy of the notice shall lie sent to the Education Department. •Article i. — (1.) II' the case is one in which any Order made by a county council under section ~<7 of the Local Government Act. 1888, requires continuation by the Local Government Board, public notice of the provisions of any such Order made by a county council shall be given by the county council by advertisement in some local newspaper circulating in cadi district or parish affected by the Order; and such advertisement -hall be published within ten day- after the making of the ( >nler. "(2.) If the case i- one in which any Order made by a county council under section 57 of the Local Government Act, l vs ^. does not require confirmation by the Local Government Board, public notice of the proposed Order -hall, after the inquiry required by Article 2 hereof has been held, and not less than twenty-one days before tin' meeting of the county council at which the Order is proposed to be made, be given b\ the clerk to the county council by advertisement in some local newspaper circulating in each district affected by the Order. "(3.) Any advertisement i— I in pursuance of this Article shall contain cither a copy of the < (rder, or proposed < >rder, a- the case maj be. or a statement of the effect id' the Order, or proposed Order, and -hall also contain a statement of the time and place or place, during and at which copies of the Order, or proposed Order, maybe inspected by an\ owner or ratepayer in any area affected by the Order, or proposed Order, during a period of fourteen day- from the dale of the publication of -mli advertisement, and the Order, or proposed Order, shall be open for such inspection during such pi riod. •• ( I.; Then- -hall be appended to an\ proposed Order or statement of a proposed Order advertised or deposited lor inspection in pursuance of this Article, a notice to the effect that anj person interested in the proposed < h*der who objects thereto ma) attend ami be heard at a meeting of the county council to be held mi a d.i\ and at a time which -hall be mentioned in the notice if. not less than three days before the date oi the meeting, he -end- to the clerk of the council a statement in writing of the nature of hi- objection. M L62 Government Act, L894. i\W< . Sect. 3(> "Article 5. -(1.) A copy of any Oi'der made or proposed t<> be made by :i county council a- aforesaid shall, al any time while copies of the i >rder, or proposed * >rder, 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 expiration of six weeks from the publication of the advertisement in pursuance of Article 1 (1) hereof, lie supplied by the cl< rls to the comity council t«i any owner or ratepayer in any area affected by the Order, or proposed Order, upon payment by such owner or ra "i a sum no! exceeding threepence for each hundred words of manuscript if the copy of the Order, or proposed Order, be in writing, or upon paymentof a sum not exceeding threepence for a printed copy of the Order, or proposed Order. •■(2.) A copy of a proposed Order supplied in pursuance of this Article shall contain a notice to the effect specified in Article 4 (4) hereof. ••Article l>. — On or before the date of the publication in pursuance of Article 1 (1) hereof of the advertisement of the provisions of any Order made a- aforesaid and requiring confirmation by the Local Government Board, three copies of the Order shall be forwarded to the Local Government Hoard and to each of the other Government Departments to whom a copy of the notice of the inquiry relative to the proposed ( >rder was. by Article I! hereof, required to he sent ; a copy of the < )rder shall also lie sent to each of the local or other authorities to whom a copy of such notice was so required to lie sent, and a copy -hall also he posted in like manner a- the notice of the inquiry was. in pursuance of the same Article, required to be posted. •• Article 7. — The advertisement in pursuance of Article 1 (1) hereof of the provisions of any Order made by a county council under section 57 of the Local Government Act. 1888, and requiring confirmation by the Local Government Board, shall he deemed to he the "first notice" for the purposes of sub-section (3) of that section as amended by section tO of the Local Government Act, 1894. ■ Article 8. — (1.) If the case is one in which any Order made under section :>1 of the Local Government Act, 1888, does not require confir- mation by the Local Government Board, a copy of the proposed Order shall, on or before the date of the publication in pursuance of Article 1 (2) hereof of the advertisement of the provisions of the proposed Order, be sent to each of the local or other authorities to whom a copy of the notice of the inquiry relative to the proposed Order was, by Article 3 hereof, required to he sent, and a copy shall also he posted in like manner as the notice of the inquiry was. in pursuance of the same Article, required to he posted. "(2.) Any such copy -hall contain a aotice to the effect -pecitied in Article I ( I ) hereof. Areas and Boundaries. 163 ■■ | 3.) The final approval of the county council of any such Order may Sect. 36. be dispensed with, if the requirements of Article I hereof and of this Article have been complied with. " " e ' "(4.) When any such < (rder has been made by a county council three copies thereof -\\a\\ forthwith be Eorwarded to the Local Government Board and to each of the other Government Departments to whom a copy (if the notice of the inquiry was required by Article •" hereof t<> lie scut, and a copy "t' tin' ( >rder shall also he at the same time sent to each of the local or other authorities to whom a copy of such notice was so required to he sent. ••Article !». — Tlie expression "county council "' in this Order shall include a committee to whom the county council have; delegated their powers under the Local Government Act, 1894, and also a, joint com- mittee appointed by any county councils of administrative counties for tlie purpose of dealing with any case or cases in which such councils are jointly interested, and. in any such last-mentioned case, references in this < irder to tlie county shall he deemed to refer to either of tlie coun- ties interested, and references to the clerk to the county council to any person acting a- clerk to the joint committee or appointed hv such committee to discharge the duties of the clerk to a county council under this ( irder. ( riven under the Seal of ( >ffice of the Local Government Hoard, this Twenty-sec I day of March, in the year One thousand eight hundred and ninety-four. n..>> <<. Shaw-Lepevbe, President." " Hugh I >wi.\. Secretary." The objects which a county council must keep in view in considering thea re enumerated below in provision- (i.). (ii.). and (iii.). and of the-" the most important are that each rural district is (except in Bpecial he wholly included in the same county, and each parish i- (except in special cases) to be wholly included in the same county district (whether urban or rural), and must in all cases be wholly inclnded in tin' same county. Pabish.es in more than One County.— To can I these obj< lint committee (s iction (11), post) of the counties in which any pari of a parish i- situate may make i rder under this on .".7 of :lc- At of I : ring the boundaries of or dividing sh, or uniting it with some other parish or parishes. inty council uor a joint committee of count) councils ha\c ■ alter the boundary ui' a county ; if that is considered the b mrying out the object* in new, application musl be mad. to the Lo.al ( ;.,-., iiimcnt Hoard for ,,, ;, | f die .\,.( of I ction (.-.,. j,.. ' i. To bring the whole ol a parish which is intersected by the boundarj line between two counties wholly ill The Local Government Act, 1894. Not Sf.ct. 'AC), within one of those comities without altering that boundary lino is, of course, impossible. The object which it is required to effect — thai each parish shall lie wholly situate within one county- can only he brought about h\ a joint committee by dividing the parish, viz., l>y an order that the part of the parish which is situate in each county shall he a, separate parish, or shall he united with another parish in the same county to form a separate parish. The joint committee of the counties concerned have power to do this under suh-seetions (S) and (11), infra, and section .~>7 of the Act of 1888. WiHAL Districts in more than one County. — Where a rural district i- Bituate in two or more counties a greater latitude is allowed (than in the ease of a parish) as to bringing the whole of the district within the same county ; this is to he done "unless the county council for special reasons otherwise direct" (infra, (i.) ). It is. of course, expedient that this should be done in the majority of cases, and it must he remembered that where no order has been made upon the appointed day by a joint committee under the present section each part of a rural district which is situate in a separate county is made a separate district by virtue of section 2."> (5), ante. A joint committee acting under the present section must bear this in mind, and must also remember that if the result of making each part of a rural district which is situate in a separate county into a, separate district will be to give it less than live elected district councillors, it must be added to a neighbouring district or districts, unless for special reasons it is directed otherwise (infra, clause (iii.) ). It must again be pointed out that a county council (or joint com- mittee) c anno t bring the whole of a rural district into one county by altering the boundary of a county ; where that method is considered expedient application must be made to the Local Government Board under sub-section (5). Unless recourse is had to that expedient, the joint committee must effect the object by dividing the rural district in such a way that each part will be wholly included in a separate county. If the result of such a division is (as it must be in many cases) that the divided parts of a district are too small to be created separate districts, any such small division should be added to a neighbouring district, except in special cases. See (iii.), infra. Where the si/.e of such a divided part warrants it, it may be created a separate district. (b.) every parish which at the passing of this Act is situate partly within and partly without a sanitary district ; and Parishes in moke than one Sanitary District. — The object, with which a county council is to consider cases of this kind within their county is made clear by provision (ii.) of this sub-section : the whole of each parish, except in special case-., is to be brought within the same county district, Areas and Boundaries. 165 Note, A parish may he situate partly in one and partly in another urban SECT. 36. district, or partly in an urban and partly in a rural district, or partly in one and partly in another rural district. The first of these thri • - is dealt with by sub-section (2). infra ; each part is created a separate parish by virtue of that sub-section. unless the county council, for special reasons, otherwise direct, and subject to alterations of area made by or in pursuance of this or other Arts. The county conncil (or joint committee) may direct that a part of such a parish which is situate in one of the urban districts shall be united to any other parish or parishes in that district, or may. for special reasons, direct that the parish shall continue in two urban districts as before. Where a parish is situate partly in an urban and partly in a rural district or districts, or partly in one and partly in another rural district or districts, and such districts are wholly situate within the same county, the duty of the council of the county in which the district- are situate will be to make such orders as will effect the object mentioned in provision (ii.), viz.. that each district shall be made up of entire parishes. To effect this where a parish i- intersected by the boundary of a district or of several districts the county council must either alter the district boundaries so as to bring the whole of the pari-h within one district, or must divide the parish, making each part of it which i> situate in a different district either a separate parish by "i' a part of another pari-h in the same district. A county council has full power ti' the i this measure through Parliament t<> make the i stablishmenl • ■I parish councils obligatory in all parishes with a population of two hundred and npws d the Kill at that stage contained a power for county councils to order (subject i" the consent of the parish meeting), the establishment of a council in parishes with a population Under two hundred. The provision ill tin- text (which Was then iii the I'.ill) was probably intended t" require county councils t<> consider the advisability "I establishing parish councils in any of these smaller parishes within their county. When the minimum population which makes a parish council obligatory was raised from two to three hundred '■(•ti< hi 1, sub-section (1)) and alterations were also made as to the power t> establish council); in the smaller parishes (se< section 1, 16G The Local Government Act, 1 394, \ . Sect. 3G. sub-section (1) (a) ), no alteration was made in the clause now under consideration, with the result that it does not seem to have an; practical effect Under section 38, sub-section (4), post, the parish meeting of b parish with a population less than two hundred may apply to the county council for the establishment of a parish council, and if such an application be made it becomes the duty of the county council to con- sider it : but the present pim ision relates to a consideration by a county council of its own motion, ami cannot refer to the consideration of an application under section 38. (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 Rural Districts with less than Five Elective Guar- dians. — As we have -ecu {ante, section 25, sub-section (5), note), the Local Government Hoard have power under section 9 of the Public Health Act, 187."). where a rural district lias less than five elective guardians, to nominate additional ones, and this power applies in cases where a rural district situate in more than one county is, by virtue of section 25, sub-section (5), supra, made into separate districts each wholly included in one county. This arrangement is not intended to be permanent ; such a rural district, unless there are special reasons against taking such a course, is to be united to some neighbouring district or districts (clause (iii.). infra), so that the new district so formed shall have not less than five district councillors. This will be effected by an order of the county council under this section and sec- tion 57 of the Act of 1888, and it is a matter which must be borne in mind by county councils in making the orders referred to in the notes to clauses (//.) and (6.), supra. (e.) every rural parish which is co-extensive with a rural sanitary district ; every county council shall forthwith take into considera- tion every such case within their county, and whether any proposal has or has not been made as mentioned in 51 & 52 Vict, section fifty-seven 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 the\ 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 c 11. Areas and Boundaries. 167 whole of each rural district shall be within the Sect. 36. 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. Rural Parish Co-Extensive with Rural Sanitary Dis- trict. — These cases are dealt with to some extent by sub-section (4), infra. The district council is to have the powers of and is to be deemed to be the parish council and a parish council is not to be elected ; but this provision is to operate only until the district is united with some other district or districts, and. unless the county council otherwise direct. The county council (or joint committee) must, therefore, consider whether the union of such a district with a neighbouring district or districts i- necessary by reason of the provision of clause (iii.). and if the district 18 situate in more than one county must divide it so as to bring each of its parts wholly within one county, and must further make such provision as may be accessary for uniting the divided parts with other parishes and districts in the same county. See note to («), mpra. (2.) Where a parish is at the passing of this Act situate Sub-sect. (2). 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, bject to 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 con- t.uted separate parishes under the Divided Parishes 39 & 10 Vict. and Poor Law Amendment Act, 1876, and the Acts c,cl - amending the 3ame. PABISB siti \ii; i. KOBE THAN ONE 1 EtBAN DISTRICT. It will be notii ed that the power of a county council (or if the parish is Bituate in more than one county, the power oi the join! committee) to vary the provisions made by this Bub-section is twofold. Tiny may "for -penal reason* " direct tint the parish -hall remain one parish Bituate in different arban districts ■■>■ al present ; or they may alter the area by changing the boundaries* of the arban dial by adding the part oi the parish which is situate in each district to some other parish L68 Th Local Government .1.7, is'.i Sect. 36. OY parishes in the Bame district. Sec note to sub-section (1) (A). — supra. In the absence of any such direction or order of the county council, the parts of the parish which arc situate in each urban district will be :ome a separate parish a< it' they had been so constituted under the Divided Parishes Acts. For the effect of this provision, sec note to section I. sub-section (3), ante, p. I. Sub-sect. (8). (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 benefi- ciaries of a charity and for the custody of parish docu- ments, but the order, so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners. Application of Certain Pbovisions op the Act to the Parts of Divided Parishes. — A division of a parish by this Act, as distinguished from a division bj an order under this Act, may take place in cases where a parish is at present situate in more than one rural district (see section I, sub-section (3)) or in more than one urban district (sub-section (2) of this section). But the power of a county council to make an order under this sub- tion may be construed to extend to cases where, the division of a parish is made by an order of the council made by virtue of this Act. The provisions of the Act with respect to the appointment of trustees and beneficiaries of a charity are contained in section ]|. ante, p. 96. The custody of parish document- is dealt with in section 17, sub- sections (8), ('•»)■ Jt would seem that the powers of a county council to provide for the matters mentioned in the text must be confined to the case of the division of a rural parish, for the provisions of the Act above mentioned relate only to the power- of parish councils and meetings. In urban districts a power to confer similar powers upon the district council is given to the Local Government Hoard by section 33, Bub-section (2). antt . p. 154. Sub-sect. (4). (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. Ruk.u. Paeish Co-extensive with Rural District.— See note to sub-section (1) (e), mpra. Areas and Boundaries. 169 The county council may make an order nniting such a district with Sect. 36. another district or districts, and if the district 1ms less than five elected councillors, it will he their duty to make such an order unless for special Mote. reasons they deem it (inadvisable. It will also he competent for the county council to direct that such a parish shall have :i parish council as well as a district council, but such a direction would hardly he given except in peculiar circumstances. There will of course he a parish nutting in such a parish having the powers and duties of the parish meeting' of a parish which has a parish council. Where the district council and the parish council are one body, si. me of the powers of each must of necessity disappear, e.g., the power of a parish council to complain of the default of a district council under section 16, and the consent of the two distinct bodies to the pro- ceedings as to highways which are dealt with by section 13. (5.) Where an alteration of the boundary of any county Sub-sect. (5). or borough 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. Alteration of County and Borough ISoundaries.— Under tion 54 of the Act ..t 1888, the Local Government Board may. after local inquiry, make an order tor the alteration of the boundary of a county or borough and for other consequential matters. Such an order i- provisional only and ha- no effeel unless confirmed by Parliament. (6.) Where the alteration of a poor law union seems Sub-sect. (6). 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, 1888, or otherwise, but this provision shall not affect the powers of the Local Govern- ment Board with respect to the alteration of unions. Alteration of Unions.— The effect of this provision is to give to the county council, or in the case of a union situate in more than one county to the joinl committee of county councils under sub- on (li). infra, the powers of the Local Government Hoard under seel on :,s of ti,,- Aet of l • Tl. a provides a- follows : — •■The Local Government Board where it appear- expedient so to do with reference to anj poor law anion which is situate in more than one count] instead ol dissolving the union may i,\ order provide thai the - '■ shall continue to be one union for the purposes of indoor paupers or any of thosi pi nd shall be divided into two or more poor law union- |,,r the purpose Ol OUt-door relict, and may by the order make Buch provisions a- seem expedient !•.! determining all other ro The Loral Government Act, 1894. Sect. 36. matters in relation towhichsucb union is to be one union or two or — more unions." The powers of the Local Government Board to dissolve or alter poor law union- depend upon I \ 5 Will. I. c. 76, s. :V2 ; 7 & 8 Vict, c. 101, s. 66 : 31 & 32 Vict. c. 122, s. I ; 39 & 10 Vict. c. 61, s. 11. Sub-sect. (7). (7 ) Where 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 be, 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 con- firmation of the order. Notice to Parish of Proposed Alteration in its Boun- dary. — No notice need be given to a parish if any order proposed to be made before the appointed day, that is to say, before the day upon which the first parish council comes into office, or where there is to be no parish council, the day fixed for the first elections under this Act i see -ection 84, post"). Alter the appointed day, if there is a parish council, the notice required by this sub-section may be given to the clerk of the parish council if such an officer exists as will no doubt be the case inmost parishes (Schedule I., Part 2. Rule (15) ; and see section 17, sub- section (1). and note, ante, p. log). Notice to a parish meeting may be given to the chairman of that meeting (Schedule I.. Part 1. Pule (11)). As to petitions to the Local Government Board against the con- firmation of an order altering areas or boundaries, see section 57, -iib-section (3) of the Act of 1888, ante, p. 159. Sub-sect. (8). (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 .".] k 52 Vict. Board under section fifty-seven of the Local Government c - JL Act, 1888. iikhlks ni Counts Council altering Areas.— Section :>7 of the Act of 1888 (set out, ante, p. 158), in accordance with which Areas and Boundaries. 1 j L Note. orders under sub-section (1) of this section are to be made, give- full Sect. 36. power to county councils to make orders as to the matters mentioned in this >ul>-section, both as to parishes and as to county districts. It is difficult to see why the present provision is required in addition to that contained in sub-section (1) ; neither provision is in terms limited t<> orders made for the purpose of bringing the Act into operation at the outset : but the present clause may have been inserted in ease sab- section (1) might be held nut to extend to orders made for the alteration, division, and union of parishes for purpose- other than those mentioned in sub-section (1). such a-, for instance, to orders under section 53, post, altering the areas under an adoptive Act. (9.) Where a parish is by this Act divided into two or Sub-sect. (9). 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. Divided Parishes to Remain in thbib original Poor Law I'xiox. — This provision seem- to relate to parishes divided by virtue of section 1. sub-section (3), and sub-section (2) of the present on. Where a parish is divided by the order of a county council that order may provide for the inclusion of the divided parishes in the ■ or in different union-, and may. if it is deemed expedient, alter the boundaries of unions (ante, p. 169, sub-section (6)). A county council may make similar orders with respect to divided parishes created by the Act itself. (10.) Subject to the provisions of this Act, any order Sub-sect. (lo). made by a county council in pursuance of this Part of this \c\ diall be deemed to be an order under section fifty-seven of the Local Government Act, 1888, and any board of guardians affected b\ an order shall have the same right of petitioning against that order as is given by that section to any other authority. ■ in :,; of the A'-i of 1 888, atvtt . \>. 158. Sub-section (3) of thai section relates to petitions againsl ihcconfir- tion of onlcr- of county council-. (11.) Whore ;i,n\ ol Hi 1 ed to in section Snb-sect. (11). fifty-seven of the Local Governmenl Act, L888, is situate in two or more counties, or the alteration of any such Id alter the boundaries <>f a poor I;iw union in two or more countii joint cpmmittee appointed \>\ bhe councils ol those counties -hull, subjeel to tbf terms of delegation, be deemed to have and to 1 72 'The Local Government Act, L894. Sect. 36. have always had power bo make orders under that section with respect to that area; and where at the passing of this Art a rural sanitary district or parish is situate in more bhan 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 i hat any question arising as to the constitution or pro- cedure of any such joint committee shall, if the county councils concerned fail to agree, be determined by the Local Government Board. Joint Committees of County Councils.— See note to sub- section (1), ante. Sub-sect. (12). (12.) Every report made by the Boundary Commis- sioners under the Local Government Boundaries Act, BO & 51 Vict. 1887, shall be laid before the council of any administra- c - 61, tive 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. Kkports of Boundary Commissioners. — These commissioners wire appointed under 50 & 51 Vict. c. 61 to enquire — («.) 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 shall be situate in more than one county ; and (/;.) as to the best mode of dealing with parts of the county which are wholly or nearly detached from the county ; and (V.) as to the best mode of dealing with the cases where a borough is not an urban sanitary district, and is wholly or partly comprised in an urban sanitary district ; and (V.) as to any alteration of boundaries, comfirmation of areas or administrative arrangements incidental to or consequential on mi v alteration which they may recommend in the boundaries oi any county, union, borough, sanitary district, or parish. Section 53 of the Act of 1888 requires the report of the commissioners Art i Boundaries. 173 to l»e laid before the council-; of counties and boroughs affected by the Sect 36 report. The provision in the text a- to laving the report before a joint committee is new. JSote. (13.) Every county council shall, within two years Sub-sect. (13). after the passing of this 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 this section as they deem neces- sary for the purpose of bringing this Act into operation, and after the expiration of the said two years or further period the powers of the county council for that purpose shall be transferred to the Local Government Board, who may exercise those powers. Period for makix<; Orders under this Section.— It must be observed with reference to the period which is allowed by this sub- section for the making of orders by the county council that they are to be made - soon as practicable." See sub-section (_1), a,7ite, and ■!i s:;. p 37. Where it is proved to the satisfaction of the county Sect. 37. council that any part of a parish has a defined boundary, p rov i^, :( . ami has any property or rights distinct from the rest of to parishes the parish, the county council may order that the con- IvkVi'^e/hu'd sent of a parish meeting held for that part of the parish boundaries, shall b< 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. I'AliT m IWiM-il HAVING SEPABATE PBOPERTT, ETC.— A case el' tin- kind ma\ arise where a parish consists of distincl townships, tythings or divisions, or where it inclndes an ancient chapelry. In such a case, a pan of the parish may have separate property and distincl limits ami interests ; such property and rights cannof lie dealt with by the parish council without the consent oi a parish mei tin- called for the affected, in manner provided by section I'.'. , 38. (1.) Where parishes are grouped, \h<- grouping Sect. 38. order shall make the necessary provisions for the name ordersfor of the group, for the parish meetings in each of thegrouping grouped parishes, and for the election in manner provided aTsroMng tin- \<'t oi separate repn ives of each pari n groups. mi the parish council, and may provide for the consenl of the parish meeting of a parish to an) particular act of 1~1 Th I oca* Govern nent Act, 1894. Se< i'. 38. the parish council, and for any other adaptations of this \.i bo the group of parishes, or to the parish meetings in the group. Grouping Parishes. — Tlu' grouping here referred to is the jjroup- ing of parishes for the purpose of forming :i common parish council for all. No such group can In' formed without the consent of the parish meeting of each parish (section 1. sub-section (1)). See further as to the name of the group, section 55, sub-section (1). post. Tin' grouping here referred to must not lie confused with the names of parishes for purposes of the election of guardians ami rural district councillors, as to which see section 60, post. In the grouping order the number of parish councillors for each parish will he fixed : the election will take place in manner provided by the rules made under section 3, sub-section (<>). ante, p. 1 I. Each parish will, however, elect it^ own representatives. In cases where one of the parishes in the group may he specially affected by the exercise of some power conferred on a parish council, the order may provide that the consent of the parish meeting for that parish shall he required. Sub-sect. (2). (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 distinct. Group to be ix One County and District. — It is important that every group should he in one rural district, and it. will he remem bered thatevery rural district is to he in one county unless the joint committee for special reasons otherwise direct, under section 36. Sub-sect. (3). (.; ) Where parishes are grouped, the grouping order shall provide for the application of the provisions of this Act with respect to the appointment of trustees and bene- ficiaries of a charity, and the custody of documents, so as to preserve the separate rights of each parish. Chabities in Grouped Parishes.- This provision is impera- tive The provisions of this Act (above referred to) are contained in sections 11 and 17: and the order mu>t adapt them so as to preserve the separate rights of each parish. In other words, the county council, in exercising the powers conferred upon ii by these sections, must treat as distinct, and the order must provide for this being done. Sub-sect. (4). (4.) The parish meeting of any parish may apply to tlie county council for a grouping order respecting that Grouping of Parishes. 175 parish, and, if the parish lias a less population than two Six i . 38, hundred, for a parish council, and any such application shall be forthwith taken into consideration by the county council. Application FOR GROUPING < >i:der. — Any parish may make this application, without regard to its population, but the consenl of the parish meetings of the other parishes which are to form part of the pro- posed group will be necessary under section 1, sub-section (1) (&). (in*, . p. 2. Application foe Parish Council.— The retention ofthefigure 20u. as already pointed out (ante, p. 3), excludes a parish with a population of over 200 and under 300 from applying for a parish council ; lmt it may he doubted whether any express provision on the subject was necessary, ami whether an application may noi lie made by such a. parish, notwithstanding the provision in the text. (■"3.) The county council may, on the application of the Sub-sect. (5). council for any group of parishes or of the parish meet- ing 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. Dissolution of Croup.— It is in the discretion of the county council to make an order dissolving the group, hut they cannot make any order except on the application of the parish council for the group or the parish meeting \< ■' rrovisions tor ch council, tli.' parish meeting nu w rea e mid the countj council, and the countj council, if thej think ^. crf f B r. oi •per, may order the election of .1 pai i h council in that parish, and shall by the order make such provision as appears • y for separating the parish from am 1 76 '/'//<■ Local Government Act, L894. Sect. .'>;). 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 be- tween the group and the parish with a separate parish council. [norease of Population. — This sub-section applies where the population of a parish has increased, but the increase is not dependenl upon the census as in the next sub-section. In such a <-;isr. on the petition of the parish meeting, an order may be made for the election of a parish council, but the making of the order is discretionary if the population is less than loo (section I, sub-section (1), mite, p. 1). II the population exceeds 100 the county council appear to be bound to give effect to the petition unless this would involve the dissolution of a group, under section :>S. sub-section (">), in which case the order is discretionary. An alteration of the parish council may be necessary if the with- drawal of one parish would reduce the number of councillors of the group to less than five (see section 3, sub-section (1)). As to the separating of a parish from a group, see section 38, sub- section (•">), ante, p. 175. and the notes thereto. Sub-sect. (2). (2.) Where the population 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 dissolution 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 ad- justment 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. Decrease of 1'opulation. — This sub-section applies where the population has fallen to less than 200 according to the last census. Here also there must be a petition from the parish meeting, and the order of the county council is discretionary. As to the order for adjustment, sec section ::*. sub-section (5), ante, p. 17.">. and section 68, post, Validity of Count?/ Council Orders. 177 40. A grouping order, and an order establishing or Sect. 40. dissolving a parish council, or dissolving a group of CertairTorders parishes, and an order relating to the custody of parish of county documents or requiring the approval of the Charity Cora- t0 requ ; re missioners, and an order requiring the consent of the confirmation. parish meeting for any part of the parish to any act or class of acts of the parish council, shall not require submis- sion to or confirmation by the Local Government Board. Orders not requiring Confirmation. — This applies to a grouping order made under section 1. sub-section (1) (7>.)> !l " (1 action sub-section (1); to an order establishing a parish council under section 1, sub-section (1). and section 39, sub-section (1) : to an order dissolving a parish council, under section 39, sub-section (2) : to an order relating to the custody of parish documents, under section 17, Bub-sections (8) and (9). and section 38, sub-section (3) ; to orders re- quiring approval of the Charity Commissioners, under section 36. sub- section (3) ; and to an order made under section ^7. 41. The time for petitioning against an order under Sect. 41. section 57 of the Local Government Act, 1888, shall be Reduction of six weeks instead of three months after the notice referred time for ■ i e • appealing to m sub-section three of that section. against Time for Appealing against Orders.— The provisions of ^"J. section .",7. sub-section (3). of the Local Government Act, 1888, have or( j erSf been already set out, ante, p. 158. The provision in the text simply shortens the time within which a petition may be sent to the Local Government Board to disallow an order under that section. 42. When an order under section 57 of the Local Sect. 42. Government Act, 1888, has been confirmed by the Local Validity Government Board, such order shall at the expiration of of county - , . council six months from that confirmation be presumed to have orders. been duly made, and to be within the powers of that section, and no objection to the legality thereof shall be entertained in any legal preceding whatever. V a i.i urn <>i <>uni -An order under section 57 of the Aci of 1888 i- administrative and not judicial ; therefore, prohibition does not lie against the making of such an order. See Reg. v. London County Council, L. B. (1893) 2 Q. B. 164. On the same principle, it would seem thai certiorari would not lie, and if bo, if is ool clear thai the validity of an order could ever hare been questioned in legal proceedings. The inference to be drawn from the texi appears to be thai an order under section 57 may be questioned within six tnoutlis from the making of the ordeft N 178 The Local Government Art, 1804. PART IV. Sect. 43. ■Removal of disqualifi- cation of married women. Supplemental. Parish Meetings and Elections. 43. For the purposes of this Act a woman shall not be disqualified by marriage for being on any local govern- ment register of electors, or for being an elector of any local authority, provided that a husband and wife shall not both be qualified in respect of the same property. Married Women.— The effect of this section is that any married woman who would, if she were unmarried, he entitled to have her name inserted upon a local government register of electors will he entitled, notwithstanding her coverture, to have her name bo inserted " for the purposes of this Act," viz.. for the purpose of exercising the rights of a parochial elector. As to the local government franchise, sec note to section 44, sub- section (l),J)i>xf. Apart from this provision, while an unmarried woman was not dis- qualified from being enrolled as a enmity elector and voting at an election of county councillors (sec Municipal Corporations Act, 1882, s. 63, and County Electors Act, 1888, s. 2), coverture was still a dis- qualification. Reg. v. ffarrald, L. R. 7 Q. B. 361 ; 41 L. J. Q. 15. 163 : 26 L. T. (N.s.) 616 ; 20 W. R. 328 ; 36 J. P. 438. It must he noticed that the disability of coverture is removed by the provision in the text " for the purposes of this Act " only. It does not enable a married woman to hare her name inserted upon a local government register for all purposes. Shi' will, in fact, when her name is on the register, be entitled to vote as a parochial elector only, and for the purpose of so limiting her right to vote, a mark will be placed against her name signifying that she is entitled to vote in that capacity only. See section 44, sub-section (6), ami note-. The proviso to this section will prevent a husband and wife from being registered as joint occupiers of the same premises. Questions as to whether the husband or the wife is the person qualified in respect of the property out of which either claimed to be on the register will, it is submitted, be decided in the case of the burgess qualification by proof of the name which appeared upon the rate book, and in the case of the 10/. occupation qualification by proof of the ownership or tenancy of the qualifying property. As to these qualifications, see section 44. sub-section (1). note "Local Government Register." Eegister nf Parochial Electors. 179 44. (1.) The local government register of electors and Sect. 44. the parliamentary register of electors, ■ so far as they R . ~ — . relate to a parish shall, together, form the register of the parochial parochial electors of the parish ; and any person whose elcctors - 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. Pending Legislation.— The notes to this section were written l-efore the introduction into Parliament of a Bill which, if it becomes law. will materially alter the existing Jaw as to the qualification and registration of electors. The provisions of this enactment, ii passi must be referred to in connection with the present section. A measure has also been introduced into Parliament to accelerate the registration of electors in the present year. Register of Parochial Electors.— This section is sup- plemental to section 2. Bub-section (1), ante, p. (!. and explains in detail how the register of the parochial electors of a parish is to be formed. That register, to which we shall refer for the sake of brevity as the ••parochial register.'" i^ to be made up of the parliamentary and local government registers so far as they relate to the parish. It will be convenient to state briefly of what those registers consist. The Acts which establish the different qualifications will be found in Mackenzie and Lushington's " Parliamentary and Local Government •rration Manual" (edit. 1889). The Parliamentary Register consists of male persons of full and not subject to any legal incapacity who are (a) ownership i- or (//) occupation electors. ion "Ownership Electors" means persons I as parliamentary electors for a county or a division of a county in reap cl oi the ownership of property whether of 1 1 i freehold, (2) leasehold, or (3) copyhold tenure. (1.) "Freeholds. — The person entitle. l to be registered must be bene- ficially entitled (at law or in equity), and mii-i have been in D or in receipt of the rent- and profits lor -ix calendar months next preceding the 15th of .inly in the yi in which he i- registered, unless he has acquired the freehold within that period by de-cent, succession, marriage, marria settlement, devise, or promotion to benefice or office. The Freehold nm-t he ol the annual value, it it i- an estate of N 2 L30 The Local Government Act, L894 . g_. ,. .j.j inheritance, or if it is an estate for life or lives of which the the owner is in actual occupation, or which he has taken by AW**, marriage, marriage settlement, devise, or promotion to benefice or office, of 10*. : if it is an estate for life or lives not Calling within the rases specified, of 5'. (2.) Leaseholds.— The person entitled to he registered must be beneficially entitled (at law or in equity) as hirer, sub-lessee, or assignee, and must if a sub-lessee or assignee be in actual occupation, and if an original lessee, be in actual possession or in receipt of the rents and profits to his own use fur the whole of the twelve calendar months next previous to the loth of duly in the year in which he is registered unless the leasehold has come to him within that period in one of the ways specified above with reference to the acquisition of freeholds. The leasehold must either be held for the whole of the unexpired residue of a term originally created for not less than sixty years, and must he of the clear yearly value of not less than 51. over and above all rents and charges payable in respect of the same, or must be held for the whole of the unexpired residue of a term originally created for not less than twenty years, and must be of the clear yearly value of 50/. over and above all rents and charges payable in respect of the same. (3.) Copyhold*.— The person entitled to be registered must be bene- ficially entitled (at law or in equity), and must have been in actual possession or in receipt of the rents and profits to his own use for the six calendar months next previous to the 15th of July in the year in which he is registered unless the copyholds have been acquired by him within that period in one of the ways above specified with reference to the acquisi- tion of freeholds, the copyholds must be held for an estate for life or lives or any larger estates, and must be of the clear yearly value of 5Z. over and above all rods ami charges payable in respect of the same. The ownership qualification only entitles its possess to be registered in parliamentary registers for counties. Persons cannot acquire an ownership qualification in respect of pro- perty which they hold merely as trustees. Mortgagees cannot acquire this qualification in respect of the mortgaged property unless they are mortgagees in possession. Joint owners. — If two or more persons jointly are owners of such property as is mentioned above, one of them is entitled to be registered. In certain cases each of such owners is so entitled if his interest in the property would be sufficient if he were a sole owner. (b.) The expression ' Occupation Electors" means persons regis- tered as parliamentary electors for counties or boroughs in respect of Hi lister of Parochial Elector*. 181 Note. the following qualifications: — (1.) The 50/. rental qualification; (2) Sect. 44. the 10/. occupation qualification ; (3.) the household qualification ; (4.) thelodger qualification. (1.) 50/. natal qualification. — A person entitled to be registered in respect of this qualification must have occupied as tenant, on the 15th .July in the year in which he is registered, and for the whole of the proceeding twelve months, land or tenements for which he is liable to a yearly rent of not less than 50Z., and must haw been registered a- a voter in respect of such occupa- tion in the register of voters in force during the year 1884. This qualification is abolished by the Representation of the People Act, 1884, but the rights of person- previously registered in respect of such qualification were saved. 48 Vict. c. 3, ss. 10 and 12, and Schedule^. Each of two or more joint occupiers, ■where the rent is such as to give 50Z. or more to each such occupier, it registered in respect of that qualification in 1884, i- entitled to be registered. (2.) 10?. occupation qualification. — The person entitled to be regis- tered in respect of this qualification must, during the whole of the twelve months immediately preceding the loth of July in the year in which he is registered, have occupied as owner or tenant some land or tenement within the county or borough of the clear yearly value of nol less than 101. : it' the voter is to be registered apon a borough register, he must have resided in or within seven miles of the borough during the six months immediately preceding the 15th of July. Whether he is to be jistered as an elector for a county or for a borough either he or somec el-e must. 'luring the twelve months preceding, have been rated to all poor rates made in respect of the qualifying property and all simis ,hie tor any such poor rate made and allowed during the twelve months preceding the 5th of January of thai year (and where the qualifying property is uate in a parliamentary borough all sums due before that date on account ot ; i n \ assessed taxes) must, have been paid on or before the 20th of July of the same year. It two or more persons jointly are such occupiers two of them can tx 'I it the value is such as to give 10/. or more for each occupier, and in some cases more than two joint ; - can be registered. // laid qualification. — A person entitled to lie registered in respect of this qualification must for the whole .,i the twelve month; next preceding the 1 5th of July in the year in which he i- registered (except the tine-, it any. not exceeding four month- during which he ha- permitted the house to be occupied a furnished hoi, been an inhabitant occupier, as owner or tenant ot b dwelling-house within the county or borough, or ot some part of such a 1 se sepnratelj tupied L^i-j Tlie Local Government Act, L894. S] . ( T j | as a dwelling, and rating and payment of rates are necessary in the Bame manner as in the case oi the iOl. occupation Eran- Vbte. chise. There can be no qualification as an inhabitant occupier by joint occupation. This qualification includes what is called the service franchise, i.e., a person who inhabits a dwelling- house by virtue of any office, service, or employment, it' the person under whom he serve- dues not inhabit that house, is deemed to be an inhabitant occupier as tenant. Occupation of different prrmixcx in xucrrsshin.—VwAcx either of the two foregoing qualifications a person can be registered in respect of the occupation, in immediate succession, of different qualifying premises in the same division or borough. (4.) Lodger qualification — A lodger must make a fresh claim to be registered every year, and in order to be entitled to be regis- tered must have occupied separately as a lodger for the whole of the twelve months next preceding the 15th of July in the year in which he claims to be registered lodgings, being part of one and the same dwelling-house in the county or borough, of the clear yearly value, it let unfurnished, of 10Z. or upwards, and must have resided in such lodgings during the said period. Two joint lodgers can be registered where the value of the lodgings is such as to give IOL or more for each of two or more lodgers. A lodger may be registered where he has occupied in immediate succession different lodgings of the requisite value in the same house. A man is not entitled to be registered or to vote at a county election in respect of the occupation of any dwelling-house, lodgings, land, or tenement situate in a borough. Representation of the People Act, 1884, s. 6. In the above summary of the different parliamentary franchises, it has been thought better for the sake of brevity to omit any reference to the ancient franchises in cities and boroughs which were reserved by the Eeform Act, 1832 (2 Will, i, c. 45). The Local Government Register consists of men and women of full age, not subject to any legal incapacity, who are qualified as county electors under («.) the old burgess qualification or (h.) the 10/. occupation burgess qualification. ((/.) Old "burgess qualification. — A person entitled to be registered as a county elector or burgess in respect of this qualification must on the loth of July in the year in which he is registered be, and during the whole of the preceding twelve months have been, occupier as owner or tenant of a house, warehouse, counting-house, shop, or other building in the county or borough, and must during the whole of the same period have resided in the county or borough, or within seven miles thereof ; such person or some one else must during the same period Register of Parochial Electors, 183 have been rated to all poor rates made iu respect of the Sect. 44. qualifying property, and all sums due on account of any poor — — - rate made and allowed during the twelve months next pre- ceding the 5th. of January in the year in which such person is to be registered must have beeu paid on or before the 20th of July in the same year. Letting of the house furnished for four months during the qualifying period (and non-residence during such four months) does not disqualify. Each of two or more joint occupiers of the qualifying property is entitled to be registered. (A.) Ten pounds occupatit ss qualification. — A person entitled to be registered as a county elector in respect of this qualifi- cation must during the whole twelve months next preceding the loth of July in the year in which such person is regis- tered, have occupied as owner or tenant some laud or tene- ment iu the county of the clear yearly value of not less than 107., and must hare resided for the six months next preceding that date in or within seven miles of the county ; such person or some one else must during the twelve months have been rated to all poor rate- made in respect of the qualifying property, and all -urns due in respect of that property on account of any poor rate made and allowed during the twelve months next preceding the 5th of January in the same year, or on account of an.. ae before the said 5th of January, musl have been paid on or before the 20th of duly. If two or more persons jointly are such occupiers, and the value of the qualifying property is such as to give 10/. or more for each occupier, each such occupier is entitled to be jistered. A person maybe entitled under either of these qualifications by two or more -uch occupations in immediate succession. A- we have seen, the last preceding section of this Act removes, for the purposes of this Act, the previously existing disqualification of .[in-!- in the case oi women otherwise entitled to have their names inserted upon the local government register. A- to the mi t in which the parochial registers will be made up 1,-,, m the parliatm ml local governmenl registers, seethe following sub-section- and note. A person whose name is on a parochial register is entitled to attend the parish meeting, and vote as a parochial elector for that parish, unless he is prohibited from voting bj this oi an] other Actof Parlia- ment. The provision in the n i\ makee the register conclusive as to the ; to vote, bin it -hold, l be remembered thai the vote of a person disqualified or prohibited from voting would be Btruck off on a scrutiny held on election petition. DISQUALIFICATION FOB VOTING. Felone we disqualified by the r, Ion A i i *70(33 & :il Vict. c. 2 m voting al parlia« 1-l The Local Government Act, 1894. Sect. 1 I. mentary or municipal elections ; persona guilty <>f corrupl or illegal practices bythe Corrupt Practices Ad, L883 (46 & 17 Vict. c. Bl), v ''''- 88. I. 6, if. and 1884 (47 & 48 Vict. c. 70), ss. 2, 7 ; aliens and persons in receipt of parochial relief or other alms arc disentitled to be enrolled as burgesses (see Municipal Corporations Act, 1SS2(45 & 46 Vict. c.."J0), s. 9, which is incorporated with the County Electors Act. lsss. s. 2). And by 39 & tO Vict. c. 61, s. 1 1. a person who has been in receipt of relief by himself or bis family during the year preceding the election is prohibited from voting at any election to an office under the pro- visions of any statute. Hut this section must be read subject to the Medical Relief Disqualification Removal Act, 1885 (48 k 49 Vict, e. 46), under which the receipt of medical relief does not disqualify under the earlier Act except for purposes of the election of guardians. Sub-sect. (2). (2.) Where the parish is in a parliamentary borough, such portion of the parliamentary 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 parish within the meaning of this section. ownership Voters in respect of Property in Borough. — The lists of persons upon the parliamentary and local government registers and of claimants are made out separately for each parish or township within a county (or division of a county) or borough by the overseers of such parish or township, a precept containing instructions a- to how such lists are to be made up being sent to the overseers by the town clerk of each parliamentary borough, and by the clerk of the county council where the parish is not part of a parliamentary borough (~ce the Registration Order. 1889). Where part of a parish or town- ship is within and part without the boundary of a parliamentary borough, each part is to be considered as a separate parish or township for the purpose of making out these lists. The ownership qualification does not exist as regards parliamentary boroughs (except in the case of certain of the reserved rights referred to, ante, p. 182) ; but voters may be placed upon a county register in respect of an ownership qualification arising out of property situate in a parliamentary borough, although by section 6 of the Representation of the People Act, 1884, an occupation qualification arising out of property in a parliamentary borough does not entitle a voter to be placed upon the register of the county in which that borough is situate. The effect of the provision in the text is that where a parish is situate within a parliamentary borough both the ownership list (which is part of the county register), and the occupation list (which is part of the borough register), will be taken together in making up the parochial register of the parish, Register of Parochial Electors. 185 (3.) The lists and register of electors in any parish Sect. 44. shall be framed in parts for wards of urban districts and g u i,-sect. (3). parishes in such manner that they may be conveniently used as lists for polling at elections for any such wards. Registration IK Wards.— This sub-section will apply where the urban district or parish is divided into wards. See ante, sections 18 ; 20, sub-section (3); 23, sub-section (3). and notes, pp. 113. 123, 120. and section 40, post. (4.) Nothing in any Act shall prevent a person, if duly Sub-sect. (4) qualified, from being registered in more than one register of parochial electors. Right to be Registered in more than One Parochial Register. — Most counties and many of the larger boroughs are divided into electoral divisions for the purpose of returning members to Parlia- ment ; again, comities and most municipal boroughs are respectively divided into divisions and wards for the purpose of electing county councillors and town councillors. A parliamentary elector may be registered in any electoral division in which he possesses a qualification. Where a lwrough is divided into wards a burgess cannot be enrolled or vote in more than one ward (Municipal Corporations Act. 1882, B. 45. sub-sect. (<>))• A county elector maybe registered in the register of any electoral division of the county in which he possesses a qualifi- cation (County Electors Act, 1 VS S, s. 7, sub-sect. (Ij ) ; but this right - not carry with it the right to vote in more than one division at the same election : EMU v. Totose, 21 Q. 13. D. 1st;. 697. But neither a parliamentary nor a county elector can be registered more than once in the same electoral division ; and but for the pro- \i-iou in the text a parochial elector could only be registered in one parish in the -ame electoral division. Many persons possess qualifica- tions in more than one parish in the smie electoral division ; Btich a son will, l.y virtue of this Bub-section, be entitled to be placed on the register relating to each parish in which he possesses a qualification. In order that this provision may not operate -.. a- to enable an elector. whose name will in this way occur more than once on the register of the sami - n, to give more than one vote at the same elec- tion for a member of Parliamenl or county councillor, sub-section (6) oi this section requires the revising barrister to use certain methods of distinguishing which of the name- on the lists before him are inserted in re-peet of the right to vote ai parliamentary, county council, and parochial elections respectively. See note to sab-section (>'<). infra, It does not seem that the decision in Knill v. Towse, above referred to, will have any application to the power oi a parochial elector to vote in more than one parish iii which he red . each pariah coun il is a separate body distind from t rerj other pariah council, whereas the county council (to the election oi which thai ffl related) is 1S6 The Local Govenvnmii Act, 1894. g BC j [J one body composed of representatives <»f all t h o electoral divisions in — the county; moreover, thai decision was based upon the provisions of v '' v - the Local Government Aft. 1888, that a county council should be con- stituted and elected in like manner as a borougb divided into wards, and, a- we have seen (ante, p. L85), burgesses air expressly prohibited from voting in more than one ward at a municipal election in a borough, Sub-sect. (5). (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 com- prising the pa ii si i, 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. Elector Registered to Poll in District not comprising Parish in which he is Registered. — The reference is to sec- tion 36 of the Parliamentary Registration Act, 1813 (6 Vict. c. 18), which enacts, in effect, that any person whose name appears in the list of voters of any parish or township in any county (or division of a county), and whose place of abode as stated in such list is not within the polling district at which such parish or township is allotted to poll, may claim before the revising barrister to vote, if his place of abode is within the same county (or division of a county), at the polling place of the district in which his place of abode is >ituate, and if his place of abode is outside the county (or division), at the polling place of any district within the county (or division), and the revising barrister may insert against that person's name in the list the name of the polling place at which he shall be registered to vote ; and such person shall be admitted to vote at an election at that polling place and not else- where. The effect of the provision in the text is to permit a parochial elector who i> for the sake of his eonvenience registered to vote at parliamen- tary elections in a district other than that comprising the parish in which his qualifying property is situate to have his name inserted in the parochial register, and to vote as a parochial elector of that parish. Sub-sect. (6). (6.) Where the revising barrister in any list of voters for a parish would — (a.) In pursuance of section seven of the County 51 vict. c. 10. Electors Act, 1888, place an asterisk or other mark against the name of any person ; or (b.) In pursuance of section four of the Eegistration Act, 1885, erase the name of any person other- Revision of Register. 187 wise than by reason of that name appearing Sect. 44. more than once in the lists for the same parish ; or (c.) In pursuance of section twenty-eight of the Parlia- 4 1 •Jc 42 mentary and Municipal Eegistration Act, 1878, as amended by section five of the Eegistration 48 & 49 Act, 1885, place against the name of a person lct-Cl ' 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 of 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 paro- chial 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 sepa- rate list of parochial electors. Methods of distinguishing Parliamentary, County, and Parochial Electors. — The effect of section 1, sub-section (1) of the County Electors Act, 1888, is that in every parish, whether situate within or without a municipal borough, the lists of burgesses and of county electors, and of occupation voters for parliamentary elections > in three divisions, according t'> the provisions of section 1.". of the Parliamentary Mini Municipal Registration Act, 1878. Divi- i 1 contain- the names of persons entitled to bi Bred both as pation voter- lor parliamentary elections, and a- county electors or burgesses. Division 2 contains the names of persons entitled to be occupation voters for parliamentary elections, but not as county electors or bm Dii ision 3 includes the names of persons entitled bo bi register! d as county or btu - -■ . bui not a- par- liamentary v< action t, sub-section (9) of the Registration Act, 1885, where the name oi a person appears to be entered more thi e ;i- a parlia- mentary voter on the lists i i the game parliamentary county or division, the revi i is required, upon proof thai the entries relate to the same person, to retain one entry and erase the other-. By section 7, sub-section (6) of the County i ■ tors Act, 1888, where The Local Govt mment Act, 1894. Ai»f< Se< I. 11. the revising barrister has power, in pursuance of the section of the Registration Act, L885, above referred to, to erase the name of any person as a parliamentary voter from division l of the occupiers list, he is required, instead of erasing it, to place an asterisk or other mark against it, and a voter whose name is thus " starred " is not entitled to vote at a parliamentary election, bul lias the same right of voting at a county council election as he would have if his name were not starred. I'.\ section l's. sub-section (11), of the Parliamentary and Municipal Registration Aei. 1878, where a name appears to be entered more than once a- a parliamentary voter on the list of voters for the same parlia- mentary borough or more than once us a burgess on the burgess lists for the same municipal borough, the revising barrister is required, upon proof that such entries relate to the same person, to retain one entry for voting and to place against the other entry or entries a note to the effect that the person i- not entitled to vote in respect of that qualification for the parliamentary or municipal borough as the case maybe. The section also contains provision as to how the selection of the entry to be retained for voting is to be made, and those provisions were amended by section 5 of the Registrati m Act, 1885. We have seen above, p. 187, that section 4 of the Registration Act. 1885, requires the revising barrister to erase one of two entries relating to the same person upon the lists of voters for the same parliamentary county, and that that enactment, so far as it relates to the erasure of a name upon division 1 of the occupiers list, bas been altered by section 7 of the County Electors Act. 1888. by substituting for erasure the placing of an asterisk or other mark against the name. The enactment in the text applies to the duty of the revising barrister a- to all such plural entries as would involve the erasure of a name under section 4 of the Act of 1885 otherwise than by reason of the name appearing more than once in the lists for the same parish. Where such plural entry is in the lists for the same parish, all entries but one will be erased as before. But where the name would be erased by reason of its appearing more than one, hut not in the lists for the same parish, and where in the cases mentioned in (//.) and (c.) a mark or note would be placed against a name, the revising barrister is to place against the name, if the person is entitled to vote as a county elector or burgess only, a mark signifying that the name is to be placed in division 3 of the occupiers list (see ante, p. 187), or if he is entitled to vote only as a parochial elector a mark signifying that he is registered as such elector only. If such a mark is placed against a name it is not to be printed in the parliamentary register at all, but if the person is entitled as a county elector or burgess it is to be printed in division 3 ; if he is entitled only as a parochial elector it is to be printed in a separate list of parochial electors. It i- submitted that the names of all married women appearing on the lists will be marked as names of parochial electors only (see ante, tion 13, ami note p. 1 78) and printed in the separate list accordingly. And the same remark would appear to apply to the names of any per- Eevision of Begister. 189 son appearing on the lists for more than <>ne parish in the same Sect 44 electoral division of a county for the purposes of the election of county councillors. Vote. This Beparate list is ro form part of the parochial register. Sub- section (8), infra. (7.) Where the name of a person is entered both in the Sub-sect. (7). 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. Double Entries ix Parochial Register.— This sub-section provides for a case where a name is entered on the lists lor the same parish in respect both of an ownership and of an occupation qualifi- cation. There will be no erasure, because the name must lie allowed to stand in '! the ownership qualification in order to entitle the person to rote al ;i parliamentary election, ami in respect of the occu- pation qualification in order to entitle him to vote at a county council election. In this latter capacity, the name will be inserted on division three of the occupiers list. The retention of the name in respect of the ownership qualification will entitle the person to vote not only at a parlia- mentary election, but a- a parochial elector (sec sub-section (1), ante, \>. ]''■>). In order, therefore, to prevent his obtaining a Becond vote as a parochial elector by reason of his name appearing in division three of tie- occupiers li-t. an asterisk or mark i- to be placed against his name in that division to denote that in respect of that entry the roter is not • entitled tu rote a- a parochial elector. (8.) Such separate list shall form part of the register Sub-sect. (8). of parochial electors of the parish, and shall be printed at tin' oinl of the other lists of electors for the parish, and tli'- names shall be numbered consecutively with the other names on those lists, and the law relating to the ister of elector-; shall, with the necessary modifica- tions, applj accordingly, and the lists shall, for the purposes of this Act, be deemed to be part of such _i->ter. MJWI.'VI I'. LlSI MALI I M I - 1 l: , f, ) |„ |-,,|:\l | * \ I: I of Pabochial Regibteb. The "separate li-t " here referred to is the separate li-t mentioned in Bub-section (6), ante, viz., the li-t of persona registered as paroi hial electors only. Up to a late stage of the L90 The Local Government Act, L894. \ - SECT. 44. proceedings of Parliament upon this Act, the present, clause stood immediately after sub-section (6) ; in thai position the meaning of the words "Mich separate lis! " was obvious, Sub-section (7) was inserted upon the third reading of the I'.ill in the House of Lords, and no alteration was made in the present clause to make the reference to sub-section (6) clearer. This separate list of parochial electors will not be part of the parlia- mentary or local government registers except for the purposes of this Act. but will be added to those registers in order to form the parochial register. The law as to the register of electors is to apply to this separate list as well as to the other lists ; that is to say, all the lists must be made out and revised in the same manner (subject to necessary modifications), as the registers existing under the law before the passing of this Act were made out and revised. Sub-sect. (9). (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. Claims. — Claims to be entered in lists of voters are not necessary in the case of persons whose names are upon the existing register in any one year except where the qualification is that of a lodger ; lodgers must claim annually. If their names are comprised in the existing lodgers' list, their claim must be sent in before the 23th of July, and a list of these old lodgers is published on the 1st of August. Lodger claimants whose names do not appear in this list must send in their claims to the overseers, on or before the 20th of August. Persons claiming to be entitled as occupiers (other than lodgers) must send in their claims to the overseers on or before the 20th of August. Ownership claimants (in counties) must send in their claims to the overseers on or before the 20th of July. Claimants as freemen in boroughs must send in their claims to the town clerk on or before the 20th of August. Sub-seet. (10). (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. DUTIES AS TO Printing THE Revised Lists.— This sub-section refers to the duties of the clerk of the county council and the town clerk with reference to printing the lists delivered to them after the revision by the revising barrister. In counties the revised lists are ing Parish Meetings. 191 delivered to the clerk of the county council, and in boroughs to Sect. 1 I the town clerk. It is then the duty of these officers to cause the — — revised lists for all the parishes in the county or borough to be printed, each name being placed in the proper list and division of a list, and having a proper mark (if any) placed against it according to the decision of the revising barrister with respect to such name. As to marking names, see sub-sections (6) and (7). and notes, ante, pp. 186, 189. 45. (1-) Subject to the provisions of this Act, parish Sect. 45. meetings shall be held on such days and at such times g um) i^" en f a i and places as may be fixed by the parish council, or, if provisions as there is no parish council, by the chairman of the me etSca parish meeting. '.- Time and Place for Holding Pabish Meetings.— This on is supplemental to section 2. ante, pp. 6 — 11. The notes to that section should be referred to in connection with the present section. The hour [of assembly is not to be earlier than six o'clock in the evening (section 2. sub-section (3)). The annual assembly of the parish meeting is to be held on the 2.">th of March or within seven days before or after that date. Schedule I.. Part 1. Rule(l). As to the place of meeting, see section 4 and note-, ante, pp. 22. et A i/.. and section 61, post. A parish meeting is not to lie held in licensed premises unless no other suitable room is available free of charge or at a reasonable cost (section 61, /' The first parish meetings under the Act are to be convened by the overseers (section 78, post). Where there i- no parish council the chairman of tin- parish meeting d officer elected for the year (section 1'.'. sub-section (1), ante, p. 115). As to the notice to be given of the time and place of holding a parish meeting, Bee Schedule I.. Part l. Rule (2), and section 51, post. It tin' chairman of the parish council is present at Sub-sect. (2). a parish meeting and is not a candidate for election at tin- meeting, I pros ided by this Act, be the chairman of the meetir Chaibm otjncil to f.i: Chaibman <>r Meeting, — Where a pari-h council lias appointed a vice-chairman meld- Schedule I.. Part l. Rule (11), it seems thai in ince of the chairman of the council the rice-chairman, if pre» ut, will '"■ entitled in lake the chair at a parish meeth Where the chairman of the council i, a candidate for election or L92 The Local Government Act, 189-1. S CT. 45. re-election n^ parish or district councillor, or as chairman of the council — for the ensuing year, he will not take the chair at a parish meeting at • ''''• which such election is to be held. See section 2, sub-section (4), and section 3, sub-section (8), and notes, amtt . This is in accordance with the principle of law that a person who is a candidate at an election cannot be returning officer at that election. See Reg. v. Owens, 2 B. \ E. 86 ; 28 I,. .1. Q. B. 316 ; 23 J. P. 711 ; Beg. v. Wizard, L. I.'. 2 Q. B. 55 : 36 I, .1. <,>. 1'.. 18 ; 15 L. T. (n.s.) 242 : 15 W. R. 105 ; 31 J. P. 200 : Beg. v. White, L. R. 2 Q. B. 557 ; 36 L. .). Q. B. 267 ; 16 L. T. (n.s.) 828 ; 15 W. R. 988 ; 31 J. P. 596 : Reg. v. Ward, 1, R. 8 Q. B. 210 ; 12 L. J. Q. B. 126 ; 28 L. T. (N.s.) 118 : 21 W. R. 632 ; 37 J. P. 453. Sub-sect. (3). (3.) The chairman of the parish council, or any two parish councillors, or the chairman of the parish meeting, or any six parochial electors, may at any time convene a parish meeting. How Parish Meetings Convened. — As to the public notice of the holding of a parish meeting required to be given by the chairman of the council or other conveners of the meeting, see Schedule I., Part 1. Rule (2). and section 51 and notes. As to the convening of meetings respecting allotments, sec section 1, sub-section (1). and notes, ante, p. 26, and as to the place of meeting, see section ^ and til and notes. Disqualifi- cations for parish or district council. Sect. 46. 46. (1-) A person shall be 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 ; or (&.) Has within twelve months before his election, or since his election, received union or parochial relief; or (c.) Has, within five years before his election or since his election, been convicted either on indict- ment or summarily of any crime, and sentenced to imprisonment 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 ; or Disqualification of Councillor. 193 (d.) Holds any paid office under the parish council or S;:.t. 46. 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. I ^QUALIFICATIONS FOR OFFICE OF COUNCILLOR OR < 'II A I K.MAN. —It should be observed that the disqualifications here mentioned apply to members and chairman of parish councils, rural district councils, and urban district council- other than councils of boroughs. The dis- qualifications of borough councillors will remain as before. They arc Bet out in the Municipal Corporations Act, 1882. ss. 12 and 39, and it is outside the scope of this Work to refer to them more fully. Disqualifications other than those specified in this section arise under the Felony Act, L870 I 33 & U Vict. c. 23, s. 2) ; the Corrupt Practices 16 & 17 Vict. c. 51), ss. 1,6, 10, and 1884(47 &48Vict. c. 70), ss. 2, 3 ; the Bankruptcy Act, 1883 ( 16 & 17 Vict. c. 52), s. 32, as amended by the Bankruptcy Act, 1890(53 & 54 Vict. c. 71), s. 9. The provisions of the last-mentioned sections relating to bankruptcy extend to members of sanitary authorities (district councils) and boards of guardians; but, as regards these bodies, they may be taken to be superseded by clause (c) ol the present sub-section which, like the rest ni this Bection, extend- also to parish councillors and the chairmen of all ti dies. Aliens. — Aliens are persons who do not owe allegiance to the jn of the United Kingdom. Persons who are aliens by birth be Buch upon becoming naturalised British subjects. See the Naturalisation Act, 1-7" c. 1 1)- Persons in Receipt op Reliep. — The words "or other alms," which occur in the similar clause relating to disqualification of burgesses (Municipal Corporations Act, 1882, -. 9), and have given rise to some difficulty, arc here omitted. Relief to a man'- father i- not, and to his wife or children under the age of 16 is, relief to himself. Reg. v. I eland, L. R. 3 Q. B. 130 ; 37 L*. J. Q. B. 7:: ; 17 L. T. (vs.) 166; L6 W. R. 358 : I & 6 Will. I. c. 76, -. 56. A person employed by guardians in breaking si ss and receiving more than the value of hi- work may he in receipt of relief. See Magarvillv. Whitehaven (0 16 Q. B. D. 242; 65 1.. J. Q. B. 88 . 53 I.. T. I isr.8.) 667 ; 19 J. 1'. 743. The Medical Reliei Disqualification Removal Act, 1885 (48 & 19 \ t. c. 16), removes the disqualifications of voters at certain elections incurred by reason of then- ha\ in i- o I 1 .) I . Government Act, L894. oBOT. 46. ance (as defined bj thai Act) or medicine at the expense of the poor \ rati', inn that enactment will have no application to the disqualifications for offices imposed by the presenl section. Persons Convicted of Cbime.— It is to be noticed that a con- 'ii does nut disqualify (under this section) miles- it is followed by a sentence of imprisonment with hard Labour without the option of a fine or some greater punishment, such as penal servitude. An offence punishable on summary conviction is a crime within the meaning of tin' above clause. Sec Conybeare \. London School J>'i>/in/. 1.. k. (1891) 1 <.). B. 1 18 ; 60 1.. .1. (J. I'.. 1 1 ; 63 1.. T. (n.S.) v 54 Vict. c. 71). Under these Acts, a person who is adjudged bankrupt is disqualified tor a period of five year- tor holding the offices of guardian or member of a sanitary authority ; but this disqualification is to he removed arid cease, if and when the adjudication in bankruptcy is annulled or the bankrupt obtains his discharge with a certificate to the effect that his bankruptcy was caused by misfortune without any mis- conduct on hi> part. A similar provision is contained in sub- section (•">). With regard to disqualification by composition or arrangement with creditors, the following cases may be referred to :— In Aslatt v. The Corporation of Southampton, K'> Ch. 1). 143; 50 L. J. Ch. 31 ; 43 L. T. (N.S.) 464, where the words of the disqualifying Act (the Municipal Coi] Mirations Act, 1882,) related to compounding ed, and a debtor had made a composition with his creditors but not by deed, and had executed a bill of sale to secure, a sum advanced to meet the amount of the composition, JESSEL, M.S., granted an injunction to restrain the corporation from declaring void the otlice of alderman which he held. See also Futcher v. Saunders. 49 J. P. 424, decided on the similar words of the earlier Municipal Corporations Acts. Where a returning officer ruled that a candidate who had filed a petition for liquidation, and had nol obtained his certificate of dis- charge in respect of his partnership estate, his separate creditors never having held any meeting, was disqualified by the provisions of the Public Health Act, 1875. Sched. 2, Rule (5), it was held that such ruling was correct, on the ground that the creditors of the separate estate had voted neither for the closing of the liquidation, nor for the discharge of the debtor; and per Lord Coleridge, C.J., on the ground that the candidate was disqualified owing to the absence of a certificate of large in respect of the partnership estate. Ex parte Atherton, 2 T. L. K. 631. A candidate for election as a member of a local board had assigned all his property by deed to a trustee for the benefit of his creditors who Disqualification of Councillor. 195 Note. should sign the deed, no sum being mentioned in it as a composition to SECT. 46. be paid on the debts therein scheduled as due to them, and the creditors signing the deed thereby discharged him from all dehts due to them by him. Held, that he was not disqualified under the same rule, even though at the time of his election some of his creditors had signed the deed, while others did not sign it till after the election, for that the deed was not " a composition with creditors." Reg. v. ('unban, 18 Q. B. 1). 269 : 56 L. J. M. C. 33 ; 51 J. 1'. 500. The provision in the text appears to apply to adjudications and com- positions before the passing of this Act. and in that respect differs from the Bankruptcy Acts, as to which see Re Pulborough School Board Election, in T. L. P. 349. Paid Officers. — The 5 & 6 Vict. c. 57, s. 1 1. is not repealed by this Act. It provides that no person during (lie time for which he may serve or hold the office of assistant overseer of any parish, nor any paid officer engaged in the administration of the laws for the relief of the poor, nor any person who. having been a paid officer, shall have been dismissed within five years previously from such office under the provisions of 1 ,v ~> Will. I. c. 7ii. shall be capable of Berving as a guardian. And no person receiving any fixed salary or emolument from the poor rate- in any parish or union shall In- capable of serving a- a guardian in such parish or union. It will be observed that the tir-t of these provisions disqualifies generally, hence the clerk or treasurer of one union cannot be the guardian of another. The second only disqualifies in the particular parish. The Poor Law Board advised that anion;;- the officers disqualified as paid officers were the treasurer, chaplain, public vaccinator, and rar of births and deaths. With regard to persons receiving a. salary out of the poor rates, if has been held that the clerk of a highway board school board are not disqualified, though the highway or i] fund is raised a- part of the poor rate, and they are paid out of Buch fund. Reg. v. Rawlings, 16 Q. 1'.. 1>. 382 ; 54 L. .1. Q. 1'.. 557 ; :.-' 1.. T. (N.8.) 136 ; 50 J. 1'. 5. In i i. — Tin' words of the clause are very similar to those in the Public Health Act, 1875, Schedule II., Rule (64), and the folio . idedwitb ret, ithat and Bimilar provisions in other Act- may be referred to: — A t. .i turnpike road let hi- horse and carl at a certain sum to a conl "ii the road, to bt the performance of the held that be was liable to a penalty as being inten in a ■ \ith the turnpike trustees under a clan ar to that in the text. Towtey v. White, :> P. & < '. II'".. The local board of Southampton, being the town council, having contracted with a person to supply iron railings, an alderman of the boro in the way of hi- trade, to the cut! ,., n to enable him to complete his contract. It was held that the alderman was not interested in the o2 106 The Local Government Act, L894. SECT. !»">. contract. A. Feuvre v. Lancaster, 3 E. & B. 5S0 ; 23 L. J. Q. B. 264 j 18 Jnr. 894 ; 18 J. P. 198. With this case should be compared Tomhins v ' v - v.Jolliffe, 61 J. P. 217. There ('. had contracted with a local board to make certain alterations to gas fittings in a town hall. C. employed the defendant, who was a member of the board and a builder, to erecl iffolding for the purpose of enabling him to effect the alterations. It was held by Field, J., that the defendant was Interested or concerned in a contract with the board. In 1846 P. was elected a town councillor, and he was re-elected in L849. In L843 he had undertaken to bind the books and documents of the council. No sum was fixed for his remune- ration, but in 1849, while he was still engaged in his undertaking, he agreed to complete it for l50Z.,the amount of bis disbursements. There was no contract under seal. In July, 1849, lie received 501. on account. [t was held that he was interested in a contract with the council, though he might not have been able t<> enforce it for want of the corporate i. Reg. v. Francis, L8 <,». B.526; 21 L.J. Q. B.304; 16 Jnr. L046; 16 .1. P. 'it! I. It was -aid by A.LDERSON, B., that a somewhat similar clause in a local Act did not apply to a contract made before the defen- dant became a member, though he had not received the money. He said also that "a single bargain, as if the commissioners bought a brush in a shop, would not disqualify the seller, though the price had not been paid." Woolley v. A,///. I II. & N. 307; 2.5 L.J. Ex.351; 20 .1. P. 776. In Nicholson v. Fields, 7 II. ,V N. 810; 31 L.J. Ex. 233; 20 W. K. 304, the evidence against a commissioner for bein.u concerned in ■a contract with the commissioners consisted of an invoice addressed to the commissioners for several separate quantities of lime, supplied at different times during four months. It was held that this was sufficient evidence. This decision was followed in Leiois v. Carr, 1 Ex. D. 484 ; 16 I.. .1. Ex. 314; 3G L. T. (U.S.) 4 1 ; 2 1 W. R. 940. In that ease. BEAMWELL, 15.. referring to the corresponding clause in the Municipal Corporations Act, said: "I think if a shilling's worth id' stationery were bought of an alderman, there would be a contract between the corporation and that alderman." But, in another place, he added : "I doubt very much whether the legislature intended these words to com- prehend tlie ca>c when there was a trifling dealing over the counter, and when the price of the articles was well known." When a member of a local board received payment of 111/. 19*. 9d. from the board, to reimburse him for work done for the surveyor of the board, the work consisting of the use of men and horses at intervals during two years, it was held that he was disqualified. Fletcher v. Hudson, 7 <,). 15. 1). fill ; 51 L. .J. Q. B. 18; Mi L. T. (n.s.) 12.".; 30 W. R. :; I'.i ; 16 J. P. 372. The brother of the defendant entered into a cohl act with a vestry constituted under the Metropolis Management Act, 1 55, and in order to enable him to carry it out, borrowed money from the defendant, who by way of security took an assignment of the itract. Afterward-, the defendant was elected a member of the \ estry. It was held that the defendant was interested in a contract with the vestry. Hurmingsv. Williamson, 11 Q. B. D, 533; 52 L.J. Q. B. Disqualification of Councillor. 197 \ 416 ; 49 L. T. (>\s.) 361 : 32 W. R. l'''>7 : 48 J. P. 132. Where an Sect. 46. officer of a local board was appointed to superintend drainage Works as their engineer, receiving by way of remuneration a per centage on the outlay, it was held that he had an interest in the contract between the board am! their contractor. Whiteley v. Barley, 21 Q. B. 1). 154; :>1 1.. .1. (J. li. 643; 36 W. R. S23; 52 .1 I'. 595. The defendant, a member of a local board, was employed by persons with whom the board had contracted for the performance of certain works on the premises and the board to do portions of the works so contracted for. It was held that the defendant had been concerned in contracts entered into by the board within the meaning of the above rule. Lopes. L.J., said: "1 express no opinion with regard to such very trifling matters a- wen- suggested in the argument, e.g., the pur- chase of a paint-brush, or a lew nails from a member of the board. It may be that the maxim ih minimi.-; /nut rural lex would be applicable in such cases." Nuttony. Wilson, 22 Q. 15. D.744; 58 L.J.Q. B.443; 37 W. R. •"•:.'-' ; 53 .1. 1'. 644; 5 T. L. K. 139. A. and his partner. S., were under contract and hound to repair roads and do other works for a boro e ncil. In October. A. dissolved the partnership and made over the contracts to S. In November. A. was elected councillor on a ia] case. It was held that A. was disqualified on the ground that he remained liable under his contracts. The petitioner had published a notice before the election to the effect that A. was disqualified by reason of the contracts with the council, and the question was publicly dis- til in the ward. Held, that vote- >r A., whose disqualifica- tion wa- victorious, "ere thrown away, and that the petitioner who had next highest number of vote- must he declared elected. Cox v. Ambrose, 55 .1. 1'. 23 : 60 1.. .1. <,». B. 114; 7 T. I.. R. 59. The Interest in the contract continues so long a- the contract it-elf exists. This may be important in considering whether an action for pen i in time. See Todd v. Robinson, 1 I Q. I>. I). I.. .1. Q. B. 17; 52 L. T. (n.s.) 120; 49 .1. I'. 278. A- to the liability of a member for contracts entered into without his knowledge i. -i hi- order-, see Mile, \. Mcllwraith, 8 App. Cas. 120; :'>l VV. I;. 591 : I- L.T. - 9; 52 L.J. M.C 17. It appears from the decision in Mellisy. Sliirley f."<;il Board, 1<> m B. D. 146; -v. I... I. Q. B. I 13; 53 I.. I 310; 34 W. R. 187; .mi. I. P. 214, that a contract between :i local board ami a member is oid and cannot be enforced. But the case doe- not decide whether the contract would he void if the member became in I in ter it lee I been mad.- i . i rrjN, L.J., seemed tip he of opinion that it would not. though the member would he prohibited from taking any benefit under it. {■2.) Provided tl thai! not be disqualified Sub-sect. (2), [or being elected or being ;l member or chairman o such council or board b oi being inter* ited— The Local Government Act, L894. Si a t. 16. (<<■) 1" fche sale or lease of any hinds or in any loan "I money fco the council or board, or in any con- tract with the council for the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repair- ing highways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or (b.) 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 lie shall not vote at any meeting of the council or board on any question in which such company are interested, except that in the case 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. Permitted Interests in Contracts. — The exception- aa fco sales or leases of Lands and loans of money arc similar fco those contained in the Public Health Act, 1875, Schedule 2, Rule (64), repealed by this Act. Reference may be made to Reg. v. Gaskarth, 5 <,». 1!. D. '•'>'!] ; 49 L. J.Q. B. 509; 42 L. T. (.vs. > ess : 28 W. K. 596 j II J. P. 507, where it was held that a member of a sanitary authority was not dis- qnalified by reason of a lease to him by the board of a sewage farm containing covenants on the part of the hoard to supply, and on his part to use on the demised premises the sewage of the district. Lush, J., said that the words were intended to cover a lease of a farm for agricultural and sewage purposes, whether made by or to the sanitary authority. The remainder of clause ( c absent from meetings of the council or board lor more than six months consecutively, except in case of illness or for some reason approved by the council or board, his office shall on the expiration of those months become vacant. Disqualification by Absence from Meetings.— a similar provision relating to councillors of a borough is contained in the Muni- cipal Corporations Act, 1882, s. 39. it seems to be necessary that the scat should be declared vacant under the next sub-section before a vacancy actually takes place. Sub-sect. (7). (7.) 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 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. Declabing < ii'fice Vacant.— There will not, as it seems, be any actual vacancy until a declaration is made under this sub-section. Sec the similar provision in the Municipal Corporations Act, 1882, s. 39, and the cases decided with reference to it. Beg. v. Leeds {Mayor, $c, ). 7 A. & E. 963 : Rardwiek v. Brown, L. R. 8 C. 1'. 406 ; 28 L. T. (N.S.) 502; 21 W. R. 639; 37 J. P. 407; Beg. v. Welshpool (Mayor, ,\v., of), 35 L. T. (.vs.) 598. li bas been held in a recent case arising under a similar provision in the Education Act, 1870, disqualifying a member by absence, that a school board arc not entitled to proceed to the election of a new member without first giving the defaulting member an opportunity of explaining or excusing his absence. Bichardson v. Methley School Board, L. R. (1893) 3 Ch. 510 ; 62 L. J. Ch. 943 ; 69 L. T, (N.S.) 308 ; 42 W. II. 27; 9T. L. R. 603. Sub-sect, (8). (8.) If any person acts when disqualified, or votes when prohibited under this section, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds. Penalti pob acting cubing Disqualification.— This fine will be recoverable before justices in manner provided by the Summary Jurisdiction Acts. See 12 i: 43 Vict. c. 19, s. 51. The amount of the Vacancies at Annual Election. 201 fine to be imposed in any given case will be in the discretion of the SECT. 46. justices. There is no appeal to quarter sessions against the conviction, — — ■ but a special case may be stated upon any point of law under 20 & 21 Vict. c. 43, and 42 & 43 Vict. c. 19, s. 33. (9.) This section shall apply in the case of any autho- Sub-sect. (9). rity 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. This section will, therefore, apply to members of London vestries, to London auditors, and to members of the Woolwich district council. 47. (1-) If at the annual election of parish councillors Sect. 47. any vacancies are not filled by election, such number of Supplemental the retiring councillors as are not re-elected, and are provisions as required to fill the vacancies, shall, if willing, continue to councils, hold office. The councillors so to continue shall be those who 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 the parish meeting, or, if not so deter- mined, by the chairman of the parish council. tixuaxce ix Office of Parish Councillors where Vacancies not pilled by Election.— The annual election of parish councillors will, it appears, take place at the animal assembly of the parish mi m the 25th March or other day within seven days of thai date Sec note to section 2, sub-section (3), ante, p. 7. Qcillors continuing to hold office under this sub-section will not be bound to make a declaration of their acceptance of office under Schedule I.. Pari 2, Rule (lj. It will, however, it is submitted, be the duty of the chairman of the council, upon its appearing thai the 11 nol be filled by election, to take the earliest opportunity of acquainting the councillors who were highes! on the poll at the las! election with the tact thai tiny air entitled to continue in office, and they ought forthwith to signify to bim whether they desire to exercise that option or not. II they do nol desire to continue in oilier it is suggested thai the option should be offered to those who were nexl heal "ii the poll. If the ibers wi re equal or there was no poll nt the I. n. it will be the duty of the chairman of the council, al tin ipportunity, to submit, for election i«\ the parish meetin the names of anj retiring councillors who are willing to serve again. If it is clear from the number of nominations that there will be racam i to be filled up in this way by the parish meeting, it Beems that thi names may be submitted for election al the pa'rish meeting al which the election of any new candii to tak< place, i.e., al the annual 202 The 1 Government Act, L894. BSSOT 17 assembly; ii the existence of Buch vacancies does aol appear until — that meeting has taken place, the chairman of the council mnsl Eorth- ""**■ with convene a meeting in the ordinary way Eor the purpose of selecting retiring councillors to fill the vacancies. It' the vacancies are not filled i mm the retiring councillors by the parish meeting the chairman of the council may appoint retiring councillors in till them. Where the vacancies are not filled up at, the annual election ami a sufficient Dumber of retiring councillors willing to serve again cannot be found, the difficulty may, it seems, lie removed by an order of the county council for a new election under sub-section (5), post. Sub-sect. (2). (2.) A retiring parish councillor or chairman of a parish council or parish meeting shall be re-eligible Re-elections of Councillor oe Chairman. — The chairman of a parish meeting, referred to in this and the next sub-section, appears to be the annually elected chairman of that meeting in the small parishes which have no parish council. See note "Chairman of Parish Meeting" (section 2, sub-section (4), ante, p. 7). A retiring chairman of a parish council will not preside at the parish meeting at which an election of councillors is to take place, if he is a retiring parish councillor, and is a candidate for re-election. See the note to section 45, sub-section (2), ante, p. 191. Sub-sect. (3). (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. Hksignation of Office. — A notice to the chairman of a parish council may be left at or sent by post to his usual place of abode (Sched- ule 1., Part 2, Rule (6) ; a notice to the parish council may be given to the clerk of that council (J&. Rule (15)). A notice to a parish meeting may be given to the chairman of the meeting (Schedule I., Part 1, Rule (11) ). The result of this last-mentioned rule is that the chairman of a parish meeting who wishes to resign must give notice in writing to himself. It is submitted, however, that the chairman of a parish meetiiiv: should take some other means of making his resignation public, as, for instance, by announeinx it at a parish meeting, or giving public notice of it in a local newspaper, or in the manner directed as to fixing of public notices by section 51, post. Sub-sect. (4). (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 Vacancies. 203 casual vacancy in the office of chairman of the parish Sect. 47. 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. Filling of Casual Vacancies. — A casual vacancy among parish councillors, or in the office of chairman of a parish council, may arise through death, resignation (section 3), or the incurring of a disquali- fication (ante, section 46, and notes, pp. 192-200), and in the case of a chairman, through ceasing to be qualified (section 3, sub-section (8)). I pon such a vacancy occurring, it will be the duty of the chairman forthwith to convene a meeting of the council for the purpose of filling the vacancy (Schedule I.. Part 2, Rule (2) ; the proper notice of the meeting and of its object being given under Schedule I., Part 2, Rule (5)). If hi a to do so, the meeting may be convened by two councillors, under lb. Rule (4) ; if necessary, the county council may act under sub-section (5), post. The person appointed must, of course, possess the necessary qualification (see section 3, sub-section (1), ante, p. 10). and the appointment will be made by a majority of the votes of councillors present at the meeting, the chairman having the nng vote (Schedule 1., Part 2, Rules (9), (10)). When the vacant office is that of chairman of the council, and the vacating chairman has not, before his office has become vacant, convened a meeting for the purpose of appointing his successor, this duty will devolve upon the vice-chairman (if any): if there is no vice-chairman, it is suggested thai the meeting may be convened by two parish councillors as in the case of a refusal by the chairman to convene a meeting (Schedule I., Tart 2, Rule (4)). In a parish nol having a parish council a casual vacancy in the office of chairman of the parish meeting may arise through death or resigna- . ; the holder of that office is not, apparently, subject to the dis- qualifications enumerated In section 16. If the vacating chairman has not, before his office become vacant, convened a meeting for the pur- pose of lining the vacancy, any six parochial electors may. upon proper notice, convene a meeting for thai purpose (section 15, Bub-section (.'>) ; Schedule [., Pari I. Rule (2) ). The vacancy will be filled by a major it] of those voting al the meeting unless a poll is demanded bedule I.. Pari I. Rul (7)). The chairman (elected for the pnrpoa a o! thai meeting) will have a casting vote ( lb. Rule (8) ). 1 parish council become unable to act by Sub-sect. ,i v.iint of councillors, whether from failure to elei bherwise, the county council may order a new ction, and ma) b) ordi r make such provision as ms expedienl for authorising anj person to act tern 204 The Local Government Act, 189-1. Mi r.47. porarily in the place of the parish council and of the chairman thereof. Poweb of CorxTY Council to order New Election. — This sub-section musl be read as subjeel to the provisions of sub-section (I), ante, as to the filling of vacancies where they have not been filled liy election. A difficulty requiring the intervention of the county council might arise, as has been pointed out above, by reason of the unwilling- ness of retiring councillors to remain in office, in order to fill a vacancj . Until the parish council is once more properly constituted the county council may appoint a substitute to perform the duties of that body and of the chairman. In this connection the word " person " must be taken to include the plural. It seems that a " deputy parish council " so appointed might exercise temporarily nil the powers of that council, but the (lowers and duties of such deputy might be defined by the order appointing him. A- to the powers ami discretion of a county council as to removing difficulties with respect to the first elections of parish councils, see Motions so and *:;. post. Sect. 48. Supplemental provisions as to election-, polls, and tenure of office. 48. (1-) The election of a parish councillor shall be at a parish meeting, or at a poll consequent thereon. Election of Parish Councillor. — As to the parish meeting, see section 2, ante, p. 5, and Schedule I.. Part 1. post. The election is to he by ballot (section 2, sub-section (5)), and according to rules framed by the Local Government Board under section 3, and this section. Sub-sect. (2). (2.) Eules framed under this Act by the Local Govern- ment Board in relation to elections shall, notwithstanding anything in any other Act, have effect as if enacted in tins Act, and shall provide, amongst other things, — (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 sub- scribing a nomination paper or voting in more than one parish or other area in the union or district ; (hi.) For pie venting an elector at an election for a parish divided into parish wards from subscrib- EuUs in Respect of Elections. 205 ing a nomination paper or voting for more than Sect. 48. one ward ; (iv.) For fixing or enabling the county council to fix the clay 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. RULES ONDEB this A.CT. — These rales air to relate to the elections of parish councillors (section 3, sub-section (6) ), guardians and rural district councillors (section 20, Bub-section (5), and section 21, sub- ion (4)). urban district councillors (section 23, sub-section (.",)), and members of London vestries (section 31, sub-section (1)). The rule- are expressly to provide for the matters above mentioned. NOMINATION. — The rules will no doubt prescribe the form of the nomination paper and the mode in which it is to be Bigned. They may also provide for the determination of objections to the nomination paper which are expressly mentioned in the next sub-section. VOTING ONCE in ONE DiSTEICT. — A voter may nominate or vote for parish councillors in any parish in which he is qualified, and in as many as hi is qualified to vote in, though these may be in the same anion or district. Bat in an election of guardian- or district councillors he may nominate or vote only once, though he may be qualified to nominate or vote in more than one parish or area. The elector will presumably have the right in Buch a case to elect in which parish or ai in thi 'lion or district be proposes to nominate or vote. Voting in Wards. Where a parish is divided into ward-, no elector i- to nominate or vote in more than one ward. Days ami Hours op Polling, -The rule- may either fix the and hours of polling or provide for the county council doing bo. The poll must always be kepi open from 6 P.M. to 8 P.M. In elections London the hours of poll will be from 8 a.m. to a 31, Bub-section I I }, ante, p. 160. Polls to i i b br. The intention appears to be that in nnal districts the elections of parish and rural district coun- cillors shall be i at the same time, and in urban districts the 206 The Local Government Act, 1894. g HCT iq . ectioiis of guardians and urban district councillors. In boroughs, li iwever, the guardians will conic into office on the 15th April (section v, ' v - 20, sub-section (6), " / ' / '- 1'- l - l) - w,li ' 1 ' ,,l( ' b orou gn councillors are elected on November 1st, so thai these elections cannot lie held together. Kin i:\i\c Officer. — The Act does not specify who is to be the ret limine otlicer. This is left to the rules to provide for. At present in a local hoard election, the chairman is the returning officer unless he w a candidate : in elections of guardians, the clerk to the guardians. A- to the returning officers at the first elections, see section 7'.), suh- sections (1) and (10), post. Sub-sect. (3). (3.) At every election regulated by rules framed under 35 & 3(5 Viet, this Act, the poll shall be taken by ballot, and the Ballot ''• ;i: '- „„. \ct, 1872, and the Municipal Elections (Corrupt and 4 7 *c 48 \ ict c 7n. Illegal Practices) Act, 1884, and sections seventy-four 45 & 4G Vict. and seven ty-fAve and Part IV. of the Municipal Corpora- tions Act, 1882, as amended by the last-mentioned Act (including the penal provisions of those Acts), shall, sub- ject to adaptations, alterations, and exceptions made by such rules, apply in like manner as in the case of a muni- cipal election. Provided that — (a.) Section six of the Ballot Act, 1872, shall apply in the case of such elections, 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 (b.) Section thirty-seven of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply as if the election were an election men- tioned in the First Schedule to that Act. Poll to be taken by Ballot. — Subject to alterations and modi- fication- to he made by the rules, the elections under this Act will he conducted in the same manner as municipal elections. See the Muni- cipal Corporations Act. 1882, s. 58, and Schedule III., Tart :;. Section 71 of thai Ad deals with certain offences in relation to nomination papers. It provides that if any person forges or fraudulently defaces or fraudulently destroys any nomination paper, or knowingly delivers any ed nomination paper, he shall he guilty of a mi-demeanor and liable Rules in Respect of Elections. 207 to imprisonment, with or without hard labour, for a term not exceeding Sect. 48. >ix months. An attempt to commit any of these offences is punishable ~~" in the' same way. Section 75 relates to offences connected with lis and election-, Lut it is difficult to see how it can apply to elections under this Act Part IV. (elates to corrupt practices and election petitions, and as amended by the .Municipal Elections (Corrupt and Illegal Practices) Act, 1884, is already applied to elections of borough councillors, local boards, improvement commissioners, and guardians. The provisions of l„,rh th« out in the Appendix to "Lumley's Public Health.'* but it is inadvisable to deal with them more fully in this place, as it is quite uncertain how far they will be adopted or altered by the rules. ion 6 of the Ballot Act, 1872, enables the returning otlicer to use free of charge, for the purpose of taking the poll, any room in a school receiving a grant out of moneys provided by Parliament, and any room the expense of maintaining which is defrayed out of a local rate, but he must make good any damage done to the room and defray any expense consequent on it- being used for the poll. The text enables the room to be used for hearing objections to nomination papers and counting vot( Section 37 of the Act of 1884, exempts certain elections from the provisions contained in the Act a- to maximum expenses. Such exemp- tion will extend to election- under this Act. ( 1 . ) The provisions of the Municipal Corporations Act, Sub-sect. (4). 1882, and the enactments amending the same, with -pect to the expenses of elections of councillors of a I to the acceptance of office, resignation, by i .f holders of office, and the filling of casual vacancies, and section fifty-six of that Act shall, suhject to the adaptations, alterations, and exceptions made by the Baid rules, apply in the case of guardians and of dis- trict councillors of a county district not a borough, and members of the local hoard of Woolwich, and of a under the Metropolis Management Acts, 1855 to Act amending the same. Provided that — I The provisioi » resign ball not apply to trdians, and district councillors of a rural al] be in th position with respect to i members ol a board of guar- dians ; and (6.) Nothing in the enactments applied by this section 208 The Local Government Act, 1894. i IS. shall authorise or require a returning officer to hold an election to till 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 guar- dians being the same as heretofore. Application of Municipal Corporations Act, 1882.— This Mil>-section does not apply to elections of parisl acillors. Expenses of Elections. — In municipal elections the expenses are payable out of the borough fund (Municipal Corporations Act, L882, s. HO, Schedule III.. Part 3, Rule (5), and Schedule V., Part 2, Rule (1)). This will probably be adapted by a provision that the expenses of elections under this Act shall be paid out of a named rate or fund. Acceptance op Office. — In a borough every qualified person elected to a corporate office must accept the office or pay to the council a tine (in the case of a councillor) df such amount not exceeding 501., as may be fixed by a bye-law of the council, or if there is no bye-law, 251. (Municipal Corporations Act, 1882, s. 34). RESIGNATION. — In a borough a councillor may resign at any time by writing, signed by him and delivered to the town clerk on payment of the fine provided Eor non-acceptance of office (Municipal Corpora- tions Act, 1882, s. 36). These provisions are only to apply to tubal) district councillors. See sub-section (a), infra. RE-ELIGIBILITY. — In a borough a person ceasing to hold a corporate office, unlcs- disqualified to hold the office, is re-eligible (Municipal Corporations Act, 1882, s. 37). Casual Vacancies.— The Municipal Corporations Act, 1882, s. 10, provides that on a casual vacancy in a corporate office, an election shall be held by the same persons and in the same manner as an election to till an ordinary vacancy : and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office. In case of more than one casual vacancy being filled at the same election, the councillor elected by the smallest number of votes is to be deemed to be elected in the place of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of rotes is to be deemed to be elected in the place of him who would regularly have next gone out of office, and so with respect to the others ; and if there has not been a contested election, or any doubt arises, the order of rotation is to be determined by the council. Non-acceptance of office creates a Election of Guardians and District Councillors. 209 casual vacancy. This general provision is subject to proviso (/•.), Sect. 48. infra. Relation of Nomination to Election. — Section 56 of the Municipal Corporations Act, 1882, provides as follows : — (1.) If the number of valid nominations exceeds that of the vacancies, the councillors shall be elected from among the persons nomi- nated. (2.) If the number of valid nominations is the -nine as that of the vacancies, the persons nominated shall be deemed to be elected. (3.) If tin- number of valid nominations is less than that of the vac the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or if the poll was equal, or there was no poll, as are selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number. (4.) If there is no valid nomination the retiring councillors shall be 1 to be re-elect The rules may adapt this by substituting the chairman for the mayor. As the section stands, when the retiring councillors are to be deemed re-elected, they mi - or pay the fine for non-acceptance of office. Resignation or Guardians and Rural District Coun- cillors.— This is regulated by 5 & 6 Vict. c. 57, s. ] i. which enables the Local Goi mment Board to accepf the resignation of any guardian for any cause they may deem reasonable. - At. v.\ within Six Months of Day of Election. — This proviso is similar to that applicable to elections of county illora in ■"» t & 55 Vict. c. 68, s. 1. snb-sect | l i. of Elections of Guardians.— Hitherto the expenses of the election of guardians have been defrayed ii. manlier :■ by the General Election Order of 1877 (see Mac- morran and Lashington's "Poor Law General Orders," p. 583). Bj thai order, the clerk who is the rcturni neral fee, which is determined by the guardians (Art. 32). When voting papers have been delivered hi a further payment in respect of each separate --tneiit in the parishes where there is a contest (Art, 83). And the t of providing voting papers and poll ; lis on the particul -h in which the c " It i- thus seen thai the order provides, 6rst, for the atested elections. 'lie tied tor the former, and special provision for the tion i- the concern of the union, ami the fee i- ttaen dou the common fund, but :i contested election ia :i 'i. and tb isequentlj t" be borne by the P I," p, 124.) The l' Note. '210 Local Government Act, 1894. Six i'. is. proviso contemplates thai the orders may provide for the expenses of a contested election Ealling on the parish instead of on the onion at Large. \ Snb-sect. (5). t 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 necessary for the purpose of holding the election. Difficulties with bespect to Elections. — The text does not in any way indicate the kind of difficulties for which it provides, and the language is so wide and vague that it might apply to any objection which emild be raised to the validity of an election. It will not, how- ever, supersede the ordinary modes of trying a question of validity of an election, viz., by election petition or quo warranto. Sub-sect. (6) (6.) Any ballot boxes, fittings, and compartments pro- vided by or belonging to any public authority, for any election (whether parliamentary, 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. I BE OF Ballot Boxes, &c.— The conditions and rites of charge will be prescribed by the Local Government Board. See section 75, sub-section (2), post. Sub-sect. (7) (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 county, 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. SCALE OF EXP] NSE8 OF ELECTION.— The expenses here referred to are those of the returning officer. The county council are to fix this Parish Meetings for Wards. 211 scale. The first elections are to be held on the 8th November next, or Sect. 48. on some later dates fixed by the Local Government Board (section 14, - — ). If the county council have not fixed a scale a month before the first election, the Local Government Curd are to do so for purposes of the first election. (8.) This section shall, subject to any adaptations made Sub-sect. (8). by the said rules, apply in the case of every poll con- sequent on a parish meeting, as if it were a poll for the election of parish councillors. Poll consequent on Parish Meeting. — The cases in which a poll may be demanded are specified in Schedule L, Part 1, Rule (7), post. The rules must make some adaptation of the ballot papers so as - t out the question in respect of which a poll is demanded. 49. Where a parish meeting is required or authorised Sect. 49. in pursuance of this Act to be held for a ward or other p rov i^, .,„,,, part of a parish, then — parishmeeting for part of (a.) The persons entitled to attend and vote at the parish. meeting, or at any poll consequent thereon, shall be the parochial electors registered in respect of qualifications in that ward or part ; and (b.) The provisions of this 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, shall apply as il the wan! or part were the whole parish. Parish Meeti Wards ob parts of Parishes.— By ;<>n IS (ante, p. 113) a parish may be divided into wards, and where that lias hem done there is to be a separate ele tion of parish councillo Bach ward; this will involve the holding of a parish meeting for the ward. There may also be a separate parish mi for a pari of a parish with a defined boundary where the county council has made an order for the consent of Buch meeting bein n red und. a 37 (ante, p. 173), and in other cases (see sections 56 and m (5) and notes, post). A parish meeting for a pari of a parish may be held for the pui , ptive Acl which . be adopted for a part of a parish (section 7, sub-section (4) p. 17). in these and in any othi riiere ;l parish mi nay he held lor .i ward or pari ol a parish the provisions of this section will apply. Ii bat alreadv been provided by section II. sub-section < l (an 5 1, thai thi li te and reg ter ol el< toi an to be framed in s for wards, so thai where ,, -t there will implete -t. i oi the parochial h ward, "■ I lone will bo I - •21-2 The Local Government .let, 1894. \ Sixt. -10. entitled to vote al a parish meeting for the ward. Where a parish meeting is to be held for a part of a parish which is qoI a ward there is no provision as to a separate register Eor thai pari being made, but it is suggested thai before any parish meeting Eor the part is beld a register should be mail.- of the parochial electors of the parish registeredin respeel of qualifications in thai part. Such parochial electors only will be entitled to attend and vote at a meeting for the part. The parish meeting Eor a ward or part will be able to choose a chairman Eor the purposes of any particular meeting at which the chairman or vice-chairman of the parish council is nut entitled to preside. Sec section 2, sub-section ( I ), and note " < ihairman of parish meeting" (ante, p. 7), and Bection !•">. sub-section (2), ante, p. 191. As tii the convening id' a meeting by six parochial electors, see 3i tion 1"'. Bub-section (3), and note, ante, p. 192. Sect. 50. 50. If, in the case of a rural parish or of any urban S ]~~ l P ar i SD m respect to which the power of appointing over- provisions as seers has been transferred under this Act, notice in the to overseers, prescribed form of the appointment of overseers is not received by the guardians of the poor law union coin- prising the parish 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 shall make the appointment or fill the vacancj , and any over- seer appointed by the guardians shall supersede any over- seer previously appointed whose appointment has not been notified. Any such notice shall be admissible as evidence that the appointment has been duly made. Appointment of Oveesebes by Guardians in certain CASES.— The power of appointing the overseers is transferred by tion 5 (ante, p. 26) to the parish council of a rural parish, and by d I '.>. sub-section (5), to the parish meeting of a rural parish not having a parish council. By section 33 the Local Government Board may make an order conferring upon the council of a municipal borough or of any other urban district, or upon some other representative body within the borough or district, the power to appoint overseers and applying with the necessary modifications the provisions of this Act with reference thereto. Section ■>. sub-section (1), requires a parish council to give immediate notice in the prescribed manner to the board of guardians of any appointment of overseers made by thai council, and under section 19, Bub-section (.",). that duty is required to be performed by the parish meeting in a -mall parish. It may be assumed that an order made under section 33 would apply this provision to the body Upon whom the power to appoint overseers was conferred. Public Notices. 213 Under the pn :i >n such notice is to be admissible as evidence Sect. 50. that the appointment was duly made. 'The presi , - ribes a time within which the notice is to be ' ' en, viz.. within three weeks alter the 15th April (the day on which a new parish council comes into office in each year) or after the if a vacancy in the office of overseer. If the notice is not received by the guardians within that period, they are required by this '•n to make the appointment themselves, and the overseer appointed by them is to supersede any previously appointed overseer whose appointment has not been notified. This supersession will, it is sub- mitted, only take place as from the date of the appointment of the over- seer by the hoard of guardians, and acts done before that date by any er whose appointment fails for want of notification w ill be valid. Parish and District Councils. 51. A public notice given by a parish council for the Sect. 51. purposes of this A«t. or otherwise for the execution of p aW j~ ti their duties, and a public notice of a parish meeting, shall 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 council or to the aons convening the meeting desirable for giving publicity to the notice. Public Notices uy Pabish Council and of a Parish Meeting. matters in respect of which public notice must riven by a parish conncil are specified in the Act [e.g., a- to the stopping up of ways (section ! ection (1) ), and many other such matters must arise in the course of the exercise of the powers and duties of the <•' cil. Public notice of the time and place of a parish meeting and (.1 the business to be transacted at it must be given by the person or persons convening il •■ meeting. Schedule I.. Part 1, Rule (2). All -uch public notices are to be given in the manner directed by this ion. viz.: — (i.i In the manner required for giving notice of vestry meetings ite, infra ng the notice in some conspicuous place or places within the parish ; (iii.j in snch other manner as appears desirable to the givers of the notice for gi\ ing publicity. It will be noticed that thi alternative methods of giving the notice; to ensure its validity for the purpose for which il nit most be giv< ii both in the first and in the second of the ways mentioned, ami onghl to be given in the third way also if that i- considered desirable. As to the manner in which nol estrj n required to 21-1 The Loci/ Government Act, 1894. E i i '. 51. ' 1C givoiii ''"' 68 Geo. 8, c. 69, provides (section 1) that public notice is bo be given of the place and hour of holding the meeting, and of the '• Bpecial purpose thereof, three days at the least before the clay to be appointed for holding the vestry by the publication thereof in the parish church or chapel on some Sunday during or immediately after Divine service, and by affixing the same on the principal doors 61 such church or chapel. But the 7 Will. I. and 1 Vict. c. 45, s. 2, modifies this by enacting that not ires required to be given in churches or chapels during or immediately after Divine service shall be reduced into writing and copies thereof , in writing or print, or partly in writing and partly in print, shall, previously to the commencement of Divine service, beallixcd on or near the doors (i.e., the principal doors) of all the churches and chapels within the parish, and sucli notices when so allixed whall be in lieu of, and as a substitute for, the proclamation and notices theretofore given. The " three days " are " three clear days," viz., exclusive of the day of giving the notice and of the day on which the meeting is to be held, and as the notice must be affixed to the church door on a Sunday, a notice of a meeting to be held on a day in the week earlier than Thurs- day must be posted on or before the Sunday of the week preceding the week in which the meeting is to be held. The churches or chapels, on the principal door of which the notice is be affixed, are churches or chapels of the Established Church in which Divine service is accustomed to b celebrated. Ormerod v. Chadwick, 1(5 M. & W. 367 ; 16 L. J. M. C. 143 ; M. v. Whipp, 4 Q. B. 141 ; 12 L. J. M. C. 64. As regards notice of a parish meeting the period of seven clear days must he substituted for three days as the period of notice. Schedule I., Part 1, Rule (2). As to the giving of notice to parish councillors of meetings of a parish council, see Schedule I., Tart 1, Rule (5), where the length of notice prescribed is three clear days. dect^o-u 52, (1.) Any power which may be exercised and any Supplemental consent which may be given by the owners and ratepayers of a parish or by the majority 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 Institutions 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. Transfer to Parish Meeting op certain Powers op Owners and Ratepayers of a Parish. — Amongst the provisions in the Acts relating to the relief of the poor which enable the owners and ratepayer^ of a parish to exercise powers, and require their consents respecting the matters mentioned in the text, are the following : — pro\ isions as to transfer of powei -. 1 7 & 18 Vict, c. 112 School Boards. 215 Under the Poor Law Amendment Act. 1S.11 (f & 5 Will. I. c. 76), Sect. 52. the guardians of parishes in tin' same union may agree that fur the pur- — — poses of raising the funds for the relief of the poor of such union, such ' parish shall lie considered one parish ; but where a parish is not repre- sented by a separate guardian such an agreement is not to lie binding upon that parish unless the majority of the owners of property and ratepayers shall by their votes in writing testify their assent to -uch agreement (I & ~> Will. i. c. 76, s. 36). Under section 62 of the same Act the n - of a parish, and such of the owners of property therein as have in the manner mentioned in that Act required their names to be entered in the rate books as entitled to vote as owners, may direct that such sum or sums, not exceeding half the average yearly rate for the last preceding three years, as they may think proper, shall be raised or borrowed for the purpose of defraying the expenses of the emigration of poor persons having settlements in the parish and willing to emigrate ; such money must be raised upon the conditions mentioned in the section, and the consent of the Local Government Board is required to give validity to the direction to raise it. The School Site- Acts are the I & :, Vict, c. 38 (1841) : the 7 >!c 8 Viet. c. :17 (1844) ; the 1 li & 13 Vict. c. 4. (2.) In b rural parish the power of making tin applica- Suh-sect. (2.) fcion "i' pa i 'lui ion given bj ection twelve of i be v Education Ad, L870, and b ion forty- 83 & 34 Vict, one of the Elementarj I on Act, 1876, to the 39 & ' 40 yj ct electing bod) mentioned in the Eormei section shall bee. 79. 216 The Loral Government Act, 1894. Shot. 52. transferred fco bhe parish meeting of the parish, and shalJ in cases under the latter section be exercisable 1>\ the like majoritj of the parish, meeting, and, if a poll is taken, ol bhe parochial electors, ;is is required by that section in the case of the said electing body, and rule two of the Second Part of the Second Schedule to the former Act with respect to the passing of such resolution shall not apply. Applications fob Fobmation and Dissolution of School Boabd. — Under section 12 of bhe Elementarj Education Act, 1870 (ii.'i & :W Vict. c. 75), application may be made to the Education Department by the persons, who, if there were ;i school board in that district, would elect the school board, and the Department maj there- upon afterinquiry and notice, cause a school board to be formed for that district. Such an application is to be made by a resolution passed by the electing body after notice published at least a week previously, and the provisions of the S( ml Part of the Second Schedule to the Act, with respect to the passing of the resolution are to be observed. Rule 2 of the second part of the schedule referred to provides that the resolution is to be passed in like manner as near as may he as that in which a member of the school board is elected, with any modification contained in an order of the Education Department under the first part of the schedule. This rule is not to apply to the passing of such a resolution by the parish meeting, to whom the powers of school board electors under section 12 of the Act are transferred. The resolution may. therefore, be passed by a parish meeting, but it is a matter respecting which a poll may be demanded by any one parochial elector (Schedule I., Pari 1. Rule (7) (/) ). Section 41 of the Elementary Education Act, 1876 (39 & 4U Vict, c. 71). provides that where application for the dissolution of a school board is made to the Education Department by the like persons, and in the like manner as an application for the formation of a school board under section 12 of the Ad of |s70, but by a majority of not less than two-thirds of those who vote upon the occasion, and the Department are satisfied 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 sufficient public school accommodation for the district, and that no requisition has been -cut by the Department to the board under section 10 of the Act of 187fi, requiring them to supply public school accommodation, then the Department is fco consider the circumstances, and may order the dissolution of the school board, and make other consequential orders. The powers of the school board election ip:dcrthis section is transferred by the, text to the parish meeting, and the provision as to a majority of two-thirds being requisite to the passing of the resolution (which is the method of making the application) is retained, but Rule 2 of Schedule II„ Part 2, of the Act of 1870 (see above), is not to apply. Exhausted Parish Lands. 217 The dissolution of a school board is also a matter as to which a poll Sect. 52. may be demanded by a single parochial elector (Schedule I., Part 1. — Ruie7(/)). (3.) The consent of justices shall not be required for Sub-sect. (:'.). 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. Sale of Exhausted Paeish Lands.— Section 48 of the High- way Act, 1835 (5 .v. 6 Will. 4, c. 50). provides that where land I been allotted to parishes under the Inclosure 'Acts (see the Inclosure Act, 1845 (8 & 9 Vict. c. 11-. s. 72), for the purpose of obtaining rials for the repair of the highways in such parish, and the materials have been exhausted : " It shall and may be lawful for the surveyor of such parish for the time being by or with the consenl oi the vestry, and he is hereby authorised and required with the consent in writing of th< - the peace at a special sessions for the sell and convey to some person whose lands adjoin then or if he refuse to purchase to any other person, the said parcels of land .i which the said materials have been so exhausted as aforesaid, at and for such price as the said justices may deem fair and reasonable, and with the money arising therefrom, and with such consent aforesaid, to purchase other lands in lieu there The 8& '•' Vict. c. 71, extend- these provisions to all lands belonging to ] or to the surveyor of highways for the purpose of the repair of highways, the materials in which have been exhausted. Under the Highway Act. 1862 (25 & 26 Vict. c. of this Act a rural district council has away authority for the district, these powers of the ir are transferred to that council. In an urban district the power- of the surveyor, and also those given to the vestry by the Act of i - iaable by the urban authority i,B. Ml). • ,,|" jus) . tired by section 18 of the Act of L836 is ,,,, j y will in future l" given by the parish council ■'.- be. Where the land- I parish, not only for the purpose oi the supply of material for the repair of the roads, but for the Ad - ii"t apply, and the land, wlnn the material- are exhausted or ale ,,,,, lie for the other purpo ,l t,, the ted Parish Lands Act, I . land ie to he d.alt with as -h prop< rtj undi r tie W ill. I. i t. c. I B, and no consent of j 218 The Local Government Act, 1894. Sect. 52. (4.) Where the legal estate in any property is vested Sab-sect m ^ n t ' u ' churchwardens and overseers of cany parish by 59Geo. 3, virtue of the Poor Eelief Act, 1819, nothing in the °" '-' Charitable Trusts Acts, 1853 to 1891, shall he deemed to require the consent of such 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 Act dealing with the said legal estate. Provided that nothing in this section shall affect any lights, powers, or duties of the churchwardens and over- seers or the parish council, in cases where they have active powers of management. Consent of Churchwardens and Overseers to Vesting Order under Charitable Trusts Acts. — Section 17 of the Poor Relief Act, 1819 (59 Geo. 3, c. 12), makes the churchwardens and overseers of a parish a body corporate for the purpose of holding lands belonging to the parish. Section 48 of the Charitable Trusts Act, 1853 (lfi & 17 Vict. c. 137), gives jurisdiction to a judge of the Court of Chancery (now the Chancery Division of the High Court) to make orders vesting charity lands in certain rases in the treasurer of public charities (now the official trustee. of charity lands : Charitable Trusts Amendment Act, 1855, s. 15), but the same section provides that no such vesting order as aforesaid shall be made in respect of any such land vested in a, corporation without the consent of the corporation. And under section 2 of the Charitable Trusts Act, 18G0 (23 & 24 Vict. c. 13(1), similar vesting orders may be made by the Charity Commissioners. In Ex parte NicholU re The Hackney Charities, 34 L. J. Ch. 169, where land was given to trustees to permit the churchwardens of a parish to distribute the rents among the poor of the parish generally as directed by two or more of the inhabitants of the parish, Sir John EtOMILLY, M.R., held that the land was vested in the churchwardens and overseers as a corporation under 59 Geo. 3, c. 12, s. 17 (above mentioned), and that the commissioners had no jurisdiction to make an order resting the Legal estate in the official trustee without the consent, of the churchwardens and overseers. This decision (although the order of Sir JOHN Romilly in that case was reversed by the Lords Justices upon other grounds) has not since been questioned, but the effect of the provision in the text is to overrule it. Sub-sect. (5). (5.) All enactments in any Act, whether general or local and personal, relating to any powers, duties, or liabilities transferred by this Act to a parish council or parish meeting from justices or the vestry or overseers Adoptive Acts. 219 or churchwardens and overseers shall, subject to the Sect. 52. provisions of this Act and so far as circumstances admit, be construed as if any reference therein to justices or to the vestry, or to the overseers, or to the church- wardens and overseers, referred to the parish council or parish meeting as the case requires, and the said enact- ments shall be construed with such modifications as may be necessary for carrying this Act into effect. < ''INSTRUCTION OF ACTS RELATING- TO POWERS, ETC., TRANS- ri'.URED by this Act. — As to the powers, &c, of the vestry and of the overseers and churchwardens and overseers transferred by this Act to the parish council or meeting, see sections (5 and 19 and notes, ante. The appointment of the overseers is transferred from the justices by Bection 5, sub-section (1), and in small parishes by section 11), sub- ion (5). 53. (1-) Where on the appointed day any of the Sect. 53. adoptive Acts is in force in a part only of a rural parish, Supplemental the existing authority under the Act, or the parish provisions as ! i noting for that part, may transfer the powers, duties, Acts. and liabilities of the authority to the parish council, subject to any conditions with respect to the execution thereof by means of a committee as to the authority or parish meeting may seem fit, and any such conditions may be altered by any such parish meeting. Adoptive Acts: Permissive Tbansfeb of Powers of authority under act adopted for part 0] pabish.— this ion is supplemental to Bection 7. anti . the notes to w bich should be referred to. Where no such transfer is here permitted to take place, the existing authority under the adoptive Act will continue to exist. See note, milr, p. II'. 'I be transfer may lie made either by the existing authority or by the parish meeting for thai pari of the parish in which the adoptive Ad is in force. Apparently, either of these bodies may make the transfer without obtaining the consent of the other. It is doubtfnl whether the parish council i- or i- ao1 bound t" consent to the transfer being made, or t - » it- being made upon the conditions imposed bj Hie transferors, [f, however, the transfer has been made and the parish council baa become the authority be the execution "i the adoptive Act in thai part of the parish, it will always be possible for the parish meeting he'd for thai part \>, alter the original i litioi of the council's powers by a committee. Such a committee maj consist partly The Local Government Act, 1894. Su \\ 53. "'' members of the parish council and partly of representatives of the pari of the parish Cor which the Art has been apopted. Sec section 56, sub-section (2). The powers of the transferors to impose conditions would, it is suggested, extend to a condition securing a majority upon the committee of representatives of the pari of the parish. \\ here an adoptive Aet i> adopted for part of a parish after the appointed day. the executive authority is to be the parish council (section 7, sub-section (7)), bu1 in this case also the provisions of sec- tion 56, sub-section (2), will apply. For the effect of a transfer of powers and duties under this Act on property, debts, and liabilities, sec section 67, post, and sub-section (3) of this >ection. Sub-si t. (2). (2.) If the area on the appointed day under any authority under any of the adoptive Acts will not after that day be comprised within one rural parish, the powers and duties of the authority shall be transferred to the parish councils of the rural parishes wholly or partly comprised in that area, or, if the area is partly com- prised in an urban district, to those parish councils and the district council of the urban district, and shall, until other provision is made in pursuance of this Act, bo exercised by a joint committee appointed by those councils. Where any such rural parish has not a pari si i council the parish meeting shall, for the purposes of this provision, be substituted for the parish council. Area under adoptive Act situate m Different Parish es. — The difference in the language of this and the preceding sub-section is noticeable. Under sub-section (1) the executive authority or parish meeting " may transfer the powers, duties, and liabilities of the authority:" under this sub-section "the powers and duties of the authority shall be transferred." The transfer under the present enact- ment is compulsory, not permissive. See sub-section (3), infra, and section 67, post, as to the effect of this transfer. It must be remembered that upon the appointed day the boundaries of many rural parishes will have been altered by means of orders under Part III. of this Act (see ante, section 36 and notes, pp. 158 — 173), and that many rural parishes will have been divided by virtue of section I. sub-section (3), ante, p. 1. It is probable, therefore, that there will bo many cases in which the area under an adoptive Aet will not be wholly comprised in one rural parish. To such cases the provisions of this sub-section will apply, and the powers and duties of the commis- !n i- or other authority under the adoptive Act are to pass upon the appointed day to the governing bodies of the areas which are wholly or partly comprised in the area under the adoptive Act. These governing bodies are. in the case of a rural parish wholly or partly Adoptive Acts. 221 comprised in the area under the adoptive Act, the parish council, Sect. 53. where it exists, and where it does not exist, the parish meeting ; in the — — of an urban district comprising part of the area under the ° e ' adoptive Act, the urban district council. The I whom these powers and duties are jointly transferred are required to appoint a joint committee to act in the exercise and performance of them. It seems that the provision of section 57, post. as to the powers which may be exercised by joint committees, will not apply to a joint committee appointed to exercise the definite powers which are entrusted to them by this sub-section : such a committee will have all the power- of the authority under the adoptive Act. The present provision is not intended to be permanent : it is to hold ] ••until other provision is made in pursuance of this Act." The reference seems to be to the power given by sub-section (4), post, to a, county council to alter the boundaries of an area under the adoptive Act : but where on the appointed day such an area extends into era! rural parishes or urban districts, it will probably lie found a matter o difficulty to bring it within the area of one governing body, and the execution of adoptive Acts by means of a joint committee will probably prove a more permanent arrangement than seems to have d contemplated by the framers of the Act. (•'].) The property, debts, and liabilities of any autbo- Sub-sect. (3). rity under any of the adoptive Acts whose powers are transferred in pursuance of this Act shall continue to be the property, debts, and liabilities of the area of that ttority, and the proceeds of the property shall be dited, and the debts and liabilities and the expenses incurred in respect of the said powers, duties, and liabili- , shall '"■ charged to the account of the rates or con- tributions Levied in that area, and where that area is situate in more than one parish the sums credited to and shall be appoi in such manner o this enactment. Peopebty, Debtb,and Liabilities op Stjpebseded Autho- rity ' M'l.i: adoptive Aots. Thi- obscurely-worded clause musl !,■ interpreted in the lighl of section 67, post. The meaning seem- to be tbat when a parish council (under Bub-section (1) ) or the gov bodies mentioned in on (2) beo • invested with the powers and d it tie- of :. previously existing authority under an adoptive Act. the iid the burden of the property, debts, and liabilities of the snper- ■ d authority an- to remain the benefit and burden of tin- area of thai authority. Where thai area is a pan oi a rural parish and a transfer has Hon ( l i. tin- parish council will be the authority Let, but the expenses of the execution will be paid 222 The Local Government Act, 1894. Not Sect. 53. 01,t "' ,m ' ni1 '' levied under the adoptive Act upon the part of the parish which lias adopted it, and no1 oni of a rate levied upon the whole parish, < >n the other hand, the income (if any) arising out of the execution of the adoptive Act. will go in reduction of the rate under the adoptive Act, and not in augmentation of the general revenues of the parish. Where the area under the adoptive Act is made up of parts of different parishes (whether rural or not}, the executive authority will be the bodies mentioned in sub-section (i!), acting by their joint committee. The rate will be levied as before the transfer upon the area which has adopted the Act, each part of a parish contributing its apportioned part and having credited to it its apportioned share of the revenue arising under the Act. No provision is made by this Act as to how the appor- tionment is to be made in these cases, but it may be presumed that it may be made by the authority for tho execution of the adoptive Act upon the basis of rateable value. It may be mentioned here that by the Local Government Act, 1888, B. 100 (which is incorporated with this Act by section 7.">, post), the expression " liabilities" includes 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 that Act be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any obligation to cany or apply any money to any sinking fund or to any particular purpose. Agreements may be made under section 68, post, as to the adjustment of property and liabilities between the authorities interested, and ques- tions as to the transfer of powers, duties, and liabilities may be determined summarily by the High Court under section 70. Sub-sect. (1). (4.) The county council on the application of a parish 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. Power op County Council to Alter Area under adoptive Act. — It is to be noticed that the powers of a county council under this sub-section can only be exercised upon the application of a parish council. No power to apply is given to a parish meeting in parishes in which a council does not exist. It is conceived that it would be very difficult for a county council to alter the area under an adoptive Act without undue alteration of the incidence of liability to rates, and of the right to property belonging to the area. It can hardly be intended to give power to a county council to add to the area any place which has Creation of New Urban District. 223 a . not adopted the Act, or to take from that area any place which has SECT. 53. joined in it> adoption; and unless one of these things is done, it i-^ difficult to see how any alteration of the area can be effected. Before making such an order a< is here referred to, it would seem that a county council may hold a local inquiry, although no provision for holding it is made by the sub-section. 54. (1.) Where a new borough is created, or any other Sect. oi. new urban district is constituted, or the area of an urban EffectTon district is extended, then — parish (a.) As respects any rural parish or part of a rural ^^tntion parish which will be comprised in the borough of urban or urban district, provision shall be made, either ulstnct - 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, and (b.) 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 annexation of the parish or part to some other parish or parishes, or otherwise for the govern- ment of the parish or part, and (c.j Provision shall also where necessary be made for the adjustment of any property, debts, and liabilities affected by the said creation, constitution, or extension. Creation of New JJorough or Urban District. — A new borough is created by charter of the Queen in Council under Pari XI. of the Municipal Corporations Act, L882. A new urban districl other than a borough is created by order oi the county council confirmed by the Local Government Board under section 57 of the Local Govern- ment Act, 1888. I nder the same section and in the same manner the rban district other than a borough maj be extended. The boundaries ol ;i ' Ktended under 91 cl on :,i oi the same • by provisional order of the Local Government Board confirmed by At of Parliami nt 'I hi itendingan urban district (iiiih— the newly included part is already part ol an urban district) is to take in all, or put oi on< or more rnial parishes. Such parts are by the order to i" ma n are to in- annexed to pari/ 224 Tin- Local Government Act, L894. , i- 54 already withia the borough or district, and provision is to be made for — the appointment of overseers as stated in the text. Similar provision N is to be made for the remainder of h rural parish, of which pari has been taken into the borough or district. And where necessary there is to be an adjustment of property, debts, and liabilities. Sub-sect. (2). (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 J 5 5 V 6ViCt " Municipal Corporations Act, 1882; (b.) Where any other new urban district is constituted by an order of the county council under sect inn :,i & 52 Vict. fifty-seven of the Local Government Act, 1888 ; c. 41. J (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. Scheme under the Municipal Corporations Act.— Under section 213 of that Act, 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 borough, either with or without any adjoining or other place, and also of any officer of that authority. The scheme so made is to provide for the matters mentioned in the preceding sub-section. Orders of County Council.— Section :>1 of the Local Govern- ment Act, 1888. has been already set out in the notes to section lit',. ante, p. 158. Section .",1 of the same Act is the section which enables the Local Government Board by provisional order to alter the boundaries of counties or boroughs. When an order is made under either section it may make provision for many matters which are specified in section 59 of that Act. In the cases to which this section applies, it is now to make provision for the matters specified in sub-section (1), supra. Subject m. (3-) Where the area of an urban district is diminished this section shall apply with the necessary modifications. ABEA of Urban District diminished.— This will generally happen when a borough is extended so as to include part of another urban district. It is unlikely that any part, of an urban district will be made rural. When the sub-section applies the order or scheme must makea provision corresponding to those d in sub-section (1), w ;, v ; > make that sub-section applicable to an urban parish. Ni i ni ing of Areas. 2 25 55. (!•) Where a parish is divided or united or grouped Sect. 55. with another parish by an order in pursuance of this Act p owe 7"t^ each new parish or group so formed shall hear such name change name ,i j j. of district or as the order directs. paridi Names of Parishes and Districts. — As to the division or union of parif any order altering any local area or name most U sent to the Local Government Board and to the Hoard of Agriculture (sec- tion 71. post). (2.) Where a parish is divided by this Act, each parish SuD " s ect. (2). so formed shall bear such name as the county council direct. As to the division of a parish into two or more separate parishes by the Act itself (as distinguished from an order made in pursuance of the Act :ion 1. sub-section (3), ante, pp. 1. •">. It will he the duty of the county council, a- soon a- possible after the passing of the Act, to assign name- to these divided parishes. There is no provision in this or the previous sub-section for consulting the wishes of the parish similar to that which occurs in reference to tin' naming of ;i parish council where a doubt exists as to the uame of the parish (see section :>. sub-secti ante, p. 19). I.) Any district council may, with the sanction of the Sub-sect. (3). county council, change their name and the name of their district. In the case ol a dist incil, that council itself is the body t<> rhether the name shall be changed or nut; but the consent of the county council i- accessary to give effect to the wishes of the inferior authority. il.) I ■■• made in pursuance of this Sub-sect. (4). i shall be published in Buch manner as the autho- rity authorising the chai may direct, and shall be i to the Local i iment Board. The aut .liiy will, it geems, be in all cases the county colli: • i Any Buch change of name shall not affect any Sub-s& rig] »f any parish, district, council, Shot. 55. Sect. 56. ( lommittees of parish or district councils. The Local ( hvernment Act, L89 1. authority, Or person, or render defective any legal pro- oeedings, and anj Legal proceedings maj be oontinued or oommenoed as if there were no change of name. 56. (!•) A paiish 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. Committees of Parish or District Councils.— This provision applies to all parish councils and to rural district councils, and to the councils of urban districts other than boroughs (sub-section (4)). So far as it relates to district councils, it is in substitution for sections 200 and 201 of the Public Health Act, 1S75. which are repealed by this Act (see Schedule I [.); the latter section entirely, the former except so far as it applies to boroughs. These two sections are set out below for the purpose of comparison with the provision in the text. They are as follows : — Public Health Act, 1875, s. 200 : — " Every urban authority may from time to time appoint out of their own number so many persons as they may think fit, for any purpose of this Act which in the opinion of such authority would be better regulated and managed by means of a com- mittee : Provided that a committee so appointed shall in no case be authorised to borrow any money to make any rate, or to enter into any contract, and shall be subject to any regulations and restrictions which may be imposed by the authority that formed it." "Section 201 : — A rural authority may, at any meeting specially convened for the purpose, delegate for the current year of their office all their powers to a committee consisting wholly of their own member- ; provided that one-third at least of such committee shall consist of e.r officio guardians, but in case an adequate number of such ex officii' guardians docs not exist, then the number deficient shall be made up of elected guardians ; and any such committee shall have the Committees of Councils. 227 Note. powers by this Act vested in the rural authority by which it was SECT. 56 formed, and shall be deemed to be during such year of office as afore- said the rural authority of the district." Under the new provision the constitution of these committees of district councils is altered ; they need no longer consist exclusively of members of the council, and, of course, there is no reference to ex >f a joint committee under this lection Sub-sect. (4), !l be di frayed bj the councils bj whom it is appointed in such propoi ' ee upon, or as ■ I Local Government Act, l Shot. *>7. marj be determined in case of difference by the county council. Sab-sect. (5). (5) Where a parish council can under this Act be required to appoint a committee consisting partly of 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. The reference is bo section 56, sub-section (2), ante, p. 227. Wnere a parisb council is about to join in appointing a joint com- mittee with power to perform duties in relation to a part of the parish having a defined boundary and separate interests, the council will be bound, upon the request of a parish meeting held for the part, to appoint a representative or representatives of that part to sit upon the joint committee. Sect. 58. Audit of accounts of district and parish councils and inspection. 58. (1-) 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, shall be made up yearly to the thirty-first day of March, or in the case of accounts which are re- quired 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. .Making up Accounts. — The accounts in a borough are audited halt' yearly under the Municipal Corporations Act, 1882, s. 26, and this applies to the accounts of the corporation as urban sanitary authority. See the Public Health Act, 1875, s. 246. The accounts of an turban authority other than the council of a borough are yearly audited under the Public Health Act, 1875) s. 246. The accounts of a board of guardians are audited half yearly (General ( Irder for Accounts, 14th January, 1867), ami this is applied to the guar- dian> in their capacity as rural sanitary authority (Public Health Act, 1*75, s. 248). No alteration is made by this Ad in this respect. See the next snb-section. Sub-sect. (2). (2.) The said accounts shall, except in the case of accounts audited by the auditors of a borough (but inclu- sive of the accounts of a joint committee appointed by a . 1 udit of Accounts, 231 borough council with another council not being a borough Sect. 58. council), be audited by a district auditor, and the enact- ments 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. District ArniTORS. — The principal enactments here incorporated are those contained in the Public Health Act. 1875, SS. 247 and 250, as amended by the District Auditors Act. 1879, section •"> of which provides that the Local Government Board may make the necessarj regulations a- to the audit of accounts. The sections of the Act of 1875 thus incor- porated are as follows : — "247. Where an urban authority are not the council of a borough, the following regulations with respect to audit shall be observed; (namely.) "(1.) The accounts of the receipts and expenditure under this Act of such authority shall be audited and examined once in every year, as bood as can be after the twenty-fifth day of March, by the auditor of accounts relating to the relief of the poor for the union i Before cadi audit such authority shall, alter receiviug from the iditor the requisite appointment, give ai least fourteen days' notice of the ti and place at which the same will be made, and of the deposit of ac ints required by this section, by advertisement in some one or more of the local newspapers circulating in the district : and the production of the news- ich notice -hall be deemed to be sufficient proof of such notice on any proceeding whatsoever. •■( l.) A copy "i ile- accounts duly made up ami balanced, together with all rate I :oun( books, deeds, < tracts, accounts. med or referred to in Buch in the oir, li authority, and be open, daring office hours thereat, t" the inspection of all persons interested i clear days before the audit, and all such persons shall I"- ai liberty t" take copies of or extracts boul tec or reward ; and any officer of such authority dnh appointed in that behalf neglecting to make up i h ac nt- and I ks or altering Bucb accounts and boi i Inn i to be altered when »o made up, or refusing to allow inspection then-., t. dial] be liable to a penaltj no< exeeed- pounds. 77/r Local Government Act, L894. o eg ■•(.">) For the purpose of any audit under this Act, every auditor may, l>y 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 aecessarj , and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, receipts, 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 correctness of the same: and ii' any such person neglects or refuses so to do, or to produce any such hooks, deeds, contracts, accounts, vouchers, receipts, documents, or papers, or to make or sign such declaration, he shall incur for every 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. ••(ii.) 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 Bhall have the same right of appeal against allowances by an auditor as they have by 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 hut is not brought into account by that person, and shall in everj such case certify the amount due from such person, and on application by any party aggrieved shall state in writing the reasons lor his decision in respect of such disallow- ance or surcharge, and also of any allowance which he may have made. .) Any person aggrieved by disallowance made may apply to the ( ourt of Queen's Bench for a writ of certiorari to remove the disallowance into the -aid court, in the same manner and subject to the same eonditions as are provided in the case of disallowances bj auditors under the laws for the time being in force with regard to the relief of the poor; and the said court ial] have the simi: powers with resped to allowances, dis- allowance-, and surcharges under this Act as it lias with respect to disallowances or allowances by the said auditors; or in lieu of Buch application any person so aggrieved may appeal to the Local Government Board, which board shall have the Bame powers in the ease of the appeal as it] es in the case of appeals against allowances, disallowances, and surcharges by the suid poor law auditors. Audit of Accounts. 233 Note. ••(9.) Every sum certified to be due from any person by an auditor Sect. 58. under this Act shall be paid by snch person to the treasurer of such authority within fourteen 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 ha- been certified to be due by the like process and with the like power- as in tin- 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 - of time incurred by him in such proceedings, a- are not recovered by him from -mli person. '•(10.) Within fourteen day- after the completion of the audit. auditor shall report on the accounts audited and examined, and shall deliver such report to the clerk of such authority, who 1 cause the same tola- deposited in their office, and shall publish an al - i such accounts in some one or more of the local uewspapers circulated in the district. "Where the provisions a- to audit of any local Act constituting a board of improvement commissioners arc repugnant to or inconsistent with those of this Act. the audit "i the accounts of such improvement commissioners shall be conducted in all respects in accordance with the • ion- of this Act." "250. The accounts under this Act of officers or assistants of anj local authority who are required to receive moneys or goods on behalf of such authority -hall be audited l.\ the auditor- or auditor of the accounts of -itch authority, with the same powers, incidents, and consequences as in tb. such last-mentioned account-."" Tie- Act- relating to district auditors are 7 & 8 \" i-t. c. L01,ss. 32 36 ; 11 a. 12 Vict. c. 91, ss. I -9; 12 & L3 Vict. c. 103, ss. 9, 11; 2'.' & 30 Vict. c. 1 13, ss. 5—7 : 12 Vict. c. 6. These Acts are set out in full in tie- Appendix to •• Lumley's Public Health." The joint committees referred to in the text are those which may be appointed under -. CtiOD 57, ante, p. 228. The aCCOUntS of such a joint committee will be audited by the district auditor-, even when one of the Councils i- that of a borough. I The Local Government Board may, with respect Bub-sect t'> any audil t" which t] "ction applie . make rules modifying the as to publication of notice of audit ami oi the abstract of accounts and the report of I .11 will enable the Lo I I lit lioard to In the i in the Public Health Act, 1875, 8. 247, sub- ■ (3), (4), and ( I lections, supra, Thi I nmeni Act, 189-1. Sab-sect (4). r 58, i l.i Every parochial elector of a rural parish may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, account,, and documents belonging to or under the control of the parish council of the parish or parish meeting. Sub-sect. (5). (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. [nspection of Books and Accounts.— These sub-sections apply to the books, &c, of a rural parish under control of the parish council or meeting, and of a parish in a rural district under the control of the rural district council. It will be observed that no penalty is imposed for refusal to permit or bindSring inspection. As to the books, &c, which will be under the control of a parish council or meeting, see section 17, sub-section (8), and notes, ante, pp. 111,112. Sect. 59. 59. (1-) Section one hundred and ninety-nine and Su . iemental Schedule I. of the Public Health Act, 1875, so far as provisions as that schedule is unrepealed (which relate to the meetings ruimeil'' 1 of url)an authorities, and to the meetings and pro- 38 & 39 Vict, ceedings of local boards), shall apply in the case of every c " 55, urban district council other than a borough council and of every rural district council and board of guardians, as if such district council or board were a local board, except that the chairman of the council or board may be elected from outside the councillors or guardians. Pboceedinos of District Councils.— Section L99 of the Public Health Act, 1875, provides that " every urban authority (not being the of a borough) shall hold an annual meeting and other meetings 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 -hall be held and the proceedings thereat shall be conducted in accordance with the rules as to meetings and proceedings contained in bedule I. to this Aci ; and any improvement commissioners may, if they think fit. adopt all or any of such rules." Part (1) of the First Schedule to that Act contains the rules applic- Proceedings of District Councils. 235 able to the proceedings of local board-;. See " Lumley's Public Health," Sect. 59. '" In:>> - A~, The provision in the text applies those rule- and also the enactment contained in section 199 a- to the meetings of urban authorities to all district councils, urban and rural (except the council of a borough), and to boards of guardians. This provision will, apparently, supersede the part- of the General Consolidated Order relating to meetings of guardian- and the transaction of biisinc-s thereat. But see sub-sec- tion (4). infra. Chairman of District Council and of Board of Guar- dians. — A variation is made to rule 3 of Part (1) of the Firsi Schedule above mentioned ; under that rule a local board i- to appoint at their annual meeting one of their number to lie chairman for one year at all meetings at which he is present. The chairman of a district council or hoard of guardians may be elected from outside the coun- cillors or guardians. This has already been enacted as regards hoards of guardian- and rural district councils (ante, Bection 20, sub-sec- tion (7) ; section 24, sub-section ( 1). pp. 125 and 131), but the provision in the text extend- to the chairmen of urban district councils (other than councils of boroughs). (2.) Any urban district council other than a borough Sub-sect (2). council, and any rural district council and board of guardians may, if they think fit, appoint a vice-chairman 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 chain n Vice-Chaieman. — Under section 20, Bub-section (7). power has already been given to j board of guardians to elect a. vice-chairman from outside their own body. Ii i- not clear thai this power has been extended to rural councils >n 24, sub-section (4), and no lar provision is made by section 23, which deals with the con- ition of urban d ouncils. Under the present clause, how- ever, ii is clearly competent for any of these bodies to appoint a \ chairman, but \\ hel h pt in the < guardians | he maj appointed from outside is doubtful. A rice-chairman bo appoint will retire at the expiration of the chairman's year of ol (.'}.) Ai ' district council ahall •< bled to use Sub-sect. (3). of their meei bhe >m and offices of any board of guardians for the union comprising their distrid nt nil reasonable hi.. • ion arises as to whal bours are The Local Government Act, 189-!. inable u maybe determined by the Local Govern- ment Board. l SB or BoABD ROOMS.— The objeel of this provision is bo enable the rural district council to meet ai the board mom of the guardians in the same manner as the rural sanitary authority of the union have hitherto done. Sub-sect (4) ( t) Nothing in this section shall affect any powers of the Local Government Board with respect to the pro- ceedings of guardians. Saving of Powers of Local Government Board.— The powersof the Local Government Board depend upon 4 & 5 Will. 4. <■. 76, S. 1~>. It is difficult to reconcile this sub-section with sub-section (1), which applies to the proceedings of guardians the provisions of Schedule I. of the Public Health Act, 1875. Sub-sect. (5). (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. Powers of county Council where District Council UNABLE TO Act. — It does not appear that the power of the county council under this clause can be exercised by a joint committee of county councils where the district is situate in more than one county, a- may in exceptional circumstances be the case (section 36, sub- section (1)). Sub-s.ct. (6). (6.) Nothing in this Act shall affect any powers of the Secretary of State under the Public Health Sup- 20&21 Vict, plemental Act for Aldershot, 1857, or the position of ' L '-' persons nominated under those powers. Aldershot Board of Health.— Under the Public Health Sup- plemental Aet for Aldershot, L857, the Secretary of State for War has power to nominate from time to time three members of the local board of health in addition to the elected members of that body. This power i- retained. Number of Guardians. 237 Miscellaneous. ' Sect^O. - 60. (1.) The council of each county may, from time to pr^siOT^as time, by order, fix or alter the number of guardians or to guardians, 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. Xr.MBER OF GUARDIAXS AXD RURAL DISTRICT COUNCILLORS. — The power to fix and alter the number of guardians has hitherto exclusively belonged to the Local Government Hoard under 1 & 5 Will. 4, c. 76, S. 38, and 7 & 8 Vict. e. 101, s. is. The same body derived their power of adding parishes to each other from 31 & :V2 Vict. c. 122,8. 6. That section provides that the Local Government Board may by order add any parish in a union, the population of which, according to the last census, does not exceed 300,andthe annual rateable value of which does not exceed the average rateable value of the parishes in the same anion, according to the valuation lists in force for the time being, to some adjoining parish in the same union for the purpose of the election of guardians. By 39 & 10 Vict. c. 61, s. L2, the Local (iovernment Board may by their order divide any parish into wards for the election of guardians, and determine the number of guardians to be elected lor every such ward, having due regard to the value of the rateable property therein ; and each such ward is. for the purposes of such election, to be deemed a separate parish except so far as the Board may otherwise order. These powers are by the text conferred on the county council or on the joint committee in th<' cases n I in sub-section (3). (2.) The council of each county may for the purpose of Sub-sect. (2). filiating the retirement of guardians or rural district councillors, in cases where they retire by thirds, and in order that as nearlj as may I)'' one third of the persons elected as guardians Eor the union, and one third of the person ted as rural ct councillors Eor the district, shall retire in each year, direct in which year or years of each triennial period the guardians or district councillors Eor each parish, ward, or othei in the Union or rural district shall retire. l.'i.i ii:i:\ii-.\ i 01 GUABDIi D RUBAL DlSTBICT COUN- ' ruardlans and rural district councillor- will retire by the ' Government Act, L894. P ,',(1 unless an order is made for their simultaneous retirement under sec- tion 20, sub-section (6), ante, p. 124. As each parish, ward, or group ' united parishes will not nave three guardians or i noillors, but Borne 1 1 1 : i \ have more and others less than thai uumber, ii will be neces- sn\ to provide for the year- in which the guardians or councillors of each parish will retire. Thus, in a parish having only one guardian, the election of a guardian can take place only once in throe years, though in a parish with three there may be one retirement every year. As to the order in which the guardians and rural district councillors tir>r elected arc to retire, see section 79, post Sub-sect. (3). (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 coun- cillors, and of regulating the retirement of guardians and of district councillors, shall be exercised by a joint com- mittee 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 •pointed 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 com- mittee of any of those councils authorised in that behalf, it shall be of no effect until confirmed by the Local Government Board. Joint Committee.— Although the area of a poor law union may be altered under section 36, sub-section (6), ante, p. 169, the general scheme of the Act is to leave the area of the union untouched even when it extends into two counties. Bat, in that case, it, is necessary that the powers of fixing and altering the number of guardians and rural district councillors and uniting parishes and dividing parishes, into wards should be exercised by the county councils of both counties into which the union extends ; hence the necessity of a joint committee to act for the entire union. It. will still be n . lor the county council of each county to fix the number of parish councillors in each parish in their own county, bu1 the joint conimitt.ee will provide for the simultaneous retirement of guardians under section 20, . sub- tion (6), (iiitr. p. 121. and for the retirement of guardians first elected under section 79, post. See Bection 24, Bub-section (4), ante, p. 131. The number of members appoint! d by each county council to serve on the joint committei will apparently be fixed by agreement. Meetings in Licensed Premises. 239 Thcpro • ect an appeal to the Local Government Board. Sect. 60. ar the instance of any county council concerned, or any committee — — specially authorised by them, to consider the orders made by the joint • ' '• committer and to appeal therefrom it accessary. (4.) Where under any local and personal Act guardians Sub-sect. (4). 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. Elections fob Districts. — In a few unions and parishes guardians oraa tlu-y arc sometimes ''ailed governors of the poor are elected under local act-. Where the areas for which separate guardians are elected are not parishes, they are to be deemed parishes so that the county council will have the same powers for the purposes of the election of guardians for such areas as if they were parish (5.) The board of guardians of a union elected in pur- Sub-sect. (5). suance 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 personal Act as the exist- ing board of guardian Local Acts.— This provision preserves the provisions of the local Acts, excepl the qualification and mode of election, and the ! of the county council by virtue of the preceding sub- on. (6.) Nothing in this Act shall alter the constitution of Sub-sect. (6). ation 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 parishes. Oxfob ardians of the poor of the city ol Oxford are elected under a local Act. 61. • ■ li meeting or meeting of a parish council, Sect. 61. rid < Qcil, or of a bos I shall ,,, — 7 ° e oi meet- be held in premises licensed for the sale of intoxicating ing of pai liquor, except in case to other suitable room is'"' 1 '' The Lot eminent .lei. ls<)l. - ct.62. Permissive transfer to urban districl council of powers of other autho- Sb< r. 61. available for such meeting either free of charge or at a ; ]iit . reasonable cost. A.a to the use of schoolrooms and rooms maintained out of a local guardians. . . . . raic for li ildmg parish meetings, and meetings 01 parish councils, i section I. and note, antt . p. 1 8. 62. (1.) Whore there is in any urban district, or part of an urban district, any authority constituted under anj 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 same shall be transferred accordingly, and the authority shall cease to exist, and the council shall be the successors of that authority. Adoptive Act Area in Urban District: Powers of Dis- trict Council.— The transfer of the powers, &c, of existing autho- rities under any of the adoptive Acts in rural parishes is dealt with in sections 7. sub-section (5), and 53, ante, pp. I" and 219. The present provision refers only to such a transfer in a case where one of those Acts has been adopted in an urban district or part of an urban district before the appointed day. The transfer is to be effected by the passing of a resolution by the urban district council. It is sub- mitted that upon such a transfer being effected the burden of the expenses incurred in the execution of the adoptive Act, and the benefit of the property and incomes applicable to or arising out of its execu- tion will remain the burden and the benefit of the area under the adoptive Act, and will not be thrown upon or enjoyed by the parts of the urban district- which have not adopted the Act. See note to sec- tion 53, sub-section (3), ante, p. 221, and section 67, post. Sub-sect. (2). (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. Provisions as to county ncil acqni powei district council. 63. (1.) 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 ; Default of District Council. 241 (b.) The expenses incurred by the county council shall Sect. 63. 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 Health Acts, and the district council shall have the like power of raising the money as for the defraying of those expenses : (c.) 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 in- terest 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 expenditure in respect of the said powers : ( /'.) The county council may by order vest in the dis- trict council all or any of the powers, duties, property, debts, and liabilities of the county council 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. Proceedings oh Tbanspeb of Powers of District Council County Council. — Thi- sab-section will apply where a county council has resolved upon the complaint of a pa il of the de- fault of a «li-ti-i*t council that the dnties and powers of the district council for the purpose if the matter compls oed oi shall be transferred in- roiintv council (section 16, and section 26, sub-section ( I > ). A- to the manner in which the expenses of a rural dis- trict council are to be defrayed, see section 29, and notes, antt . p. I 16. It vi in that the provisions to that section will apply to the B 242 The Local Government Act, 1894. Sub-sect. (2). Sect. 63. expenses to which the present sub-section relates. It will be remem- bered thai b complaint of a parish council may relate to a default of a district council in the exercise of their powers as highway authority. BORROWING Powers. — As to the borrowing powers of a rural dis- trict council, see notes to section 29, ante, p. 1 16. Ki:-\ i.stim} op Powers in District Council.— Enables the county council to hand over any property acquired for the purposes of the exercise of the powers of the district council by the county council, and to put the district council in the same position as regards powers, duties, debts, and liabilities relating to the subject matter of the com- plaint, as if the powers of the district council had been exercised by th.it council in the first instance, and no complaint had been made. (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 Government Board, and if any members of the joint committee are not appointed the members who actually appointed shall act as a joint committee. Proceedings on Complaints where Rural Districts situate in Two or more Counties. — Where a complaint is referred to a joint committee of county councils under this sub-section, it appears that that joint committee will have power to determine whether or not any action is to be taken in the matter of the com- plaint, and whether if action is to be taken it is to be taken by the method of taking over the powers of the defaulting district council, or by the method of compelling that council to perforin the duty in respect of which the complaint is made, see note to section 16, ante, p. 105. The body to take action in either of these ways will be, it is submitted, the joint committee of the county councils, and not the county council to whom the complaint was originally made. Sect. 64. 64. A county council may employ a district council as Powerto act their agents in the transaction of any administrative busi- ness on matters arising in, or affecting the interests of, its own district. This section may relate to most of the administrative business referred to by that description. See section 3 of the Local Government Act, 1888. through dis- trict council. Savings. 243 65. Where any improvement commission affected by Sect. 65. this Act have any powers, duties, property, debts, or e • ~^7 . liabilities in respect of any harbour, the improvement harbour commission shall continue to exist and be elected for the P owers - 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 between the district council for the district and the commission so continuing and the adjustment arising out of the apportionment shall be determined in manner provided by this Act. This section will apply where the commissioners under an improve- ment Act have powers, &c, in respect of a harbour. The commissioners will be elected as heretofore, and will continue to have the same powers as to the harbour. The property, debts, ami liabilities of the improve- ment commissioners will be apportioned between the district council and the commissioners for harbour purposes, or an adjustment will be made according to section 68, post. 66. Nothing in this Act shall affect the trusteeship, Sect. 66. management, or control of any elementary school. o • ~~7 " Elementary school " is defined by section 75, sub-section (2), post. e V*^? r ^ Section 4, ante, provides that any suitable room in a public elemen- tary school may, under certain circumstances, be used for the meetings of different bodies and persons. A certain control over the use of such rooms is thus given to the bodies and persons named, but the general control over the school is not affected, and it does not appear that section 4 and the present section are inconsistent with each other. 67. Where any powers and duties are transferred by Sect. 67. this Act from one authority to another authority — Transfer of property ami (1.) All property held by the first authority for the debts and purpose or by virtue of such powers and duties liablllties - II 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 Sub-sect. (2). estate, interest, and purposes, and subject to tin ,t.nts, conditions, and restrii for and subject t" which the property would have been held if this Act had not passed, so far as r 2 '244 The Local Government Act, 1894. Sect. 67. tj ie same are not modified by or in pursuance of this Act ; and Sub-sect, (3). (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 pro- perty and funds out of which they would have been defrayed if this Act had not passed. -This pro- TllANSl'F.i: OF I'lJOPERTY, DEBTS. AM) LIABILITIES.- vision will apply in the following cases : — (1.) Transfer of legal interest in all property vested in. overseers, or in churchwardens and overseers of a rural to parish council (section 5, sub-section (1), (/'.)). (2.) Transfer to parish council of rural parish of powers, duties, and liabilities of vestry and churchwardens (section (i, sub-section (1), (c?.). (';.)) ; overseers, overseers and churchwardens, as to matters specified in section 6, sub-section (1). (o.) ; and of allotment wardens (section ii, sub-section (4)). (3.) Transfer of powers, &c, of authority under the adoptive Acts to parish council (sections 7 and ">!!, sub-sections (1), (2)), or to urlian district council (section <>2). (4.) Transfer to rural district council of powers, &c, of rural sani- tary authority and highway authority (section 25). (5.) Transfer to district councils of powers of justices out of sessions and iif quarter sessions (sections 27 and :?2). The definition of " liabilities " in section 100 of the Local Govern- ment Act, lsss, which is incorporated with this Act by section 75, post, should be referred to. it has already been set out, ante, p. 222. An exception to the application of this section will arise where powers and duties are transferred under section lit. sub-sections (4) and (5), in a parish which has no parish council. In such a case the powers and duties are transferred to the parish meeting, but the property is vested in the corporate body of the chairman and overseers (sub-sections (6) and (7)). Sect. 68. 68. (1-) 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 other- wise made, the authorities interested may make agree- ments for the purpose, and may thereby adjust any property, income, debts, liabilities, and expenses, so far Adjustment of property and liabilil Adjustment. 245 as affected by this Act, or such scheme, order, or thing, Sect. 68. of- the parties to the agreement. Adjustment. — In some cases an adjustment under this Acl is - dally provided for. See, for example, section 54, sub-section (1 ) (/■). When there is no such special provision, an adjustment may be necessary under this section. It is impossible to exhausl the cases in which such adjustment will be required, bu1 it may be stated generally that when a parish haying property or debts is divided, the property and debts must be apportioned hetween the two new parishes. So if one parish is added to another, an arrangement must be made so that one does nol receive an undue advantage or disadvantage, by reason of the property and debts becoming common to the united parish. Tims, if one had property and the other had nunc it would be Eair for the latter to make. Mime equivalent contributions to the common stock. The same principles will apply equally if the ana of a distri t is changed. And there will generally be some adjustment in respect of compensation to existing officers. (2.) The agreement may provide for the transfer or Sub-sect. (2). 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 agree- ment 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, cept in the case of a salary or remuneration, by way of a capital sum, or of a terminable annuity for a period not ding that allowed by the Local Government Board: Provided bhat where anj of the authorities interested is a board of guardians, anj such agreement, Ear .i- ii relates to the joinl use of anj property, shall be sub < the approval of the Local Government Pbovisionh to be maim, on Adjustment. — Property belonging to the undivi retained bj or transferred to one of the divisions, Tin- other must make some return, as bj taking the Hole or greater burden of some liability, or the payment of some capital or annual Bum. 1 >(>, s. 2. No consent will be required for the loan, but the period of repayment will be fixed by the Local Government Board. Orders for Altering Areas. 247 (5.) Any capital sum paid to any authority for the Sect. 68. 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. Application of Capital Sums. — The effect of this provision is to. prevent the application of the sums in question in aid of current rates. Such sums may be applied in repayment of debt or for any other purpose for which money might be borrowed. 69. Where an alteration of any area is made by this Sect. 69. Act, an order for any of the matters mentioned in section p ower ~to deal fifty-nine of the Local Government Act, 1888, may, if it with matters appears to the county council desirable, be made by the a i tera fi on f county council, or, in the case of an area situate in more boundaries, than one county, by a joint committee of county councils, but nothing in this section shall empower a county council or joint committee to alter the boundaries of a county. Section 59 of the Local Government Act, 1888, provides as follows : — " (1.) A scheme or order under this Act may make such admin- istrative and judicial arrangements incidental to or consequential on any alteration of boundaries, authorities, or other matters made by the scheme or order a- may seem expedient. "(2.) A place which is pari of an administrative county for the purposes ai this Act shall, subject as in this Act menti 1. form part of that county for all purposes, whether sheriff, lieutenant, custoa rotulorum, justices, militia, coroner, or other ; Provided that — («.) Notwithstanding this enactment, each of the entire counties of York. Lincoln, Sussex, Suffolk, Northampton, and < Jambrid ,11 continue to be one county for the said purposes bo Ear as ii is one county at the passing of this Act ; and (A.) This enactment Bhall not affect the existing powers or privili of any city or borough as i the sheriff, lieutenant, militia, justices, or coroner ; but if anj county borough is, at the passing of this Act. a part ofanycountj for any of the above purposes, nothing in this Act Bhall prevenl the same ,,i continuing to be part of that county forthat purpose; and (o.) This enactment shall not affect parliai ections i right to vote at the election of a member to serve in Parlia- ment, nor land tax, tithes, or tithe rentcharge, nor the area 248 The Local Government Act, 1894. SECT 60 within which any bishop, parson, or other ecclesiastical person has any cure of souls or jurisdiction. Note, •• (4.) Any scheme or order made in pursuance of this Act may, so Ear 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, — (/(.) May provide for the abolition, restriction, or establishment, or extension, of the jurisdiction of any local authority in or over any part of the ana affected by the scheme or order, and for the adjustment or alteration of the boundaries of such area, and Eor 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 rotulorom, clerk of the peace, and other officer therein, and with the costs of any such authorities, sessions, persons, or officers as aforesaid, ami 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 various authorities affected by the scheme or order, for the management of their property, and for regulating the duties, position, and remuneration of officers affected by the scheme or order, and applying to them the provisions of this Act as to existing officers ; and (V.) May provide for the transfer of any writs, process, records, and documents, relating to or to be executed in any part of the area affected by the scheme or order, and for determining questions arising from such transfer ; and (//.) May provide for all matters which appear necessary or proper for bringing into operation and giving full effect to the scheme or order ; and (/'.) May adjust any property, debts, and liabilities affected by the scheme or order. •• (.">.) Where an alteration of boundaries of a county is made by this Art an order for any of the above-mentioned matters may, if it appears to the Local Government Hoard desirable, lie made, by that Board, but such order, if petitioned against by any council, sessions, or local authority affected thereby, within three months after notice of such order is given in accordance with this Act, shall be provisional only, unless the petition is withdrawn or the order is confirmed by Parliament. •• (6.) A scheme or order may be made for amending any scheme or order previously made in pursuance of this Act, and may be made by the -ame authority and after the same procedure as the original scheme Summary Proceedings. 249 or order. Where a provision of this Act respecting a scheme or order SECT. 69. requires the scheme or order to be laid before Parliament, or to be con- — — . , . .. .. . i ... , • i A/ote. firmed by Parliament, either in every case or it it is petitioned against, snch scheme or order may amend any local and personal Act." The whole of the section has been set out above, but the important part of it is. no doubt, sub-section (4). The alteration of the boundaries of a county can be effected only by means of a provisional order of the Local Government Board, under section 54 oi the Local Government Act, 1888. A county council may apply to the Hoard for such an order (section 36, sub-section (.">), ante, p. 169). 70. (1.) If any question arises, or is about to arise, as Sect. 70. to whether am power, duty, or liability is or is not Summary pro- transferred by or under this Act to any parish council, ceeding for . .. . determination parish meeting, or district council, or any property is or f questions as is not vested in the parish council, or in the chairman to transfer of 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. M'MMAUY DETERMINATION OF QUESTIONS. — This provision mblee thai in Bection 29 of the Local Governmenl Act, L888, under which many questions have been decided. Rules of couri have been made under thai section. Sec the annual practice, 1893-4, vol. Li., p. 369. Until similar rules have been made, il will be accessary to follow the procedure at firsl adopted under the Act of 1888. When questions of fact did no! arise a case was stated by consent of partii and application was made to the Bigh Court for leave to sel down the case for argument in the Crown Paper. II the facts were disputed, a ml application had to be made to the ( lourl tor directions. Under the corresponding section of the Act of 1888 it was held thai i he Court would not answer abstract questions on the construction of the Act. See Ex parte Cardigan C.C., U .1.1'. 792. (2.) II anj question arises or is about to arise under Sub ect(2), this Act as t" the appointment of the trusters or benefit oi an) charity, or as to the persons in whom the property oi rit) is vested, such quesi ion 250 The Local Government Act, 1894. Sect. 70. 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 Commissioners under the Charitable Trusts Acts, 1853 to 1891. The questions which are above referred to are those which may arise under sections 5, sub-section (2) (c), 6, sub-section (1), (a.), (<\), 14, 19, sub-section (7), and 33. Under the Charitable Trusts Acts, 1860, s. 8, and 18G9, ss. 10, 11, the Attorney General or any person authorized by him or by the Commissioners may present a petition to the Chancery Division of the High Court in a summary way appealing from certain orders of the Commissioners. The conditions of appeal which are there prescribed, and which will apply to appeals under this section, are the following :— (1) The petition must be presented within three months after the definitive publication of the order ; and " definitive publication " has been held to mean " the final publication when the time expired for the receipt of suggestions and objections " (re Hackney Charities, 12 W. R. 1131). (2) Twenty-one days' written notice of the intention to appeal must be given to the Charity Commissioners and to the Attorney General. (3) The court may deal with the costs, and may require security for costs to be given by an appellant other than the Attorney General. The persons who may appeal, and the orders with respect to which an appeal will lie under this section, are clearly pointed out in the text. Sub-sect. (3). (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. Appeal.— Under the corresponding provision in section 29 of the Loral Government Act, 1888, there is no appeal to the Court of Appeal. See .Ex parte Kent County Council, L. 11. (1891) 1 Q. B. 72:.. The text gives such an appeal, but only with the leave either of the High ( '"urt or of the Court of Appeal. Sect. 71. 71. A copy of every order made by a county council or — ' ioint "committee in pursuance of this Act shall be sent to Supplemental J Local Inquiries. 251 the Local Government Board, and, if it alters any local Sect. 71. area or name, also to the Board of Agriculture. provisions as -, ^ a i to county Orders of Couxty Council or Joint Committee.— As to council J rc i ei . s# orders by a joint committee of county councils, see section 36, sub- section (1), note, p. 1G3, ante, and sub-section (11). As to orders altering local names, see section ")."». ante, p. 225. 72. (1.) The expenses incurred by the Local Govern- Sect. 72. ment Board in respect of inquiries or other proceedings provi^., under this Act shall be paid by such authorities and as to local in- persons and out of such funds and rates as the Board 1 um • 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. Expenses of Local Government Board.— Compare the pro- visions of section 294 of the Public Health Act, 1875. The provision as to the costs being a debt due to the Crown is new. (2.) Such expenses may include the salary of any Sub-sect. (2). 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 Sub-sect. (3). shall have for the purposes 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. I'owebs of [NBPBCTOES.— The Public Health Act, 1875, b. 296, provides thai inspectors of the Local Government Board shall, for the purpose of any inquiry by the Board, have in relation to witnesses and their examination, the production of papers and documents, and the inspection of places and matters requin d to be inspected, similar powers tn those which poor law inspectors have under the Acts relating to the relief oi the poor for the purposes of those Acts. The I &6 Will. I. c. 7C, b. 12. and 10 & 11 Vict. c. 109, ss. 20, 21, provide for the powers of poor law inspectors. Under th< o inspector may summon any person t'l be examined before him, or to produce or verify on oath any books, contra eements, a unts, or copies of the Bame and not relating to or involving any title to lands (except the property <>f the local authority) Bi may examine witi n oath or require the v examined to make and subscribe a declaration of the truth of lii.« n 252 Government Act, 1894. g E0 . wo , \ idence. 1 disobedience to any summons, refusing to produce, alterin — or concealing any books, &c, is a misdemeanour, and evidence falsely Vote. given before an inspector is perjury. Snl -se :t. i n. (I.) 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 ease 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. Expenses of County Council Enquiries. — Sub-section ( I ) applies to all enquiries by the Local Government Board under this /Vet. This sub-section applies only to local enquiries held by a county council cm the application of a parish or district council or inhabitants. As to the method of obtaining payment of the expenses of a parish council and meeting, see section 11, sub-section (4), and notes, ante, p. 85. The expenses of all enquiries by county councils under this Act other than those mentioned in this section will fall on the county fund. See also as to the costs of enquiries by a county council with reference to the compulsory acquisition of land, section 9, sub- section (12), and notes, ante, p. 66. i i . 73, 73. When the day on which any thing is required by rr~ or in pursuance of this Act to be done is Sunday, Pro\ ision as L . .. 3 . to Sundays Christmas Day, or Good Friday, or a bank holiday, that thing shall be done on the next following day, not being Holidays. ° , one of the days above mentioned. It will be noticed that this provision is not permissive merely. Sect. 74. 74. This Act shall be deemed to be an Act touching ~~ local government within the meaning of section forty-nine provisions &s to Scilly of the Local Government Act, 1888, and a provisional Islands. order for the Scilly Islands may, on the application of the c. H. ' council of the Isles of Scilly, and after such public notice as appears to the Local Government Board sufficient Interpretation. 253 for giving information to all persons interested, be made Sect. 74. accordingly. Scilly Islands. — Section lit. sub-section (1), of the Act of 188S. provides as follows : — •• It shall be lawful for the Local Government Board to make a Provisional Order for regulating the application of this Act to the Scilly Islands, and for providing for the exercise and performance in those islands of the powers and duties both of county councils, and also of authorities under the Arts relating to highwaysand the Public Health Act, 1875, and the Acts amending the sane, and for the application to the islands of any provisions of any Act touching local government ami any such Order may provide for the establishment of council-, and other local authorities separate from those in the county of Cornwall, and for the contribution by the Scilly Islands to the county council of ( lornwall, in respect of costs incurred by the county council for matters specified in the said Order as benefiting the Scilly Islands, and such Order may also provide for all matters which appear to the Local Government Hoard oecessary or proper for carrying the order into full effect. 75. (1.) The definition of "parish" in section one Sect. 75. hundred of the Local Government Act, 1888, shall not ~ ' — .. ( onstruction apply to this Act, but, save as aforesaid, expressions of Act. used in this Act shall, unless the context otherwise ol £ '" ^ ict# c. 41. requires, have the same meaning as in the said Act. Pabish. — In the section referred to, it is enacted that in that Act : parish" "means a place for which a separate overseer is or can be appointed, and where part of a parish is Bituate within and pan of it without any county, borough, urban Banitary district, or other area mean- each Buch part." The application of this definition being expressly excluded, the definition of " parish " in the Interpretation Act, 1889 (52 & 53 Vict. c. 63), applies, whereby (section .">) "parish" is defined to mean, "as respects fin-land and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer i- or can be appointed." The pari of the definition in the Acl of 18 which relates to parts of parishes would obviously be inapplicable to the present Act, having regard to it- provisions as to parishes situate partly within and partly witl t a larger area j Bee sections I and 36, and notl Definitions in Local Government Act, i -•• i ir expression? which are denned by the Act oi 1888, and will have the same meanii when used in this Act, see theActoi 100. Such expressions will bear the meaning given to them by the earlier Act only, "unless itherwise required." It maj be mentioned thai the definition county " in the Act oi i - tried (infra, suh 254 The Local Government Act, 1894. Sect. 75. M '" include a " county borough," and that the definition of '' district — council," and " county district " in the Act of 1888, definitions which «*»< ii ;l V f reference to Euture legislation, which mighl establish district councils, must now be read as referring to the district councils, which are established by this Act, and l" the districts of such councils; see section 21, initi , p. 126. Sub-sect. (2). (2.) In this Act, unless the context otherwise requires — Any reference to population means the population according to the census of one thousand eight hun- dred 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. As to " parochial electors " see section 44. sub-section (1), and notes, ante, p. 179. As to parochial electors in urban districts, the county of London and county boroughs, see sections 23, 30, and 31, ante, pp. 123, 130. The expression " election" includes both the nomination and the poll. It follows from this definition that the rules as to elections which are to be framed by the Local Government Board under section 3, sub- section (6), section 20, sub-section (5), and section 3, sub-section (5), may regulate the proceedings preliminary to the actual poll, com- mencing with the nomination ; the definition is not intended to be exhaustive, the word "includes" and not "means" being used. Reg. V. Kershaw, 6 E. & B. 1007 ; 26 L. J. M. C. 23 ; 20 J. P. 741. The expression "trustees" includes persons adminis- tering or managing any charity or recreation ground, or other property or thing in relation to which the word is used. This definition has especial reference to section 14, ante, p. 90. Persons acting as trustees, although not trustees in the strict legal sense, are to be included in the term. 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 Interpretation. 255 (b.) For the benefit of any spiritual person or Sect. 75. ecclesiastical officer as such : or (c.) For use, if a building, as a church, chapel, mission room, or Sunday school, or other- wise by any particular church or denomina- tion ; or (d.) For the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of Divine service therein ; or (e.) 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 con- cerned, shall be an ecclesiastical charity within the meaning of this Act ; and the Charity Commissioners shall, on application by any person interested, make such provision 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 . AFFAIRS OF THE ChUBCH. — II would, of ■ rsc, be impossible to define exhaustively this expression. Difficulties as to what, it, includes besides the matto rs specified in the texl may arise under sections 5 and 6, a- to the transfer to the pari b council, of property vested in the church- war' I' ii- and overseers, and of the powers, duties, and Liabilities of those officers, and of the vestry, and under section 17 as to the custody of parish books and documents. Tb<- i spn ion "parochial charity" means a charity bhe In Befits <>\ which are or the separate distribution of the benefits of which is confined to inhabitants of 256 The Local Government Act, 1894. Sect. 75. a Bingle parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes. Parochial Cb \imty.— The provisions of the Act upon which this definition has the mosl important bearing are section 14, sub-sections (2) (8) and (6). See notes to thai section. Where the benefits of the charity or their separate distribution extend to more than one parish, it. would seem thai the powers of a parish council under section 14, sub- sections (2) and (3), will be exercisable by each of the parish councils concerned, and that the accounts required by sub-section (<>) of the same section musl be laid before the parish meeting of each such parish. The expression " vestry " in relation to a parish means the inhabitants of the parish whether in vest n assembled or not, and includes any select vestry either by statute or at common law. This expression will include meetings of the inhabitants in the nature nl vestry meetings in places where there is properly no vestry, as. for example, parts of parishes which separately maintain their own high- ways. See ■"' & <> Will. 1. c. 50. ss. o ami (i. It will also include meetings of inhabitants of part of a, parish where any of the adoptive Acts have been adopted lor such part. A "selecl vestry" may he established under 1 & i' Will. -1. c. tin. or under Local Arts. There are also select vestries in certain parishes appointed under local usages, and not under any Act, 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 ele- mentary school within the meaning of the Elemen- 33 & 34 Viet. tary Education Act, 1870. c 75. The chief provisions of the Act which relate to elementary schools are sections I ami tit;. The Elementary Education Act, 1870, defines " elementary school " to mean "a school or department of a school at which elementary education i- the principal part of the education there given, and does not include any school or department of a school at which the ordinary payments in respect of the instruction from each scholar exceed ninepence a week." First Elections. 257 The expression "local and personal Act " includes a Sect. 75. Provisional Order confirmed by an Act and the Act confirming the < i Reference may be made to Reg. v. London County Council, L. 1!. (1893), 2 Q. B. I-M ; 63 I.. J. Q. B. 1 ; 69 L. T. (N.S.) 140, 580 ; 42 W. 1!. 1 ; 58 J. P. 21 ; '.i T. L. R. 601, as to what is a local and per- sonal Act. The expression "prescribed" means prescribed by order of the Local Government Board. Sect. 76. 76. This Act shall not extend to Scotland or Ireland. — Extent of Act. 77. This Act may be cited as the Local Government ' Act, 1894. bEC-^77. Short title. TART V. Transitory Provisions. 78. (L) The overseers of each rural parish shall con- Sect. 78. the first parish meeting of the parish at the time First elec- fixed by or under this Act for the first election of parish tions , " parish councillors, whether there is or is not a parish council for the parish, and for this purpose the overseers of a parish -lull he deemed to be the overseers of every part of the parish. OVBBSEEES TO CONVENE FlBST PABISH MEETING.- The time for the first elections is to be the 8th of November, 1894, or such later date or dates in that year as the Local Government Board may fix (section M,po8t~). The Bill dow before Parliament for the acceleration of the registration of parochial electors fixes the 22nd of November as the date when thi tors are to come into force; the date of the first meetings will, if that provision of the Bill becomes law, be -■mi- date in the y-.iv 1894, subsequent to the 22nd of November. There will hereafter be separate overseers for parts of a parish Au by this Act, but for the purposes of conveuing the isb i ti or meetings, the overseers of the cxisti h are to be deemed to be the overseers of evcrj part. Where a parish has been divided into wards for the election of parish councillors, a parish m ach ward must be convened. See sections 18 and 19. (2.) The chairman of the parish meeting al which the Sub-sect. (2 ■ parish councillors are Dominated, or in his default The Local Government Act, L894. ;s. the olerk of the guardians, shall convene the first meeting of the parish council. Convening First Meeting of Pabish Council.— The chair- man of the firsl parish meeting who will be elected at that meeting is to convene the firsl meeting of the council, and in bis defaull the clerk of the guardians. It does nol appear when the chairman of the lirst meeting is to be deemed to be in default in this respect, as no time is specified for the convening of the firsl meeting of the council. It is Rueeested thai the firsl meeting of the council should be convened Eor a DO day not later than seven days alter the council comes into office, on the analogy of the time Eor holding the ordinary annual meeting of a parish council, which is to be held "on or within" seven days after the ordi- nary day of coming into office of councillors. Section 3, sub-section (7). ante, p. 15. Sub-sect (3). (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 coun- cillors which happens after their election. Retirement of first Parish Councillors. — The day referred to i- the L5th of April, 1896. The chairman of a parish meeting referred to, must be the chairman in a parish which has no parish council who will (except on the first occasion) be elected for a year. See sections 2, sub-section (I). and 19, sub-section (1), ante, pp. 7 and 1 1">. 79. (1.) The existing hoards of guardians and urban and rural sanitary authorities shall take the necessary measures for the conduct of the first elections of guardians and districts councillors respectively under this Act, including any appointment of returning officers required by rules under this Act. The duties of existing hoards of guardians and sanitary authorities under this sub-section will, it is presumed, appear in the rules for elections to be framed by the Local Government Board. See sections 20, Bub-section (•".), 23, sub-section (•">), and 24,'sub-section (4), ante, p. 131, A- to the date of the first election-, see section 84, post. Sub-sect. (2). (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. Representation of New Parishes created by this Act. — A parish may be divided into two or more new parishes by this Art Sect. 79. First elec- tions of guardians and district councils. First Elections. 259 Note. when it is partly within, and partly without a rural sanitary district, SECT. 79. (section 1. sub-section f.">) ). or where it is in more than one urban district (section 36, sub-section (2) ). A new parish so formed will have only one guardian, and, if it lie a rural parish, only one district councillor, who will, of course, he also, the guardian for the parish ; hut this provision is subject t<> any order which may he made by the county council assigning more than one guardian or district councillor to such a parish, or uniting a parish with another for the purposes, of the election of guardians, or rural district councillors, (section 60, ante, ]>. L':i7). A- to the power of the county council to fix and alter the number of guardians and rural district councillors, sec section 60, ante. p. 237. (3.) Of the guardians and urban and rural district Sub-sect. (3). 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, and 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 tp Sub-sect. (4). 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- en, shall be the guardians and rural district councillors lor such parishes, wanU, or other areas, us may he determined bj tin- count) ppunpij for the purpose of fcfce rotation. R] HBEMENT or Fiest GtTABDiANS. -It trill be noticed that this sub-section, unlike sub-section Cii. relates only to guardians and rural district councillors. Tb,e dates of the. retirement oi the first guardians ' and districi councillors (urban and rural), where these bodies retire by thirds will he the same for each bodj ; the question which individuals -luill retire in each year, will be determined by the county council in the case of guardians and rural district councillors (see section 60, Bub-section (2), an/,-. |,. l':;7 ). ami in thecaseoJ url listricl councillors in the manner provided by sub-section (6), intra. I Win,. dians or rural district councillors retire Sub-seel (."•). ether at the end of the triennial period, the guardians s 2 260 i Local Government Act, L894. Sect. 79. and district councillors first elected under this Act shall retire on the fifteenth day of April, one thousand eight hundred and ninety-eight. As to the simultaneous retirement of guardians, &c., see sections 20, sub-section (6), and l'I, sub-section (I), ante, pp. 124-125 and L31. Sub-sect, (6). (6.) Of the first urban district councillors elected under tins Act, the third who are respectively to retire on the the fifteenth day of April, one thousand eight hundred and ninety-six, and one thousand eight hundred and ninety-seven, shall he 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 question arises in consequence of an equality of votes between two or more councillors, the matter shall be determined by ballot conducted under the direction of the council. ■se -r. (7) (7.) i n the case of an urban district divided into wards, the foregoing provisions with respect to retirement shall apply separately to each ward. Sab-sect (8). (8.) Upon the day on which the first guardians and urban or rural district councillors elected under this Act come into office, the persons who are then members of boards of guardians, and urban and rural sanitary authorities, shall cease to hold office, but until that day the persons who are at the passing of this Act guardians and members of urban sanitary authorities (for urban districts not being boroughs) and of highway hoards shall continue in office notwithstanding any want of qualifica- tion, 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 be held. Office of Existing Gtiabdians and Members of Sanitaby Authorities. — In reference to this sub-section, the following circular dated tin- 3rd of April, 1894, has been issued to boards of guardians l>y the Local Government Board : — ■■ I am directed by the Local < rovernment Board to state that inquiries have been addressed to them as to the effect of the Local Government Existing Guardians. 261 Kote, Act, 1 894, as regards the term of office of thepresent chairmen and vice- SkcT. 79. 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 7!> (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 sanitary authorities at the date of the passing of the Act, does nut refer to the chairmen or vice-chairmen or members of committees, •h. •• 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 asual time this year. •■ As regards an assessment committee appointed under the Union Assessment Committee Acts, it appears to the Hoard that the com- mittee must lie regarded as having been appointed for one year only, and consequently that they must be re-appointed in the present year at the u-ual time. ••In the ca f a school attendance committee, section 7 of the Elementary Education Act, 1876, expressly provide- thai the appoint- ment of the committee shall ; annually, and the Board consider that this committee should be appointed by the guardians at their first meeting after the date on which the election of guardians would have tak. if an election had been held this year at the usual time (see Rule 6 of the Second Schedule to the Acl of 1876). "The visting committee, however, will, in the opinion of the Hoard, continue in office until after the election of the new hoard of guardian- in November next, unless the Committee were definitely appointed for a limited period only. ■■ A relief committee will, subject to the term- of the Order authorising the appointment of the committee, continue in office until November next without re-appointment, unless the committee were appointed for a limited time. •■ A committee appointed to consider and report on anj special subject will continue in office after the dat< « hicta the guardians would hut for the Local Government Act, 1894, ha oul of office, if the liii-ine-- for which the committee were appointed is nol completed hy that date. •• A -unitary committee appointed under section 201 of the Public Health Act m only continue until the end of the ordinary year of office ot the guardians, and the committee musl accordingly be appointed after that time in the present year, if it is desired thai they should still exist." The l.<>c (10.) The foregoing provisions shall apply to the exist- ing members and first 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 maimer 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. 6ub-sect. (11). (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 over- seers of each part of the said parish, which by reason of such division becomes a separate parish. This refers to the persons who at tin- appointed daj are overseers of a parish divided by the Act. Such overseers are to be deemed overseers for each of the parts which thus becomes a separate parish until the time when separate overseers for such part- will he appointed. Sect. 80. 80. (1-) If any difficulty arises with respect to the Powerof holding of the first parish meeting of a rural parish, or to county council the first election of parish or district councillors, or of dlfficuitiM 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 any thing which appears to them necessary or expedient lor the proper holding of any such Existing Officers. 26E first meeting or election and properly constituting the Sect. 80. 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 con- stitute 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. This sub-section appears to give unlimited powers to the county council. Attention should be directed to the concluding words, enabling the county councils to modify the provisions of this Act. the applied enactments, and the rule- framed under this Act. (2.) The Local Government Board shall make regula- Sub-sect. (2). tions for expediting and simplifying the procedure under tion fifty- seven of the Local Government Act, 1888, 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. jection 57 of the Art of L888 and the Order of the 22nd March, 1894, which are set oul ante, pp. 158 -163. 81. (1.) Wherethepovi d duties of an) authority Sect. 81. other than justic transferred by this Act to any Existing rish or district council, the officers of tl thai council, and for the pur- f this jection the bod) appointing a surveyor of big] 11 be deemed to be a highws md any paid sin . o I"- an offi( bal bod) . q Offic] \ •'''"" of iiii- -i' 1 the (( (V„-,. r . ,,i i ird« «iH become officers of the rural dUtrid council wheu the latfc ithorit) ui C .x Tlie I. Government Act, 1894. v S [ but, of course, their duties will be limited to those connected with the work of the council a • the highway authority. Similarly, the officers of an authority acting in the execution of the adoptive Acts will become the officers of the parish council in cases where thai body becomes the executive authority . In a highway parish the body appointing a surveyor are the inhabi- tants in \ estry, or meeting in the nature of a \ estry (5 & <'. Will. I.e. 5(1. ss. 6, l-i. Sub-sect. (2). <•-'.) Where there is in a rural parish an existing vestry 13 &14 Vict, clerk appointed under the Vestries Act, 1850, he shall become the clerk of the parish council, and if there is also arj assistant overseer in the parish, then, notwithstanding the foregoing provisions of this Act, that assistant over- seer shall not, while such vestry clerk holds office, be the clerk of the parish council. Vestry Clerk.— See the notes to section 17. ante, p. 108. Sub-sect. (3). (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. An assistant overseer is only appointed bya board of guardians under 7&8 Vict. c. 101, 8. 62. See the note to section 5, sub-section (1), ante, p. 26. Such appointments will no longer be made, having regard to section 6, infra. Sub-sect. (I). (4.) Every such officer, vesl ry clerk, and assistant over- seer, 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. Compare the corresponding provision in the Local Government Act, I.hsn. s. 120. set out in the note to sub-section (7). infra. Sub-sect. (5). (5.) Where a parish or rural sanitary district is divided by this Act, any officer for the parish or district so divided shall hold his office as such officer for each parish or district formed by the division, id his salary shall be borne by the respective parishes or districts in proportion to their rateable value at Compensation to Officers. the commencement of the local financial year next after Sect. 81. the passing of this Act. Thus an assistant overseer fur a divided parish will lie assistant over- for each new parish formed by the division, and his salary will be paid by the new parish in proportion to their rateable value. (6.) So much of any enactment as authorises the Sub-sect. (6). appointment of assistant overseers by a board of guardians shall be repealed as from the appointed day. This, in effect, repeals the provisions of 7 & 8 Vict. c. 101, s. 61, relating to the appointmenl oi assistant overseers by guardians. S the express repeal in Schedule II.. % (7.) Section one hundred and twenty of the Local Slll '- Wt - (")• Government Act, 1888, which relates to compensation to 51 * 52 Vlet - 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 autho- rity whose officer the person affected is when the claim for compensation arises as the case may require. Pro- vided 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 i -union 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 d. ■ Compensation ro existing Officers. — An officer means a person holding any place, situation, or emploj men! ; " existing " means ■in- :ii i In- appointed day. See Local < lovernment Act, 1888, s. 100, lion 75, sub-section ( 1). Section 120 of the Local < rovernment Act, 1888, which is here applied, jiru\ ides a- follow (1.) I. eclarcd by this Act to be entitled t" com- pensation anil ever) other existing officer whether before men- tioned in tin- Aet or not, who \<\ virtue of ilii- Act or any- thing done in pursuance of or in consequence of ilii- Act, Buffers any direct pecuniar} ibolition of office or b} diminution or 1 t fci alary, shall l>e entitled to have compensation paid to him for bucIi pecuniary l<»ss by the < nty 266 The Local Government Act, 1894. Sec! 1 . 81. cotuicil bo whom the powera of the authority whose officer he — was are transferred under this Act. regard being had t<> the ''• conditions on which his appointment was made, to the nature of his office or employment, to the duration of liis Bervice, to am addition emoluments which he acquires by virtue of this Act or of anything done in pursuance of or in consequence of this Act. ami to the emoluments u bich lie might have acquired it' he had not refused to accept anj office offered byanycotincil of ether body acting under this Act. and to all the other cir- cumstances of the case, and the Compensation shall UOl exceed the amount which, under the Acts and rules relating to Her Majesty's civil service, is paid t<> a person on abolition of office. (l'.) Every person who is entitled to compensation as above-mentioned shall deliver to the county council a claim under his hand setting forth the whole of the amount received and expended by him or his predecessors in office in every war during the period of five years next before the passing of this Act on account of the emoluments for which he claims compensation distinguishing the offices in respect of which the same have been received and accompanied by a statutory declaration under the Statutory Declaration Act. 1835, that the same is a true statement according to the best of his knowledge, infor- mation, and belief. (/>.) Such statement shall he submitted to the county council, who -hall forthwith take the same into consideration, and assess the ju-t amount of compensation (if any) and shall forthwith inform the claimant of their decision. (4.) If a claimant is aggrieved by the refusal of the county council to grant anj compensation or by the amount of compensation assessed or if not less than one-third of the members of such council subscribe a protest against the amount of the compensa- tion as being excessive the claimant or any subscriber to such protest (as the case may be) may within three months after the decision of the council appeal to the Treasury, who shall consider the ease and determine whether any compensation, and if so what amount ought to be granted to the claimant and such determination shall be final. (."..j Amy claimant under this section, if so required by any member of the county council, shall attend at a meeting of the council and answer upon oath which any justice present may administer all questions asked by any member of the council touching the matters set forth in hi- claim, and -hall further produce all hook-, paper-, and documents in hi- possession or under his control relating to such claim. (f5.) The Bum payable a- compensation to any person in pursuance of this section -hall i mence to he payable at the date fixed by the ipensation to Officers. 267 council on granting the compensation, or, in case of appeal, by Sect. 81, the Treasury, and Bhall be a specialty debt due to him from the — — county council and may beenforci ingly in like manner a- it tin' council had entered into a bond to pay the same. (7.) If a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council or by virtue of this Act or anything done in pursuance of or in consequence of this Act receives any increase of emolu- ment- of the office held hy him he -hall not while receiving the emolument- of that office receive any greater amount of his compensation, if any. than, with the emolument- of the -aid office, is equal to the emolument- for which compensation was granted to him and if the emolument- of the office he holds are equal to or greater than the emoluments for which com- pensation was granted hi- compensation shall be suspended while he holds such office. - .) All expenses incurred by a county council in pursuance of this section -hall lie paid out of the county fund a- a payment for general county purposes. It will be observed that, under the section above set out, in fixing the amount <>f compensation regard must be had to the following considerations : — 1. The direct pecuniary loss which the officer suffers. 2. The conditions of his appointment, c.ij.. whether it i- for life or for a fixed term, or at pleasure. .';. The nature of hi- office, i.e., whether it i< an important or subordinate e. 1. The duration of hi- sen Li .1. An_\ additional emoluments which he acquires under the Act •which alter- hi- position by the abolition of hi- office or diminution of hi- -alary. fi. Any emolnmenb> which he might have acquired if he had not refused to accept a uevt office. 7. All the other circumstances of the case. Civil Service scale i- regulated by the Superannuation Acts, 1869 (22 Vict, c 26) i l--l i 17 ,v is \'i,.,. ,-. ;,;,. xjj e compensation HOI to exceed tWO-thirdfi of the -alary and emolument- ol the office j subject to this ten-sixtieths of the salary and emoluments maj i»- allow,. i to a person who has served ten years or upward- and an addition oi one-sixtieth ma] be made for every year over ten up to forty years. It should be noticed also I laimant for compensation must deliver hi- claim to the particular bodj to whom the power- of the authority whose officer In- was are transferred, and hi- claim must -tad' the matters and be accompanied by \\u- statutory declaration mentioned in »n ' ) oi the section al out : be may be required to The Local Government Act, 1894. Not t Se< D. 81. attend before the body in question and be examined on oath as to his claim if a justice is present to administer an oath : if dissatisfied with the decision of that body, be may appeal to the Commissioners of the Treasury. The proviso to the sub-section in the text varies the provision above sel out of the Act of 1888 as to the fund out of which payment of com- pensation is to be made ; such payments arc to be paid in the case of district councils as general expenses (as to which see note to section 29, ante, p. 1 16), in the case of hoards of guardians out of their common fund, and in the case of any other authority "out <>l' the fund applicable to payment of the salary of the offices affected." The meaning of this last provision when applied to parish councils seems to be that when an officer has become the officer of a parish council under sub-section (1) of this section his compensation will, like his salary, be payable as expenses of the parish council. As to the payment of the expenses of a parish council, see section 11, sub-section (4). ante, p. < s ">. Sect. 82. 82. (1.) Where before the appointed day the highway r> .T~ expenses were charged on a particular parish or other highways. area and not on a district, the district council may determine that the highways in that parish or area shall be placed in proper repair before the expenses of re- pairing the same become a charge upon the district, and, tailing 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 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. I ; i . i • a 1 1 ; of Highways. — This provision enables a district council to require that the highways which before the appointed day. were repairable at the expense of a parish or other area, not co-extensive with the district, shall be placed in proper repair at the expense of such parish or area before being taken over by the district council as high- way authority, under section -'•. As to the meaning of the expression "appointed day "where the operation of section 25 a- to highways is postponed, sec the proviso to section 8 1. sub-section (4), post. Bub-sect. (2). (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 Appointed Day. 269 be deemed to be expenses of the parish council or of the Sect. 82. parish meeting within the meaning of this Act. So long as a highway parish remains such (by virtue of an order for rlie postponement of the operation of section 25) the highway rate will continue to be assessed and levied by the surveyor of highways as before the passing of this Act. 83. It shall be the duty of every county council to Sect. 83. exercise all such of their powers as may be requisite for yj utv ~ bringing this Act into full operation within their county county council as soon as may be after the passing thereof, and a county into operation, council may delegate their powers under this Act to a committee. See further a- to the duty of county councils to use their powers under this Ac1 with expedition, sections 36, sub-section (13) ; 80 and 84, sub-section (3). 84. (1.) The first elections under this Act shall be held Sect. 81. on the eighth day of November next after the passing of Appointed this Act, or such later date or dates in the year one day. thousand eight hundred and ninety-four as the Local Government Board may fix. Date of First Elections. — The Bill now berore i?arliamenl for the acceleration of the registration of parochial electors referred to ■r, p. lT'.i) pro\ Ldes thai the registers of those electors shall come into force on the 22nd of November, 1894. If this measure becomes law the holding of the firs! elections cannot he fixed for an earlier date than the 22nd of November, (2.) The persons elected shall come into office on the Sub-sect. (2). ■.ml Thursday n < • x t after their election, or such other (hi v not more thi earlier or Later as maj he ,1 h\ or in pursuance of the rules made under this Act in relation tut heir elect ion. 'I iiih- referred to are those to be framed by the Local Govern- ment Board, under sections 3, sub 6); 20, sub-section (») ; anil 23, rab-ncction ('<>. (3.) Every division into wards or alteration of the Sub-scct.(3) boundaries of any p. nidi or union or district which is to affect the first election shall, if it affects the parishes or rts for which the registers oJ parochial electors will he made, be made io fai a practicable before the first day 270 The Local Government Act, L894. Sbot,84, oi Jul] nexi after the passing of i his Act, and any such division or alteration which alter the appointed day may be made on application by the parish council or an\ paroofrial electors pi anj 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 consideration so direct, 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; and (h.) 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 hundred and ninety-four, so direct, the clerk of the county council shall make such adjustment of the registers of parochial electors as the division or alteration may render neces- sary 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. Aukasaxd Boundaries. — The object of this clause is to facilitate the preparation oi the lists of parochial electors for each parish or other area. The divisions and alterations of areas are to be made as far as practicable before the 1st of July, L 894, where a division or alteration is under consideration, but is not completed before the lists of voters are made out, the comity council may direct that those lists shall be framed so that there shall be separate lists for each proposed new area, which will be available iii case the proposed division or alteration is carried out. This provision will not be pf much service unless the nature of the divisi< : alteration has been finally decided upon, although no1 carried into effed by an order. Proviso (&.) will apply where the division or alteration has been carried into effect by the end qf August ; the clerk pf a county council may. upon the direction of the council, re-arrange the lists which will then have been made out so as t" provide separate lists for each new area, A- to a division into wards for the election of parish councillors „l„ (|l the application of the parish council or one-tenth of the parochial Appointed Day. 271 elector-. - during the interval before i he appointed d The effeel of the proviso to the above sub-section i- to postpone the :■ I >l >• >i ii r < • I daj :• Is highway powers where those powers are temporarily withheld from a district council by an order for p.i-t- pone in. under section 25 : such an order will nol affeel the transfer of powers other than highway powers, and at to all Buch other trans* ed powers the appointed day will be the day when the firs! district icil oomes into offi The Local Government Act, L894. Sect. 85, 85. (1.) Every rate and precepl for contributions made Current - before the appointed da\ maj be assessed, levied, and s, &c. collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if this Act had not passed. Sub-sect, (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 he 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. Sub-sect. (3). (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. Sub-sect. (4). (I.i Ever} valuation list made for a parish divided by this Act shall continue in force until a new valuation list is made. Sub-sect. 1 5 1. (5.) The change of name of an urban sanitary authority shall not affect 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. CT. 86. 86. (1.) Nothing in this Act shall prejudicially affect . — : any securities granted before the passing of this Act on existing the credit of any rate or property transferred to a councu Saving Clauses. 273 or parish meeting by this Act ; and all such securities, Sect. 86. as well as all unsecured debts, liabilities, and obligations rr - ' ° securities and incurred by any authority in the exercise of any powers discharge of or in relation to any property transferred from them to a debts ' 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 Sub-sect. (2). 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. 87. All such bye-laws, orders, and regulations of any Sect. 87. authority, whose powers and duties are transferred by g av i n "r7 or this Act to any council, as are in force at the time of the existing transfer, shall, so far as they relate to or arc in pursuance )ye " awS- of the powers and duties transferred, continue in force as if made by that council, and may be revoked or altered accordingly. 88. (1.) If at the time when any powers, duties, Sect. 88. liabilities, debts, or property are by this Act transferred Savingfor to a council or parish meeting, any action or proceeding, pending or any cause of action or proceeding is pending or existing ' on ' c " by or against any authority in relation thereto the san shall not be in anywi judicially b I by the pass- ing of this Act, but may be continued, prosecuted, and enforced by oi ist the council or parish meeting eucc of the 3aid authority in like manner as if this Act had not been p EL£ ed. (2.) All contract Is, bond . reements, and other Sub-sect. (2). rumenl c in this section mentioned, and affecting anj ol luofa po duties, liabilities, debts, oi property, shall be of as full •i -7! The Local Government Act, 1894. Sect. 88. 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. 89. The Acts specified in the Second Schedule to this |v T~ Art are hereby 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 personal 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 under this or any other Act. liiUAx Districts: Wards and Number of Councillors.— This Act does no1 give power to a county council to create wards or fix the aumber of councillors in an urban district, but the meaning of the proviso in the text seems to be that where these matters arc provided for by or in pursuance oi a local and personal Act the county council shall have the same power of altering them from time to time as that body has in the case of rural districts. See section 60, sub-section (1). ante, p. 237. Parish Meetings. 275 SCHEDULES. FIEST SCHEDULE. Sched. 1. Rules as to Parish Meetings, Parish Councils, and Committees. Part One. Bides applicable to Parish Meetings. These rules are made applicable to parish meetings by section 2, sub- section (7). ante. p. 11. (1.) The annual assembly of the parish meeting shall be held Rule (1). on the twenty-fifth day of March in each year, or within seven days before or after that day. At this meeting the parish councillors for the year will be elected lote to section 2, sub-section (3), ante, pp. 7, 8). and in parishes i where there is no parish council, the chairman of the parish meeting ' for the year. (2.) Not less than seven clear days before any parish meeting, Rule (2). public notice thereof shall be given specifying the time and place of the intended meeting and the business to be transacted at the m , and signed by the chairman of the parish council or other conveners of the meetiu A- to ill' method of giving public notice of parish meetings, see Bection ">1 ami note-, ante, p. 213. A- i" tin- time and place for holding a parish meeting, see, ante, .,,, 2, sub-section fj$), pp. 7. 8 in r>. sub-section (1). p. 191 ; and section 61, p. 239, and not As to the use of schoolrooms and other rooms Eor this purpose, see .ii I. and notes, ante, pp. 20 — 29. A- to who may convene a parish mi e section 15, sub-sec- don (3), ante, p. L92. (:>,.) [fthe the e t ablish menl or dissolution Rule (3). ,,j a pan I, council, or the grouping of a parish, or the adoption of any of the adoptive Act , nol Le than f ourtee n daj notice i • ii. o applications by and consents "i a parish meeting with re-pert to the establishment or dissolution of a parish council or the grouping ,,i ii parish, Bee sections I. 19, and m The procedure as to the adoption of any of the "adoptive Acts" is noticed nnder section 7. ante, pp. 17, et T 2 276 The Local Government Act, 1894. Sched. 1. (■!•) A parish meeting may discuss parish affairs and pass _ , — — resolutions thereon. Rale (i). Rule (6). (5.) Every question 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 i decision as to the result, and that decisi* in shall be final, unless a poll is demanded. The voting at a parish meeting will be by show of hands. Sec rule (8). infra, as to the casting vote of the chairman. The question of polls is dealt with in rules (f>) and (7). Rule (0). (6.) A poll may be demanded at any time before the conclusion of a parish meeting. Demanded, that is, by parochial electors or, in certain cases, by a parochial elector present at the meeting. Sec next rule. Rule (7). (7.) A poll may be demanded by any one parochial elector in the case of a resolution respecting any of the following matters, namely : — («.) Any application, representation, or complaint to a county council or district council ; (l>.) 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 ; (r.) 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 ; (/.) 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 ; (i.) 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 by paro- Poll at Parish Meetings. ** ^ hial electors present at the meeting, not being less than five in DCHED. 1. number or one third of those present, whichever number is least. The matters in respect of which any one parochial elector may, before the conclusion of a meeting, demand a poll, should be carefully noticed : they are numerous, ami in some instances appear to be >»me- what trivial, and they may be added to indefinitely by the Local Govern- ment Board under clause (/.') of this rule. The chief sections of the Act which relate to the matters enumerated in this rule are specified below ; the letters refer to the lettered para- graphs of the rule. (a.) Applications. &c, to county council, as to establishing and dissolving parish councils, sections 1, 38 sub-section (4). 39; as to grouping parishes, sections 1. 38 snb-section (4) ; (in small parishes) as to allotments, section 6, sub-section (3) ; as to default of district council, section lit. sub-section (8). Application to district council (in small parishes) to obtain consent to stopping of highway, &c, section 19, sub-section (8). It may be noticed that a petition by a parish meeting to the Local Government Board as to an alteration of boundaries or the division of a parish under section 36, -ub-section (7), is not included in the matters here enumerated. (7a) Appointment of chairman (in small parishes), section 11). Bub- - Hon (1). and section 2. snb-section (4). note ; committees, section 19, sub-section (3). (c.) Appointment, &c, of overseers and parish officers, section 19, sub-section (5). ('/.) Appointment of trustees and beneficiaries of charity, section 14, sub-section (3). section 19, Bub-sections (4). (5). (r.) Adoption ot adoptive Act-, -ection 7. (/.) Formation or dissolution of school board, -ection 52, sub-sec- tion (2). (-/.) Consent or refusal to acta tor which consent of parish meeting necessary: establishment of council in -mall parishes, section 1, sub- section (l). -ection 39, sub-section (1); grouping order, -ection l. sub- section (l). -cctio,, 38, sub-section (4) ; dissolution of parish council, I ab-section (2) ; under adoptive Act-, section 7. sub-section (3) ; gaieot i i -I parish lands, section ection (2); stop- ping, &c., oi ly, section L3, sub-section (1); opposition or sup- port of charity schemes, section 14, sub-section (.'0; under poor relief and other Acts, section 52, rab-section (1); a- to doing of Acts relating t- pari only of parish, section :'•: ; see also under (/')• (/>.) [nenrring expense or liability : loan-. -ection 11, Bub-section (1) ; rati og threepence, section LI, snb-section (1); supporting or opposing charity Bchemes, section H. sub-section O) i spending moi or raising rate under certain Act-, section ■'>-'. Bub-section (l). l 27S The Local Government Act, 1894. ScHED, 1. 00 Place and time of assembly, section to, sub-section (1). C.'~ (J;.) •■ Prescribed," viz.. by the Local Governmeni Board. Sit sec- tion 7">. The election of parish councillors is nut our of the matters enumerated above; as to this Bee notes to sections 2, sub-section (5), ami .'!. suli- section (6), ante, pp. L0 ami Hi. This may. perhaps, In- provided Eor under clause (/.') of this rule, or by the election rules to be framed l>y the Local Governmenl Board under section :;. sub-section ((>). Rule (8). (8.) In case of an equal division of votes at a parish meeting the chairman shall have a second or casting vote. As to the chairman of a parish meeting, sec sections 2, suh-scction (4), and 45. sub-section (2). and notes, ante, pp. 8 and 191. The chairman of a vestry has, in addition to any votes which lie may give in right of his assessment, a casting vote, where the votes are equal (58 Geo. 3, c. 09, s. 2). Rule (9). (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. As to the election of parish councillors, see sections 3. suh-scction (li), and 18, sub-section (1), and notes, \ante, pp. 1G and 204. A candidate will not necessarily lie a parochial elector, see section 3, sub-section (1), and notes, ante, pp. 12, 13. Rule (10). (io.) 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. See sections 2, sub-section (4), 19. Bub-section (1), and 45, sub-sec tion (2), and notes. In parishes where there is a parish council, the chairman of that council (or. gemble, the vice-chairman where entitled to act for the chairman under Pari 2, Rule (11)) is to be the chairman of any parish meeting at which lie is present (section 45, sub-section (2)) ; in parishes where there i> no council, a chairman of the meeting for the year is to be elected at the annual assembly (section 19, sub-sec tion (I)). "The chairman'' referred to in this rule must be a person either entitled to act a- such ecu officio, or elected for the year under one of the two clauses last referred to. This rule is supplemental to and slightly fuller than section 2. sub-section (4), ante, p. 8. Parish Councils. 279 (11.) Any notice required to be given to oj served on a parish Sched. 1, meeting may be given to or served on the chairman of the ; ~ ... , e ■ ° Rule (11). parish meeti Except in the small parishes dealt with by section 19, there will be no chairman of the parish meeting Eor the year, but merely a chair- man for the purposes of a particular meeting, it would seem that the notice (except in the small parishes) must he given or served during the meeting to or on the person who is occupying the chair at the time. Part Two. Rules applicable to Parish Councils. These rules are made applicable to parish councils by section 3, sub- section (10). (1.) Every parish councillor shall, at the first meeting after his Rule (1). I Lon, 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 shall be void. This declaration should, if possible, be made at the annual meeting of the parish council; section 3, sub-section (7), and note, ante, pp. 17. 18. (2.) If any casual vacancy arises in the council, the council Rule (2). shall forthwith be convened {'or filling the vacancy. It will be the duty of the chairman to (Minnie a meeting of the Eor this purpose ; the vacancies are to be filled by the council, not by the parish met tion t7, sub-section (4). (3.) The lii i bu ine al the annual mi hall be to elect Rule (3). a chairman and to appoint the <•■■ As to the chairman and the qualification Eor the office, 3, sab- the notification of the appointment, - a (1) ;! i"' 50, ante, pp. 29-31 and 212. The chairm in may at any timi meeting of the l;,li ' ( ' >■ pariah council, [f the chairman n meeting of the council afl pii rition for that purpi i '1 by two member oi the council hae been presented to him, any two members of the council maj forthwith, on that refusal, conven i . II' the chairman (wit "" l within 2S0 The Local Government Act, 1894. Schkd. 1 oven days after such presentation, convene a meeting, any two — members of the council may, on the expiration of those seven days, convene a meeting. Rule (5). (.").) Three clear days at least before any meeting of a parish council notice thereof, specifying the time and place of the in- tended 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. " Clear" days in this rule means exclusive of the clay on which the notice is given and the day on which the meeting is to be held. The annual meeting is to be held on or within seven days after the 15th of April in every year, section 3, sub-section (7), ante, p. 17. Rule (6). (0.) 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. Hale (7). (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. The quorum will depend upon the number of councillors, which is to be fixed from time to time by the county council, and is not to be less than five or more than fifteen, section 3, sub-section (1). Role (8). (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. As to the keeping of minutes of the proceedings of a parish council, see Pari 3 of this Schedule, Rule (1). Rule (!)). (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. Each councillor must state which way he gives his vote so as to enable it to be recorded under Rule (8). Rule (10). (10.) In case of an equal division of votes the chairman of the meeting shall have a second or casting vole. The chairman will, of course, have an original as well as a, casting vote, whether he has been elected from members of the council or from outside. Parish Councils. 281 Rule (11). (11.) The parish council may, if they think fit, appoint one of Sched. 1. their number to he 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. A vice-chairman appointed under this role would occupy that position during the term of office of the council which appointed him. The appointment of a vice-chairman might be a way out of a difficulty arising from a chairman being absent or unable to act for an unduly long period. It seems that under this rule a vice-chairman would be entitled to preside at a parish meeting in the absence of the chairman of the council. See ante, p. 8. (12.) The proceedings of a parish council shall not be invali- Rule (12). dated by any vacancy among their members, or by any defect in the election or qualification of any members thereof. A- to the power- of the county council where a parish council becomes unable to act for want of councillors, see section 17, sub-section (5b ante, p. 203. The election of a parish councillor may be questioned by means of an election petition or a quo warranto. See section 48, and notes, ante, p. 204. (13.) A parish council shall hold not less than four meetings in r iuc (13), each year, of which one shall be the annual meeting, and every such meeting shall be open to the public unless the council other- wise direct. A parish council has power under this rule to direct as to any par- ticular meeting that it -hall be held in private. As to the "annual section '.'>. sub-section (7), ante, p. 17. (14.) Every cheque or other order for payment of money by a Rule (11)- parish council shall he signed by two members of the council. One of the members maybe, but will not necessarily be. the chair- man. Tin- payment to be made by the cheque or order must, of course, kuthorised by tin- council. (15.) Any notice required to be given to or served on a parish Rule (15). council may be given to 01 erved on the clerk to the parish 1 ouncil. This rule appears t.. assume thai a parish council will in all cases haw a clerk ; and though they are nol bound by the A.cl to appoint one. it i- difficult to Bee bow they can dispense with the services of such an officer. S ■" 17. Buh-sectiona (1) to (3), and section 81, sub- in (2), and 11 •_s-_> The Local Government Act, L894. Sched. 1. (16.) The parish council may appear before anj court or in any legal proceeding by their clerk or by any officer or member authorised generally or in respecl 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 mi any proceeding which the parish council are authorised to insti- tute and carry on. Part Three. General. This part, of the schedule applies to parish meetings and parish councils : section 2, sub-section (7), section 3, sub-section (1U). I Kale (1). (1.) Minutes of the [proceedings of every parish council and parish meeting shall be kept in a book provided for that purpose. A parish council is bound to provide ••parish hooks" (section 6, sub- section (1). ante, p. 39), an expression which includes the minute book referred to in this rule. Where no council exists, it will be the duty of the parish meeting' to provide them. It will be the duty of the chair- man to see that this rule is complied with. The clerk to the parish council will be the proper person to take a note of the proceedings and enter the minutes in the book. If there is no clerk, it would seem that the council or meeting might authorise the employment of some person for the purpose. 3 Hide (2). (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. It must be noticed that in order to make the minute evidence it must be signed at the meeting to the proceedings of which it relates, or at the next meeting of the same body. The date at which the minute is Blgned should appear upon the minute. A- to the appointment of com- mittees, see sections 56 and ."<7. ante, pp. 220— 228. ]; u ] r | (3.) Until the contrary is proved, every meeting in respect of the proceedings whereof a minute lias 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; and where the proceedings are proceedings of a com- mittee, the committee shall be deemed to have been duly con- Business of Parish Councils and Meetings, 283 stituted, and to have had power to deal with the matters referred Sciied. 1. to in the minutes. It will, of course, be competent for any party seeking to apset the proceedings of the meeting to tender evidence to -how that the meeting was not duly convened, or that any of the members were not duly quali- fied, or that the committee was not duly constituted, or was acting ultra vires. As to the convening of parish meetings, Bee section 1">. sub- section (3), and section .">1 ; and of parish councils. Part 2, Rule (4). of this Schedule. (4.) Any instrument purporting to be executed under the Rule (i). 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. See section 3, sub-section (9), ante, pp. 19, 20. The "chairman" referred to in this rule must be taken to mean the chairman presiding at the meeting at which the instrument is executed. An instrument drying the act of a parish council or (in the small parishes which have no council) of a parish meeting must be executed at a meeting of the council, or at a parish meeting(as the case may be) by the chairman presiding at the meeting (section 3, sub-section ('■>)• section L9, sub- section (11)). (5.) Subject to the provisions of this Act, a parish council may Rule (5). make, vary, and revoke .-landing 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. Such standing order- ought, it is submitted, to be primed and bung ii]> in any office or meeting room (if any) of the parish council, h would seem that the council for a group of parishes may under this rale make standing orders for the parish meetings of the pari -lies which form the group. (6.) Where there i no council for a rural parish, the pari b. Rule(6). meeting may, abject to the provisions of thie Act, regulate their own procei ' Sec la-t note. This rule will applj to the small parishes in which the parish meeting has the power- conferred upon ii by section L9. Where there i- a parish count il, but i hal bod] m ike no rej ulat ion a to the parish meetings for the parish or group, it ted that in that r-.i^- also those meetings must regulate their own proceedii business. 28 1 The Local Government Act, 1894. Sohed. 1. — Part Four. Proceedings of Committees of Parish or District Councils. Kale (1). (i ) The quorum, proceedings, and place of meeting of a coin- mittee, 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. It appears from Part 3, Rules (2) and (3), above, that every com- mittee must keep minutes of their proceedings. Kulc (2). (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. A committee have, of course, no power to fix their area of authority or in any way to alter the powers which have been delegated to them. Enactments Bepeahd. 285 SECOND SCHEDULE. SCHED. 2. Enactments Eepealed. Session and Chapter. 54 Geo. 3, c. 91. Short Title. 58 Geo. 3, c. 69. 59 Geo. 3, c. 85. 1 & 2 Will, c. 60. 4, A n Act to amend so much of an Act passed in the forty-third year of Her late Majesty Queen Elizabeth, as concerns the time for ap- pointing over- Beers of the poor. The Vestries Act, 1818. The Vestries Act, 1819. The Vestries Act, 1831. 4 & 5 Will. 4, The Poor Law c. 76. Aim: u d m en t Act, 1834. Extent of Repeal. 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 re- lates to parish meetings under this Act, except seetion thirty- nine. In section thirty-eight, the words " and the said guardians shall he elected by the ratepayers and by such owners of pro- perty in the parishes forming such union as shall in manner hereinafter mentioned re- quire to have their names entered as entitled to vote bb owners in the books of such parishes respectively ;" ami from "and also fix a qualifica- tion" to "for the ensuing year shall be chosen ;" ami from "ami every justice of T 3 286 SOHBD. 2. The Local Government Act, 1S91. Session and Chapter. i & 5 Will. 4, c.76 — (con.) 5 & (5 Will. 4, c. 50. 7 Will. 4, & 1 Vict, c. 45. 5 & Vict, c. 57. 7 & 8 Vict, c 101. 13 & 14 Vict. c. 57. 14 & 15 Vict, c. 105. 1G&17 Vict, c. 65. Short Title. The Poor Law Amendment Act, 1834. The Highway Act, 1835. The Parish No- tices Act, 1837. The Poor Law Amen dm ent Act, 1842. The Poor Law Amend me nt Act, 1844. The Vestries Act, 1850. The Poor Law Amend m e n t Act, 1851. The Vestries Act, 1853. Extenl of Repeal, the peace " to " as such elected guardians;" and from " Pro- vided also" to the end of the sect ii ill. 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 said jus- tices may deem fair and rea- sonable." 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, and twenty-four, and section sixty- one from "and wherever any such collector" to "provisions of this Act." 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 re- lates to parish meetings under this Act, Enactments Repealed. Session and , Chapter. 18 & 19 Vict, c. 120. 19 & 20 Vict, c. 112. 23 & 2-1 Vict c. 30. 25 & 26 Vict. c. 102. 25 & 2G Vict, c. 103. 30 & 31 Vict. c. 6. i 31 Vict, c. 106. 31 & 32 Vict c. 122. 38 & 39 Vict Short Title. The Metropolis Management Act, 1855. The Metropi ilis Management Amendment Act, 1856. The Public Im- provementsAct, 1860. The Metropolis Management Amendment Act, 1862. The L'niuii As- -Miielit Act, 1862 The Metropolitan Poor Act, 1867. The Poor Law Aim- ml tnent Act, 1867. The Poor Law A mend menl Act, L868. The Public Eiealth Act, 1875. Extent of Repeal. 287 Sched. 2. 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 guardians," and from " Provided always " to the end of the section. In section live the words "ex officio or elected," in both places where they occur, and the words "as the case may be." Section seventy-nine. Seel ions four, five, six, and nine, section ten bo far as it relates to elections of guardians, and section twelve. Section four from "and the powers" to the end of the sec- tion. Section eight from "and the number" to the end of the section. In section nine IV "Provided that (1) An ex officio guardian " to "situated in an urban districl " (being the provisoes) ; and the word ; " l'niiii owners or occupiers of propei ty il iiated in the rural districl of a value sufficient to SCHED. 2. The Local Government Act, 1894. Session and Chapter, 38 & 39 Vict c. 55 — {con.) 39 & 40 Vict. c. 61. 39 & 40 Vict, c. "79. 47 & 48 Viet. c. 70. 48 & 49 Vict, c. 53. 55 & 56 Vict. c. 53. The Public Health Act, 1875. The Divided Pa- rishes and Poor Law Amend- ment Act, 1876. The Elementary Education Act, 1876. The Municipal Elections (Cor- rupt and Illegal Practices) Act, 1884. The Public Health (Mem- bers and Officers) Act, 1885. The Public Li- braries Act, 1892. Extent of Repeal. 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 re- lates 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," ex- cept 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 guar- dians one-third at least shall consist of ex officio guardians, if there are any and sufficient ex officio guardians." Section thirty-six from " (h.) 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. APPENDIX. The following official documents relating to the Local Govern- ment Act, 1894, have been issued by the Local Government Board : — Guardians and Urban Sanitary Authorities CIRCULAR. other than Toim Councils. 5^ jf^,^ Local Government Board, 189 *- Whitehall, S.W., 5th March, 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 of guardians and district councillors under the Act will be held on the 8th November 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 day not more than sewn •lavs 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 pei -on- who are then members of board of guardians or urban or rural sanitary authorities will cease to hold office ; but until that day the persons who at the passing of the Act were guardians or members of urban sanitary authorities for districts other than boroughs will continue in oifice notwithstanding any want of qualification, as if the term of office for which they were elected expired on thai day, and excepl for the purpose of filling casual . t of electing additional guardians, where the number is increased, no further elections will be held. Eence, the guardians and member of urban sanitary authoi il mho would have gone out of office vn Apt bul for the passing 290 Appendix. Circular, of the Act, will continue in office until November and will thru . — — retire, and bite elections which would otherwise have been held ] S ,i ( in April will not take place. No further steps, therefore, should be taken with a view to any BUch '.'lection. 1 am, Sir, \'< iur obedient Servant, Hugh Owen, Secretary. The Clerk to the Guardians or Urban Sanitary Authority. «.nli March, Highway Hoards in England and North Wales. 1894. J Local Government Board, Whitehall, S.W., 9th March, 1894. Sir, I am directed by the Local Government Board to draw the attention of the Highway Board to certain provisions of the Local ( !i ivernment Act, 1894. District councils will under the Act be elected for rural districts, and will take the place of the present rural sanitary authorities. Section 25 of the Act provides that 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 authority. 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, or such further period as may, on the application of the county council, be allowed by the Board. The effect of this provision will be that the Highway Board will cease to exist on the day on which the first rural district councillors come into office, and the rural district council will thereupon become the highway authority, unless the county council post- pone the operation of the section within their county or the pari thereof comprising the district of the Highway Board. Section 84 provides that the firsl elections of district councillors under the Act shall be held on the 8th November next, or on such later date or dates in the present year as the Board may fix, Appendix. 291 and that the I shall come into office on the second Circulai;. Thursday after their election, or such other day not more than ( — n days earlier or later, as may be fixed by or in pursuance of ' ls ,,'j the inks made by the Board under the Act in relation to the ion of those councillors. By section 79, persons who, at the passing of the Act, are members of highway boards are continued in office until the day on which the first rural district councillors elected under the Act come into office, as if the term of office for which they were ted expired on that day, and consequently the usual annual ■ if waywardens will not take place 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 rds in the interval during which the operation of section 25 is postponed. This provision will enable the county council to give directions in their order for the election of waywardens in place of those who will ci ase 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. As regards the position of the officers of highway boards that will cease to exist under the Act, the Board direct me to state that section 81 provides that where the powers and duties of any authority other than justices are transferred by the Act to any district council, the officers of that authority shall become the officers of that council, and that every such officer shall hold his office by the same tenure, and upon tin rms and conditions as heretofore, and while performing the same duties shall receive not ay or remuneration than heretofore. The section also provide-, that 120 of the Local Governmenl Act, 1888, which relates to compensation to existing officers, shall apply in the case of i ted by the new Act, as if referem in t on to th j council were references to the autho- rity whose officer th I is when the claim for com- Al the time, the Hoard may draw the attention of the Hi d to sub-section (2) of ection 86 of the Ad, under which it will he the duty of every authority whose powers, dul ies, and liabilil rred by th.- Acl to liquidate so far the day on which the transfer take* effect, all rent debt- anil liabilities incurred by the authority; and to . under which the i of the I M ! •■• rd before that day v. III be audited in the ame f the Acl bad not ] the pur] of the lit II ■. .-. Board and their accounting officers will, until 292 Appendix, Circular. the audit is completed, be deemed to continue in office and be — bound to perform the same duties and render the same accounts, )v ,' ( and be Bubject to the same liabilities as before the transfer. I am, Sir, Your obedient Servant, Huciii Owen, To the Clerk to the Highway Board Secretary. 12th March, Highway Boards in South Wales. 1894. Local Government Board, Whitehall, S.W., 12th March, 1894. Sir, I am directed by the Local Government Board to draw the attention of the Highway Board to certain provisions of the Local Government Act, 1894. District councils will under the Act be elected for rural districts, and will take the place of the present rural sanitary authorities. Section 25 of the Act provides that 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 hoards shall cease to exist, and that rural district councils shall be the successors of the highway authority. 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, or such further period as may, on the application of the county council, be allowed by the Board. The effect of this provision will be that the Highway Board will cease to exist on the day on which the first rural district councillors come into office, and the rural district council will thereupon become the highway authority, unless the county council post- pone the operation of the section within their county or the part thereof comprising the district of the Highway Hoard. Section 84 provides that the first elections of district councillors under the Act shall be held on the 8th November next, or on such later date or dates in the present year as the Board may fix, and that the persons elected shall come into office on the second Thursday after their election, or such other day not more than Appendix. 293 seven days earlier or later, as may be fixed by or in pursuance of Circular. the, rules made by the Board under the Act in relation to the , — - , •.. ri , J ... 12th March, election ot those councillors. j.^14 By section 79. persons who, at the passing of the Art, are members of boards of guardians and of highway boards are con- tinued in otlire until the day on which the first rural district councillors elected under the Act come into office, as if the term of office for which they were elected expired on that day, and consequently the usual annual election of guardians will not take place in the present year. The effect of this enactment will be to continue in office the existing members of highway boards in South Wales until the day referred to. As regards the position of the officers of highway boards that will cease to exist under the Act, the Board direct me to state that section 81 provides that where the powers and duties of any authority other than justices are transferred by the Act to any district council, the officers of that authority shall become the officers of that council, and that every such officer 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. The section also provides that section L20 of the Local Government Act, 1888, which relates to compensation to existing officers, shall apply in the case of existing officers affected by the new Act, as if references in the section to the county council weir references to the autho- rity whose officer the person affected is when the claim for compensation at i At the Bame time, the Board may draw the attention of the Highway Board to of section B6 of the Act, under which it will be the duty of every authority whose powers, duties, and liabilities are transferred by the Act to liquidate 30 far as practicable before the day on whirl, the transfer takes effect, all current debts and liabilities incurred by the authority; and to Bub-section (2) of 3ection 85, under which the accounts of the Highway Board before thai day will be audited in the same manner as if the Acl had uol pa ed, and for the purpose of the audit the Highway Board and their accounting officers will, until the audit is completed, be di emed to continue in office and be bound to perform the same dutii and tender the Bame accounl and be Bubject to the same liabilitie ire the tran fer. I am, Sir, Soui ib dii ul Si rvant, Mi ..11 OWJ To the Clerk to the Highway B Secretary. u 294 ippendix. Circular. Metropolitan Testriesand District Boards and L9th March ""■' ^'""' Board of Woolwich. 1894. Local Government Board, Whitehall, S.W., 19th March, 1894. Sir, I am directed by the Local Government Hoard to draw attention to certain provisions of the Local Government Act, 1894, affecting the Vestries and District Boards elected under the Metropolis Management Acts, and the Local Board of Woolwich. Section 31 directs that the provisions of the 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 members of the local board of Woolwich, and the vestries elected under the Metropolis Management Acts, 1855 to 1890, or any Act amending those Acts, and the auditors for parishes elected under those Acts were urban district councillors. So far as respects the qualification of persons to be elected, the provisions referred to are also to apply as if members of the district boards under those Acts were urban district councillors ; but in other respects the election of members of district boards will be conducted as heretofore. Under the operation of section 31 of the new Act the electors of the members of the local board of Woolwich, of the vestries under the Metropolis Management Acts, and of the auditors elected under section 11 of the Metropolis Management Act, 1855, will be respectively the parochial electors of the parish of Woolwich and of the parishes for which vestries are elected. Where the area under the jurisdiction of any of the authorities mentioned is divided into wards, the electors for each ward will be such of the parochial electors as are registered in respect of qualifications within the ward. (Section 23 (3).) The expression "parochial elector" when used with reference to a parish in the county of London is defined by section 75 to mean any person who would be a parochial elector of the parish if it were a rural parish, and the parochial electors in a rural parish will under section 2 be the persons registered in such portion either of the local govern- ment register of electors or of the parliamentary register of electors as relates to the parish. Section 44 of the Act provides oendix. 295 for the manner in which the register of the parochial electors of a Circular. pariah is to he formed. lWhMatoh, With respect to the persons to be elected as urban district 18'J4. councillors, it is provided by sub-section (2) of suction 23 that 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 distrii or has during the whole of the twelve months preceding the election resided in the district, and no person shall be disqualified by Bex or marriage for being 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, ction 31 of the Act In connection with the qualification ofpersons to be elected, reference should be made to the 'provisions relating to the dis- qualification 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 of London auditors as if they were members of a. district council. An election under the Act will lie conducted according to rules to be trained by the Local Government Board. (Sec- tion 23 (5) and section 48.) If there is a poll it will have to he taken by ballot. Copies of the rale- foi regulating the elections will he for- warded 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 month before the firs! election the county council have not ,1,.. the Board may do so, and the scale thus Framed will apply to the t i i-i election and will have effect as if it 1 been made by the county council. 'Section 48 (7).) The Elections (Hour, of I'oll) Act, issr>, will apply to elections of memben of the Metropolis Managemenl Arts, (Section 31 (I).) Sub-section (5) of section is provides thai if any difficulty :u | lection of any individual member of the 1 board, or . or auditor, and then i no pro^ i ion for holding another election, the county council may order a new election to be held and give such direction! as may bi n iry for the pm po e of holding the election. u 2 296 Ippendix. q 1R( ULAB< The Art also provides that if any difficulty arises with reaped i,. the holding of the firsl election of members of the local board 19thMarch. or anv V( , st| . v _ or f auditors, or to the firsl meeting of the local board or vestry, or if, from no election being held or an election being defective or otherwise, the first local hoard or vestry has not been properly constituted, or there are no auditors under the Metropolis Management Acts, 1855 to L890, 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 election and properly constituting the local board, or vestry or auditors, and may, if it appears to them necessary, direct tin' holding of a meeting or election, and fix the dates for any such meeting or election. Any such order may modify the provisions of the Act, and the enactments applied by, or rules framed under it, so far a- may appear to the county council necessary or expedient for carrying the order into effect. (Section 80 (1).) Section 84 provides that the first elections under the Act shall be held on the 8th of November next, or such later date or dates in the present year as the Board may fix, and that 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 rales made by the Board under the Act in relation to their election. By section 79 persons who, at the passing of the Act, are members of the local board and of any vestry under the Metro- polis Management Acts, or are auditors under those Acts, are continued in office until the day on which the first members and auditors elected under the Act come into office, as if the term of office for which they were elected expired on that day, and con- sequently the usual annual election of such members and auditors respectively will not take place until the day appointed for the firsl elections under the Act. Under sub-sections (3) and (10) of the section, the first annual retirement of memhers of the local hoard and vestries first elected under the Act will take place at the date of the annual election in the year 1896; and suh- section (6) provides how the members who are to retire in 1896 and 1897, respectively, are to be determined. Except as regards the present year, the dates for the annual elections will not be altered by the Act; but, as indicated above, there will he no annual election in 1895. The existing local board and the existing vestries are required fo take the necessary measures for the conduct of the first Appendix. 29 elections under the Act of members of the local board and of the ClRCTJLAK. vestries respectively, including any appointment of returning , „.. ^Zgj, officers required by rules made by the Board under the Act. 1894. (Section 79 (1) and (10).) After the vestrymen first elected under the Act come into office, uu person is ex officio to be chairman of any of the vestries under the Metropolis Management Acts (section 31 (1)), but each of the vestries, except those electing district boards, and each of the district boards and the local board of Woolwich must, at their first meeting after the annual election of members, elect a chairman for the year, and the chairman so elected will, unless a woman or personally disqualified by any Act, be by virtue of bis office a justice of the peace for the county of London, but before acting as such justice be must, if he has not already dune bo, take the oaths required by law to be taken by a justice of the ce, other than the oath respecting the qualification by estate. ions 22 and 31 (2).) The provisions of section 41 of the Metropolis Management Act, 1855, enabling a districl board to eleel a chairman of the meetin;_', will apply only in the case; of the absence of the chairman of the district board elected under the new Act, (Section 31 (2).) Nothing in any local and personal Ait is to prevent any vestry in the county of London from holding its meeting at such time ae may he directed by the vestry. | - .'51 (3).) Certain provisions of the Metropolis Management Acts which are inconsistent with, or an 1 by the provisions above referred t", are repealed by section v '-» and the Second Schedule to tie- new Act. ! .mi, Sir, Vrnir obedienl Servant, Id en Owen, Secretary. Tie- Clerk t" the Vestrj or 1 >i trict Board or to the Local Board of Wooba ich. n 298 -'/' OiBCULAB. County Councils, except th Councilfor the Scilly . ^[. v)l Isles and th London County Council 1894. Local Government Hoard, Whitehall, S.W., 24th March, 1894 Sir, 1 am directed by the Local Government Board to draw the attention of the County Council to certain provisions <»l the Local Government Act, 1894, and especially to those under which powers and duties will devolve on the County Council for the purpose of bringing the Act into operation within the county. Every parish in a rural sanitary district, and in the case of a parish which is partly within a rural sanitary district, the part within such district will be for the purposes of the Act a rural parish. For every rural parish there will be a parish meeting, and for every rural parish which, according to the census of 1891, has a population of 300 or upwards, there will lie a parish council, which will he elected by the parliamentary and county electors registered in the portions of the parliamentary and county registers relating to the parish. The parish meeting will consist of these persons who are in the Act described as the parochial elector-. It is not necessary for the present purpose to set out all the powers which will he possessed by a parish council, hut in con- nection with the duties that will devolve on the county council, it may he noticed that most of the powers of the vestry, in other than ecclesiastical affairs, will he transferred totheparish council, and that where the Lighting and Watching Act, 1833, the Laths and AVashhouses Acts, 1846 to 1882, the Burial Acts, 1852 to 1885, the Puhlic Improvements Act, 1860, and the Public Libraries Act, 1892, or any of these Acts (which are referred to as the adoptive Acts), have been put in force in a rural parish before the parish council come into office, that council will be the authority lor executing the Acts, if they are in force in the whole of the parish. Section 53 of the Act provides means whereby the parish council may become such authority in a case where the Acts are in force in part of the parish only. The Act makes important alterations in the qualification, mode of election and retiremeul of guardians, and confers on county councils mw powers in relation to certain matters connected Appendix. 299 with this subject, which will be explained in a later part of this Cikcul\r. circular. an sanitary authorities will as from the appointed day be ~ lgj^f 1 * ' called urban district councils, and their districts will be called urban districts, but the style or title of a town council will not h altered. The mode of election of urban district councillors will, except in a borough, differ from that at present in force, and certain powers are given to county councils in connection with the retirement of urban district councillors. These will be referred to hereafter. For every existing rural sanitary district wholly comprised in one county there will be a rural district council, whose district will be called a rural district, and where a rural sanitary district is situate in more than one county, such portion of it as is situate in each county will, save as otherwise provided in pursuance of the Act, or of any othei A t. be a- from the appointed day a rural district. District councillors will be elected for every parish or other area for the election of guardians in a rural district. They will lie elected by the parochial electors, and will be the representatives of that parish or area on the board of guardians, and guardians as such will not be elected for that parish or area The provisions of the Act with reaped to the qualification, election, term of office, and retirement of guardians will apply to rural district councillors. Hence the powers of the county council in relation to these matters, so far as guardians are cerned, will apply in the case of rural district councillors also. Rural district councils will be substituted for rural eanil authorities, and will have all the powers and duties of those authorities. They will have certain new powers ami duties under tin- Act, bul except in connection with highway-, it is unnecessary t" 'haw the attention of the county council to any of these powi or duties. The provisions a- to highways are dealt with in a later of tin- circular. The provisions which should In attention of the county council are those contained in Part 1 1 1, of the Act, which The Act contemplates that < rish and, as a general rule, every rural district shall he wholly within one administrative county, and ih.it, also I rule, every parish shall be wholly within one rural or urban district. With a view to secure this result, ami to provide for tl e ettling "t incidental admin: . miit on the alteral V which made by tin- Ad ii elf, verj important duties have been imposed on county councils. L894. 300 Appendix. C'i 1; , ,-, xl; Section 83 makes it the duty of every county council toexercise all such of their powers as may be requisite tor bringing the A.cl IQO( into lull operation within their county as soon as may be after the passing of the Art. The first elections under the Act are to 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 alter their election, or such other day not more than seven days earlier or later as may be fixed by or in pursuance of rules made by the Board under the Act in relation to their election. (Section 84.) It is important that alterations which may affect the preparation of the lists of voters should he 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. Many of the provisions of the Act referred to in this circular are to take effect from the "appointed day." Subject as men- tioned 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 purposes of giving notices or doing other acts preliminary to such elections, and for the purpose 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. The powers and duties of county councils, so far as they may have to be exercised either before or in connection with the first elections, may beclassified under the following heads : — I. — Areas and Boundaries. II. — Parish Councils. III. — Guardians and District Councillors. IV. — Highways. V. —Miscellaneous. I.— Areas and Boundaries. Sub-section (I) of section 36 provides as follows : — 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 Appendix. 30i (h.) Every parish which ;it the passing of this Act is situate ClRCULAK. partly within and partly without a sanitary district ; 1 ■ y J J ' 24th March, and 18 ,, L (<:.) Every rural parish containing a population of less than 200 ; and (d.) Every rural sanitary district which at the passing of this Ad bas less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district ; and (<:.) Every rural parish which is co-extensive with a rural litary district ; every county council shall forthwith take into consideration every such case within their county ; and whether any proposal has or has no1 been made a- mentioned in section 57 of the Local 1 eminent Act, 1888, shall as soon as practicable, in accordance with that sectionj inquiries to he made and notices given, ami make such orders, if any, as they r distrii I'.. sub-section (11) of section 36 it is provided that, where at the passing of the Act a rural sanitary district or parish is situa in more than one county, a joinl committee of the councils of the several comprising tie- district or parish Bhall acl under the section. The appointment by each countj council of repre- sentativi on the joint committee i i" he made within two months alter reque t from any other of the council interested. If any of ile- councils fail i" appoint membei of the coi ittee within that period, tlie members actually appointed are t" act. on relating t>> lie- , ,,n titution <>i proi edure of the j'.ini committee, ;i i" which the count il pned are unable to i" be determined by the Board. tii i c.i,- mentioned in ection ::<', i that of a pariah in 302 Appendix. CiECULAE. more than one administrative county. In many instances of this ~~r , kind the rural district will also be in more than one county, and J I in March, , , , , ■,-,,■■,■, , ... , 1894_ tlu- Board nave dealt with them later on, m their remarks on cases where the rural district is so situate The county council will also have to consider the ease of any parish which is not whollj contained wilhin one sanitary district, and these eases include some in which the parish is in more than one county also. It', 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 he divided by the Act, the part within the rural district and the part without being constituted separate parishes by sub-section (3) of section 1. 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, he competent to the county council, if the circumstances justified it, by an order under section 57 of the Act of 1888, to extend any urban district, not being a borough, containing pail 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 district will, unless the county council otherwise direct, and subject to any alteration of area made by or in pur- suance of the new Act or of any other Act, become, as from the appointed day, a separate parish. (Section 3G (2).) The county council can either alter the boundary between 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 he adopted where there are special reasons for it. These observations apply equally to the urban part id' a parish situate partly in a rural and partly in two or more urban districts. In any case, such as those mentioned above, where tint 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 com- mittee 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 Government Act, 1888, that an urban district hould be in more linn one county. Appendix . 303 Where a parish is divided by the Act into two or more new ClBCULAE. parishes, sub-section (9) of section 36 directs that those parishes ~-. i shall, until it is otherwise provided, be included in the same poor \.%$±. law union in which the original parish was included, and sub- section (1) of section 79 directs that, subject to any order made by the county council, there shall be one guardian, and in the ase nf a new parish in a rural district, one district councillor for each of the new parishes. Many of the parishes which will I 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 provision applies, the county council may be called upon to make an order as to the future representation of the new pari 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 nexl after the appointed day, continue in office as if they were - 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 parishes are divided, and new parishes are constituted by the Act, whether under section 1 (3) Ction 36 (2), they are to be separate parishes in like manner if they had been separate parishes under the ided Parishesand P ' Law Amendmenl Act, L 876, and the lending the same. The formation of parishes under the ferred to has no effeel as regards the constitution of school districts without the sanction of the Education Department. Taking next the case of the rural Banil mate in more than one county, the A.c1 provides thai where an\ such district La on the appointed daj e in more than one administrative county, such portion thereoi ituate in each administrative county shall be as from thai da ict, led by or in pursuance of this or anj othei A m 24 (5).) Unless, therefoi a) I anita nol wholly i iprised within one county, a joinl committee of the i '"' otherwise direct, the districl will be divided by the .Vt. In ■ i ' in more than one county, bnl noi f the parishes in the districl overlap the boui I any county, the fii ' ''"' considi ration will 304 Appendix. I'u;, i lab. be whether any special reasons exist for directing that the district , , — — , shall not be divided in the manner contemplated by sub-sec- '1 lili March, . _, . ' . , 1894. ' ,| " 1 [y)oi section 24. I he Ad does not detme what special reasons may be regarded as sufficienl for interfering with the operation of thai section, and the discretion of the joint committee of the county councils is, therefore, unfettered in that respect. If it is considered thai there are special reasons for nol dividing the dsstrict, 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 older of the Board under section 54 of the Local Government Act, 1888. (See sub-section (•">) of section 30 of the new Act.) 1 !' the division of the district is nol interfered with, but the effect of it would lie to create a rural district having less than five elective councillors, the case comes under paragraph (iii.) of sub- section (1) 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 -nine 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 anotherrural 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 would be to unite it with a neighbouring rural district. The district might, however, be divided by the order of the county council, part being added to one neighbouring district, and part to another. [n 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, the county council will have to direct what shall be the name of the district. rhere a parish within a rural sanitary district overlaps the boundary of the county will be more complicated. In these Appendix. 305 s arrangements must be made to prevent the overlapping of Cikculai;. thecountv boundary by tbe parish, even ii the rural district is ,. ,~ • „ , ' ' .1 -ft" March, allowed to be m more than one county. As a rule, it would 1891. m in these cases that the parish should be divided by order of the county council, but the A( I will admit of an alteration of the county boundary if that course seems expedient. It is to be borne in mind that the Act itself does, not form irate parishes of the parts of a parish situate in differenl administrative counties. The division under sub-section (5) of tion 24 of a rural sanitary districl 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 of the parish in one county. Where a parish is so divide. 1, the order of the county council must contain directions as to the number of guardians and district councillors to be elected for each of the new pai : i med 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 districl is co-extensive, or in which it is comprised, but where the alteration of a poor law union seems expedient by on of any of the provisions of the A. t, the county council empowered by sub-section (6) of section 36, to provide by their order for Buch alteration. When- the alteration ol the boundary of a county is deemed expedient for any of the purposes mentioned in section 36, application should, as already indicated, lie made to the Board for an order under section 54 of the Local Government A 1888. If it is proposed that the boundary of a borough should be altered for these pur] iplication should be made. 5)0 Where the alteration of the boundary of any parish, or the division thereof, or the union thereof, or of pan thereof with another parish, spedienl for any of the purposes of the ■ provision for such alteration, division, or anion, may be made by an order of the county council under section 57 of the ).) The provisions »n 59 of thi I. al I fovernmenl A t, ill apply to any ordei for the purposes of the pre-, m Act that may be made under section 57 of that Act, and ection 69 >>f the new A.c1 provides thai in anj i ise where an alteration of any made by the Act, an order may be mad.' by the county ncil, or, in the i oi male in more thi iv, int committee "I i ountj co incil . for any of the matt mentioned □ 59 oi CJnder these pow< 306 Ippendix. Ceroi dab. adjustments maj be made of any property, debts, and liabilities affected by the alteration, and directions may be given for .1 I . 1 \ I . 1 1894 effecting any subsidiarj arrangements rendered necessary by the alteration. Sub-section (12) of section 36 requires that every reporl made by the Boundary Commissioners under the Local Government Boundaries Act, 188"7, shall be laid before the council of any administrative county affected by thai 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 com- mittees 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 effect to the recom- mendations 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 of councillors to be elected for each rural parish which will have a parish council. The number is to be not less than live nor more than 15, and it should be fixed sufficiently early for proper arrangements to he 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 consultation 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 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 incon- venient, or that it is desirable lor 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 hail to the population according to the last published census for the time being, and to the evidence oi any considerable change Appendix. 307 of population since that census, and to > area and to the distribution Circular. and pursuits of the population, and to all the circumstances of — the' case. (S L8 and 84(3).) L>1,1 j3J; m ' h ' Section 1 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 purpi section enacts that an onlcr may lie made by the county council under Part III. of the A The county council may, with the consent of the parish meet- ings, 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 a rule, be within the same county and county district, but if there aie special reasons for grouping parishes in adjoining counties or county districts, the county council may depart from tlie rule. (Section 38(2).) The order lnu-t make provision for the name of tin- group, and as undei in 1 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 irate representatives of each parish on the parish iouncil, and that it may pr< aide for the consent of tic parish meeting of a parish t" any particular act of the parish council ^r for anj other adaptations of the Act to tie p of parishes, or to the parish meeting- in the group. The mode of election of parish councillor is determined by sections :; and is. Further, the grouping order inii-t provide for the application of the provisions contained in sections I 1 and 17 of the Act with , to the appointment of trustees and beneficiaries of charities, and the custody of documents, rve the separate rights of each parish. The county council will he empowered to order tl Lish- mentofpai neil in rural parishes which, according to the census of 1891, have a population of less than 300. (Section i.) It in tie ij a rural parish with less than 300 bul n - than LOO inhabitants, thi i meetinj Ive, the county council must, by an order under Pari 1 1 1, of the Act, provide lor the blishmenl of a parish council. In tin- case, the county council will have no alternative hut to issue th,- order if the i v resolution d. tn regard to any rural parish with Less than 100 inha 308 Appendix. CIRCULAR, the county council may issue an order establishing a parish 24th March council, if the parish meeting consent, but the parish will have 'i' s ii'i'" ' no right to demand that a parish council should be established. The granl of a parish council will be in the discretion of the county council. Subject, however, to the necessity for obtaining the consent of the parish meeting the county council may act in these cases on their own initiative ; but it' 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 ( I) of section 30 provides that until the dis- trict 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. In these cases, therefore, it will rest with the county council to determine whether the rule laid down in the sub-section should be departed from; and in any such case it will be competent to the county council to 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 be elected for each parish within their county, and it is provided that for those purposes the council 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 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. 1 22). That -cci ion 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 Append 309 the election of guardians, and to add any such parish, if it is a Circular. rural parish, to any oilier parish in the rural district for the -,, ,TT , " 24th March purpose of the election of rural district councillors ; but they i§94. will not be able to add an urban parish to a rural parish, or ■ >■, rsd. The power conferred on the Board by the Poor Law Acts to divide parishes into wards for the election of guardians is con- tained in section 12 of the Divided Parishes and Pour Law Amendment Act, L876 (39 & 10 Vict. c. 61), which enables the Board to divide any parish into wards for the election of guardians and tn determine the number of guardians to be el scted 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 hoard of guardians shall _ out of office on the loth A] nil in each year. Where, however, • the county council on the application of a hoard of guardians consider that it would be expedient to provide for the simultaneous retiremenl of the whole Board, they may direct that themembers 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 joinl committee of the council.- of the counties concerned. There are some-eases in which at the present time tin- whole of the guardians retire at the end of every thud 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 districl council of a district wholly or partially within the- union, otherwise direct. Section 2 1 make- the provisions of the Act with respect to the term of office and retirement of guardians applicable to the dis- trict councillors of a rural district. In any case where such a net is in more than one union, it will be necessary to secure that the mode oi retirement of the guardians of the unions shall he the same, as otherwise there may he serious difficulties in con- nection with tin- constitution of the district council. Section 8 ides that the < ouncil of each county may for the purpose of regulating the retiremenl of uardi mi or rural distrii t councillors, in cases where they n tire by third-, direct in which year or years ol each triennial period the guardians oi di trict council! each pari h, ward, or other area in the union or rural disti ii i hall retire. 810 Appendix. Circular, Where the union is situate in more than one county, the power of fixing or altering the number of guardians or rural district 1S m'[ councillors, and of regulating the retirement of guardians and of districl 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, ot by any committee of any of those councils authorised in that behalf, the order will be inoperative until confirmed by the Board. (Section 59.) 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 provide for retirements in the years 1896 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 7!) to be determined by the county council with reference to the parishes, wards, or other areas for which the guardians or councillors are elected. o I V. 1 In; ii ways. 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 he 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 Buch 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 hoard, or authority having the powers of ahighway hoard and as respects a highway parish, the surveyor or surveyors of highways, or other officers performing similar duties. (See Local Government Act, 1888, Bection 100; Local Government Act, 1894, section 75.) Appendix. 311 The eff& I of 3& tion 25 will be that all these highway autho- Circular. rities will cease to exist on the day on which the first rural dis- , , ,"77 , .,, „, , , , , -Itli .March. tnct councillors come into office, and that the rural district i, s , the part of the existing parish which is outside the urban 'li trict will continue subject tion 216 of the Act . » 1' 1875 until tl rural district council become the highway authority, uotwith- etanding that it may have become a 312 [ppcndia: ClKCULAB. V. — MiscKU.ANEOUS. -.Mih March, l89 *' 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, £.&, of elections of parish and district councillors and guardians. If, at the beginning of one month before the first election, the. COXinty conned have nol framed any such scale for their county the Board will have power to frame a scale for the purposes of that election. The Hoard will he glad to receive a copy of the scale framed by the county council under this section as sunn as it has been approved by 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 connexion 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 ami give such directions as may be necessary for the pur- pose of holding the election. Under section 80, if any difficulty arises witli respect to the holding of the first parish meeting of a rural parish, or to the first election of parish or district councillors, or of guardians, or to the first meeting of a parish or district council, or hoard of guardians, or if, from no election being held, or an election being defective or otherwise, the first parish or district council, or hoard of guardians, has not been properly constituted, the county 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 parish or district council or board of guardians. They may, if it appears to them necessary, 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 enactments 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 he 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).) Appendix. 313 Under section 17 each parish council will be empowered to ClBCULAR. appoint an unpaid treasurer, and this officer is to give such - — ■ security as may be required by regulations of the county council. " jag* '' 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 fiamed a- to require such security to be given by these officers as will be sufficienl to cover the amount likely to he in their hands belonging to the parish councils at any one time. It is now necessary to refer to the provision.- 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 pro- visions of the Act, any order made by a county council in pursu- ance of Part III. of the Art (as to areas and boundaries) shall be deemed to be an order under section ">7 of the Local Government . L888. Every such order will consequently have to hi' made in accordance with the provisions of thai section, and of the regu- lations issued by the Board thereunder, and, with the exceptions mentioned in section 40 of the Act (to which attention should he ially directed:, will require confirmation by the Board in the manner prescribed by section 57 of the Act of 1888. An important ami ndim ul of the section referred to is made by ion 41 of the new Act, which provides that the time for petitioning to the Board against an order of a county council under the section .-hall he six weeks instead of three month- after the firsl notice of the provisions of the ordi Tin- Act also providi - thai any hoard of guardians affected by an older under Pari I I I. of the A' '. have the same right of tioning against the order ..- is given by section 57 of the Ad of 1888 to other authorities (section 36 (10)); and that where any of the area- referred to in section 57 of the Act of 1888 i situate in two or more counties, <>v the alteration of any Buch an would alter the boundai i poor law union situate in two or more counti at committee appointed by the count) councils < erned i-, mbjecl to the terms of delegation, i" be deemed t" have and r. have alway had power to make ordei under the section with reaped to th 3ection 36 (11).) An order male under ection 60 of the new A • to the number or retirement of guardian or rural district councillors will, as alread) mentioned, require confirmation bj tin Board if, in the c.i <• of a union situate in more than one county, the order bjected to by any of the county councils cone, mi. d or bj a committee of anj of those council authorised in that behalf. 8] l Appendix. Circi LAB. Among the orders thai will not be subject to the provisions of — Bection 57 of the Act of Inns, anil will not require to lie submitted " jog" ' to the hoard, are orders of the county council fixing 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, post- poning within 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 connexion with the orders of the county council under this Act, it may lie 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 there- under 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 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-Bection (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 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 the regulations made by them on the 14th September, 1889, except where notice of a local inquiry has been given before the date of the order. It will be found that the new regulations materially expedite and simplify the procedure 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 ■ tion doe, not require confirmation by the Board, it has hitherto been necessary that the order, after having been made, should be ain approved 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 be requisite, if tin- requirements of Articles IV. and VIII. have been complied with. Appendix. 315 :>ith March, 1894. It will also be observed that under Article IX. the expression Circular. "county council," as used in the order, will include a commit! of the county council to whom they have delegated their powers under the Act of 1894, and also a joint committee appointed by any county councils for the purpose of dealing with any cases in which they are jointly interested. The board enclose six copies of the order, and they have caused it to be placed on Bale. If, therefore, further copies are required, they can be purchased from Messrs. Eyre and Spottisw le, Eas1 Harding Street, London, E.C., either directly or through any bookseller. Copies of this circular can also be purchased in the .-.une way. It has sometimes been pointed out by county councils that no pro- vision was male by the Local Government Act, 1888, as to the expenses of inquires held by them under the Act. It is now pro- vided by Bub-section (4) of section 72 of the new Act, that where a county council hold a local inquiry under the Act or under the Act of 1888 on the application of a parish council or districl council, or of any inhabitants of a palish 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 expen I the county council incurred in the ease of inquiries under the Act musl 1"- paid oul oi the county fund. i i- ,n M contain- provisions as to the registei of the chial electors which is to be formed alike for urban and for rural parishes for the pur] ions under the Act. The i do not consider it a provisions in detail ; but the attention of the county council Bhould be du I to the proviso to Bub-section (3) of Bection s 1, under \\ hich, if the county council have under consideration any division into wards or alteration of the boundaries of any parish, or union, or district which i- to affeel the tir -t elei tion, they may direel thai thi of voters shall be framed in parts corresponding with such divi- B ion or alt ratio o thai the pari e either for the unaltered parish, union, or district, or for the same when dr\ ided dtered. [n making any such division or alteration al any ti in the month of July oi next, the county council may direel their clerk to make Buch adjustment of the i | ichial the division ot alteration may render uei enabl hial electoi to vote al the firsl election in the ward, union, or district in which hie qualification is situate, and 1894. :;ii', Appendix, Qjjjqu] V1; it will, of course, "be the duty of the clerk to give effect to any Midi 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 effed at such time as to enable the overseers to make out the list 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 nut, 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 he given to the intentions of the legislature, it is requisite that the county councils 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 the\ 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 county are situate, with a view to the immediate appointment of any joint committees necessary to enable such cases to be dealt with. The Board would further uggesl 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 con- tain 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 give the most recent information that has been published as to the cases Appendix. 317 where parishes and rural sanitary districts are in more than one Circular. county. The retain relating to poor law parishes also shows the — number of parishes partly in rural sanitary districts. The names ~ ] S ",,j of parishes partly in urban sanitary districts may be obtained from the tables numbered t 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 shoidd he fixed sufficiently early for proper arrang ments to be made for the candidature ot persons desirous of offering themselves for election at the first election. With this exception, it would seem that unless application 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. l'.y section 36 the council are required to take into consideration tbe cases of small rural parishes, but no order for the grouping of such parishes, or the establishment of parish councils therein, could actually be made without the consent of the parish meeting given after the appointed day. As i _ section 25 of the Act, it will, of course, be necessary that any order postponing the transfer of I | 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 1 1 1 : i \ thai it bears the meaning given to it by the Interpretation Act, L889 (02 Ci 53 Vict. c. 63), which provides thai 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 be appointed, 1 am, sir Your obedient Servant, Hugh Ow] The Clerk of the Counb < louncil. 31S Appendix. CntOUL \k. Registration. '|s"m| Local Government Board, Whitehall, S.W., 2nd April, 1894. SlE, 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 provisions of the Local Government Act, 1894, it is intended that an Order in Council should be issued to amend, for the purposes of the approaching registration of electors, the instructions, precepts, notices, and forms prescribed by the Regis- tration Order, 1889. The Board direct me to state that it is not proposed at present to issue an Order in Council on the subject; but they think it very desirable that the attention of the overseers should be specially drawn to the duties imposed upon them by the Act, in connection with the enfranchisement 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 be drawn are those contained in section 43 and sub-sections (3) and (9) of section 44 ot the Act. Section 43 enacts that, for the purposes of the Act, a woman shall not be disqualified by marriage for being on any local ivernment register of electors, or for being an elector of 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 parish shall be framed in parts forwards of urban districts and parishes in such manner that they may be conveniently used 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) Appendix. 319 of the Act, under which parishes situate partly within and partly Circular. without a rural sanitary district will be divided into separate — ~ parishes, and the attention of the overseers might with advantage " 1894. be called to this point also. 1 am, Sir, Your obedient Servant Hugh Owen, Secretary. To the Clerk of the County Council, Town Clerk, or Returning Officer. Boards of Ghtardi :j r ,l April, ls:il. Local ( rovernment Board, Whitehall. S.W.. 3rd April. 1894. Sir, I am directed by the Loral Governm ird to si that inquiries haw- been addressed to them as to the effect of the Local Government Act, 1894, as regards the term of office of the presenl chairmen and vice-chairmen of Boards of Guardians, and the continuance in office of committees appointed by the Board point out that section 79 (8) of the Ai i. which continues in office, until the day on which the lar- diaii- and rural di lUncilloi 1 under the A I COnie into office, the ] who were mi rdians and oi R iral Sanitary Author; the dale of the passing of the Act, does not refer to the chairmen or vice-chairmen or membi h. In ;! where the orders in force require that the i tion of chairmen and vice-chairmen hould take place ai the i meeting i f the guardians ifter the 15th April, the period of ofl of the chairmen or v ii men will nol be aff< urn - 1 ti time thi i, I- an ' appointed under the Union ' lenl < lommitl to the Board tl the < lommittee must be r< gardi d appointed for i only, and consequently thai they mi appoint in the pi- uit yeai ai i be u il time. 320 Append CIRCULAR. In the case oi a School Attendance Committee, section 7 of the - - . Elementary Education Act, 1876, expressly provides that the ]sll| " appointment of the Committee shall be made annually, and the Board consider thai this Committee should he appointed by the Quardiansat their firsl meeting after the date on which the elec- tion 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 weir 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 ollice until November next without re-appointment, unless the Com- mittee were appointed for a limited time. A Committee appointed to consider and report on any special subject will continue in office after the date on which the Guar- dians would, but for the Local Government Act, 1894, have gone out of office, if the business for which the Committee were appointed is not completed by that date. A Sanitary 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 exist. I am, Sir, Your obedient Servant, Hugh Owen, Secretary. The Clerk to the Guardians. Appendix. 32] ty Councils. Local Government Board, Whitehall, S.W. 30tb April, 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 Government Act, 1894, under which powers and duties will devolv< the Countj Cotmcil for the purpose of bringing the Act into operation within the county. The Board have now issued an Order prescribing regulations for expediting and 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 adminis- trative counties, may have to take action for the purpo bringing the Act into immediate operation. Six copies of the Order are enclosed, and if additional copies are required, they can be purchased from Messrs. Eyre and Spottiswoode, East Harding Street, London, E.C., either directly or through any bookseller. [ am, at the same 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 boroughs, on the Bubject of the provisions above referred to, which affeel such councils, and I am in rail attention to the remarks on page 5 as to the appointment in certain cases of joinl committees under Bection 81 oftheAd of 1888. The Board also desire me to draw attention to the last paragraph of the Circular, as to the powers of joint committees appointed in pursuance of the A.c1 of this 1 am, Sir, V.air i ill. dienl Servant, Hugh Owi CllU i LAB. 3 Ith April. 1894. The Clerk of the County Council. 322 Appendix. ClRCULAB. '/'. um Councils of County Boroughs. "•"ill April, Local Government Board, ls: " - Whitehall, S.W., 30th April, 1894. Sir, 1 am directed by the Local < rovernment Board to draw the attention of the Town Council to certain provisions of the Local Governmenl 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 conferred 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 tin- duty of the town council of every county borough to exercise all such of their powers as may he requisite for bringing the Act into full operation within the borough as soon as may he alter 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, ami 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 lie fixed by or in pursuance of rules made by the Board under the Act in relation to their election. Tt is important, that alterations which may affect the preparation of the lists of voters should lie made sufficiently early to enable the Lists to he 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 lor which the' registers of parochial electors will he made are affected, be made, so far as practicable, before the Ls1 of July next. By "parochhd electors" are meant, with reference to a parish in a coiinU borough, the persons who would he 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 tin- parish. (Sections 2 (1) and 75.) Many of the provisions of the Act referred to in this circular Appendix. 323 are to take effect from the "appointed day." Subject as mentioned Circular. 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 1894 or such prior day as may be necessary for the purpose of giving notices or doing other acts preliminary to snch elections, and, for the purpose of the powers, duties, and liabilities of councils or other bodies elected under the Act, or other matters not speci- fically mentioned, it will be the day on which the members first ted come into office. (Section 84.) I.— Areas and Boundare 3. The provisions which should first receive the attention of the Town Council are those contained in Pari 111. of the Act, which relate to areas and boundaries. Sub-section (1) of section 36' provides (amongst other things) as follows : — For the purpose of carrying this Act into effect in the case of — (a.) Every parish .... which at tin- passing of this Act is situate partly within and partly without an adminis- trative county ; and (b.) Every parish which at the passing of this Act is situate partly within and partly withoul a sanitary district : ry 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 ernment Act, is>w, -hall, as soon as practicable, in accordance with that Bection, cause inquiries to be made and notices given, and make such orders, if any, as they deem niosl suitable I carrying into effect the presenl Act in accordance with the follow- ing provisions, namely : (i.) The whole of each parish -hall be within the same admin- istrative county ; and (ii.) The whole of each parish Bhall, unless the count) council for special reasons otherwise direct, be within the same county district. The ■ 1 1 1 1 f y districl " doe nol include a county borough ; but, with that exception, incl ry urban and rural district, whether a borough or not, urban and rural Banitary distriel within the meaning of the Public Health . L875, other than a county bor< m 21.) on (11) ot section 36, it i pro\ ided that, whei t],, of the Act a parish is situate in more than one county a joint committee of the coui • ral counties com- 3:2-1 Appendix. (ikii i.\i;. prising the parish shall act under the section. The expression ., . ., "county" includes a county borough. (Section 75.) Theexpres- . > < > r 1 1 April. . . . 1394 sion "administrative county only includes a county borough where this is expressly stated (section 100 of the Local Govern- ment Art, L888, and section 75 of the Local Government Act, 1894); but a parish partly within and partly without a county borough wmihl, the Board believe, be in every case a parish partly within and partly without an administrative county, as defined by tin- An of 1888. It would in any case be a parish partly within and partly without a sanitary district. Conse- quently it will be necessarj thai joinl committees of the councils ofthe county and county borough should he 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 lepresentatives on any joint committee for the pur- poses of section 3ti 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 procedure of the joint committee as to which the council;; concerned ale 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 he divided by the Act, the part within the rural district and the part without being constituted separate parishes by sub-section (3) of section 1. Sub-section (2) of section 30 piOA ides that where a parish is at the passing of the 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 other- wise direct, and subject to any alteration of area made by or in pursuance of this or any other Act, he separate parishes in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor haw 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 he borne in mind thatsection 36 expressly directs that the orders shall he so made that the whole of each parish shall he within the same administrative county. An order could not therefore he made directing that a parish, now partly within a. county borough and partly within an administrative county, should so remain. The parts of the parish Appendix. 325 might be added to other parishes by orders under the section, Circular. instead of being allowed to become ishes in pursuance „ , r ... of the Act. 1894. In any case, such as those mentioned above, the boundary of any borough in which the parish is partly situated could, on the ii' - ■ 3sary application, be altered by an order of the Board under i the Local Government Act, 1888. Where a parish is divided by the Act into two or more new parishes, sub-section (9) of section 36 directs that these parishes shall, until it is otherwise provided, he included in the same poor law union in which the original parish was included, and sub- ion (2) 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 districl councillor for each of the new parishes. Many of the parishes which will be divided by the A- t are at present entitled to more than two guardians, and in such cases, if a county borough i- concerned, it i< deferable that a joint committee of the county and town councils should he appointed to settle the future representation of the new parishes. The town councils of county A\~ will Lave power to give name- to any rn-w parishes formed by the Act within such boroughs, although no order for any alteration of area has been made. ('Section 55 (2).) It i.- provided by sub-section (11) of section 79 thai the over- of any parish divided by the Act shall, until the first appointment of overseers next after the appointed day, continue in office a- if they we],- overseers of each pari of the parish, which by reason of such division becomes a separate parish. It is to 1m- observed that when parishes are divided, and new parishes are constituted by the Act, whether under sec- tion 1 ('■',). or - ction 36 (2), they are to he separate parish iii like manner as if they had been constituted eparate under the Divided Parishes and Poor Law Amendment Ad, 1^7*;, and the Acta amending tie- same. The formation of parishes under the Acts referred to ha- no effect an regards the constitution of 3chool districts, withoul tie- sanction of th< Education I), partment. Where the alteration of the boundary of an} pai the division thereof, or the union thereof, or of pari thereof with another pai rlienl for any of the purposes of the Aii. provi i"ii for juch all ration, division, or union, may made by an ordei of the i >untj council or of a joint committee of comity councils, under section 67 of th< A, t of i 888. (Section :'.•'• (8) and (11).) The provisions of 59 of th ! nmenl .Vt. I Y 826 Appendix. OiBOULAlti L 888, will apply to any order for the purposes of the presenl Art , , ., that may be made under section 57 of that Act, and section 89 of ism. tiif new Art provides thai 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 property, debts, and liabilities affected by the alteration, ami directions may be given for effecting any subsidiary arrange* incuts rendered necessary by the alteration. Sub-section (12) of section 38 requires that every report made by the Boundary Commissioners under the Local Government, Boundaries Act, 1887, shall he laid before the council of any borough atfected by that report, ami 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 qualification, mode of election, and retirement of guardians ; ami 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 parish on the board of guardians. (Section 24 (3).) Under sub-section (1) 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 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 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 I' ■ Law Amendment Act, 1868 (31 & 32 Vict, c 122). That Appendix. 327 section provides thai the Board may add any parish in a union, Circular, the population of which does not exceed 300, and the aggregate o 0t jrT .•, rateable value of which dues not exceed the average rateable l.s'.u. value of the parishes in the same union, to some adjoining 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 borough, to any other parish therein, for the purpose of the diction of guardians. The power conferred on the Board by the Poor Law Acts to divide parishes into wards for the election of guardians is con- tained in section 12 of the Divided Parishes and Poor Law Amendment Act, 1870 (39 & 40 Yict. c. 61), winch 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 he made as to the retirement of guardians tor any union or any parish under a separate board of guardians which is wholly comprised in the borough. The first of tin tions provides generally that the term of office of a guardian shall he three years, and that one- third, as nearly as may he, of every board of guardians shall go out of office on the 15th April in each year. Where, however, tie.- council on the application of a board of guardians consider that it would l>e expedient to pro\ ide lor the simultaneous retire- ment of tin- whole- board, they may, if the union or palish is wholly comprised in the borough, direcl that the members shall retire together on the loth 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 tli - may be made by a joint committi I' tie- councils of the county and county borough concerned. There are some cases in which at the ■ •nt time tie- whole of the guardians retire at the end of every third year in pursuance of an Order of the Board, and in any e, where ■< county borough i- concerned, the guardi to continue so to retire, unle the town council, or a joint c - mittee of the councils "i the county and county borough, on the application "I the board of guardians, or of any district council of tricl wholly or partially within the union, otherwise dii Section -i\ make- the p thi V t with r< >ped to the term of office and menl of guardians applicable to the • rid conncilloi - of a rural di trict. !un 60 | tint the council of each county a- defined by the ,v for the purpose of n retiri mi nt "f 328 Appendix. • ... ri, \i;. guardians or rural district councillors in cases where they retire by thirds, direct in which year or years of each triennial period 1894^' 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 mure 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 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 com- mittee under this provision is within six weeks after the making thereof objected to by any of the county or county borough councils concerned, or by any committee of any of those councils authorised in that behalf, the order will he inoperative until con- firmed 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 lie necessary, as the full number of guardians or district councillors will he elected at the first election, to provide for retirements in the years 1896 and 1897. There will lie no retire- ments 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 he 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 seale for the expenses of elections of guardians for the borough. If, at the beginning of one month before the first election, the council have not framed any such ile, 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 Pcah: framed by the council under this section as soon as it has Appendix. •'-'' been approved by the council. In any case where a union or Circular. parish under a separate board of guardians is partly but not ., ,~ '. .. wholly comprised in a county borough, it appears to the Board 1SU4. that it will be necessary that a joint committee of the county and county borough council rned should be appointed under tion 81 of the Local Government Act, L888, for the purpose of framing a scale of expenses for the election of guardians, and the Board would wish to be furnished with a copy of the scale framed by any such commit! [Jnder sections 18 and 80 the Town Council will have very extensive powers for the removal of any difficulties thai may arise in connexion with the election of guardians, and generally in bringing the Act into operation. Sub-section (•">) of section 48 provides that if any difficulty arises as respects the election of any individual 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 1 n properly constituted, the council may, by order, make any appoint nt, or do anything whirl to them necessary or expedient for the proper holding of any such first meeting or election and properly constituting the board of guar- dians, and may, if il 3 to them nei i try, direcl the holding of an election, and fix tl isary dates for the purpose. Any h order may modify the provisions of the Act, and the enact- ments supplied by, framed under it. so fai as maj appi to the council necessarj or expedient for carrying the order into effect. Where the union or parish undei arate board of guardiai : tly in a county borough and partlj in an adminis- trative county, and anj difficulty such as is mentioned in section joinl mitt< e should be appointed to deal with the :,.,. by the councils of the county and county borough under ion 81 of the A It p n ow neces ary to refer to the provision which will govern the ] :edure of the Town Council in regard to the issue of ord< for the purposes m< ationed above. Sub-section (10) of section 36 in effecl directs that, subject to the provision* of the A< t, anj order made l,\ the town count il of B county borough, or by a joint committee, in pursuance of ■ HP of tie 1 bound hall be deem* I to be an ordei under Bectiot 57 of the Local Government A.< t, .1 .-//.C. Circular. 1Sss - Every such order will consequently have to be made in accordance with the provisions of thai section, and of the regula- 1894' tionsissued by the Board thereunder, and with the exceptions mentioned in section 10 of bhe new Act will require confirmation by bhe Board in the manner prescribed bj section 57 of the Acl of L888. An important amendment of the sectionlasl mentioned is made by section 11 of the new Act, which provides thai the time for petitioning the Board againsl an order under the Beution shall be six weeks, instead of three months, after the firsl notice of the provisions of the order. The Acl also provides that any hoard of guardians affected by an order under Part 111. of the Act are to have the same right of petitioning againsl the order as is given by section 57 of the Act of 1888 to other authorities (section 36 (10)); and that where any of the areas referred to in section 57 of the Act of 1888 is situate in two or more counties, as defined by the Aot 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 to make orders under the section with respect to that area. (Section 36 (11).) In connexion with the orders of the town council under this Act, it may he pointed out that by section 12 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 there- under 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 he presumed to have been duly made, and to he within the powers of that section, and no objection to the legality thereof can he entertained. A copy of every order made by the council of a county borough 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 he -cut also to the I'.oanl of Agriculture, (Section 71.) Sub-section (2) of section 80 requires that the Hoard shall issue regulations for expediting and simplifying the procedure under section 57 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 is led an order for this purpose, which, as gards the cases referred to, will take the place of any regula- tions previously made by them as to the procedure under section 57 of the Act of 1888, which are in force in any county borough Appendix. 331 except where notice of a local inquiry has been given before the CmcuL.ut. date of the order. , . ~ ., T ■<•<•<■ 1 IT 1 ■ 1 T'TTX 1 oUtn April, It will be observed that under Article \ 111. the expression \^i. . as used in the order, will include a committee of the town council of any county Ji to whom the council have delegated their powers under the Act of 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 administra- tive county or counties, for the purpose of dealing with any case or case- in which -uch councils are jointly interested. The Board i ix copies of the order, and they have caused it to Vie placed on sale. It', 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 lie purchased in the same way. Section 44 contains provisions as to the register of the parochial electors which is to be formed as as ell for urban as 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 Town Council should be directed to the proviso to sub-section (3) of section 84, under which, if the council or a joint committee have under consideration any divi- D into wards or alteration of the boundaries of any parish, or union, which is to affect the first election, they may direct that the li.-ts of voters -hall l>e framed in parts corresponding with Mich division or alteration so that the parts may serve either the unaltered parish or union, or for the same when divided or altered. In making any Buch division or alteration at any time in the month of July or A.ugus1 next, the council or a joint committee may du h adjustmenl of tin- . of parochial elect a- the division or alteration may render necessary for enabling hial elector to vote at the fi ion in the ward or union in which his qualification La situate, and it will be the duly of the town clerk i effeel t" any such direction. (S i.) Some Lnquiri have been addressed to the Board with re peel i., tin- powers of joint committees appointed in pursuance -l the ■ 1 the Board m te thai they are ad\ ised that the ],, m 81 of the Local < lovernmenl .v •. M apply to joint committees formed for any "i the purposes men- tioned in •|i,,ii (II) of . ■ tion 36 of ll !., joinl committees formed I'm' the purpi ;\:vi Appendix. 30th April. 1894. C'iiutIjAK. section 60 of that Act The Board consider, therefore, that subject to an appeal to them in cases coming under section 36 (11) it' tin' councils do nol agree, the powers of the joint committee could be restricted by the councils appointing them by the terms of delegation, and, if those councils thought lit. those terms might be such as to make the proceedings of the committee subject to confirmation by the councils. The Board ma\ add, however, that in their opinion it is very desirable that, as a general rule, the terms of delegation should be such as not to render any confirmation necessary. The same remarks apply to cases where, for any purpose connected with the Act of 1894 in respect of which two or more county councils (as defined by that Act) are jointly interested, a joint committee of those councils is appointed, although the Act contains no express provision for such an appointment. I am, Sir, Your obedient Servant, Hugh Owen, The Town Clerk. Secretary. OlSDEK. 22nd .March, 1894. Jifijuliiliunn as to Inquiries and Notices during 189 I. To the County Councils for the several Administrative Counties in England and Wales ; — And to all others whom it may concern. Whereas by sub-sections (1), (2), and (3) of section 57 of the Local Government Act, 1888, it is enacted as follows : — "(1.) Whenever a county council is satisfied that a prvmA 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, — (a.) The alteration or definition of the boundary thereof; (b.) 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 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 ; Appendix. 333 (d.) The division of an urban district into wards ; and Ordke. ('..) The alteration of the number of wards, or of [lie 22ndliarch boundaries of any ward, or of the number of members L894. 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 Hoard, Education Department, or other Government Department as may be prescribed, and such other inquiry and notices (if any) as they think lit, and if satisfied that such pn esirable, may make an order for the same accordingly. "(2.) Notice of the provisions of the older shall be given, and copies thereof shall be supplied in the prescribed manner, and otherwise as the county council think lit, and if it relates to the division of a district into wards, or the alteration of the number of ward- or of the boundaries of a ward, or of the number of the members "i a distrid council, or of the apportionment of the members among the wards, shall come into operation upon being finally approved by the county council. "(3.) In any other ease tie- order shall l>e submitted to the Local < rovernmenl Hoard ; and if within three months after Buch notice of the provisions of tb a- the Local Government Board determine to be the first notice, the council of any district by the order, or any number of countj electors registered in that distrid or in any ward of that district, nol being less than one-sixth of the tot J dumber of electors in that district or ward, or if the order relates only to a parish, any number of county ele< ' istered in that parish, not being less than one-sixth of the total number of electors in that parish, petition the Local ernmenl Board to disallow th ler, the Local Government Board shall cause to he made a local inquiry, and determine whether tie- order i- to be confirmed or not.'' And wherea bj ction (4) of section 87 of the said Act it ted that " Where any matter i autbori ed oi required bj this A. t t.. be bed, and no other provision i made, declaring bow the to be prescribed, the same shall be prescribed from time to time by the Local ' lovei nmenl Board." And wherea we, the Local Government Board, bj an Order dated the 1 Ith day of September, 1889, pr< •• ribed certain regula- tions with n ped to the inquiries to be made and the notio to be given for the purp • tion 67 ol the Lo< ol rerumenl Act, 1888, the mam ind o'ol Aj>j>cmlix. Okiu.k. the several other matters to be prescribed and determined for the purposes of the said section ; jogj A 11. 1 whereas bj Pari [II. of the Local Government Act, 1894, power is given to county councils to make various Orders in relation to areas and boundaries and oilier matters as therein mentioned ; And whereas hy sub-sections (10) and (11) of section 36 of Un- said Act, which is included in Tart III. thereof, it is enacted that — "(10.) 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 hoard 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 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 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 ore 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 hy 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, 1888, 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 pro- posed order has been given before it is made by the county council." Appendix. 335 And whereas by section 75 of the said Art it Ls enacted that, in Oedeb. that Act, unless the context otherwise requires, the expression .77 , "prescribed" means prescribed by Order of the Local Govern- i§9±. ment Board ; And whereas by section 83 of the said Act it is enacted that a county council may delegate their powers under the Act to a committee : Now, therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, by this our Older make the regulations following for expediting and simplifying the pro- cedure 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 said Local I \o\ ernment Act, 189 1, into immediate operation, and do prescribe and determine as follows ; that Ls to say, — Article I. — This Order shall, unless we shall otherwise direct, regulate the procedure under section 57 of the Local < loverninent Act, 1888, in all cases in the year one thousand eight hundred and ninety-four, for the purpose of bringing the Local Govern- ment Act, 1894, into immediate operation, except cases in which notice of a local inquiry ha- been given before the date of this Order; and the said Order dated the fourteenth day of tember, one thousand eight hundred and eighty-nine, shall apply in any case to which this Order appli Article II. — d.) A local inquiry, at which al] person d may attend and be heard, shall, prior to anj Order being made by a county council under section 57 of the Local Govern- ment Act, L888, be held in regard t" tin- proposal, either by a committee of the county council, or by some p- rson appointed by the county council t<> hold uch inquiry, a- the council may din (-1.) The said inquiry diall, unless the county council othei \ determine, be held ■>! 3orae convenient place in the count) dial county i d to be dealt with, or in the county diatricl within which La situate the parish, OT | ! tu 1"- dealt with, o in the neighbourhoi in the opinion of the commits i pei whom the Lnquirj i to be held, be i I i \< ni< nl For the pur] • ten daj before the da} wh< n the Lncj i be held, publii of the purport ol the pi rod ol the d time, and pl.ee fixed for the inquirj in by the ■ ountj i ouncil b) ad tni ul Ln ome Local uew dating in the Locality to which the pro] o36 Ippendise. Order. Ani. I,' 111.- At least ten days before the day when any such , — , local inquiry is to be held, a printed notice of the purport of the L'inl March, , ' , .. . , . , , ,, ,..,,,, i s;i | proposal, and oi the day, time, and place tor the inquiry shall also be published in the manner hereinafter prescribed, and shall be sent to the several Government Departments and local or other authorities hereinafter specified ; that is to say, (1.) A copy of the said notice shall he posted as a bill or placard in such places in the county district or districts or parish or parishes interested in the proposal as are ordinarily made use of for posting public or parochial notices. (2.) In any case where the proposal relates to the alteration of or other dealing with any sanitary district, a copy of the notice shall be sent by the county council to the sanitary authority of such district. (3.) In any ease where the proposal relates to the alteration of or other dealing with any parish a copy of the notice shall be sent by the county council to the overseers of the poor of such parish; to the guardians of the poor of the union in which such parish is comprised; to the school board (if any) for such 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 autho- rity (if any) in whose district such parish or any part thereof is comprised. (4.) A copy of the notice shall lie 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 the alteration of any area of local government a copy of the notice shall be sent by the county council to the Hoard of Agriculture, 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 Ivlncation Department. Article IV.— (1.) If the case is one in which any order made by a county council under section 57 of the Local Government Act, 1888, requires confirmation by the Local Government Board) Appendix. 337 public notice of the provisions of any such order made by a Okder. county council shall be given by the county council by advertise- ,,., . , , * m *" — lMt*'l»llVil, ment in some local newspaper circulating in each district or parish ]yi|. affected by tin- order; and such advertisement shall be published within ten days after the making of the order. (2.) If tli.- case is one in which any order made by a county council under section ~u of the Local Government A ■•: . L 888, does not require confirmation by the Local Government Board, public notice of the proposed ordei shall, after the inquiry required by Article II. hereof has been held, ami no1 less than twenty-one davs before the meeting of the county council at which the order is proposed to be made, be given by the clerk to the county council by advertisement in some local newspaper circulating in each district affected by the order. (3.) Anv advertisement issued in pursuance of this Article shall contain either a copy of the order, or proposed order, as the i ase may be, or a statement of the effeel of the order, or proposed order, and shall also contain a statement of the time and place or places during and at which copies of the order, or proposed order, may be inspected by anj owner or ratepayer in any area affected by the order, or proposed order, during a period of fourteen days from the date- of the publication of Buch advertisement, and the order, or propose 1 order, shall be open for such inspection during such period. (4.) There -hall be appended to any proposed order or si iii,i 1 1 .it' a proposed order advertised or deposited for inspection in pursuance of this Article, a notice t i the effeel that any person interested in the pi order who objects thereto may attend and be heard at a meeting of the county council to be held on a day and at a time which shall be mentioned in the notice if, not than three days before the date of the meeting, he sends to the clerk of the council a statement in writing of the nature of hie objection, Article V. — (1.) A copy of anv order mad propo ed to be made by a c ity council as aforesaid Bhall, at any time while copies of the order, or proposed order, are open to in aforesaid, and in thi »f i rder \\ hi< h require to be • on- firmed bv the Local Qovernmenl Board, at an) time before the IVi. in the publication ol the advertisi ment m pnrsuam ol A ticl< I V. (I; h sreof, be upplied b) the i Lerk to the county council to anv owner or ratepayer in any area affecti I by the order, or proposed order, upon payment bj uch own i or , of a lum qoI ling thr< h hundn d 838 Appendix. Oedbe. words of manuscript if the copy of the order, or proposed older, — be in writing, or upon payment of a sum nol exceeding threepence ' ls ',ij ' Pm a printed copy of the order, or proposed order. (2.) A copy of a proposed order supplied in pursuance of this Article shall contain a notice to the effecl specified in Article IV. (4) hereof. Article VI. — On or before the dale of the publication in pur- suance of Article [V. (1) hereof of the advertisement of the provisions of any order made as aforesaid and requiring confirma- tion by the Local Qovernmenl Board, 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 1 1 1. hereof, 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 VII.— The advertisement in pursuance of Article IV. (1) hereof of the provisions of any order made by a county council under section 57 of the Local Government Act, 1888, and requiring confirmation by the Local Government Board, 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 Government Act, 1894. Article VIII. — (1.) If the case is one in which any order made under section 57 of the Local Government Act, 1888, does not require confirmation by the Local Government Board, a copy of the proposed older shall, on or before the date of the publication in pursuance of Article IV. (2) hereof of the advertisement of the provisions of the proposed order, be sent to each of the local or other authorities to whom a copy of the notice of the inquiry relative to the proposed order was, by Article III. hereof, required to l>e 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. (2.) Am" such copy shall contain a notice to the effect sj)ecificd in Article IV (4) hereof. (3.) The final approval of the county council of any such order may be dispensed with, if the requirements of Article IV. hereof and of this Article have been complied with. Appendix. 339 (4.) When any such order has been made by a county council Oedeb. three copies thereof shall forthwith be forwarded to the Local .,., .— Government Board and to each of the other < ro at Depart- ' 1894." ments to whom a copy of the notice of the inquiry was required by Article III. hereof to be sent, and a copy of the order shall also be at the same time sent to each of the local or other autho- rities to whom a copy of such notice was so required to be sent Article IX. — The expression "county council" in this order shall include a committee to whom the county council have delegated their powers under the Loral Government Act, L894, and also a joint committee appointed by any county councils of administrative counties for the purpose of dealing with any case or cases in which such councils are jointly interested, and, in any such last-mentioned case, references in this order to the county shall be deemed to refer to either of the counties interested, and references to the clerk to the county council to any person acting as clerk to the joinl committee or appointed by such committee to discharge the duties of the clerk to a county council under this order. Given under the Seal of Otfice of the Local Government Board, this Twenty-second day of March, in the year One thousand eight hundred and ninety-lour. (l.s.) G. Sua\v-Li:ii:\ i:i:, President. Hi' a Owen, retwry. 340 Append I.V Obdbb. COUNTY BOROUGHS. 27th April, Reaulations 08 to Imniirit's ami Xolin-s tlnrimi IS!) I. 1894. To the Town Councils of the several County Boroughs in England and Wales : — To the County Councils for the several Administrative ( bunties in England and Wales. Ami tn all others whom it may concern. WhebeaS by sub-sections (1), (2), and (3) of section 57 of the Local Government Act, 1888, it is enacted as follows : — " (1.) Whenever a county council is satisfied that a prima facie. case is made out as respects any county district not, a borough, or as respects any parish, for a proposal for all or any of the following things ; that is to say, — (a.) 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 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 ; ('/.) The division of an urban district into wards ; and («.) 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, l-'.'l. Appendix. 341 and otherwise as the county council think fit, and*ii it Ordetc. relates to the division of a district into wards, or the 97 ,,~7" ., alteration of the number of wards or <>[' the boundaries ' moi 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. " (3.) In any other case the order shall be submitted to the Local Government Board ; and if within three month- 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 numher 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 numher of county electors registered in that parish, not being less than one-sixth of the total numher of electors in that parish, petition the Local Government Board to disallow the order, the Local Government Board shall cause to he made a local inquiry, and determine whether the order is to be confirmed or not." And whereas in pursuance of section 34 of the said Act, the mayor, aldermen, and burg of each county borough, acting by the council, have and are subject to such of the powers, duties, and liabilities of a county council under the said section 57 of the Act, relate to parish) And whereas bj Bub-section (4) of Bection 87 of the said Act it is enacted that — " Where any matter is authori ed o] required by this Acl tobe cribed, and no othei provision is made, declaring how the same is to he prescribed, the same .-hall he pre cribed from time t" time by tie- Local Government Board." And whereo in regard in the mattei required bj the Bection ■>! \<< be pre cribed no provision othei than thai contained in the -aid section s 7 i- made, declaring bow ui li mattei - an- to be pre cribed ; And wh< i' a by Pari 1 1 1, of tie I I oment 1894, powei i iven to county council to make variou orders in relation to ad boundaries and othei matters a therein mentioned ; Z 342 Appendix. Obdbb And whereas by sub-sections (lo) and (11) of section 3(*> of ,- , "T -i tin' said Act, which is included in Pari III. thereof, it is enacted _ltl! Apl'il, 18'JI. that— "(10.) Subject to the provisions of this Act, any order made by a county council in pursuance of this Part of this Act shall he deemed to he 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.) Where 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 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 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 relerred 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 iifty-seven of the Local Government Act, 1888, 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 onh-r has been given before it is made by the county council." Appendix. 34.3 And whereas by section 75 of the said Act it is enacted that, Ohdek. in that Act, unless the context otherwise requires, the expression — ., ' , . , , ' . l 27th April, "county includes a county borough, and the expression jgg^ " 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 83 of the said Act it is enacted that a county council may delegate their powers under the Act to a committee. Now therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, by this our Order, make the regulations following as regards any county borough and the council of any county borough, for expediting and simplifying the procedure under section 57 of the Local Governmenl Act, 1888, in all cases in the year one thousand eight hundred and ninety-four, for the purpose of bringing the said Local Govern- ment 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 "1' the Local Government Act, 1888, in all cases in the year one thou and eighl 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 j and any Order previously issued bj ulating the procedure under the ction, and in force in any county borough, shall not apply in anj o which this < frder appli Article II.— (1.) A local inquiry, at whi< h all pei son inten may attend and be heard, shall, prior to any ordei ' eing made by the council of a county borough under Bection 57 of the Local Governmenl Act, L888, be held in regard to the propo aL either by a committee of the council, oi by some pei on appointed by the council to hold 3uch inquiry, ae the council may direct (2.) The Baid inquiry hall, unless the council otherwi e d< mine, be held al ome convenienl place in the pari b, or in one of the parishes propo ed to be deall with, or -it uch othei pi in the borough oi neighbourhood • in the opinion ol the e 1 1 1 i 1 1 • e -I pi i "ii by whom the inquirj i to h 1" Id, be m convenienl for the purp z 2 344 Appendix. Order. (3.) Ai least ten days before the day when the inquiry is to be — . held, public notice of ihr purport of the proposal, and of the day, 1894 time, and place Bxeel for the inquiry in regard to it, shall lie 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 he held, a printed notice of the purport of the proposal, and of the day, time, and place for the inquiry shall also he published in the manner hereinafter prescribed, and shall be sent to the several Government Departments and local or other authorities hereinafter specified ; that is to say, — (1.) A copy of the said notice shall be posted as a bill or placard in such 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 such parish is com- prised ; 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 hoard, 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 Commissioners, the Director General of the Ordnance Survey at Southampton, the Registrar General, and the Education Department. Article IV. — (1.) Public notice of the provisions of any order made by a council under section 57 of the Local Government Act, 1888, shall be given by the council hy advertisement in some local newspaper circulating in each parish affected by the Order ; and such advertisement shall he published within ten days after the making of the order. Appendix, 345 (2.) The said advertisement shall contain either a copy of the Order 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 "''1 v), 1 '" 1, 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 adver- tisement, 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 time before the expiration of six weeks from the publication of the advertisement in pursuance of Article IV. (1.) hereof, be supplied by the clerk iff' 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 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 pur- suance of Article IV. (1.) hereof of the advertisement of the pro- visions 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 tin- notice of the inquiry relative to the proposed order was, by Article III. (4.) hereof, required to be sent ; a copy of the order shall also be sent to each of the local or other authorities to wh im 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 VII. — The advertisement in pursuance of Article 1 Y. (l.) hereof of the provisions of any older made by a council under ; .,n 57 of the Local < tovernment A ill he deemi d to be the " first notice " for the purposes of bion (3) of that section as amended by section 40 of the Local Government Act, 1894. Article VIII. — The expression "council " in this order shall mean the town council of any county borough, and shall include mimittee to whom the council have d I their powei under the Lo< J Governmenl a,ct, L894, and al o a joint com- mittee appointed by any Buch council , oi by anj uch council oi council and the county council oi iny admini trative county or countie , for the purpo e ot dealing with anj i i e oi 1 89 1 . 3-iO Appendix. Okdkk cases in which such councils are jointly interested, and, where any such joint committee is appointed, references in this order •j.th Apui. j. Q ( | R , ( . ouutv 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 disc harm", 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, President. (L.S.) Hugh Owen, Secretary. Appendix. 347 Letter. BURIAL BOARDS. The following statement as to the effect of the Local ( lovernmenl Act, 1894, as regards Burial Boards, was sent by the President of the Local Government Board to Mr. J. Carvell Williams, M.P., and appeared in the Times of the 22nd April, 1894: — "Statement as to effect of the Local Government Act, 1894, as regards Burial Board-. "If, after the election of parish councils, the Burial Acts, 1852 to 1885, are adopted for the whole or part of any parish which has a parish council, no burial hoard will he elected, but the. parish council will be the authority for the execution of the Acts. Consequently, after the Local Government Act, 1894, comes into operation, a burial board cannot be newly established in any rural parish having a parish council. "In cases in which the area of jurisdiction of an existing burial board is co-extensive with a rural parish, all the powers, duties, and liabilities of the burial board will he transferred t" the parish council on the latter coming into oilice. The burial board will to exist, and their place will he' taken by t parish council, without any adoption of the Burial Acts by the parish meeting. "Where the area under a burial board is part only of a rural parish, the burial board, or the parish meeting For thai part, may transfer the powers, duties, and liabilities of the burial board to the parish council, subject t" any conditions as to the cution thereof by a committee as the burial board or parish meeting may impose. " Where the an a i in two or more rural i the pow< i of the burial board will be transferred bj the Ad of L894to the ], pective pari b council for uch pari he ; and where the area i partly in a rural parish and partly in an urban district, thi powers will be tian ferred to tin- parish council and the di tricl QC i] of the urb ntil other provi ion i made, the powei o trail ferred in to 1 1 »in1 committee. Where there i do pari h council, the pari h meetin tituted in the < a i la I mi ntioned. "Subjeci to this, a parish meetin n ' pari fa which ha no pari h council will have none of the powei ol a burial board under tin Buri I Acts, ! ' ] co nty council, on the application of the pari fa mi »nf< r on them the powi 3-18 Appendix. Lettek. conferred by the Art of 1894 on a parish council in this matter ; bnt burial boards may still Ik- newly established for the same areas as heretofore in rural parishes having no parish council, if there is no existing burial board for such area, and if the Burial Acts are adopted by the parish meeting for it. Any such burial board will have the usual power to provide a cemetery. "Existing burial boards in rural parishes, except where they are superseded as above stated, will continue to exist without any adoption of the Burial Acts by the parish meeting. " Where a burial board district is wholly in an urban district the council of the district may resolve that the powers, duties, and liabilities of the burial board shall be transferred to the council from a specified date, and such transfer will take effect from that date and the burial board will cease to exist. Subject. to this, the burial board for such a district will not be affected by the Act. " The powers possessed by rural sanitary authorities of pro- viding cemeteries under the Public Health (Interments) Act, 1879, will be transferred to rural district councils. " Local Government Board, April, 1894." 1 1ST D E X. ABSENCE, of chairman of district council or board of guardians, vice-chair- man to act in case of, 235 ; of chairman of parish council, x . chairman may acl in ca 281 ; of chairman of parish meet- ing, appointment of person to preside in case of, 278. from meetings, vacation of office by parish or district councillor, trdian, member of metropolitan vestry, or of Woolwich Local Board, by, 200, 201 ; office to be declared vacant, 200. ACCEPTANCE OF OFFK by district councillors, 207; bj guardians, 207; by members of metropolitan vestry, and of Woolwicl rd, 207; by parish councillors, L3 », 279. ACCESS, of incumbent, churchwardens, and parish council to parish books and documents, 1 1 1. ACCOUNTS, of charities, powers of < fharity ( lommissioners to require, 102 n. of county council in ing powers of defaulting district council to 1 separate, 241. inspection of accounts of parish council, parish meeting, and rural district council, ~'M. of parish and district councils, of parish meetings of small parishes, and of committees and officers, to what date to be made up, 230 ; form of, 230 ; audit of, 230 233. of parochial charities, to be annually submitted 1" parish meeting, 102 : to be entered in minute book of parish meeting, L03 n. publication of abstract of, modification of enactment of n ienditure, before appointed day, saving for audit of, 2 of rural district administered by council of adjoining district, to be k'-j4 separate, L32. ACQUISITION OF LAND BY PARISH COl NCIL, incorporation of Lands < I • i • A pt c 56 ; of i< i lion 178 of Public Health A otherwise than bj agreement. " Compulsory Acquisiti powers tor, tor cm ! buildii reation d publi 19. ACTIONS, or pending, 273. ADJUSTMENT OF PROPER1 . , E of area altered on tion of bor< 350 Index. ADJUSTMENT OV PROPERTY continued. on constitution, extension, 01 diminution of urban district, 223, 22 1. on dissolution of group of parishes, I 75. ol Lmprovemenl commission having harbour powers, l'43. for purposes of Act may be made by agreement, 244 ; what agree- menl may provide for, 24;"); in default of agreement to be made by arbitration, 246 ; application of capital sums received under, 247 : payments under, oul ofwhal fund to be made, 246 ; borrowing for purposes of making payments under, 246. on separation of one parish from group, 17 epl with consent of landlord, 79 iction "ii price or rent to be paid for land ! perl unsuitable laud I I amittee of county council I 67 n. repi n< d, 39, 71 ; parliai 39 n. and In 7 a. warden ouncil i ANNUAL MKl of ] , 15 ; i h m man to 10 : 852 Index. ANNUAL MEETING— continued. man at, L7 n j order of business at, 279; overseers to be appointed at, 279. of parish meeting, date for, 275 ; election of parish councillors to be at, 7 n ; of parish meeting of parish having no council, election of chairman at, I L5. A IT HALS, Appeal ('dint against decisions of High Court determining ques- tions as to transfer of powers, vesting of property and charities, &c, 250. in ic.-] nit of county rate, county rale basis or poor rate, transfer to parish councils of powers of overseers as to, 33, 34 n. againsl decision by Charily Commissioners of questions as to charities, 250. to Local Government Board againsi refusal of county council to make order for compulsory acquisition of land, 59, 60. linsl valuation lists, transfer to parish council of powers of over- s as to, 33, 34 n. APPLICATION, to Board of Agriculture in relation to commons, notice of, to be given to parish council, 55 ; to district council, 138. of capital moneys received under adjustments, 247. for conferment on urban district council or other representative body of certain powers as to overseers and parish councils, by whom to be made, 153, 155. of county council for conferment of urban powers on rural district council, 137. of district council for annual retirement by thirds of guardians who now retire simultaneously, 125. for division of rural parish into wards, by whom to be made, 113 ; before appointed day, 270. of guardians for the simultaneous retirement of whole hoard, 124; for annual retirement of thirds where guardians now retire together at end of third year, 125. of grouped parishes for dissolution of group, 175. of parish council, for election of allotment wardens, 39 ; for the regulation or inclosure of commons, 49 ; for conferment of urban powers on rural district council, 137. of parish meeting, for establishment of parish council in small parishes, 3 n, 175; for establishment or dissolution of parish council on increase or decrease in population, 175, 176 ; for grouping order, 17 1 ; for dissolution of group, 175 ; for forma- tion or dissolution of school board, 215, 216. APPOINTED DAY, for alterations of areas and boundaries to affect first elections, 269, 270. for coming into office of persons first elected, 269. for first election under Act, 269. for purposes of elections and of parish meetings in parishes not having parish council, 271 ; of powers, &c, of bodies elected under Act, and other matters ool specifically mentioned, 271 ; of powers, &c, transferred to town councils, 271. where county council postpone transfer of highway powers, 271. Appointment, of arbitrator to settle question tion For compul acquisition oi land, 65 n ; I compulsory hiring of land, 65 n, 74. 80, 82. of assistant overseers, by justices on nomination of \ by parish council, 26; by parish meeting of small parisl 117; bj councils oi it other urban districts, or by representative body in borough <>r disl paiish council, parish meeting, or urban district council, 26, 1 17, 153. of beneficial by parish council or appointees, in lieu of vestry, 100. of clerk of ] uncil, 108, 109. of committees, by dista 26; by paris il, 226 ; by parish meeting of small parish, 116 ; of joint committees of parish and district councils, 228. of members of parish council as members of committee under Small Holdings Act, 1892, 40; as members of parochial com- mittees, 105. of overseers, by justices, 26 n ; by parish coum ..>: byparish meetings of small parishes, 117; notice of appointments to be giv irdians, 26, 117; by councils of boroughs and other urban districts, or by representative body in borough or dis- trict, 153, L54 ; to replace churchwardens, 28 ; by guardians on failure of authority authorised to appoint to notify appoint- ments, 212. of parochial commi rural district council, 105. of temporary districl council, in rase of inability of council to of treasurer of parish council, 110. of trustees of parochial charities, in lieu of i - by 97 : by pari: h i in small parishes, L17 ; additional 1 1 ouncil, '.' s ; of trusti es, by parish council in lieu of vestry, LOO; bj i nmcil nol to apply to recent foundations, 104; by council of 1 • ■ i • ■ 1 1 l_' 1 1 or otherurban districl divided by Act, m; v ; in I parishes, 1 7 l. of \ . nol to i by pai . L10. of \ ice-i h ih man of disl i 235 ; of ] arish i ouncil, 2£ I. APPORTIONMEN of renl between land ly hired remainder of tenant's holdi 7 n. APPROVAL, of com* mittei - appoint d 1 Commi with divided '. "•' ARBITRATOR, ppointment, reinum I 354 tndex. ARBITRATOR -continued. for settlement of questions as to compulsory hiring o! Land for allot- ments, appointmenl of, 71, 65 n\ questions which may be determined by, 71 76 ; matters to be taken into consideration by, 77; no increase of renl payable by parish council on account of compulsion to be made 6j , 76 ; award of, deposil and inspec- tion of, 78 ; iv | u irt by, as to condition of land taken, deposil and inspection of, 78 ; for adjusting rights of parish council and landlord on determination of tenancy of parish council, 80 ; to determine compensation payable by landlord on resumption of possession of land to work minerals, 82. AREAS AND BOUNDARIES, 158— 177, alteration of boundary or union or division of parish may be made, and confirmed under section 57 of Actof 1888, 17<>; alterations which will affed first elections, making of, 269, 270; alteration cif areas in more than one county or of anas affecting boundary of union in more than one county, making of by joint com- mittee, 171,172; alteration of poor law union, 169; alterations of areas made by Act, power of county council to provide for adjustments ami other matters mentioned in section 59 of Act of 1888, 247 ; copy of every order altering, to be sent to Local Government Board and Board of Agriculture, 250. circular of Local Government Board to county council as to, 300 ; to county borough councils as to, 323. county council to consider every case — of parish and rural sanitary district in more than one county, 158 ; of parish in more than one sanitary district, 164 ; of rural parish with less than 200 population, 165 ; of rural sanitary district with less than live elected members, 166 ; of rural parish co-extensive with rural sanitary district, 166. duties and powers of count}- council with respect to,- 158 — 173. order of Local Government Board regulating procedure under section 57 of 1888 Act for purpose of bringing Act of 1894 into immediate operation, 263 ; text of order as to county councils, 159 n — 163 », 332 — 339 ; text of order as to county borough councils, 340—346. provisions of section 57 of Local Government Act, 1888, as to, 158 n, 159 n. order of county council dealing with, in 1894 — local inquiry prior to, by whom, when, and where to lie held, 160 n ; notice of inquiry, how and to whom to be given, 160 n, 161 u ; notice and advertisement of order, 161 n; inspection and sale of copy of order, 162 n ; orders of county councils to provide for — every parish and rural district being in same county, 166, 167; every parish hieing in same county district, 167; the union with adjoining district of every rural district having less than five elected members of rural authority, 167 ; order to be deemed made under section 57 of Local Government Act, 1888, 171. period within which county council may make orders under section 36, 173; transfer to Local Government Board of powers of county council at expiration of period, 173. ASSEMBLY OF PARISH MEETING, annual assembly, date for, 275; election of parish councillors at, 7 n. how often, 7 ; hour of, 7. Indi 355 ASSEMBLY OF PARISH MEETING- d. notice of, to be given, 27;") ; how to be given, 213. of parish having no council, chairman of parish meeting to In- elected at annual assembly, 115; how often, 116; time and place of, to : i by chairman, 191. time and place of, to be fixed bj parish council, 191. ASSISTANT OVERSEERS, appointment of, by justices on nomination of vestry, 26 ; by parish councils, 26 ; by parish meeting of small parishes, 117; by council of borough or other urban district or by representa- tive body in borough or district, 153, 154; revocation of appointment of, 26, 117, 153. appoints clerk to parish council, 109, 204. to become officer of parish council, 264. remuneration of, 109 : of existing, 264. repeal oi nent enabling guardians to appoint, 265. security to be given by, -', tenure oi offi :e of, I 264. AUDIT, of accounts of parish and district council and of parish meetin small ] . and of their committees and offi 233 : application to, of provisions appli ■ accounts of urban sanitary authorities, 231 ; saving for audit of accounts bi appointed day, 272. provisions of Public Health A< a to, 231 publication of notice of, and of auditor's reporl on, Local Govern- ment Board may modify enactment AUDITORS for parishes under Metn nent Acts. S •• Metropolitan Auditor." AWARD, of arbil ompulsory hiring of land, deposit and inspection of, i BALLOT, box< . if, for purposef of elei tion under A< t, 210 ; poll c< nt on parish m taken by, '.» ; poll at elections undei Ad to ' BALLOT A< T, 1872, application of, to polls at eh ctiona undei i BANK HOLIDAY, h\ . BANKRUPT foi BAPTISMAL REGIS! El in rural 111. BATHS AND WASHHI ,ption of, in rural pari b, H rnment 3o(3 hidex BATHS A.ND WASHH01 SES A.CTS continued. alteration of area in which in force, 2?2. amounl to be raised for purposes of, to be sanctioned by parish meeting, 16. incidence ol rates under, not to be affected, 47. parish council to be authority for executing, 48. loans of parish councils for purposes of, 88, 90. property, debts, and liabilities <>1' superseded authority under, 221. Bummary of provisions of, 43 n. transfer' to parish council of powers of existing commissioners under, 47 ; of powers of existing authority under, when in force in part of parish, 219; transfer to parish councils or parish and urban district councils of powers of existing authorities under, when area situate in different parishes, 220. BENEFICIAEIES, of charities, appointment of, by parish council in lieu ol vestry, 100 ; appointment of, in parts of parish divided by Act, 168 ; appointment of, in grouped parishes, 174; of dole charities, names of, to !>e published annually, 102. questions as to, determination of, 249, 250. trustees of paroehiaTcharities not to be, 104. BOARD OF AGRICULTURE, application to, for enclosure or regulation of commons, parish council may make, 49 ; notice of applications to, in relation to c limns, to be served on parish council, 55; on district council, 138. copies of every order altering area or name to be sent to, 251. BOARD OF GUARDIANS, See " Guardians." BOARD ROOM, of guardians, use of, by rural district council, 235. BOATING, .hi waters in recreation grounds, village greens, &c, powers of parish council as to, 49 — 51. BOOKS, See also " Documents." access to, of incumbent, churchwardens, and parish council, 111 ; custody of, 111 ; when relating to affairs of church or ecclesiastical charity in rural parish, 111 ; differences as to custody of, or access to, to be determined by county council, 111. inspection of, 234. preservation of, duties of county council as to, 112. provision of, by parish council, 34. BOROUGH, alteration of boundary of, 169 ; creation, extension, or diminution of, provision to be made as to effect on parishes and parish councils on, ■1-1?>, 224. Ill' BOROUGH— continued. committees of council of, provisions of A ; no! to apply joint committee of council of, and of any oth being a borough council, accounts of to be aud auditor, 231 >. council of, included in term districl council, 120 ; conferment upon, or other representative body, of appointment of ov assistant ovi . or any powers, &c, of i parish council, 153 — 155 ; on whose application order for conferment may be made, 153, 155 ; confermenl upon, of powers of vestry under Poor Rate Assessment an 156. councillor of, person qualified to be, qualii rdian of ish in borough, 121. report of Boundary Commissionei ' i lered by council of, 172. savin- fur style or title of corporation or council of, 1 2 trustees of parochial charity, election of, when council of bor invested with powers of parish council as to appointmenl of trustees, 154. BOUNDARY COMMISSIONERS' REPORT, to be considered by county and boi mcils, 1 i 2. BORROWING, " Lean-" and "Loan of Parish ( !oum ' BUILDING acquisition or p n of, byparish council foroffices, &c, 18, 19 ; ' for purposes of, 49 j council may borrow for provision of, 87. erection of, on allotments, 79, 79 n. sali . . or letting of, by parish c< uncil, 38, 54. when to b I held a 1 charitj , 2! BURIAL ACTS, adoption of, in rural parish, 41— I s ; in pari of rural parish, by bare majority of votes, 15 : whal t" be deemed adoption of, • of urban district, approval of council r< cj alteration of area in which, in fori exp providing bui ipproval of parish ra incidei »i to be IT. loai pai i cil to be authoi ity I BURIAL BOARDS, property, di I liabilit trai nrlun te in 'liii BURIALS, , of, in 11. BYE-LA^ pari h co m 1 m 51. 358 tndi Bl E LAWS .continued. provisions of Public Health Act, 1875, as to, ">| n, savin- for existing, 27;'>. I A.NDIDATES, for districl or parish council, use of schoolroom, &c, for meetings of, 18 25 ; expenses or damage in connection with such use to be reimbursed by, 2 1 ; for parish council, attendance of, at parish meetings, 278 ; opportunity to be given for putting questions to, 278. CAPITAL MONEYS, received under adjustments, application of, 247. CAST INC VOTE, of chairman of metropolitan vestry or board of works, or of Wool- wich Local Board, doubt as to, 1 ~>;j n • of chairman of parish council, 280; of chairman of parish meeting, 278. CASUAL, vacancies. See " Vacancies." CHAIRMAN, of hoard of guardians — circular of Local Government Board as to term of office of present, 260 n, 261, 319; disqualification for office of, 192 ; election of, from outside, 125, 234 : qualifi- cation of, 125. of district board of works, casting vote of, doubt as to, 153 n ; to be a county justice, 152 ; disqualification for office of, 192, 201- ; election and term of office of, 152. of districl council to be a county justice, 12*7; disqualification for office of, 192 ; election of, from outside council, 234. of metropolitan vestries abolition of (.'■officio, 151 ; casting- vote of, doubt as to, 153 n ; to be a county justice, 152 ; disqualifi- cation for office of, 192, 201 ; election and term of office of, 152. of parish council — casting vote of, 280 ; to be chairman of parish meeting, when, 7 n, 191 ; continuance in office of, 16; deter- mination by, of retiring councillors to continue in office in certain events, 20f ; deposit with, of documents, 110 j dis- qualification for office of, ]92 ; election of, 16, 279; meetings of council may be convened by, 279 ; parish meetings may he convened by, 192; qualification for office of, 10, 16; re-eli-i- bility of retiring, 202; resignation of, 202; service on, of notices, 280; summary of provisions as to, 12 n ; temporary, appointment by county council of, when council Unable to act, 2d 1 : vacancy (casual) in office of, filling of, 202. • if parish an accounts of charities to he submitted to meeting by, 103 /' ; casting vote of, 278; may be chosen by meeting, when, 7; to be chairman onlyoi meeting at which chosen, 8 n ; irman or vice-chairman of parish council to be, when, 8 n ; 191 ; decision of, final unless poll demanded, 276 ; duties of, summary of, 9 v ; at which first councillors nominated to con- vene firsl meeting of parish council, 257 ; notices required to rved on parish meeting may he served on, 279. Index. 359 CHAIRMAN— of parish meeting of parish having n ite parish council — - il or inability parochial charities to be submil by, 103 - : drafi i be 100; du vene parish m Lection of, at annua ibly, 115; i : - 279 ; with o^ and instruments of body corp transfer to body corporate of legal interesi in parish p 118; powers of, to obtain at of expenses of m ami polls, 86; no qualification required, 116 n ; . 202; resignation of, 202 ; summary of pj rin of "Hi 258 ; time and place of holding pai I by, l!)l : \ ■ mi j (casual) in i of rural dis to chairman of guardiai apply to qualification of, 131. of Woolwich L county justice, 152 ; castin ■ i, L53 n ; disq ion for . 92, 201 : ction and term of ofl CHARITABLE TRUSTS A< ' I what ai application of Acl ting charity, 102 ; applical ion of provision ap] barity < !omi con 1 required under, when exch or lettin . summary <>1' provisions of, a- to making and confirmation of mi 3, l'O . ■ big order undi hurchwardei parish council a CHARITI] •• Parochial < iharitl mb " E appointment of ti id ben< ; of, in pari of divided by Act, 16 dole, names of beneficiaries of, to be published 102. property held by for, perrni ncil, 96. qui . determination ' appi al, 249, 250. . drafl of, to 100 j to cl ipporl or opposition of, b 0, 101. transfi r of pov ting, 10 CHARITY COMMISSIONEB approval ol tuncil ■! divided do not require oonfii 177. 860 / ■'■• CHARITY * OMMISSIONERS continued. consenl of, required to sales, exchanges, or lettings by parish councils, when, 54, 55 j to transfer by trustees to parish . ouncil of property held for public purposes, 9G. determination bj , of questions as to charities, 2 lit, 250. draft of scheme to be communicated to parish council or chairman of paiish meeting by, LOO, 101. endowment of charity partlj ecclesiastical, provision to be made by, for apportionment and management of, 255. incorporation of, 97 n. Local Government Board to consult, before dealing with charily under section 33, 156. number of additional trustees of parochial charity to be appointed by parish council to be allowed by, 98. powers of, as to requiring accounts, &c, of charities, 102 n\ saving for ] lowers, &c, of, as to schemes, 98. summary of provisions as to making of schemes by, 101, 102 n. CHEQUES, of parish councils, signature of, 281. CHEST, parish council may provide, 34. CHRISTMAS DAY, provisions as to, 252. CHURCH, affairs of, custody of books and documents relating to, 111 ; defini- tion of, 255 ; saving for powers, &c, of churchwardens as to, 32 : saving for powers, &c, of vestry as to, 30, 117 ; saving for property vested in churchwardens and overseers connected with, 29 ; saving for management of such property, 35. CHURCHWARDENS OF RURAL PARISH, access of, to parish documents and books, 111. accounts of parochial charities to be given to chairman of parish meeting instead of, 102, 103 n. appointment of trustees of non-ecclesiastical parochial charity in place of, by parish council, 97; by parish meeting in small parishes, 1 17. ecclesiastical office of, unaffected by Act, 29 n. to cea e to be overseers, 28 ; additional overseers to he appointed to replace, 28. 1 interest of property vested in overseers, and to vest in parish council, 29 ; consent of churchwardens and overseers not re- quired to order vesting legal estate under Charitable Trusts Acts, 218. ,. ferenci to, to he construed as references to overseers, 28. osfer to parish council of certain powers, &c, of, 32 ; of certain I lowers of overseers and, 33 — 38. CHURCHYARDS IX RURAL PARISHES, transfer in certain cases to parish councils of obligation of church* wardens as to repairing and maintaining closed, 32. Index. 361 CIRCULARS OF LOCAL GOVERNMENT BOARD, addressed to county borough councils, 322—332; part 1, ;.- areas and boundaries, 323 ; part 2, as to guardians, 326 : part 3, miscellaneous, 328. addressed to county councils, 29S — 317; pari 1, as to areas and boundaries, 300 ; part 2, ; pari :'• t" guardians and districl council! to high- ways, 310 ; part .">, miscellaneous, 312. addressed to county councils sending copy of order and circular sent to county borough councils, 321. addressed to guardians and urban sanitary authorities other than town councils, 289. addressed to guardians, as to term of office of chairman and vice- chairman, and continuance in office of commit t 319. addressed to highway boards in England and North W: i ; in ith Wales, 292. addressed to metropolitan vestries and district boards and Woolwich I. rd, 294 to 297. as to registration, 31 B. CLOSING, of i n grounds, vil particular days 19 -51. COLLECT! U : OF POOE RATES, appointmenl clerk of pari il, l"'-». CLERK, to guardians, to convene first meeting of parish council on default of chairman of meeting, 2~>7. ish clerk, documents required to be deposited will), to be deposited with clerk or chairman of parish council, L10 ; of rural districl council, p unci! acting as parochial com- mittee to li of, ! in. CLERK OF PARISH COUNCIL, appearance of, in legal proceeding appointmenl of parish councillor I, 264 : or otb >n, I 1 ;:' : deposit with, of docura I to be d with pai i li clerk, I L0 ; r< mi i of, I" ip >n, of Jii I. MBINATION, . of paiish councils I COMMITTEES. S audil ol .i' co u of borough conni il. pr of I oil of pari li c / COMMITTEES continued. approval of acts of by council, 220; to be deemed duly constituted, when, 282; rules in schedule to apply to, 228, 284 ; term of office of, 226 ; use of schoolropm, &c, by, for administration of public funds, is- 25. of parish meeting, appointment of, 116; acts of, to be approved by ish meeting, 117 ; use of schoolroom, &c, by, for admin- istration of public funds, 18 — 25. COMMON PASTURE, acquisition of land l'<>r, 71 ; regulations as to, 71 n. COMMONS, application for enclosure or regulation of, may Ik- made by parish council, 49; notice of applications to Board of Agriculture in relation to, to be given to parish council, f>. r ) ; to district council, 138. enclosure of, for purposes of cultivation by pour industrious in- habitants, 36 a. district council may aid in maintaining rights of common, 138; may exercise powers of urban authority under section 8 of Commons Act, 1876, in relation to, 138; may institute or defend legal proceedings as to, I 11. suburban, provisions of Commons Act, 1870, as to, 139 n, 140%. COMPANY, interest in contract with local authority as shareholder in, no dis- qualification for office, 198 ; person so interested nol to vote on questions affecting company, 198. COMPENSATION, for compulsory acquisition of land — questions as to, to be settled by single arbitrator, 65 ; appointment, remuneration, and powers of arbitrator, 65« ; no additional allowance to be made in respect of compulsion, 65 ; who may appear and be heard before arbitrator, 66. for compulsory hiring of land, for severance, 74 ; method of pro- viding tenants' compensation for severance, 77, 78 n ; to tenant for determination of his tenancy, 75 ; matters to lie considered by arbitrator in fixing, 77 ; payable by parish council for depreciation <>i by landlord for improvements on termination of tenancy of parish council, 80; payable by landlord on resumption of possession of land hired in order to work minerals, 82. ■ i I ing officers, 265. for improvements or crops, when allotment tenant may claim on giving up allotment, 7'.)//, 80w. COMPLAINT, by parish council as to unhealthy dwellings or obstructive bulld- . 38, 39 ; as to default of rural districl council, 105 — 107 ; by parish council of default of district council, as to sewers, water supply, or any duty enforceable under Public Health Act.-. 106 : as to maintenance and repair of highways, 106; as to failn ike proceedings in regard to obstructed right of way or encroachment on roadside waste, 141 ; where rural district in two oi more counties, to what council parish council MPLAINT- to make, 242; matter may be referred to joinl committee of county councils, 242. by meeting of small parish as to default of rural mncil, 119. COMPOSITION WITH CREDITOR disqualifications for certain offices by, 192, 194 » ; cesser of dis- qualification, 199. COMPULSORY ACQUISITION OF LAND. for allotments, on petition of districl council, n their default on petition of electors or parish council, 39 71. application to, of certain provisions of Allol . 67. for common pasture, 7 l. ipensatiop for, qi as to, to be settled I bitrator, 65; appointment, remum and powers of arbitrator, 65 7i; no additional allowance in 1 ompulsion to who may a ud be heard before arbitri 66. county borough, application to, of provisions as to, 71, 72. expensi i'aye I, i land acquired to whom to be assured, 69, 70 11 : land required for water supply or right of way, provisions not to apply to, 7". meiuori onfirmation of order, by whom and when to ted, 61 : if no memorial or memorial with- confirmed without inquiry, 62 ; if memorial, onfirmed or disallowed after inquiry, 62. notii en in parish and to own piers of order \'< 1 "' ' 66. ilations ae to, Lo d I lovt ran 1 pliance with, 61, 62. 364 Indi COMPULSORY ACQUISITION OF LAND continued. reporl as to proceedings in relation to, to be laid before Parlia- ment, 83. repn ion by parish counci] as to inability to acquire by agree- ment, 56 : contents of representation, 56 n ; county council to iuquire into representation, 56. standing committee of county council for purposes of, 67 n. Biinimary of provisions as to, 56 n, - r >7 n, COMPULSORY HIRINO BY PARISH COUNCIL OF LAND Foil ALLOTMENTS, apportionment of rent between land taken and remainder of tenants holding, 76. arbitrator, for determination of question as to— appointment of, 65 n, 74; questions to be determined by, 74— 76 [; matters to be taken into consideration by, 77 ; preservation and inspection of award of, and of report as to, condition of land taken, 78 ; for adjusting rigbts ot parish council and landlord on deter- mination of tenancy created by, 80. compensation for severance on, 74; method of providing tenants compensation for severance, 77, 78 n ; to tenant for determina- tion o| tenancy, 75 ; matters to he considered by arbitrator in fixing, 77 ; payable by landlord for improvements on determi- nation of tenancy created by, 80; payable by parish council for depreciation on determination of tenancy created by, 80 ; payable to parish council or allotment holders on resumption oi po sion of land by landlord to work minerals, 82. land hired, application to, of certain sections of Allotments Act, 1887, 78, 79; acreage of allotments, 70; buildings which m;i\ be erected on, 79 ; permanent pasture not to be broken up, 79, 80 n. order for, application by, of Lands Clauses Acts with adaptations, 81 ; confirmation, &c, of, provisions as to compulsory purchase of land to apply to, 7:; ; definition of land which may be authorised to lie taken by, 73 ; making of, by county council, ;:: ; term of hiring which may be authorised by, 73. rent payable by parish council on, not to be increased on account of compulsion, 76. reporl as to proceedings for, to be laid before Parliament, 83. representation of parish council as to inability to hire by agree- ment, 73. ping from, of mine-, minerals, &c, and smallholdings, 81. terms of hiring, how to be settled, 74. resumption by landlord of possession of land hired, in order to work minerals, 82. CONFIRMATION BY LOCAL GOVERNMENT BOARD, of order for compulsory acquisition of land, 61, 62. of order for compulsory hiring of land by parish council for allot- ats, 73. of order of joint committee of county councils on objection by county < ouncil 238 ; not required to certain orders of county council, 177. Index. 365 ( !ONSENT, of Charity Commissioners to sales, exchangi -. or Lettings by parish council, when required, 54, 5."); to transfers by trustees to parish council of properly held for public purposes, 96. of county council to aid by district council for maintaining rights of common, 138 ; to exercise by district council of powers as to commons, 138 ; to loans of parish councils, 88. of district council, to stopping up or diversion of public right of way, 91. of justices to sale of exhausted parish lands uot required, i\~. of Local Government Board to sales, exchanges, or lettings by parish councils, when required, .">4. 55 ; to loans of parish council, 88. of parish meeting required to grouping, 2 ; to sales or exchanges bj parish com ; to expenses of parish council when involv- ing rate exceeding 2d. or a loan, 83 ; to support or opposition by parish council of scheme relating to charity, 100, I'M ; may be required to particular act- of parish council for grouped parishes, 173 ; substituted for that of owners or ratepayers in certain cases, 214. of paiish meeting for part of parish with defined boundary may be required to certain acts of p luncil, 173 ; order "1 county council a- to. does not require confirmation, 177. of parish council to stopping up or diversion of public i i ;_c 1 1 1 - . t" way, !)1 ; to declaration that highway unnecessary for public use, 91. to vesting order under Charitable Trusts Acts, of churchwarden-! and ovi or parish council not required, -218. CONSTITUTION, of parish council, 10; of parish meeting for every rural parish, 1. 2. C( INSTRUCTION, of Act, 253— 2'. 7 ; of enactments relating to powers, &c, trans- ferred to parish council oi parish meetings, 218, 219. < ONTINUANI E IN OFFICE, of chairman of parish council, 1':. existing guaraians, urban and rural sanitary authorities, high- way boards, metropolitan vestries, and Woolwich Local Board, till' app luted das, 260, -iivi ; ol existing ov< ver- i- of new parishes formed undei Act, _•;_. of retiring parish councilloi nol filled at annual election, 201. CONTRACT WITH AUTHORT1 Y, disqualification for office by reason of intereel in, 193, 195, ; e tione to ii. 1, disqualifi 1 07, 19* ; pi-rs..n ml I in, ihareholder ol company, nol to vol i qui mpany, L98 ; disqualification foi office of p luncillor ma. moved in certain 199. CONTRACTS. nig for existing, 273. CONTRIBUTION, of parish council toward* certain ex] i • ! b 866 Index. I ONTRIBUTOR? PLACES, what are. 146 ft, 147 n ; special expenses chargeable to, may be directed to be raised as general expenses, 149 ; highway expenses may be charged on, when, 149. CONVENING, of parish meetings, 192 ; of first parish meeting, 257 ; of meetings of parish council, 279 ; of first meeting of parish council, 257 ; of first meeting of district council, 262. CORRUPT AND ILLEGAL PRACTICES, at elections under Act, 206. COUNTY, alteration of areas in more than one, or of areas altering union in more than one, to be made by joint committee, 171 ; alteration of boundary of, 169. chairman of district council to be a justice of peace of, 127. county borough included in term, 256. county council to consider every case of parish or rural sanitary district partly within and partly without, 158 ; county council to provide by order for every parish and rural district being in the same, 166, 167. grouped parishes to be in one, 174. rural sanitary districts in more than one, part in each county to be separate rural district, 132. COUNTY BOROUGH, application to, of provisions as to compulsory acquisition of lands, 71, 72. circular of Local Government Board addressed to councils of, 322 — 332 ; part 1, as to areas and boundaries, 323 ; part 2, as to guardians, 326 ; part 3, miscellaneous, 328. council of, additional powers of, as to rights of way, rights of common, and roadside waste, 142 ; appointment by, of trustees of parochial charities, 154 ; conferment upon, of appointment of overseers and assistant overseers, and any powers, &c, of overseers, or of parish councils, 153 — 155 ; conferment upon, of powers of vestry under Poor Rate Assessment and Collection Act, 1869, 156 ; included in term county council, 256 ; report of Boundary Commissioners to be considered by, 172 ; transfer to, of certain powers of justices and quarter sessions, 153. guardians in, provisions of section 20 of act to apply to, 150. included in term county, 256. ] art 2 of Act not to apply to, except when specially provided, 157. parochial electors in, who are, 254. regulations of Local Government Board as to inquiries and notices in 1894 in connection with alterations of area and boundaries by council of, 263, 340—346. what is a, 72n. COUNTY COUNCIL, approval by, of expenses of parish council involving loan, 84. circular of Local Government Board to, 298—317 ; part 1, as to Index, 367 COUNTY COUNCIL— continued. areas and boundaries, 300 ; part 2, as to parish councils, 306 ; part 3, as to guardians and district councillors, 30S ; part 4, as to highways, 310 : part 5, miscellaneous, 312. complaint of default of rural district council may be made by parish council to, 105, 106 ; by parish meeting of small parish, 119 ; on complaint what action may he taken by, 106, 107. consent of, to aid by district council in maintaining rights of common, 138 ; to exercise by district council of powers of urban authority as to commons, 138 ; to loans of parish councils, 88. contributions of, tc wards cost of highways, may be made subject to conditions, 136. county borough council included in term, 256. delegation of powers to committees by, 269. determination by, of differences as to custody of or access to parish documents, 111 ; of rotation for retirement of first guard and rural district councillors, 259. directions of, as to framing of lists of parochial electors, to carry out contemplated orders for alteration of areas, &c, s district council may be employed as agent of, 2 -12. duties of, as to inquiring into representation of parish council of inability to acquire land by agreement, 56 to com- pulsory acquisition of land by parish council, or for allotments, summary of, 57 I i compulsory hiring of land by parish council for allotments, 73 ; as to p »n of ] >oks and documents, 112 ; as to brin tintofullo] duties and pov vitfa respect t i areas and boundaries, 153 — 173. s. al o - Areas and Bound iri expenses of, under provisions as to compulsory acquisition of I howtobe defrayed, 72; in executing of defaulting district council, 241. inquiry by, astocompuh tion of land, when to be held, 58; as to alteration of parish boundary, right of j inci] or meeting to appear at, IT" Government Board as to, during the year 1- I69n — 163 /;, 332—339. joint committees of. See "Joi lL loans 1. ting ' il, 241. object I coram tt h and i p.. dii in which adoi um pariah, i under wet dimini h divided by 1 I 368 Index, COUNTY COUNCIL continued. nnnts, 168 ; for dealing with matters arising out of alt. rations of areas made by Act, 247; under Part 3 of Act of 1894, to be deemed orders under section 57 of Local Government Act, 1888, 171 ; period for making orders under Part 3, 17:!; transfer to Local Government Board of powers as to, 173; reduction of time for petitioning against, 177. orders of, as to district councils and county districts — for the compulsory acquisition of land, 59 ; for new election of councillors in case of difficulty as to election of individual councillor, 210 ; for new election of councillors in case of inability of council to act, 236 ; for appointment of persons to form temporary district council, 23b' ; for uniting or dividing parishes into wards for election of rural district councillors, 237 ; fixing or altering number of rural district councillors, 237 ; for determining name of rural county district in case of doubt, 133 ; for change of name of district council or their district, 225 ; for the simul- taneous retirement of urban district councillors, 130; for regulating retirement of rural district councillors by thirds, 237 ; for retirement of rural district councillors first elected, 259 ; limiting time for performance of duty by defaulting rural district council, 106 ; for postponement of transfer to rural district council of powers of highway authorities, 134, 271. orders of, as to guardians — for new election of guardian in case of difficulty as to election of individual guardian, 210 ; fixing or altering number of guardians, 237 ; uniting parishes, or dividing parishes into wards for purposes of election of, 237 ; for the simul- taneous retirement of whole board, 124 ; for the annual retirement of thirds where guardians now retire simul- taneously, 125 ; for regulating retirement by thirds, 237 ; for retirement of guardians first elected, 259. orders of, as to parish councils and parishes — for establishing parish councils, 1, 2, 175 ; for dissolving parish council, 176 ; for fixing number of parish councillors, 10, 13 n ; for dividing parish into ward for election of coun- cillors, 113 ; for varying or revoking order dividing parish into wards, 114 ; for new election of council, when unable to act, 203 ; for appointment of person to act temporarily as parish council, 203, 204 ; for determining names of parishes, 17 ; as to names of new parishes formed by Actor order under Act, 225 ; for grouping parishes, 2 ; what must and may be provided for in grouping order, 173, 174, 225 ; for dissolving group, 175 ; for requiring consent of parish meeting for part of parish having defined boundary to certain acts of parish council, 173 ; for con- ferring additional powers on parish meetings of small parishes, 120 ; for the compulsory hiring of land for allotments, 73; for the compulsory acquisition of land, 59 ; as to preservation of parish books and documents, 112 ; certain orders as to parish councils and parishes do not require confirmation by Local Government Board, 177, Index. 369 COUNTY COUNCIL— continv orders of, validity of, when confirmed by Local Government Board, 177; copy of, I it to Local Government Board aud to Board of Agriculture, i refusal of, to make order for compulsory acquisition of land, appeal against, 59. regulations of, as to security t pen by treasurer of pariah council, 110 ; regulations of L I ! >vernment Board as inquiries and notices during 1894 as to alterations of areas and boundaries by, 159 a- 163 . 263, 332—31 removal by, of disqualification for office of parish councillor, in certain cases, 199 ; of difficulties as to first flections and first rue* 263. report of Boundary Commissioners to be considered by, 17:2. representation to, of inability of parish council to acquire land by agreement, 56. saving for powers of, as to roadside waste, 142. scale of election ex] i be framed by, 210. standing committee of, for purp allotments and compul acquisition of land by parish counci transfer to, of powers and duties of rural district council in default, 106, 107; of powers of district council as to protection of roadside waste and rights of way, 141 ; accounts of receipt* and expenditure in execution of transferred powers, 241 ; and duties of county council on Mich transfer, 240; n of pov. . in district council, 241 ; transfer of property and liabilities consequent on transfer of powers, &c», 243, 244. urban powers may be conferred on rural district councils on appli- cation of, \'-j~ COUNTY DISTRK ■ fjrban District" and "Rural I ncil to provide by order forwhole of i the same, 167 : includes every urban and rural district whether borough oi n< t, 126 ; pov " ouni il to alt ( tovernmenl Act, 1888, 158 COUNTY BATE, . , ... appeals in restx - of, transfer to parish counalsol powera oi ov< : ■ :;1 - CRIMINAL-. disqualification of, foi ofl L94 CROPS compen ition F. r, lotmenl tenant niaj iving up allotment, i c i rsTOi >y l of ai rily hired bj h, and • '" ; mento of pariHh di' parish' : ' "' |U '" 370 Index. DAMAGE, done to schoolrooms, &c, used for purposes of meetings, &c., how- to be defrayed, 24. DEBTS, Set also " Liabilities." liquidation before appointed day of current, 273 ; saving for current, 272. DECLARATION, of acceptance of office by parish councillor, 279. DEFAULT, of district council as to sewers, water supply, or any duty enforce- able under Public Health Acts, or as to repair and mainten- ance of highways, complaint by parish council of, 105 — 107, 212 ; of district council as to rights of way and encroach- ments on roadside waste, complaint by parish council of, 141, 242 ; where rural district in more than one county, joint com- mittee to take action on, 242 ; complaint by parish meeting of small parish as to, 119. order of county council limiting time for performance of duty by district council in, 106 ; proceedings which may be taken by county council on non-compliance with order, 106, 107. summary of provisions of Public Health Act, 1875, as to authorities in, 106 n, 107 n. transfer to county council of powers of district council in, 106, 141 ; powers and duties of county council on such transfer, 240, 241. DEFINITION, of adoptive Acts, 41 ; of affairs of the church, 255 ; of county and county council, 256 ; of ecclesiastical charity, 254, 255 ; of election, 254 ; of elementary school, 256 ; of local and personal Act, 257 ; in Local Government Act to apply to Act of 1894, 253 ; of parish, 2 n ; definition in Act of 1888 of parish not to apply to Act of 1894, 253 ; of parochial charity, 255 ; of paro- chial elector in urban district, county of London and county borough, 254 ; of prescribed. 257 ; of rateable value, 256 ; of references to population, 254 ; of rural parish, 2 n, 4 ; of trustees, 254 ; of vestry, 256. DELEGATION, by county council to committee of powers, &c, as to areas and boundaries, 269 ; of powers by county council to district council, 242 ; by rural district council to parish council of powers which might be delegated to parochial committees, 105. DEMAND NOTE, for rate to defray expenses of parish council or meeting, particulars to be shown in, 87. DEPOSIT, of award and report of arbitrator on compulsory hiring of land, 78 ; of documents and plans with clerk or chairman of parish council, 110 DEPRECIATION, compensation payable by parish council for, on determination of tenancy created by compulsory hiring, 80. Index. 371 DIFFICULTIES, as to election of individual councillors, «ic, comity council may order new election in case of, 210 ; as to first election?, first meetings, &c, removal of, by county council, 262, 263. DISALLOWANCE, by Local Government Board of order for compulsory acquisition of land, 62 ; of order of county council altering areas and boundaries, 159 n. DISQUALIFICATION, by absence from m 200 j office to be declared vacant, 200. cesser of disqualification by bankruptcy, 199. for office of member or chairman of parish council, of non-borough district council, or of board of guardians, 1 . . ; for othce of member of metropolitan vestry or of metropolitan auditor, or member of Woolwich Local Board, 201 ; office to be declared vacant, 200 ; for office of parish councillor may be removed in certain cases, 199. penalty for acting or voting during, 200. for voting at elections, L83 DISSOLUTION, of group of parishes, 175 ; ol | incil oi e in popula- tion, 176 : orders for, do not require confirmation, 177 bool board, application for, i by parish meeting, 215, 216. DISTANCE i-urement of, 12 n. DISTRICT BOARDS IN METROPOLIS, chairman of, casting vote of, doubt as to, 153 ; to b a • mnty justice, 152; disqualification for office of, 192, 201 ; i and term of offi e of, 152. circular of L i onienl '■ 897. [ appointment of i nd parish councils, I qualific ttion of memb i - of, 15J. CRICT COUNCIL, applii ition nnual retu by third they nov ' -"• ■ ■ ij and i mi joint couini ipointment, powi m oi offi< na f, ch : "' nolil ■ ti'.n allnti petition 3*72 TurJr.r. DISTRICT COUNCIL— continued. saving for obligations of, as to*supply of water or execution of sanitary works. 55. transfer to county council of powers, &c, of, as to protection of roadside waste and rights of way, 141 ; provisions applicable t.i such transfer, 210, 241. DITCHES AND DRAINS, powers of parish council to ileal with, 52. DIVIDED PARISHES ACTS, summary of provisions of, 5 n ; new parishes formed by Act to be separate parishes as if constituted under, 4, 167. DOCUMENTS OF PARISH, access to, of incumbent, churchwardens, and parish council, 111. custody of. 111 ; county council may provide for, when parish divided by Act, 168; in grouped parishes, 174; differences as to custody of, or access to, to lie determined by county council, 111 ; orders of county council as to, do not require confirmation, 177. deposit of, with clerk or chairman of parish council, 110; in accordance with directions of parish council, 111. inspection and taking of copies of, 110, 234. preservation of, duties of county council as to, 112. DONOR, surviving, may consent to appointment by parish council of trustees of charity, 104. DUCHY OF LANCASTER, powers of, to sell to parish councils, 56 n. ECCLESIASTICAL, areas not affected by Act, 2 ». charity — definition of, 254, 255 ; parish council not to appoint trustees of, in place of churchwardens, 97 ; not to appoint additional trustees of, 98 ; property held for, not transferred to parish council, 29 ; property held for, by trustees not to be transferred to parish coirncil, 96 ; saving for powers as to management of property, 35 ; saviugfor powers, &c, of church- wardens as to, 32 ; saving for powers, &c, of vestry as to, 30, 100, 117 ; schemes relating to, need not be communicated to parish council or vestry, 100 ; accounts of, need not be sub- mitted to parish meeting, 102 ; custody of books and documents relating to, 111. office of churchwardens unaffected bj Act, 29 n. EDUCATION DEPARTMENT, application to, for formation or dissolution of school board in rural parish, may be made by parish meeting, 215 ; determination Dy, of certain questions as to use of schoolroom for meetings, &c, 25. ELECTION. See also " Elections Regulated by Rules.' ofaUotment managers, parish council may apply for, 39. Indue. 373 ELECTION— continued. of chairman — of board of guardians, 125, 2:?4 ; of district council, 234: of parish council, 16, 279 ; of parish meeting, 7, 115 ; of metropolitan vestries and ■!' works, 15:.' ; «'t' Woolwich Local Board, 152. of guardians— of additional guardiai guardians to till vacancies may be held before appointed day, 260 : app inted .lay tor first, 269 ; division of parish into wards for purpos --'.7 ; for district.- under Local Acts, application to, of provisions of Ait, 2:'/.» ; to be by parochial electors of parish or ward, . to be condi ording to rules ol Loi il Government Board, 124; expenses of, rules ma\ provide for retention of present incidence of charge for, 2ns 20 lardians as such nol be elected for rural parishes, 131 ; provisions as to, to apply i" election of rural district councillors, L31 ; provisions as to first elections under Act, 258 ; numbei rs entitled to at, 124 : removal of difficulties as to first, 262, 2':::. of members of metropolitan vestries, of Woolwich Local Board and of metropolitan auditors, appointed day for li; ; bow to lie conducted, 151; (II- rs of Poll) 1888, t" apply to election of vestries, l'l ; removal of difficult to hrst, 262, 263. nomination and poll included in term, -•"'!. of parish council, on dissolution of group of parishes, 175 ; on increase of population, 175. of parish councillors a]>i>ohiie confer right t-i take away or sell, 81. CROUPED PARISHES, dissolution of, order of county council for, 175; application for order, by whom to be made, 175 ; proA isions to be contained in order for election of parish councils and for adjustment of property, &c, 175; order for, doet nol require confirmation, 177. name of, grouping order to provide for, L73, 225. parish council for, establishment of, 2j general scheme as to powers of paiish council and parish meetings of, 115 n ; election of separate representatives of each parish on, L73 ; area of, to be in one canity and canity district, 174. to have separate \ arish me< ting foi i a< h paiish, 2 ; grouping ordei to make provisions for meetings, L73 ; grouping order may . ide foi i i-'i me. tin.' to particular & I of uncil, 1 ". on ol parish from, on increase in population, 17i'>; adjust- ment to be made between pan h and group, 17»; OUPING OP PARISHES, I of parish meeting required to, 2. ordei for, • ounl j council to make, 2 ; i to parish meet- be Bubjecl to, LIS; pro> atained in, 17;'.. i;i; to proi i" tody of documents, 17 J ; application for, by whom mad.-, 17); does nol requir n in in , 1 1, n ol L ' ■ nun. ut Board, 1 7 7 ; t" din 1 1 nam ]., 17.'., 225. Bummary ol pi 878 Indies, GUARDIANS, acceptance of office by, 207. additional, election of, 125 ; qualification of, 125 ; at first election to be chosen from ex officio or nominated guardians, 125 ; elec- tion of, may be held before appointed day, 260. appointed day for coming into office of first elected, 209. appointment by, of overseers, if appointment not notified within prescribed time, 212. board room and offices of, use of, by rural district councils in union, 235. chairman of, may be elected from outside, 125, 234 ; qualification of, 125 ; disqualification for office of, 192. circular of Local ■ Government Board to county councils as to, 308 ; to county borough councils as to, 326 ; addressed to, 289 ; as to continuance in office of committees, 260 n, 261 n, 319, 320. continuance in office of existing guardians till first guardians elected under Act come into office, 260. in county boroughs, provisions of section 20 to apply to, 150. disqualifications for ollice of, 192—201 ; person disqualified for office of, disqualified for office of rural district councillor, 199 ; office to be declared vacant, 200; penalty for acting during disqualification, 200. election — of additional, or to fill vacancies, may be held before appointed day, 260 ; appointed day for first, 269 ; division of parish into wards, or union of parishes for purposes of, 237 ; 1'or districts under local Acts, application to, of provisions of Act, 239 ; to be, by parochial electors, 123 ; to be conducted according to rules of Local Government Board, 124; expenses of, rules may provide for retention of present incidence of charge for, 208, 209 n ; guardians as such not to be elected for rural parishes, 131 ; provisions as to, to apply to election of rural district councillors, 131 ; provisions as to first elections under Act, 258 ; number of votes elector entitled to at, 124 ; removal of difficulties as to first, 262, 263. -See also " Elections Regulated by Rules." electors of, who to be, 123. ex officio, abolition of, 121. under local Acts, elected for districts, application to, of provisions of Act, 239 ; saving for powers and duties of, 239. in London, provisions of section 20 to apply to, 150. meetings of, application to of certain provisions of Public Health Act, 1875, 234, 235 ; not to be held on licensed premises, 239 ; vacation of office for continuous absence from, 200 ; power of county council to remove difficulty as to first, 262, 263. nominated, abolition of, 121. notice to be given to, of appointments of overseers, 26, 117. number of, fixing or alteration of, 237 ; when union in more than one county, 238 ; for new parishes formed by Act, 258, 259. may petition against order as to areas and boundaries under * Part 3, 171. of Oxford incorporation, saving for, 239. powers of, as to property of rural parish, transfer of, to parish council, 38. proceedings of, application to, of provisions of Public Health Act, Index. 379 GUARDIANS— continued. 1875, 234, 235 ; saving for powers of Local Government Board to regulate, 236. qualification for office of, 121 — 123 ; repeal of statutory provisions as to, 122. re-eligibility of, on retirement, 207. resignation of, 207. retirement of, by thirds annually, 124 ; simultaneous retirement of, by direction of county council, 124 ; continuance of simul- taneous retirement now in force till otherwise directed by county council, 125 : regulation of retirement of, by thirds, by county council, 237 ; elected at first election under A 259. rural district councillors to be, for rural parishes, 131. term of office of, 124. vacation of office of. by continuous absence from meetiugs, 200; office to be declared vacant, 200. vacancies, casual, in office of, filling of. 2(>7 ; before appointed day, election may lie held for tilling. 260. vice-chairman i intment, term of office and powers of, 235; circular of Local Government Board as to term of office of present, 260 n, 201 n, 319, 320 ; qualification of, 125. HARBOUR, improvement commission having powers as to, to remain body separate from district council, 243. property and liabilities to be apportioned between commission and council, 243. HIGH COURT, termination by, of questions as to transfer of powers and vesting of propel ty, 249. appeal to, from determination by Charity Commissioners of ques- tions as to charities, 250. appeal from decisions of, on above questions, 250. HIGHWAY AUTHORITY, contribution to, of county council, may lie made subject to con- dition- as to repair of highway, 136. rural district council to be buci if, 134. saving for liability repair and mainteni u i of public foot- path -. 96. transfer to rural di incil of powers of, 134 ; postponement of transfer by count LI, 134 ; on postponement, highway expenses "I parish not to l»- deemed expen i of parish council or n;i-' tin.-. ne nt to provi te foi election of highway , 271 ; 1 disti id council of ting "Hi' 1 1 - of, . BIGHWAY BOARD abolition '•(. 134 : p ■ fcponemenl "t. by count] council, 134 : order of postponement to provide 1 ctioiu duriiu. nement. 271 : circular of Local En land and Wall ,290; in South Wales, 292 ; continuance in offl I exif-tinR members "f, till in--' rural ■ luncillors come into ofl 380 Index, 11 Kill WAYS. '• Rights of Way." circular of Local Government Board to county councils as to, 310. contribution of county council towards cost of, may be made, subject to conditions as to repair, L36. declaration that highway unnecessary for public use— consent of parish council required to, 91 ; notice to be given of resolution giving consent to, 91 ; resolution not to operate till confirmed, 91 ; powers of parish meeting in small parishes as to, 119; summary of provisions of Highway Acts, as to, 92 n ; effect of Act on former practice a- to, !) I //. definition of, in Highway Acts, 91 n. diversion or stopping up of, consent of parish and district council required to, 91 ; powers of parish meeting in small parishes as to, 119; summary of provisions of Highway Acts, us to, 91 n, 92 n ; effect of Act upon former practice as to, 93 n, 94 /i. expenses defrayed out of property of parish, parish to remain entitled to benefit, 150; expenses of rural district council as to, to be defrayed as general expenses, 146 ; may be charged to contributory place when, 149 ; expenses of parish where county council postpone transfer not to be deemed expenses of parish council or meeting, 268. land used for materials for, consent of justices not required to sale, &c, of, 217. part of parish included in urban district for purposes of, to cease to be so included, when rural district council become highway authority, 136. repair and maintenance of, complaint of parish council of default of district council as to, 106, 107 ; repairable ratione tenum, powers of district council as to repair of, 135 ; repairable at charge of parish or particular area, powers of district council as to repair of, before becoming charge upon district, 268. rural district council to have powers of urban sanitary authority as to, 134. HIRING OF LAND FOR ALLOTMENTS, by parish council, 73 ; by district council, 73 n ; compulsorily by parish council (see "Compulsory Hiring") ; application to land hired, of certain sections of Allotments Act, 1887, 78, 79 ; acreage of allotments, when land hired, 79, 79 n ; buildings which may be erected on land hired, 79, 79 n ; permanent pasture not to be broken up, without consent of landlord, 79, b0 n. HOUR, of assembly of parish meeting, 7. HOUSING OF WORKING CLASSES ACT, 1890. complaints or representations of parish council under, 38, 39. IMPROVEMENT COMMISSIONERS, having harbour powers, to remain body separate from district council, 243 ; property and liabilities to be apportioned between commission and council, 243. bid* IMPROVEMENTS, compensation payable by landlord for, on determination of tenancy created by compulsory hiring, s " : of recreation grounds, vili . by parish council, 49 — 51 ; power of parish council i" execute works of, 53. INABILITY, of chairman of district council or board of guardians to act, \ chairman, to act in case of, 235 : of chairman ol parish meeting to preside, appointment of chairman by m 278; of dis- trict council to act, powers of county council in case of, 236 ; of parish council to act, county council may order new election, and appoint temporary council, 203, 204. INCLOSURE ACT g, summary of provisions as to allotments under, 36 n, 3< n ; transfer unci] of land held bj trustees under, 96. INCORPORATION, of chairman of parish meeting,and overseersol rural parish having no parish council, L18 ; of parish council, 1 i ; of rural districl ncil, 133; saving for incorporation of urbain sanitary authoriti 272. INCUMBENT, f, to parish documents and books, 111. INFANT LIFE PROTECTION, authority for executing Acts relating to, districl councd to be, 111: uiy borough council t<> be, L53 INFANTS, disqualification "I, for certain offices, L92. INQTJIRIE , . , • • , -i , • (alteration of boundary of parish, righi oi parish council rish meeting to appear at, 1 70. mipulsory acquisition of land— county council to hold, when, ; by whom t" !»• held on their behalf, <',, >i : powers of person holding, on behalf of county council, 66; costs oi inquirii racil, 66 : Local ' ■ i omenl Board to hold on appeal froi fusal of countj council to make order, when memorial p order, 62 ; application to inquiries bj Local Government Board of provisions oi Public Health I "• I, ., ,i i . (vernmenl Board, 63, 251 : when ncil in, i their inquiries, 2 pov ! ""'"' Board holding, 6 i „. omenl B 1894 ! bound ' ' :; " ; - l'l'.< !T1 ' . and rural A '"' "I ted with I, 110. 982 Index. [NSPECTORS, of Local Governmeui Board; powers of, as to inquiries, 63 ?i, 251. [NSTRUMENTS, ol corporation comprising chairman and overseers of small rural parishes, how to be executed, L18 ; of parish council, how to be executed, 17 ; of parish meeting and parish council, when to be deemed duly executed, 283 ; of parish meeting not having council, how to be executed, 120. JOINT COMMITTEE, accounts of, making up ami form of, 230 ; audit of, 230 — 233. of parish and district councils— appointment of, 228 ; costs of, how- to bedefrayed, 229 ; power to burrow money or make rate not, to lie delegated to, 229 ; term of office of, 22!) ; of parish councils, for purposes of adoptive Acts, 220 ; of parish councils and representatives of parts of parish or parishes for exercise of ] lowers as to parts, 227, 230 ; of parish and urban district, councils for purposes of adoptive Acts, 220. JOINT COMMITTEE OF COUNTY COUNCILS, to act under Part 3, as to parish or rural sanitary district in more than one county, 172. complaint of parish council to be referred to, where rural district in more than one county, 242. county council may object to orders of, in certain cases, 238 ; orders so objected to, require confirmation of Local Government Board, 238. orders of, as to alteration of areas in more than one county, or of areas which would alter boundaries of union in more than one county, 171 ; for dealing with matters arising out of alterations of areas made by Act, 247 ; as to number of guardians or rural district councillors where union in more than one. county, 238 ; as to retirement of thirds where guardians now retire simul- taneously, 125 ; for regulating retirement of guardians or rural district councillors by thirds, 238 ; copies of orders to be sent to Local Government Board and Board of Agriculture, 250. procedure in case of failure of any county council to appoint members of, 172, 242 ; questions as to constitution or procedure of, how to be determined, 172, 242. report of Boundary Commissioners to be considered by, 172. JUSTICE OF PEA( !E, abolition of rights of, as ex officio guardians, 121 ; chairman of district council to to be a, 127; chairman of metropolitan vestry and district hoard of works, and of Woolwich Local Board to be, 152 ; oaths to be taken by, 127 ; consent of, to sale of exhausted parish lands not required, 217 ; construction ol enactments relating to powers, &c, transferred from, to parish councils or parish meetings, 218,219 ; mayor of borough will be a county justice during year of office, L28 n ; transfer of certain powers of, to district councils, 142 — 144; to councils of county boroughs, 153. KNACKERS' YARDS, lie insing of, by district councils, 144, 145. In/lev. LAND, acquisition of, by parish council, for purposes of buildings, recrea- tion grounds, and public walks, -J!) ; powers of parish council for acquisition of, 56—72; borrowing powers of council for purpose of purchasing, 87. " Acquisition " and ,; Com- pulsory Acquisition." holding of, without license in mortmain by parish couneil, 1. ; by y corporate, oi chairman and overseers of rural parish having no council, 118. hiring of, for allotments, by parish council, 73 ; by district council, compulsorily by parish council; >'■• "Compuls Hiring." . exchange, or letting of, by parish council, 38, 54; sale, bange, or letting of superfluous or unsuitable land acquired for allotments or for purposes of parish council, 67, 69 n. LANDLORD, adjustment of right- oJ parish council and, on determination oJ tenancy created by compulsory hiring, Mi; resumption hy.nl' possession of land hired by parish council, in order to work mi S3. LANDS CLAUSES ACTS, incorporation of, with Act, except provisions as to compulsory acquisition, 56 ; compulsory clauses of, order of county council puttingin force, 59 ; order to incorporate with adaptations^ 65 ; ord mpulsory hiring, may incorporate with adaptations, 81 ; what are, 56 ft, LEGAL INTEREST, in property vested in overseers, to vest in parish council, 29; in property which would vest in parish council, in small parishes to vesl in chairman of parish meeting and rs, 1 L8. LEGAL PROCEEDINGS, Bfected by change of name of districl council or their dUl 56 ; by or against parish council, who may appear on ..tit' ol council in, 282 ; district council may institute or in connection with rights of way, roadside waste, and for, commenced before appointed day, 272 ; savii tig oi pending, 273. LESSEES, impulsony acquisitn I LETTING, . „ of | luncil, 38, ~<\ ; "i iOpernuous or unsuitable Ian for allotments and for pur] I pari li LIABILITI1 •i With :.!■ 384 Index. LIABILITIES continued. of existing authorities under adoptive Arts on Bupersession, 221 ; of improvement comraissioii having harbour powers, appor- tionment of, between commission and district council, 243. liquidation hefore appointed day of current, 273. of parish council, restrictions on, 83—87. Seealso "Expenses of Parish Council." saving for discharge of existing, 272, 273. temporary provision maj be made for meeting liabilities of areas altered by Act, 247,2 48w. transfer of, consequent upon transfer of powers and duties, 243, 24 1. LICENSED PREMISES, meetings of district councils, guardians, parish meeting, or parish council not to In' held on, except, when, 239. LICENSING, of dealers in game, knackers' yards, passage brokers, emigrant runners, &c, transfer of powers, &c, of justices as to, to district council, 143 ; of gang-masters, transfer of powers of justices as to, to district councils, 142 ; to county borough councils, 153. LIGHTING AND WATCHING ACT, 1833, adoption of, in rural parish, 41—48 ; in part of rural parish, 47 ; majority of votes required for, 45. alteration of area in which in force, 222. amount to be raised for purposes of, to be fixed by parish meeting, 13 n, 46. land to be rated for purposes of, at reduced assessment, 43 n, 47 ; incidence of rate not to be affected, 47. parish council to be authority for executing, 48. loans of parish councils for purposes of, 88, 90. property and liabilities of superseded authorities under, 221. summary of provisions of, 42 n, 43 n. transfer to parish council of powers of existing inspectors under, 47 ; when acting for part of parish, 219 ; transfer to parish councils or parish and urban district councils of powers of existing authorities under, when area situate in several parishes, 220 ; transfer to urban district council of powers of existing authorities under, 240. LIMITATION, on amount of rate leviable for expenses of parish council, 85 ; without consent of parish meeting, 83 ; on amount of rate leviable for expenses of parish meeting of small parishes, 119 ; on borrowing powers of parish council, 88. LISTS, of electors to be framed in parts for wards, 185 ; claims for entry on, 190 ; method of distinguishing in, between parliamentary, county, and parochial electors, L86 — 188 ; county council may direct framing of in parts to correspond to contemplated alteration- of areas, &c, 270 ; to be made in parts necessary tor purpose of first elections, 271. 3S5 LISTS ed. revised lists, duties as to printing of, 190. separate lisl of parochial electors, preparation of, l s 7 ; entry in, of names of married women, L88 n ; to form pari of register of parochial electors, 189 ; claim- for entry on, L9 LITERARY AND SCIENTIFIC INSTITUTIONS ACT, L854, transfer to parish meetings of certain powers of owners and rate- payers miller. 214. LOANS, ol authorities for purposes of adjustments, 246 ; of county council for purposes of execution of powers of defaulting district mcils, ^41. Loans OF PARISH COUNCIL, annual charges in respect of, to be included in expenses foi? pur- poses of Limitation of expenditure of council, 85. application to, of provisions of Publi : Health A.ct, l s 7.">, 88. consenl of county council and Local Government Board required 88; expenditure involving, consenl of parish meeting to, 83 ; approval of county council to, 84. county council may lend to parish council for, 89 ; limitation of amount of, *^ ; moi or, form and register of, 89 n ; period I'm- repaymenl of, 89 purposes of, purchasing land or erecting buildings, 87 ; adoptive Arts, 88, 90 ; permanent works, 88. intmenl of, on default in payment of principal or interest, 89 n. . 88. ultimate charge of, when raised for purposes of adoptive Acts, 90. LOCAL ACTS application i sions of Act to election of guardians for districts under, 239 ; definition of term, local and personal Act, 257; for powers and duties of guardians under, 239 ; saving for of ii i\ council to alter wards created by, or number of urban cliatri illors fixed by, 27 1. LOCAL GOVERNMENT ACT, 1888, alterati of boundarj nty or b under, 169 ; oi | ■ l,,w union i more than one county undi r, 169. application tion 1 20 of, 26fi ,i\ ..I the matters mcntiom >\ in 1 59 '17. definition "I pari Ii in. uol t" app >i I v '-' I, other definitions in, i" applj ; alteration ■•! ir union i I |' pedicnt for purp ,,i ; de undi : made under, 171 ; redui tion of tm der und : validity of order under, when ' ■ mnde i,| (,.i uxpedil dure undi f, 386 Index. LOCAL GOVERNMENT ACT, 1888— continued. :v.vi :v.V.) ; text of regulations to county borough Councils, 340 346 : texl of section 57 of, L58, L69 n. LOCAL GOVERNMENT ACT, L894. bringing into operation of, duty of county council as to, 269. construction of, 25;$ — 257. definitions in Local Government Act, 1888 (except of parish), to apply to, 253 ; definitions in, 253 — 257. extent of, 257. repeal by, of enactments authorising guardians to appoint assistant overseers, 265; of enactments specified in schedule, and of enactments inconsistent with Act, 274; of provisions as to qualification of guardians, 122 ; of provisions us to qualifica- tion of members of urban sanitary authorities, 128. shorl title of, 257. LOCAL GOVERNMENT BOARD, appeal to, against refusal of county council to make order for com- pulsory acquisition of land, 50, 00. approval by, of agreements on adjustment as to joint use of property of guardians, 2 15 ; of special fund out'of which adjustment moneys to be paid, 246. circular of, addressed to county borough councils, 322-332 ; addressed to county councils sending copy of order and circular sent to county borough councils, 321 ; addressed to county councils, 298—317 ; addressed to guardians, 260 n, 261 n, 319 ; a- to highway boards in England and North Wales, 290 ; in South Wales, 292; as to metropolitan vestries and district: boards and Woolwich Local Board, 294—297 ; as to registra- tion, 318 ; statement as to effect of Act on burial boards, 347. confirmation by, of certain orders of county council not required, 177 ; validity of order under section 57 of Act of 1888, on confirmation by, 177 ; of orders of joint committee to which objection taken by county council, 238. consenl of, to sales, letting, or exchanges of property by parish councils, when, required, 54, 55 ; to loans of parish councils, 88. to consult Charity Commissioners before dealing with charity under section 33, 156. copy of every older of county council or joint committee to he sent ' to, 250.' determination by, of questions as to use cf rooms for meetings in certain cast's, 25 ; of questions as to constitution or procedure of joint committees ol county councils, 172,242; of questions as to use by rural district council of board room and offices of guardians, 235. inquiries by, as to compulsory acquisition of lands, 60, 62; application to, of provisions of Public Health Act, 1875, 63, 251 ; expenses of, payment of, 251 ; expenses may include salary of inspectors, 251 ; powers of Board and their inspectors for pur- poses of, 64 h, 251. nomination by, of members of rural district council, 132, 133. notice io he given to, of changes of names of district councils, parishes, &c., 225 ; of resolution of county council transferring to themselves powers, &c, of defaulting district council, 240. Ina :js7 LOCAL GOVERNMENT BOARD— continued. orders of, as to conditions under which county council may i money for Loans to parish council, 90 ; for confirming 01 dis- allowing order for compulsory acquisition of land, 62 ; as to administration of affairs of rural district with Less than five council] ouncil of adjoining district, 132 ; for confei urban powers on rural district councils, 136, 137; fin con- ferring on councils of boroughs or other urban districts, or on representative body in borough or district, the appointmenl of overseers and assistant overseers or powers, &c, of overseers and parish councils, 153 — 155; for conferring on urban districl council or other representative body powers of vestry under Poor Rate Assessment and Collection Act, L869, L56 : for con- firming or disallowing orders of county' council under section 57 of Ad of L888, L59 n. orders of prescribing, form of notice to be given to guardian appointments of overseers, 26 ; as to inquiries and notices with respecl to compuls quisition of land, 58; as to mode df service of order, for compulsory acquisition of land, and of statement as to effect of order, 61 ; period within which memorial to be presented againsl order, defray expenses of parish council ami m< 7 ; form of accounts of parish and district c i and of parish meetings of small parishes, S.\7. provisional order of, for extending <>r diminishing borough to pro- vide for effecl <>n parishes, 223, 224. i" be in for expediting and simplifying procedure under section '>' of 1888 Act, 263 ; text ol regulations as to countj councils, L59 n— 163 n, 332 339 ; text of regulations ghs, 3 I" 3 16. report ol pn to compulsorj acquisition or hiring of land i" be Laid before parliament by, v :;. rules may 1 l>\ modifying enactmen bo publication of notice of audit, and of the abstracl of accounts and report of aud ules to be framed by, dians, l^ 1 ; of parish councillors, I I ; of ui ban districl coun- cillors, 129 : what to be provided in, 204, 206. i period foi ment "I moneys borrowed for adjustment pui ! 16 ; of purposes to which capital moneys ■I under adju itmente to be i ppli< d, 2 17. ing foi powei ol to alteration of | • law union . L69 ; undei -■• tion i ■- Public Health Let, I . ■ L37 ; with maj be framed by, 210. tr u hi j counoil aa to area and bound i LOCAL GO'S ERNMENT REG1STEB OF ELEl TORS, form, with parliament . th( i of parochial I in pai i foi ".i L85 j mi thod of i paroi 1 1 i.i I i Li ■ LOCAL GOVERNMENT REGISTER OF ELECTORS continued. in, L86— 188 ; persons on, to be parochial electors, 5, 179; qualifications for entrj on, ■"> n. L82 n, L83 n. LOCAL ENQUIRIES, S •• Enquiries." LODC4ER QUALIFICATION, for registration as parliamentary elector, L82n. LONDON, district boards of works in {see " District Boards"); guardians in, provisions of section 20 to apply to, L50; Pari 2 of Act not to apply to, excepl w here specially provided, 157 ; provisions as to conferment of powers as to overseers and parish councils to apply to, 155 ; provisions as to disqualifications for office, to apply to, 201 ; vestries in (we " Metropolitan Vestries "); parochial electors in, who are, 254. MAINTENAN( IE, nl closed churchyard by parish councils in certain cases, 32 ; of recreation grounds, village greens, &c, by parish council, 1'.)— 51 ; parish council may execute works of, 53 ; of public footpaths, parish council may undertake, 95. MANAGEMENT, of property of rural parish, transfer to parish councils of powers of overseers as to, 35 — 38. MANAGERS OF ALLOTMENTS, parish council may apply for election of, 39 ; parish council to exercise powers of, 40. MARRIAGES, custody of registers of, in rural parishes, 111. MARRIED WOMEN, entry of names of, on separate list ol parochial electors, 188 n. extension of local government franchise to, 5 n, 178. not disqualified for being elected or being— a guardian, 122 ; mem- ber of parish council, 13 ; an urban district councillor, 128 ; not disqualified for being on local government register or for being elector of any local authority for purposes of Act, 178 ; husband and wife not to be both qualified in respect of one property, 178. MAYOR, of borough to be a county justice dining year of office, 128 n. MEASUREMENT, of distances, 12 n. MEETINGS, S" also " Meetings of Parish Council." absence from, vacation of office for continuous, 200, 201; first meetings of districi councils by whom to be convened, 262 ; power of comity council to remove difficulties as to first meetings, 262, 263 ; ofguardiane and districi councils, appli- Index. MEETINGS— contin cation to, of provisions of Public Bealth Act, 1ST"), 234, 235 ; not to be held on licensed premises, 239; of metropolitan vestries, time of holding, L53 ; penalty for acting or voting at, during disqualification, 200 ; property held by trustees for pur- poses of public, permissive transfer of, to parish council, 96; of rural sanitary authority, use ol board room of guardians 2:',.-). MEETINGS OE PARISH COUNCILS, absence from, vacation of office for continuous, 200. annual, vrhen to be held, L5 ; election at, of chairman, 16, 279 ; irman of previous year to preside at election of chairman at, 17 n ; appointment at, of overseers, 26, 27'.) ; uotice of, to givi n. 2-" : order of business at, 379. buildings may be acquired or provided for, chairman to have casting \ 280. conveni by whom, 279; of first meeti .. 258; diffi- culties a> to, removal of, by county council, 262, 263 ; to be deemed duly convened till contrary proved, 282. not to be held on licensed premises, 239 ; minimum number of, in a year, 281 ; names of members present at, as well as tl voting, to be recorded, 280. hi ,t i 1'. to be given, 280. to be open to public, except when. 281. questions at, how to 1"- decided, 280 ; quorum at, 2 rules in schedule to have effect, I s . 279 283. lolrooms and rooms maintained out of local rates i used for, when, I s 25. MEMORIAL, Lnsl confirmation of order for com] acquisition of land, by whom and when to be presented, "iiit' '1 day, 62. continuon from NUMB1 ., more than uncill i '"■;'• :, iii mon o.Vi 392 Tndi OBSTRUCTIVE BUILDINGS, power of parish council to make complaint or representation a,- to, 38, 39. OCCUPATION ELECTORS, On parliamentary register, L80 n. OCCUPIERS, notices to be given to, of proceedings for compulsory acquisition of land, 58 ; rating of owners instead of, 156, 157. OFFICES, provision of, by parish council, 34, 48. OFFICERS, existing, provisions as to, 263 — 2G8 ; compensation to, 265 ; in- terests of paid officers to be preserved, when powers as to overseers, &c, conferred on urban district councils, 155; disqualification oi paid officers as members of authority under whom serving, 1! ',), 195 //. of parish council, 108—110, 264 ; of parish and district council, making up form, and audit of accounts of, 230, et seq. OPEN SPACE, boating on waters in, powers of parish council as to, 50 n ; closing of, on particular days, 50 n ; laying out improvement and maintenance of, by parish council, 49, 50 ; regulation of, parish council may make bye-laws for, 48 — 50. OPPOSITION, by parish council, of schemes relating to charities, 100, 101. ORDERS, of county council, joint committees, and Local Government Board. See "County Council," "Joint Committees," and "Local Government Board." saving for existiagordersrrf authority whose powers transferred, 273. OVERSEERS, See also " Overseers of Rural Parish." appointment of, by justices, 26 n ; maj be conferred on councils of boroughs and other urban districts, or other representative body in borough or district, 153, 154; on sanitary authorities in London, 155 ; by guardians if authority empowered to appoint fails to notify appointment, 212. consenl of, not required to order vesting legal estate in property in official trustee under Charitable Trusts Ads, 218. to continue in office till 1895 as overseers of new parishes formed under Act, 262. powers of, may be conferred on councils of boroughs and other urban district*, or other representative body in borough or district, 153, 154 ; on sanitaiy authorities in London, 155. qualification of, 26 n. OVERSEERS F RURAL PARISH, appointment of, transfer of, to parish councils, 26 ; to take place at annual meeting of council, :ib - , 27 \) ; transfer of, to parish meeting of small parishes, 117; notice of, to be given to I dex. OVERSEERS OF RURAL PARISH -contiiu . 26j 1 L7 ; by guardians if ;i]i]i rintments aot notified within prescribed time, 212; of additional mimber of, t" replace churchwardens, 28. to continue in office till L895 as of uew parishes formed by A.t. _ churchwardens to cease to be, 28; references t" churchwardens to 1'.- construed as references to, 28. -nt of, not required to order vesting legal estate of property in official trustee under ( Jharitable Trusts A ts, 218. to convene first parish meeting, -l'u : for such purpose ove parish to be deemed ot of every part. 257. legal interest of property vested in. to vest in parish council, 29. payment by, of sums required for expenses of parish council, parish meetings, or polls, 85—87. qual i I' '!■ office of, 26 nl -null parishes having no parish council, incorporation of chair- meeting and overseers, LIS and instruments of body corporate, how to be executed, lis: transfer to body porate of legal interest in parish property, II s . transfer to parish council ofpowers, &c, of, with respect to valuation list anil appeals as to poor rate, county rate, or basis of county rate, :'.:;, 34; provision of parish ho ims, offices, fire .,34, 35 ; holding or management of parish property, village greens, ami allotments, :'>."> 38. trustees oi parochial charities, appointmenl by parish council in place of, '.)7 ; by parish meeting, 117. OWNERS, notice to be given to, of proceeding impulsory acquisition of land 58; rating of, instead of occupiers, 156, l">7: transfer of certain powers of, to parish meeting, _l I. OWNERSHIP ELECTOl parliamentary register, 17:» n ; entered in respect of property in parish in parliamentary borough, to In- deemed on parlia- mei c of parish for purports of Act, 184. OXFORD, \ inj for guardians of. 389. PARISH, alteration of ai if, or.!, y he made under section 57 1888, 170; powei of county council under A.t of ! i-h in more than ilterntion to l„- in.i' :it committee, 171 . • nil to considei h parti) \\ ithin partlj without county, 158; of pai tly within and partly w i'i; ■ 164 ; count) coun< il to ptt» ide i w hole oi pai ish being hi tip nty ■ inition ; in Local A to applj • divided chi PARISH ; n in original poor law union, 171 ; number of guar- ' -' •■ - -main officers of new | ntinue re of ■ i effe, tionofl a ostitution, extension, or diniinu- in London, S " M b politan Andi in parliamentar srship voters in respect of prop* rliamentary register [sh for pi ial electors, l v 4. tly within ai . urban sanitary district 7 : union of, for ele guardians, - PARISH COUNCIL, - m J books, 111. tsof, an — making up and f«.-rni •. 230—233 ; in- by parochial ele. _ how to ' . ified, 1. ; adoptive A - executed by, s L5. applical dividing parish into wards for election ot - 13 ; foi - - ler, 114. ■ temporarily in place Small ■ _ and assistant i 26 : oi d charity in pi verseei I 3, 97 :ional ti - :d charity, 98 ; ot and charities whom vestry now appoint, IOC' 3—110. •• Loans of Parish CounciL" buildings may be acquired or provided by for offi 48. ■ Milan of— c. ■ - irman of parish meeting, whi ,7 . . .itinuance in office of, 16' : determination by, to continue in office in certain event.-, qualifications for ofh 192 27 tings ol .mil may he p 27 - may be convened by, 192 ; lity of retiii: . 2 _ 202; sei -. 280 ; summar to, 12 n ; tern; unty nncil unable to act, 204 ; vacancy in - - 281. : anient Board to county councils as to, 3 ■ I ■ ■ I , 896 Tndi PARISH COUNCIL continued. of, for hiring land for allotments, 73, et seq. Set also "Compul- sory Hiring." legal interest in property vested in overseers bo vest in, 29. legal proceedings by or against, appearance in, of clerk or member authorised for purpose, 282. letting of Lands or buildings bj , 38, 5 I. Loans of. See " Loans." married women eligible for membership of, 13; meetings of. Set " Meetings of Parish Councils." minutes of proceedings of, to be kept, 282 ; evidence of, 282. name of, 17. notices by, how to be given, 213 ; notice to be given to, of applica- tion to Board of Agriculture as to commons, 55 ; of adoption by rural district council of plans for Bewerage or water supply, 108; lit' proposal to make order altering area or boundary of parish, 170 ; service of, on clerk, 281. officers of, 108—110 ; officers of authority whose powers transferred to, to become officers of, 268 ; assistant overseer to be, when, 264. what parishes will have, 2 n. payment by, of expenses of parish meeting, 85. petition of, to Local Governmenl Board against refusal of county council to make order for compulsory acquisition of land, 59. powers, duties, and liabilities of— delegated by rural district council, 105; as to unhealthy dwellings and obstructive buildings, 38 ; as to making representations with respect to allotments, 39, 58 n, 71 : as to applying for election oi allot- ment managers, 39; as allotment managers or wardens, 40; as to dealing with ponds, ditches, drams, &c, 52 ; as to accept- Lng-gifts of property, 53 ; as to execution of works, 53 ; as to recreation -rounds, village greens, open spaces, or public walks, 38, 49— 51 ; as to repair of public footpaths, 95 ; as to acquisition of rights of way, 52 ; as to rights of way, 91, 141 ; transferred from existing authorities under adoptive Acts, 47 ; transferred from churchwardens, 32 ; transferred from overseers or churchwardens and overseers, 33 — 38 ; transferred from guardians, 38; transferred from vestry, 30, 31 ; construction of Acts relating to transferred powers, 218, 219 ; as to providing a water supply, 51. proceedings of, not to be invalidated by vacancies or defects in elec- tion or qualification of members, 281. quorum of, 13 n, 280. representation of, to county council as to inability to acquire land by agreement, 56 ; representation of, to district council as to obstruction of rights of way or encroachment on roadside p waste, 141- right of, to appear at inquiry into proposed alteration of parish boundary and to oppose confirmation of order, 170. rural district council to lie, where parish and district co-extensive, L68. rule- applicable to, 18, 279—284. sale of land or buildings by, 38, 54 ; of superfluous and unsuitable lands by, 67, 09 n. Index. 397 PARISH COUNCIL— continued. schemes relating to charities may be supported or opposed by, 100. 101. ttdino orders of, for regulation of proceedings and busin< time and place of holding parish meetings to be fixed by, 191. transfer to, of property held by trusl public purposes, 96 ; of powers, &c, of existing authorities under adoptive Acts in force in part of parish, 219 : of property and liabilities conse- quent on transferred powers and duties, 243, 244; Bummary proceedings for determining questions as to transfer of powers and property, 249. treasurer of, 110. urban powers may : rred on rural district council on applica- tion of, 1:37. vacancies (casual) on, filling of, 202, 279. satry clerk nut to be appointed by, 110. vice chairman of, appointment and powers of, 281. PARISH COUNCILLORS, ince of office by, 13 n, 279 ; appointed day for coming into oliice of first elected. 269. appointment of, as tiustees of parochial charity in lieu of overseer trustees, :i7 ; as clerk to parish council, J<>^: as treasurer of parish council, ll<>. candidates for election as, attendance of, at parish meetings, 278. ming into office of, ordinary day of, 14. continuance in office of retiring councillors to till vacancies not tilled at annual election, 201. disqualifications lor office of. 192—201 ; removal of, in certain lared vacant on disqualification, 200 ; penalty for acting during disqualification, 200. ction of, appointed day for first, 269 ; to be at parish meeting or poll consequent thereon, 204 ; to be at annual meeting, 7 n; when poll may be demanded for purposes of, l"> n : to l..- bj ochial ' it; i <• I"- conducted according to 1 ul. Local 1 • >. J ument Board, 1 1 ; failure I annual election, continn ince in office . 201 ; division of parish into wa eparate election for . , M ], , i I. I I 1 ; for grouped pat 11 ite elect ion for each pai ish, 1 7:t : p w er ol acil to order new, when pari ail unable to act, 203, 204 ; removal of difficult a to be held when pai ish and rural district pro .11//. lo // ; VOting at, number I 1 ' ■ m. n pied women inaj be, 13. meetinj I by, 279 li mei ting may number of, in. 1 qualifi 10 12 11 ni from il'llit\ 398 Index. PARISH COUNCILLORS continued. term of office of, L3, 203. vacancy, casual, in office of, filling of, 13 », 202, 279 ; retirement of person elected to fill, 203. vacation of office of, by continuous absence Erom meetings, 200; office to In 1 declared vacant, 200. PARISH MEETINCS, Set also " Parish Meet in Parishes having no Parish Council." ounts of charities to be laid annually before, 102 ; to be entered on minute book, 103 ». adoption of adoptive Acts by, 41 ; in part of parish, 47 ; majority required for purposes of, 45. application of, for establishment of parish council in small parishes, 3 n, 175 ; for grouping order, 174 ; for establishment of parish council on increase in population, 175; for dissolution of parish council on decrease of population, 176 ; tor formation or dissolution of school board, 215. to assemble, how often, 7 ; hour of assembly of, 7 ; annual assembly of, date for, 275 ; election of parish councillors to be held at annual assembly, 7 n ; time and place of assembly, 191. buildings may be provided for, by parish council, 48. business which may be transacted at, 276. candidates for election as parish councillors may attend at, 278. chairman of, accounts of charities to be submitted to meeting by, 103 n ; casting vote of, 278 ; may be chosen by meeting, when, 7 ; to be chairman only of meeting at which chosen, 8 n ; chairman or vice chairman of parish council to be, when, 7 a, 191 ; decision of, final, unless poll demanded, 276 ; duties of, summary of, 9 n ; at which first councillors nominated, to convene first meeting of parish council, 257 ; notices to be served on parish meeting may be served on, 279. consent of, to sale or exchange of property by parish council, 54 ; to expenses of parish council, when involving rate exceeding threepence or loan, 83 ; to support or opposition by parish council of scheme relating to charity, 100, 101 ; substituted for that of owners and ratepayers for certain purposes, 214 ; substituted for that of vestry for certain purposes under adoptive Acts, 46. to consist of parochial electors, 5 ; constitution of, 1. to be convened, by whom, 192 ; first meeting, 7 n, 257 ; to be deemed duly convened till contrary proved, 282. determination by, of retiring councillors to continue in office in certain events, 201. difference between constitution of vestry- meeting and, 6 n. election of parish councillors to be at, or poll consequent on, 204 ; procedure at meeting for election, 278. expenses of, how to be defrayed, 10; to bepaidoutof poor rate, 85 ; to be paid by parish council, 85 ; powers to obtain payment, 85, 86 ; certain particulars as to, to be shown in demand note for rate, 87. grouped parishes to have separate, 2 ; consent of, required to group- ing, 2 ; grouping order to make provision for meetings, 173 ; grouping order may provide for consent of, to particular acts of parish council, 173 ; grouping order may be made on Index. 399 PARISH MEETINGS— continued. application of, 174; dissolution of group on application of, IT.".. instrum . to be deemed duly executed, when, 2 minutes of proceedings of, to be kept, 282 : evidence of, 282. notice of, to be ." ; w to be ^13; notices to, may 1 on chairman, 279. meaning of term, 2 n. for part of parish— adoption by, of adoptive Acts, 47: consent of, maybe required to certain acts of parish council, 173 ; order of county council as to . does not requires confirmation, 177 ; who entitled to attend and vote at. 211 ; provisions as to parish meeting for whole parish to apply to, 211 ; may transfer to parish council powers under adoptive Acts in force in part, 21!J ; may require parish council to appoint joint committee of members of council and representatives of part, for exercise of powers in relation to part, 2 poll consequent on, to be taken by ballot, 9 ; when and by whom may be demanded, 276 — -" •Sub-Poll." qui it, how to I"- decided, 9 n, 27<;. •lution of, that parish council oughl not to consent to diversion or stopping up of right of way, or 1 ration that highway unnecessary, 91. rule, a- to, 10 - schoolroom and rooms maintained out of local rates may be used lor, when, l 1 - 25. Btanding orders for regulation id business of, 283. transfei in powers of owners and ratepayers of parish, 214; construction of i ting to transferred powers, 218, if powers, summary proceedings for determining, 2 19. voting at, or at poll consequent on, 6. for ward of a parish, for election of parish councilloi 3, 113 . when and where to be held, 191 ; not to be held on licensed premi PARISH MEETINGS OF PARISH HAVING No PARISH COUNCIL, 1 up and form o£ n of, by parochial ele< of charities to I"- laid before annually, 102 ; to ■ :'d on minute 1 1.. 103 /'. how t" be signified, I 20. ap] appointment b when g ivej amenl trusl I I 7. I lai ni< li in.! >'\ , 103 400 Index. PARISH MEETINGS, &o.— continued. to be communicated to, LOO ; duties of, summary of, 9 n ; may convene parish meeting, L92; election of, al annual assembly, L15; notices required to be served on parish meeting maybe served on, 279 ; witb overseers to be body corporate, 118; acts and instruments of body corporate how to be executed, 118; transfer to body corporate of Legal interest in parish property, 118 ; powers of, to obtain payment of expenses of meetings and polls, 86; no qualification required by, 116 a; re-eligibility of retiring, 202; resignation of, 202; summary of provisions us to, L16 n ; term of office of, 8 n, 115, 116 n ; of first chairman, 258 : time and place of holding parish meetings to be fixed by, l!)l ; vacancies (casual) in office of, filling of, 202. committees of, appomtmenl of, L16 ; acts of, to be approved 1>\ parish meeting, I 1 7. consent of, substituted for thai of owners and ratepayers in certain cases, 214. in be convened, by whom, l ( .)2; first meeting, 7 u, 257; to be deemed duly convened till contrary proved, 282. expenses of, to be paid out of poor rate, 85 ; powers for obtaining payment of, 86 ; limit of expenditure, 11!). instruments of, how to be executed, 12". in grouped parishes, powers of parish council and parish meeting in, 115 n. minutes of proceedings of, to be kept, 282 ; evidence of, 282. notice of, to be given, 275 ; how to be given, 213. notice to be given to, of proposal to alter area of parish, 170 ; may be served on chairman, 279. powers and duties of — with respect to stopping or diversion of public rights of way, 119; as to declaration that highway un- necessary, 119 ; as to complaints to county council of defaults of district council, 119; additional powers maybe conferred on, by county council, 120. poll may be demanded at, when and bv whom, 276 — 278. See also " Poll." proceedings of, regulation of, 283. questions at, how to be decided, 276. right of, to appear at inquiry as to proposed alteration of boundary ol parish, and to oppose order, 170. rules as to, 10, 275—278, 282—284. time and place of meeting to be fixed by chairman, 191. transfer to, of certain powers of owners and ratepayers of parish, 214; of powers, &c, of vestry, 117 ; construction of Acts re- lating to transferred powers, 218, 219. PARISH PROPERTY OF RURAL PARISH, See "Property of Rural Parish." PARLIAMENT, general orders of Local Government Board conferring urban powers on rural district councils to be laid before, 137 ; order of Local Government Board overruling decision of county council as to ordei for compulsory acquisition of land to be laid before, 60; report of proceedings for compulsory acquisition or hiring of land to be ore, 83. Index. 401 PARLIAMENTARY REGISTEE OF ELECTORS, consists of ownership electors and uccupation electors, L79 el( Lstered in, te in districl not comprising parish in which qualifying property situate, to be entitled to vm parochial elector for that parish, 186; to Eorm with local government register the register of parochial electors, 179 ; to Be framed in parts for wards, L85 ; method of distinguishing parliamentary, county, and parochial electors in, 1*6 — 188; occupation electors on, L81 n, 182 n : ownership electors on, 17!> n, L80*t; ownership voters in respect ot property in parish in parliamentary Borough to be deemed to be on, for purposes o1 c of parochial electors, 1S4 ; persons on, to Be parochial electors, 5, 1 79. PAROCHIAL CHARITY, accounts of, to be annually laid before parish meeting, Mi:>; to be entered on minute book of parish meeting, 103 it. appointment by parish council— of trustees of, in lieu of ovei trustees, 97 ; of additional trustees of, 98 ; number of additional tn: allowed by Charity Commissioners, 98 ; in lieu of vestry, lit' trustees of, 100 ; provisions as to appointment by i.-li council of trustees not to apply to recent foundations, 104. appointment by parish meeting of small parishes of additional trustee when government vested in sole trusti e, '- |s ; of trust in place of overseer trustees, 117; of trustees and beneficial now appointed bj vestry, 100 n. Appointment by urban district council ol trustees of, on nomination of councillors for wards, where council invested with powers "I paiish council as to appointmenl oi trustees, 15 1. appointment of trustees ana beneficiaries of, in parish divided by Act, L68 : in grouped parishes, 174. definition of, 255. dole charities, names of beneficiaries of, to be published annually, 102 donor of, living, maj consent to appointmenl by parish council ol tru tees, L04. governing body of, appointment of additional members of, by parish council where no elected representatives of parisl '.» v . I vnal < lovernmenl Board i osult Charity Commissioners before m :'.:'. w iih, 156. property of, held bj trustees, permissive transfer of, to parish Qcil, 96. iting to, di ill of, i" be communicated to parish council, [00; i" chairman of parish meeting where no '. 100; ipporl 'a opposition of, li\ parish council, 100, 101. inn I. J !•• I'.u i li i ouncil of powei 100 ; to pai i ih up etiug, UK) n. not to I"- benel . terra ol offi< e ol trusl appointed bj p incil, 103 | ole ippoint- i u , i,t by, and by pari li coun< U "I two additional i ■ 98. PAB0< in LLCOMMN appointmenl of p u of, 105 tion nil. ll ol I to, H Diinary of i Public tiealtl t". lOfi ; •-]•■! k to l ui.il di i parish a. il ad 1 10. •102 Index. PAROCHIAL ELECTORS, who are, 5, L79 ; in urban districts, county of London, and county boroughs, 25 1. application of, for division of rural parish into wards, 113; for varying or revoking Buch order, 1 14. attendance of, at parish meeting for ward or other part of parish, 211. to be electors of guardians, 123 ; of parish councillors, 14 ; of urban district councillors, I :.'!». electors registered in parliamentary register of electors to vote in districts not comprising parish in which his qualifying pro- perty is situate entitled to vote as parochial elector for that parish, 186. inspection by, of books and accounts of parish council, parish meeting, and rural district council, 234. list of, preparation of separate, 187 ; to form part of parochial register, 189. method of distinguishing in registers, parliamentary, county, and, 186—188. nomination of candidates at elections by, 204. parish meeting to consist of, 5 ; may be convened by six, 192. poll may be demanded at parish meeting by, when, 276 — 278. qualifications of, 5 n ; qualified to be guardian, 121 ; urban district councillor, 128. register of. See " Register of Parochial Electors." votes of, at parish meetings, polls, and election of parish coun cillors, 6 ; at election of guardians, 124 ; at election of urban district councillors, 129 ; persons on register alone entitled tc vote as, 179. PAROCHIAL OFFICES, provision of, 19 n, 35 n ; transfer to parish council of f>owers of overseers as to, 34. PASSAGE BROKERS, grant of licenses for, 143, 153. PASTURE, common, acquisition of land for, 71 ; regulations as to, 71 ; per- manent, not to be broken up for allotments without consent of landlord, 79, 80. PAWNBROKERS' CERTIFICATES, grant of, by district council, 143 ; by county borough council, 153. PENALTY, for acting or voting during disqualification, 200. PETITION, election, application to, of powers applicable to municipal elections, 206. of guardians against orders altering area and boundaries under Part 3, 171. of parish or district council to Local Government Board against refusal of county council to make order for compulsory acquisition of land, o!), 60 ; of parish council or parliamentary electors to county council on default of district council as to allotments. :j!), 58 n, 71 ; of parish council or parish meeting Index. 403 PETITION— contin against confirmation of order alteri lary of parish, I ' of parish meeting— for establishment of parish council on increase in population, L75 ; for dissolution of parish council on decrease in population, 176 : second petition for, uot to be presented within two years of rejection of previous petition, 176. against orders under section 57 of Act of 1888, reduction of time for, 177. PETROLEUM, local authority for executing Acts relating to, district council to be, 144 ; county borough council to be, 153. PLANS, for8ewerage oi water supply, notice of to be given to parish council by rural district council, 108 : deposit of, with clerk or chairman of parish council, when required to be deposited with parish clerk, 110. POLL, consequent on parish meeting, to be taken by ballot, 9 ; election of parish councillors to be at parish meeting or at, 204 ; as to election of parish councillors, when, can be demanded, 1"> n ; expenses of, how to be defrayed, 10 ; to be paid out of poor rate, 85 ; power to obtain paymenl of, 85, 8671 ; majority at, to applications for formation or dissolution of 3chooJ boards, 215, 216; for certain matters under adoptive Acts, 45 ; pro- tons as to poll at fiction of parish councillors to applj to, 211 ; voting at, 6 : voting at for part of parish, -2\\ ; when and by whom may be demanded, 276 278. at elections under rule- framed under Act- days and hours of. 205 ; to he taken together in certain caseB, 205 ; expression "elec- tion," includes, 25 I. PONDS OB POOLS, powei - o\ parish council to deal with, '>-. POOP LAW a< TS, trai parish meeting of certain j f owners and rate- inder, 2] 1. POOB LAW INK iN. alteration of, by counl K ition "f area which lid alter boundaries of union in two or mure counties to be uit commit) . 1 71. in more thai tn numl [uardian • or their 1 • d by joint commits i by divi ion ol be in union 171. POOB 1 appeals in 1 . . 1 t] Old Doll tO out 404 Index. POOB i; Ml" ASSESSMENT AND COLLECTION ACT, 1869, powers of vestry under, may be conferred <>n urban district council or other representative body, L56 : provisions of, as to rating of owners instead of occupiers, L56 n, 1">7 n. POPULATION. references 1", meaning of, 254 ; variation of, provisions for estab- lishment or dissolution of paiish councils on, 175, 176. POSTPONEMENT, of transfer to rural district council of powers, &c, of highway authorities, 134, 268, 271. PRECEPTS, saving for current, 272. PRESCRIBED, means prescribed by Local I lovernment Board, 257. PRESERVATION, of books and documents of parish, duties of county council as to, 112. PROCEEDINGS, of committees of parish or district councils, regulation of, 284. for determining summarily questions as to transfer of powers and vesting of property, 249. of district council (other than borough council) and of board of guardians, application to, of certain provisions of Public Health Act, 1875, 234, 235. legal, by or against parish council, who may appear in, on behalf of council, 282; district council to take, on representation of parish council as to obstruction of right of way or encroach- ment of roadside waste, 141. minutes of proceedings of parish council or meeting to be kept, 282. of parish council, not to be invalidated by vacancies or defects in election and qualification of members, 281 ; standing orders may be made for, 283 ; of paiish meeting, regulation of, by standing orders of parish council, 283. saving for powers of Local Government Board as to proceedings of guardians, 236 ; saving for current, legal or otherwise, 272 ; for pending or existing, -!73. PROPERTY, adjustment of — on creation of borough or new urban district, or extension or diminution of urban district, 223, 224 ; on dissolu- tion of group of parishes, 1 7o : on separation of parish from group, 176 ; general provisions as to, 244—247 ; by county council in connection with alteration of areas made by Act, 247, 248 n. of existing authorities under adoptive Acts, on supersession, 221. of improvement commission having harbour power?, apportionment of, between commission and district council, 243. summary proceedings for determining questions as to vesting of, 249. temporary provision may be made for management of property of area- altered by Act, 247, 248 n. transfer of, consequent upon transfer of powers and duties, 243,244. Index. 405 PROPERTY OF RURAL PARISH, part of parish with defined boundary having separate property, con- senl of parish meeting for part may be required to certain acts of parish council, 17:'.: appointment of joint committee of mcil, and representatives of part to exercise powers as to, 227. 230; sale, exchange, or letting of, by parisb council, 38, S nsent of pari-li meeting required to sales or exchanges, 54 ; consent of Local Government Board or Charity Commissioners required to, when. 5 I, 55. summary proceedings for determining question as to vesting of, - 19. trail body corporate, consisting of chairman of parish meeting and overseers of small rural parish, of Legal interest in, 118 ; transfer to parish council — of legal interest in, when vested in overseers, 29; of powers of overseers as to the holding or managemenl of, 35—38; of p lardians as to Bale, exchange, or letting of, 38 ; of property held by trustees for public purposes or charities, 96. works of main or improvement in relation to, power of parish council I ite, 53. PROPERTY QTJ A LIP 1 CAT 10 N , for office of guardian, repeal of, 122, 123 n ; of urban district coun« ciUor, abolition of, 128, 129. PUBLIC, meetings of parish council to be open to, when, 281. PUBLICATION, of abstract of accounts and auditor's report, modification of enact- ments as to, 233 : of change of name of distrij I council or then district. 22.") ; of names of beni of dole i harities, I of notices of parish meetings, 213 ; of notice of audit, modifica- tion of enactments as to, 2:::;. PUBLIC HEALTH ACT, L875, application of pro vi , to inquiries hj Local Government Board, l',-,1 ; application of pro^ isiona of, to loans of parish councils, ; application of pro\ isions of, to "'I rural district councillors and guardians, 234; application oi provision ludit "i aci ounl of urban and rural district and pari h PUBLIC IMPROVEMENT .\< I adoption of, in rural p W ■ majoritj required for, alteration in which in I '2. of, to l"- sanctioned bj pariah . 16. loai .mi' il t prop* rl I liabilil ' authority undi the put ■'" ,l "" ' meeting requii l< of, nol t" I '7. iiii.o v oi ■106 Index. ITBL1C IMPROVEMENT ACT, I860— continued. transfer to pariah council, of powers of existing commissioners under, 47 ; when in force in pari of parish, 21!) ; transfer to parish councils, or parish and urban district, councils of powers of existing authorities under, when area situate in several parishes, 220. PUBLIC LIBRARIES ACT, 1892, adoption of, in rural parish, 41 — 48; baremajority of votes required for, 45 n ; mode of voting as to, 45 n,, 46 n. alteration of area in which in force, 222. expenses for purposes of, to he sanctioned by parish meeting, 45 n, 46 ; loans of parish councils for purposes of, 88, 90. parishes may combine for execution of, 45 n. parish council to be authority for executing, 48. property, debts, and liabilities of superseded authority under, 221. rate for purposes of, limitation of, 45 n; reduced assessment of land to, 45 n ; incidence of, not to be affected, 47. summary of provisions of, 44 n, 46 n. 1 ransfer to parish council of powers of existing authority under, 47 ; when in force in part of parish, 219; transfer to parish councils or parish and urban district councils of powers of existing authorities under, when area in several parishes, 220. transfer to urban district councils of powers, &c, of existing autho- rities under, 240. PUBLIC WALKS, acquisition of land by parish council for, 49 ; closing of, on parti- cular days, 50 n ; laying out, improvement, and maintenance of, by parish council, 49—51 ; regulation of, parish council may make bye-laws for, 49 — 51. QUALIFICATION FOR OFFICE, of chairman of board of guardians, 125, 234 ; of chairman of parish council, 10, 16 ; of chairman of district council, 234. of guardian, 121 — 123 ; repeal of statutory provisions as to, 122. of member of metropolitan vestry, district board of works, or Woolwich Local Board, or metropolitan auditor, 150, 151. of overseer, 26 n. of parish councillor, 10, 11 n. of rural district councillor, 131 ; person qualified to be guardian of union comprising district qualified to be, 131. of urban district councillor, 128. of vice-chairman of board of guardians, 125. QUALIFICATIONS, of occupation electors for registration as parliamentary electors, 180 n — 182 n ; of ownership electors for registration as parlia- mentary electors, 179 n, 180 n ; for entry on local government register of electors, 5 n, 182 n, 183 n. QUARTER SESSIONS, transfer of powers of, as to Licensing knackers' yards to district council, 144, 145 ; to council of county borough, 153. Index. 407 QUESTION-. barities, determination of, by Charity Commissioners, subject to appeal, 249, 25a in connection with use of schoolroom, &c, for meetings, &a, d mination of, 25 ; as to use by rural district council of board room and offices of guardians, determination of, 2:;.">. as to disputed compensation on compulsory purchase of land, deter- mination of, 65 ; to be determined by arbitrator in connection with compulsory hiring of land, 74 — 76. as to constitution or procedure of joint committees how to lie deter- mined, 172, 242. at meetings of parish council, how to be decided, 280 ; at parish meetings, how to be decided, 276. as to transfer of powers, and as to vesting of property, summary proceedings for determination of, 249. QUORUM, of committees of parish or district council, 284 ; of parish council, 13 n , 280. RAILWAYS CLAUSES CONSOLIDATION ACT, 1845, order for compulsory acquisition of lands to incorporate certain sections of, with adaptations, 65, RATE, committees of district council not to make, 226. for expenses of parish council, nol to •.'<-, not to exceed ?>'! . without consent of parish meeting, 83 ; annual charges for loan 'I in exp ir purposes of limit of rate, 85; basis of calculation for, 84 h, s"< : demand note for, to show certain particulars as to expenses, 87. for exp fparish meeting of parish having no council not to 6 I., 1 L9. incidence of, nol to be affected by order conferring powers as to ov< ' parish councils in urban districts, and in London, 155; incidence of, under adopl , not to be affected, 17 Baving for current, i RATEABLE VALUE, definition of term, 266. RATEPAYERS, transfer to parish m< if certain powers of owners and, 21 1. RATINi of OY RECREATION Gl tion "I land bj allotment for, tran ii ni of, 3 boating on waters in, p held foi |' o ' o! I 408 Index. RECREATION GROUNDS continued. laying out, improvement, and maintenance of, by parish council, 49 61. regulation of, parish council may make bye-laws for, 49 — 51. transfer to parish council of, when held by trustees, 96. RE-ELIGIBILITY, of retiring parish councillor, or chairman of parish council or meeting, 202 ; of guardian, district councillor, or member of metropolitan vestry, or Woolwich Local Board, 207. REGISTER, of mortgages of parish council, 89 n; of baptisms, marriages, and burials, custody of, in rural parishes, 111. REGISTER OF PAROCHIAL ELECTORS, adjustment of, by direction of county council to correspond to alterations of area, &c, made in 1894, 270. conclusive as to right of persons to vote, 18.3 n. method of distinguishing parliamentary, county and parochial electors in, 186—188. double entries in, 189. elector registered in parliamentary register to poll in district not comprising parish in which his qualifying property is situate to lie entitled to be entered on register of parochial electors for that parish, 186. to he made up of local government register and parliamentary register of electors, 179 ; to be framed in parts for wards, 185 ; in parts necessary for purpose of first elections under Act, 271. ownership electors in respect of parish in parliamentary borough to he deemed on parliamentary register of electors of parish for purposes of, 184. right to be registered in more than one, 185. separate lists to form part of, 189. REGISTRATION, circular of Local Government Board as to, 318. UKGULATION, of commons, parish council may apply for, 49 ; of recreation grounds, village greens, open spaces, or public walks, parish council may make bye-laws for, 49 — 51. REGULATIONS, Set also" Rules." of county council as to security to he, given by treasurer of parish council, 110. L'M'al Government Board to make, for expediting and simplifying procedure under section 57 of the Act of 1888, for purpose of hi inging 1894 Act into immediate operation, 263 ; text of regulations as to county councils, 159 n — 163 n, 332 — 339 ; text of regulations as to county borough councils, 340 — 346. Bavins for existing, 273. RELIEF, disqualification for office by receipt of, 192, 193 n ; of the poor, Acts for, transfer to parish ?neeting of powers of owners and ratepayers under, 214. Index. 409 REMOVAL OF DIFFICULTIES, to first elections, first meetings, &&, 2G2, 2G3. REMUNERATION, of clerk of parish council, 108, 109 ; treasurer of parish council not to receive, 110. RENT, payable by parish council on compulsory hiring, by whom to be determined, 74 ; not to be increased on account of compulsion, 76 ; matters to be considered in fixing, 77 ; payable by tenant, apportionment of between land compulsonly hired, and remainder of holding, 76, 7- REPAIR, of dosed churchyards by parish councils in certain i ■ • - ; of public footpaths, parish council may undertake, 95 ; of pro- perty of rural parish, 53. REPEAL, of enactments authorising guardians to appoint assistant overseers, 265. of enactments specified in schedule to act, and of enactments inconsistent with Act, 274 ; of provisions as to qualification of guardians, 122 ; of provision- a- to qualification of member of urban sanitary authority, 128. REPORT, of arbitrator as to condition of land compulsorily hired, deposit and inspection of, 7^ ; of Boub ommissionera to lie con- sidered by county and borough councils, 172 ; to parliament, of ;., compulsory acquisition or hiring of land 83. REPRESENTATION, by dist] II. an- Secretary as to abolition or alteration of day for holding lair, 11 1. by parish council, as to unhealthy dwellings or obstructive build- ing to inability to a< quire land- by agreement to allotments, 39, "' s n, 71 ; i- to inability to hire land foi allotments bj agreement, 7- obstruction of right •>! waj ucroachmenl i n roadside waste, 111. by parliamentary eL to allotments, 39 n. REPRESENTATIVE BODY, in bore othei urban district, powers of appoints and : parish 1 3, L 64. applii ation : : confermenl mi RESIDENTIAL QUALIFICATION, fa office of chairman of p i irdian, 121 : for on un- til] RESIGNATION, ■ ■I chaii in in ol pari h i ouncil oi pai i in. ml I \\ o.,|\\ 110 Index. RESTRICTIONS, on expenditure of parish councils, 83—85; of parish meetings of parishes having no council, 1 19. RETIREMENT FROM OFFICE, of firsl chairman of parish meetings, 258. of guardians, by thirds annually, 124; simultaneous retirement hy direction of county council, 124 ; continuance of simultaneous retirement now in force till county council otherwise direct, L25 : powers of county council to regulate, 237 ; elected at. first election under Act, 259. of paiish councillors, 13; elected at first election, 258; elected to (ill casual vacancy, 203 ; re-eligibilitv of retiring councillor, 202. of rural district councillors, provisions as to guardians to apply to, 131 ; powers of county council to regulate, 237 ; elected at first elections, 259. of urban district councillors by thirds, 130; simultaneous retire- ment hy direction of county council, 130 ; elected at first elections, 259, 260. of vice-chairman of guardians and district council, 235. RETURNING OFFICER, appointment of, for purposes of first elections of guardians and dis- trict councillors, 258. at elections under rules framed under Act, 205 ; to have use of ballot boxes, &c., 206, 210. first meetings of district councils to be convened by, 262. REVISING BARRISTER, duties of, as to distinguishing in lists of voters between parliamen- tary, county, and parochial electors, 187. REVOCATION, of appointments of assistant overseers hy parish councils, 26 ; by parish meeting of small parish, 117; of order dividing parish into wards for election of parish councillors, 114. RIGHTS OF WAY, See also " Highway." acquisition of, by parish council, 52, 53 ; not to be acquired com- pulsorily, 70. diversion or stopping up of, consent of parish and district council required to, 91; notice to lie given of resolution of parish council giving consent to, 91 ; resolution not to operate till con- firmed, 91 ; summary of provisions of Highway Acts as to, 91 n, 92 n ; effect of Act on former practice as to, 93 n, 94 n ; powers of parish meeting in small parishes as to, 119. protection of, duties of district council as to, 138 — 142; on repre- sentation from parish council, district council to take pro- ceedings for, 141 ; on default of district council powers may be transferred to countv council, 141 ; provisions applicable to such transfer, 240, 241. ROADS, PUBLIC, See " Highways." Index. 411 ROOMS IN SCHOOL-HOUSE AND ROOMS MAINTAINED OUT OF LOCAL EATE, use of, in <■> ■ for parish meetings or meetings of parish council, 18, 22 n ; for inquiries for parochial purposes bj G ivernmenl Departments and local authorities, 18, 23 ; meetings to discuss questions as to allotments, 1 ; for meetings of candidates for district or parish council, 18, 23 n ; elections, 206; for committees or officers appointed to administer public funds, 18, 24 k ; to ' d only when no suitable public room vested in parish council, &c, 18, 20 n; no charge to be made for use of, 18. damage or expense in connection with use of, how to be defi questions as to use of, how to be determined, 25. reasonable time for use of, 21 n ; reasonable notice to be given of intention to use, IS; what is reasonable notice, 21 n. RULES, See also "Regulation-;.'' to comn. f parish and district councils, 228, 284. ons of guardians, 124 ; of parish councillors, 11: of urban district councillors, 129; to provide, for nomination of i didates, 204; for preventing voting or nominating for more than one parish or ward, 204; as to fixing days and houi polls, 205 ; for polls being taken together in certain cases, 205 ; for the appointment of returning offi 2 5; maj provide for retention of present incidence of charge of expenses of i tii : rdians, 208, 209 n. modifS tments as to publication of notice of audit and of tract oi id auditors' report, 233 as to parish councils, L8, 279 — 284. as to parish m< etings, 10, 275—278, 282—284. RURAL DISTRICT, i "County Districl " and ;> Rural Sanitary District." with less than five council omination bj Local Government Iditional councillors, 132, 133; temporary adminis- . by council of adjoining district, 132 ; union ighbouring district, L67. com icil i" provide ' For whole districl being in one mty, L66, L67 ; for whole parish being in the district, 107. up of parishi in one, 171. me of, cl ■; publication and notification "i changeof, 22 J - ines, 225. litary di itricl in Led, 126. RURAL DISTRIl T ' OUNCIL, 1 1 • and ::i ; in- appoint menl "1 \< chi 192 ; quali 131. 412 Index. RURAL DISTRICT COUNCIL— continued. cleric of parish council acting as parochial committee to have services of, no. committees of, appointment and powers of, 226, 227 ; rules in schedule to apply to, 228, 284; term of office of, 226. consent of, required to stopping or diversion of public right of way, 91. to consist of chairman and councillors, 130. councillors of. Set "Rural District Councillors." defaults of, complaints of parish council to county council as to, L05— 107, 141, 242; complaints by parish meeting in small parishes as to, 119. delegation of powers to parish council by, 105; delegation to, of powers of county council, 242. duties of, as to protection of rights of way and roadside waste, 138 ; duties of, on representation of parish council, as to unhealthy dwellings or obstructive buildings, 38 n, 39 n\ as to allot- ments, 39 a ; as to stopping or obstruction of public right of way or encroachment on roadside waste, 141. employment of, as agents of county council, 242. expenses of, to be defrayed as expenses of rural sanitary authority under Public Health Act, 1875, 146 ; highway expenses to be defrayed as general expense's, 146; highway expenses may be charged on contributory place, when, 149 ; highway expenses defrayed out of income of property belonging to parish, parish to be entitled to benefit, 150; provisions of Public Health Act, 1875, as to general and special expenses, 146 n — 14!) n ; special expenses chargeable to contributory place may be directed to be raised in like manner as general expenses, 149 ; expenses of county council in execution of powers of defaulting authority, to be defrayed as expenses of, 241. inability of, to act, powers of county council in case of, 236. incorporation of, 133. joint committee of parish council and, or of other district council and, appointment, powers, and terms of office of, 228, 229 ; costs of, bow to be defrayed, 229. loans raised by county 'council for purposes of executing powers of council in default, to be repaid by, 241. meetings of, application to, of certain provisions of Public Health Act, 1875, 234 ; vacation of office for continuous absence from, 200 ; not to be held on licensed premises, 239 ; first meeting of, by whom to be convened, 262 ; power of county council to remove difficulties as to first, 262, 263. name of, 133; doubt as to, to be determined by county council, 133 ; change of, 225 ; publication and notification of change, 225 ; change not to affect rights or obligations or legal pro- ceedings, 225. nomination of members of, by Local Government Board, when consisting of less than five councillors, 132, 133. notice to be given to, of resolution of county council transferring powers of defaulting council, 240; notice to be given by, to parish council of plan- for sewerage and water supply, 108. officers of authority whose powers transferred to, to become officers of, 263. to be parish council of parish co-extensivc with their district, 168. lex. 413 RURAL DISTRICT COUNCIL— cmtm\ powers, &C., of— as to maintenance of rights of common, 138 : timons in their district, 138 — 142 ; as to highways, to have powers of urban sanitary authority, 134; as to highways repairable by parish or particular | . higlrfl repairable ng of knack 1 44, 1 45 I from justices out - n, 142 144; transferred from highway authorities, L34 ; transferred from rural sanitary authorities, 134: urban powers may be ferred by general • i ernment rd, 136, 137 ; by whom applications for urban | may be made, 137. proceedings of, application to, of provisions of Public Health 1875. 23 1. 235. for every rural sanitary district, 126. of, 133. to be si of rural sanitary and highway authorities, 134. transfer to— of certain powers of justices dona, I 12—144; of powers of quart ms as to licensing knackers' yards, 144. 11"); of property and liability quenl on transfer of and dul 3, 244; summary proceedings for deter- mining qm stions as to trai 19. transfer to ■ of powers of, as to rights of way, rights ommon and roadside waste, 111 ; in case of default, 106, 107 ; provi uch transfei 241. vice-chairman of, appoints m of office and powers of, 235. RURAL DISTRICT COUNCILLORS, ptance of office by, members of council of adjoining district, \vli>ii affaii their districl administered by that council, 132. appointed day for coming into office of firsl elected, 21 • i,i Board to county council I . purifications for office of, 192 201 ; of person disqualified offi lian, L99 : office to be declared va< ant, 200 ; isqualific ktion, _ ted bj pai ish< and other ai lardians, 1 I'.' >. pointed da) for fii i union , 131 ; i ouncil u 1 ■ V to 1 ' 1 ■ nomination I. urn 1 1 I Index. > RURAL DISTRICT COUNCILLORS continued. qualification of, provisions as to qualification of guardians to apply to, 131 : person qualified to be guardian of union comprising districl qualified to be, 131. iv eligibility of, on re1 irement, 207. resignation of, 207. retirement from office of, provisions as to retirement of guardians to " Property of Rural Parish." with less population than 200, county council to consider ever] nnioi . for pur] election of rural district councillors, rural dis uncilloi's of, to be guardians for parish, L31. rural sanitary district co-extensive with— county council to se of, 166 ; di ouncil to be parish council of parish pending union of district with adjoining district, L68. d in, application for the formation or dissolution of, to be made by parish mei I 5, ^'16. RURAL SANITARY AUTHORITIES, existing, until firsi rural district councillors 261 ». du >ns of distrii 258. \ isions as to, 263 — 268. rural district council to be successors of, 13 1. transfer to rural district council of ]><>\\ of, I.", I. RURAL SANITARY DISTRICT, inty, I >i :i Let, and Kir I." f, what is, -l n. to be called rural disti ict, 1 26. in more than one county part in cadi county to b ate rural district, 132; county council to consider every case of, I alteration of i , to be made by joint committee of 171. : ish in, t ; for obligation of district council as to supply of water and execution of sanitary works, 55. for pending actions, 273. of power-. &c, of Charity Commissioners as to schemes, 98. of powers of comity council as to roadside waste, 142. of powers, &c, of guardians elected under local Acts, 239. of powers of I. mal Government Board, mule]' section 276 of Public 1 lea I tli Act, 1875, 137 ; as to alteration of poor law unions, 169 ; as tn proceedings of guardians, 236. of powers of Secretary el' State Eor War In nominate members of Aldershot Local Board, 236. of powers of urban sanitary authorities, notwithstanding change of name, 272. for style or title of corporation or council of borough, 126. for valuation lists, 272. SCALE, of expenses of elections, county council to fix, 210 ; Local Govern- ment Board may ti\ for first election, 210. SCHEME RELATING TO CHARITV, draft of, to be communicated to parish council, 100 ; to chairman of parish meeting when no council, 100; notice of, to be published by Charity Commissioners, 101 n ; summary of pro- visions as to making of, by Charity Commissioners ami appeals against, 101 n, K>2 ;'. SCHOOL BOARD, application for the formation or dissolution of, maybe made by parish meeting, 215, 216. SCHOOLROOMS. See "Rooms in School House." SCHOOL SITES ACTS, transfer to parish meeting of certain powers of owners and ratepayers under, 214. [LLY ISLANDS, Local Government Board may by provisional older apply Act to, 252, 253. lex. I 1 7 SEAL, of rural district council, 133 ; parish council has not a, 17. SEALING, instruments of parish ci uncil, 17. of instruments of body corporate of chairman of parish meeting and overseers of small rural parish, 118. ofinstrumi i rish meeting in sin til parishes, 120. SECRETARY OF STA1 E, irmination by, of is for meetin For War. saving for powers of, to nominate members of Aldershot Local Board, 236. SECURITY, assistanl erto give, ■!', n ; for loans of parish councils, 88 : -hi .-r of parish council to give, II" : 3aving Eor existing . 272, ■!','.). SEPARATE PARISH! formation of part of parish within and part without rural district into, -1 ; formation of parte of parish in more than one urban district into, 1«:7 ; parishes t>> 1"' in union of original parish, 171 ; nam. j; nan:! uardians and rural clistricl .' ; oven I ing parishes to con- tin of, till 1895, 262 : officers of original parish in offio 65 ; valuation lists si-:i;\ H E, man of notices required to be served on parish meeting, I ; upon clerk of parish council of notices, 281 ; of ordei compul tion of land, and of statement as to effect of Li r, 61. SEWE1 mcil of defaull of rural district i ouncil to maintain, l<>"> l<>7 ; notice t" be given by rural council of pi SI SHORT TITLE OF A< T, SMALL HOLDING ■ I. \l.l. HOLD appoinl up ni of two meml mi mix i ol to whom oum il • IC1AL I OF RUH \l- IHS1 RK [L, i in like lis Index. SPRING, power of parish i ouncil to utilise, 61. STANDING COMMITTEE OF COUNTY COUNCIL, for purposes of Allotments Acts, and for purposes of compulsory acquisition of land by parish council, 67 n. STANDING ORDERS, of parish council for regulation of their own business and that of parish meeting, 283 ; of Parliament, documents required to be deposited with parish clerk under, to be deposited with clerk or chairman of parish council, 110. STREAM, power of parish council to utilise, 51. SUM MARY PROCEEDINGS, for determining questions as to transfer of powers and vesting of property, 249. SUNDAY, provision as to, 252. SUPPORT, by parish council of schemes relating to parish charities, 100, 101. TENANCY, created by compulsory hiring, adjustment of rights of landlord and parish council, on determination (if, 80. TENANT, compensation to, on compulsory hiring of land, for severance, 74; method of providing, 77; for determination of tenancy, 7") ; provisions of Agricultural Holdings Act, 1883, as to, ~'m ; matters to be considered in fixing, 77. apportionment of rent between land coinpulsorily hired and land nol taken fmm, 76, 78h. TERM OF OFFICE, of committees of parish or district council, 226. of chairman of metropolitan vestry and board of works, 152 ; of parish council, J(l, 17 n; of parish meeting, 8 n ; of parish meeting of parish having no separate parish council, 8 «., 115 ; of Woolwich Local Board, 152. of guardians, 124. of joint committees of parish and districl councils, 22!). oi parish councillor, L3. of rural district councillor, provision a to guardians to apply to, 131. of i of parochial charities appointed by parish council, 103. of urban districl councillors, 130. of vice-chairman of district council or board of guardians, 235. TRANSFER, to parish L quarter lilting rural district and duties of di te, 141 ; powers 241. hairman of parish n of small rural paris :1 interest in parisL property, L18. tain powers of justices oul sion, 142—144. to L areas . of i to w hom po t>> i istant over- pertj vested in churchwar- : of pro] Id by ti < also " County Districts and Urban Sanitary Districts." adoptive Act in force in whole or part of, transfer to council of powers, &c, of authority under, 240 ; adoptive Ad nol to be adopted in part of, without approval of council, 240. constitution, extension, or diminution of, order for, to provide tor effect on parishes, 223, 224. county council to provide by order for whole parish being in the same, Ki7. name of, change of, 225 ; publication of change of, 225 ; change to be notified to Local Government Board, 225; not to affect rights or obligations, or Legal proceedings, 225. parish in more than one, part in each district to he separate parish, 167 ; part of parish included in, for highway purposes, to cease to be 80 included, when rural district council become highway authority, L36. parochial electors in, who are, 25 l. urban sanitary districts to In- railed, I2(i. URBAN DISTRICT COUNCIL, nil! of, and of committees and officers, making up and form of, 230 ; audit of, 23d— 233. ptive A. t- not to be adopted in part of district without approval of, 2 Id. chairman of, to he a county justice, 127 ; disqualifications for office of, L92 ; election of from outside council, 234. In. i'-I- t RBAN DISTRICT COUNCIL— coni committees of, appointment and pow< . 226, 227; rules i'.i i apply to, 228, 28 I ; term of off 227. conferment upon, or on "t : dy, of appointment of ovej r?, or any p , of : il. L53, L54 : application I c of tent, by wl i be made, 153, L55 ; of powei ! Assessment and ( !ollection .' 186 incillors of. S "Urban District Councilli disqualifical office of member or chairman of, L92— 2 H. duties of, as to protection of rights of way and roadside v. L38— 1 12. employment of, as agenl of county council, 242. i and nominated members of, abolition of, I i Iditional powers conferred by A.ct, how to be defrayed, 145. inability of, to act, ; tncil in case of, 236. joint committee of parish council, &c, for purposes of adoptive 20 : joinl committee of parish or other disi ncil atment, powers, and I 229 ; of, how to be defraj ed, 229. '—application to, of provisions of Public Health [875, - : nol to be held on licensed premises, 239 ; I . by whom to be convened, 262 ; power ol county difficult 262, 263 : vacation of offii mtiuuou e from, 2 nan] ,225; how chan published and notified, ol to affect rights or obligations or legal pro- iffcct identitj of corpon oi • from powi rs, 272. ,,Hj, transferred to, to become ofB p, )V ' i highways repairable n ,135 L38 ; ■ 13 .in powers of j 144 ; 1 1 1, I 15 ; of p >l authorities under adopth ■ \ I liabilitie i transfi determit < 1 1 1 19. ti-ii roi liia! charities may be r< qui) 1 on ■nn il invi M ith |. ppointmenl of trual luthoril ppointi l ■ 1 : 1 ■• ^ i ILLOR 422 Tnd URBAN DISTRICT COUNCILLORS continued. [ualifications for office of, l!)2 — 201 ; office to be declared vacant .in disqualification, 200 : penalty for acting during dis- qualification, 200. election of, appointed day for first, 269 ; to be conducted— according to rules of Local Government Board, 12!); to be by parochial electors, 129; firsl elections, 258; new election may be ordered when council unable to act, 236; removal of diffi- culties as to first, 262, 263 ; number of votes elector entitled to at, 129. Set also " Elections Regulated by Rules." electors of, w ho to be, 1 29. number of — fixed by local Arts, saving for powers of comity council to alter, 274. qualification for office of, 128; repeal of existing statutory pro- visions as to, 128. re-eligibility of, 207. resignation of, 207. retiremenl from office of, by thirds, 130; simultaneous retirement of, by direction of county council, 130 ; elected at first election under Ad, 259, 2(J0. term ol office of, 1:30. vacancies, casual, in office of, filling of, 207, 20S. vacation of office of, by continuous absence from meetings, 200; office to be declared vacant, 200. URBAN POWERS, conferment of, on rural district councils by general order of Local Government Board, 136, 137; applications for conferment of, on rural district council may be made by county or parish council, 137; saving for section 270 of Public Health Act, 1875, as lo, 137. URBAN SANITARY AUTHORITIES, See also " Urban District Council-.'' to be called urban district councils, 126. tinuance in office of existing, until first urban district councillors conn- into office, 200. duties of, as to first elections of district councillors, 258. io and nominated members of, abolition of, 128. tsting officers of, 263 — 26 change in name of, not to affeel identity of corporation or deri from their powers, 272. number of members of, fixed by local Act may be altered by ttty council, 274. repeal of statutory provisions as to qualification of, members of, 128. URBAN SANITARY DISTRICTS. See also " County Di ti and Urban Districts." to be called urban disti icts, 1 26. parish partly within and partly without, county council to consider every case of, 164 ; each part to be separate parish, 167. Index. 423 VACANCY, Lai, in i chairman of parish council or parish meel ; parish i il parisl , of, when i a or continu from meetin .mcil ni invalidal VACATION, ace from mi VALIDITY, A.d of L888, when confirmed by ..■lit Board, IT. parish mding * qualifii members, 281. VALUATION LIST, transfi rto ] uneilsoi bist, Lsh divided under Act to remain in force till new !' officers conferred upon urban di 54. V EST ! ' 31 eting ' 1 12. app] :ilt '' 1 ipoint b of, II"; 56 I : tenure of in I 1:11 In&ex. VESTRY MEETING, chairman of, 7 n. difference between constitution of parish meeting and, 6 n t for ecclesiastical purposes, holding of, 31 n. expenses of holding, and of taking poll demanded at, how defrayed, hi//. notices by parish council may be given in manner required for notice of, 213 ; notices of parish meeting musl be given in manner required for notice of, 213 ; mode of giving notices of, 214 n. VICE-CHAIRMAN, of board of guardians, qualification of, 125 ; appointment, term of office, arid powers of, 235 ; circular of Local Governmenl Board as to term of cilice of present, 200 », 319. of district council, appointment, term of office, and powers of, 235. of parish council, appointment and powers of, 281 ; to be chairman of paiish meeting, \\ hen, 8 n. VILLAGE GREENS, laying out, improvement, and maintenance of, hy parish council, 49—51 ; regulation of, parish council may make bye-laws for, 49 — 51 ; transfer to parish council of powers of overseers as to holding and management of, 35 — 38. VOTERS, at county council elections, who are, 5 n ; at elections of parish councillors, who are, 14 ; of guardians, who are, 123; of urban district councillors, who to be, 129 ; not to vote in more than one parish or ward, 204 ; at parliamentary elections, who are, 6 n. -> VOTING, as to adoption of adoptive Acts in rural parishes, 45. disqualifications for voting, 183 n. at meeting of parish councils, 280. at parish meeting, 6 ; for a ward or other part of parish, 21 1. at poll consequent on parish meeting, 6. a1 election of guardians, 123, 124; of parish councillors, ; of urban district councillors, 129 ; rides to prevent electors voting in more than one parish or ward, 204. WARDENS FOR ALLOTMENTS, parish council to exerci e powers of, 40. WARDS, i Lectors not to nominate or vote in more than one, 204. of parish for election of guardians, division of paiish into, 123 n, 237; who to be electors of guardians for, 123; lists and i ctor8 to be framed in parts for, 185. of rural parish lor election of parish councillors — application for, by whom to In; made, 113; for revocation or variation of, 114; Index. 125 WARDS— continued. circumstances to be considered in regard to, 114; order of county council for formation of, 1 13 ; for revoking or varying order forming, 114; separate election of councillors for each ward, 114 ; lists and registers to be framed in parts for, U who entitled to attend and vote at m i poll for 211 ' <>f rural parish for election of rural "district councillors, formation of, 237. of urban county districts -who to be electors of councillors for, 129 ; lists and registers of electors to be framed in parts for, 185; ited under local Acts, Raving for powers of county council to alter, 274 WASTE, em I !'. for purposes of cultivation bv poor industrious inhabi- tant Iside, duty of district council to prevent enci nt on, 138 — Ml : district council to take proceedings on representation of parish council, 1 41 ; on default of disl ncil powers may be transfer] 1,141; provisions applicable to h transfer, 240, 241 ; saving for powers of county council as ! 12. WATEE SUPPLY, iplaint by parish council of default of disl racil to pro- vide, 105 li>7 ; land for, not to 1"- acquired bv parish com ly, 70 : aotii e to bi by rural council to] uncilof adoption of plans for, 108 ; power of parish providing, .",1 ; for obligations of district ncil with n . '>'<. WELL, power of parish council to utilise, 51. WOMEN, disqualified from I istice of peace, although chairman of