/ THE LAW OF DISTRICT AND PARISH COUNCILS, BEING THE LOCAL GOVERNMENT ACT, 1894, AND THE AMENDING ACTS! THE AGRICULTURAL GANGS ACT, 1867 ; THE AGRICULTURAL HOLDINGS ACT, 1883; THE ALLOTMENTS ACTS, 1887 and 1890; THE BATHS AND WASHHOUSES ACTS, 1846 to 1896; THE BURIAL ACTS, 1852 to 1885; THE FAIRS ACTS, 1871 and 1873 j THE INFANT LIFE PROTECTION ACT, 1872; THE KNACKERS ACTS; THE LIGHTING AND WATCHING ACT, 1833; THE PETROLEUM ACTS; THE PUBLIC IMPROVEMENTS ACT,J1860; THE PUBLIC LIBRARIES ACTS, 1892 and 1893; AND NUMEROUS EXTRACTS FROM OTHER STATUTES. TOGETHEE WITH SELECTIONS PROM THE ORDERS, CIRCULARS, AND MEMORANDA OP THE HOME OFPICE, LOCAL GOVERNMENT BOARD, EDUCATION DEPARTMENT, AND CHARITY COMMISSIONERS ; AN EXPLANATORY INTRODUCTION, NUMEROUS NOTES, AND A FULL INDEX. By JOHN LITHIBY, LL.B. (Lond.), OF THE MIDDLE TEMPLB, BABKISTER-AT-LAW. SECOND EDITION. EFFINGHAM WILSON, 11, ROYAL EXCHANGE. E.G. SWEET & MAXAVELL, LIMITED. 3, CHANCERY LANE. E.G. 1897. T ni3U PREFACE TO THE SECOND EDITION. The favour with which the first edition of this work was received has induced the editor to oflfer a second edition to the public. The opportunity has been taken to thoroughly revise the whole of the matter, and no effort has been spared to make the work a reliable handbook for the use of the public gene- rally, as well as of the various Councils and their ofiicers. Several new statutes have been inserted in the Appendix or incorporated with the notes. Among these are the Post Oflfice Amendment Act, 1S95 ; the Local Government (Stock Transfer) Act, 1895 ; the Chairmen of District Councils Act, 1896 ; the Local Government Elections Act, 1896 ; and the Local Govern- ment Act, 1897. Circulars, memoranda, and orders issued by the Home Office, Local Government Board, Education Department, and the Charity Commissioners, relating to matters under the Act coming within their respective jurisdictions, have also been included. In dealing with those issued by the Local Government Board, the editor has selected such as are intended to be of permanent authority and importance, and has omitted those which were designed only to aid local Authorities in bringing the Act into operation. The election orders have also been omitted, as their scope has been limited to particular elections, on the termination of which the orders have for the most part become obsolete. A list of all the orders issued by the Board under the Act of 1894 up to the end of April, 1897, is given in the Appendix. In the notes, which have been considerably enlarged, will be 7G1716 IV PREFACE. found tbe decisions of the Courts on questions that have arisen under the Act, together with suggestions on points of doubt which experience in its administration has brought to light. There will also be found replies to numerous questions addressed to the Presidents of the Local Grovernment Board in the House of Commons — replies which are entitled to the greatest respect as coming from the highest administrative authority on the subject. As the audit of the accounts of district and parish Councils forms an important feature of the scheme o£ administration, the memoranda of the Local Government Board dealing with this subject have been inserted, as well as their instructions relating to appeals against disallowances and surcharges by District Auditors. The Introduction has been retained, in the belief that a synopsis of the provisions of the Act may still be useful to many readers. • J. L. 2, MiTEE COTJET BuiLDINaS, Temple, B.C.; May, 1897. CONTENTS. INTRODUCTION. Chapteb I. County Councils ., II. District Councils III. Parish Meetings ,, IV. Parish Councils „ V. Application of the Act to London „ VI. Boards op Guardians LOCAL GOVERNMENT ACT, 1894(56 and 57 Vict Part I. Parish Meetings and Parish Councils . . 66 ,, II. Guardians and District Councils . . 125 „ III. Areas and Boundaries .... 156 „ IV. Supplemental ..... 168 Parish Meetings and Elections . . 168 Parish and District Councils . . 194 Miscellaneous ..... 212 „ V. Transitory Provisions .... 229 Schedule I. — Rules as to meetings, &.c. . 242 Schedule II.— Enactments repealed . 249 PAGE 1 16 30 39 60 64 c. 73) 66 APPENDIX. Agricultural Gangs Act, 1867 (30 and 31 Vict., c. 130) . . 255 Agricultural Holdings (England) Act,.1883 (46 and 47 Vict., c. 61) 257 Allotments Act, 1887 (50 and 51 Vict., c. 48) . . . 273 Allotments Act, 1890 (53 and 54 Vict., c. 65) . . . 284 Baths and Washhouses Acts, 1846 to 1896— Baths and Washhouses Act, 1846 (9 and 10 Vict., c. 74) . 287 Baths and Washhouses Act, 1847 (10 and 11 Vict., c. 61) . 296 Baths and Washhouses Act, 1878 (41 and 42 Vict., c. 14) . 298 Baths and Washhouses Act, 1882 (45 and 46 Vict., c. 30) . 300 Baths and Washhouses Act, 1896 (59 and 60 Vict., c. 59) . 302 Burial Acts, 1852 to 1885— Burial Act, 1852 (15 and 16 Vict., c. 85) . . . 303 Vi CONTENTS. Burial Acts, 1852 to 1885 — continued. Burial Act, 1853 (16 and 17 Vict., c. 134) . . .322 Burial Act, 1854 (17 and 18 Vict., c. 87) . . . 325 Burial Act, 1855 (18 and 19 Vict., c. 128) . . .328 Burial Act, 1857 (20 and 21 Vict., c. 81) . . . 335 Burial Act, 1859 (22 Vict., c. 1) . . . . 345 Burial Act, 1860 (23 and 24 Vict., c. 64) . . . 346 Burial Act, 1862 (25 and 26 Vict., c. 100) . . .347 Burial Act, 1871 (34 and 35 Vict., c. 33) . . . 347 Burial Act, 1880 (43 and 44 Vict., c. 41) . . . 348 Burial Act, 1881 (44 Vict., c. 2) . . . .352 Burial Act, 1885 (48 and 49 Vict., c. 21) . . . 353 Chaii-men of District Councils Act, 1896 . . . 130 Fairs Act, 1871 (34 Vict., c. 12) 353 Fairs Act, 1873 (36 & 37 Vict., c. 37) . . . . 354 Infant Life Protection Act, 1872 (35 and 36 Vict., c. 38) . 356 Knackers Act, 1786 (26 Geo. Ill, c. 71) . . . . 361 Knackers Act, 1844 (7 and 8 Vict., c. 87) ... 367 Lighting and Watching Act, 1833 (3 and 4 Will. IV, c. 90) . 370 Local Government (Stock Transfer) Act, 1895 (58 and 59 Vict., c. 32) .396 Local Government (Elections) Act, 1896 (59 Vict., c. 1) . 232 Local Government Act, 1897 (60 Vict., c. Ij . . . 396 Petroleum Act, 1871 (34 and 35 Vict., c. 105) . . .398 Petroleum Act, 1879 (42 and 43 Vict., c. 47) . . . 406 Petroleum (Hawkers) Act, 1881 (44 and 45 Vict., c. 67) . . 411 Post Office Amendment Act, 1895 (58 & 59 Vict., c. 18) . 414 Public Health Act, 1875 (portions of) (38 and 39 Vict., c. 55) . 414 Public Improvements Act, 1860 (23 & 24 Vict., c. 30) . . 439 Public Libraries Act, 1892 (55 and 56 Vict., c. 53) . . 440 Public Libraries Act (Amendment), 1893 (56 Vict., c. 11) . 453 Orders — 14th September, 1889— Regulations as to Inquiries and Notices imder Section 57, Local Government Act, 1888 . . . 455 15th November, 1894— Parish Meetings : Polls where no Parish Council . 463 20th November, 1894— Scale of Expenses : Elections under the Local Govern- ment Act, 1894 . . . . .458 5th February, 1895— Parish Meetings : Polls where Parish Council . . 468 CONTENTS. Vll PAGE Orders — contimied. 9th February, 1895— Appointment of Overseers by Parish Councils . 77 Appointment of Overseers by Parish Meetings . 121 11th February, 1895— Forms of Precept to Overseers for Payments out of Poor Rates . . . . . .102 20th May, 1895— Audit of Accounts : Rural District Councils, Pa- rish Councils, Parish Meetings, and Joint Com- mittees . . . . . . 489 Allotments : Compulsory Hiring of Land : Regula- tions under Section 10, Local Government Act, 1894 492 21st May, 1895— Allotments : Compulsory Hiring of Land : Adapta- tions of Lands Clauses Acts under Section 10, Local Government Act, 1894 .... 495 22nd May, 1895- Compulsory Purchase of Land : Regulations and Adaptations under Section 9, Local Government Act, 1894 : Parish Councils and District Councils . 508 23rd May, 1895— Compulsory Purchase of Land : Regulations and Adaptations under Section 9, Local Government Act, 1894 : County Boroughs . . . .513 26th July, 1895- Audit of Accounts : Joint Committees of District Councils or of Disti'ict Councils and Pai-ish Councils, or Parish Meetings .... 490 21st September, 1895— Form of Demand Note for Payment of Poor Rate : Section 11 (5), Local Government Act, 1894 . 516 5th November, 1895 — Loans for Purposes of Advances by County Councils to Parish Councils . . . . ' . 518 Registration Order (1895) — Extracts .... 171 Circulars — 8th October, 1894 : Local Government Board — To Town Clerks of Municipal Boroughs : Preparation of Registers ...... 171 Viii CONTENTS. PAGE ClECULARS — continued. 30th November, 1894 : Education Department— As to use of Schoolrooms in Public Elementary Schools by Parochial Electors and Parish Councils 539 12th December, 1894 : Local Government Board — Proceedings of Parish Councils .... 541 20th December, 1894 : Local Government Board — Proceedings of Boards of Guardians outside London . 547 2l8t December, 1894 : Local Government Board — Proceedings of Boards of Guardians in London . 551 22nd December, 1894 : Local Government Board — Proceedings of Urban District Councils . . 555 24th December, 1894 : Local Government Board — Proceedings of Rural District Councils . . 560 10th April, 1895 : Local Government Board — Proceedings at Annual Meetings of Parish Councils . 568 24th May, 1895 i Local Government Board — 27th May, 1895 > Audit of Accounts . . .203 Memoranda — Local Government Board : Appointment of Overseers by Parish Councils . . . . . . 75 Local Government Board : Appointment of Overseers by Parish Meetings ...... 123 Local Government Board : Appointment of Overseers by Town Councils and Urban District Councils . . 152 Local Government Board : Effect of the Local Government Act, 1894, as regards Burial Boards . . .86 Local Government Board : Steps to be taken to induce action by County Councils for acquiring land for allotments . . • . • .95 Local Government Board : Steps to be taken to induce action by County Councils for compulsory hiring of land for allotments . . . • .99 Charity Commissioners: Scope and effect of Section 14, Local Government Act, 1894, in regard to the appoint- ment of Trustees of Charities .... 112 Local Government Board : Production of books at Audit of Accounts ...... 206 Local Government Board : Appeals against disallowances and surcharges ...... 208 Treasury : Compensation to civil servants on abolition of office ....... 235 CONTENTS. ix Memoranda — continued. Local Government Board : Form of declaration of accept- ance of office by parish councillor . . . 245 Home Office : Directions as to proceedings under the Burial Acts . . . . . .520 Local Government Board : Powers and duties of Rural District Councils with respect to rights of way, roadside wastes, and commons .... 530 Local Government Boai'd : Powers and duties of Parish Councils and Parish Meetings with respect to rights of way, roadside wastes, commons, village greens, and recreation grounds ..... 534 List of General Orders issued under th« Act of 1894 by the Local Government Board ..... 572 Index ........ 575 TABLE OF CASES. PAGE: A.-Gr. V. Crotdon Coepoeation, 42 Ch. D. 178 . . . 440 A.-G. V. LouGHBOEOUGH LoCAL BoAED, Times newspaper, 31st May, 1881 ....... 89 A.-G. V. St. Panceas, 69 L. T. 627 ; 58 J. P. 22 . . . 334 ASHBY V. Hareis, L. R. 3 C. P. 523; 37 L. J., M. C. 164; 18 L. T. 719 ; 16 W. R. 869 . . . . . . 313 Bakee v. St. Maeylebone, 24 W. R. 848 ; 35 L. T. 129 . . 94 Baelow v. Teal, 15 Q. B. D. 501 ; 54 L. J., Q. B. 564; 54 L. T. 63 ; 34 W. R. 54 ; 50 J. P. 100 .... 265 Baenett v. Hickmott (1895), 1 Q. B. 691 ; G4 L. J., Q. B. 407; 72 L. T. 236 ; 43 W. R. 284 ; 59 J. P. 230 . . . 173 Beck v. Stringer, L. R. Q. B. 497 ; 40 L. J., M. C. 174 ; 25 L. T. 122 ; 19 W. R. 1140 ..... 407 Beechey v. Quenteey, 11 L. J., Ex. 420 ; 10 M. & W. 65 . 372 Beeesfoed-Hope v. Lady Sandhuest, 23 Q. B. D. 79 ; 58 L. .7., Q. B. 316; 61 L. T. 150; 37 W. R. 548; 5 T. L. R. 472; 53 J. P. 805 . . . . . . . 168 Bettison, in re, L. R. 4 A. and E. 294 .... 335 BiECH V. Peake, Times, 24th January, 1894 ... 82 Black v. Clay (1894), A. C. 368 ; 71 L. T. 446 . . . 259 Boueke v. Nutt (see in re Pulborough, &c.) 184 Bowyee v. South Metropolitan Cemetery Company, 38 L. T. 271 ....... . 312 Bowyer v. Stantial, 3 Ex. D, 315 . . . . 312 Broadbent v. Imperial Gas Company, 7 De G., M. & G. 43('> ; 26 L. J., Ch. 276 ; 28 L. T. 329 . . . . 94 Brown, ex parte, in re Liverpool, 31 L. J., M. C. 108 . . 440 Bryan v. Whistler, 2 M. & R. 318 ; 8 B. & C. 288 . . 313 Campbell v. Liverpool, L. R. 9 Eq. 597; 21 L. T. 814; 18 W. R. 422 . . . . . . . . 344 Carter v. Thomas (1893), 1 Q. B. 673; 62 L. J., M. C. 104; 41 W. R. 510; 69 L. T. 436; 57 J. P. 438; 9 T. L. R. 386 82 Chaelesworth v. Rudgard, 4 L. J., Ex. 89 . . 185 Clutteebuck v. Taylor (1896), 1 Q. B. 395; 65 L. .J., Q. B. 314; 74 L. T. 177 ; 44 W. R. 531 ; 60 .1. P. 278 . . 173 Colchester (Guardians) v. Moy, 68 L. T. 5G4; 57 J. P. 265; 9 T. L. R. 280 ...... . 118 Collins v. Cooper, 68 L. T. 450; 57 J. P. 248 . . . 144 Conybeare v. London School Board (1891), 1 Q. B. 118; 60 L. J., Q. B. 44 ; 63 L. T. 651 ; 30 W. R. 288 ; 55 .1. P. 151 ; 17 Cox C. C. 191 ; 7 T. L. R. 4 . . . . 184 COOPEE V. Peaese (189G), 1 Q. B. 562 ; 65 L. J., M. C. 95 ; 74 L. T. 495 ; 44 W. R. 494 ; 60 .1. P. 282 . . , 283 TABLE OF CASES. XI PAGE County Council of Cardigan, re, 54. J. P. 792 . . . 220 Cowley v. Byas, 5 Ch. D. 944 ; 37 L. T. 238 ; 26 W. K. 1 ; 41 J. P. 804 331 Cowley v. Sunderland (Mayor), 6 H. & N. 565 ; 30 L. J., Ex. 127 ; 25 J. P. 434 . . . . . . 293 Cox v. Ambrose, 60 L. J., Q. B. 114; 55 J. P. 23; 7 T. L. K. 59 . . . . . . . . 185 Chonshaw v. Wigan Hurial Board, L. K, 8 Q. B. 217 ; 42 L. J., Q. B. 137 ; 28 L. T. 283 . . . . . 337 Curtis v. Kesteven County Council, 45 Cb. D. 504 ; 60 L. J., Ch. 103 ; 63 L. T. 543 ; 39 W. R, 199 .. . 137 Davies v. Harvey, L. R. 9 Q. B. 433; 43 L. J., M. C. 121; 30 L. T. 629 ; 38 .T. P. 661 . . . . . 185 Day v. Peacock, 18 C. B. (N. S.) 702 ; 34 L. J., C. P. 225 ; 12 L. T. 571 ; 13 W. R. 717 ; 11 Jur. (N. S.) 428 . . 312 Derby Countv Council v. Matlock Bath Urban District Council (1890), A. C. 315; 65 L. J., Q. B. 419 ; 74 L. T. 595 ; GO .1. P. 676 . . . . . . 107 De Souza v. Cobden (1891), 1 Q. B. G87 ; GO L. .1., Q. B. 533 ; 65 L. T. 130 ; 55 .1. P. 5G5 . . . . . 18G Deax v. Ffooks (1896), 1 Q. B. 238 ; 65 L. .1., Q. B. 270 ; 74 L. T. 43 ; 44 W. R. 393 ; GO J. P. 214 .. . 168 DuNGEY V. London, 38 L. J., C. P. 298 ; 20 L. T. 921 ; 17 W. R. 1106 ....... 94 Edgell v. Buenaby, 8 Ex. 788 ..... 312 Edwards v. Jenkins (1896), 1 Ch. 308; 65 L. J. Ch. 222; 73 L. T. 574; 44 W. R. 407; GO J. P. 167 ... 137 ESCOTT V. Martin, 4 Moore P. C. C. 104 ; 6 Jur. 7G5 . . 312 Eynsham, in re, 18 L. J., Q. B. 210; 12 Q. B. 398 n.; 3 New Sess. Cas. 507 ; 13 Jm-. 345 ..... 371 Febrae v. Commissioners of Sewers, L. R. 4 Ex. 227 ; 3S L. J., Ex. 102; 21 L. T. 295; 17 W. R. 709 .. . 94 Fosters. Dodd, L. R. 1 Q. B. 475; 35 L. J., Q. B. 136; 12 Jur. (N. S.) 466; 14 L, T. 327; 14 W. R. 607; 7 B. & S. 140 ....... . 343 Gaslight and Coke Company v. Holloway, 52 L. T. 434 ; 49 J. P. 344 , . . . . . . . 100 Gell v. Birmingham, 10 L. T. 497 ... . 312 GouGH V. GouGu (1891), 2 Q. B. 665 ; 60 L. J., Q. B. 726 ; G5 L. T. 110 ; 39 W. R. 593 ; 55 J. P. 807 . . 263 Greenwood v. Wadswoeth, L. R. 16 Eq. 288; 43 L. J. Ch. 78; 29L. T. 88; 21 W. R. 722 .... 331 Griffiths v. Morris (1895), 1 Q. B. 866; 64 L. J., Q. B. 386; 72 L. T. 290 ; 43 W. R. 652 ; 59 J. P. 134 . . . 2G1 Grosvenor v. Sutton, L. R. (1888), W. N. 223 . . . 137 Gully v. Smith, 12 Q. B. 1). 121 ; 53 L. J., M. C. 35; 48 J. P. 309 ....... . 137 Hackney Charities, 4 De G. J. (fc S. 593 . . . Ill Hackney Charities, /» re, 12 W. R. 1131 . . . 112 Hackney Charities, /« re, 11 L. T. (N. S.) 35 . . . l;'7 Haigh v. West (1893), 2 Q. B. 19; 62 L. J., Q. B. 532 ; 57 J. P. 358 & G30 ; G9 L. T. 165 . . . . . 137 Xll TABLE OF CASES. PAGE Hansaed v. St. Matthew, Betiinal Green, L. R. 4 P. D. 46 . 335 Haedwicke v. Heown, L. R. 8 C. P. 406; 28 L. T. 502; 37 J. P. 407 . . . • . . • • 184 Haeeis v. Lambeth Bitbial Board, 47 J. P. 501 . 337 Hast r. Beabd (1896), 1 Q. B. 54; 65 L. J., Q. B. 157; 73 L. T. 535 ; 44 W. R. 154 . . . . . 17Q , Heath i\ Weaveeham Oveeseees (1894), 2 Q. B. 108 ; 63 L. J., M. C. 187 ; 70 L. T. 729 ; 42 W. R. 478 ; 58 J. P. 557; 10 Times L. R. 414 ..... . 135 Hitchcock v. Walter, 6 D. P. C. 457 .... 313 Hoaee v. Ram, 45 J. P. 729 .... . 348 HoENBY V. ToxTETH Paek Bueial Boaed, 31 Bcav. 52 ; 31 L. .T., Ch. 643 ...... . 312 Hughes v. Lloyd, 22 Q. B. D. 157; 58 L. J., Q. B. 122 ; 60 L. T. 675 ; 37 W. R. 381 ; 53 J. P. 310 . . . . 337 HuNNiNGS V. Williamson, 11 Q. B. D. 533 ; 49 L. T. 361 ; 48 J. P. 132 . . . . . . . 185 Hunt v. Wimbledon Local Boaed, 4 C. P. D. 48; 48 L. J., C. P. 207 ; 40 L. T. 115 ; 27 W. R. 123 . . • 71 HuTH V. Clarke, L. R. 25 Q. B. D. 394; 59 L. J., M. C. 120; 62 L. T. 348 ; 55 J. P. 86 ..... 113 Isaacson v. Dueant, 17 Q. B. D. 54 {see " Stepney Election Petition") ....... 184 Isle op Wight County Council v. Isle of Wight Highway Commissioners, 72 L.T. 569; 59 J. P. 438 . . 135 Jacobson v. St. Panceas, 44 .T. P. 184 . . . . 342, 343 Johnson v. Feiend, 6 Jur. (N. S.) 280 . . . . 311, 312 Jones v. Cook, L. R., 6 Q. B. 505 ; 40 L. J., M. C. 179 ; 24 L. T. 806 ; 19 W. R. 771 . . . . • . 400 Keet v. Smith, L. R., 1 P. D. 73; 45 L. J., P. C. 10; 33 L. T. 794; 24 W. R. 375 . . . . . . 313 Kent (County Council of, and Boeoughs of Dover and Sandwich) (1891), 1 Q. B. 725 ; 60 L. J., Q. B. 435 ; 65 L. T. 213 ; 39 W. R. 405 ; 55 J. P. 647 ; 7 T. L. R. 487 . . 221 Kidderminster (Mayor) v. Hardwick, L. R., 9 Ex. 13; 43 L. J. Ex.9; 29L. T. 611 .... . 71 Lancaster v. Harlech Highway Board, 52 J. P. 805 . 72 Leftley v. Monington, L. R., 4 Ex. D. 307 ; 48 L. J., Ex. 543 ; 40 L. T. 850 . . . . . . . 184 Lewis v. Caee, L. R., 1 Ex. D. 484 ; 46 L. J., Ex. 314 ; 40 J. P. 692; 36L. T. (n. s.) 44 ..... 185 LiVEEPOOL, ex parte, L. R., 11 Eq. 15 ; 40 L. J., Ch. 65 . 344 London and Yoekshiee Bank v. Belton, 15 Q. B. I). 457; 54 L. J., Q. B. 568 ; 34 W. R. 31 ; 50 J. P. 86 . . . 269 Louth Ueban Disteict Council v. West, 65 L. J., Q. B. 535; 60 J. P. 600 . . . . . . . 138 Ludlow (Mayor) v. Chaelton, 6 M. & W. 815 ; 10 L. J., Ex. 75 71 M'Gough v. Lancaster Bueial Boaed, 21 Q. B. D. 323; 37 L. J., Q. B. 568; 36 W. R. 822 ; 52 J. P. 740 . . 313, 314 Manchester (Mayor) v. McAdam (1896), A. C. 500; 65 L. J., Q. B. 672 ; 75 L. T. 229 . . . . • 443 Manbeegh, Re (1896), L. G. Chronicle, 1108 [Q. Sessions case] 76 TABLE OF CASES. XIll Maboabili v. Ovekseees, &C'., of WiiiTEUAVEy, 10 Q. I}. 17. 242 55 Q. B. 38; 53 L. T. 667 ; 34 W. K. 275; 40 J. P. 743 Mabshland, &c.. Commissioners v. Marshland Rural Dis TRICT COUNCII,, 65 L. J., Q. 15. 185; 73 L. T. 563 ; 59 J. P 824 ...... . Masters v. Gbeen, 20 Q. 15. D. 807; 59 L. T. 476; 30 W. K 591 ; 52 J. P. 597 .... . Matthews v. Jeffrey, Q. 15. D. 290; 50 L. J., Q. 15. 164; 43 L. T. 796; 29 W, K. 282 ; 45 J. P. 361 Meek v. Laxgdox, 37 Law Times newspaper, 181 Moreland v. Ricuabdson, 24 Beav. 33 ; 26 L. J., Ch, 090 ; 3 Jur. (N. S.) 1189 ...... 304, 322 Moses v. Itchingfield Schooi Board, Times, 29th June, 1894 186 MULHOLLAND V. BELFAST COBPOBATION, 9 Ir. Cb. R. 204; 9 Ir, Ch. R.292 293 MuEEAY V. Epsom Local Board (1897), 1 Ch. 35 ; 66 L. J., Ch. 107 ; 75 L. T. 579; 45 W. R. 185 ; 61 J. P. 71 . 137, 185 PAGE 184 135 260 313 384 Nicholson v. Beadfield Union, L. R., 1 Q. B. 620; 35 L. J., Q. B. 176; 7 B. & S. 774; 14L. T, 830 ... 71 NuTTON V. Wilson, 22 Q. 15. D. 744; 58 L. J., Q. B. 443: 37 W.R. 522; 5T. L. R. 439; 53 J. P. 644 ... 185 Oemebod v. BLACKBrEN Burial Board, 28 L. T. 438; 21 W. R. 539 ....... . 312,337 Oxford (Mayor) v. Crow (1893), 3 Ch. 535 ; 69 L. T. 228 ; 42 W, R. 200 . . . . . . . 71 Paddington Chaeities, in re, 8 Sim. 629 ; 7 L. J., Ch. 44 . 197 Palmek f. Wade (1894), 1 Q. B. 268; 70 L. T. 407 ; 58 J. P. 511 ....... . 172 Peto v. West Ham, 28 L. J., M. C. 240 ; 2 E. & E. 144 . . 380 Phelps v. Upton Snodsbuby Highway Boaed, 49 J. P. 408 ; W. N. (1885) 92 ; 1 T. L. R. 425 ... . 71 PONSFOED AND THE NEWPORT SCHOOL BOAED, in re (Xorth, J.) 69 L. T. (N. S.) 687; 42 W. R. 154. Affirmed by C. A. (1804) 1 Ch. 454; 10 T. L. R. 207 . . . . 334, 343 PORTAELINGTON (Earl of), ex parte, in re Paul, 24 Q. B. 1). 247; 59 L. J., Q. B. 30; OIL. T, 835; 54 J. P. 644 . 259 Portsmouth Corporation v. Smith, 13 Q. 15. D. 105 . . 223 PoTTON V. Brown, 10 L. T. 525 ..... 370 Pryor v. Petre (1894), 2 Ch. 11 ; 63 L. J., Ch. 531 ; 70 L. T. 331; 42 W. R. 435 . . . . . 137 PULBOROUGH SCHOOL BOARD ELECTION, in re (BOURKE V. NuTT) (1894), 1 Q. B. 725; 63 L. J., Q. B. 497; 70 L. T. 639; 58 J. P. 572 ; 42 W. R. 388 .... . 184 PUESEE V. WOETHING LoCAL BOARD, 18 Q. 15. D. 818 ; 56 L. J., M. C. 78; 35 W. R. 682 ; 51 J. P. 500 ... 147 Quick v. St. Ives, 2 L. T. (N. S.) 214; S W. R. 414 . . 372 Reg. v. Abney Paek Cemetery Company, 8 L. R., Q, B. 515 ; 42 L. J., M. C. 124; 29L. T. 174 .... 333 Reg. v. Bakkkb, 25 g. B. I). 2l3 ; 50 L. J., M. C. 105 ; 62 L. T. 578 ; 54 J. P. 615; 6 T. L. R. 328 . . . . 135 Xiv TABLE OF CASES. 184 374 374 Reg. r. Beegee-(1894), 1 Q. B. 823; 63 L. J., Q. B. 529; 58 J. P. 416 ; 70 L. T. 807 ; 42 W. K. 541 ; 10 T. L. K. 380 . 137 Rkg. v. Bishop Weakmottth Biteial Boaed, 5 Q. B. D. 67 . 334 Reg. v. Beadley (1894), 63 L. J., M. C. 183 ; 70 L. T. 379; 58 J. P. 199; lOT. L. K.346 ..... 137 Reg. v. Coleshill, 2 B. & S. 825 ; 31 L. J., M. C. 219 ; 9 Jnr. (N. S.) 226; 7 L. T. 244. Affirmed by Ex. Ch. 34 L. J., Q B. 96 - • . • • • • ^^^' ^^2 Reg. v. Cooban, 18 Q. B. D. 269 ; 56 L. J., M. C. 33 ; 51 J. P. 500 Reg. v. Deveeell, 3 E. & B. 372 ; 23 L. J., M. C. 121 . Reg. v. Dunn, 7 E. & B. 220 ; 26 L. J., M. C. 74; 3 Jur. (N. S.) 341 ...•••• • Reg. v. Dubham County Council (1897), L. G. Chronicle, p. 70 164, 219 Reg. v. Eaton, 10 Jur. 222 . . . • • US Reg. v. Gaskaeth, 5 Q. B. D. 321 ; 49 L. J., Q. B. 509 ; 44 J. P. 507 ; 42 L. T. 688 . . • • • • 1^5 Reg. v. Gladstone, 7 El. & Bl. 575 ; 26 L. J., Q. B. 213 ; 3 Jur. (N. S.)441 ....••• 306 Reg. v. Geasmeee Local Boaed, L. R. 8 Q. B. 227 ; 42 L. J., Q. B. 131 . . . • • • • 165 Reg. v. Hall, 45 J. P. 436 . . • • • 350 Reg. v. Ieeland, L. R. 3 Q. B. 130 ; 9 B. & S. 19 ; 37 L. J., Q. B. 73 ; 17 L. T. 466 181 Reg. v. Islington Vestey, 25 Q. B. U. 523 ; 59 L. J., Q. B. 462 ; 63 L. T. 226 ; 39 W. R. 10 ; 54 J. P. 807 • . • 80, 335 Reg. r. Keighley Oveeseees (1897), L. O. Chronicle, p. 47 . 162, 332 Reg, v. Kingswinfoed, 3 E. & B. 689; 23 L. J., Q. B. 337; 18 Jur. 1073 ; 23 L. T. (o. s.) 91 . • • • 370 Reg. v. London County Council (1893), 2 (l B. 461 ; 63 L. J., Q. B. 4 ; 42 W. R. 1 ; 69 L. T. 580 . . • . 164, 229 Reg. v. Manchestee, 5 El. & Bl. 702; 25 L. J., M. C. 45; 2 Jur. (N. S.) 182 322 Reg. v. Middlesex, JJ. 22 L. J., M. C. 106; 21 L. T. 131; 17 Jur. 187 371 Reg. v. Midland PiAilway Company, L. R. 10 Q. B. 389 ; 44 L. J., M. C. 137; 39 J. P. 359 ; 32 L. T. 753 . . 380 Reg. v. Miles, ex parte Cole, 64 L. J., Q. B. 420 ; 72 L. T. 502 ; 43 W. R. 445 ; 59 J. P. 407 244 Reg. v. Neath, L. R. 6 Q. B. 707; 40 L. J., M. C. 193; 24 L. T. 871 . Reg. v. Oxfoedshiee, JJ. 22 L. T. 219 .... Reg. v. Petees, 6 El. & Bl. 226 ; S. C. iiom. in re Sunderland Burial Ground, 25 L. J., Q. B. 271 ; 2 Jur. (N. S.) 424 . 318 Reg. v. Reynolds, Times, 12tli May, 1896, and 23rd February, 1897 . . . • • • 127, 132, 437 Reg. v. Reynolds (1893), 2 Q. B. 75 ; 62 L. J., M. C. 120; 69 L. T. 321 ; 42 W. R. 32 ; 5 R. 423 .... 371, 380 Reg. w.Rye, JJ. 13 W. R. 142 .... • 381 Reg. v. St. John Westgate and Elswick Bueial Boaed, 2 B. & S. 703; 31 L. J., Q. B. 205; 6 L. T. 504; 10 W. R. 606; 8 Jur. (N. S.) 229 . . . . • • Reg. v. St.'Luke's, Chelsea, 7 L. R., Q. B. 148 ; 41 L. J., Q. B. 81 ; 25 L. T. 914 ; 20 W. R. 209 . Reg. v. Salop, 60 J. P. 552 Reg. p. Smallman (1897), 1 Q. B. 4; 75 L. T. 394; 66 L. J., Q. B. 82 ; 45 W. R. 249 . . • • • 380 380 335 94 81 235 TABLE OF CASES. Reg. v. Somersetshire, JJ. 31 L. T. 215 ; 22 J. P. 431 . Reg. v. South Weald, 5 15. & S. 391 ; 33 1.. J., M. C. 193 ; 10 L. T. 498; 12 W. R. 873 .... . Reg. v. Sudbury I^urial Board, El. HI. & El. 26-t; 27 L. J., Q. B. 232 ; 4 Jur. (N. S.) 948 .... Reg. v. Surrey, J.I. (C. A.) (1892), 1 Q. B. 8G7; fil L. J., M. C. 153; 66 L. T. 378; 40 W. U. 500; 56 J. P. 095 ; 8 T. L. K. 518 ....... . Reg. v. Tonbeidge, 13 Q. B. I). 339; 53 L. J., Q. B. 488; 51 L. T. 179 ; 33 W. R. 24; 48 J. P. 740 . . . Reg. v. Turmine, L. K. 4 Q. B. D. 79; 48 L. .J., Q. H. 5; 39 L. T. 255 ; 43 J. P. 6 Reg. v. Twiss, L. H. 4 Q. B. 407; 38 L. J., Q. B. 228; 20 L. T. 522 ; 17 W. K. 7G5; 10 B. & S. 298 Reg. v. Wakefield, 20 Q. B. D. 810 ; 57 L. J., M. C. 52 ; 36 W. R. 911; 52 .1. P. 422 .... . Reg. I'. Walcot St. Swithix, 2B.&S. 571; 31 L. J., M.C. 221; 6 L. T. 325 ; 10 W. R. 602 . . . . 306, Reg. v. Whipp, 12 L. J., M. C. 64; 7 J. P. 656; 4 Q. H. 141 Reg. v. Wigan (Mayor), 14 Q. B. D. 908 ; 54 L. J., Q. B. 338 52 L. T. 435 ; 49 J. P. 372 . Reg. v. Wilkinson, 2 Mood & R. 431 Reg. v. Wright, 8 Jur. (N. S.) 260 ; 5 L. T. 345 ; 10 W. R. 86 26 J. P. 23 . Rex v. Chardstock, 16 Vin. Abr. 415 Rex v. Stubbs, 2 T. R. 395 Reynolds c. Presteign Urban District Council (1896), 1 Q. B. 604; 65 L. J., Q. B. 400; 74 L. T. 422; 44 W. R, 479 ; GO J. P. 296 . Richards v. Easto, 15 M. & W. 244 . Roberts v. Aulton, 2 H. & N. 432 ; 26 L. J. Ex. 380 . Roberts v. Clowne Overseers, 61 J. P. 7 ; 13 T. L. R. 18 RuGG V. KiNGSMiLL, 2 L. R., P. C. 59; 37 L. J. Ecc. 13; 18 L. T. 94 ; 5 Moore P. C. C. (N. S.) 79 . . . PAGE 380 829 306 106 332 186 334 115 332, 337 374 187 393 332, 522 75 75 138 228 312, 337 371 311 St. George in the East, in re, L. R., 1 P. 1). 311 St. Margaret's, Rochester, r. Thompson, L. R. 6 C. P. 445 ; 40 L. J., C. P. 213; 24 L. T. 673 ; 19 W. R. 892 ; 36 J. P. 228 St. Martin's, Birmingham, ex parte, L. R., 11 Eq. 23; 40 L. J., Ch. 69; 23 L. T. 575 ...... St. Mary-at-Hill (Rector of) v. Parishioners of Same, L. R. (1892), P. 394; 56 J. P. 824. . . . . St. Michael Bassishaw (Rector of) v. Parishioners of Same, L. R. (1893), P. 233 . St. Saviour's Rectory, in re, 31 Ch. D. 412; 55 L. J., Ch. 260 ; 54 L. T. 9 ; 34 W. R. 224; 50 J. P. 325 . Schofield v. Hincks, 58 L. J., Q. B. 147; 60 L. T. 573; 37 W. R. 157 ....... Scott v. Clifton School Board, 14 Q. B. D. 500 Shoolbred v. St. Pancras .Justices, 24 Q. B. D. 346; 59 L. .7., M. C. 63; 62 L. T. 287 ; 38 W. R. 399; 54 J. P. 231 Shrubb v. Lee, 59 L. T. 376 ; 53 J. P. 54 Simpson v. South Staffordshire Waterworks Company, 4 De G., J. & S. 679 ; 24 L. J., Ch. 380 .. . Southport I'. Ormskirk (1894), 1 Q. B. 196 ; 63 L. J., Q. B. 200 ; 69 L. T. 852; 42 W. R. 153; 58 J. P. 212 . 30 335 7,311 344 342 342 344 259 140 259 94 380 XVI TABLE OF CASES. PAGE Spooner t;. Bbewstee, 10 Moore 494; 3 King. 136; 2 C. & P. 34 ....... . 313 Stebbing v. Metropolitan Board of Works, L. R., 6Q. B. 37; 40 L. J., Q. B. 1 ; 23 L, T. 530 ; 19 W. R. 73 . . 344 Stepxet Election Petition Qsaacson v. Dureant), 17 Q. B. I). 54; 55 L. J., Q. B. 331- 54 L. T. 684; 34 W. R. 547 . 184 Stewart v. West Derbt Burial Boaed, 34 Ch. D. 314 ; 56 L. J., Ch. 425; 50 L. T. 380 ; 35 W. R. 268 . . 312 Sunderland Burial Ground, hi re, 25 L. .T., Q. B. 271 ; 2 Jur. (N. S.) 424 318 Thursbt v. Brieecliffe, &c. (1895), A. C. 32 ; 64 L. J., M. C. 66; 71 L. T. 849; 59 J. P. 180 .... 380 TiMMis V. Albiston (1895), 2 Q. B. 58 ; 64 L. J., Q. B. 564 ; 59 J. P. 663 . . . . . . . 177 TOMEINS V. JOLIFFE, 51 J. P. 247 ..... 185 Turner v. Walsh, L. R. 6 App. C. 636 ; 50 L. J., P. C. 55 ; 45 L. T. (N. S.) 50 107 Vaughan v. South Metropolitan Cemetery Company, 1 Johns & H. 256; 30 L. J., Ch. 265 ; 7 Jur. (N. S.) 159; 3 L. T. 727 ; 9 W. R. 228 . . . . . 312 ViNER V. Tunbridge, 2 El. & Bl. 9 ; 28 L. J., M. C. 251 ; 5 Jur. (N. S.) 1293 ; 33 L. T. 202 . . . . . 332 Wandswoeth District Board «. Heaver (2 T. L. R. 130) . 71 Waeblington (Overseers), ex parte, 18 Jnr. 494 . . 374 Ward v. Radfoed, 59 J. P. 632 . . . . . 185 West v. Wilts County Council (1893), 10 T. L. R. 19 . 235 White v. Norwood Burial Board, 16 Q. B. 1). 58 ; 55 L. J., Q. B. 63 ; 54 L. T. 81 ; 34 W. R. 123 ; 50 J. P. 100 . 312 WiLEiNS V. Day, 12 Q. B. D. 110; 32 W, K. 123; 49 L. T. 399 137 Wilkinson v. Geay, 9 J. P. 71 . . . . . 370, 374 Wing v. Stevens, Times, 21st June, 1895 . . . 244 Wood f. Headingley BuEiAL Board (1892), 1 Q. B. 713; 66 L. T. 90 ; 40 W. R. 390 ; 56 J. P. 326 . 311, 312, 348, 349 Wright v. Wallasey Local Board, 18 Q. B. D. 783; 56 L. J., Q. B. 259 ; 52 J. P. 4 . . . . . 331 INTRODUCTION. PAGE I PAGE Chaptbe I. County Councils 1 Chapter V. Application of the „ II. District Councils 16 j Act to London 60 „ III. Parish Meetings . 30 ; „ VI. Boards of Guar- IV. Parish Councils . 39 j dians . . 64 CHAPTEE I.— COUNTY COUNCILS. The main object of the Local Government Act, 1891, was the creation of pai-isli councils and parish meetings. It also made important alterations in regard to local authorities and boards of guardians. The urban and rural sanitary authorities which came into existence in 1872 were replaced by urban and rural district councils, and the change in this respect is more than a change of name. In addition to the duties transferred to dis- trict councils from the justices (p. 138), urban and rural district councils have powers, duties, and liabilities which were not possessed by urban and rural sanitary authorities. At the first elections in 1894, the total number of parishes or wards of parishes in which separate elections of parish councils were required to be held was 7260. The total number of instances iu which the elections took place at parish meetings without polls was 4080. In 6225 rural parishes parish meetings had to be held, although no parish council was to be elected. The number of rural districts for which elections were first held was 701. These comprised upwards of 13,000 parishes, and the total number of rural district councillors elected was nearly 16,000. The number of urban districts for which elections were held was 759, and the number of councillors elected was about 9500. The number of parishes outside London for which guardians were elected was 1902, and the total number of persons elected as guardians was 21,804. There were also elections in 76 London parishes for vestrymen and auditors, including members of the Woolwich Local Board (24th Local Government Board Report, pp. 45 — 49). I 2 INTRODUCTION. County councils also have very responsible duties under the new Act, especially with regard to the readjustment of areas and boundaries in the respective counties. Prior to the passing of the Act there had been many parishes in more than one sanitary district, and many sanitary districts in more than one county. Under the new Act this state of things is changed. Duty of bringing the Act into Operation. — It is the duty of every county council to exercise such of their powers as may be requisite for bringing the Act into full operation within their county. Much of the work to be done is necessarily such as a council can scarcely do by itself, and therefore advantage will, no doubt, be taken of the provision in Section 83 to delegate the powers under the Act to committees (p. 238). Alterations of Areas and Boundaries. — Every parish which at the passing of the Act was situated partly within and partly without a rural sanitary district is divided, so that the part in one sanitary district constitutes one parish, and the part in another sanitary district (whether that other district be rural or urban) constitutes another parish (p. 156) ; and (unless the county council have otherwise directed) where a parish was at the passing of the Act in more than one urban district the several parts now constitute separate parishes (p. 157). Powers of altering areas are given to county councils under Section 57 of the Local Grovernment Act, 1888, and under Section 36 of the new Act (p. 156). The former section enacts that where the county council are satisfied that a primd facie case is made out as respects any county district not a borough, or as respects any parish, for — (a) the alteration or definition of the boundary thereof; (J) the division thereof or the iinion thereof with any other such district or districts, parish or parishes, or the trans- fer of part of a parish to another parish ; (c) the conversion of any such district or part thereof, if it is a rural district, into an urban district, and if it is an urban district, into a rural district, or the transfer of the whole or any part of any such district from one district to another, and the formation of new urban or rural districts ; {d) the division of an urban district into wards ; and (e) the alteration of the number of wards, or of the boun- daries of any ward, or of the number of members of any COUNTY COUNCILS. district council, or of the apportionment of such members among the wards, the county council may cause inquiry to be made in the locality, giving the prescribed notices* and such others as they may think fit ; and if in the result they are satisfied that the proposal is de- sirable, they may make an order accordingly (p. 162). In deciding upon the proposal the county council must give effect to the following rules (p. 157) : (1) The whole of each parish must be within the same ad- ministrative county ; (2) Unless the county council for special reasons otherwise direct — (a) the whole of each rural district must be within the same administrative county ; (6) the whole of each parish must be within the same county district ; (c) every rural district which will have less than five elected councillors must be united to some neigh- bouring district or districts ; and (3) The county council must take into consideration any report affecting the area made by the Boundary Com- missioners under the Local Government Act, 18S7 (p. 159). If in carrying out any of the above directions it appears to the county council that an alteration of the boundary of any county or borough is expedient, they must apply to the Local Grovernment Board for an order under Section 64: of the Local Grovernment Act, 1888 (p. 157) ; for although a joint committee of county councils may alter the boundaries of an area extend- ing into two or more counties, neither they nor any county council can themselves alter the boundary of any county or borough (p. 219). If an alteration in a poor law union seems desirable, the county council may by their order provide, as in Section 58, Local Govern- ment Act, 1888, or otherwise, that the union shall continue to be one union for any of the purposes of indoor paupers, but shall be divided into two or more poor law unions for the purposes of outdoor relief. The order requires confirmation bv the Local Government Board, and the guardians of the union may petition against it (p. 157). So where the alteration of the boundary of any parish, or the * See the order as to this iu the Appendix, p. 455. INTRODUCTION. division thereof, or the union of the whole or part of the parish with another parish, seems expedient for any of the purposes of the new Act, the county council may provide accordingly under Section 57 of the Local Grovernment Act, 1888, their order in this case being also subject to confirmation by the Local Government Board. Where an alteration of area is made under the new Act, the county council may, if it appears to them desirable, make an order for any of the matters mentioned in Section 59 of the Local Grovernment Act, 1888. These matters are specified fully on pages 164 and 165. Where a parish is divided by the Act the county council may by order provide for the application to different parts of that parish of the provisions of the Act with respect to the appoint- ment of trustees or beneficiaries of a charity (Section 14), and for the custody of parish documents (Section 17 [7 to 9]) ; but the order so far as regards the cliarity requires the approval of the Charity Commissioners (p. 157). If an order for dividing a parish, altering its boundary, or uniting it with some other parish is proposed to be made, reason- able notice must be given to the parish council if there is one, if not, to the jjarish meeting ; and the parish council or meeting may appear at any inquiry held by the county council as to the order, and may petition the Local Government Board against its confirmation (p. 158). Any order made by a county council under Section 36 of the Act, is to be deemed to be an order under Section 57 of the Local Government Act, 1888 (p. 158), and the council of any district or any board of guardians affected by the order, or one sixth of the county electors registered in that district, or in any ward of that district, or if the order relates only to a parish, one sixth of the county electors registered in that parish, may petition the Local Government Board to disallow the order (p. 163). Where more than one county is affected by any of these changes, the power of making the order is confided to a joint committee appointed by the councils of the counties affected; and Section 36 (11) of the Act should be referred to as to the cases in which the appointment of joint committees is necessary. Limit of Time for Alterations. — The power given to county councils for carrying out alterations in the areas and boun- COUNTY COUNCILS. daries of counties, districts, and parishes under Section 36 of the Act of 1894 for the purpose of bringing the Act into operation, ceased on 5th March, 1896, unless in any case the time has been extended by the Local Government Board (p. 159). In the absence of such extension the powers of the county council under that section are now vested in the Local Grovern- ment Board (p. 159). Change of Names. — Power to settle the names of districts is given to the county council by Section 24 (7), p. 132, and by Section 55 any district council may, with the sanction of the county council, change their name and the name of their district (p. 199). Power of CoimUj Councils as to Elections and Representatives. — Subject to the rules framed by the Local Government Board, every county council may fix the day of the poll of any elections under the Act, and the hours during which the poll is to be kept open, so, however, that the poll be always open between the hours of 6 p.m. and 8 p.m. (p. 187). If any difficulty arises as to the election of any individual councillor or guardian, or member of any metropolitan veatry, or of Woolwich Local Board, or as to the election of an auditor of a metropolitan vestry, and there is no provision for holding another election, the county council may order a new election and give the necessary directions (p. 189). If any parish council become unable to act by reason of a want of councillors, whether from failure to elect or otherwise, the county council may order a new election, and may by order make such provision as seems expedient for authorising any person to act temporarily in the place of the parish council and of the chairman thereof (p. 187). If any district council, other than a borough council, become unable to act, whether from failure to elect or otherwise, the county council may order elections to be held, and may appoint persons to form the district council until the newly elected members come into office (p. 212). The county council may from time to time fix or alter the number of guardians or rural district councillors to be elected for each parish within their county, and may settle the mode of their retirement, whether annually by thirds or triennially (p. 212). If the parish is a new one separated from an old parish by INTRODUCTION. the Act, the county council may fix the number of guardians, and if it is a rural parish the number of district councillors to be elected. In default of a fixture by tlie county council one guardian and one district councillor are to be elected for each such parish. Where the county council on the application of the board of guardians of any union in their county consider that it would be expedient to provide for the simultaneous retirement of the whole of the board of guardians for the union, they may direct that the members of the board of guardians for that union shall retire together on the fifteenth day of April in every third year, and such order will have full effect, and where a union is in more than one county, an order may be made by a joint committee of the councils of those counties. Where at the passing of the Act the whole of the guardians of any union, in pursuance of an order of the Local Government Board, retire together at the end of every third year, tliey will continue so to retire, unless the county council, or a joint com- mittee 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 (p. 126). A county council may on request made by a resolution of an urban district council, passed by two thirds of the members voting on the resolution, direct that the members of such council shall retire together on the fifteenth day of April in every third year, and such order will have full effect (p. 130). The county council may fix a scale of expenses for elections under the Act (p. 189). Relief from Disqualification. — Where a person who ia a parish councillor, or is a candidate for election as a parish councillor, is concerned in any such bargain or contract, or participates in any such profit, as would disqualify him for being a parish councillor, the disqualification may be removed by the county council if they are of opinion that such removal will be beneficial to the parish (p. 183). Parish Wards. — A county council may on the application of a parish council, or not less than one tenth of the parochial electors of a parish, and on the conditions indicated in Section 18 (p. 119), order that a parish be divided into wards for the election of parish councillors, and they may subsequently revoke or vary the order on similar application being made to them. COUNTY COUNCILS. The county council may also from time to time fix or alter the number of guardians or rural district councillors to be elected for each parish within their county, and for those purposes certain powers are given to them of adding parishes to each other, and dividing parishes into wards {see pages 212 and 213). Where part of a parish has a defined boundary, and property or rights distinct from the rest of the parish, the county council may order that the consent of a parish meeting held for that part of the parish shall be required for any specified dealing with such property or rights by the parish council (p. 165). The order does not require confirmation by the Local Govern- ment Board (p. 1G7). Grouping Parishes and dissolving Groups. — The county council may group parishes or dissolve the groups (p. 165). Where parishes are grouped, the whole area under each parish council must, unless the county council for special reasons other- wise direct, be within the same administrative county and county district. The grouping order must make the necessary provisions for the name of the group, for the parish meetings in each of the grouped parishes, and for the election of separate representatives of each parish on the parish council, and may provide for the consent of the parish meeting of a parish to any particular act of the parish council, and for any other adaptations of the Act to the group of parishes, or to the parish meetings in the group. It should also specify the number of councillors to constitute the parish council for the group and the number to be elected from each parish (p. 69) ; and it must provide for the application of the provisions of Sections 1-1 and 17 of the Act with respect to the appointment of trustees and beneficiaries of a charity, and the custody of documents, so as to preserve the separate rights of each parish. On the a])plication of the parish meeting of any parish for a* grouping order respecting that parish, or if the parish has a less population than two hundred, for a parish council, such applica- tion must be forthwith taken into consideration by the county council. The county council may, on the application ot the council lor any group of parishes or of the parish meeting for any parish included in a group of parishes, make an order dissolving the group. The order must provide for the election of parish councils 8 INTRODUCTION. of the parishes in the group, and for the adjustment o£ property, rights, and liabilities as between separate parishes and the group (p. 166; A grouping order, and an order establishing or dissolving a parish council, or dissolving a group of parishes, and an order I'elating to the custody of parish documents or requiring the ap- proval of the Charity Commissioners, does not require sub- mission to or confirmation by the Local Government Board (p. 167). But Section 71 provides that a copy of every order made by a county council in pursuance of the Act shall be sent to the Local Government Board, and, if it alters any local area or name, also to the Board of Agriculture (p. 221). Conferring Parish and Urban Powers, — On the application of the parish meeting the county council may confer on that meet- ing any of the powers conferred on a parish council by the Act (pp. 120-1). A county council may also apply to the Local Government Board to confer urban powers on any rural area under Section 276, Public Health Act, 1875 (p. 134). Increase and Decrease of Population. — Where the population of a parish not having a separate parish council increases so as to justify the election of such council, the parish meeting may petition the county council, and the county council may order the election of a parish council in that parish. The order must make provision for separating the parish from any group in which it is included, and for the alteration of the parish council of the group, and for the adjustment of property, rights, and liabilities as between the group and the parish with a separate parish council. Where the population of a parish, according to the last pub- lished census for the time being, is less than two hundred, the parish meeting may petition the county council, and the county council may order the dissolution of the parish council, and from and after the date of the order tlie Act will apply to that parish as to a parish not having a parish council. The order must make provision for carrying it into efiect, and for the disposal and adjustment of the property, rights, and liabilities of the parish council. Where a petition for such an order is rejected,, another petition for the same purpose cannot be presented COUNTY COUNCILS. within two years from the presentation of the previous petition (p. 107). Areas under the Adoptive Acts. — "Where on the appointed day any of the adoptive Acts (p. 84) were in force in an area which, after tlie appointed day, is not comprised within one rural parish, or if the area was partly comprised in an urban district, 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 undue altera- tion of tlie incidence of liability to rates and contributions, or of the riglit to property belonging to the area, regard being had to any corresponding advantage to persons subject to the liability or entitled to the right (p. 197). Highways.— By Section 25 of the Act the powers formerly exercised by highway boards in rural districts were transferred to the rural district councils, but the county council were em- powered to postpone the operation of the transfer for a term not exceeding three years from the appointed day, or such further period as the Local Government Board may allow (p. 133). Where in any parish maintaining its own highways such post- ponement takes place, the highway expenses will not be deemed to be included within the limit of expenditure for parish councils or parish meetings allowed by the Act (p. 237). The order of postponement must have provided for holding elections of highway boards until their duties are transferred (p. 239). Where in any district the district council, acting under Section 82, repair highways which on the appointed day were repairable at the expense of a particular parish or area, and charge the expenses as a separate charge on the parish or area, the question whether any such expenses are properly a separate charge on the parish or area must be determined by tiie county council (p. 237). Under Section 11 of the Local Government Act, 1888, a county council were enabled to contribute towards the cost of certain highways, and now, by the Act of 1894. they are em- powered to make their contribution subject to any such con- ditions for the proper maintenance and repair of such highways as may be agreed on between the county council and the high- way authority (p. 134). 1 INTRODUCTION. Sanction to Parish Loans. — The consent of the county council is needed before a parish can lawfully incur any expense or liability which will involve a loan (p. 101). A county council may lend to a parish council any money which the parish council are authorised to borrow, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise the money by loan, subject to the like conditions and iu 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 (p. 104). Creation of New Boroughs or Tlrlan Districts. — Where a new borough is created, or any other new urban district is constituted, or the area of an urban district is extended, then — (a) as respects any rural parish or part of a rural parish which will be comprised in the borough or urban district, pro- vision must be made, either by the constitution of a new parish, or by the annexation of the parish or parts thereof to another parish or parishes, or otherwise, for the appointment of overseers, and for placing the parish or part in the same position as other parishes in the borough or district ; and h) as respects any parish or part which remains rural, pro- vision must 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 government of the parisli or part ; and (c) provision must also where necessary be made for the adjustment of property, debts, and liabilities. This provision must be made («) where a new borough is created by a scheme under Section 213 of the Municipal Cor- porations Act, 1882 ; ih) where any other new urban district is constituted, by an order of the county council under Section 57 of the Local Government Act, 1888 ; (c) where the area of an urban district is extended, by an order of the Local Government Board under Section 54, or of the county council under Section 57 as the case may be, of the Local Government Act, 1888. Where the area of an urban district is diminished, these pro- visions will apply with the necessary modifications (p. 198). Complaint of Default of District Council. — The following are the powers and duties of a county council on receiving complaint of COUNTY COUNCILS 11 default of a district council. Where a parish council resolve that a rural district council ought to have provided the parish with sufiBcient sewers, or to have maintained existing sewers, or to have provided the parish with a supply of water in cases where danger arises to the health of the inhabitants from the insuf- ficiency or uuwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or to have enforced with regard to the parish any provisions of the Public Health Acts which it is their duty to enforce, and have failed so to do, or that they have failed to maintain and repair any high- way in a good and substantial manner, the parish council may complain to the county council, and the county council, if satisfied after due inquiry that the district council have so failed, may resolve that the duties and powers of the district council for the purpose of the matter complained of shall be transferred to the county council. Or, upon any such complaint, the county council may, instead of resolving that the duties and powers of the rural district council be transferred to them, make an order under Section 299 of the Public Health Act, 1875, and may appoint a person to perform the duty mentioned in the order, and upon such appointment Sections 299 to 302 of the Public Health Act, 1875, will apply with the substitution of the county council for the Local Grovernment Board (p. 114). Where a parish council represent to the district council that any public right of way within the district or an adjoining district in the county or counties in which the district is situate has been unlawfully stopped or obstructed, or that an unlawful encroachment has taken place on any roadside waste within the district, it will 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 proceedings on such representation, the parish council may petition the county council, and if that council so resolve the jjowers and duties of the district council under this section will be transferred to the county council (p. 13G). Where the powers of a district council are by virtue of such a resolution transferred to a county council, the following pro- visions are to have efl"ect : (a) Notice of the resolution of the county council by virtue of which the transfer is made must be forthwith sent to the district council and to the Local Government Board ; 12 INTRODUCTION. (h) The expenses incurred by the county council will be a debt from the district council to the county council, and must be defrayed as part of the expenses of the district council in the execution of the Public Health Acts ; (c) The county council for the purpose of the powers trans- ferred may, on behalf of the district council, borrow, subject to the like conditions, in the like manner, and on the securit}' of the like fund or rate, as the district council might have borrowed for the purpose of those powers ; (d) The county council may charge the said fund or rate with the payment of the principal and interest of the loan ; (e) The county council must keep separate accounts of all receipts and expenditure in respect of the said powers ; (f) The county council may by order vest in the district council all or any of the powers, duties, property, debts, and liabilities of the county council in relation to any of the said powers, and the property, debts, and liabilities so vested will be deemed to have been acquired or in- curred by the district council for the purpose of those powers. /Where a rural district is situate in two or more counties a parish council 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 must be referred to a joint committee of the councils of the counties concerned. Any question arising as to the constitution of such joint committee must be determined by the Local Government Board, and if any members of the joint committee are not appointed the members who are actually appointed must act as the joint committee (pp. 215-6). Where a representation as to the want of allotments in a parish has been made to a district council and disregarded by them, the parish council may (p. 93) petition the county council in the manner and with the results indicated in Section 2 of the Allot- ments Act, 1890 (p. 284). Hirinr/ and Acqairinff of Land, — Where a parish council desire to obtain land by agreement for the purposes of the Acts but are unable to do so, they may make a representation to the county council under Section 9. COUNTY COUNCILS, 13 It' on any such representation, or on any proceeding under the Allotments Acts, 1887 dud 1890, the county council are satisfied that suitable land for the 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 Section 9 of the Act, they must 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 occu- piers of the land proposed to be taken as are prescribed by the Local Government Board (p. 91), and all persons interested will be permitted to attend at the inquiry, and to support or oppose the taking of the land. After the completion of the inquiry, and considering all objections made by any persona interested, the county council may make an order for putting in force, as respects the said land or any part thereof, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement. A copy of any such order must be served in the manner prescribed by the Local Government Board, together with a statement that the order will become final and have the eftect 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 tlie order shall not become law without further inquiry. The order made by the county council must be deposited with the Local Government Board (p. 91), and requires their con- firmation (p. 92). If the county council refuse to make the order, an appeal lies to the Local Government Board from their decision (p. 91). On receiving a representation from a parish council that allotments are required in their parish, and that they are unable to hire suitable land for the purpose on reasonable terms by agreement, the county council may make an order authorising the parish council to hire compulsorily for allotments, for a period not less than 1-1 years nor more than 35 years, such land in or near the parish as is specified in the order. The order, as regards confirmation and otherwise, is subject to the like pro- visions as an order for acquiring land under Section 9 of the Act (pp. 96-7). The Local Government Board or the county council may 1 4 INTRODUCTION, embody in the order such of" the provisions of the Lands Clauses Acts as appear to be sufficient for carrying the order into effect, and for protecting the pariah council and persons interested in the land (p. 98). Miscellaneous Provisions. — The county council are empowered to make regulations requiring security to be given by treasurers of parish councils appointed under Section 17 (6) of the Act (p. 117). Provision is made in Section 17 of the Act for certain docu- ments being deposited with the clerk or chairman of the parish council. Every county council must from time to time inquire into the manner in which the public books, writings, papers, and documents under the control of the parish council or parish meeting are kept with a view to the proper preservation thereof, and must make such orders as they think necessary for such preservation, and those orders must be complied with by the parish council or parisli meeting (p. 117). A county council may employ a district council as their agents in the transaction of any administrative business on matters arising in, or affecting the interests of, its own district (p. 21G). The county council may determine, in case of dispute, the proportions in which the costs of joint committees of district and parish councils are to be borne, where such committees have been appointed under Section 57 of the Act (p. 201). Expenses of the County Council. — It is provided in Section 9 (19) that the expenses of a county council in acquiring land for a parish council shall be defrayed in like manner as in the case of a local inquiry under the Act (p. 94). Where a county council hold a local inquiry under the 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 com- mittee 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 ; but otherwise the expenses of the county council incurred in the case of inquiries under the Act are to be paid out of the county fund (p. 221). The expenses of a county council in exercising the powers COUNTY COUNCILS. 15 which by resolution have been transferred to them in consequence of the default of a district council, constitute a debt from the district council to the count}' council. In such a case the county council may if necessary borrow money for the purposes of those powers, and the loan must be repaid by the district council (p. 215). 16 INTRODUCTION. CHAPTEE II.— DISTRICT COUNCILS. The sanitary authorities of urban districts are now called urban district councils, and the sanitary authorities of rural dis- tricts are rural district councils (p. 127). Ueban District Councils. Constitution and Election. — Subject to the disqualifications mentioned in Section 46 (p. 182) — Any man or woman, married or single, is qualified to be elected a councillor in an urban district other than a borough, who is a parochial elector of some parish within the district, or has during the whole of the twelve monthe preceding the election resided in the district. Subject to the disqualifications specified in pages 180 and 181, the persons entitled to vote at the election of a councillor in an urban district are the parochial electors of every parish or ward of a parish within the district, whether they are ratepayers or not. No elector may give more than one vote to any one candidate, though he may give one vote to any number of candidates not exceeding the number to be elected (p. 130). There are no ex officio or nominated members of an urban district council, but the chairman may be elected by the council (p. 437) from outside the councillors (p. 211). The election of urban district councillors must be conducted according to rules issued under the Act by the Local Govern- ment Board (p. 130). The term of office of an urban di^itrict councillor is three years. One third of the council will retire annually on the 15th April, unless the county council, on request by resolution passed by two thirds of the members of the urban district council voting on the resolution, direct that the whole of the council shall retire on the 15th April in every third year (p. 130). DISTUICT COUNCILS. 1 Of the first urban district councillors elected under the Act, the third who are respectively to retire on the 15th April, 1«96, and I5th April, 1897, are to be determined according to their place on the poll at the election, those that were lowest on the poll retiring first. If there was no poll, or if a question arises in consequence of an equality of votes between two or more councillors, the matter must be determined by ballot conducted under the direction of the council. In the case of an urban district divided into wards, the provisions as to retirement apply separately to each ward (p. 230). Adoptive Acts in Force in Urban Districts. — Where there is in any urban district, or part of an urban district, any authority constituted under any of the adoptive Acts mentioned on page 84, 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 will be transferred, the authority will cease to exist, and the council will be the successors of that authority. Such adoptive Act cannot now be adopted for any part of an urban district without the approval of the council of that district (p. 214). If the area on the appointed day under any authority under any of the adoptive Acts was partly comprised within an urban district, the powers and duties of the authority were transferred to the parish council of the rural parish wholly or partly com- prised in that area and to the district council of the urban district ; and until other provision is made under the Act, such powers, &c., must be exercised by a joint committee appointed by those councils. If the rural parish concerned has not a parish council, the parish meeting must act (p. 107). Conferring Parish Powers on Urban Councils. — The Local Government Board may on the application of any urban district council (including any municipal or county borough council), or of any representative body within an urban district or borough, make an order conferring on tliat urban district or borough council or some other representative body within the district or borough, all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revocation of the appointment of assistant overseers, any powers, duties, or 2 18 INTRODUCTION. liabilities of overseers, and any powers, duties, or liabilities of a parish council, either for the whole or for specified parts of the urea of the urban district or borough (p. 150). Where the order confers on the council of an urban district, or some other representative body within the district, either the appoiutment of overseers and assistant overseers, or the powers, duties, and liabilities of overseers, that order or any subsequent order of the Local Grovernment Board may confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Eate Assessment and Collection Act, 1869, as to compounding with owners for the payment of rates by them instead of by occupiers (p. 155). Where the powers of the Act with regard to the appointment of trustees of any charity are conferred upon any municipal or county borough, or urban district council, if it appears to the Local Government Board that by reason of the circumstances con- nected with any parish under the jurisdiction of the borough or urban district council, or with the parochial charities of such parish, the parish will not, if the majority of the body of trus- tees administering the charity are appointed by the borough or district council, 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 nomi- nation of the councillors elected for the ward or wards comprising such parish or any part of such parish (p. 150). Expenses ; Rules applying specially to Urban District Councils. — The expenses incurred by the council of an urban district in executing the additional powers conferred on the council by the Act of 1894i will in general be defrayed in a borough out of the borough fund or rate, and in any other case out of the district fund and general district rate or other fund applicable towards defraying the expenses of the execution of the Public Health Act, 1875 (p. 145). The accounts of an urban district council are to be made up yearly to the 31st March in the form prescribed by the Local Government Board. They will be audited by the district auditor (p. 202). EuEAL District Councils. Constitution and Election. — For every rural sanitary district there is a rural district council, whose district is called a rural district (p. 128). DISTRICT COUNCILS. 19 Where a rural sanitary district was on the appointed day situate in more than one administrative county, such portion thereof as was situate in each administrative county, unless otherwise pro- vided by or in pursuance of this or any other Act, became as from the appointed day a rural district. But where the number of councillors of any such district is less than five, the pro- visions, jio far as unrepealed, of Section 9 of the Public Health Act, 1875 (p. 182), with respect to the nomination of persons to make up the members of a rural authority to five, apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the district council of an adjoining district in another county with which it was united before the appointed day ; and, if they so direct, the councillors of the district will be entitled, so far as regards those affairs, to sit and act as members of that district council. A separate account must, however, be kept of receipts and expenses in respect of the district, and the same will be credited or charged separately to the district. Every district council for a rural district is a body corporate by tlie name of the district council, with the addition of the name of the district, or if there is any doubt as to the latter name, of such name as the county council direct. Power to change the name is given in Section 55 (p. 199). It will have perpetual succession and a common seal, and may hold land for the purposes of its powers and duties without licence in mortmain (p. 132). The district council of every rural district consists of a chair- man and councillors, and the councillors must be elected by the parishes or other areas for the election of guardians in the district. The number of councillors for each parish or other area in a rural district will be the same as the number of guardians for that parish or area (p. 131). Subject to the disqualifications mentioned in Section 46 (p. 182), any man or woman, married or single, is qualified to be a councillor for a rural district who is either a parochial elector of some parish within the district, or who has during the whole of the twelve months preceding the election resided in the district (pp. 131, 125). Subject to the disqualifications specified in pages 180-1, the persons entitled to vote at the election of a councillor in a 20 INTRODUCTION. rural district will be the parocliial electors of every parish in the district ; and if the parish 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 (pp. 131 and 125). No elector may give more than one vote to any one can- didate, but he may give one vote to any number of can- didates not exceeding the number to be elected (pp. 131 and 125). There are no ex officio or nominated members of a rural dis- trict council, but the chairman may be elected by the council from outside the councillors (pp. 131 and 125). The election o£ rural district councillors must be conducted according to rules issued under the Act by the Local Govern- ment Board (pp. 131 and 125). The term of office of a rural district councillor is three years. One third of the council will retire annually on the 15th April, unless the county council on the application of the rural council direct that the whole of the council shall retire on the 15th April in every third year ; or unless prior to the 5th March, 1894, the rural sanitary authority which preceded the rural council in any particular district retired together triennially (pp. 131 and 126). The guardians and rural district councillors to retire re- spectively on the 15th April, 1896, and on the 15th April, 1897, will be the guardians and rural district councillors for such parishes, wards, or other areas as may be determined by the county council for the purpose of the rotation. Where guardians or rural district councillors retire together at the end of the triennial period, the guardians and district councillors first elected under this Act retire on the 15th day of April, 1898 (p. 230). ^lace of Meeting. — Any rural district council is entitled to use for the pui'pose of their meetings and proceedings the board- room and offices of any board of guardians for the union com- prising their district at all reasonable hours, and if any question arises as to what hours are reasonable it may be determined by the Local Government Board (p. 211), No meetings may be held at public-houses except in cases where no other suitable room is available for meeting either free of charge or at a reasonable cost (p. 214). Transfer of Sanitary and Highway Poioers. — As from the DISTKICT COUN'CILS. 21 appointed clay, the Act has transferred to the district council of every rural district all the powers, duties, and liabilities of the rural sanitary authority in the district, and of any highway authority in the district, highway boards cease to exist, and rural district councils are the successors of the rural sanitary authority and highway authority, and also have as respects highways all the powers, duties, and liabilities of an urban sanitary authority under Sections 144- to 148 of the Public Health Act, 1S75 (p. 133), and those sections 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. The council of any county may, however, have postponed within their county or any part thereof the transfer of highway powers for a term not exceeding three years from the appointed day, or such further period as the Local Grovernment Board may have allowed (p. 133). Where a highway repairable ratione tenures appears on the report of a competent surveyor not to be in proper repair, and the person liable to repair the same fails when requested so to do by the district council to place it in proper repair, the district council may place the highway in proper repair, and recover from the person liable to repair the highway the necessary expenses of so doing. Where a highway authority receives any contribution from the county council towards the cost of any highway under Section 11 (10) of the Local Government Act, 1888, such contribution may be made, subject to any such conditions for the proper maintenance and repair of such highways, as may be agreed on between the county council and the highway authority. Where the council of a rural district become the highway authority for that district, any excluded part of a parish under Section 216 of the Public Health Act, 1875, which is situate in that district ceases to be part of any urban district for the purpose of highways, but until the council become the highway authority such excluded part of a parish will continue subject to the said section (pp. 133-4). Conferring Urban Powers. — Rural district councils will have such powers, duties, and liabilities of urban sanitary authorities under the Public Health Acts or any other Act, and such pro- visions of those Acts relating to urban districts as the Local Grovernment Board by general order direct. 22 INTRODUCTION. Ttie power to make such general orders is in addition to and not in substitution for the powers conferred on the Board by- Section 276 of the Public Health Act, 1875, or by any enactment applying that section ; and every such order made by the Local Government Board must be forthwith laid before Parliament. The powers conferred on the Local Government Board by the said Section 276, or by any enactment applying that section, may be exercised on the application of a county council, or with respect to any parish or part of a parish on the application of the parish council of that parish (p. 134). Where before the appointed day the highway expenses were charged on a particular parish or other area, and not on a dis- trict, the district couucil may determine that the highways in that parish or area shall be placed in proper repair before the expenses of repairing the same become a charge upon the district, and, failing such highways being placed in proper repair to the satisfaction of the district council, they may themselves do the repairs. The expense incurred by them of placing those high- ways in proper repair will be a separate charge on the parish or area, and any question which arises as to whether any such ex- penses are properly a separate charge on the parish or area must be determined by the county council. "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 will not be deemed to be expenses of the parish council or of the parish meeting within the meaning of Section 11 of the Act (p. 237). Although by the new Act various powers of dealing with nui- sances and of providing drainage and water-supply are given to parish councils, yet it is expressly provided that the gift of these powers is not to derogate from the obligation of a district council with respect to the supply of water or the execution of sanitary works (p. 88). The duties in regard to these matters imposed upon rural sanitary authorities under the Public Health Acts devolve without diminution upon their successors the rural district councils. Hence the duty of seeing that their district is provided with adequate means of drainage and other sanitary works, and with a proper supply of water, still devolves on every rural district council. MsriMc'I' (orNriLS. 23 Notice to Parish Council of Intended Public Works. — Where a rural district council determine to adopt plans for the sewerage or water-supply of any contributory place within the district, they mus-t 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 (p. 114). Delegation of Powers. — A rural district council may delegate to a parish council any power which may be delegated to a paro- chial committee under the Public Health Acthi, and thereupon those Acts will apply as if the parish council were a parochial committee, and where the district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those other persons must, where there is a parish council, be or be selected from the members of the parish council (p. 118). Where a parish council act as a parochial committee by dele- gation from the district council, they are entitled to have the services of the clerk of the district council unless that council otherwise direct (p. 116). Default of District Council. — AVhere a district council make default in providing their district with sufficient sewers or water- supply, or enforcing any of the provisions of the Public Health Acts which it is their duty to enforce, the parish council of any parish atfected may complain to the county council under Section IG of the Act (p. 114). Similarly, under Section 20, complaint may be made to the county council where the district council have failed to take proceedings respecting the stopping, obstructing, or encroaching on a public right of way (p. 136). And where they have disregarded a representation as to the want of allotnieuts, the aid of the county council may be invoked under Section 9 (pp. 03 and 95). Expenses ; Rules applying specially to Pural Councils. — The expenses incurred by the council of a rural district are to be defrayed as directed by th'e Public Health Act, 1875, with respect to expenses incurred in the execution of that Act by a rural sanitary authority ; Provided as follows (p. 145) : (a) Highway expenses must be defrayed as general expenses ; (b) When the Local Government Board determine any expenses under the Act to be special and a separate 24: INTRODUCTION. charge on any contributory place, they may in certain cases direct such special expenses to be raised as general expenses, and not by a separate rate for special expenses as mentioned in Section 230 of the Public Health Act, 1875 (p. 145) ; (c) A district council will have the same power of charging highway expenses under exceptional circumstances on a contributory place as a highway board has in respect of any area under Section 7 of the Highways and Locomo- tives (Amendment) Act, 1878 (p. 145) ; (d) "Where highway expenses would, if the new Act had not passed, have been in whole or in part defrayed in any parish or other area out of any property or funds other than rates, the district council must make such provision as will give to that parish or area the benefit of such pro- perty or funds by way of reduction of the rates on the parish or area (p. 146) . Peovisioxs applying to both Ueban and Eueal Disteict Councils. Elections. — AVhere a parish is divided by the Act into two or more new parishes, then, subject to any order made by the county council, there is to be one district councillor for each new parish in a rural district. Of the urban and rural district councillors first elected under this Act, in districts where the councils retire by thirds annually, one third as nearly as may be continue in ofiice until the 15th day of April, 1896, and then retire ; one third as nearly as may be will continue in office until the 15th day of April, 1897, and then retire ; and the remainder will continue in office until the 15th day of April, 1898 (p. 230). If any difficulty arises as respects the election of any indi- vidual councillor, and there is no provision for holding another election, the county council may order a new election to be held, and give the necessary directions concerning it (p. 189). 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 (p. 212). The provisions of the Municipal Corporations Act, 1882, and DISTinCT COUNCILS. the enactments amending the same with respect to the expenses of elections of councillors of a borough, and to the acceptance of oflBce, resignation, re-eligibility of holders of office, and the filling of casual vacancies, apply, with the necessary modifica- tions, to the election of district councillors, except that there will be no election to fill a casual vacaut-y which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs. The provisions as to resignation do not apply to rural district councillors (p. 188). Annual Meeting. — The annual meetings of district councils must be held as soon as convenient after the 15th April in each year (pp. 211 and 437). Place of Meeting. — No meeting of a district council must be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such meeting either free of charge or at a reasonable cost (p. 214). Rural district councils are entitled to meet in the board-room of the board of guardians (p. 211). Utiles for Meetings. — The meetings and proceedings of all district councils are to be conducted according to the rules foi tlie meetings of local boards, except that the chairman of the district council may be elected from outside the councillors (p. 21]). These rules will be found on pages 437-8. Unless a woman, or personally disqualified by any Act, the chairman for the time being of a district council will be a justice of the peace for the county, subject to his taking the necessary oaths (p. 128). Any urban district council other than a borough council, and any rural district council may appoint a vice-chairman to hold office during the term of office of the chairman, and the vice-chair- man will, in the absence or during the inability of the chairman, have his powers and authority (p. 211). Powers, Duties, Sfc, of all District Councils.— It is the duty of every district council to protect all public rights of way, and to prevent as far as possible the stopping or obstruction of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stoppage or obstruction thereof would in their opinion be prejudicial to the interests of their district, and to prevent any unlawful encroachment on any roadside waste 26 INTKODUCTION. within their district (p. 136). But by Section 13 a district council raay consent to the stopping in whole or in part, or the diverting of a public right of way within a rural parish (p. 106). A district council may with the consent of the county council for the county within which any common land is situate aid per- sons in maintaining rights of common where, in the opinion of the council, the extinction of such rights would be prejudicial to the inhabitants of the district ; and may with the like consent exercise in relation to any common within their district all such powers as may, under Section 8 of the Commons Act, 1876 (p. 136), be exercised by an urban sanitary authority in relation to any common referred to in that section ; and notice of any application to the Board of Agriculture in relation to any common within their district must be served upon the district council. A district council may for these purposes institute or defend any legal proceedings, and generally take such steps as they deem expedient (p. 136). The council of every county borough will have the additional powers conferred on a district council by Section 26 (p. 137). The district council of the district has the powers, duties, and liabilities formerly possessed by justices out of session in relation to the following matters when arising within their district : (a) the licensing of gangmasters ; (I) the grant of pawnbrokers' certificates ; (c) the licensing of dealers in game ; (d) the grant of licences for passage brokers and emigrant runners ; (e) the abolition of fairs and alteration of days for holding fairs ; (/) the execution as the local authority of the Acts relating to petroleum and infant life protection ; and also the powers, duties, and liabilities of quarter s^essions in relation to the licensing of knackers' yards. All fees payable in respect of these powers, duties, and liabili- ties are payable to the district council (pp. 138-9). Creation of Neio Urban Districts and Chanr/es of Name.— IS ew urban districts may be created from time to time, and provisions are contained in Section 54 of the Act (p. 198) as to the mode of dealing with the rural area out of which the new urban district is taken. DISTRICT COUNCILS. 27 "With the sanction of tiie county council any district council may change their name and the name of their district (p. 199). Conferring Parish Powers.^T\\e Local Government Board may, on the application of the council of any municipal borough, including a county borough, or of any other urban district, make an order conferring on that council or some other representative body within the borough or district all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revocation of appointment of assistant overseers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a parish council, and applying with the necessary modifications the ])rovisions of the Act with reference thereto (p. 150). Where it appears to the Local Government Board that, by I'eason 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 luajority of the body of trustees administering the charity are appointed by the council of the borough or district, be properly represented on that body, they may, by their order, provide that such of those trustees as are appointed by the council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish. Any sucli order may provide for its operation extending either to the whole or to specified parts of the area of the borough or urban district, and may make provisions for carrying the order into efi'ect. The order must not alter the incidence of any rate. It must make the necessary provisions for the preservation of the existing interests of paid officers. Such an order may also be made on tlie application of any representative body within a borough or district (p. 151). Appointment of Committees and Joint Committees. — A district council (but not a borough council) may appoint committees under Section 56 of the Act, consisting wholly or partly of members of the council, for exercising any powers which can be properly exercised by committees. Such a committee cannot hold office beyond the next annual meeting of the council, and its acts must be submitted to the council for approval. If the committee is appointed for any of the purposes of the 28 INTRODUCTION. Public Health Acta or Highway Acts, it may be authorised by the council to institute any proceeding or do any act which the council might have done for that purpose, other than the raising of a loan or the making of a rate or contract (pp. 200-1). The proceedings of committees of district councils are regulated by the rules on page 248. A district council may concur with any other district or parish council or councils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in conferring, with or without conditions or restrictions, on any such committee any powers which the appointing council might exercise if the purpose related exclu- sively to their own parish or district (p. 201). A council cannot delegate to any such committee any power to borrow money or make any rate. A joint committee thus appointed cannot hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it. The costs of a joint committee must be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difference by the county council (p. 201). A district council may be employed by a county council to act as the agents of the latter in transacting any administrative business or matters arising in or affecting the interests of the district (p. 216). Any district council may make agreements with other autho- rities interested for the adjustment where adjustment is required, of any property, income, debts, liabilities, and expenses ; and, in default of agreement, they may refer the matter to arbitration (pp. 217-8). The effect of transfers of property, debts, and liabilities to district councils is indicated on page 217. Expenses. — If a district council, or any of the inhabitants of the district, apply to a county council to hold a local inquiry under the Local Government Acts (either of 1888 or 1894), and such an inquiry is held, the expenses of holding it must be paid by the district council (p. 221). Where existing officers are affected by this Act, and it is desired to pay compensation to them, provision for this is made in Section 81 (p. 233). DISTKKT CorNCILS. 29 Where the powers of a district council are by virtue of a resolution under the Act transferred to a county council {e.g. where the district council is in default), the expenses incurred by the county council will be a debt from the district council to them, and must be defrayed as j)art of the expenses of the district council in the execution of the Public Health Act (p. 215). Expenses by way of adjustment paid by any district council may be general expenses ; but they will be special expenses if so directed by the council witli the approval of the Local Government Board (p. 21S). All fees payable in respect of the powers, duties, and liabilities transferred to district councils by Section 27 of tlie Act (relating to grants of licences, the execution of the Petroleum and Infant Life Protection Acts, &c.) are payable to the district council (p. 139). 30 ■ INTRODUCTION. CHAPTER III.-PARISH MEETINGS. EvEET rural parish has its parish meeting, vvliether there is a parish council or not, and whether or not the parish is grouped, with one or more neighbouring parishes (p. 66). AVhere a parish council exists the business of the parish is mainly carried out by that council. In other cases it is done by the parish meeting or by committees constituted by that meeting. The persons entitled to attend a parish meeting are the paro- chial electors for the parish, and no others. The parochial electors are the persons whose names are entered in that portion of the Local Government register of electors, or of the Parliamentary register of electors, which relates to the parish (p. 68). A woman is not disqualified by marriage for being on any Local Government register of electors, or for being an elector of any local authority ; but a husband and wife cannot both derive their qualification from the same property (p. 168). This, however, applies only to elections and meetings under the Local Government Act, 1894, It does not extend to elections of county councils or of municipal corporations. Annual Assembly. — There must be an annual assembly of the parish meeting on some day between the 1st March and the let April, both inclusive, in each year (p. 242). Convening Meetings ; Time and Place of Meeting. — The parish meeting must assemble at least once in every year (p. 68), and as much oftener as may be fixed by the parish council (p. 181). Moreover 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 (p. 181). TAKlSll MKETINOS. 31 The mode of convening a pariah meeting ia by giving public notice thereof. The notice must specify the time and place of the intended meeting and the business to be transacted ; and it must be signed by the chairman of the parish council or other conveners of the meeting. If the business relates to the establishment or dissolution of a parish council or the grouping of a parish, or the adoption of any of the adoptive Acts (see p. 81), not less than fourteen days' notice of the meeting must be given. In any other case not less than seven clear days' notice is sufficient (p. 243). The notice must be given in the same manner as notices of vestry meetings were given before the Act (p. 194), 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 parish council or to the persons convening the meeting desirable for giving publicity to the notice (p. 194). The place and hour of the meeting will be fixed by the parish council, tlie chairman of the parish meeting Avhere there is no ■parish council (p. ISl), or the persons convening the meeting (p. 243), as the case may require, but the proceedings at a parish meeting must not in any case begin earlier than 6 p.m. (p. 68). jSo parish meeting, however, must be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for such meeting, either free of charge or at a reasonable cost (p. 214). If in any rural parish there is no suitable public room vested in the parish council which can be used free of charge, the paro- chial electors are entitled to use free of charge (but subject to payment of expenses and damages) at all reasonable times, and after reasonable notice, any suitable room in any public elementary school, not being part of a private dwelling-house (p. 72). There is nothing in the Act which requires a parish meeting to be held within the parish, but it is desirable that it should not be held outside the parish if this can be avoided. Chairman of Parish Meeting. — If the chairman of the parish council is present at a parish meeting and is not a candidate for election at the meeting, and is able and willing to take the chair he is entitled (subject to what is hereafter stated) to be chair- man of the meeting (p. 181). If he is absent or is unable or unwilling to take the chair at any assembly of the parish meeting, the meeting may appoint 32 INTRODUCTION. a person to take the chair, and that person will have, for the purpose of that meeting, the powers and authority of the chairman (pp. 68 and 245). As none but parochial electors can attend a parish meeting (p. 68) it follows that the chairman must be a parochial elector. The chairman of a parish council is not of necessity a parochial elector, and, when this is the case, the chairman of the parish council cannot be chairman of the parish meeting. Powers and Duties*— A. parish meeting may discuss parish aftairs and pass resolutions thereon (p. 243). The action, assent, or approval of the parish meeting is neces- sary in the following cases : (1) The election of parish councillors (pp. 69 and 187). (2) Where there is doubt as to the name of a parish {e.g. where a parish is divided by the Act) the name is to be settled by the county council after consultation with the parish meeting (p. 70). (3) The adoption of any of the adoptive Acts ; i. e. The Lighting and Watching Act, 1833. The Baths and Washhouses Acts, 1846—1882. The Burial Acts, 1852—1885. The Public Improvements Act, 1860. The Public Libraries Act, 1892. Where under any of the above 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 is substituted for the vestry, and for this purpose the expression " vestry " is to include any meeting of ratepayers or voters Where a parish council desire to incur expenses or liabilities which will involve a rate exceeding 3d. in the £ for any local financial year, the consent of a parish meeting must first be obtained (p. 101). A parish meeting may prevent the parish council from con- senting to the stopping in whole or in part, or the diversion, of a public right of way within a rural parish, and they may also prevent effect being given to a resolution of that council declaring that a certain highway in a rural parish is unnecessary for public use and not repairable at the public expense (p. 106). * As regards parish meetings in parishes which have no parish council, see p. 37. I'AIMSH MKKTINGS. 33 Where a parish council desire to support or oppose a scheme relating to a charity other than an ecclesiastical charity which affects a rural parisli, they must, among other preliminaries, get the consent of the parish meeting (p. 108). In a rural parish the power of making application for the formation of a school board as specified in Section 12 of the Education Act, 1870 ; or for the dissolution of a school board as specified in Section 11 of the Education Act, 187G, will in future be exercised by the parish meeting of the parish, the majority in the latter case being the same as was required when the applica- tion was made in the old way (p. 195). Any power which may be exercised and any 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 tlie 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 a rural parish, be exercised or given by the parish meeting (p. 195). The consent of the parish meeting is necessary to enable a parish council to sell or exchange any land or buildings vested in the council (p. 88). The accounts of all parochial charities not being ecclesi- astical charities must ainmally be laid before the parish meeting (P-108). The consent of a parish meeting of a parish in a group may, by order of the county council, be made necessary to any particular act or class of acts to be done by the parish council of the group (p. IGG). Such an order does not require confirmation by the Local Government Board (p. 167). A parish meeting may apply to the county council for a grouping order respecting that parish, and if the parish has a population less than 200, for a parish council, and any such application must be forthwith taken into consideration by the county council (p. 16G). The parish meeting may petition the county council for the establisliiiient of a parish council in localities where the popu- lation has increased so as to requii'e it ; or for the dissolution of the parish council in a parish the population of wliich has fallen below 200 (p. 1G7). But under Section 1 (p. GG), if the parish meeting of a parish having a population of 100 or upwards resolve that a parisli 3 INTRODUCTION. council shall be established in the parish, the county council must provide accordingly. The parish meeting for any parish included in a group of parishes may also apply to the county council for an order dissolving the group (p. 166). All enactments in any Act, whether general or local and personal, relating to any powers, duties, or liabilities transferred by the new Act to a parish council or parish meeting from justices, or the vestry, or overseers, or churchwardens and over- seers, are, subject to the provisions of this Act and so far as circumstances admit, to be construed as if any reference therein to justices, or to the vestry, or to the overseers, or to the church- wardens and overseers, referred to the parish council or parish meeting as the case requires, and with such modifications as may be necessary for carrying the new Act into effect (p. 196). Conferring Parish Powers. — On the application of the parish meeting of a parish not having a separate parish council the county council may confer on that meeting any of the powers conferred on the parish council by the Act (p. 121). Procedicre at Parish Meetings. — Where there is a parish council that council may make standing orders for regulating the pro- ceedings and business at parish meetings (p. 248). Every question to be decided by a parish meeting must in the first instance be decided by the majority of those present and voting on the question. The chairman must announce his decision as to the result, and tiiat decision will be final unless a poll is demanded (p. 243). Every 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, one vote each to as many persons as there are persons to be elected (p. 68). A poll consequent on any parish meeting must be taken by ballot (p. 68). Such a poll may be demanded at any time before the conclusion of a parisii meeting (p. 243) by any one parochial elector in the case of a resolution respecting any of the following matters, viz. {a) Any application, representation, or complaint to a county council or district council ; (h) 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 ; I'AlllSll MKKTINGS, 35 (c) The appoiatmeut of an overseer, the appointment or revocation 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 ; (ff) The consent or refusal of consent to any act, matter, or thing which cannot by law be done without that consent ; (h) The incurring of any expense or liability ; («■) The place and time for the assembly of the parish meeting ; (k) Any other matter prescribed by the Local Government Board. Except in the matters mentioned in paragraphs (a) to (k) above a poll must not be taken unless either the chairman of the meet- ing assents, or the poll is demanded by parochial electors present at the meeting, not being less than live in number, or one third of those present, whichever number is least (p. 244). A poll consequent on a parish meeting must be taken by ballot, and every such poll must be taken as if it were a poll for the election of parish councillors, that is to say, according to the rules framed by the Local Government Board in accordance with Section iS of the Act (pp. 68 and 189). Parish Jleetiuffs for Wards or Parts of Parishes.— I'l it appears to a parish council or to one tenth of tiie parochial electors of a parish that the area or population of the parish is so large, or that different parts of the population are so situated as to make a single parish meeting for the election of councillors impracticable or inconvenient, or that it is desirable for any reason that certain parts of the parish should be separately represented on the council, the parish council or one tenth of the parochial electors may apply to the county council, and that council, on being satisfied as to any one of the above matters, may by order divide the parish into wards for the purpose of electing parish councillors (p. 119). In a parish divided into parish wards there must be a separate election of parish councillors for each ward (p. 119). Where the county council are satisfied that any part of a parish has a defined boundary, and has any property or rights distinct from the rest of the parish, the county council may 36 INTRODUCTION. order that the consent of a parish meeting held for that part of the parish shall be required for any act or class of acts of the parish council atfecting the said property or rights as is specitied in the order (p. 165). Where on the " appointed day " any of the adoptive Acts were in force in a part only of a rural parish, the existing authority under the Act, or the parish meeting for that part, may transfer the powers, duties, and liabilities of the authority to the parish council, subject to such conditions with respect to the execution thereof by means of a committee as to the authority or parish meeting may seem fit. Any such conditions may be altered by any such parish meeting (p. 197). Where a parish council have any powers and duties which are to be exercised in a part only of the parish, or in relation to a recreation ground, building, or property held for the benefit of a part of a parish, and the part has a defined boundary, the parish meeting held for that part may require the parish council to appoint annually, to exercise such powers and duties, a com- mittee consisting partly of members of the council and partly of other persons representing the said part of the parish (p. 200). Where a parish meeting is required or authorised in pursu- ance of the Act to be held for a ward or other part of a parish, then — (a) The persons entitled to attend and vote at the meeting, or at any poll consequent thereon, will be the parochial electors registered in respect of qualifications in that ward or part ; and (J) the provisions with respect to parish meetings for the whole of a parish, including the provisions with respect to the con- vening of a parish meeting by parochial electors, will apply as if the ward or part were the wliole parish (p. 193). Expenses of Parish Meetings. — The reasonable expenses of and incidental to the holding of a parish meeting, or the taking of a poll consequent thereon, are to be defrayed out of the poor rate ; and, where there is a parish council, that council must pay the •expenses of the parish meeting of the parish (pp. (58 and 101). Where parish meetings are held in schoolrooms, the expenses (if any) incurred in consequence by the persons having control of the room, must be defrayed as part of the expenses of the parish meeting (p. 73). The expenses of any election under this Act must not exceed the scale fixed by the county council (p. 189). I'AKISU MEETINGS. 37 Prooisions specially apjilicahle to liural Parishes which have no separate Parish Councils. — 1. The parish meeting must assemble not less than tioice in each year (p. 120) ; the times and places are to be fixed by the chairman of the parish meeting (p. 181), the hour not to be earlier than G p.m. (p. 68). 2. It must choose a chairman for the year at the annual assembly, which must be held on the 25th March, or within seven days before or after. A casual vacancy in the office of chairman must be filled up by the meeting (p. 186). 3. It may appoint committees of parochial electors for the parish for any purpose ; but all the acts of a committee must be submitted to the parish meeting for approval (p. 120). The following powers, duties, and liabilities which devolve upon the parisli council of a parish when there is one, will devolve upon the parish meeting when a parish has no council : (1) The powers, duties, and liabilities of the vestry, except such as relate to the aflfairs of the church, or to ecclesias- tical charities (p. 120). (2) The appointment of overseers and the duty of notifying the appointment to the guardians within three weeks after the 15th April in each year (pp. 120 and 193). (3) The appointment and dismissal of assistant overseers. (4) Such powers of appointing trustees of a charity as are by Section 14 of the Act vested in parish councils in place of overseers and churchwardens. Where dole charities exist the names of the beneficiaries are to be published annually in such form as the parish meeting think fit (p. 108). (5) Power to consent to the stopping or diversion of a public right of way, or the declaring of a highway to be unneces- sary, and not repairable at the public expense. (6) Power to complain to a county council of a default by a district council (p. 120). (7) Power to regulate its own proceedings andbusiness (p. 248). On the application of the parish meeting, the county council may confer on that meeting any of the powers conferred on a parish council by the Act, but which are not thereby already conferred on the parish meeting (p. 121). In a parish where there is no parish council the chairman of the parish meeting and the overseers of the parish together con- stitute a body corporate by the name of the chairman and over- seers of the parish. They have perpetual succession, and may 38 INTRODUCTION. hold land for the purposes of the parish without licence in mort- main. They are to act as directed by the parish meeting (p. 120). The legal interest in all property which under the Act would vest in the parish council, if there were one, are vested in the said body corporate of the chairman and overseers of the parish (p. 120). Any act of the parish meeting may be signified by an instru- ment executed at the meeting under the hands, or if an instrument under seal is required, under the hands and seals of the chairman presiding at the meeting and two other parochial electors present at the meeting (p. 121). Any act of the body corporate of the chairman and overseers of the parish must be executed under the hands, or if an instru- ment under seal is required, under the hands and seals of the said chairman and overseers (p. 120). If the area on the appointed day under any authority under any of the adoptive Acts ceased after that day to be comprised within one rural parish, the powers and duties of that authority became transferred to the parish councils of the rural parishes wholly or partly comprised within that area, or if the area is partly urban, then to the parish councils and urban district council ; and if any of such rural parishes have no separate parish council, the parish meeting is, for the purposes of this provision, substituted for the parish council. The powers and duties so transferred are, until other pro- vision is made in pursuance of the Act by the county council, to be exercised by a joint committee of the authorities concerned, whether parish councils, parish meetings, or urban district councils (p. 197). AV'here the population of a parish not having a separate parish council increases so as to justify the election of such council, the parish meeting may petition the county council, and the county council may order the election of a parish council in that parish, and may separate the parish frorn any group in which it may be included, making the necessary alterations and adjustment of property rights and liabilities (p. 167). Expenses of a Parish Meeting in a Parish having no separate Parish Council. — A rate levied for defraying the expenses of the parish meeting (when added to expenses under any of the adoptive Acts) must not exceed Gd. in the £ in any local financial year (p. 121). Postal and telegraph facilities : see p. 59. PARISH COUNCILS. 39 CHAPTER IV.— PARISH COUNCILS. In ichat Parishes. — Every parish in a rural sanitary district has its parish meeting, and every such parish which has 800 or more inhabitants lias its parish council (p. QQ). The parish meeting of any rural parish which has 100 or more inhabitants, but less than 300, may decide to have a parish council, and on passing a resolution to that effect the county council must make tlie necessary order. The establishment of a parish council is not limited to parishes having 100 and more inhabitants. The parish meeting of any parish with a population less than 200 may apply to the county council for an order for a parish council. The county council must comply in the case of every parish with a population of 100 and upwards if the parish meeting so resolve, and it may comply in cases where the population is less than 100 (pp. 66 and 166). It would seem, however, having regard to the provisions of Sections 36 (1) and 39 (2), that the formation of parish councils in parishes having less than 100 inhabitants is not intended to be encouraged. In Grouped Parishes. — A rural parish which has not a parish council of its own may transact its business by means of the parish meeting, or it may be grouped with one or more neigh- bouring parishes, and so have a parish council for the group. To constitute a gi'oup, an order of the county council is necessary, and the parish meeting of any parish may apply to the county council for such an order (p. 166). No parish can be grouped without the consent of its parish meeting (p. 66). The provisions to be made in a grouping order have been stated on page 7. Constitution. — The parish council for a rural parish is to con- sist of a chairman and councillors, and the number of councillors is to be fixed from time to time by the county council. That 40 INTRODUCTION. number must not be less than five nor more than fifteen (pp. G9-70). If, however, the chairman is elected from outside the parish council, the total number of the council, including the chairman, will be one more than the county council have fixed. Every parish council is a body corporate by the name of the parish council, with the addition of the name of the parish, or if there is any doubt as to the latter name, of such name as the county council, after consultation with the parish meeting of the parish, direct. It has perpetual succession, and may hold land for the purposes of its powers and duties without licence in mortmain. Any act o£ the council may be signified by an in- strument executed at a meeting of the council, and under the hands or, if an instrument under seal is required, under the hands and seals, of the chairman presiding at the meeting and two other members of the council (p. 70). Any instrument purporting to be executed under the hands or under the hands and seals of the chairman and of two other mem- bers of a parish council or of a parish meeting will, until the contrary is proved, be deemed to have been duly so executed (p. 248). Where a rural parish is co-extensive with a rural sanitary district, then, until the district is united to some other district, and unless the county council otherwise direct, a separate elec- tion of a parish council is not to be held for the parish, but the rural district council, iu addition to their own powers, are to have the powers of and be deemed to be the parish council (p. 157). Parish Wards. — A county council may, on application by the parish council, or not less than one tenth of the parochial electors of a parish, and on being satisfied that the area or population o£ the parish is so large, or diff"erent 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 i)arish should be sepa- rately 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. Any such order may be revoked or varied by the county council on application by either the council or not less than one tenth of the parochial electors of the parish. PARISH COUNCILS. 41 lu a parish divided iuto parish wards tliere must be a separate electiou of parish couucillors for each ward (p. 119). Election of Parish Council— Sahject to the disqualifications stated on pages 1S2 — 184 — Any man or woman, married or single, may be elected a parish councillor who — (1) is a parochial elector of that parish ; or (2) has, during tlie whole of the twelve months preceding the election, resided in the parish, or within three miles thereof (p. 69). The parochial electors of the parish, or if the parish is divided into wards, then of the Avard, will elect the parish councillors for that parish or ward (pp. G9, 193). An elector cannot give more than one vote to any candidate, but he may give one vote to any nuuiber of candidates not exceeding the number to be elected (p. 68). The parish councillors are to be nominated at an assembly of the parish meeting (p. 187) ; and if more persons are nominated for election than there are vacancies, the election will be by ballot according to rules framed under Section 3 (6) (p. 69). The overseers of each rural parish must convene the first parish meeting of the parish for the first election of parish councillors (p. 229), whether there is or is not a parish council for the parish, and for this purpose the overseers of a parish are to be deemed to be the overseers of every part of the parish (p. 229). The ordinary day on wliicli parish councillors take office and retire therefrom (p. 69) is the 15th April in each year. The term of office of a parish councillor is one year (p. 69), but he may resign at any time by giving written notice to the chairman (p. 186). He is eligible for re-election after retire- ment as well as after the expiration of his year of office (p. 186). Every parish councillor must at the first meeting after his election, or if the council at the first meeting so permit, then at a later meeting fixed by the council, sign, in the presence of some member of the council, a declaration that he accepts the office, and if he does not sign such a declaration his office will be void (p. 245). If any casual vacancy arises in the council, the council must forthwith be convened for filling the vacancy (pp. 186 and 2-45). Absence from the meetings for more than six calendar months, except from illness or reason approved by the council, renders the office vacant (p. 183). 42 INTRODUCTION. If at the annual election of parish councillors any vacancies Are not filled by election, such number of the retiring councillors as are not re-elected, and are required to fill the vacancies, will, if willing, continue to hold office. The councillors so to continue are to 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 deterniiued by the parish meeting, or if not so determined, by the chairman of the parish council (p. 186). If the parish council becomes unable to act through want of councillors the county council may order a new election (p. 186), and if any difficulty arises as respects the election of any indi- vidual councillor, and there is no provision for holding another election, the county council may order a new election to be held, and give the necessary directions for holding it (p. 189). Meetings of the Parish Council. — A parish council must hold not less than four meetings in each year, of which one will be the annual meeting, and every such meeting must be open to the public unless the council otherwise direct (p. 247). Annual Meeting ; Election of Chairman. — On or within seven days after the 15th April in each year the parish council must hold an annual meeting (p. 69). At the annual meeting the parish council must elect a chairman from their own body, or from other persons qualified to be councillors of the parish. The chairman will unless he resigns, or ceases to be qualified, or becomes disqualified (pp. 181 — 186) continue in office until his successor is elected (p. 69). The parish council may, if they think fit, appoint one of their number to be vice-chairman, and the vice-chairman will, in the absence or during the inability of the chairman, have the powers and authority of the chairman (p. 246). The first business at the annual meeting will be to elect a chairman and to appoint the overseers (p. 245). Convening Meetings. — The chairman may at any time convene a meeting of the parish council. If the chairman refuses to convene a meeting of the council after a requisition for that purpose signed by two tnembers of the council has been presented to him, any two members of the council may forthwith, on that refusal, convene a meeting. If the chairman (without so refusing) does not within seven days after such presentation convene a meeting, any two members of the council may, on the expiration of those seven days, convene a meeting (p. 246). PARISH COUNCILS. 4.i Notice of Meeting ; Place of JUeeting. — Three clear days at least before any meeting of a pariah council notice thereof, ppecifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by or on behalf of the chairman of the parish council or persons convening the meeting, must be given to every member of the parish council, and in case of the annual meeting notice specifying the like particulars muat be given to every member of the parish council immediately after his election (p. 246). The parish council may meet at the schoolroom of a public elementary school (p. 72). It must not meet at a public-house unless there is no other available room either free of charge or at a reasonable cost (p. 214). It is not specifically required, but it is obviously desirable, that the meetings should be held at a place within the parish. Procedure at Meetings. — A parish council may make, vary, and revoke standing orders for the regulation of their proceed- ings and business, and of the proceedings and business at parish meetings for a rural parish having a parish council (p. 2-48). No business must 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 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, must be recorded, so as to show whether each vote given was for or against the question Every question at a meeting of a parish council will be decided by a majority of votes of the members present and voting on that question. In case of an equal division of votes the chairman of the meeting will have a second or casting vote (p. 246). Minutes of the proceedings of every parish council and parish meeting must be kept in a book provided for that purpose (p. 247). A minute of proceedings at a meeting of a |)arish 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, will be received in evidence without further proof. Until the contrary is proved, every meeting in respect of the 44 • INTRODUCTION. proceedings whereof a minute bas been so made will be deemed to have been duly convened and held, and all the members of the meeting will be deemed to have been duly qualified ; and where the proceedings are proceedings of a committee, the committee will be deemed to have been duly constituted, and to have had power to deal with the matters referred to in the minutes (p. 247). The proceedings of a parish council will not be invalidated by any vacancy among their members, or by any defect in the election or qualification of any members thereof (p. 246). Every cheque or other order for payment of money by a parish council must be signed by two members of the council (p. 247). Appointme7it of Ojjlcers. — A parish council may appoint one of their number to act as clerk of the council without remuneration. If no member of the parish council is appointed so to act, and there is an assistant overseer, he, or one of the assistant over- seers if more than one, is to be the clerk of the parish council, and the pertbrraance of his duties as such must be taken into account in determining his salary. If there is no assistant overseer, the parish council may appoint a collector of poor rates, or some other fit person, to be their clerk, with such remuneration as they may think fit (p. 116). But where there is in a rural parii>li an existing vestry clerk appointed under the Vestries Act, 1850, he is to be the clerk of the parish council, and if there is also an assistant overseer in the parish, that assistant overseer cannot, while the vestry clerk holds office, be the clerk o£ the parish council (p. 233). A parish council cannot appoint to the office of vestry clerk. AVhen a parish council act as a parochial committee by delega- tion from the district council they are to have tlie services of the clerk of the district council, unless the district council otherwise direct (p. 116). The parish council may appoint one of their own number or some other person to act as treasurer without remuneration, and the treasurer must give such security as may be required by regulations of the county council (p. 117). Any existing assistant overseer in a parish for which a parish council is elected will, unless appointed by a board of guardians become an officer of the parish council (p. 233). Every such officer, vestry clerk, and assistant overseer is to r.VltlSlI COUNCILS. 45 hold his office by the same tenure and upon the same terms and conditions as heretofore, and while perfonniti<^ tlie same duties he will receive not less salary or remuneration than luTetofure. Where a parish or rural sanitary district is divided by the Act, any olHcer for the parish or district so divided will hold his office as such officer for each parish or district formed by the division, and his salary will be borne by the respective parishes or districts in proportion to their rateable value at the com- mencement of the local financial year next after the passing of the Act (p. 234). Appointment of Committees and Joint Committees^. — A parisb 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 is not to hold office beyond the next annual meeting of the council, and the acts of every such committee must be submitted to the council for their approval. AVhere a parish council have any powers and duties which are to be exercised in a part only of the parish, or in relation to a recreation ground, building, or property held for the benefit of a part of a parish, and the part has a defined boundary, the parish council must, if required by a jjarish meeting held for that part, appoint annually to exercise such powers and duties a committee consisting partly of members of the council and partly of other persons representing the said part of the parish (pp. 200-1). A parish council may concur witli any other parish or district council or councils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in conferring, witli or without conditions or restrictions, on any such committee any powers which the appointing council might exercise if the purpose related exclu- sively to their own parish or district. But a council must not delegate to any such committee any power to borrow money or make any rate. A joint committee so appointed cannot hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils wlio appointed it. The costs of a joint committee are to be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difierence by the county council. 4:6 INTRODUCTION. Where a parish council can under the 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 (p. 201). The proceedings of committees and joint committees are to be conducted as stated on p. 248. Deposit and Custody of Documents. — All documents required by statute or by standing orders of Parliament to be deposited with the parish clerk of a rural parish must now be deposited with the clerk, or, if there is none, with the chairman of the parish council (p. 117) . Among the documents to be so deposited and preserved will be the awards of arbitrators appointed to determine questions concerning the hiring of land for allotments by the parish council (p. 97). The custody of the registers of baptisms, marriages, and burials, and of all other books and documents containing entries wholly or partly relating to the affairs of the Church or to eccle- siastical charities, except documents directed by law to be kept with the public books, writings, and papers of the parish, are to remain as provided by the existing law unaffected by the Act. All other public books, writings, and papers of the parish, and all documents directed by law to be kept therewith, must either remain in their existing custody, or be deposited in such custody as the parish council may direct. The incumbent and church- wardens on the one part, and the parish council on the other, are to have reasonable access to all such books, documents, writings, and papers, and any difierence as to custody or access is to be determined by the county council (p. 117). Every parochial elector of a rural parish may, at all reason- able times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the parish council of the parish or parish meeting. 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 belong- ing to or under the control of the district council of the district (p. 202). Powers and Duties of Parish Councils. — The power and duty of appointing overseers of the poor, and the power of appointing and revoking the appointment of an assistant overseer, belong PARISH COUNCILS. 47 to the pariah council. That council must iu each year, at their annual meeting, appoint the overseers of the parish, and fill as soon as may be any casual vacancy in the office of overseer of the parish. In either case notice thereof must fortlnvitli be given in the prescribed form to the board of guardians (p. 74). If notice in the prescribed form is not received by the guar- dians within three weeks after the 15th of April, or after the occurrence of a vacancy iu the office of overseer, as the case may be, the guardians must make the appointment or fill the vacancy. Any overseer appointed by them will supersede any overseer previously appointed whose appointment has not been notified (p. 193). As from the appointed day the churchwardens of every rural parish cease to be overseers, and an additional number of overseers may be appointed to replace the churchwardens. 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, now vesta in the parish council, if there is one, subject to all trusts and liabilities ati'ectiug the same, and all persons con- cerned must make or concur iu making any necessary transfers (p. 74). Upon the parish council coming into office, there was trans- ferred to it — The powers, duties, and liabilities of the vestry of the parish, e.\cept those which relate to the affairs of the church or to ecclesiastical charities; and any power, duty, or liability transferred by the Act from the vestry to any other authority. The powers, duties, and liabilities of the churchwardens of the parish (except those which relate to the affairs of the church or to charities, or are powers and duties of over- seers), including 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 under the Burial Act, 1855 (p. 7i)). The powers, duties, and liabilities of the overseers or of the churchwardens and overseers with respect to — appeals or objections by them in respect of the valuation list ; 48 INTRODUCTION. appeals in respect of the poor rate, or county rate, or the basis of the county rate ; the provision of parish books, a vestry room or parochial office, parish chest, fire-engine, fire-escape, or matters relating thereto ; the holding or management of parish property, not relating to aflfairs of the church or held for an ecclesiastical charity ; holding or management of village greens, or o£ allotments, whether for recreation grounds or Tor gardens, or other- wise for the benefit of the inhabitants. The powers exercisable with the approval of the Local Grovernment Board by the board of guardians in respect of the sale, exchange, or letting of any parish property (p. 79). The same power of making any complaint or representation as to unhealthy dwellings or obstructive buildings as is conferred on inhabitant householders by the Housing of the "Working Classes Act, 1890 (p. 83), but without prejudice to the powers of such householders (p. 79). The same power of making a representation with respect to allotments, and of applying for the election of allotment managers, as is conferred on parliamentary electors by the Allotments Act, 1887 (p. 274) ; or the Allotments Act, 1890, but without preju- dice to the powers of those electors. The powers and duties of wardens, committee, or managers for the purpose of allotments in the parish. For the purpose of Section 16 of the Small Holdings Act, 1892, two members of the parish council are to be substituted for allotment managers or persons appointed as allotment managers (p. 80). A parish council also has the following powers, namely, power (p. 87)- to provide or acquire buildings for public offices and for meetings, and for any purposes connected with parish business or with the powers or duties of the parish . council or parish meeting ; to provide or acquire land for such buildings, and for a recrea- tion ground and for public walks ; to apply to the Board of Agriculture under Section 9 of the Commons Act, 1876 (p. 89)— to exercise with respect to any recreation ground, village green, open space, or public walk, which is for the time being under their control, or to the expense of which they have contributed, such powers as may be exercised PARISH COUNCILS. 49 by an urban authority under Sections 164 and 183-6 of the Public Health Act, 1875 (pp. 418, 420, and 421), or Section 44 of the Public Health Acts Amendment Act, • 1890 (p. 89), in relation to recreation grounds or public walks ; to utilise any well, spring, or stream within their parish, and provide facilities for obtaining water therefrom, but so a.s not to interfere with the rights of any corporation or person (p. 87) ; but land for the purpose of any supply of water cannot be acquired otherwise than by agreement (p. 93) ; to deal with any pond, pool, open ditch, drain, or place con- taining, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority (p. 87) ; to acquire by agreement (p. 87), but not otherwise (p. 93). any right of way, whether within their parish or an adjoining parish, the acquisition of which is beneficial to any of the inhabitants of the parish ; to accept and hold any gifts of property, real or personal, for the benefit of any of the inhabitants of the parish ; to execute any works (including works of maintenance or improvement) incidental to or consequential on the exer- cise of any of the foregoing powers, or in relation to any parish property not relating to afiairs of the church or held for an ecclesiastical charity ; to contribute towards the expense of doing any of tlie things above mentioned (p. 88), and to combine with any other parish council to do or contribute towards the expense of doing any of the things above mentioned (p. 88). A parish council may let, or, with the consent of the parish meeting, sell or exchange any land or buildings vested in the council. The power of letting for more than a year, and the power of sale or exchange in the case of property acquired at the expense of any rate, or which was at the passing of the Act applied in aid of any rate, requires the consent of the Local Government Board. In any other case the consent or approval necessary under the Charitable Trusts Acts, 1853 to 1891, for the sale of charity estates, must be got, except that the consent 4 50 • INTRODUCTION. or approval uuder those Acts is uot required tor the letting for allotments of land vested in the parish council. The obligation of a district council with respect to the supply of water or the execution of sanitary works is not diminished by the powers given to parish councils. Notice of any application to the Board of Agriculture in relation to a common must be served upon the council of every parish in which any part of the common to which the application relates is situate (p. 88). The parish council may exercise any power delegated to them by the rural district council under Section 15 of the Act, and where the district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those other persons must, if there is a parish council, be or be selected from the members of the parish council (p. 113). Highways. — The consent of the parish council and of the district council is required for the stopping, in whole or in part, or for the diversion, of a public right of way in a rural parish, and before a highway in a rural parish can be declared to be unnecessary for public use and not repairable at the public expense, the consent of the parish council must also be obtained (p. 106). The parish council must give public notice of any intended resolution proposing to give such consent. If a resolution to consent is passed, it mui7). Where land is hired for allottneuts, tlie parish council will have the powers of Sections 5 — 8 of the Allotments Act, 1887 (p. 270), relatini^ to the improveiiieiit, management, letting, and use of lands lor allotments (p. 98). Those powers, however, are given with the following modifications : (ff) The parish council may let to one person an allotment or allotments exceeding one acre ; but if the land is hired compulsorily, not exceeding in tiie whole four acres of pasture, or one acre of arable and three acres of pasture ; (b) They may permit to be erected on the allotment any stable, cowhouse, or barn ; and (c) They must not break up, or permit to be broken up, any permanent pasture, without the assent in writing of the landlords. On the determination of any tenancy created by compulsory hiring, a single arbitrator appointed in accordance with Section 3 of the Allotments Act, 1887, may determine the amount due by the landlord for compensation for improvements, or by the parish council for depreciation. Such compensation must be assessed in accordance with the provisions of the Agricultural Holdings (England) Act, 1883 (p. 257). There is nothing to authorise the compulsory hiring of any mines or minerals, or to confer any right to take, sell, or carry away any gravel, sand, or clay, or to authorise the hiring of any land already owned or occupied as a small holding within the meaning of the Small Holdings Act, 1892 (p. 98). If the landlord satisfies the county council that laud hired by the parish council for allotments is required by him for the purpose of working and getting the mines, minerals, or surface minerals thereunder, or for any road or work to be used in con- nection with such working or getting, the landlord may resume possession thereof upon giving to the parish council twelve calendar months' previous notice in writing of his intention so to do. Upon such resumption the landlord must pay to the parish council and to the allotment holders for the time being such sum by way of compensation for the loss of the land for the purposes of allotments as may be agreed upon b}' the landlord and the parish council, or in default of such agreement, as may be awarded by a single arbitrator to be appointed in accordance with Section 3 of the Allotments Act, 1887 (p. OS). 54 INTRODUCTION. Adoptive Acts. — The power of adopting any of these Acts in a rural parish is vested in the parish meeting (p. 84'). The parish council may be required by the parish meeting to exercise the powers of any of the adoptive Acta which were, on the appointed day, in force in a part only of a rural parish ; and, without the intervention of the parish meeting, the parish council may accept a transfer of the powers of the existing authority under any of those Acts (p. 197). Where the area on the appointed day under any authority under any of the adoptive Acts is not after that day comprised within one rural parish, the powers and duties o£ the authority are transferred to the parish councils of the rural parishes wholly or pai'tly comprised in that area ; or, if the area is partly comprised in an urban district, to those parish councils and the district council of tlie urban district, and will, until other pro- vision is made in pursuance of the Act, be exercised by a joint committee appointed by those councils (p. 197). The property, debts, and liabilities of any authority under any of the adoptive Acts wbose powers were transferred will continue to be the property, debts, and liabilities of the area of that authority, and the proceeds of the property must be credited, and tlie debts and liabilities and the expenses incurred in respect of tlie said powers, duties, and liabilities must be charged to the account of the rates or contributions levied in that area, and where that area is situate in more than one parish the sums credited to and paid by each parish must be apportioned (p. 198). The parish council may apply to the county council to alter the boundaries of any such area, and the latter may, by order, do so 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 (p. 198). 'Property held hy Trustees for InJiahitants of a Parish; Transfer to Parish Council : — Not the least important of the powers conferred upon parish councils are those enabling them to get control of the administration of parochial charities other than those which are for strictly ecclesiastical purposes, and of property held for parish purposes. Definitions of tlie two classes of charities will be found on pages 22G and 227. Eccle- PARISH COUNCILS. 55 siastical cliarities, however, are not atlected by the provinions of the Act (p. 107). The classes of property dealt with may be divided into five groups : (1) Property vested in trustees, in their capacity of private persons, ivho hold the property for public purposes for the benefit of all or any of the inhabitants of a rural parish : lu this group of cases, whether the property is held for the purposes of a public recreation ground or of public meetings, or of allotments, whether under Inclosure Acts or otherwise, or for any public purpose connected with a rural parish (except for an ecclesiastical charity), the trustees may continue to hold the property, or they may, if the parish council consent, relieve themselves of the burden by transferring it, either to the parish council or to persons nominated by that council. If the parish council consent to the transfer the approval of the Charity Com- missioners must be obtained, and the parish council (or the persons nominated by them, as the case may be) will hold the property un the trusts, and subject to the conditions on which the trustees previously held it (p. 107). (2) Properti/ held for some parochial charity, vested in trustees, some or all of whom hold it, not in their capacity of private persons, but in their capacity of overseers (or overseers and churchioardens) of a parish : In the second group of cases the overseer-trustees have no option of continuing as such in their trusteeship. According to an opinion expressed by the Charity Commissioners they remain if the parish council do not replace them ; or the parish council may appoint in their place councillors of the parish, or other persons. It is, of course, open to the parish council to appoint the persons who are overseers, but in this case they will be trustees, not because they happen to be overseers, but because they have been appointed by the parish council. The number of councillors or other persons appointed must not exceed the number of overseers (or overseers and church- wardens) who are replaced. If there are other trustees acting with the overseers (or overseers and churchwardens), those trustees will in future act with the councillors or other persons appointed by the parish council (p. 107). To facilitate the dealing with any property, the legal estate in which is vested in the churchwardens and overseers of any parish bv virtue of the Poor Eelief Act, 1819 {see Section 17, set out on 66 INTRODUCTION. page 196), it is provided in Section 52 (4) of the Local Govern- ment Act, 1894, that the consent of such churchwardens and over- seers (or of the parish council as their successors) shall not be required to a vesting order under the Charitable Trusts Acts, 1853 to 1891, dealing with such legal estate. But where the churchwarden and overseers (or the parish council as their suc- cessors) have active powers of managemeut, their rights, powers, and duties are not aflfected by this provision (p. 195). (3) Property held for some 2Jarochial charity, vested in trustees, none of whom are elected by the ratepayers or parochial electors or inhabitants of the parish, or appointed by the parish council or parish meeting : In the third group of cases the parish council may appoint additional members of the body governing the charity not exceeding the number allowed by the Charity Commissioners in each case ; and if the management of any such charity is vested in a. sole trustee, the number of trustees may, with the approval of the Charity Commissioners, be increased to three, one of whom may be nominated by such sole trustee and one by the parish council or parish meeting (p. 108). (4) Properly held for some parochial charity by trustees who {or some of lohom) under the trusts of the charity, are to be appointed frgm time to time by the vestry of the parish : In this group of cases the trustees (or some of them) will in future be appointed by theparisli council of the parish (p. 108). (5) Property held by trustees for charitable purposes for the beneft of persons who {or some of whom) are to be selected from time to time by the vestry of the parish : In these cases the persons who are to benefit will in future be selected by persons appointed by the parish council (p. 108). It must be noted that the above provisions with respect to the appointment of trustees (except so far as the appointment is transferred from the vestry) will not apply to any charity until tlie expiration of forty years from the date of its foundation ; or, in the case of a charity founded before the passing of the Act by a donor or by several donors any one of whom is living at the passing of the Act, until the expiration of forty years from the passing of the Act, unless with the consent of the surviving donor or donors (p. 109). The parish council are entitled to have sent to them the draft of every scheme relating to a charity, not being an ecclesiastical PARISfl COrNCILS. 5 I charity, which affects their parish. It should be sent to theui on or before the ])ublication of the notice of the proposal to make an order for the scheme. The council may, subject to the provisions of the Act with respect to restrictions on expenditure (pp. 108 and 101), and to the consent of the parish meetins:, either support or oppose the scheme, and for that purpose they will have the same rigiit as any inhabitants of a place directly attected by the scheme. The accounts of all parochial charities, not being ecclesiastical charities, must annually be laid before the parish meeting of any parish affected thereby, and the uauies of the beneficiaries of dole charities must be published annually in such form as the parish council, or where there is no parish council the parish meeting, think fit (p. 108). Complaint by Parish Council of Default of a District Council. — If in the opinion of a parish council the rural district council have made default in providing the parish with sufficient sewers, or in maintaining existing sewers, or in providing the parish with a supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or in enforcing with regard to the parish any provisions of the Public Health Acts which it is their duty to enforce; or that they have failed to maintain and repair any highway; or in taking proceedings on a representation of the parish 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 road- side waste within the district, the parish council may petition the county council, and that council may take such action upon the petition as is indicated in Section 16 or Section 2(3 of the Act as the case may be (pp. 114 and 186). Where a representation as to the want of land for allotments has been made to a sanitary authority under the Allotments Act, 1887 (p. 273), and disregarded by them, the parish council has the like power of petitioning the count}'^ council (p. 93) as is given to six parliamentary electors by Section 2 of the Allot- ments Act, 1S90 (p. 281)." Expoises of Parish Councils; Loaris. — A parish council must obtain the consent of the parish meeting before it can lawfullv 58 INTRODUCTION. incur expenses or liabilities which will involve a rate exceeding threepence in the pound for any local financial year. Before it can lawfully incur any expense or liability which will involve a loan a parish council must obtaiu the approval of the parish meeting and the county council. The sum raised in any local fiaancial year by a parish council for their expenses (other than expenses under the adoptive Acts) must 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 (p. 101). The Act does not alter the incidence of charge of any rate levied to defray expenses incurred under any of the adoptive Acts, and any such rate should be made and levied as heretofore, and any property which was applicable to the payment of such expenses continues to be so applicable (p. 84). And where in pursuance of an order of a county council a parish continues to maintain its own highways, the highway expenses are not to be deemed expenses of the parish council (or parish meeting) to which the limit of 6d. in the £ applies (p. 237). Highway expenses, and expenses under the adoptive Acts, may be incurred over and above that limit. The expenses, properly so called, of a parish council and of a parish meeting, including the expenses of any poll, must, as a rule, be paid out of the poor rate. Where there is a parish council that council must pay the expenses of the parish meeting. The parish council (or where there is no parish council the chair- man o£ the parish meeting) will, for the purpose of obtaining payment of such expenses, have the same powers as a board of guardians have for the purpose of obtaining contributions to their common fund (p. 101). The demand note for any rate levied for defraying the expenses of a parish council or a parish meeting, together with other expenses, must state in the prescribed form (p. 516) the propor- tion of the rate levied for the expenses of the council or meet- ing, and the proportion (if any) levied for the purpose of any of the adoptive Acts (p. 101). Borrowing hy Parish Council. — A parish council may borrow for any of the following purposes (p. 103) : (a) I'or purchasing any land, or building any buildings, which the council are authorised to purchase or build ; (6) for any purpose for which the council are authorised to borrow PARISH COUNCILS. 59 under any of the adoptive Acts ; and (c) for any perma- nent work or other thing which the council are authorised to execute or do, and the cost of whicli ought, in the opinion of the county council and the Local Government Board, to he spread over a term of years. The consent of the county council and the Local Government Board is necessary. The conditions of borrowing are similar to those for defraying expenses incurred in the execution of the Public Health Acts. Tlie money must be borrowed on the security of the poor rate, and of the whole or part of the revenues of the parish council, and the limit of the sum to be borrowed is one half of the assessable value of the premises assessable within the parish. The parish council may borrow the money from the county council if they are willing to lend it (p. 104). A parish council must conform to the provisions of the new Act in borrowing for the purposes of any of tlie adoptive Acts, but the charge for the purpose of any of the adoptive Acts wall ultimately be on the rate applicable to the purposes of that Act (p. 104). Postal and Telegraph Facilities. — A parish council, or where there is no parish council, the parish meeting, may arrange for increased postal, telegraph, and other facilities for their parish by undertaking to pay to the Postmaster General any loss he may sustain by reason of the establishment or maintenance of a post or telegraph office, or the provision of such facilities (p. 414). 60 INTKOD LECTION. CHAPTER v.— APPLICATION OF THE ACT TO LONDON AND TO THE WOOLWICH LOCAL BOARD. Guardians of Poor Law Unions. — The provisions of Part II of the Act (pp. 125 — 156) relating to poor law guardians are, by Section 30 (p. 148), applied to the administrative county of London. The chief eftect of this provision is that, subject to the dis- qualifications mentioned in Section 46 (p. 182) — (1) Any man or woman, married or single, is qualified to be elected a guardian who is a parochial elector (pp. 171 — 9 and p. 226) for any parish or ward of a parish within the union, or who has, during the whole of the twelve months preceding the election, resided in the union (p-125). (2) Subject to the disqualifications specified in pages 180 — 186, the persons entitled to vote at an election of guardians for a parish or ward of a parish are the parochial electors (pp. 171 — 179 and 226) of that parish or ward, whether they are ratepayers or not (p. 125). (3) No elector may give more than one vote to any one candidate, but he may give one vote to any number of candidates not exceeding the number to be elected (p. 125). (4) There are no ex officio or nominated guardians, but the board of guardians may elect a chairman or vice-chair- man, or both, and one or two, but not more than two, other persons from outside their own body, but from persons qualified to be guardians of the union (p. 126). Vestries ; District Boards ; Woolwich Local Board. — Subject to the disqualifications mentioned in Section 46 (p. 182) — (1) Any man or woman, married or single, is qualified to be elected as vestryman, member of a district board, or of APPLICATION OF TIIK ACT TO LONDON, ETC. 61 Woolwich Local Board, who is a parochial elector of the parish or district (pp. 171 — 9 and p. 22(3), or has, during the wliole of the twelve months preceding the election, resided in the parish or district (pp. 130 and 148). The district boards in London will be elected by the vestries of the parishes included within tlie jurisdictions of such district boards respectively, as before the passing of the Act. (2) Subject to the disqualifications mentioned on pp. 180 — 186, the persons entitled to vote at an election of vestrymen for a parish or ward of a parish in the adminis- trative county of London, or for "Woolwich Local Board, are the parochial electors (pp. 171 — 9 and p. 226) for that parish or district, whether they are ratepayers or not (pp. 130 and 148). (3) No elector may give more than one vote to any one candidate, though he may give one vote to any number of candidates not exceeding the number to be elected (pp. 130 and 148). (4) The election will be conducted according to the rules issued under the Act by the Local Government Board (pp. 130 and 148). (5) Chairman. — The rector or other minister of the parish is no longer entitled to be chairman at the meetings of the vestry, but each of the vestries except those electing district boards, and each of the district boards and the "Woolwich Local Board must at their first meeting after the annual election of members elect a chairman for the year (p. 148). The chairman for the time being of every vestry and district board is a justice of the peace for the county (unless a woman or personally disqualified by any Act), subject to his taking the necessary oaths (pp. 128 and 148). (6) Every vestry is entitled to hold its meetings at such time as the vestry may direct (p. 148). The provisions of the Municipal Corporations Act, 1882, and the enactments amending the same {see page 190, note 4) with respect to the expenses of elections of councillors of a borough, and to the acceptance of office, resignation, re-eligibility of holders of ofiice, and the filling of casual vacancies, will with the necessary modifications apply to the election of metropolitan 62 INTRODUCTION. vestrymen and members of the "Woolwich Local Board, except that there will be no election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs (p. 188). Metropolitan Auditors. — The qualifications of persons entitled to elect and of persons entitled to be elected to the post of auditor for parishes under the Metropolis Management Acts, 1855 to 1890, are the same as for persons entitled to elect and of persons entitled to be elected as vestrymen in the metropolis (p. 148). Conferring Parish Powers. — The Local Government Board may on the application of any vestry or district board, or of any representative body in any parish or district within the administrative county of London, make an order conferring on that vestry or district board, or some other representative body within the parish or district, all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revoca- tion of appointment of assistant overseers, any powers, duties, or liabilities of overseers, a7id any powers, duties, or liabilities of a parish council, either for the wliole or for specified parts of the parish or district (p. 151). Where the powers of the Act with regard to the appointment of trustees of any charity have been conferred upon a metro- politan vestry, district board, or the Woolwich Local Board, if it appears to the Local Government Board that by reason of the circumstances connected with any parish under the jurisdiction of such vestry or district board, or with the parochial charities of such parish, the parish will not, if the majority of the body of trustees administering the charity are appointed by the vestry or district board, or AVoolwich Local Board, be properly represented on that body, they may by their order provide that such of those trustees as are appointed by the vestry, district board, or local board, or some of them, shall be appointed on the nomina- tion of the persons elected for the ward or wards comprising such parish or any part of the parish (p, 150). Term of Office of Vestrymen and Members of District Boards, and Members of Woolwich Local Board. — The vestrymen first elected under the Act will hold office and retire in the manner provided by Section 79 (3), (6), and (10) of the Act (pp. 230 —231). Al'l'LKJATIOX OF TllK ACT TO LONDON, KTC. 63 The term of office of vestrymen, members of district boards, and of the Woolwich Local Board remains as before the passing of the Act. This term is specified, as regards vestrymen, in Section 9 of the ^Metropolis Management Act, 1855, which pro- vides as follows: — " All members from time to time elected at the annual elections shall go out of office at the time appointed for the annual election in the tliird following year, except such members as are elected to supply vacancies occasioned otherwise than by effluxion of time ; and such last- mentioned members shall go out of office at the respective times when the terms of office of the members in whotie jjlaces they are respectively elected would have expired by effluxion of time." A similar provision as regards members of district boards is con- tained in Section 34 of the Metropolis Management Act, 1855. Date of Election. — A difficulty has arisen as to the date of the election of vestrymen aud auditors. In an order dated 24th March, 1896, the Local Groverninent Board prescribed rules for their election in 189G, and fixed the polling day on Monday, the 18th of May, or on such other day, not being earlier than Saturday, the 16th of May, nor later than AVednesday, the 20th of May, as might be fixed by the London County Council. That Council fixed Saturday, the 16th of May, as the polling day. Thereupon certain of the vestries claimed tue right to fix their own polling day under Section 7 of the Meti'opolis Manage- ment Act, 1855, that section not having been repealed. The Local Grovernmeut Board, however, held that all the provisions of the Local Government Act, 1894, applicable to the election of district councillors, applied to the election of vestrymen, sub- ject to the provisions of Section 31 (1) of the Act, which applies the Electors (Hours of Poll) Act, 1885, to these elections, and that, therefore, the Board were empowered under Section 48 (2) to indicate the polling day. Notwithstanding the action of the Board and the County Council, three of the vestries adhered to their own opinion, and themselves fixed their own polling day. The question has not been settled by judicial authority, but by an Order dated the 24th March, 1897, the Board have them- selves solved the difficulty for 1897 by empowering the vestries to fix their own polling day under Section 7 of the ^Metropolis ^lanagement Act, 1855. 64 INTKODUCTIUN. CHAPTEK VI.— BOARDS OF GUARDIANS The Act makes various changes in the constitution of boardti of guardians of poor law unions. The qualifications of the persons to be elected, and of the persons who will be entitled to vote, are set out in Section 20 (p. 125), which also indicates the mode of their election, and contains provisions as to their retirement. Of the guardians first elected under the Act, one third as nearly as may be continued in office until the 15th April, 1896 ; one third as nearly as may be will continue until the 15fch April, 1897 ; and the remainder will continue in office until the 15th April, 1898 (p. 230). The guardians to retire respectively on the 15th April, 1896, and on the 15th April, 1897, are the guardians for such parishes, wards, or other areas as may be determined by the county council for the purpose of the rotation. Where guardians retire together at the end of every three years, the guardians and district councillors first elected under the Act will retire on the 15th April, 1898 (p. 230). The whole of the guardians elected in 1894' for unions in the administrative county of London will retire together in 1898. Guardians, as such, are now elected only for parishes in urban districts. The district councillors for any parisli or other area in a rural district will be the representatives of that parish or area on the board of guardians, and when acting in that capacity will be deemed to be guardians of the poor, and guardians as such will not be elected for that parish or area (p. 131). If any difficulty arises as respects the election of any individual guardian, and there is no provision for holding another election, the county council may order a new election to be held, and give such directions as may be necessary for the purpose of holding the election (p. 189). The county council may fix or alter the BOARDS OF GUARDIANS. . C5 number of guardians or rural district councillors to be elected for each parish within their county, and for those purposes the council may exercise powers of adding parishes to each other and dividing parishes into wards similar to the powers vested in the Local Government Board (p. 212). The provisions in Section 36 of the Act (p. 156) enable alterations to be made in poor law unions, and any board of guardians affected by an order under that section making any change in the area or boundary of a county, parish, or union may petition the Local Government Board against the confirmation of the order. The appointment of overseers is vested in the parish council, but if notice of an appointment in any parish is not duly received by the guardians (p. 193) they may make the appointnient. The powers formerly exercised by boards of guardians in regard to the sale, exchange, and letting of parish property are now exercised by parish councils (p. 79). The proceedings of boards of guardians are regulated in the same manner as those of local boards under the Public Health Act (pp. 211 and 437). Subject to certain modifications (p. 190) the provisions of the Municipal Corporations Act, 1882, with respect to the election of persons, their acceptance of office, resignation, and re-eligibility, are now applied to boards of guardians (p. 188). Any member of the board w-ho for six months fails, without sufficient excuse, •to attend the board meetings, vacates his office (p. 183). LOCAL GOVERNMENT ACT, 1894. [56 & 57 Vict., Chapter 73.] A. P. 1894. - An Act to make further provision for Local Govern- ment in England and Wales. [5tli March, 1894.] BE IT ENACTED by the Queen's Most Excellent Majesty, by aud with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Part I. PART I. Parish Meetings and Parish Councils. Constitviion of Parish Meetings and Parish Councils. Constitution of parish i_ (1) Thei*e shall be a parish meeting for every esubiifh-^" rural parish,^ aud there .shall be a parish council for ment of every rural parish which has a population of three councils. hundred^ or upwards : Provided that an order of the county council in pursuance of Part III^ of this Act — (rt) shall, if the parish meeting of a rural parish having a population of one bundi-ed or upwards so resolve, provide for establishing a parish council in the parish, and may, with the consent of the parish meeting of any rural parish having a population of less than one hundred,^ provide for establishing a parish council in the parish ;^ and (6) may provide for grouping" a parish with some neighbouring parish or parishes under a com- mon parish 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 that parish. (2) For the purposes of this Act every parish in a rural sanitary district'' shall be a rural parish. LOCAL GOVERNMENT ACT, 189-1. '67 (3) Where a parish is at the passing of this Act Sec. 1. situate partly within and partly without a I'ural sani- tary district,^ the part of the parish which is within the district, and the part which is without, shall as from the appointed day,^ but subject to any alteration of area made by or in pursuance of this or any other Act,'' be separate parishes, in like manner as if they had been constituted separate parishes under the Di- vided Parishes and Poor LaAv Amendment Act, 1876,1*' and the Acts amending the same. ^ For definition of " parish " see Section 75 and note thereto. - For provisions for increase or decrease of population see Increase of Section 39. Where a runtl parish is co-extensive with a rural pop'^at'on- sanitary district a separate parish council is not to be elected for the parish, bat the district council have the powers of the parish council in addition to their own (Section 36 [4]). ^ -See Section 36 (p. 156). * An order of the county council establishing or dissolving a parish council does not require submission to or confirmation by the Local Government Board (Section 40). As to power of a parish meetiui; to apply for a grouping order see Section 38 (4). The concluding part of Section 38 (4) authorises a parish meeting to apply for a parish council in a parish which has a population less than 200; see also Section 36 (1) (c). Apparently the county council must if required set up a parish council in parishes of 100 inhabitants and upwards, and maif do so in parishes of less than 100. ' As to the provisions which a grouping order must contain see Groupiug. Section 38, which also gives the county council power to dissolve a group. Xeithcr a grouping order nor an order dissolving a group of parishes requires submission to or confirmation by the Local Government Board (Section 40). * A rural sanitary district was that area of a Poor Law Union which was not coincident with or wholly included in an urban sanitary district, with the exception of any portions of the Union included in an urban sanitary district (Section 9, P. H. A., 1875). See note to Section 21, post. ' Provision for a parish situated in more than one urban district is made in Section 36 (2), and as to parishes affected by creation of new boroughs or urban districts see Section 54. 8 See Section 84 (4). 9 See Sections 36 and 69. The county council has power to Name, settle the names of parishes so formed. (See Sections 3 [9] and 55.) It will sometimes bo found that part of a parish, divided by virtue of this section, will be too small to form a separate parish. In such a case it is for the county council to consider whether the part shall be united to some other rural parish, or whether an urban district (other than a borough) shall be extended, under Sec- tion 57 of the Local. Government Act, 1888, so as to include the rural part. '" By Sections of the Divided Parishes, &c.. Act, 1876, every statui of parish "constituted under that Act is a parish for all lay and civil '^|^'^^'.^*^ purposes to which a parish may be liable or entitled. Before the '' "^'^ formation of parishes under the Act of 1876 and the Acts amend- ing the same can affect the constitution of school districts, the sanction of the Education Department is required (Local Govern- ment Board circular, 23rd March, 1894). 68 56 & 57 VICT., c. 73. Sec. 2. Parish meetings. 2. (1) The parish meeting for a rural parish shall consist of the following persons, in this Act referred to as parochial electors,^ and no others, namely, the persons registered in such portion either of the local government register of electors^ or of the parliamentary register of electors^ as relates to the parish. (2) Each parochial elector may, at any parish meet- ing, or at any poll'' consequent thereon, give one vote and no more on any question, or, in the case of an election, 2 for each of any number of persons not ex- ceeding the number to be elected. (3) The parish meeting'' shall assemble at least once in every year, and the proceedings of every parish meeting shall begin not earlier thau six o'clock in the evening. (4) Subject to the provisions of this Act as to any particular person being the chairman^ of a parish meet- ing, the meeting may choose their own chairman. (5) A poll^ consequent on a parish meeting shall be taken by ballot. (6) The reasonable expenses^ of and incidental to the holding of a parish meeting or the taking of a polP consequent thereon shall be defrayed as hereinafter pi'ovided.'^ (7) With respect to parish meetings the provisions in the First Schedule^ to this Act shall have effect. Votiug. Parish meetings. Chairman. [For provisions as to parish meetings in 2)arishes which have no parish council see Section 19.] ^ See Section 44 and note ; also Section 75 (2). For provisions as to parish meetings for a ward or part of a parish see Section 49. * Thus if there are four candidates and three vacancies, an elector may give one vote to each of three candidates, or one to each of two, or one to one ; but he must not give more than one vote to any candidate. It is desirable that the chairman of the parish meeting should inform the parochial electors present of this provision in Section 2 (2) before any voting for the election of candidates takes place. But although the Act declares that an elector may give one vote only for a candidate, and may not give more votes than the number of parish councillors to be elected, the Local Government Board have stated that they do not consider it to he the duty of the chairman of the parish meeting to ascertain whether this limitation in the number of votes to be given has been observed ('Times,' 20th Nov., 1894). ^ Parish meetings are to be held as provided in Section 45. In parishes not having separate parish councils the provisions of Sec- tion 19 will apply ; at least two meetings a year must be held in these latter parishes. The annual assembly of the parish meeting must take place on some day between the 1st March and 1st April, both inclusive, in each year (Local Government Act, 1897, Sec. 2). * In parish meetings under this Act tlie rector, vicar, or other minister of the parish has no right as such to be chairman. If the LOCAL GOVERNMENT ACT, 1894. 69 chairman of the parish council (Section 3 [8]) is present at a parish Note to ineetinsr, is not a candidate for election at the meeting, is not Sec. 2. disqualified (Section 46), and is willing to take the chair (Sched. I, 1 [10]), he is entitled to he chairman (see Section 45). But as by Section 2 (1) none but parochial electors are entitled to be pre- sent at parish meetings, it follows that the chairman of the parish meeting must be a parochial elector. Hence if the cliairman of the parish council is not a parochial elector he cannot take the chair at a parish meeting. * See Section 48 (8) as to the mode of taking a poll. * The accounts will be periodically audited (Section 58), and the Expenses, decision whether or not any expenses are " reasonable" rests in the first place with the auditor. There is an appeal to the Local Government Board from his decision. 7 As to the mode of defraying these expenses see Section 11 (4) and Section 48 (7) : also Section 19 (9). ^ See p. 242 tor the rules for parish meetings. 3. (1) The parish council for a rural parish shall Cfinstitntion be elected from among the parochial electors^ of that counciT. parish or persons who have during the whole of the twelve months^ preceding the election resided^ in the pai'ish, or within three miles ^ thereof, and shall consist of a chairman and councillors, and the number of councillors shall be such as may be fixed from time to time by the county council,* not being less than five nor more than fifteen. (2) No person shall be disqualified^^ by sex or marriage for being elected or being a member of a parish council. (3) The tei-m of office of a parish councillor shall be one year.^ (4) On the fifteenth day of April ** in each year (in this Act referred to as the ordinary day of coming into office of councillors) the parish councillors shall go out of office, and their places shall be filled by the newly elected councillors. (5) The parish councillors shall be elected by the parochial electors^ of the parish. (6) The election of parish councillors shall, subject to the provisions of this Act," be conducted according to rules framed^ under this Act for that purpose by the Local Government Board. (7) The parish council shall in every year, on or within seven days after the ordinary day of coming into office of councillors, hold an antiual meeting.'' (8) At the annual meeting the parish council shall elect, from their own body or from other persons qualified to be councillors of the parish, a chairman, ^^ who shall, unless he resigns, ^^ or ceases to be qualified, '- or becomes disqualified,^' continue in office until his successor is elected. 70 56 & 57 VICT., c. 73. Sec. 3. (9) Every parish council shall be a body corporate by the uame of the parish council, with the addition of the uame of the parish, or if thei*e is any doubt as to the latter iiame,^* of such uame as the county council after consultation with the j^arish meeting of the parish direct, and shall have jDerpetual succession, and may hold laud for the purposes of their powers and duties without licence in mortmain ; and any act of the council may be signified by an instrument executed at a meet- ing of the council, and under the hands or, if an instru- ment under seal^^ is required, under the hands and seals, of the chairman presiding at the meeting and two other members of the council. (10) With respect to meetings of parish councils the provisions in the First Schedule^^ to this Act shall have effect. Warda. Chairman from outside Hour of meeting. Chairman. Vice- chairman. ' See Section 2 (1), 44 and note, also Section 75 (2), for definition of parochial electors. Where a parish is divided into wards for the election of parish councillors a separate p.irish meeting must be convened for each ward. See Section 18 (4). ' Measured in a straight line on a horizontal plane. See Inter- pretation Act, 1889, Section 34. ^ Observe that a parish councillor need not be a resident in the parish for which he acts. It is sufficient if he resides within three miles of the bovnidarv of that parish. See also Section 1, Local Government Act, 1897 (p. 396). * If the chairman of the parish council is elected from outside the councillors (see Sub-section 8), the number of members of the parish council will be one more than the number fixed by the county council. The county council may delegate their powers to a committee (Section 83). ^ He is eligible for re-election; he may resign (Section 47 [2], [3]). * See Section 73 as to this day falling on Sunday, Good Friday, or Bank Holiday. ' Where wards have been constituted, ])arish councillors must be elected for each ward. See Section 18 (4) and Section 48. ^ See Section 48. As to vacancies not filled by election at the annual election of parish councillors see Section 47. ' The meeting may be held at any hour which the parish council may fix. If the retiring chairman of the parish council is a candidate for re-election as chairman he should not preside at the annual meeting. If there is a vice-chairman, and he has been re-elected as a councillor and is present, he should preside. Other- wise one of the councillors should be chosen to preside temporarily. The succeeding chairman, when elected, may, if he is ])resent, at once take the cliair (Local Government Hoard circular, 10th April, 1895). ^'^ The parish council may also appoint a vice-chairman. (See Sched. I, 2 [11], p. 246.) Whether the council elect a parish councillor or any other j)erson to he their chairman, the person so elected will be a member of the council. If the chairman is elected from the parish councillors his election will apparently not create a casual vacancy (see Section 47) in the office of parish councillor. LOCAL (;OVKRNMKNJ' ACT, 1894. 71 " See Section 47 (3) as to mode of rcsijjniiig. Note to '" Tlie qualification for election as chairman is indicated in sub- Sec. 3. section (1) above. '3 (S'ee Section 40 as to disijualifications for being elected. i** See also Section 55 as to the power of county councils to alter names of parishes. '^ As a rule the contr.acts of corporate bodies must be under Contracts seal. Hut the above Sub-section (9) provides an alternative for """*'' "*'• parish councils which have no common seal : In Hunt V. Wimbledon L. H. (4 C. 1'. D. 48) Cotton, L. J., said : — " The common law being that a corporation cannot bind itself by contract except under seal, thei-e are certain exceptions to that rule. This is one exception, that for the purpose of carry- ing out the ordinary business for which the corporation has been •formed, it has power to bind itself without a contract under seal. TJut that is only in small matters necessary for the ordinary busi- ness of the corpoi-ation It is urged that there is another •exception, namely, that cor))orations are liable when goods have been supplied or work done in pursnani^eof a contract entered into not under seal, and the corporation have had the full benefit of such contract. I entertain very grave doubts whether such a corporation as this could be bound on any such ground, because the parties who have a beneficial enjoyment of anything supplied on the order are not the corporation, but those for whom the corporation act as trustees. I cannot see that the j)rinciple can apply to a corporation constituted as this is, existing not for its own benefit, but as trustees for a certain portion of the public." In Phelps V. Upton Snodsbury Highway Board (4tt J. P. 408 ; W.N. [1885] 92; 1 T. L. K. 425) that ruling was followed. There the Board resolved to oppose a bill in Parliament, and instructed solicitors accordingly. Held that the purpose was not incidental # to the purpose for which the Board was incorporated, and that as the solicitors had not been retained inuler the seal of the Hoard, they had no right of action against tlie Hoard for their costs. In Mayor of Ludlow i\ Charlton (6 M. & W. 815) an action for work done on local improvements failed because the contract for the work was not under seal. Vendors at an auction of certain municipal tolls failed to enforce the contract against the purchasers as it was not under seal. (Mayor of Kidderminster v. Hardwick, L. R. 9, Ex. 13.) In Wandsworth District Board v. Heaver (2 T. L. R. 130) the Board sought to recover a sum from the defendant as his share towards the purchase of a strip of land which the Hoard said they had purclwsed by arrangement witli the defendant to widen a road alongside which he proposed to build. The arrangement was by correspondence. Held that as it was not under seal, it could not be enforced. In a recent case the lessee of municipal buildings offered to do certain improvements on specified terms. The ofier was accepted by the Corporation, but not under seal. The lessee afterwards withdrew his proposals. Romer, J., refused specific performance of the agreement on the ground that it was not under seal. The case, he said, did not come within the exceptions to the rule, such as signature by a person authorised under seal to sign, or ratifica- tion under seal. (Mayor of Oxford v. Crow [1893], 3 Ch. 535.) On the other hand, a contract not under seal was enforced in Nicholsou V. Bradfield Union (L. R., 1 Q. B. 620; 35 L. J. Q. B. 176; 7 B. & S. 774; 14 L.T. 830), where the vendor of necessaries {coals) was held entitled to recover. 72 56 & 57 VICT., c. 73. Note to Inferior officers of a corporation may be appointed without seal. Sec. 3. but the appointment of superior officers, unless tliere is express power to appoint otherwise (e.g. by a minute of the Board), should' be made under seal : see Scott v. Clifton School Board, 14 Q. B. D. 500. In that case Mathew, J., said that where a contract is for a purpose incidental to the performance of the duties of the corporate body, and its necessity is shown by proof that the corporation, with full knowledge of its terms and of all the facts, had acted upon and taken the benefit of its performance, an action will apparently lie upon it, although not under seal. In Lancaster v. Harlech Highway Board (52 J. P. 805) L. was summoned for damage caused by extraordinary traffic, which was proved upon the certificate of the district surveyor, who was not appointed under seal, but by minute of the Board, signed by the chairman. An objection that the appointment of the surveyor, and therefore his certificate, were invalid, was overruled. Held, on appeal, that as the surveyor had acted de facto the objection was rightly overruled, and that the order made was valid. 16 See p. 245. ^'* °f 4. (1) In any rural parish in wliich tliere is nO' schoolroom. . i \ ' i t '' i -\ • ,^ • i -i suitable public room^ vested m the parish council or in the chairman of a parish meeting and the overseers^ which can be used free of charge for the purposes in this section mentioned, the parochial electors^ and the parish council shall be entitled to use, free of charge, at all reasonable times,^ and after reasonable notice/' for the purpose of — (a) the parish meeting or any meeting of the parish council ; or (6) any inquiry for parochial purposes by the Local Government Board or any other Grovernment department or local authority ; or (c) holding meetings convened by the chairman of the parish meeting or by the parish council, or if as to allotments in the manner prescribed by the 53 & 54 Vict., Allotments Act, 1890, "^ or otherwise as the Local Grovernment Board may by rule prescribe, to dis- cuss any question relating to allotments, under the Allotments Acts, 1887 and 1890,* or under this Act ; or (cZ) the candidature of any person for the district council or the parish council ;^ or (c) any committee or officer appointed, either by the parish meeting or council or by a county or district council, to administer jiublic funds within or for the purposes of the parish any suitable^ room in the school-house of any public elementary school^ receiving a grant out of moneys pro- vided by Parliament, and any suitable room the expense of maintaining which is payable out of any local rate : ,65. LOCAL GOVERNMENT ACT, 1894. 73 Provided that this euactiueut shall not autborisu the Sec. 4. use of any room used as part of a private dwell iug- house, nor authorise any interference with the school hours of an elementary day or evening school, nor, in the case of a room used for the administration of justice or police, with the hours during which it is used for these pur])Oses.'' (2) If, by reason of the use of the room for any of the said purposes, any expense is incurred by the per- sons 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 furniture 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 auy person, such expense or damage shall be reimbursed to the parish meeting or the parish council by the persons by whom or on whose behalf the meeting is convened. (3) If any question** arises under this section as to what is reasonable or suitable, it may be determined, in the case of a 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 G-overnment Board. ' As to the use of public-houses see Section 01. There is uotliing in this Act to prevent a parish meeting: or a meeting of the parish council from being held outside a parish. •^ If a parish has no parish council the body corporate for executive purposes in that parish consists of the chairniau of the parish meeting and the overseers (Section 19 [6]). 3 For detinition of parochial electors see Section 2 (1) and Sec- tion 44. In a circular letter addressed by the Education Depart- F;'^""*^"^^ ment to school boards and school managers in rural })arislu\s, dated pircufar^" 30th Nov., 1801-, it was stated as follows :— " As regards the use of a room under Section 4 (1) () the ])arochial electors. With regard to such use by the parocbial electors, the Department are advised by the law officers of tbe Crown tlmt the notice to be given to the persons having control oyer the room ^'^^^^1^^^,^^^ should proceed from the parochial electors and not from the can- didate, and that tbe right to use the room is not a right of the candidate, but a right of the electors or the council. Tbe law officers further consider that tbe expression 'parochial electors' means, not any section or majority of such electors, but the body as a whole, that is to say, acting as a parish meeting, and that the only way for the parocliial electors to demand the use oF the room is by notice given pursuant to a resolution at a parish meeting." * Tbe Allotment Acts, 1887 and 1800, are set out in the Ap- pendix, p. 273. 74 56 & 57 VICT., c. 73. Note to Sec. 4. " Reason- able." Parish council to appoint oTerseers. * For definitiou of "public elementary school" see Section 75, p. 228. * Section 6G also provides that nothing in this Act shall affect the trusteeship, nianagenient, or control of any elementary school. ' As to the mode of defraying expenses see Section 11 (4). * As to the determination of what is reasonable or suitable see Appendix, p. 539. Where it is desired that the Education Depart- ment or Local Government Board shall determine a question under this section, a written a])plication should be addressed to the secretary of the particular depaitment concerned setting out the facts. If the decision of a Secretary of State is required the application should be addressed to the Under Secretary of State, Home Office, Whitehall, S.W. Powers and Duties of Parish Councils and Parish Meetings. 5. (1) The power and duty of appointing overseers^ of the poor, and the power of aj^pointing and revoking the ai^pointment of an assistant overseer," for every rural jjarish having a jjarish council,-^ shall be trans- ferred^ to and vested in the parish council, and that council shall in each year, at their annual nieeting,^ 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 forth- with give Avritten notice thereof in the prescribed*' form to the board of guardians. (2) As from the appointed day" — (a) the churchwardens** of every rural parish shall cease to be overseers, and an additional number of overseers may be ajjpointed to replace the churchwardens, and (&) references in any Act to the churchwardens and overseers shall, as respects any rural jDarish, except so far as those references relate to the affairs of the church,^ be construed as references to the overseers, and (c) the legal interest in all property vested either in the overseers or in the churchwardens and over- seers of a rural jjarish, 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 ojiving effect to this enactment. 1 When a parish has become divided, under the Local Government Act, 1894, into two or more parishes, overseers must be appointed for each new parish. LOCAL GOVERNMKNT ACT, 1894. 7') The following persons are exempt by statute from serving as Note to overseers of tlie poor : Sec. 5. Members of the College of Appomtment Physicians . . . . 6Z ii.o, c. 4U. Ministers, teachers, and preach- f 1 W. and M. 1, 18, s. H. ers of religion . . .1 52 Geo. Ill, c. 155, s. 9. , . f 6 and 7 W. wnd M., c. 4, ss. Apothecaries and surgeons in J ^ ^^^^j ., certain cases . . • [l8 Geo. II, c 15, s. 10. Commissioners and officers of f 7 and 8 Geo. IV, c. 53, s. 11. excise and inland revenue ."i 16 and 17 Vict., c. 59, s. 17. Registrars of births and deaths and of marriages . . .1 Vict., c. 22, s. 18. Officers of the post office . . 1 Vict., c. 33, s. 12. Relieving officers and work- house masters . . .13 and 14 Vict., c. 101, s. 6. Officers of H.M.'s customs . 16 and 17 Vict., c. 107, s. 7. Assistant overseers of the poor 29 and 30 Vict., c. 113, s. 10. Dentists 41 and 42 Vict., c. 33, s. 30. Factory inspectors . . .41 and 42 Vict., c. 16, s. 67. Income Tax Commissioners . 43 and 44 Vict., c. 19, s. 40. Militia 45 and 46 Vict., c. 49. s. 41. „ , -- , ^ r 16 and 17 Vict., c. 73, s. 8 ; Naval Volunteers . . .| 22 and 23 Vict., c. 40, s. 7. Army Reserve . . .45 and 46 Vict., c. 48, s. 7. Attorneys and practising barristers and justices of the peace have been held to be exempt from serviiiir as overseers. There is nothing to prevent a parish councillor from being appointed overseer if he is duly qualified. Women may be overseers (Rex v. Stubbs, 2 T. R. 395), but it has been heUr improper to appoint them when other competent persons are available (Rex v. Chardstock, 16 Vin. Abr. 415). Probably the latter view would not be upheld at the present day. ThefoUoioinp extracts are taken from a memorandum issued ly L. G. B. the Local Government Board as to the appointment of Over- "^^j°^, seers by Parish Councils under the Local Government Act, 1894. It is important that the appointment of any overseer, either at the annual meeting or to till a vacancy, sbonld be forthwith notified to the guardians, as section 50 of the Act provides that if notice in the prescribed form is not received by the guardians within three weeks after the 15th of April, or after the occurrence of a vacancy, as the case may be, the guardians shall make the appointment or fill the vacancy. Even if an appointment had in fact been made by the parisli council, it might thus be set aside, unless the requisite notice liad been given, for the section provides that any overseer appointed by the guardians shall supersede any overseer previously appointed, whose appointment has not been notified. In order that it may he shown, if necessary, that the appointments of the overseers were duly notified to the guardians, it is desirable that the notification should be sent to tlie guardians in duplicate, and that the clerk to the guardians should be re- Duplicate quested to state on one of tlie duplicates the date of its receipt, notices. and to return it to the parish council. As regards the number of persons to he appointed as over- Number of seers at the annual meeting, it would seem desirable that, under overseers. 76 56 & 57 VICT., c. 73. Note to ordiuary circumstiuices, the number should be the same as hereto- Sec. 5. fore, unless the ])arish council should think fit to replace the churchwardens by additional overseers. In any case, the uumbei- to be appointed cannot exceed four, together with the number of 43 Eliz. 2 (1). churchwardens who were formerly ex officio overseers. Nor can the number be less than two, unless two cannot be conveniently appointed from the inhabitant householders of the parish. It would probably not generally be found convenient to appoint more than four overseers for a rural parish. Qualification. The ordinary qualification for office of overseer is being a substantial householder of the parish. But the parish council may appoint a person who is not a householder of the parish as over- seer, if he is assessed to the poor rate of the parish, and is a householder resident within two miles from the church or chapel of the parish, or where there is no church or chapel, resident within one mile from the boundary of the parish. A person who is not a householder in the parish cannot, however, be compelled to serve as overseer without his consent.* If it appears to the parish council that there is no house- holder in the parish liable or fit to be appointed overseer, they must appoint some inhabitant householder of an adjoining parish who is willing to serve. In such a case they may make the appointmeut either with or without salary, but exce])t in this case no remuneration can be awarded to any person for acting as overseer. A relieving officer, master of a workhouse, or assistant over- seer, cannot be appointed as overseer, nor can a person be appointed who, at the time of the proposed appointment, is engaged, or directly or indirectly concerned, in any contract for the supply of "goods or provisions for the workhouse or for the relief of the poor in the parish or in the union in which the parish is comprised. A person who has been adjudged bankrupt is disqualified for being elected or holding the office of overseer until the adjudication of bankruptcy against him is nnnuUed, or he obtains his discharge with a certificate that his biinkruptcy was caused by misfortune without any misconduct on his part. Moreover a person who has been convicted of felony, fraud, or perjury, is not eligible for the office. How The appointment of the overseers should be made by a resolu- appointed. ^ion of the parish council, duly entered on their minutes. It would be convenient that the parish council should formsilly ap- point the overseers by an instrument executed at the meeting at which they are appointed under the hands of the chairman pre- siding at the meeting and two other members of the council. (The form of the instrument is given in note G below.) An appointment in this or some similar form should be sent to each of the persons appointed. Hence, as many of these instru- ments must be made out and signed as there are persons appointed. No appointment by justices is now required. Local (i-overnment Board, February, 1895. Remuiiera tion. Disqualifica tion. * Where a pHrish council appointed as overseer a householder who did not reside in the parish, but occupied the house occasion- ally in his capacity of engineer of certain waterworks which were being carried through tlie parish, (Quarter Sessions quashed the appointment. The parish council did not object or appear. Re Mansergh, L. G. Chronicle,' 1896, p. 1108. LOfAL GOVERNMENT ACT, 1894. 77 ' Provisions tor the appointment of assistant overseers and the Note to security to be taken for their due performance of their duties are Sec. 5. made in 59 Geo. Ill, c. 12, s. 7; and 7 and 8 Vict., c. 101, s. Gl. OfaBsistant Note that part of the last-mentioned si'ction is repealed: ^^^ "^'^"^"'• Sched. II of Local Government Act, 1894. Assistant overseers cannot serve as guardians of the poor (5 and 6 Vict., c. 57, s. 14) or as overseers of the poor (29 and 30 Vict., c. 113, s. 10). 3 As to appointment of overseers, &c., in parishes not having a parish council see Section 19 (5). * As to the mode of settling questions as to transfers see Sec- tion 70 ; lis to the effect of such transfers, see Section 67. * See .Section 3 (4) and (7). The annual meeting must he held on or within seven days after the 15th April in each year. 6 "Prescribed" means prescribed by the Local Government Board (Section 75, p. 229). The following Order on the subject, dated 9th February, 1895, L. G. B. has been issued by the Local (Jovernment Board : oufpel) Article I. — The ap])ointmeut of overseers of the poor of the 1^)95, parish made at the annual meetiug of any parish council shall be notified to the board of guardians of the Poor Law Union in which such parish is comprised in the Form A in the Schedule to this Order, or in a form to the like effect. Article II. — Whenever any parish council shall appoint an overseer of the poor of the parish in consequence of a casual vacancy having occurred in the office, the appointment shall be notified to the board of guardians of the Poor Law Union in which such parish is comprised in the Form B in the Schedule to this Order, or in a form to the like effect. Article III. — If any parish council shall appoint an additional number of overseers of the poor of the ])arish to replace the churchwardens, the appointment shall be notified to the board of guardians of the Poor Law Union in which such parish is com- prised in the Form C in the Schedule to this Order, or in a form to the like effect. SCHEDULE. Form A. Parish of , in the County of To the Board of Guardians of the Union. Appointment of Overseers. We hereby give notice that at the annual meeting of the parish council of the above-named parish, held on the day of ,189 , A. B., of , and C. B., of were duly appointed to the office of overseers of the poor of the parish for the ensuing year. Presiding Chairman. "1 Two Members of the J Parish Council. Countei'signed by Clerk to the Parish Council. Form B. Parish of , in the County of To the Board of Guardians of the Union. Appointment of Overseer to fill a Casual Vacancy. Whereas a vacancy in the office of overseer of the poor of the 78 Note to Sec. 5. * State here " death " or other cause of the vacancy. 56 A- [u VICT., c. 73. Ex officio overseers. above-named parish has occurred by reason of the * of A. B., of : Now, therefore, we hereby give notice that at a meeting of the parish covmcil of the above-named parish held on the day of , 189 , C. D., of , was duly ap- pointed to the office of overseer of the poor of the parish for the remainder of tlie term of office of the said A. B. Presiding Chairman. }Two Members of the Parish Council. Countersigned by Clerk to the Parish Council. Form C. Parisla of , in the County of To the Board of Guardians of the Union. Appointment of Overseers to replace Churchwardens. Whereas A. B. and C. D., churchwardens of the above-named parish, have ceased to be overseers of the poor thereof: Now, therefore, we hereby give notice that at a meeting of the parish council of the above-named parish, held on , the day of , 189 , E. F., of , and G. K., of , were duly appointed to the office of overseers of the poor of the parish to replace the said A. B. and C, D. Presiding Chairman. 1 Two Members of the J Parish Council. Countersigned by Clerk to the Parish Council. ' See Section 84 (4) as to the " appointed day." * By 43 Eliz., c.2, s. 1, the churchwardens of every (civil) parish were ex officio overseers of that parish. But clnirchwardens of churches and chapels erected under the Church Building Acts in populous parishes were, by 59 Geo. Ill, c. 134, s. 23, exempted from holding the office of overseer. Now, churchwardens will no longer as such be overseers of their parish. The parish council may elect additional overseers corre- sponding to the number of churchwardens who previously acted as overseers, so that in future there will be as many overseers as there were overseers and churchwardens before the passing of this Act. The parish council may elect as overseers the persons who are churchwardens, and the latter will then act by virtue of their election, and not by virtue of their being churchwardens. 5 For definitions of " ecclesiastical charity " and " affairs of the church " see Section 75, pp. 226 and 227. Transfer of certain powers of vestry and other authorities to parisli council. 6. (1) Upon the parish council of a rural parish coming into office/ there shall be transferred^ to that council — (ft) The powers, duties, and liabilities of the vestry of the parish except — (i) so far as relates to the affairs of the church^ or to ecclesiastical charities {• and LOCAL GOVEHNMKNT ACT, 1S94. 79 (ii) any powei-, duty, or liability transferred^ Sec. 6. by this Act from the vestry to any other authority :^ (6) 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,-^ ov are powers and duties of overseers, but in- clusive of the obligations of the churchwardens with respect to maintaining and repairing closed churchyards wherever the expenses of such main- tenance and repair are repayable out of the poor rate under the Burial Act, 1855 :''' Provided that 18 &19 vict. such obligations shall not in the case of any '^- ^^*- particular parish be deemed to attach, unless or until the churchwardens subsequently to the passing of this Act shall give a certificate,^ as in the Burial Act, 1855, provided, in order to obtain the repayment of such expenses out of the poor rate : (c) The powers, duties, and liabilities of the over- seers or of the churchwardens and overseers of the parish with respect to — (i) appeals or objections by them in respect of the valuation list,'^ or appeals in respect of the poor rate,^ or county rate,^ or the basis of the county rate f and (ii) the provision of parish books^" and of a vestry room or parochial ofiice,^^ parish chest, fire-engine,^^ fire-escape, or matters relating thereto ; and (iii) the holding or management of parish property, not being property relating to affairs of the church^ or held for an • ecclesiastical charity,^ and the holding or management of village greens, !■' or of allotments,^ '^ Avhether for recreation gi'ounds or for gardens or otherwise for the benefit of the inhabitants or any of them : (d) The poAvers 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. ^^ (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 inhabitant householders by the Housing of the Work- 53&54Vict., c. 70. 80 56 & 57 VICT., c. 73. Sec. 6. ing Classes Act, 1890,^^ but without prejudice to the powers of such householders. (3) A parish council shall have the same power of making a representation with respect to allotments, and of ap^ilying for the election of allotment managers, as is confen-ed on pai-liamentary electors by the Allotments 50&5iVict. Act, 1887,^7 or the Allotments Act, 1890, but without 53 S; 54 Vict., prejudice to the powers of those electors. c- 65. (4) Where any Act constitutes any persons wardens^^ for allotments, or authorises or i-equires the appointment or election of any wardens conamittee 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 per- formed by the parish council, and it shall not be necessary to make the said api^ointment or to hold the said election, and for the purpose of Section 16^^ 55&56Vict., of the Small Holdings Act, 1892, two members of the ''' ■ parish council shall be substituted for allotment managers or persons appointed as allotment managers. ' As to the date when the first parish councils came into office see Section 84 (2). ^ As to the mode of settling questions as to transfers of duties, &c., see Section 70. Among the powers transferred from the vestry to the parish council by this Section is that which enabled a vestry to order that owners be rated instead of occupiers. >See Section 4, Poor Hate Assessment and Collection Act, 1869, set out on p. 155, post. As to the effect of transfers from one authority to another under this Act, see Section 67. 3 See Section 75 for definitions of the expressions " affairs of the church" and "ecclesiastical charities." ^ See, for instance, Section 7 (3). ' Section 18 of tlie Burial Act, 1855, provides as follows : Closed burial " '" every case in which any Order in Council has been or shall grounds. hereafter be issued for the discontinuance of burials in any church- yard or burial-ground, the Burial Board or churchwardens, as the case may he, shall maintain such churchyard or burial-ground of any parish in decent order, and also do the necessary repair of the walls and other fences tliei-eof, and the costs and expenses shall be repaid by the overseers upon the certificate of the Burial Board or churchwardens, as the case may be, out of the rate made for the relief of the poor of the parish or place in which such churchyard or burial ground is situate, unless there shall be some other fund legally chargeable with such costs and expenses." ^ A churchwarden ordered certain alterations to the walls of a disused burial-ground, after resolution to that effect passed by the vestry. Held that he was entitled to be paid the expenses, and that a letter written by him stating the sum required was a sufficient certificate within the meaning of Section 18 of the Burial Act, 1855.— Reg. v. Islington Vestry, 25 Q. B. D. 523; 59 L. J. Q. B. 462 ; 63 L. T.226; 39 W. II. 10; 54 J. P. 807. ' Section 32, Union Assessment Committee Act, 1862, provides as follows : LOCAL GOVERNMENT ACT, 1894. 81 " If the oversfcr or overseers of iiuy parish iu iiiiy uniou shall Note to have reason to think that such parish is afjgrieved bj'the valuation Sec. 6. list of any parish within such union, whether it be on the ground AnpeaU; that the "rateable hereditaments comprised in the valuation list *.»|""''0" of such parish are valued at sums beyond the annual rateable value thereof, or on the grounil that the rateable hereditaments comprised in the valuation list of some other parish in such union are valued at sums less than the annual rateable value thereof, it shall be lawful for such overseer or overseers, witli the consent of a vestry summoned for the purpose of considering the expediency of giving such consent, to appeal to the Quarter Sessions for the county or borough in which the greatest number of parishes belonging to the union is situate, or, in case the number of parishes in any two or more such jurisdictions is equal, to the Quarter Sessions for the county or borough having jurisdiction over the parish in which the workhouse of the union is situate, at the Sessions to be holden after the expiration of a month * after the allowance of and deposit of such valuation list as aforesaid against such valuation list of the parisli which shall appear to be over-valued or under- valued; and if jn any case any such overseer or overseers appeal against the valuation list of any other parish on the ground that the rateable hereditaments in such list are valued at less than the annual rateable value thereof, such overseer or overseers shall give fourteen clear f days' notice in writing, previous to the first day of the said Quarter Sessions at which the appeal is to be made, of the intention to appeal, and the grounds thereof, to the overseers of the poor of such parish, and to the guardians of the union comprising such parish ; and if any overseer or overseers of any parish appeal against the valuation list of such parish on the ground that the rateable hereditaments in such list are valued beyond the annual rateable value thereof, such overseer or overseers shall give fourteen days' t notice in writiiig, previous to the Quarter Sessions at which the appeal is to be made, of the intention to appeal, and the grounds thereof, to the guardians of the union in which such parish is situate; the said Court shall be empowered to hear and determine such appeal, and either confirm such valuation list, or correct such irregularities or inaccuracies as shall be proved to exist therein as to them may appear fair and just, but no such valuation list shall upon such appeal be quashed or destroyed in regard to any otlier parish unless the Court deem it necessary to proceed to the making of an entire new valuation list." The duty imposed on overseers by this section is now transferred to the parish council. 8 By 17 Geo. II, c. 38, s. 4, persons appealing to Quarter Sessions I'oor "te. against the poor rate were required to give notice to the church- wardens or overseers of the parish. See also 41 Geo. Ill, c. 23, ss. 4— G, and Reg. v. Salop (1896), 60 J. P. 552. » See 15 and 16 Vict., c. 81, ss. 13 et seq., especially s. 22 ; and County rate. S8. 32 and 33. 1" As to custody and deposit of parish books, &c., see Section 17 Parish books, and note. " In parishes having 2000 inhabitants, where the vestry has put Vestry room. in force the 13 and 14 Vict., c. 57, they are empowered by s. 3 * " Month " means calendar month; Section 3, Interpretation Act, 1889. + " Clear " days, i. e. exclusive of tlic day on which the notice was given, and also of the first day of the Quarter Sessions. 6 82 56 & 57 VICT., c. 73. Note to Sec. 6. Fire engine. ViUage greens, nuisance on. to provide a room within the parish for vestry meetings ; and under 2-4 and 25 Vict., c. 125 (s. 1), " The overseers of any parish in Eughind, the popuhition wliereof shall exceed 4000 persons accord- ing to the census for the time being, with the consent of the vestry, called after due notice, and with the consent of the [Local Government Board], signified by an order under their seal, may hire any room, or purchase or take upon lease, or exchange any land or building, or sell land belonging to such parish, and invest the proceeds of such sale in the purchase of other land and building, or erect a suitable building on any land acquired as aforesaid, for the purpose of an office for the transaction of the business of the parish." '* 30 and 31 Vict., c. 106, s. 29 :— " If 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 resolve that the overseers shall provide any fire-engine, ladder, or fire-escape for general use in the parish, the overseers shall provide the same, and pay out of the poor rate the cost thereof, and of procuring a proper place wherein to keep the same, and of maintaining it, as well as any such engine, ladder, or escape acquired by the parish in any other manner for such use, in a fit state of repair, and the charges of such persons as may be necessai-y for the use thereof, and the cost of suitable implements and accoutrements." By Section 44 of the Lighting and Watching Act, 1833 (3 and 4 Wm. IV, c. 90), fire-engines, &c., can be provided in parishes which have adopted that Act.* The Act is set out in the Appendix. '^ Section 15 of the Inclosure Act, 1845, forbids the inclosure of village greens, but provides for their preservation and for fixing their boundaries ; and Section 12 of the Inclosure Act, 1857, em- powers churchwardens and overseers to take steps to protect village greens from nuisances, and to sell and dispose of any manure, soil, ashes, and rubbish, or other matter or thing which may unlawfully have been deposited there, the proceeds of the sale beiug applied in aid of the rates for the repair of the public highways in the parish. f The last mentioned section was amended by Section 29 of the Commons Act, 1876, which provided as follows : — "An encroach- ment ou or enclosure of a town or village green, also any erec- tion thereon or disturbance or interference With or occupation of the soil thereof which is made otherwise than with a view to the better cn-joyment of such town or village green or recreation ground, shall be deemed to be a public nuisance, and if any pei'son does any act in respect of which he is liable to pay damages or a penalty under Section 12 of the said Inclosure Act, 1857, he may be summarily convicted thereof upon the information of any inhabitant of the parish in which such town or village green or recreation ground is situate, as well as upon the information of such persons as in the said section mentioned. This section shall apply only in cases where a town or village green or recreation ground has a known and defined boundary." !■« The Allotments Acts, 1887 and 1890, are set out in the Appendix, but allotments are held under numerous other Act*, including local and general Inclosure Acts. See note to Section 14. * As to the powers of the parish fire brigade to exclude a volunteer fire brigade see Carter v. Tliomas (1893), 1 Q. B. 673. t Question raised as to the right of a local board to break open the gates of an old bowling-green on the plea that it was an ancient village green: Birch v. Peake, 'Times,' 24th Jan., 1894. LOCAL GOVERNMENT ACT, 1894. 83 ^* As to the sale, exchange, and letting of parish property see Note to 5 and G Win. IV, c. GO, s. 3; 5 and 6 Vict., c. 18; and 30 :ind 31 Sec. 6. Vict., c. lOG, s. 17 ; 32 and 33 Vict., c. (;3, s. 5. '* My the Honsin-,' of the Working Classes Act, 1890, s. 31, it is provided as follows : "(1) If in any district any four or more hoiiseholders living Unliealthy in or near to any street complain in writing to the medical dwelliugs. officer of health of that district that any dwelling-honse in or near that street is in a condition so dani^erous or injurious to health as to be unfit for human habitation, he .'ihall forth- with inspect the same, and transmit to the local authority the said complaint, together with his opinion thereon ; and if he is of opinion that the dwelling-house is in the condi- tion aforesaid, shall represent the same to the local authority; but the absence of any such complaint shall not excuse him from inspecting any dwelling-bouse, and making a represen- tation thereon to the local authority. " (2) If within three months after receiving the said complaint and opinion or representation of the medical officer, the local authoritj-, not being in the administrative county of London, or not being a rural sanitary authority in any other county, declines or neglects to take any pro- ceedings to put this part of this Act in force, the house- holders who signed such complaint may petition the Local Government IJoard for an inquiry, and the said Board after causing an imjuiry to be held may order the local authority to proceed under this part of this Act, and such order shall be binding on the local authority. '7 Allotment wardens are constituted under various Tnclosurc Acts (e.ff. see Section lOS of the Inclosure Act, 18 i5). Powers for appointing allotment managers are given by the Poor Allotments Management Act, 1873, arid by Sections 6 and 9 of the Allotments Act, 1887. As to the power of making representations possessed by Parliamentary electors see Section 2 (1) of the last-mentioned Act. The provisions of the Allotments Act, 1887 and 1890, are set out in the Appendix. 1** Section Ifi of the Small Holdings Act, 1892,* is as follows : Small "(1) Where a county council provide small holdings they ''oUings- may delegate, with or without restrictions, the powers of the county council under this Act " {i. e. the Small Holdings Act) " with respect to the adaptation of land for any holdings, and the sale, letting, and management of any holdings to a committee consisting of — " The county councillor representing the electoral division in which the holdings are situate ; and "Two other members of the county council ; and " Two of the allotment managers (if any) under the Allot- ments Act, 1887, for the parish or area in which the holdings are situate, selected by those managers, or if there are no allotment managers, two persons appointed in manner provided by that Act for the appointment of allotment managers ; or " If the holdings are situate within the limits of a municipal borough, then, instead of tbe persons selected or apjiointed as aforesaid, two members of tlie borough council : * The authority having the power to provide small holdings under the Small Holdings Act, 1892, is the county council. 3 & 4 Will. 4, i,a) c. 90. 9 & 10 Vict., (b) c. 74. 45&46VJct., c. 30. (c) 15 & 16 Vict., c. 85. 48 & 49 Vict., c. 21. (d) 23 & 24 Vict., c. 30. 55 & 56 Vict., (e) C.53. 84 56 & 57 VICT., c. 73. Note to aud in the construction of this Act references to the county Sec. 6. council shall, in their application to the powers so delegated, include any such committee. Provided that a county council shall not under this section delegate any powers of making or levying a rate or of borrowing money. " (2) The Local Government Act, 1888, shall apply to any committee apj)ointed under this section as if it were appointed under that Act." Transferor 7. (1) As fvoiii the appointed day,^ in every rural adopUve" " parisli " tlie parish meeting^ shall, exclusively, have the Acts. power of adopting any of the following Acts, inclusive of any Acts amending the same (all which Acts are in this Act referred to as the " adoptive Acts "'*) ; namely — The Lighting and Watching Act, 1833 (see Appendix, p. 370). The Baths and Washhouses Acts, 1846 to 1882 (see Ap)j)endix, p. 287). The Burial Acts, 1852 to 1885 {see Appendix, p. 303). The Public Improvements Act, 1860 (see Ap- pendix, p. 439). The Public Libraries Act, 1892 {see Appendix,. p. 440). (2) Where under any of the said Acts a particular majority ^ is required for the adoj^tion or abandonment of the Act, or for any matter under such Act, the like majority of the parish meeting or, if a poll is taken, of the parochial electors, shall be required, and where under any of the said Acts the opinion of the voters is to be ascertained by voting papers, the opinion of the parochial electors shall be ascertained by a poll taken in manner provided by this Act.^ (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 purj^ose the expression " vestry '^ shall include any meeting of ratepayers or voters. (4) Where there is power to adopt any of the adop- tive Acts for a part onlv^ of a rural parish, the Act may be adoj^ted by a parish meeting held for that part. (5) Where the area under any existing authority acting within a rural parish in the execution of any of the adoptive Acts is co-extensive with the parish, all powers, duties, and liabilities of that authority shall, on the parish council coming into office, be transferred to that council.^ (6) This Act shall not alter the incidence of charge of any rate levied to defray expenses incurred under LOCAL GOVERNMENT ACT, 1894. 85 any of the adoptive Acts, and any such rate shall be Sec. 7. made and chav<,'ed as heretofore, and any property applicable to the j^ayment of such expenses shall continue to be so applicable. (7) When any of the adoi:)tive Acts is adopted for the whole or part of a rural parish after the ap^'ointed day, and the parish has a parish council, the parish council shall be the authority for the execution of the Act. (8) For the purposes of this Act the passing of a resolution to provide a burial-ground^ under the Burial Acts, 1852 to 1885, shall be deemed an adoption of those Acts. ^ As to " sippoiuted day " see Section 84 (4). Where any of the Adoptive adoptive Acts were in force in any rural parish before the ])arish " '^''* council came into office, that council is the authority tor adminis- tering the Acts, provided they are in force in the whole of the parish. Section 53 jirovidcs the means by which a parish council may become the executive authority where the Acts are in force in a locality which constitutes a part only of a rural ))arish. * As to the operation of any of these Acts in an urban district see Section 62. ^ The approval of the Local Government Board is necessary to Approval of the adoption of the liaths and Washhouses Acts and the Public ^•^•^' Improvements Act, but not to the adoption of any of the otber " adoptive " Acts. * The adoptive Acts are all set out in the Appendi.x. * Lighting and Watching Act, 1833: the majority had to be Majorities. two thirds of the ratepayers present at the meeting (Section 8). If a pirll were taken two thirds of a clear majority of the rate- payers of the parish were necessary (Section 12). Baths and Washhouses Acts : two thirds of the number of votes (Section 5, Act of 1846). Burial Acts: see Sections 7 (8) Local Government Act, 1894, above: a bare majority is sufficient. Public Improvements Act, 1860 : two thirds of the number of votes (Section 2). Public Libraries Act, 1892 : a bare majority is sufficient. * As to the mode of taking a poll see Section 48. Voting papers were employed to ascertain the opinion of the voters in regard to the adoption of the Public Libraries Act, 1892. Now the Public Libraries Act may be adopted by a majority of the parish meeting, or, if a poll be demanded, by a majority of the voters polling. ' As to adopting these Acts for part of a parish see Sections 37 and 49. Only the Lighting and Watching Act (Section 73) anil the Burial Acts (Section 12 of the Act of 1S55) can be adopted for part of a parish. As to the old mode of adoption see — Section 73, Lighting and Watching Act, 1833. Section 1, Baths and Washhouses Act, 1846. Section 10, Burial Act, 1852. Section 2, Public Improvements Act, 1860. Section 1 (2), Public Libraries Act, 1892 (the Act cannot be adopted for part of a library district). For provisions respecting the Acts whereon the appointed day they were in force for part of a rural parish see Section 53. 86 Note to Sec. 7. 56 & 57 VICT., c. 73. L. G. B. memo- TUDdum. Burial Boards. 8 For further provisions as to transfer of powers under the adoptive Acts see Sections 53 and 67 : as to date of parish council coming into office see Section 84 (2). * A.S to the provision of a mortuary see Section 42, Burial Act, 1852. Urban and rural district councils may provide mortuaries under Section 141, Public Health Act, 1875. It is not clear that a parisli council can provide a mortuary without also providing a burial ground : probably it cannot. BUEIAL BOAEDS. The following memorandum as to the effect of the Local Govern- ment Act, 1894, as regards burial boards, was issued by the Local Government Board in April, 1894 : " 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 board will be elected, but the parish council will be the authority for the execution of these 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 Ijoard will be transferred to the parish council on the latter coming into office. The burial board will cease to exist, and their place will be taken by the 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 that part, may transfer the powers, duties, and liabilities of the burial board to the parish council, subject to any conditions as to the execution thereof by a committee as the burial board or parish meeting may impose. "Where the area is in two or more rural parishes, the powers of the burial board will be transferred by the Act of 1894 to the respective parish councils for such parishes ; and where the area is partly in a rural parish and partly in an urban district, these jjowers will be transferred to the parish council and the district council of the urban district. Until other provision is made, the powers so transferred are to be exercised by a joint committee. Where there is no parish council, the parish meeting is to be substituted in the cases last mentioned. " Subject to this, a parish meeting in a rural parish which has no parish council will have none of the powers of a burial board under the Burial Acts, unless the county council, on the application of the parish meeting, confer on them the powers given by the Act of 1894 to a parish council in this matter; but burial boards may still be 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 uperseded 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 i)owers, duties, and liabilities of the burial board shall be transferred to the council LOCAL GOVKKNMENT ACT, 1894. 87 from a specified date, and such tiiuisfer will take effect from that Note to date, and tlie burial board will cuasc to exist. Subject to this, the Sec. 7. burial board for such a district will not be affected by the Act. " The powers possessed by rural sanitary authorities of providing cemeteries under the Public Ilealtli (Interments) Act, 1879, will be transferred to rural district councils." ^The memorandum on the subject issued by the Home Office wi/l be found in the Appendix, p. 520.] 8. (1) A parish council shall have the following Additional additional powers, 1 namely, power— _ paHs""^ (a) to provide or acquire liuildiugs for public offices council, and for meetings and for any purposes connected •with parish business or with the powers or duties of the parish council or pai-ish meeting ; and (b) to provide or acquire land^ for such buildings and for a recreation ground'^ and for public ■walks ; and (c) to apply to the Board of Agriculture under Section nine of the Commons Act, 1876 ;* and 39&40Vict., (cZ) to exercise with respect to any recreation ground,^ <=• 56- village green,3 open space, or public walk, which is for the time being under their control,^ or to the expense of which they have contributed, such powers as may be exercised by an urban authority under Section one hundred and sixty- four of the Public Health Act, 1875,*' or Section 38_&39Vict., forty-four of the Public Health Acts Amendment js^j^s^ vict., Act, 1890," in relation to recreation grounds or c. 59. public walks, and Sections one hundred and eighty-three to one hundred and eighty-six of the Public Health Act, 1875,''' shall apply accordingly as if the parish council were a local authority within the meaning of those sections ; and (e) to utilise any well, spring, or stream^ within , their parish and provide facilities for obtaining water therefrom, but so as not to interfere with the rights of any corporation or person ; and (/) to deal with any pond, pool, open ditch, drain, or place^ containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventiug it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority ; and (g) to acquire by agreement any right of way,"' whether within their parish or an adjoining 88 56 & 57 VICT., c. 73. Sec. 8. parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof ; and (h) to accept and hold any gifts of property, real or personal, for the benefit of the inhabitants of tbe parish or any part thereof ; and (i) to execute any works (including works of main- tenance or improvement) incidental to or con- sequential on the exercise of any of the foregoing powers, or in relation to any parish property, not being property relating to affairs of the Church^ ^ or held for an ecclesiastical charity ;^^ and (/fc) to contribute towards the expense of doing any of the things above mentioned, or to agree or combine with any other parish council to do or contribute towards the expense of doing any of the things above mentioned. (2) A parish council may let, or, with the consent of the parish meeting, sell or exchange,^'^ any land or buildings vested in the council, but the power of letting for more than a year and the power of sale or exchange shall not be exercised, in the case of property which has been acquired at the expense of any rate, or is at the passing of this Act applied in aid of any rate, or would but for want of income be so applied, without the consent of the Local Government Board, or in any other case without such consent or approval as is required under the Charitable 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. (3) Nothing in this section shall derogate from any obligation of a district council with respect to the supply of water or the execution of sanitary works. ^* (4) Notice of any application to the Board of Agriculture in relation to a common^ shall be served upon the council of every parish in which any part of the common to which the application relates is situate. ' la carrying out tlie powers conferred by this section, parish councils must have regard to the limit of expenditure imposed by Section 11. Recreation '^ ^^ to the pow( rs to acquire land see Section 9. The power grounds. given in Section 8 (1) (b) may be exercised as regards recreation grounds and public walks witliout adopting the Public Improve- meats Act, 18G0, provided for in Section 7. Where, therefore, it is desired to provide a recreation ground or public walks for a parish having a parish council, the council may proceed under Section 8; Village ^^ ^''^y ^^'"^y ^'''^ ^ parish meeting to act under Section 7. greens. ' As to the powers of a parish council to protect village greens LOCAL GOVERNMENT ACT, 1894. 89 and recreation grounds, see the Memorandum issued by the Local Note to Government Hoard ; Appendix, ]>. 538. Sec. 8. * Section 9 of the Commons Act, 1876, provides as follows : " The Inclosnre Commlisioners " [now tlie lioard of Agriculture*] " shall from time to time, upon application made by tlie persons interested in any common, issue in such form as they may deem Commons, expedient information and directions as to the mode in wliich applications for the regulation or iudosure of commons under the Inclosure Acts, 1845 to 18G8, as amended by this Act are to be made to the [Board], witii such explanations as they may tliiuk tit with respect to the law for the regulation and inclosure of commons, and the persons so interested may apply accordingly in manner directed by the [Board of Agriculture]." '" See 6 (1) (c) (iii) and note thereon. As regards footpaths see also Section 13. ^ The sections of the Public Health Act, 1875, referred to iu this section are set out in the Appendix. Parish Councils may now, under Section 16-4 Public Health Act, 1875, make bye-laws for the regulation of any recreation ground, village green, open space, or public walks under tlieir control. Such bye-laws, when made, recjuire confirmation by the Local Government Board. Before confirming any bye-laws relating to a village green or other open space, the Board require to be informed of the facts upon which the parish council rely in support of their claim to regard the green or open space as oue to which Section 8 (1) id) applies. ^ Section 44 of the Public Health Acts Amendment Act, 1890, is as follows : " (1) Au urban authority may on such days as they think Closing fit (not exceeding twelve days in any one year, nor four consecutive P'^"**""* days on any one occasion) close to the public any park or pleasure " ground provided by them, or any part thereof, aud may grant the use of the same, either gratuitously or for payment, to any public charity or institution, or for any agricultural, liorticultural, or otiier show, or any other public purpose, t or maj' use the same for any such show or purpose ; and the admission to the said park or l)leasure-ground, or such part thereof, on the days when the same shall be so closed to the public, may be either with or without pay- ment, as directed by the urban authority, or, with tlie consent of the urban authority, by the society or persons to whom the use of the p:irk or pleasure ground, or s>ich part tlicreof, may be granted ; provided that no such i)ark or pleasure ground shall be closed on any Sunday or public holiday. " (2) .An urban authority may either themselves provide and let Boats, 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, aud may make bye-laws for regulating the numbering aud Bye-laws. naming of such boats, the number of persons to be carried therein, the boathouses and monriug-places for the same, aud for fixing rates of hire and the qualifications of boatmen, and for securing their good and orderly conduct while in charge of any boat." * The Inclosure Commissioners were absorbed by the Board of Agriculture established under 52 and 53 Vict., c. 30. t It would seem that the local authority cannot close the recreation ground in order to let it to a football club for the day ; see Attorney-General v. Loughborough Local Board, * Times ' newspaper, 31st May, 1881. 90 56 & 57 VICT., c. 73. Note to Sec. 8. Water- supply. Nuisances. Sanitary duties of district councils. ^ The powcr.s of the parish council are limited by the powers possessed l)v any water company, or other body, having exclusive rights of providing the inhabitants of the parish with a supply of water. If no company or other body possess such exclusive rights, or if they consent to waive their rights, the parish council may, subject to the considerations as to expense indicated in Section 11, protect and deepen wells, improve the surroundings of springs, lay pipes to convey water from these, or from streams, and do other things tending to improve existing supplies in the parish. But they appear to have no power given them to bore or dig wells by way of " prospecting " for water. See also the following note, and sub-section 3, above. It' should be distinctly understood that the power given to parish councils in sub-section (1) (e) in no way re- lieves district councils of their duties in regard to the provision of water-supply or the execution of sanitary works. 'J No i)0wer is given to enter private property without consent in order to deal with these matters. Apart from the powers here given, if any ponds, pools, ditches, &c., on private property or else- where, are a " nuisance or injurious to health " within the meaning of Section 91 of the Public Health Act, 1875, the parish council could give information to the district council under Section 93 of that Act, and it would he the duty of the district council (under Section 94), if satisfied of the existence of a nuisance, to take the necessary action to procure its abatement. \ ^" A parish council cannot acquire otherwise than by agreement any laud for the purpose of any supply of water, or any right of way (Section 9 [15]). 11 See Suctiou 75 as to the meaning of " affairs of the Church" and "ecclesiastical charity" (pp. 227 and 226). 1^ See also Section 6 (1) (d) and note. 1^ The statutes comprehended in the expression " The Charitable Trusts Acts, 1853 to 1891," are the following :— 16 and 17 Vict., c. 137 ; 18 and 19 Vict., c. 124 ; 23 and 24 Vict., c. 136 ; 25 and 26 Vict., c. 112 ; 32 and 33 Vict., c. 110 ; 50 and 51 Vict., c. 49 ; 54 and 55 Vict., c. 17. i"* The obligations of district councils with respect to water supply and sanitary works are indicated in the Public Health Acts (see Public Health Act, 1875, Section 15 as to mailing and maintaining sewers; Section 36 as to enforcing pi-ovision of privy accommoda- tion for houses ; Section 42 as to cleansing of streets and removal of refuse ; Section 51 as to provision of water-supply (see also the Public Health [Water] Act, 1878, especially Section 3); Section 92 as to ins])ection of district for detection of nuisances ; and Sections 94 and 95 as to the steps to be taken by the local authority to procure the abatement of nuisances. Where district councils make default in exercising their powers under the I'ublit; Hcaltli A(;ts the parish council may complain to the county council (see Section 16, post). As to the powers which may be delegated to parish councils by tlie district councils, see Section 15, Local Government Act, 1894, Powers for acquisition of land. 9. (1) For the purpose of the acquisition of land by a parish council the Lands Clauses Acts^ shall be incorporated with tliis Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, ^ and Section one LOCAL (JUVKllNMENT ACT, 1894. 91 hundred aud seventy-eight-' of the Public Health Act, Sec. 9. 1875, shall apply as if the parish council were referred ^^^^^^^^<^^: to therein. (2) If a parish council are unable to acquire by agreement and on reasonable terms * suitable land for any purpose for which they are authorised to acquire it, they may represent the case to the county council, and the county council shall inquire into the representation." (3) If on any such re2)resentation, or on any ])ro- 50&5iVict., ceeding under the Allotments Acts, 1887 and 1890,** a 53 iUvict.. county council are satisfied that suitable land for the <^- ^''■ said purjiose 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 pi'escribed,'* and all persons interested shall be per- mitted to attend at the inquiry, and to support or oppose the taking of the land. (4) After the completion of the inquiry, and con- sidering all objections made by any persons interested, the county council may make an order for putting in force, as respects the said land or any part thereof, the provisions of the Lands Clauses Acts with respect to the pui'chase and taking of land otherwise than by agreement. (5) If the county council refuse to make any such order, the parish council, or, if the jiroceeding is taken on the petition of the district council, then the district council, may petition the Local Government Board, and that Board after local inquiry may, if they think proper, make the order, and this section shall apply as if the order had been made by the county council. Any order made under this sub-section overruling the decision of the county council shall be laid before Parlia- ment by the Local Government Board. (6) A copy of any order made under this section shall be served in the prescribed'Muanner, together with ;i statement that the order Avill become final and have the eifect of an Act of Parliament, unless within the I'lrescribed i>eriod*' a n\emorial liy some ])erson interested is i^resented to the Local Government Board jiraying that the order shall not become law withoiit fuiiher inquiry. (7) The order shall be deposited with the Local 92 56 & 57 VICT., c. 73. Sec. 9. Government Board, who shall inquire whether the provisions of this section and the prescribed^ regulations have been in all respects complied with ; and if the Board are satisfied that this has been done, then, after the prescribed period^ — (a) If no memorial has 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 : (o) 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. (8) Sections two hundred and ninety-thi-ee to two hundred and ninety-six, and sub-sections (1) and (2) of Section two hundred and ninety-seven of the Public Health Act, 1875, ^ shall apply to a local inquiry held by the Local Government Board for the purposes of this section, as if those sections and subsections were herein re-enacted, and in terms made applicable to such inquiry 12 .20. (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. (10) Any order made under this section for the purpose of the purchase of land otherwise than by agreement shall incorporate the Lands Clauses Acts and Sections seventy-seven to eighty-five of the Rail- 8 & 9 Vict., ways Clauses Consolidation Act, 1845, with the necessary adaptations, but any question of disputed compensation shall be dealt with in the manner provided by Section three of the Allotments Act, 1887,^ and provisoes (a), (&), and (c) of sub-section (4) of that section are incorporated with this section and shall apply accord- ingly : Provided that in determining the amount of disputed compensation, the arbitrator shall not make any additional allowance in respect of the purchase being compulsory. (11) At any inquiry or arbitration held under this section the person or persons holding the inquiry or LOCAL GOVKRNMKNT ACT, 1894. 93 arbitration shall hear any authorities or parties inter- Sec. 9. ested by themselves or their agents, and shall hear witnesses, but shall not, except in such cases as may be j)rescribed,'' hear counsel or expert witnesses. (12) The person or persons holding a public inquiry for the purposes of this section on behalf of a county council shall have the same powers as an inspector or inspectors of the Local Government Board when holding a local inquiry ;^ and Section two hundred and ninety- four of the Public Health Act, 1875,3 shall apply to the costs of inquiries held by the county council for the puii)Ose of this section as if the county council were substituted for the Local Government Board. (13) Sub- section (2) of Section two, if the land is 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 ^^^^^g^^^'*'- that Act, and Section thi-ee of the Allotments Act, 1890, sssc 54 vict., are incorporated with this section, and shall, with the '^' ^*" prescribed adaptations, apjjly accordingly.^ (14) Where the land is acquired otherAvise than for allotments, it shall be assured to the parish council ; and any land purchased by a county council for allot- ments under the Allotments Acts, 1887 and 1890,^ and this Act, or any of them, shall be assured to the parish council, and in that case Sections five to eight of the Allotments Act, 1887,^ shall apply as if the parish council were the sanitary authority. (15) Nothing in this section shall authorise the ', parish council to acquire otherwise than by agreement any land for the purpose of any supply of water, or of any right of way. (16) In this section the expression " allotments " includes common pasture where authorised to be acquired under the Allotments Act, 1887.^*^ (17) Where, under the Allotments Act, 1890,^ the Allotments Act, 1887, applies to the purchase of land by the county council, that Act shall apply as amended by this section, and the parish council shall have the like power of petitioning the county council as is given to six parliamentary electors by section two of the Allotments Act, 1890.^1 (18) This section shall apply to a county borough with the necessary modifications, and in particular with the modification that the order shall be both made and confirmed by the Local Govei-nment Board and shall be carried into effect by the council of the county borough. 94 56 & 57 VICT., c. 73. Sec. 9. (19) The expenses of a county council incurred under this section shall be defrayed in like manner as in the case of a local inquiry by a county council under this Act.i3 Lauds Clauses Acts. Allotments ; preliminary expenses. Compulsory acquisition of land. 1 The Lauds Clauses Act are 8 aud 9 Vict., c. IS; 23 aud 24 Vict., c. 106 ; 32 and 33 Vict., c. IS j 46 aud 47 Vict., c. 15. The effect of incorporating these Acts is without any other enactment to confer a right to compensation upon persons injuriously affected hy the taking of lands. Keg. v. St. Luke's, Chelsea, 7 L. R. Q. B., 14S ; 41 L. J. Q. E., 81 ; 25 L, T., 914 j 20 W. 11., 209. See also Simpson v. South Staffs Waterworks Co., 4 De G. J. and S., 679 ; 24 L. J. Ch., 3S0. See also Appendix, p. 496. - This excludes Sections 16 to 68 of the Lands Clauses Act, 1845. See Fen-ar v. Commissioners of Sewers, L. R. 4 Ex., 227 ; 38 L. J. Ex., 102 ; 21 L. T., 295 ; 17 W. R., 709. Baker v. St. Marylebone, 24 "W. R., 848 ; 35 L. T., 129. Dungey v. London, 38 L. J. C. P., 298; 20 L. T., 921 ; 17 W. R., 1106. Broadbent V. Imperial Gas Co., 7 De G. M. and G. ; 26 L. J. Ch., 276. 3 The sections of the Public Health Act, 1875, referred to in the above section will be found in the Appendix. '' The President of the Local Government Hoard stated in the House of Commons that it did not appear that the Act empowered a parish council to require applicants for allotments to sign an agreement to pay all the preliminary charges of valuation of land, &c., before the council applied for land for allotments ('Times,' 5th March, 1895). ^ " Prescribed " means prescribed by the Local Government Board. The regulations referred to are contained in the Board's Order of 22nd May, 1895, which is printed in the Appendix. ® The ))rescribed period is one calendar month from the date of making the Order. See Art. V of the Order of 22nd May, 1895. ^ It will be observed that a parish council cannot themselves acquire land compulsorily. If they fail to obtain it by agreement, they must secure the aid of the county council in order to get it compulsorily. If the county council refuse their order for acquiring the land, the parish council may appeal from their decision to the Local Government Board. Great care nmst be taken at each step to follow out minutely all the requirements of this section, aud of the regulations of the Local Government Board. \Vlien the order for compulsory acquisition has been made by the county council and confirmed by the Local Government Board (or if the county council refuse, then when the Local Government Board have themselves made the order) the order will be carried out by the county council, unless it is made on the petition of a district council, in which case the district council will have the carriage of it. Land acquired in this way for a parisli council will be conveyed to that council, who will then become the legal owners, ** The Allotments Acts, 1887 and 1890, are printed in the Appendix. The sections referred to in sub-section 13 are set out, with the prescribed adaptations, in the schedule to the Board's Order of 22nd May, 1895 : Appendix, p. 510. '■> See note to Section 72, post. As to the room in which such inquiry may be held see Section 4. LOCAL GOVERNMENT ACT, 1894. 95 '" As to common pasture see Seotiou 12 of the Alloiiiieiits Act, Note to 1887. Sec. 9. '1 The steps necessiiry to be taken in order to iiuliice a county L. G. H. council to take action under Section 9 are thus explained in a ""^""'- memoranduin issued by the Local (lovernnient Hoard with their Order of 22nd -May, ISKo : (a) On tlie petition of persons qualified, as mentioned in Section Allotments. 2 of the Allotments Act, 1890, or on the petition of the parish council : " Under Section 2 of the Allotments Act, 1887, on a representa- Petition of tion in writing to the district council of any urban or rural district electors, by any six parliamentary electors or ratepayers resident, in the case ot an urban district, in that district, and in the case of a rural district, in some parisli in that district, that the circumstances of the urban district or parish are such that it is the duty of the district council to take proceedings therein under that Act, the district council are to take such representation into consideration. " Where such a representation has been made, and any six per- sons qualitied to make tlie representation consider that the circum- stances of the district or parish are such as to make it the duty of the district council to take proceedings therein under the Allot- ments Act, 1887, and that the district council (not being the town council of a borough) have failed to acquire land adequate and suitable in quality and position to provide a sufficient number of allotments, these persons, under Section 2 (1) of the Allotments Act, 1890, may petition the county council, stating the tacts and requesting the county council to put into force the Act of 1887, for the purpose of providing a sufficient number of allotments for the district or parish. " Where a parish in a rural district has a parish council, that council may exercise the power of the six parliamentary electors in the matter of the preliminary representation ; but the power thus conferred upon the parish council is additional to and not in substitution for that of the (.'lectors ; and in the case of such a parish the further power of petitioning the count>y council is exer- cisable by the parish council as well as by the electors. " In an urban district, however, the representation and the petition can only come from the six registered parliamentary electors or ratepayers resident in the district. " But the representation to the district council is a condition precedent to the exercise of the power of petitioning, and the state- ment of facts which the petitioners are to make should include a reference to the prior representation as indicating a basis for the action of the petitioners. " For the proper investigation of matters arising upon such petitions the Allotments Act, 1890, provides for the ;ip])ointment by the county council of a standing committee. Annually, sit the meeting for the election of chairman, the county council are to appoint under the Local Government Act, 1888, a standing com- mittee not exceeding one fourth of the whole council. For business relating to any district or parish wholly or partly situate in an electoral division, the county councillor representing that division is, if not already appointed, to be an additional member of the committee. The petition is, as of course, and without any Older of the council, to be referred to the standing committee. The com- mittee, on being satistied of the bona Jides of the application, arc forthwith to cause a local inquiry into the circumstances to be made, and to report the result to the council. 96 Note to Sec 9. 56 & 57 VICT., C. 73. Petition of District Council. Compulsory acquisition. Hiring of land for allotmente. " When this report lias been received, it will rest with the county council to decide whether they will proceed further under the Allotments Act, 1890, or whether they will have recourse to the new procedure authorised by Section 9 of the Local Government Act, 1894. It may be added that (1) in a rural parish liaving a parish council, procedure with a view to an order under Section 9 of the Local Government Act, 1894, on the petition of parliamentary electors, or ratepayers, or of the parish council will not be avail- able unless it can be shown that there has been failure on the part of the district council to exercise their powers, and that land cannot be acquired on reasonable terms by voluntary agreement ; and that (2) in the case of a rural parish not having a parish council, the procedure will not be applicable unless the parish meeting has under Section 19 of that Act been invested with the powers in this particular of the parish council. For without a parish council or a meeting invested with its powers there will be nobody to whom the land acquired by the county council can be assured under Sub- section 14 of Section 9 of the Ijocal Government Act, 1894." (fi) On the petition of the district council : " The occasion for resorting to the procedure which Section 9 of the Local Government Act, 1894, authorises, may arise at a stage in proceedings under the Allotments Act, 1887, at which the dis- trict council are met by the difficulty that suitable land sufficient for allotments for their district or any parish in their district cannot be acquii-ed by them by hiring or purchase by agreement at a reasonable price or rent, and subject to reasonable conditions. " At this stage the district council, under Section 3 (2) of the Allotments Act, 1887, may petition the county council. On the receipt of such a petition it will be referred for investigation and report to the standing committee appointed by the county council under Section 3 of the Allotments Act, 1890. "Assuming that on the report of the standing committee the county council consider that the case is one in which they should proceed under Section 9 of the Local Government Act, 1894, it will be incumbent upon them in taking the various steps indicated in that enactment to observe the requirements of Articles I — IV of the Order. Articles V and VI also apply to cases in which district councils are concerned." The orders will be found in the Appendix, p. 492. 12 As to expenses of inquiries held by the Local Government Board see Section 72. 1^ As to the expenses of local inquiry by a county council see Section 72 (4). 10. (1) The parish council shall have power to hire land for allotments,' and if they are satisfied that allot- ments are required, and are unable to hire by agreement on reasonable terms suitable land for allotments, they shall represent the case to the county council, and the county council may make an order authorising the parish council to hire comjiulsorily 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 speci- fied in the order, and the order shall, as respects confirmation and otherwise, be subject to the like LOCAL GOVERNMENT ACT, 189-1. 97 provisions as if it were an order of the county council Sec. 10. made under the last preceding section of this Act, and that section shall apply as if it were herein re-euacted with the substitution of " hiring? " for " purchase " and Avith the other necessary modifications.^ (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- la) as to the terms and conditions of the hiring ; or (6) as to the amount of compensation for severance : or (c) as to the compensation to any tenant upon the determination of his tenancy ; or (d) as to the apportionment of the rent between the land taken by the parish council and the land not taken from the tenant ; or (e) as to any other matter incidental to the hiring of the hind by the council, or the surrender thereof at the end of their tenancy ; but the arbitrator in tixing the rent shall not make any addition in respect of compulsory hiring. (3) Tlie arbitrator, in fixing rent or other com- pensation, shall take into consideration all the circum- stances connected with the land, and the use to which it might otherwise be put by the owner during the term of hiring, aud any depreciation of the value to the ■ tenant of the residue of his holding caused by the withdrawal from the holding of the land hired by the parish council. (4) Any compensation awarded to a tenant in respect of any depreciation of the value to him of the residue of his holding caused by the withdrawal from the holding of the laud hired by the parish council shall as far as possible be provided for by taking such com- pensation into account in fixing, as the case may require, the rent to be paid by the parish council for the laud hired by them, and the apportioned rent, if any, to be paid by the tenant for that portion of the holding which is not hired by the parish council. (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 de- posited and preserved with the public books, writings, and papers of the parish, » aud 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. 7 98 56 & 57 VICT., C. 73. Sec, 10. (6) Save as hei*einafter mentioned, Sections five to eight of the Allotments Act, 1887,* shall apply to any allotment hired by a parish council in like manner as if that council were the sanitary authority and also the allotment managers : Provided that the parish council — (a) may let to one person an allotment or allotments exceeding one acre, but, if the land is hired compulsorily, not exceeding in the whole four acres of j^asture or one acre of arable and three acres of pasture ; and (h) 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 landlords.** (7) On the determination of any tenancy created by compiatsory hiring a single arbitrator who shall be appointed in accordance with the provisions of Section three of the Allotments Act, 1887,* shall have power to determine as to the amount due by the landlord for compensation for improvements, or by the parish council for depreciation, but such compensation shall be assessed in accordance with the provisions of the 46 & 47 Vict,, Ag,.jc„itural Holdings (England) Act, 1883.7 (8) The order for compulsory hiring may apply, with the prescribed adaptations, such of the j>rovisions of the Lands Clauses Acts (including those relating to the acquisition of land othei-wise 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.^ (9) Nothing in this section shall authorise the com- pulsory hiring of any mines or minerals,^ or confer any right to take, sell, or carry away any gravel, sand, or clay, or authorise the hiring of any laud which is already owned or occupied as a small holding^'' within tjie c. 31. "^'■' meaning of the Small Holdings Act, 1892. (10) If the land hired under this section shall at any time during the tenancy thereof by the j^arish council be shown to the satisfaction of the county council to be required by the landlord for the purpose of working and getting the mines, minerals,^ or surface minerals thereunder, or for any road or work to be used in connexion with such working or getting, it shall be lawful for the landlord of such laud to resume possession thereof upon giving to the parish LOCAL GOVKKNMKNT ACT, 1894. 99 council twelve calendar months previous notice in Sec. 10. writing of his intention so to do, and upon such resumption the landlord shall pa}' to the parish council and to the allotment holders of the land for the time being .such sum by way of compensation for the loss of such land for the purposes of allotments as may be agreed upon by the landlord and the pari.sh council, or in default of such agreement as may be awarded by a single arbitrator to be appointed in accordance with the pro- visions of Section three of the Allotments Act, 1887,* and the provisions of that section shall apply to such arbitrator. The word "landlord " in this subsection means the person for the time being entitled to receive the rent of the land hired by the parish council. (11) The Local Government Board shall annually lay before Parliament a report of any proceedings under this and the preceding section. 1 The President of the Local Government Board stated iu the o„iy f^^ House of Commons that it did not appeai- to liim that the fact of labouring an applic;int lor an allotment under the Local Government Act, c'^^s. 189i, being a freeholder, would in itself preclude his application from beinir entertained. He had been advised, however, that a parish council could only hire land for allotments for the benefit of persons of the labouring population (' Times,' 5th April, 1895). ' Note that it is not necessary for the hired land to be in the parish ; it may be either " in or near " the parish. 3 Where a parish council wishing to hire land are unable to iii°u,^"onand. obtain it by agreement, they must, if they desire to hire it com- pulsorily, obtain the aid of the county council, and the county council and the Local Government Board must take precisely the same action as is laid down in the last section in regard to acquiring land compulsorily. The Local Government Board, on the 20th May, 1895, issued an order containing regulations and adaptations under Section 10 relating to procedure, for the compulsory hiring of land for allotments. L G B The following extracts are taken from a memorandum on the niemo- subject issued by the Board with the order referred to : randum. " As to hiring by asrreement, the parish council may wish to Hiring laud, negotiate for the acquisition of land held by persons entitled as tenants for life, or otherwise as limited owners, or subject to any disability or incapacity which would not attach to an absolute owner in fee simple, and provision has been made for meeting these cases by an enlargement of the powers of owners in this respect. The prescribed adaptation of Section 3 (7) of the Allotments Act, 1887, provides that for the purpose of the hiring of land by a parisli council for allotments in pursuance of Section 10 of the Loc.nl Government Act, 189-i, any person or body of persons or body corporate authorised to sell land to the Sanitary Authority for the purposes of tlie Allotments Act, 1887, may, without prejudice to any other power of leasing, lease land to the parish council without any fine or premium for a term not exceeding 35 years. " The effect of this adaptation is that the persons enabled to sell 100 56 & 57 VICT., c. 73. Note to Sec. 10. Compulsory liiriDg. Compensa- tioD. Minerals. land by virtue of the Lands Clauses Acts as incorporated with Section 3 ( 1) of the Allotments Act, 1887, are empowered to lease, and their powers, where these under the general law would be more restricted, are enlarged so as to give them authority to grant a lease for a term not exceeding 35 years. " But if the jiarish council are unable to hire by agreement on reasonable terms suitable land for allotments, it will be requisite for the council, if they desire to carry the mutter further, to invoke the aid of the county council. " To bring the matter before the county council a representation by the parish council will be necessary. "This representation should state fully the circumstances on which tlie parish council rely to show that they are unable to hire suitable land by agreement on reasonable terms. The representa- tion, in pursuance of the prescribed adaptation of Section 3 (3) of the Allotments Act, 1890, will, as of course, and without any order of the county council, be referred to the standing committee of the county council appointed under the last-mentioned Act. It will be incumbent upon the standing committee to inquire forthwith into the representation, and to report the result to the county council. " Upon this inquiry and report the county council will be in a position to form an opinion as to whether any further action by them will be requisite or expedient. "If the county council are satisfied that suitable land for allot- ments cannot be hired by the parish council by agreement on reasonable terms, and that the circumstances are such as to justify the county council in proceeding under Section 10, with a view to the making of an order authorising the parish council to hire land compulsorily, it wiW then be the duty of the county council, in the subsequent steps of their procedure, to follow the regulations pre- scribed by the Order of the Board." The orders will be found in the Appendix, p. 492. ■• The Allotments Acts, 1887 and 1890, are set out in the Appendix. Certain modifications of the Acts are contained in the Allotment Orders issued by the Local Government Board, dated the 20th, 22nd, and 23rd May, 1895 {see Appendix, p. 492). ^ As to place of deposit of the parish documents see Section 17 (7). ® As to the meaning of "landlord" see the second paragraph of Sub-section (10) of this section. 7 The provisions of the Agricultural Holdings Act, 1883, which relate to the assessment of compensation are set out in the Appendix. Claim for compensation by atenant under the Agricultural Holdings Act, 1883, if disputed, must be referred to arbitration only, and cainiot form the subject matter of a counter-claim in an action for rent brought by the landlord in the Higli Coiu't. (Gas- light and Coke Company v. Holloway, 52 L. T., 434 ; 49 J. P., 344.) * The Local Government lioard, on the 21st May, 1895, issued an order adapting certain sections of the Lands Clauses Acts to com- pulsory hiring of land by parish councils (see Appendix, p. 495). 5 Minerals prima facie include not merely such articles as coal and ironstone and freestone, but fire-clay and china-clay or porcelain clay, and also every kind of stone. Hint, marble, slate, brick earth, chalk, gravel, and sand, provided only that these articles are under the surface, and do not lie loosely upon it. And in this respect it is immaterial that the article in question is usually worked, or can only be nrofitably worked, by open quarrying. Coprolites also have LOCAL GOVERNMENT ACT, 1894. 101 been held to be minerals {see MacSwinney on Mines, p. 12, and Note to authorities there cited). Sec. 10. 1" The expression " small holding " for the purposes of the Small Small Holdings Act, 1892, means hind accjuired by a council under liolding. the powers and tor the purposes of that Act, and which exceeds one acre, and either does not exceed fifty acres, or, if exceeding fifty acres, is of an annual value for the purposes of the income tax, not exceeding £5U. 11. (1) A parish council shall not, without the con- RestricUous sent of a parish meeting, incur expenses or liabilities tuj"'*^° '' which Avill involve a rate exceeding threepence in the pound ^ for any local financial year, or which will involve a loan." (2) A parish council shall not, without the approval of the county council, incur any expense or liability which will involve a loan.- (3) The sum raised in any local financial year by a 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. (4) Subject to the jix-ovisious of this Act, the ex- penses ^ of a parish council and of a parish meeting, including the expenses of any poll, shall be j^aid out of the poor rate ; and where there is a parish council that council shall pay the said expenses of the parish meet- ing of the parish ; 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 jiurpose of obtaining contribu- tions to their common fund.^ (5) The demand note for any rate levied for defray- ing the expenses of a parish council or a parish meeting, together with other expenses, shall state in the pre- scribed^ form the proportion of the rate levied for the expenses of the council or meeting, and the propoilion (if any) levied for the purpose of any of the adoptive Acts. 1 Tliis appears to mean that a parish council may incur expenses Rate. involvinary only when works of a. general scheme of sewerage or water-supply is contemplated for water-aupplv '^^ contributory place, or at any rate for a considerable part of it. ' When it is proposed merely to construct {e.g.) a short drain, notice need not be given. The object of giving notice to the parish council of the parish affected is not specified, and, as the law stands, the parish council are not entitled to any voice in actually deciding whether of not the proposed works of sewerage or water supply shall be carried out. The responsibilitj' of deciding still remains with the rural district council. But as the expenses of such works are usually defrayed by means of a loan, and as a public inquiry by an officer of the Local Government Board is usually held in the locality affected before sanction is given to the borrowing, the parish council may properly appear at the inquiry and make any repre- sentations they may think fit respecting the proposed works. Such representations could not fail to be carefully considered, and the provision that notice is to be given to the parish council before a contract for the works is entered into will give them an oppor- tunity of fully investigating the matter before the inquiry is held. As to the works which may be carried out by a parish council under delegated powers see Section 15. Parish oflicers and parish documents. 17. (1) A parish council may appoint one of their number i to act as clerk of the council without remuneration. (2) If no member of the parish council is ai^pointed 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 perfoi'mance of bis duties as such shall be taken into account in determining his salary. (3) If there is no assistant overseer, the parish council may appoint a collector of poor rates,^ or some other fit person, 1 to be their clerk, with such remunera- tion as they may think fit. (4) A parish council shall not appoint to the ofiice of vestry clerk, (5) When a parish council act as a parochial com- mittee by delegation* from the district council they LOCAL GOVERNMENT ACT, 1894. 117 shall have the services of the clerk of the district Sec. 17. council, unless tlie district council otherwise direct. (6) The ])arish council may ai)point one of their own number' or some other person to act as treasurei-' ■without remuneration, and the treasurer shall give such security as may he required by regulations'' of the county council. (7) All documents required by statute" or by stand- ing 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 Avith respect to the inspection of,^ and taking copies of, and extracts from, any such documents shall apjily as if the clerk, or chairman, as the case mav be, were mentioned therein. (8) The ' custody^ of the registers of baptisms, marriages, and bni^als, and of all other books and. documents containing entries wholly or partly relating to the affairs of the Churchi^ or to ecclesiastical charities,i° except documents directed by law to be kept with the public books, writings, and papers of the parish, shall remain as provided by the existing law unaffected by this Act. All other public books, writings, and papers of the parish, and all documents directed by law to be kept therewith, shall either remain in their existing custody, or be deposited in such custody as the parish council may direct. The incumbent and churchwardens on the one part, and the parish council on the other, shall have reasonable access to all such books, docu- ments, writings, and papers, as are referred to in this sub-section, and any difference as to custody or access shall be determined by the county council. (9) Every county council shall from time to time inquire into the manner in Avhich the public books, writings, papers, and documents under the control of the parish council or parish meeting are kept with a view to the proper preservation thereof, and shall make such orders as they think necessary for such preserva- tion, and those orders shall be complied with by the parish council or parish meeting. 1 If the clerk and treasurer are lueuibers of the parish council. Term of they cease to hold office when their term of office as parish conn- ojlice of cillors ceases. If they are appointed by the parish .ouncil from [^^^j^f^r. outside their own body, their period of office depends on the terms of their appointment. (Statement of President of Local Govern- ment Hoard in House of Commons, ' Times,' 30th April, 1895.) " As to the appointment of assistant overseer see Section 5 (1). His salary is payable out of the poor rate. The amount of his 118 Note to Sec. 17. Treasurer's liability. Security by treiisurer. Deposit of documents. 56 & 57 VICT., c. 73. salary will be settled by the parish council. If, however, there is an existing vestry clerk appointed under the Vestries Act, 1850, he and not an assistant overseer or other person will be clerk of the parish council (Section 81 [2]). 3 Collectors of poor rates are officers of boards of guardians. * See Section 15 as to delegation to a parochial committee. * Treasurer of board of guardians kept the account at a bank which failed : Held that the treasurer was not liable to make good the loss. Colchester (guardians) v. Moy (1893), 68 L. T. 564; 57 J. P. 265; 9T. L.R. 280. ^ The Local Government Board have suggested that the regula- tions should require such security to be given by the treasurers of parish councils as will be sufficient to cover the amount likely to be in their hands belonging to the parish councils at any one time. (Local Government Board circular to county councils, 24th March, 1894.) 7 E. g. under Sections 9 and 20, Waterworks Clauses Act, 1847, copies of maps, plans, &c., have to be deposited with the parish clerks of the several parishes in England. ^ By 13 and 14 Vict., c. 57, s. 7, it was part of the duty of the vestry clerk " to keep the vestry books and the parish deeds and documents, and the rate books and accounts which are closed, and to give copies of and extracts from the same to any person entitled thereto,* such person paying for the same at the rate of tburpence for every seventy-two words or figures, and to permit any person or persons rated to the relief of the poor of the said parish, at all reasonable times to inspect the same or any of them, on pain of dismissal for neglecting to give such copies, or permit such in- spection." ' 52 Geo. Ill, c. 146, s. 5, provided that parish and other registers of births, baptisms, marriages, and burials were to be kept in custody of the rector, vicar, or other officiating minister of each parish " in a dry well-painted iron chest, to be provided and repaired as occasion may require at the expense of the parish." 58 Geo. Ill, c. 69, s. 2, required the churchwardens and overseers to provide minute books for the vestry proceedings, and Section 6 empowered the vestry to declare in whose custody should be kept various parish books and documents there specified. 24 and 25 Vict., c. 125, s. 2, enabled the overseers of any parish, with the consent of the vestry, to provide proper de- positories of all the documents, books, and papers belonging to the parish for which no provision is otherwisef made by law, and charge the same upon the poor rate. In Reg. V. Eaton, 10 .lur., 222, it was held that the parish chest was the proper place of custody for the rate books. 1" See Section 75 for definition of these expressions (pp. 227 and 226). " By 6 and 7 Wm. IV, cap. 71, sec. 64, "two copies of every confirmed instrument of apportionment, and of every confirmed agreement for giving land instead of any tithes or rent-charge, shall be made and sealed with the seal of the said commissioners " {i.e. tithe commissioners) ; "and one such copy shall be deposited in the registry of the diocese within which the parish is situated, * Such as inhabitants or parishioners, cf. 17 Geo. II, c. 3, s. 2. t E.g. the (public) registers of births, deaths, and marriages. These are kept by the superintendent registrars (6 and 7 Wm. IV, c. 86, s. 9). LOCAL COVKRNMENT ACT, 1894. 119 to be there kejit amoiifj^ tlie records of the said rcf^istry, aud the Note to other copy shall be deposited with the ineiiinbent and church or Sec. 17. chapel wardens of tlie parish for the time beinj^, or such other fit persons as the eoinniissioners shall approve, lo be kept by them and their successors in office with the public books, writiugfs, and papers of the parish, and all persons interested therein may have access to and be furnished with copies of or extracts from any such copy, on giving' reasonable notice to the person having custody of the same, and on jiaynieiit of two shillings and sixpence for such in- spection, and after the rate of threepence for every 72 words con- tained in such copy or extract; and every recital or statement in or map or plan annexed to such confirmed api)ortiouiiient or agree- ment for giving land, or any sealed cnjiy thereof, shall be deemed satisl'actory evideuct' of the matters therein recited or stated, or of the accuracy of such plan." The above documents will now be deposited in such custody as the j)arish council may direct; aud until they direct otherwise the documents will remain in the custody of the persons who had them at the passing of the Act of 1894. 18. (1) A county council may, on application by ^"j]* the parish council, or not less than one tenth of the parochial electors^ of a parish, aud 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 desiral»le for any reason that certaiu })arts of the parish should be separately repi-esented on the coimcil, order that the parish l)e 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. (2) In the division of a parish into wards regard shall be had to the jiopulation according to the last pub- lished census for tlae time being, and to the evidence of any considerable change of population since that census, and to area, and to the distribution and pursuits of the population, and to all the circumstances of the case. (8) Any such order may be revoked or varied by the county council on application by either the council or not less than one tenth of the parochial electors^ of the parish, but while in force shall have effect as if enacted by this Act. (4) In a parish divided into parish wards there shall be a separate election of parish councillors for each ward.- ^ For definition of " parochial electors" see Section 4-i and note; also Section 75 (2). - For provisions relating to election of parish councillors see Section 3. As to parish meetings for parts of parishes see Section 49. A separate parish meeting must be convened for each ward. 120 56 & 57 VICT., c. 73. Note to and the proceedings at such meeting will be the same as at a Sec. 18. parish meeting of a parish not divided into wards. The President of the Local Government Board stated in the House of Commons that separate parish meetings in wards are only held for the election of parish councillors ('Times,' 21st March, 1895). U)'sman"*"^ 19. In a rural parish not having a separate parish parishes. council,^ the following provisions shall, as from the appointed day,- but subject to provisions made by a grouping order,^ if the parish is grouped with some other parish or 2>arishes,i have effect : (1) At the annual assembly"^ the parish meeting shall choose a chairman^ for the year ; (2) The parish meeting shall assemble not less than twice in each year ; (3) The parish meeting may appoint a committee of their own number for any purposes Avhich, in the opinion of the parish meeting, would be better regulated and managed by means of such a committee, and all the acts of the committee shall be submitted to the parish meeting for their a232)roval : (4) All powers, duties, and liabilities of the vestry^ shall, except so far as they relate to the affairs of the Church^ or to ecclesiastical charities,^ or are transferred by this Act to any other authority, be transferred to the parish meeting ; (5) The power and the duty of appointing the over- seers,^ and of notifying the appointment, and the power of appointing and revoking the appointment of an assistant overseer, shall be transferred to and vest in the parish meeting, and the power given by tbis Act to a j^arish council of appointing trustees of a charity" in the place of overseers or churchwardens, shall vest in the parish meeting ; (6) The chairman of the parish meeting and the overseers 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 pur))0ses 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 seaP° is required under the hands and seals, of the said chairman and overseers ; (7) The legal interest in all property which under this Act would, if there were a parish council, be vested on the appointed day^ in the parish council shall vest in the said ])ody corporate of the chairman and overseers of the parish, subiect to all trusts and liabilities affecting LOCAL (lOVEHNMENT ACT, 1894. 121 the same, and all ])ersuns eonceriifd shall make or Sec. 19. concur in making' svxch tian.sl"ers (if any) as are requisite to give eft'ect to this enactment ; (8) The provisions of this Act with respect to the stopping or diversion of a public right of way,^^ or the declaring of a highway to be unnecessary and not repairaltle at the public expense, and Avith 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 ])arish council ; (9) A rate levied for defraying the expenses^^ of the parish meeting (when added to expenses under any of the adoptive Acts^'^) shall not exceed sixpence in the pound in any local financial year ; (10) On the application of the [)arish meeting the county council may confer on that meeting any of the powers conferred on a i)arisli council by this Act ;'■'' (11) Any act of the parish meeting may be signified by an instrument executed at the meeting under the hands, or, if an instrument under seaP^ is required under the hands and seals, of the chairman presiding at the meeting and two other parochial electors'" present at the meeting. * The parishes haviug a separate council are indicated in Section 1, whicli also shows the conditions under which parishes may be grouped. ^ As to appointed day see Section 84 (4). ^ The requisite provisions of a grouping order are indicated in Section 38. '' The annual assembly of the parish meeting must be held on some day between 1st March and 1st Ajn-il, both inclusive, in each year (Local Government Act, 1897, Sec. 2). 5 As to the qualification of the chairman see Section 3 (8). As by Section 2 (1) none but parochial electors are entitled to be pre- sent at parish meetings, it follows that the chairman of the parish meeting must be a parochial elector. * See Sections 6 to 8. ^ For definition of these words see Section 75. * See Section 5 as to appointment of overseers by parish councils. The following order, dated f)th Feb., 1895, has been issued by the Local Government Board : " Auricu: I. — 'J'he appointment of overseers of the poor of the Appointment parish made at the annual assembly of any parish meeting shall of overseers be notified to the Hoard of Guardians of the Poor Law Union in ^>' P»"s'> which such parish is comprised in the Form A in the schedule to ""^'^*'"SS- this order, or in a form to the like effect. "Article II. — Whenever any parish meeting appoint an over- l g u seer of the poor of the parisli in consequence ot a ciisual vacancy order, having occurred in the office, the appointment shall be notified to ?gu.^'''' the Board of Guardians of the Poor Law Union in which such parisli is comprised in the Form B in the schedule to this order, or in a form to the like efi'ect. 122 56 Sc 57 VICT., c. 73. Note to Sec. 19. *State here " death " or other cause of the vacancy. " Article III. — If any parish meeting shall appoint an addi- tional number of overseers of the poor of the parish to replace the churchwardens, the appointment shall be notified to the Board of Guardians of the Poor Law Union in which such parish is com- prised in the Form C in the schedule to this order, or in a Form to the like efPect. "SCHEDULE. " FOEM A. " Parish of , in the county of " To the Board of Guardians of the Union. " Appointment of Oveeseees. "We, the undersigned, hereby give notice that at the annual assembly of the parish meeting of the above-named parish held on the day of , 189 , A. B., of and C. D., of , were duly appointed to the office of over- seers of the poor of the parish for the ensuing year. Presiding Chairman. "I Two Parochial I Electors. « FOEM B. " Parish of , in the county of "To the Board of Gu:irdians of the Union. " Appointment of Oveeseee to fill a Casual Vacancy. " Whereas a vacancy in the office of overseer of the poor of the above-named parish has occurred by reason of the* of A. B., of " Now therefore we, the undersigned, hereby give notice that at the assembly of the parish meeting of the above-named parish held on the day of , 189 , C. D., of was duly appointed to the office of overseer of the poor of the parish for the remainder of the term of office of the said A. B. Presiding Chairman. 1 Two Parochial J Electors. " E'OEM C. " Parish of , in the county of " To the Board of Guardians of the Union. " Appointment of Oveeseees to eeplace Chuechwaedens. " Whereas A. B. and C. D., churchwardens of the above-named parish, have ceased to be overseers of the poor thereof: "Now therefore we, the undersigned, hereby give notice that at tlie assembly of the parish meeting of the above-named parish held on the day of , 189 , £■. F.. of and (?. H.., of , were duly appointed to the office of over- seers of the poor of the parish, to replace the said A. B. aud C. D. Presiding Chairman. }Two Parochial Electois. LOCAL (!(iVt;i;N"MKNT ACT, 1S<)4. 123 "Memoraiuhim as to the appoiiitnuMit of overseers by parish Note to meetings under the Local Government Act, 1894, in rural Sec. 19. parishes not havine parish councils. L. G. 11. "^ memo- "1. Sub-section (1) of Section 5 of the Local Government Act, randum on 1894, provides that tlie power and duty of api)ointinf,' overseers of ^{^'oyg^Mew* the poor for every rural parish havini^ a jjarish council shall be by parisli transferred to, and vested in, tin- parish council. The sub-section meetings.^ directs that the paiish council shall in each year, at their annual meeting, appoint the overseers of the parish, and that they shall, as soon as may be, till any casual vacancy occurring in the office of overseer. They are re(iuircd, in either case, forthwith to give written notice of the appointment to the Board of Guardians in a form prescribed by the Hoard. "2. Sub-section (5) of Section 19 of the Act directs that the power and the duty of appointing the overseers, and of notifying the appointment, shall l)e transferred to, and vested in, the parish meeting of any rural paiish not having a separate parish council. Forms for notifs ing to the guardians the api)oiutiuents of overseers have been prescribed by the Board by an order dated the 9th instant (see ahove). "3. It is important that the appointment of any overseer, either Notice to at the annual assembly of the parish meeting or to fill a vacancy, jjuardians. should be forthwith notified to the guardians, as Section 50 of the Act provides that, if notice in the prescribed form is not received by the guardians within three weeks after the IT^th of April, or after the occurrence of a vacancy, as the case may be, the guardians shall make the aj)pointment or till the vacancy. Kven if an appointment had in fact been made liy the parish meeting, it might thus be set aside, unless the requisite notice had been given, for the section provides that any overseer appointed by the guar- dians shall supersede any overseer previously appointed, whose appointment has not been notified. In order that it maybe shown, if necessary, that the appointments of tlie overseers wei'c duly notified to the guardians, it is desirable that the notification should be sent to the guardians in duplicate, and that the clerk to the guardians should be requested to state on one of the duplicates the date of its receipt, and to return it to the chairman of the parish meeting. "4. Under sub-section (2) of Section 5 of the Act, the church- Replacing wardens of everv rural parish have now ceased to be overseers, and '^''"'i'''' ,,..,', ,: , • . , ^ 11 "arueus. an additional number or overseers may be appointed to replace the churchwardens. The order mentioneil in paragraph 2 prescribes a form in which appointments made under this power are to be noti- fied to the guardians. "5 [Temporary provisions only.] "6. .\s regards the number of persons to be appointed as over- Number of seers at the annual assembly, it would seem desirable that, under overseers, ordinary circumstances, the number should be the same as hereto- fore, unless the parish meeting should think tit to replace the churchwardens by additional overseers. In any case the number to be a))pointed cannot exceed four, together with the number of churchwardens who were tbrnierly e.r ofpcio overseers. Nor can the luiuiber be less than two, unless two cannot be conveniently appointed from the inhabitant householders of the parish. It would probably not generally be found convenient to appoint more than four overseers tor a rural parish. 124 56 & 57 VICT., c. 73. Note to Sec. 19. QuHlifica- tions. Non- resident overseer. Disqualifica- tions. How appointment is made. " 7. The ordinary qualification for office of ovevseer is being a substantial houselioldor of tlie parish. Hut the parish meeting may appoint a person who is not a householder of the parish as overseer if he is assessed to the poor rate of the parish, and is a householder resident within two miles from the cliurch or chapel of the parish, or where there is no church or chapel resident within one mile from the boundary of tlie parish. A person who is not a house- holder in the parisli cannot, however, be compelled to serve as over- seer without his consent. "8. If it appears to the parish meeting that there is no house- holder in tiie parish liable or fit to be appointed overseer, they must appoint some inhabitant householder of an adjoining parish who is willing to serve. In such a case they may make the appointment either with or without salary, but, except in this case, no remune- ration can be awarded to any person for acting as overseer. "9. A I'elieving office)', master of a workliouse.or assistant over- seer, cannot be appointed as overseer, nor can a person be appointed whe, at the time of tlie proposed appointment, is engaged, or directly or indirectly concerned, in any contract for the supply of goods or provisions for the workhouse or for the relief of the poor in the parish or in the union in which the parish is comprised. A person who has been adjudged bankrupt is disqualified for being elected or holding the office of overseer until the adjudication of bankruptcy against him is annulled, or he obtains his dischai'ge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part. Moreover a person who has been convicted of felony, fraud, or perjury, is not eligible for the office. " 10. The appointment of the overseers should be made by a re- solution of the parish meeting duly entered on their minutes. It would be convenient that the parish meeting should formally appoint the overseers by an instrument executed at the meeting at which they are appointed under the hands of the chairman pre- siding at the meeting and two parocliial electors. This instrument might be in the following form : " Parish of , in the county of " Appointment of Overskers. " At the annual assembly of the parish meeting of the above- named parish held on the day of 189 , A. '£. of and C D. of were duly appointed overseers of the poor of the parish for the ensuing year. Presiding Chairman. "1 Two Parochial J Electors. "An appointment in this or some similar form should be sent to each of the persons appointed. Hence, as many of these instru- ments must be made out and signed as there are pei'sons appointed. " If the appointment is made to fill a casual vacancy, the form should be adapted accordingly. "11. No appointment by Justices is now required. ■"Local Government Hoard, February, 1895." ' See Section 14 as to appointment of trustees of a charity. 1° See note to Section 3 (9) as to the use of a seal by corporate bodies. 11 See Section 13 as to rights of way, &c. LOCAL (;ovki;nmknt act, 1S94. 125 I* See Section 16 as to complaint of default. Note to 1* It would seem that the chiurnian of the parish meeting, upon Sec. 19. whom may devolve many matters connected with the meetinsT, Chairman's is entitled to be reimbmsed reasonable expenses incurred by him iu '^*^I'«=n5'^8. reference to such meetings. '* See Section 7 as to adoptive Acts. '* Mr. Shaw Lefcvre has stated that it appears to the Local Exercise of Government Hoard that any powers of a parish council conferred jj"";*" '^ on the parish meeting under Section 19 (10) must be exercised by nieeting. the parish meeting subject to the rules in Part 1 of Schedule I to the Act, and that consequently a poll may be demanded on any question to be decided by the meeting in the exercise of such power (House of Commons, 28th Feb., 1895). 1* For definition of parochial electors see Sections 3, 44, and note; also Section 75 (2). PART II. PA'^Tii- Guardians and District Councils. 20. As from the appointed day ^ the following pro- Election and , n 1 , 1 T J? ' T quauncation Visions shall apply to boards oi guardians: — of guardians. (1) There shall be no ex o;§icio or nominated - guardians : (2) A person shall not be qualified to be elected or to be a guardian for a poor law union unless he is a parochial elector'^ of some parish within the union, or has during the whole of the twelve months preceding the election^ resided in the union, or in the case of a guardian for a parish Avholly or partly situate within the area of a borough, whether a county borough or not, is qualified to be elected a councillor^ for that borough, and no person shall be disqualified by sex or marriage for being elected or being a guardian. So much of any enactment, whether in a public general or local and personal Act," as relates to the qualification of a guardian shall be repealed : (3) The parochial electors^ of a parish shall be the electors of the guardians for the parish," and, if the parish is divided into wards*^ for the election of guardians, the electors of the guardians for each ward shall be such of the parochial electors'^ as are registered in respect of qualifications within the ward : (4) Each elector may give one vote and no more^ for each of any number of persons not exceeding the number to be elected : (5) The election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act bv the Local Government Board i^*' 126 56 & 57 VICT., c. 73. Sec. 20. (6) The term of office of a guai'dian shall be three years, and one-third, as nearly as may l»e,^^ 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 application of the board of guardians of any union in their county consider that it would be expedient to provide for the simultaneous retirement of the whole of the board of guardians for the union, they may direct that the members of the board of guardians for that union shall retire together on the fifteenth day of April in every third year, and such order shall have full effect, and where a union is in more than one county, an order maybe made by a joint committee^^of ^i^q councils of those counties ; (6) Where at the p)assing of this Act the whole of the guardians of any union, in pursuance of an order of the Local Grovernmeut Board, retire together at the end of every third year,^^ they shall continue so to retire, unless the county council, or a joint committee^^ of the county councils, on the application of the board of guardians or of any district council of a disti'ict wholly or partially Avithin the union, otherwise direct : (7) A board of guardians may elect a chairman '^ or vice-chairman, or both, and not more than two other persons, from outside their own body, but from persons qualified to be guardians of the union,^* and any person so elected shall be an additional guardian and member of the board. Provided that on the first election, if a sufficient number of persons who have been ex officio or , nominated ^ guardians of the union, and have actually served as such, are willing to serve, the additional members shall be elected from among those persons. [The i)rovisions of this setttioii are !ipplieursuance of this or any other Act, be as from the appointed day^ a rural distriet ; Provided that where the number of councillors of any such district will be less than five, the provisions, • so far as unrepealed, ^'^ of Section nine of the Public Health Act, 1875,^'^ with respect to the nomination of persons to make up the members of a rural authority to five, shall apply, unless the Local Grovernment Board by order direct that the affairs of the district shall be temporarily administered by the district coun- cil of an adjoining district in another county with which it was united before the appointed day ,7 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 exj^enses in respect of the district, and the same shall be credited or charged separately to the district. (6) The said provisions of Section nine^" of the Public Health Act, 1875, shall apply to the district council of a rural district to which they apply at the passing of this Act. (7) Every district council for a rural district shall be a body corporate by the name of the district council, with the addition of the name of the district, or if there is any doubt as to the latter name,^i of such name as the county council direct, and shall have per- petual succession and a common seal,i2 and may hold land for the purposes of their powers and duties without licence in mortmain. Cliairman. Number of guardians. Election of guardians. ^ As to the chairman of a district council see Section 22 and note, Section 40, Section 59, and the rules of the Local Government Board. By Section 59 (1) the chairman of a rural district council may be elected from outside the councillors, and the rules in Schedule 1, Public Health Act, 1875 (so far as un- repealed, see Appendix, p. 437>, apply to his election. For mode of (juestioning the election of a chairman see Keg. v. Reynolds, 'Times,' 12th May, 189G, and 23rd February, 1897. - As to areas, other than parishes, which may elect guardians, see Section 20 (3). •* The number of guai-dians to be elected in every union is fixed, under Section 38 of 4 and 5 Wm. IV, c. 76, by the Local Govern- ment Board, to whom the fimctions of the Poor Law Commissioners and Poor Law Board were transferred in 1871; ■* Where the area of a poor law union comprises within it the whole or part of one or more urban districts and the whole or part LOCAL govp:rnmknt act, 1894. 133 of one or more rural districts, guardians, as such, will be elected for Note to the urban districts, but the rural district councillors will, without Sec. 24. further election, be the guardians for the rural districts. 5 Election, term of office, and retirement of guardians, see Section 20 (5) and (6). As to their ([ualification see Section 20 (2) and Sectiou 46. * As to the qualification of the chairman of the board of guardians see Section 20 (7) and Section 46. I See Section 84 (4). * For definition of " administrative county," see note to Section 75. 9 The provisions of this sub-section (5) were to come into opera- tion on the appointed day unless other provisions were made by order of the county council under Section 3Gof this Act, or Section 57 of the Local Government Act, 1888, or unless the Local Govern- ment Board made the order referred to. 1" The provisions in Section 9, Public Health Act, 1875, which are Sec. 9, P. H. repealed, are shown in Schedule II of this Act. The part of Act, 1875. Sectiou 9 which applies here is as follows :— " Where the number of elective guardians who are not by this section disqualified from acting and voting as members of the rural authority is less than five, the Local Government Board may from time to time by order nominate such number of persons as may be necessary to make up that number, . . . and the persons so nominated shall be entitled to act and vote as members of the rural authority, but not further or otherwise " Compare Section 30 (1) and note thereto. II Doubt as to the name of a rural district may arise, e.g. where Name of a new rural district is constituted under the last preceding sub- district, section. A new name may be required, and this will be settled by the county council ; see also Section 55. 12 See note to Section 2 (2) as to case where a seal should be used. 25. (1) As from the appointed day,i there shall be Po»;:J8of transferred- to the district council of every rural district council with all the powers, duties, and liabilities of the rural sanitary '^'^^P^aVand authoritv^ in the district, and of any highway authority^ iiigh«a.v in the district, and hi^■hway boards'^ shall cease to exist, """^"• and rural district councils "shall be the successors of the rural sanitary authority and highway authority, and shall also have as respects highways all the powers, duties, and liabilities of an urban sanitary authority under Sections one hundred and forty-four to one hundred and forty-eight of the Public Health Act, .•^8&39Viet., 1875, and 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 autho- rity. Provided that the council of any county may by order*' postpone within their county or any part thereof the o]ieration of this section, so far as it relates to highw^ays, for a term not exceeding three years from the apjiointed day^ or such further period as the Local Government Board may on the application of such council allow. 134 56 & 57 VICT., c. 73. Sec. 25. (2) Where a highway repairable ratione tenune' appears on the report of a competent*^ surveyor not to be in proper repair, and the person liable to rejiair the same fails when requested so to do by the district council to place it in proper repair, the district council may place the highway in proper repair, and recover from the person liable to repair the highway the neces- sary expenses of so doing. (3) Where a highway authority receives any contri- bution from the county council towards the cost of any highway under Section eleven, sub-section (10), of the 51 & 52 Vict., Local Grovernmeut Act, 1888,^ such contribution may be made, subject to any such conditions for the proper maintenance and repair of such highways, as may be agreed on between the county council and the highway authority. (4) Where the council of a rural district become the highway authority for that district, any excluded part of a parish under Section two hundred and sixteen of the Public Health Act, 1875,i" which is situate in that district, shall cease to be j^art of any urban district for the purpose of highways, but until the council become the highway authority such excluded part of a parish shall continue subject to the said section. (5) Rural district councils shall also have such powers, duties, and liabilities of urban sanitary autho- rities under the Public Health Acts or any other Act, and such provisons of any of those Acts relating to urban districts shall apply to rural districts, as the Local Government Board by general order direct.^^ (6) The power to make such general orders shall be in addition to and not in substitution for the powers conferred on the Board by Section two hundred and seventy-six of the Public Health Act, 1875,1^ or by any enactment applying that section ; and every order made by the Local Government Board under this section shall be forthwith laid before Parliament. (7) The powers conferred on the Local Government Board by the said Section two hundred and seventy-six,^^ or by any enactment ajiplying that section, may be exercised on the application of a county council, or with respect to any 2:)arish or part of a parish on the applica- tion of the parish council of that parish. 1 See Section 84 (4). * As to the conditions on which such transfer is made see Sec- tion 67. See also Section 70. Duties of ' The powers, &c., of a rural sanitary authority are mainly com- R. S. A. prised in the Public Health Acts and Acts incorporated therewith; transferred, ^j^g Infectious Disease (Xotification) Act, 1889; the Infectious LOCAL GOVERNMENT ACT, 1894. 135 Disease (Prevention) Act, 1890 ; Housing of the Working Classes Note to Act, 1890, &c. Sec. 25. The expression " Public Health Acts " comprises the Public Health Act, 1875; Public Health (Water) Act, 1878; Public Health (Interment.s) Act, 1879; Public Health (Fruit Pickers, Lodgings) Act, 1882; Public Health Act, 1875 (Support of Sewers) Amendment Act, 1883 ; Public Health (Confirmation of Bye-laws) Act, 1884 ; Public Health (Officers) Act, 1884 ; Public Health (Ships, &c.) Act, 1885; Public Health (Members and Officers) Act, 1885 ; Sections 7 to 10 of the Housing of the Working Classes Act, 1885 ; Public Health (Buildings in Streets) Act, 1888 ; Public Health Act (1889); Public Health (Rating of Orchards) Act, 1890 ; Public Health Acts Amendment Act, 1890. * Cases in which the powers of highway commissioners were held to be transferred to rural district councils : L of Wight C.C. v. I. of Wight highway commissioners (59 J. P. 438) ; Marshland, Ac, commissioners i'. Marshland R.D.C. (59 J. P. 824). * Highway boards have been constituted in many localities Highway under the Highway Acts, 1862 and 1864, but the tendency has boards, long been to make them as far as possible coincident with rural sanitary districts (see Section 3 Highway, &c.. Act, 1878). By the present Act highway boards will cease to exist unless specially continued by the county council under the proviso to sub-section (1) of this Section ; rural district councils will be the highway autho- rities in their respective districts, and, like urban district councils, they will have the powers of Sections 144 to 148 of the Public Health Act, 1875. The power to make the highway rate, which was vested in the Highway highway surveyor by Section 27 of the Highway Act, 1835, is "*««• transferred to the rural district councils, who now have the powers, authorities, duties, and liabilities of surveyors of highways by virtue of Section 144, Public Health Act, 1875 (see Appendix), as applied by Section 25 (1) of the Local Government Act, 1894. -See also page 237. ® This order of the county council could only have been made before the "appointed day." ' The liability to repair rations tenurcB arises by virtue of the Repair tenure of lands by individuals or corporations. rauone Wlien a highway repairable ra^fone fejfnrce is altered by statute so that its nature and course are practically destroyed, the liability to repair rationr tenurcB ceases. An owner of land, not being oc- cupier, is not liable to repair ratione tenurcB (Reg. v. Barker, 25 Q. B. D., 213; 59 L. J. M. C, 105; 62 L. T., 578; 54 J. P., 615 ; 6T. L. R., 328). Persons liable to repair a certain road raiione tenurce were ex- empt from the general rate for repair of roads; when the liability to repair ratione teniircr ceased the exemption ceased (Heath v. Weaverham Overseers, 10 Times L.R., 414. * Not necessarily a surveyor of highways. » Section 11 of the Local Government Act, 18SS, relates to the Contribu- mainteuance of main roads the expenses of which devolve upon ''°°^^j°/ county councils. But sub-section (10) of that section provides that \°^l^^^ ,^, " The county council may, if they think tit, contribute towards road repairs, the cost of the maintenance, repair, enlargement, and improvement of any highway or public footpath in the county, although the same is not a main road." The council, in making such contriim- tion, are now empowered to impose conditions as to the proper main- tenance and repair of the highways in respect of which it is made. 136 56 & 57 VICT., c. 73. Note to 1" Section 216 Public Health Act, 1875, deals with the costs of Sec. 25. repairint^ highways iu urban districts {see Appendix, p. 425). Ufl,j,Q 11 The power of conferring urban powers upon rural district cohncils powers for given to the Local Government Board by this sub-section is wider "^^\ than that conferred upon them by Section 27G Public Health districts. ^^j.^ jgyg Under their new power the Local Government Board may, if they think fit, act without any such application as is men- tioned in Section 276 of the Public Health Act, 1875. Note, however, that any general order made by that Board under the power conferred by this sub-section must be laid before Parliament, and objection to it may there be taken. This is not required in the case of action under Section 276. The provisions of Section 276 will be found in the Appendix. Duties and 26. (1) It shall be the duty of every district council^ Si'sTrict*'^ to protect all public rights of way,- and to prevent as couuciiasto far as possible tbe stopping or obstruction of any such ri|htsof^*^' right of way, Avhether within their district -or in an common, and adioiuing district in the county or counties iu which the roadside -.■'.v. ■, '' i^i- wastes. district IS Situate, where the stoppage or obstruction thereof would in their opinion be prejudicial to the interests of their district, and to prevent any unlawful encroachment on any roadside waste^ within, their district.^ (2) A district council may with the consent of the county council for the county within which any common land is situate aid persons in maintaining rights of com- mon^ where, in the opinion of the council, the extinction of such rights would be prejudicial to the inhabitants of the district ; and may with the like consent exercise in relation to any common within their district all such 39 & 40 Vict., powers as may, under Section eight* of the Commons C.56. ^gt^ 1876, be exercised by an urban sanitary authority in relation to any common referred to in that section ; and notice of any application to the Board of Agriculture in relation to any common within their district shall be served upon the district council. (3) A district council may, for the purpose of carrying into effect this section, institute or defend any legal proceedings, and generally take such steps as they deem expedient. 1 (4) Where a parish council have represented to the district council that any public right of way^ within the district or an adjoining district in the county or counties in which the district is situate has been unlawfully stopped or obstructed, or that an unlawful encroachment has taken place on any roadside waste^ within the district, it shall be the duty of the district council,^ unless sati.sfied that the allegations of such representa- tion are incorrect, to take proper proceedings accordingly ; LOCAL GOVERNMENT ACT, 1894, l-'iT and if the district council refuse or fail to take any Sec. 26. proceediufrs in consequence of such representation, the parish council may petition the county council for the county within which the way or waste is situate, and if that council so resolve the powers and duties of the district council under this section shall be transferred to the county council.^ (5) Any proceedings or steps taken by a district council or county council in relation to any alleged right of way shall not be deemed to be unauthorised by reason only of such right of way not being found to exist. (6) Nothing in this section shall affect the powers of the county council in relation to roadside Avastes." (7) Nothing in this section shall prejudice any powers exercisable by an urban sanitary authority at the passing of this Act, and the council of every county borough shall have the additional powers conferred on a district council by this section. 1 See the memoranda issued by the Local Govenunent Board as L. G. B. to the duties of parish councils aud parish meetings with respect to ^1^^"^°''''°" rights of way, I'oadside wastes, commons, village greens, and roadside recreation grounds. Appendix, p. 534; aud as to the powers and wMtes, &c., duties of rural district councils with respect to rights of way, road- and rightsof side wastes, and commons, Appendix, p. 530. A custom for inhabitants of several adjoining parishes to exercise tlie right of recreation over land in one of such parishes is bad (Edwards v. Jenkins, 1896, 1 Cli. 308). In discharging this duty the District Council is in the same position as a private individual protecting his own property, and is not actintr judicially (Murray v. Epsom Local Board, 61 J.P. 71). ^ Compare Section 13. An injunction has been granted to restrain a local board from Obstructing obstructing a highway by using it as a place of deposit for road- l'igli«"ay«- mending materials (Grosvenor r. Sutton, L. B., 1888. W. N. 223). To constitute wilful obstruction of a highway within 5 and 6 VVm. IV, c. 50, s. 72, it is not necessary that there should be any act of commission. The offence may be complete by an omission on the part of the person whose duty it is to remove an obstruction to do so after notice (Gully v. Smith, 12 Q. B. D., 1 2 1 ; 53 L. J. M. C, 35; L. T.,399). Leaving a roller on the greensward by side of road projecting a few inches over the metalled part of the road, held to be an obstruction (Wilkins r. Day 12, Q. B. D., 110; .S2 W. 11., 123; 19 L. T., 399). ' Compare Section 11 (1) Local Government Act, 1S8S. as to the County power of county councils in regard to protection of roadside wastes rouncils i by the side of main roads. Strips of grass borderins a main road [^'/^gj^', are "roadside wastes." The herbage in these does not necessarily vest in the higliway authoritv. Curtis r. Kesteveu County Council, 45 Ch. 1)., 504; (!0 L. .1. CK 103; 63 L. T., 513; 39 W. R.,199; see also Prvcr r. Petre (1894), R. Cii. 11 ; 63 L. J. Ch. 531 ; 70 L. T. 331; Kes." '•. Bradley, 10 T. L. K., p. 346; Keg. r. Berger, 10 T. L. R., p. 308; second trial, 'Times,' 29tli .Fune, 1894; Haigh 1'. West, 1893, 2 Q. B., 19. A district council may enter and abate any encroachment on a roadside waste, even though the waste i-ouncils and 138 5G (t 57 VICT., c. 73. Note to Sec. 26. Commons Act, 1876; s. 8. Transfer of powers. Transfer of certain powers of justices to district councils. belong to the landowner making the encroachment; and they may do so without first taking proceedings summarily or by indictment against the person alleged to have encroached (Reynolds -v. Pres- teigne U. D. C. [1896], 1 Q. B. 604). The cost of abating the en- croachment can be recovered from the person making it (Louth R. 1). C. V. West, 60 J. P. 600). ■• Section 8 of the Commons Act, 1876, gave to urban sanitary authorities certain powers in regard to suburban commons (*. e. commons situate either wholly or partly in any town or towns, or within .six miles of any town or towns). By virtue of these the urban sanitary authority may (n) appear before, and make repre- sentations to, the Commissioner (of the Board of Agriculture) holding local in([niry in reference to applications for regulating or inclosing such commons; (b) undertake to contribute to the maintenance of recreation grounds, or of paths and roads, &c., for the benefit of their town in relation to the common ; (c) pay com- pensation to commoners in order to secure greater privileges for the benefit of their town; (d) acquire by gift and hold, without licence in mortmain, on trust for the benefit of their town, any suburban common, and any rights in such a common; (e) purchase and hold, with a view to prevent the extinction of the rights of common, any saleable rights in common or any tenement of a commoner having annexed thereto rights of common ; (_/) apply (with the consent of persons representing at least one-third in value of such interests in a suburban common as are proposed to be affected by a provisional order under the Commons Act, 1876) to the Board of Agriculture for the regulation of such common, with a view to the benefit of their town and the improvement of the common ; (g) have vested in them by the Board of Agriculture powers of management or other powers. The expenses of an urban sanitary authority, under Section 8 of the Commons Act, 1876, may be defrayed out of any rate applicable to the payment of expenses incurred by the authority in the execution of the Public Health Act, 1875, 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 5000 inhabitants, reckoned from the last published census. Distances arc to be measured in a direct line from the town hall, if any ; if none, from the cathedral or church, but if there are more churches than one, then from the principal market place of the town to the nearest point of the suburlian common. When part only of a common is situate within the aforesaid distance from a town such part is to be deemed for the ))urposes of this section to be a common separate and distinct from the part situated without and beyond such distance. ^ See note to Section 13 (1). *> See Section 63 for provisions which are to have effect when ])owers of a district council are transferred to a county council. That section provides the mode of defraying consequent expenses. '' As to county councils' powers in regard to roadside wastes see .Section 11 (1) Local Government Act, 1888, and Note 3 above. 27. (ly As from the appointed day the powers, duties, and liabilities of justices out of session in relation to any of the matters following, that is to say,— (a) the licensing of gang masters f LOCAL GOVERNMENT ACT, 1894. 139 (b) the grant of pawnbrokers' certificates ;3 Sec. 27. (c) the licensing of dealers in game ;^ (d) the grant of licenses for passage brokers and emigrant runners;' (e) the abolition of fairs and alteration of days for holding fairs ;'"' (/) the execution as the local authority of the Acts relating to petroleum and infant life protection ;7 when arising within a county district, shall be trans- ferred to the district council of the district. (2) As from the appointed day, the powers, duties, and liabilities of quarter sessions in relation to the licensing of knackers' yards'^ within a county district shall be transferred to the district council of the district. (3) All fees payable in respect of the powers, duties, and liabilities transferi'ed by this section shall be payable to the district council. 1 The provisions of this section ai-e applied to county boroughs by Section 32. ^ The Act for the regulation of agricultural gangs is printed in the Appendix (p. 255). 2 Pawnbhokees. By Section 37, Pawnbrokers Act, 1872, every pawnbroker must yearly obtain an excise licence from the Inland Kevenne Commis- sioners for each shop kept by him. Before the licence is granted evei'y pawnbroker who was not licensed before the passing of the Act, or is not an executor, administrator, or assign of a pawnbroker who was licensed before this Act, must obtain a certificate, in the metropolis from a i)olice magistrate, in any place within the jurisdiction of a stipendiary magistrate from that magistrate, and in other places from the justices at special petty sessions (Sections 39 and 10). [This certificate will in future be obtainable from the district council of the district in which the application is made.] The certificate must be in tlie following form or to the like effect, and will renniin in force for one year from its date (Section 41). England. We [here insert description of the authority granting the certifi- Pa»-n- cute] do hereby certify tliat we do authorise the grant to A. B., of broker's , in the county of , of a licence to carry on the business of a pawnbroker within the township of (or parish of or other place as the case may be). [Sealed with the common seal of the said this day of , 18 — , in the presence of ]. [L. S.]. Pawnbrokeks Act, 1872. Section -1:2. " .V person intending to apply for the first time for a certificate under this .\ct shall pioceed as follows : — (1) Twenty- one days at least before the ajiplication he shall give notice by registered letter sent by post of his intention to one of the over- seers of the poor of the parish or place in which he intends to 140 56 ointnieut of overseers and assis- urban tant overseers- or the powers, duties, and liabilities of '''stncia. overseers,^ that order or any subsequent order of the Board may confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Rate Assessment and Collection Act, 1869.* 0.-41.^^ ^''*- 1 See Section 33 (I) iiud Section 54. '■* See Section 5. 3 See Section H. ■* The 3rd and 4th Sections of the Poor Rate Assessment and Collection Act, 1869, provide as follows :— "3. In case the rateable value of any hereditament does not exceed twenty pounds, if the hereditament is situate in the Metropolis, or thirteen pounds if situate in any parish wholly or partly within the boroui;h of Liverpool, or ten pounds if situate "in any parish wholly or partly within the city of Manchester or the borough of Hirminiiham, or eight pounds if situate elsewhere, and the owner of such hereditament is willing to enter into an agreement in writing with the over- seers 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 vestrv, agree with the owner to receive the rates from him, and to allow to him a commission not exceeding twenty-five per cent, on the amount thereof." "4. The vestrv of any parisn may from time to time order that the owners of all rateable hereditaments to which Section three of this Act extends, situate within such parish, shall be rated to the poor rate in respect of such rateable heredita- ments, instead of the occupiers, on all rates made after the date of such order; and thereupon and so long as such order shall be in force the followinir enactments shall have effect : 1. The overseers shall rate the owners instead of the occu- piers, and shall allow to them an abatement or deduction of fifteen per centum from the amount of the rate. 2. If the owner of one or more such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term not being less than one year in respect of all such rateable hereditaments of which he is the owner, whether the same be occupied or not, tlie overseers shall rate such owner accordingly, autl allow to him a further abate- ment or deduction not exceeding fifteen per centum from the amount of the rate during the time he is so rateil. 3. The vestrv uniy by resolution rescind any such order after a day to he fixed by them, such day being not less than six montlis after the passing of such resolution, but the order shall contiuue in force with resi)ect to all rates made before the date on which the resolution takes effect. Provided that this clause shall not be applicable to any rateable heredita- ment in which a dwelling-house shall not be included." 156 56 & 57 VICT., c. 73. Sec. 35. 35. Save as specially provided by this Act, this Resirictioii* p.^^^^ ^£ ^j^jg A^^^ shall uot apply to the administrative on applica- , i tionof Actto county ot Loudoii^ or to a county borough. I.oiidoii, &.C. 1 See note to Section 30 for definition of the expression "adminis- trative county of London." As to " county borough " see Local Government Act, 1888, Section :U, and Schedule III of that Act. The following sections of Part II of this Act apply to the administrative county of London : — Section 20 (applied to London by Section 30). Section 22 (applied by Section 31 [2]). Section 23 (applied by Section 31 [1]). Sections 30, 31, 33. • Other sections, wholly or in part, applying to London are 46, 48, CO, 61, 68 to 73, 75, 79, 80, 83, 84, and 85 to 89; and Sections 9 (18), 36 (5), 36 (12), 84, and the following sections of Part II apply to county boi-oughs : Section 20 (applied to county boroughs by Section 30). Section 26 (applied by Section 26 [7]). Section 27 (applied by Section 32). Section 28. Sections 30, 32, 33, 34 (applied by Section 33 [1]). Pakt 111. PAET III. Duties and powers of county council with respect to areas and boundaries. Areas and Boundaries. [Note the provisions of sub-section (13) of this section.'] 36. (1) 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 {h) every parish which at the passing of this Act^" is situate partly within and partly without a sani- tary district; 2 and (c) every rural parish which has a population of less than two hundred ; '^ and {d) every rural sanitary district which at the passing of this Act'" has less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district;^ and (c) every rural parish which is co-extensive with a rural sanitaiT 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 .ii&52 Vict., Section fifty-seven of the Local Government Act, 1888,"^ *=■ *'• shall as soon as practicable, in accordance with that LOCAL (;OVKItNMKNT A '"• (3) Where a parish is divided by this Act,*^ the county council may by order provide for the application to different parts' of' that parish of the provisions of this Act with respect to the appointment of trustees or beneficiaries of a charity*^ and for the custody of parish documents,^'' but the order, so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners. (4) Where a rural parish is co-extensive with a rural sanitary district,^" then, until the district is united to some other district or districts, and unless the county council otherwise direct, a sepai*ate election of a parish council shall not be held for the pai-ish, but the district council shall, in addition to their own powers, have the powers of, and be deemed to be, the parish council. (5) Where an alteration of the boundary of any county or borough seems expedient for any of the purposes men- tioned 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.^« c.'-Ti (6) Where the alteration of a poor law union seems expedient by reason of any of the provisions of this Act, the county council may, by their order, provide 51 & 5-2 Vicl. 158 5G & 57 VICT., c. 73. Sec. 36. foi- such alteratiou in accordauce with Section fifty-eiglit of tlie Local Government Act, 1888,^^ or otberwise, but this provision shall not affect the powers of the Local Government Board with respect to the alteratiou of unions. ^^ (7) Wliere an order for the alteration of the bound- ary 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,^i 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 ])arish council or parish meeting, as the case may be, shall have the right to appear at any inquiry held by the county council Avith reference to the order, and shall be at liberty to petition the Local Government Board against the confirmation of the order. (8) Where the alteration of the boundary of any parish, or the division thereof or the union thereof or of part thereof with anothei' i)arish, 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 Govern- ment Board under Section fifty-seven of the Local Government Act, 1888.18 (9) Where a parish is by this Act divided into two or more parishes,!^ those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included. (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 boai'd 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 anyof the areas referred to in Section fifty- seven of the Local Government Act, 1888,i** 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 coun- cils of those counties shall act under this section, and LOCAL GOVKRNMKXT ACT, 1894. 159 if any of those councils do not, within two months after Sec. 36. request from any other of them, appoint members of such joint committee, the members of the committee actually ap[>ointed shall act as the joint committee. Provided that any question arising- as to the constitution or procedure of any such joint committee shall, if the county councils concerned fail to agree, be determined by the Local (jrovernment Board. (12) Every report made by the Boundary Com- missioners-' under the Local Government Boundaries 50& 61 Vict., Act, 1887, shall be laid l)efore the council of any *^' ®^' administrative county^ or borough affected by that report, and before any joint committee of county couu- cils, and it shall be the duty of such councils and joint committees to take such reports into consideration before framing any order under the powers conferred on them under this Act. (13) Eveiy county council shall, within two years after the passing of this Act,'^ or within such further period as the Local Government Boai'd may allow either generally or with reference to any particular matter, make such orders under this section as they deem necessaiy 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 coun- cil for that purpose shall be transferred to the Local Government Board, who ma}' exercise those jiowers.-* [As to alterations in parishes rendered necessary by the creation of new boroughs or urban districts, or by the dissohition of districts, see Section 54.] 1 For definition of administrative county 'O'e note to Section 75. ^ See Section 1 (3). "County district" is defined in Section 21 (3). ' See Section 1 (1) as to population of parishes which are to have parish councils and parish meetings. ■* Prior to the piissiug' t>f this Aet, wlieie, owing to the e.>cisteiice Less thau or formation of urban sanitary districts, the number of elective ^^"^ guardians capable of acting and voting as members of the rural '^"'"^' '*°'' sanitary authority was less thau five, the Local Government Board were empowered to nominate persons to make up that number (I'ublic Health Act, 1875, Section 0). In every rural district where at the passing of this Act there are less than five elective guardians capable of acting and voting as members of the rural sanitary authority of the district, that district must, iniless for special reasons the county council otherwise direct, be united to some neighbouring distriet or distrii'ts. As to a rural sanitary disti'ict which on the appointed day {see Section 84 [^j), was situate in more than one administrative coiiuty, and became divided into two or more rural districts, so that the number of councillors in any such divided rural district was less than five, see Section 2i (5). IGO 56 iV- o7 VICT., c. 73. Note to ' As to this see the provision in sub-section (4) of this section. Sec. 36. * Forthivith take into consideration : see sub-section (13) of this section as to limit of time within which tlie county council may act. " The sections of the Local Government Act, 1888, referred to in this section are set out on pp. 161 — 165. Inquiries aud * Inquiries and notices : in their annual report for 1895-6, p. notices. xxxiii, the Local Government Hoard make the following comment on Section 57 of the Local Governuicut Act, 1888 : — "After the require- ments of the section, as regards the holding of inquiries and the giving of notices have been complied with, county councils may make orders for alteration of areas and other alterations under the section. These orders, except in cases where the order relates merely to the division of a district into wards, or the alteration of the number of wards, or of the boundaries of a ward, or of the number of members of a district council, or the apportionment of members among the wards, must be submitted to us for confirmation ; and, in confirming any such order, we may make such modifications as we consider necessary for carrying its objects into effect. We are required to confirm the order vxnless, within three months after notice has been given of its provisions, the district council of any district affected by it, or one-sixth of the total number of the county electors registered in the district, ])etition us to disallow the order, in which case we are required by the Act to cause a local inquiry to be made, and to determine whether or not the order shall be confirmed" (Twenty-fifth Report of the Local Government Board, p. xxxiii). In the same report the Local Government Board state that the majority of the orders of county councils made in 1895-96 altering urban districts required modification before they could be confirmed. "These modifications related to such matters as the description of boundaries, the com- pensation of persons aff'ected by the alterations, the arrangements for the election of the new authorities, the continuance for a fixed period of existing bye-laws, and the status of residues or excluded portions of parishes for the purposes of the Local Government Act, 1894, when parts of tliem have been converted into urban districts or added to adjoining districts " (ibid., p. xxxiv). In regard to compensation of existing officers the Local Government Board stated (on j). xliii of their twenty-first annual report) that in the opinion of the law officers of the Crown the Board are empowered to insert in tlieir confirming order a modification api)lyinoor law unions for the purpose of out- door relief, and may by the order make such provisions as seem expedient for determininc all other matters in relation to which such union is to be one union or two or more unions. * See the order of Local Government Board set out in the Appendix. t Now six weeks. See Section 41 Local Government Act, 1894- 164 56 & 57 VICT., c. 73. Note to Sec. 36. Supple- mental provisions as to alteration of areas. 51 & 52 Vict. c. 10. Local Government Act, 1888, Section 59. 59. (1) A scheme or order under this Act may make such administrative and judicial arraugrements incidental to or conse- quential on any alteration of boundaries, authorities, or other matters made by the scheme or order as may seem expedient. (2) A place which is part of an administrative county for the purposes of this Act shall, subject as in this Act mentioned, form part of that county for all purposes, whether sheriff, lieutenant, custos rotulorum, justices, militia, coroner, or other ; Provided that — (a) Notwitlistandinof this enactment, each of the entire counties of York, Lincoln, Sussex, Suffolk, Northampton, and Cam- bridge shall continue to be one county for the said purposes so far as it is one county at the passing of this Act ; and (6) This enactment shall not affect the existing jiowers or privi- leges of any city or borough as respects the sheriff, lieutenant, militia, justices, or coroner; but, if any county borough is, at the passing of this Act, a part of any county for any of the above purposes, nothing in this Act shall prevent the same from continuing to be part of that county for that purpose ; and (c) This enactment shall not affect parliamentary elections nor the right to vote at the election of a member to serve in Parliament, nor land tax, tithes, or tithe rentcharge, nor the area within which any bishop, parson, or other ecclesiastical person has any cure of souls or jurisdiction. (3) For the purposes of parliamentary elections, and of the registration of voters for such elections, the sheriff, clerk of the peace, and council of the county in which any place is comprised at the passing of this Act for the purpose of parliamentary elections shall, save as otherwise provided by the scheme or order, or by the County Electors Act, 1888, or this Act, continue to have the same powers, duties, and liabilities as they would have had if no alteration, of boundary had taken place. (4) Any scheme or order made in pursuance of this Act may, so far as may seem necessary or proper for the purposes of the scheme or order, provide for all or any of the following matters, that is to say, — (a) may provide for the abolition, restriction, or establishment, or extension of the jurisdiction of any local authority* in or over any part of the area affected by the scheme or order, and for the adjustment or alteration of the boundai-ies of such area, and for the constitution of the local authorities therein, and may deal with the powers and duties of any council, local authorities, quarter sessions, justices of the peace, coroners, sheriff, lieutenant, custos rotulorum, clerk of the peace, and other officer therein, and with the costs of any such autho- rities, sessions, persons, or officers as aforesaid, and may determine the statusof any such area as a component part of any larger area, and provide for the election of representa- tives in such area, and may extend to any altered area the^ provisions of any local Actf which were previously in force in a portion of the area; and * A burial board is a local authority within this section (Reg. v^ Durham County Council, 1897, Local (iovernment Chronicle, p. 70). t See Peg. v London County Council (1893), 2 Q. 15. 454 : Trans- fer of disused burial-ground to parish to which it formerly belonged. LOCAL GOVERNMENT ACT, 1894. 165 (6) may make temporary provision for meeting the debts and Note to liabilities of the various authorities afTccted hy the scheme Sec. 36. or order, for the mauajjemeut of their property, and for rejjuhiting the duties, position, and reniuneration of officers atlected by the scheme or order, and apjjlying to them the jjrovisioiis of this Act as to existing officers; and (c) may provide for the ti'ansfer of any writs, process, records, and documents relating to or to be executed in any part of the area affected by tlie scheme or order, and for determin- ing questions arising from such transfer; and (d) may provide for all matters which appear necessary or pro- per for bringing into operation and giving full effect to the scheme or order ; and (e) may adjust any property, debts, and liabilities affected by the scheme or order. (5) Where an alteration of boundaries of a county is made by this Act an order for any of the above-mentioned matters may, if it appears to the Local Clovernnient Board desirable, be made by that Board, but such onler, if petitioned against by any council, sessions, or local autliority aH'ected 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 pi'eviously made in pursuance of this Act, and may be made by the same authority aud after the same procedure as the original scheme or order. Where a provision of this Act respecting a scheme or order requires the scheme or order to be laid before Parliament, or to l)e confirmed by Parliament, either in every case or if it is petitioned against, such scheme or order may amend any local and personal Act. 37. Where it is pt-oved to the satisfaction of the Provision as county council that any part of a parish has a defined {.^^'nj^'aru boundary,' and has any property or rights distinct «itii defined from the rest of the parish,2 the county council may ''"""'i'^*"- order' that the consent of a parish meeting held for that part of the parish* shall be required for any such act or class of acts of the parish council affecting the said property or rights as is specified in the order. ' A question as to the meaning of the words " known and defined ooundary " arose in Keg. v. Grasmcre Local Board (L. K., 8 Q. B. 227; 42 L. .1. Q. B. 131), a case under the Local Government Act, 1858. In that case Archibald J. said : "To attribute to the words 'known and defined,' their literal meaning seems to accord best with convenience and witli the object which the legislature had in view ; and we think it therefore sufficient if there be an actual known or defined boundary, or one which is physical, visible, and notorious, so that there may be no mistake as to the limits within which the Act is to be applied." '^ See, for example, the provisions in Section 29 (d). ' The order does not require submission to or confirmation by the Local Government Board (S('cti(ni 40). '' Compare the provisions in Sections 49, 53, and 56 (2). 38. (1) Where parishes are grouped,^ the grouping Orders for order shall make the necessary provisions for the name paris?i'«and groups. 166 56 & 57 VICT., c. 73. Sec. 38. of the group,^ for tlie parish meetings in each of the dissuivine; orouped j)arislies, and for the election in manner pro- vided by this Act-' of separate representatives of each parish on the parish council, and may provide for the consent of the parish meeting of a parish to any par- ticular act of the parish council, and for any other adaptations of this Act to the group of parishes, or to the parish meetings in the group.* (2) Where parishes are gi'ouped the whole area under each parish council shall, unless the county council for special reasons otherwise direct, be within the same administrative county^ and county district.^ (3) Where parishes are grouped, the grouping order shall pi'ovide for the application of the provisions of this Act with I'espect to the appointment of trustees and beneficiaries of a charity,^ and the custody of documents,^ so as to preserve the separate rights of each parish. (4) The parish meeting of any parish may apply to the county council for a grouping order respecting that parish, and, if the pai-ish has a less population than two hundred, for a parish council, and any such application shall be forthwith taken into consideration by the county council.^ (5) The county council may, on the application of the council for any group of parishes or of the parish meeting for any i:)arish 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 jjarish councils of the j^arishes in the group and for the adjustments^ of property, rights, and liabilities as between separate parishes and the group. 1 See Section 1 (1) (i) as to the circumstances iu which parishes may be grouped. Neither a grouping order, nor an order dis- solving a group of parishes, requires submission to or confirmation by the Local Government Board. (Section 40). * See Section 55 as to names of parishes and groups. ' See Section :$ (6) and Section 48. * The grouping order should specify the number of councillors to constitute the parish council for the group, and the number to be elected from each parish. See Section 3 (1). * For definition of " administrative county " see note to Sec- tion 75. * For definition of " county district " see Section 21. ' See Section 14 as to trustees, &c., of charities. ' See Section 17 (7) to (9) as to custody of documents. ' Compare the provisions of section 1 (1) as to the establishment of parish councils for parishes having a population of 100 and upwards. 1" See Section 39 (1) and note 1 above. " As to adjustment of property, &c., see Section 68. LOCAL GOVKUNMKNT ACT, 1894. 167 39. (1) Where the population of a parish^ not Sec. 39. having a separate parish council increases so as to fo'i-"in'r°ea3e iustif V the election of snch council, the parish meeting «"«! decrewe may petition the county council, and the county council, if they think proper, may order- the election of a parish conned in that parish, and shall by the order make such provision as appears necessary for separating the parish from any group of parishes in which it is included, and for the alteration of the parish council of the group, and for the adjustment-^ of property, rights, and liabilities as between the group and the parish with a separate parish council. (2) Where the [copulation 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 adjustment' of the property, rights, and liabilities of the parish council. Where a petition for such an order is rejected, another petition for the same purpose may not be presented within two years from the presentation of the previous petition. ^ Compare the provisious of Section 1 (1). ^ See Section 40 below. ^ As to adjustment of property, &c., see Section 68. 40. A grouping order,^ and an order establishing- or Cejtam dissolving a parish council,-' or dissolving a group of county parishes,^ and an order i-elating to the custody of parish to"rcquirc°* documents'' or requiring the approval of the Charity eonfiimation. Commissioners,'"' and an oi-der requiring the consent of the parish meeting for any part of the parish to any act or class of acts of the parish council,'"' shall not require submission to or confirmation by the Local Government Board. ' See Sections 1 (1) (J) and 38. - See Sections 1 (1) {a) iind 39 (1). 3 See Section 30 (2). * See Section 38 (5). ^ See Section 36 (3). ® See Section 37. Althongh tlie above orders need not be submitted to, or con- firmed by, tlie Local Government l?oard, yet a copy of every such order should lie sent to tliat Hoard, and if it alters any local area or name, also to the Board of Agriculture (Section 71). 168 56 & 57 VICT., c. 73. Sec. 41. 41. The time for petitioniug against an order under umt'for'"' "^ Section fifty-seveui of the Local Government Act, 1888, appealing agaiust couiitv council orders. Validity of county council orders. shall be six weeks instead of three months after the notice referred to in sub-section three of that section. 1 This section is set out in the note to Section 3(j. 42. When an order under Section fifty-seven^ of the Local Government Act, 1888, has been confirmed by the Local Government Board, such order shall at the expiration of six months from that confirmation be presumed to have been duly made, and to be vrithinthe powers of that section, and no objection to the legality thereof shall be entertained in any legal proceeding whatever. 1 This section is set out in the note to Section 36. Sec. 43. Paht IV. Removal of disqualifica- tion of married women. PART IV. Supplemental. Parwh Meetings and Elections. 43. For the purposes of this Act a woman shall not be disqualified by marriage for being on any local government 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.^ 1 For definition of " local government register of electors " see note to the next section. 2 Married women can only vote in elections under the Local Government Act, 1894. They cannot vote in elections for Town Councils under the Municipal Corporations Act, 1882. A woman, whether married or single, is not qualified by reason of ownership of property to be a parochial elector (Drax v. Tfooks [1896], 1 Q.B. 238). The President of the Local Government Board stated in the House of Commons that " a peer who is an owner of property in a parish, but does not occupy property in that parish, will not be on the register of parochial electors of the parish. In this respect peers will be in the same position as women who are the owners but not the occupiers of property" (Times, 30th June, 1894, p. 11). 3 This section does not affect the decision of the Court of Appeal in Beresford-Hope v. Lady Sandhurst (23 Q. B. D. 79; 58 L. J. Q. B. 316 ; 61 L. T. 150 ; 37 W. R. 548; 5 T. L. R. 472 ; 53 J. P. 805). In that case the court held that women could not be elected as members of a county council. But women, married or single, may be elected members of boards of guardians and of parish and urban and rural district councils (see Sections 3 [2], 20 [2], 23 [2], and 24 [4]) ; though they are still disqualified from being councillors of boroughs. LOCAL (JOVKKN.MKM' ACT, 1S94. 1G9 44. (1) The local government register of electors and Sec. 44. the ]>arlianientary register of ulectoVs,' so far as tliey re- par^'cMui'*' late to a parish shall, together, form the register of the electors, parochial electors of the parish ; and any person whose name is not in that register shall not be entitled to ■ attend a meeting or vote as a parochial elector, and any person whose name is in that register shall be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by this or any other Act of Parliament. - (2) Whei*e the parish is in a parliamentary borough, such portion of the parliamentary register of electors for the county as contains the names of i>ersons registered in I'espect 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. (3) The lists and register of electors in any parish shall be framed in jtarts for wards of urban districts and parishes in such manner that they may be con- veniently used as lists for polling at elections for any such wards. (4) Nothing in any Act shall prevent a person, if duly qualified, from being registered in moi'e than one register of pxirochial electors. (5) Where in that portion of the parliamentary register of electors' which relates to a parish a person is entei'ed to vote in a polling district other than the district comprising the parish, such person shall be entitled to vote as a pai'ochial elector for that parish, and in addition to an asterisk there shall be placed against his name a number consecutive with the other numbers in the list. (6) Where the revising barrister in any list of voters for a parish would — (a) In pursuance of Section seven of the County 5ivict.,c.io. 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- wise than by reason of that name appearing more than once in the lists for the same parish ; or (c) in pursuance of Section twenty-eight of the Parliamentary and Municipal Eegistration Act, 4i 8:12 vict., 1878, as amended bv Section five of the Regis- %\^;a v . tration Act, 1885, place agamst the name of a c. is. person a note to the effect that such person is 170 56 cV; 57 viCT., c. 73. Sec. 44. 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 I'espect of that entry as a county elector or burgess, a marlc signifying that his name should, be printed, in division three of the list, or if he is entitled to vote only as a parochial elector, a mark signifying that he is entitled to "be registered as a parochial elector, and the name so marked shall not be printed in the parliamentaiy register of electors, but shall be printed, as the case requires, either in division three of the local govern- ment register of electors, or in a separate list of paro- chial electors. (7) Where the name of a person is entered, both in the ownership list and in the occupation list of voters in the same jmrish, and the revising barrister places against that name a mark or note signifying that the name should, be printed, in division three of the. lists, an asterisk or other mark shall be there printed against the name, and. such person shall not be entitled to vote as a parochial elector in respect of that entry. (8) Such separate list shall form part of the register of parochial electors of the parish, and shall be printed at the end of the other lists of electors for the parish, and the names shall be numbered consecutively with the other names on those lists, and the law relating to the register of electors shall, with the necessary mudifi- cations, apply accordingly, and the lists shall, for the purposes of this Act, be deemed to be part of such register. (9) Any person may claim for the purpose of having his name entered in the parochial electors list, and the law relating to claims to be entered in lists of voters shall ajjply. (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. See also note to Section 46. 1 By Section 17 of the Interpretation Act, 1889, the expression " local government register of electors " means " as respects an administrative county in England or Wales other than a county borough, the county register, and as respects a county borough or LOCAL (;(i\ KIINMKNT ACT, 1894. 171 other municipal borougli, tlio burgess roll j" and the expression Note to " parliamentary re^'ister of electors" means a " register of persons Sec. 44. entitled to vote at any parliamentary election." The following circular was addressed by the Local Government Board to the Town Clerks of municipal boroughs on the 8th October, 189-i: " I am directed by the Local Government Bo;ird to draw your L.G.B. attention to certain nnitters connected with the arrange- Q'^'^"}i''J' nient of tlie burgess and ward rolls and the parliamentary j^g^ '' voters' lists, in municipal and parliament:uy Iwroughs. " The Board gather from recent communications made to them Preparation that some misapprehension e.\ists as to the manner in which " '^^'^ ^^' those registers should be prepared, so as to form part of tlie register of parochial electors, and to be available for the elections under the Local Government Act, 1894. " In a municipal boroui^h the paiochial electors will be the electors of the guardians for the parishes, wards, or other areas comprised in the borough, for which guardians are elected, but it does not ap|)ear to the Board that the Act requires that a separate I'egister of parochial electors should be printed. The register will, under Section 44 (1) of the Act, consist of tlie local government register of electors and the parliamentary register of electors, so far as they relate to a particular parish. In order, liowever, tlntt these latter registers may serve for the purpose of forming the parochial register, it is necessary where a borough com- prises more than one parish or other area f^ir the election of guardians, that those registers sliould be printed in such a way as to show the names of the electors qualified to vote in each parish or other area ; and the Board request that you will be good enough to take steps to ensure that the register or registers printed by you are arranged accordingly. " As regards married women who may, under Section 43 of the Local Government Act, 1894, be on a local government register of electors for the purposes of the Act, it seems to the Board that their names should be included in the burgess roll, but that except to this extent no addition to the roll should he made by reason of the provisions of the Act. The names of married women so entered should of course be distinguished, as married women will be empowered to vote only in elections under the Act of 1894, and not in elections under the Municipal Corporations Act, 1882." Parochiai, Electors. The following persons nre entitled to be registered in the parlia- Parlia- MKXTAEY BEGISTEB OF ELECTORS : mentary Register. (a) As Ownemhip Electors. (1) Owners of freehold estate in fee simple or fee tail of the value of 40*. per iiununi. (2) Owners of an estate for life or for lives, if of the value of 40*. , but less than £5 per annum, ])rovided tlie owner either actually and bona tide occupies the piemises, or having acquired the estate since 7tii .luue, 1832 (2 Wm. IV, c. 4>5), acquired it by marriage, marriage settlement, devise, or pro- motion to a benetice or office. 172 56 & 57 VICT., c. 73. Note to Sec. 44. Parish not in a parlia- mentary borough. (3) Owners of an estate for life or lives, of any tenure whatever, of the value of £5 per annum. (4) Lessees (and their assignees) of property of the value of £5 per annum for a term not originally less than 60 years ; and of the value of £50 per annum where the original term was over 20 years, but under 60; also sub-lessees of the above actually occupying. A person entitled to be registered as an ownership elector must be a man of full age and not subject to any legal incapacity, and must not at any time during the twelve months immediately pre- ceding the 15th day of July next have received any parochial relief or other alms ; but where a person has received for himself- or for any member of his family any medical or sui'gical assistance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered, and medical or surgical assistance includes all medical and surgical attendance, and all matters and things supplied by or on the recommendation of the poor law medical officer at the expense of any poor rate. (b) As Occupation Electors. (1) I» a parish not in a parliamentary horough. (i) Fifty pounds rental qualification. A person entitled to be registered as a parliamentary elector in respect of a fifty potinds rental qualification — (a) must on the 15th day of July next be an occupier as tenant of some land or tenement in the parish [or township] for which he is bond fide liable to a yearly rent of not less than fifty pounds ; and (J) must have occupied such land or tenement for the whole of the twelve months immediately preceding the 15th day of July next ; and (c) must have been registered as an elector in respect of the said occupation in the register of electors in force during the year 1884. If two or more persons jointly are such occupiers as above men- tioned, and the rent is such as to give fifty pounds or more for each occupier, each such occUpier, if he was registered in respect of the said occupation as aforesaid in the year 1884, is entitled to be registered as an elector. (ii) Ten pounds occupation qualification. A person entitled to be registered as a parliamentary elector in respect of a ten pounds occupation qualification — (a) must on the 15th day of July next be, and during the whole twelve months immediately preceding that day have been, an occupier, as; owner or tenant, of some land or tenement in the parish {or township] of the clear yearly value of not less than tea pounds; and {b) such person, or sonic one else, must during those twelve montlis have been rated* to all poor rates made in respect of such land or tenement; and * An occupier of a dwelling-house which, though rateable, has not been rated, and for which no poor rate had been paid, is not entitled either to the parliamentary or the municipal franchise (Palmer v. Wade [1894], 1 Q.B. 268). LOCAL UOVKKNMKNT ACT, 1894. 173 (c) all sums due in respect of the said land or tenement on Note to account of any poor rate made and allowed durinj^ the Sec. 44. twelve months innnt'diutely precedinjjf the 5th day of January last must liave bet-n paid on or before the 20th day of .(uly ne.\t. If two or more jjorsons jointly are such occupiers as above mentioned, and the clear yearly value of the hmd or tenement is such as to give ten j)0unds or more for each occupier, two of such occupiers are entitled to be registered as electors; but no more are so entitled (unless they derived the property by descent, succession, marriage, marriage settlement, or devise, or) unless they are bond fide engaged as partners carrying on trade or business thereon, in any of which cases all may be registered if the clear yearly value is sufficient to give ten pounds for each occupier. If a person has occupied different lauds or tenements in the division [or county] of the reipiisite value in immediate succession during the said twelve months he is entitled in respect of the occupation thereof to be registered as an elector in the parish [or township] in which the last occupied land or tenement is situate. (iii) Household qualificaiioii. A person entitled to be registered as a parliamentary elector in respect of a household (jualiti cation — (a) must on the loth day of .Tuly next be, and for the whole twelve months innnediately preceding that day (except the time [if any] not exceeding four months in the whole during which he has permitted the house to be occupied as a furnished house) have been an inhabitant occupier of some dwelling-house in the parish [or towusliip], or of some part of a house separately occupied * aS a dwelling; and (i) such person or someone else must during those twelve months have been ratedt to all poor rates made in respect of the said dwelling-house ; and (c) all sums due in respect of the said dwelling-house on account of auy poor rate made and allowed during the twelve months immediately preceding the 5th day of January last must have been paid on or before the 20th day of July next. If two or more persons are joint occupiers of a dwelling-house, no one of them is entitled to be registered as a parliamentary elector in respect of a household qualification in respect thereof, though, if the value is sufficient, one or more of them may be entitled as in the ease of a ten pounds qualification. If a person has occupied different dwelling-houses in the division [or county] in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a parliamentary elector in the parish [or township] in which the last occupied dwelling-house is situate. (iv) iSercice franchise. If a person inhabits a dwelling-house by virtue of any office, service, or employment, and the dwelling-house is not inhabited by * Policeman occupying cubiele at police barracks not entitled to the franchise (Harnett c. Hickmott [1895], 1 Q.B. 691 ; Clutter- buck V. Taylor [1806], 1 Q.B. 395). + See Palmer v. Wade, ante p. 172. 174 56 & 57 VICT., c. 73. Note to any person under whom such man serves in such oiBce, service, or Sec. 44. employment, he is to he considered as an inhabitant occupier of that dwelling-house. (v) Lodger qualification. A person entitled to be registered as a parliamentary elector in respect of a lodger qualification — (a) must have claimed to be registered ; and (i) must have occupied separately as a lodger for the whole twelve months immediately preceding the 15th day of July next lodgings, being part of one and the same dwelling- house in the parish [or township], and being of a clear yearly value, if let unfurnished, of ten pounds or upwards; and (c) must have resided in such lodgings during the said twelve mouths. If two or more persons are joint lodgers, and the value of the lodgings is such as to give ten pounds or more for each lodger, two of such per.sons but no more are entitjled to be registered as parlia- mentary electors. If a person has occupied different lodgings of the requisite value in the same liouse in immediate sticcession, he is entitled to be registered as a parliamentary elector in respect of the occupation thereof. Parish in a parlia- mentary borough. (2) In a parish in a farliamentary borough. (i) Ten pounds occupation qualification. A person entitled to be registered as a parliamentary elector in respect of a ten pounds occupation qualification — (a) must during the whole twelve months immediately preceding tlie 15th day of July next have been an occupier as owner or tenant of some land or tenement in the parish [or town- sliip] of tlie clear yearly value of not less than ten pounds; and (J) must have resided in or within seven* miles of the said par- liamentary borough during six months immediately pre- ceding the 15th day of July next; and (e) such person, or some one else, must during the said twelve months have been ratedf to all poor rates made in respect of such land or tenement ; and {d) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the 5th day of January last, or on account of any assessed taxes due before the 5th day of January last, must have been paid on or before the 20th day of .Inly next. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a parliamentary elector. If a person has occupied in the said parliamentary borough different lands or tenements of the requisite value in immediate succession during the said twelve monthis, he is entitled in respect of the occupation thereof to be registered as an elector in the * In the case of a parish in the City of London substitute twenty- five for seven miles. t See Palmer v. Wade, ante, p. 172. LOCAL GOVKItNMKNT ACT, 1894. 17") parish [or towiisliipj in wliicli the last occiipietl land or teueineut Note to is situate. Sec. 44. (ii) Household qualifications. A persou entitled to be registered as a parliamentary elector in respect of a household qualification — (a) must on the loth day of July next be and for the whole of the twelve months immediately precedin<^ that day (except the time [if any] not exceeding four months in the whole during which he has permitted the house to be occupied as a furnished house) have been an inhabitant occupier of some dwelling-house in the parish [or township], or of some part of a house separately* occupied as a dwelling; and (i) such person or some one else must during those twelve months have been ratedf to all poor rates made in respect of the said dwelling-house ; and (c) all sums due in respect of the said dwelling-house on account of any poor rate made and allowed during the twelve months immediately preceding the 5th day of .January last must have been paid on or before the 20th day of .July next. If two or more persons are joint occupiers of a dwelling-house, no one of them is entitled to be registered as a parliamentary elector in respect of a household qualification in respect thereof, though if the value is sufficient, one or more of them may be so entitled, as in the case of a ten pounds qualification. If a person has occupied diflerent dwelling-houses in the said parliamentary borough in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a parliamentary elector in the parish \_or town- ship] in which the last occupied dwelling-house is situate. ( i i i ) Ser r ice fra n ch ise. If a person inhabits a dwelling-house by virtue of any office, service, or employment, and the dwelling-house is not inhabited by any person under whom such man serves in such office, service, or employment, he is considered to be an inhabitant occupier of that dwelling-house. (iv) Lodger qualification. A person entitled to be registered as a parliamentary elector in respect of a lodger qualification — (a) must have claimed to be registered; and (b) must have occupied separately as a lodger for the whole twelve months immediately preceding the 15th day of July next lodgings, being part of one and the same dwelling- house in the parish [o/* township], and being of a clear yearly value, if let unfurnished, of ten pounds or upwards ; and (c) must have resided in such lodgings during the said twelve months. If two or more persons are joint lodgers, and the value of the lodgings is such as to give ten pounds or more for each lodger, two of such persons, but no more, are entitled to be registered as parliamentary electors. * See Harnett v. Hickmott, ante, p. 173. t See Palmer r. Wade, ante, p. 172. 176 5G& 57 VICT., c. 73. Note to Sec. 44. Freemen. General qualificatiou, Local government register. Parish not in a parlia- mentary borough. If a person has occupied different lodgings of the requisite value in the same house, in immediate succession, he is entitled to be registered as a parliamentary elector in respect of the occupation thereof. (c) Other Electors in Farliamentan/ Boroughs. " Freemen," and certain other jjersons in boroughs, are entitled to be registered as electors, but their (jualifications are of a local nature. For information as to these the reader should consult a work specially dealing with electoral qualifications. It has been decided that a freeman, not on the local government register of electors, whose name appears on the parliamentary register, but not in the portion of it which relates to any particular parish, is not entitled to be on the register of parochial electors (Hart v. Beard [1896], 1 Q.B. 54). N.B. — A person entitled to be registered as a parliamentary elector, whether in a county or in a parliamentary borough, must be a man of full age, and not subject to any legal incapacity, and must in all other respects be duly qualified to be registered as a parliamentary elector, and must not at any time during the twelve months immediately preceding the 15th day of July next have received any parochial relief or other alms ; but where a person has received for himself or for any member of his family any medical or surgical assistance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered, and medical or surgical assistance includes all medical and surgical attendance, and all matters and things supplied by or on the recommendation of the poor law medical officer at the expense of any poor rate. The following persons are entitled to be registered in the Local GOVEENMENT REGISTER OF ELECTORS : (1) In a liarish not in a parliamentary horough. A person entitled to be i-egistered in the Local Government Register as a county elector may be a man or a woman, but must be of full age and not subject to any legal incapacity, and must in all other respects be duly qualified to be registered as a county elector, and must not at any time during the twelve months im- mediately preceding the loth day of .July next liave received any union or parochial relief or other alms ; but where a person has received for himself or herself or for any member of his or her family any medical or surgical assistance, or any medicine at the expense of any poor rate, he or she is not thereby dcprivearish council is present at a parish meeting and is not a candidate for election at the meeting, he shall, save as otherwise provided by this Act,- be the chairman of the meeting. (3) The chairman of the parish council, or any two parish councillors, or the <.-hairman of the parish meet- ing,3 or any six parochial electors,^ may at any time convene a parish meeting.^ > See Section 2 (3) and note ; Section 78 ; and the rules in Schedule I, Part I. As regards parishes not having a parish council see also Section 19. As to place of meeting, at school- rooms or public-houses, see Sections 4 and 61. "^ See Section 2 (4) and note thereto ; also Schedule I, Part I (10). 182 56 & 57 VICT., V. 73, Note to Sec. 45. Disquali- fications for parish or district council. As to disqualifications for being chairman of a parish council see the following section. The chairman of the parish council need not be a parochial elector (Section 3 [8]). * If, however, he is not a parochial elector, he is not entitled to be present at a parish meeting (Section 2 [1]). ^ /. e. in parishes not having a parish council. •* For detinition of parochial electors see Sections 2 (1) and 44. ■' As to the dates of meetings, the mode of convening them, and the notices to be given, see Schedule I, Part I, rules 1 — 3. As to the mode of giving public notice, see Section 51 and note. 46. (1) A person shall Le disqualified for being elected or being a member or chairman of a cotincil 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 (6) 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 indictment 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 (d) holds any paid office under the parish council or district council or board of guardians, as the case (e) may be ; ^ or is concerned in any bargain or contract' entered into with the council or board, or participates in the profit of any such bargain or contract or of any work done under the authority of the council or board. (2) Provided that a person shall not be disqualified for being elected or being a member or chairman of any such council or board by reason of being interested — (a) in the sale or lease of any lands or in any loan of money to the council or board, or in any con- tract witli the council for the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing high- ways or bridges, or in the transport of materials for the rej^air of roads or bridges in his own immediate neighbourhood ; or in any newspaper in which any advertisement relating to the affairs of the council or board is nsei'ted; or 0->) LOCAL govp:rnment act, 1894. 183 (c) in any contract with the council or board as a Sec. 46. shareholder iu any joint stock company ; but he sliall 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 cou)i)any established for the carrying on of works of a like public nature, this prohibition may be dispensed with by the county council. (3) Where a person who is a parish councillor, or is a candidate for election as a parish councillor, is con- cerned in any such bargain or contract, or particijiates in any such profit, as would disqualify him for being a parish councillor, the disqualification may be removed by the county council if they are of opinion that such removal will be beneficial to the parish. ' (4) Where a person is disqualified by being adjudged bankrupt or making a composition or arrangement with his creditors, the disqualification shall cease, in case of bankruptcy, when the adjudication is annulled, or when he obtains bis discharge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his i>ciYt, and, in case of composition or arrangement, on ■i)ayment of his debts in full. (5) A person disqualified for being a guardian shall also be disqualified for being a rural district councillor. (6) If a member of a council of a jiarish, or of a dis- trict other than a borough, or of a board of guardians, is absent from meetings of the council or board for more than six months^ consecutively, except in case of illness or for some reason approved by the council or board, his office shall on the expiration of those months become vacant.'-* (7) Where a member of a council or board of guar- dians becomes disqualified for holding office, or vacates his seat for absence, the cciuncil or board shall ftirthw'ith 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 iu such manner as the council or board direct, and the office shall thereupon become vacant. (8) If any person acts when disqualified, or votes when prohibited under this section, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds.'*^* (9) This section shall ap2)ly in the case of any authority whose members are elected in accordance with this Act^^ in like manner as if that authoritv were 184 56 X' 57 VICT., o, 73. Sec. 46. a district council, and in the case of London auditors as if they were members of a district council. See also note to Section 44. Infants. Aliens. NoD-diaqua- lificatioiis. Crime. Bankruptcy. 1 An infant is a person under twenty-one years of age. That age is attained on the day preceding the twenty-first anniversary of the person's birth. * Aliens: this expression does not include persons who have been naturalised pursuant to the Naturalisation Act, 1870 ; or who have become " denizens," i. e. persons who have obtained from the Crown letters patent making them British subjects. Persons born in Hanover before 1837, and not naturalised, are aliens though resi- dent in the United Kingdom. In re Stepney election petition : Isaacson v. Durant (17 Q. B. D. 54). ' The following do not disqualify : Payment, by board of guardians, of school fees of children of poor parents (Elementary Education Act, 1876, Section 10). Vaccination at the public expense by a public vaccinator (Vac- cination Act, 1867, Section 26). Treatment in a hospital of the Metropolitan Asylums Board (46 and 47 Vict., c. 35, s. 7 ; 52 and 53 Vict.,"c. 67) or in a hospital provided by a county council under the Isolation Hospitals Act, 1893. At a time when great distress prevailed certain men had been employed by a board of guardians of the union in which they resided to break stones, and had received payment for their work. 'J'he payments were not proportionate to the work done, but to the wants of each man employed, and had varied according to the number of children belonging to such men : It was held that the payments constituted relief given to the persons employed. Mar- garill V. Overseers, &c., of Whitehaven (16 Q. B. D. 242 ; 55 L. J. Q. B. 38; 53 L. T. 667 ; 34 W. K. 275 ; 49 J. P. 743). ■• In Conybeare v. London Scliool Board (1891), 1 Q. B. 118, the Court gave the term "crime" a wide interpretation. A member of an Englisli school board was imprisoned in Ireland by a Court of Summary Jurisdiction under the Criminal Law and Procedure (Ireland) Act, 1887, for " unlawfully taking part in a criminal conspiracy to interfere with the administration of the law " in a proclaimed district in Ireland : Held thsit the member had been punished with imprisonment for a crime within the meaning of Schedule II (1) (14) of the Elemcntai-y Education Act, 1870, and that his office was consequently vacant. ' As to disqualification from bankruptcy see Hardwicke v. Brown (L. K. 8 C. P. 406 ; 28 L. T. 502 ; 37 il. P. 407). Leftley v. Monington (L. II. 4 Ex. I). 307 ; 48 L. .T. Ex. 543 : 40 L. T. 850). In Bourke v. Nutt. (1894), 1 Q. B. 725 ; 42 W. R.388, the C. A. (Lord Esher dissenting) held that an undischarged bankrupt under the Act of 1869 was not disqualified by the Bankruptcy Act, 1883, Section 32, from being a member of one of the offices mentioned in that section. See also sub-section (4), below, and note to Section 44. As to composition with creditors, comi)are Reg. i\ Cooban (18 Q. B. D. 269; 56 L. J. M. C. 33 ; 51 J. P. 500). Where a partnership firm, as such, makes an arrangement with its creditors, each member of the partnership is deemed, for the LOCAL (iOVKUNMKNT ACT, 1894. 1H5 purposes of this Act, to make an anang;einent with his creditors Note to (Ward I'. Kiulford, 59 J. I'. 632). Sec. 46. ^ Tlie Lociil Cioveriiineiit Board have stated that the holdiiii,' Holding paid of a paid office under one authority disciualifies the holder ollices. for beiufj;' a nieuibfr of that authority only, and that the holder of a paid office under one authority is not disqualified for beinjjf n member of any other authority under which he holds no paid offic*;. Thus the medical officer of a jioor law union or any officer of a rural district council would not by reason of holdinnipt under this Section or otiierwise by law, either sliall accept fine. " the office by making and subscribing the declaration required by this Act within one month after notice of election, or shall, in lieu thereof, be liable to pay to the [3] a fine of such amount, not exceeding fifty pounds, as the [3] by regulations determine. (2) If there are no regulations determining fines, the fine shall be twenty pounds. (3) The persons exempt under tliis section are — Any jierson disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body. (4) A fine payable under this section sliall be recoverable summarily. [IJ Vestrymen, urban district councillors, rural district council- lors, or guardians, as the case may be. [2] Vestryman, urban district councillor, rural district council- lor, or guardian, as the case may be. [3] Vestry, district council, or board of guardians, as the case may be. LOCAL GOVERNMENT ACT, 1894, 191 (5) If a person is elected as [2] in more than one ward in tlie Note to [4 ) for whic-li tlie election is held, he sliiiU not iiccept office in Sec. 48. respect of more tlutn one of such wards, and if he accepts office or Municipal pays tlie fine for non-acceptance of otlice in respect ot one ward Coriioration he sliall not be liable to a fine for non-acceptance of office in *^ ' respect of nny other of such wards. (G) Any jjcrson who has been elected witliout his consent to his nomination beinji previously obtained shall not be liable to a fine under this section. 36. A person elected to the office of [2] shall not, until he has Declaration made and subscribed before two [5], or the clerk to the [3], or, if "" accept- he is absent from the United Kingdom, before a British Consul, a »"<=« of o"'". declaration in the following form, or in a form to the like etlVct, act in the office except in admhiistering that declaration : Form of Declaration on Acceptance of Office. I, A. B., having been elected [6] of [or Ward of the [7] ], hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability. Dated this'' day of ,1896. * lithe declaration is made and This declaration was made and subscribed before us* subscribed r before the I clerk or a [51 above-named^ consul, adapt ^ -^ form \_ accordingly. 239. (1) Members of the [3], or the clerk or a British Consul power to shall have authority to receive the declaration required to be made receive by a [2] without any commission or authority other than this Act. declaration. 41. (1) If any person acts in the office of [2] without having Penalty on made the declaration by this Act required, he shall for each "'^''"S ".''^[^' offence be liable to a fine not exceeding twenty pounds, recoverable declaration, by action. (2) The declaration, if made before a British Consul, shall be forthwith sent to the clerk to the [3]. 36. (1) A person elected as [2] may at any time, by writimr llesignation. signed by him and delivered to the clerk to the [3], resign the office on payment of the fine provided for non-acceptance thereof. [2] Vestryman, urban district councillor, rural district council- lor, or guardian, as the case may be. [3] Vestry, district council, or board of guardians, as the case may be. [4] Parish, ward in the urban district, parish or other area in the rural district, or parish or other area in the poor law union, as the case may be. [5] Vestrymen of the parish, members of the district council, or guardians of the poor law union, as the case may be. [6] Vestryman for the parish, urban district councillor for the urban district, rural district comicillor for the rural district, guardian for the poor law union, as the case may be. [7] Here insert the name of the ward, parish, district, or united parishes of A and B, as the ca«e may require. 192 5G & 57 VICT., c. 73. Note to Sec. 48. Municipnl Corporation Act, 1882. Re- eligibility. Casual vacancies. (2) III any such case the [3] shall forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of tlie [3], and countersigned by the clerk, and fixed on the principal external gate or door of tlie offices of the [3], and the office shall thereupon become vacant. 37. A person ceasing to hold the office of [2] shall, unless disqualified to hold the office, be re-eligible. 40. (1) On a casual vacancy in the office of [2], an election shall be held in accordance with rules framed under the Local Government Act, 1894 j 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. (2) In case of more than one casual vacancy in the office of [2] being filled at the same election, the [2] elected by the smallest number of votes shall be deemed to be elected in the place of him who would regularly have first gone out of office, and the [2] elected by the next smallest number of votes shall 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 if any doubt arises, the order of rotation shall be determined by the [3}. (3) Non-acceptance of office by a person elected creates a casual vacancy. Time for 66. (1) On a casual vacancy in the office of [2], the election filling casual s],ai| |,g ],p}(| within one month after notice in writing of the vacancy has been given to the chairman of the [3] or to the clerk by two [2]. (3) The day of election shall be fixed by the clerk to the [3]. (4) Nothing in this Act shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election. ^ As to first elections under this Act, -see Section 84 (1). ' See the scale contained in Local Government Board order of 20th Nov., 1894. ' Rules as to polls consequent on parish meetings in parishes having no parish council were issued by the Local Government Board on loth Nov., 1894, and in jjarishes having a parish council on 5th Feb., 1895 (pages 4G3 and 468). ^ The Local Government Board have been advised by the law officers of the Crown that uidess the person whose retirement has caused a casual vacancy would himself have retired at the election to be held within six months after the occurrence of the casual vacancy, a special election to fill the vacancy must be held (Local Government Chronicle, 1897, p. 8). [2] Vestryman, urban district councillor, rural district council- lor, or guardian, as the case may be. [3] Vestry, district council, or board of guardians, as the case may be. LOCAL tidVKKNMKNT ACT, 1894. 193 49. Where a parish meeting is required or authorised Sec. 49. iu pursuance of this Act to be held for a ward or other 1^,''°^^'';'°,°''* part of a parish,^ theu — meeting for (a) the persons entitled to attend and vote at the [;;'J[^°f meeting, or at any poll consequent thereon, - shall be the parochial electors^ registered iu respect of qualifications in that ward or part ; and (6) the provisions of this Act with respect to parish meetings for the Avhole of a parish,'* including the provisions with respect to the convening of a parish meeting by parochial electors,^ shall apply as if the ward or part were the whole parish. 1 See Sections 7 (4), 18, 37, 53, 56 (2), as to parish meetings for parts of parishes. 2 See Section 48 (8) as to polls. 3 For definition of parochial electors see Sections 2 (1), 44, and 75 (2). ■• -See Sections 2 and 45 and Schedule I, Part 1. ^ See Section 45 (3) ; any six parochial electors may at any time convene a parish meeting. 50. If, in the case of a rural parish or of any urban S"W|e- pai'ish in respect to which the power of appointing provisions a& overseers has been transferred under this Act,* notice 'o°^"s«"s. in the prescribed-' form of the appointment of overseers is not received by the guardians of the poor law union comprising 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 vacancy, and any overseer appointed by the guardians shall supersede any overseer previously appointed whose appointment has not been notified. Any such notice-*- shall be admissible as evidence that the appointment has been duly made. 1 The power referred to is given hy Sections 5 and 33. In the ordinary course the appointment of overseers is to be made l)y parish councils at their annual meetings, which are to be held \yithin seven days after the 15th April in each year. Casual vacancies iu the office of overseer are to be filled up by the parish council " as soon as may be " (Section 5 [1]). 2 I.e. prescribed by the Local Govei-nment Board (see paj^e 77). 3 This date is changed to the 1st of April in the orders issued by the I-ocal Government Board under Section 33, giving to district councils the power of appointing overseers. ■• /. e. any notice of the aiipoiutmeut of overseer given to the guardians in the form prescribed by the Local Government Board (see page 77). 13 194 5G & 57 VICT., c. 73. Sec. 51. Public notices. On churches and cliapels. Elsewhere. Notice of restry meetings. Parish and District Councils. 51. A public notice given by a parish council for the purposes of this Act, or otherwise for the execution of 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 persons convening the meeting desirable for giving publicity to the notice. [As to the notice to be given of the disqualification of a member of a council or board of guardians, or of the occurrence of a vacancy in the council or board through absence, see Section 46 (7).] 1 The above section must, as regards parish meetings, be read in conjunction with Schedule I, Part I, rules 2 and 3 of this Act. It is presumed that the words in Section 51 " shall be given in the manner required for giving notice of vestry meetings " will con- tinue the application of Section 1 of 58 Geo. Ill, c. 69, so far as concerns the affi.\ing of notices on churches and chapels, notwith- standing the fact that that section is jjartially repealed by Section 89 of this Act. But the notice is not only to be given in the manner hitherto required for giving notice of vestry meetings. It must also be posted in some conspicuous place or places in the parish ; and if these are not deemed sufficient by the parish council, notice may also be given in some other manner, e.ff. by distributing handbills, or by advertisement in newspapers. The manner of giving notice of vestry meetings was regulated as follows : 1. Section 1 of 58 Geo. Ill, c. 69, provided that no vestry or meet- ing of the inhabitants in vestry of or for any parish should be holden until public notice had been given of such vestry, and of the place and hour of holding the same, and the special purpose thereof, three* days at the least before the day to be appointed for holding such vestry, by the publication of such notice [in the parish church or chapel on some Sunday during or immediately after divine service], and by affixing the same, fairly written or printed, on the principal door of such church or chapel. The words in brackets were impliedly repealed by Section 2 of 1 Vict., c. 45, which provides that all proclamations or notices, which under or by virtue of any law or statute, or by custom or otherwise, have been heretofore made or given in churches or chapels during or after divine service, shall be reduced into writing, and copies thereof, either in writing or in print, or partly in writing and partly in print, shall previously to the commencement of divine service on the several days on which such proclamations or notices have heretofore been made or given in the church or chapel of any parish or place, or at the door of any church or chapel, be affi.xed on or near to the doors of all the churches and chapels within such parish or plaf-e ;" * See Schedule I, Part 1, rules 2 and 'S, as to length of notice in future. LOCAL GOVERNMENT ACT, 1894. 195 By Section 7 of 58 Geo. Ill, c. G9, where there is no parish Note to church or chapel, the notices required to be given of a vestry meet- Sec. 51. iug may be ijiven or published in such manner as such notices h.ive been there usually given and published, " or as shall be most effectual for communicatintr the same to the inhabitants of every such parish, township, vitl, or place respectively." As to signature ot the notice see Schedule I, Part I, rule 2. Signature of notice. 62. (1) Any power wliicb may be exercised and any ^'"^PPJ^'j' g. consent which may be triveu by the owners and rate- visions as to payers of a parish or by the majority of them under p:^[^;^ "^ anv of the Acts relatiner to the relief of the poor or 1? & isvict., under the School Sites Acts' or the Literary and Scien- •=• ^-• tific Institutions Act, 1854, so far as respects the dealing- with parish property or the spending of money or raisin;^ of a rate may, in the case of a rural parish, be exercised or given by the parish meeting of the parish. (2) In a rural parish the power of making an application or passing a resolution given by Section 3.s&34Vict., twelve^ of the Elementary Education Act, 1870, and by ^g^s^-j^, vict., Section forty-one'^ of the Elementary Education Act, c. 79. 1876, to the e'lectingbody mentioned in the formersection shall be transferred to the parish meeting of the parish, and shall in cases under the latter section be exercisable by the like majority of the parish meeting, and, if a poll is' taken, of the parochial electors, as is required by that section in the case of the said electing body,iind rule two of the Second Part of the Second Schedule to the former Act with respect to the passing of such resolutions shall not apply. (3) The consent of justices shall not be required for the sale of land belonging to a parish which has been used for materials for the repair of highways or for the purchase of land with the proceeds of any such sale.* (4) Where the legal estate in any property is vested in the churchwardens and overseers of any parish by virtue of the Poor Relief Act, 1819,-^ nothing in the .^a Geo. iii. Charitable Trusts Acts, 1853 to 1891,« shall be deemed ' - to require the consent of such churchwardens and over- seers in their capacity as a cori:»oration under that Act, or of the parish council as their successors," to a vesting order under those Acts dealing with the said legal estate. Provided that nothing in this section shall affect any rights, powers, or "duties of the church- wardens and overseers or the parish council, in cases where they have active poAvers of management. (5) All enactments in any Act, whether general or local and personal,^ relating to any powers, duties, or 190 56 tl' 57 VICT., c. 73. Sec. 52. liabilities transferred by this Act to a parish council or parish meeting from justices or the vestry or overseers or churchwardens and overseers shall, subject to the 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 churchwardens and overseers, referred to the parish council or parish meeting as the case requires, and the said enactments shall be construed with such modifi- cations as may be necessary for carrying this Act into effect. 1 The School Sites Acts are the 4 and 5 Vict., c. 38; 7 and 8 Vict., c. 37; 12 ami 13 Vict., c. 49 ; 14 and 15 Vict., c. 24; 15 and 16 Vict., c. 49. - Section 12 of the Elementary Education Act, 1870, empowers the Education Department to form a school hoard without public inquiry on receiving application from [the parish meeting] of a parish. ' Section 41 of the Elementary Education Act, 1876, relates to the dissolution of scliool boards which have no schools and no school sites under their control, in districts where there is sufficient scliool accommodation. The majority required by this section is a majority of not less than two-thirds of those who shall vote upon the occasion. * As to such sales and purchases of laud as are here referred to seethe enactments in 5 and G VVm. IV, c. 50, s. 48; 8 and 9 Vict., c. 71, s. 1, relating to highways ; the Sale of Exhausted Parish Lands Act, 1876 ; the Union and Parish Property Act, 1835 ; the Parish Property and Parish Debts Act, 1842 ; and the Inclosure Act, 1845, s. 72. Lands vested 5 Section 17 of the Poor lielief Act, 1819, enacts as follows :— wardens^nd " ^^^ buildings, lands, and hereditaments, which shall be purchased, overseers. hired, or taken on lease, by the churchwardens and overseers of the poor of any parish, by the authority and for any of the purposes of this Act,* shall be conveyed, demised, and assured to the church- wardens and overseers of the poor of every such parish respectively, and their successors, in trust for the parish ; and such church- wardens and overseers of the poor and their sticcessors, shall and may and they are hereby empowered to accept, take, and hold, in the nature of a body corporate, for and on behalf of the parish, all such buildings, lands, and hereditaments, and mIso other build- ings, lands, and hereditaments belonging to such parish ; and in all actions, suits, indictments, and other proceedings for or in relation to any sncli buildings, land, or hereditaments, or the rent thereof, or for or in relation to any other buiklings, lauds, or hereditaments belonging to such parish, or the I'cnt thercoi', .... it shall be sufficient to name tlie churchwardens and overseers of the poor for the time being, describing them as churchwardens and overseers of the poor of the parish for which they shall act, and naming such parish ; and no action or suit, indictment, or other * The purposes here referred to are the building of workhouses (Section 8), and the provision of land for the employment of the poor (Section 12). LOCAL UOVKKNMKNT ACT, 1894. 197 proi'cfirnis; shall t-oase, abate, nr be discontinued, quashed, defeated, Note to or iiuiu-dc'd, by tlic tU-atli of the churfhwardeus and overseers named Sec. 52. in such proceeiliiij;, or the deaths or death of any of them, or by their removal or the removal of any of them from, or the exjiira- tion of, their respective offices." '^ As to the Acts iiiclnded in this expression, see note 1:5 to Section 8, nn/e. ' In re Hackney Charities (11 L. T. [n. s.] 35), lands had been devised nnto the poor of a parish to be distributed by the church- wardens ; and other land was conveyed to trustees ui)On trust to permit the cliurchwardens to receive the rents and to apply them for the relief of the poor of the parish. It was held that the land was vested in the churchwardens and overseers as a corporation under Section 17 of the Poor Relief Act, 1819, and that the Charity Commissioners had no power to appoint trustees of such land under Section 48 of the Charitable Trusts Act, 1853, with- out the consent of the churchwardens and overseers. It appears that in future such property may come under the o])e- ration of the latter part of Section 14 (2) of the Local (iovern- ment Act, 1894; and also that where a vesting order dealing- with it can be made under tlie Charitable Trusts Acts, the consent fif the churchwardens and overseers, or of the parish council as their successors, will no longer be required unless they have active powers of management. It has been held that Section 17 of the Poor Eelief Act, 1819, applies to freehold (but not copyhold) land held generally in trust for a parish. Where, however, freehold lands are held upon special trusts for a parish, they are not within the statute, and are not thereby vested in the churchwardens and overseers. Li re I'adding- ton Charities, 8 Sim. G29 ; 7 L. J. Ch. 44. * See Section 75, p. 228. 53. (1) Where on the appointed dayi any of the fjpP'^'^^^'^i^^g adoptive Acts- is in force in a part only of a rviral hs to ndop- parish, the existing authority under the Act, or the "^'^ ^'^'*- parish meeting for that part,-* may transfer the powers^ duties, and liabilities of the authority to the parish council,^ subject to any conditions with respect to the execution thereof by means of a eommittee+ as to the authority oi' parisli meeting may seem fit, and any such conditions may be altered by any such parish meeting. (2) If the area on the appointed day^ luider any authority under any of the adoj^tive 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 comprised 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, be exercised by a joint committee appointed by those councils.^ Where any such rural parish has not a parish council the parish meeting shall, for the i>ur- 198 Sec. 53. 56 & 57 VICT., c. 73. poses of this provision, be substituted for the parish councib*' (3) The property, debts, and liabilities of any autho- rity under any of the adoptive Acts- whose powers are transferred iu pursuance of this Act shall continue to be the property, debts, and liabilities of the area of that authority, and the proceeds of the property shall be credited, and the debts and liabilities and the expenses incurred in respect of the said powers, duties, and liabilities, shall be charged to the account of the rates or contributions levied in that area, and where that area is situate in more than one parish the sums credited to and paid by each parish shall be apportioned^ in such manner as to give effect to this enactment. (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. 1 See Section 84 (4) as to appointed day. - See Section 7 as to adoptive Acts. ^ See Section 49. •• As to the general effect of the transfer of powers and duties from one authority to another .see Section 67. As to the appoint- ment of committees see Section 56 (2). ^ As to the appointment of joint committees by two or more parish or district councils see Section 57. ' As to parish meetings for parislies which have no parish council see Section 19. ^ The adjustment of debts and liabilities is dealt with in Section 68. " As to alteration of boundaries see Sections 36 and 69. Effect on 54. (1) Where a new borough is created, or any council of other new urban district is constituted, or the area of an consutution urban district is extended, ^ then — district. (a) as respects any rural parish or part of a rural parish which will be comprised in the borough or urban district, provision shall be made, either by the constitution of a new parish, or by the annexation of the parish or parts thereof to another parish or parishes, or otherwise, for the appointment of overseers^ and for placing the parish or part in the same position as other parishes iu the borough or district, and (b) as respects any parish or part which remains rural, j)rovision shall be made for the constitution U & 46 Vict., c. 50. LOCAL GOVKKNMENT ACT, 1894. 199 of a new parish council for the same, or for the Sec. 54. 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) provision shall also where necessary be made for the adjustment- of any property, debts, and liabilities affected by the said creation, constitu- tion, or extension. (2) The iirovision aforesaid shall be made — (a) Where a new borough is created, by a scheme under Section two hundred and thirteen of the Municipal Corporations Act, 1882 ; (b) Where any other new urban district is con- stituted, by an ox'der of the county council under Section fiftv-seven'^ of the Local Government Act, 1888 ; ' (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. 5i&.52Vict., (3) Where the area of an urban district is diminished this section shall apply with the necessary modifications. 1 For provisious as to the powers of county councils in regard to the creation of new boroughs and urban districts see Sections 56 and 57 Local Government Act, 1888, and Section 36 of the Act of 1894. For provisions respecting the appointment of overseers in urban districts, see Sections 33 and 34- of the Act of 1894. - For provisions as to adjustments see Section 68. ^ These sections are set out in the note to Section 36, ante, p. 161. A copy of every order made by a county council or joint committee in pursuance of this Act must be sent to the Local Government Board, and if it alters any local area or name, also to the Board of Agriculture (Section 71). 55. (1) Whei'e a parish is divided or united or Power to grouped with another parish by an order in pursuance ot'district of this Act each new parish or group so formed shall "r parish. bear such name as the order directs.^ (2) Where a parish is divided by this Act, each parish so formed shall bear such name as the county council dii'ect.^ (3) Any district council may, with the sanction of the county council, change their name and the name of their district.- (4) Every change of name made in pursuance of this section shall be itublished in such manner as the authority authorising the change may direct, and shall be notified to the Local Government Board. ^ 200 5G iK: 57 VICT., r. 73. Sec. 55. (.5) Any such cliange of name shall not afifect any rights or obligations of any parish, district, council, authority, or jktsou, or render defective any legal pro- ceedings, and any legal proceedings may be continued or coninieuced as if there were no change of name.* 1 See Sections 1 (3), 3 (9), 3G, 38, and 39. Tlie order re fereed to in this sub-section is made by a county council. The expression " county council " here includes the council of a county borough. See Sections 4U and 71 as to confirmation of orders and sending copies to the Local (lowrnmcnt lioard. ■^ Under Section 311 Public Health Act, 1875, the sanction of the Local Government Board lind been necessary to enable a local board to change its name. Now that sanction will be no longer required, tlie sanction of the county council being substituted. Notification of the change to the Local Government Board will, however, be necessary. As to the efiect of a chanue of the name of the local authority upon stocks, shares, or securities standing in the name of the authority, -vee the Local Government (Stock Transfer) Act. 1895, appendix, p. 396. •' Where the change of name is effected by order, a (;opj' of the order must be sent to the Local Government Board and Board of Agriculture (Section 71). * As to the effect of the change of name of an urban sanitary authority see also Section 85 (5). [As to alterations in poor-law unions see note to Section 36 (6).] Committees of parisli or district councils. 56. (1) A parish or district council may a2)point com- mittees, ^ consisting either wholly or partly of members of the council, for the exercise of any powers which, iu the opinion of the council, can be properly exercised by committees, l)ut 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 |)urposes of the Public Health Acts' or Highway Acts, the council may authorise the committee to institute any proceeding or do any act which the council might have instituted or done for that purpose other than the raising of any loan or the making of any rate or contract. (2) Where a parish council have any powers and duties which are to be exercised in a part only of the parish,-' or in rehition to a recreation ground, building, or property held for the benefit of a part of a parish, and the part has a defined l)oundary,''^ the parish council shall, if required by a parish meeting held for that part, appoint annually to exercdse such powers and duties a committee consisting partly of members of the LOCAL CiUVKKN-MKNT ACT, 189-1. 201 couucil and partly of other persons repre8entin<^ the Sec. 56. said part of tht.' j^arish. (3) With rt'Si)Oct to committees of i)arisli and dis- trict councils the jtrovisioiis in the First Schedule to this Act shall have effect." (4) This section shall not apply to the council of a borough. [This section replaces Sections 200 and 201 of the Public Health Act, 1875. Both these sections (except so much of Section 200 as applies to boroughs) are repealed by the present Act.] ' Compare Section 15 as to conunittees. " The annual meeting of a ])arish council must be held on or within seven days after the 15th Ajn-il in each year (Section 3, [4] and [7]). The annual meetings of urban and rural district councils are to be held as soon as convenient after the 15th April (see Section 59' and Schedule I of Public Health Act, 1875, and Pule 11, p. 384). 2 See Sections 7 [4], 18, 37, 4!), and 53 as to parish meetings for part of a parish. * See note to Section 37 (p. 165). 5 See Schedule I, Part 4 (p. 248). 57. (1) A parish or district couucil niav concur^"'"'..,. ■ ^ ^ ■ ^ t- -i ' •!• Committees. Avith any other parish or district council or councils m api>ointing out of their respective bodies a joint coin- mittee' for any purpose in respect of which they are jointly interested, and in conferring, with or without conditions or restrictions, on any such committee any powers which the appointing council might exercise if the pnirpose related exclusively to their own parish or district. (2) Provided that a council shall not delegate to any such committee any power to borrow money or make any I'ate. (3) A joint committee appointed under this section shall not hold oflBce beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it.-^ (4) The costs of a joint committee under this section shall be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difference by the county council. (5) Where a [larish couucil can under this Act be required to apjioint a committee consisting partly of members of the council and jiartly of other jiersons, that re([uireiueut may also be made in the case of a joint committee, and shall be duly complied with by the j)arish councils concerned at the time of the appoint- ment of such committee. 2 202 56 i^' 57 VICT., C. 73. Note to ^ Compare the provisions of Section 81, Local Government Act, Sec. 57. 1>S88, as to joint committees of county councils. Tlie number of persons to constitute a joint committee under tlie Act of 1894 must be settled by the councils l)y which the committee is ap- pointed. Tlie provisions of this section (57) have been sometimes employed l)y district councils to provide for the management of an isolation hospital whieh was originally erected for the use of a district which lias since become divided into two or more districts. Two or more district councils nniy also unite to appoint a joint committee under this section to manage a hospital whicli they intend to erect. The difficulty of employing the section for this purpose consists in the fact that tlie joint committee ciinnot, ns such, hold land or borrow money. This difficulty can be avoided by proceeding under Section 279 of the Public Health Act, 1875, whidi empowers the Local Government Board to issue a provisional order constituting a united district. In the lutter case the order would usually give such additional powers as the circumstances require. See Sections 279-286, Public Health Act, 1875, in the Appendix. Where a joint committee is formed for any purpose under Section 57 the fact should be notified to the Lociil Government Board. - The annual meeting of a parish council must be held on or within seven days after the 15th April in each year (Section 3, [4] and [7]) : the annual meeting of a local board ;)s soon hs may be con- venient after the loth April in each year (Pul)lic Health Act, 1875, Schedule I [11]). The rule as to local boards will in future apply to urban and rural district councils {see Section 59 :ind p. 437). ^ See, for instance. Section 56 (2). Where Ijefore the passing of this Act a recreation ground, building, or property was held for the benefit of a piirish wiiich, in consequence of the provisions of this Act, became divided, sub-section (5) provides a method of managing the property by means of a mixed joint committee chosen from the parts of the old parish affected by the change. So where two or more parishes unite for the purpose of providing baths and wash- houses, they can act under Section 57 instead of under Section 19 of the Baths, &c., Act, 1846. 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 required 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 Boai'd prescribe. (2) The said accounts shall, except in the case of accounts audited by the auditors of a borough, (but inclusive of the accounts of a joint committee appointed by a borough council with another council not being a borough council,) be audited by a district auditor," and the enactments relating to audit by district auditors of LOCAL GOVERNMKNT ACT, 1894. 203 ticcuLiuts of urban sauitarv authoi'ities^ and their officers, Sec. 58. and to all tnattors iucideutal thereto and consequential thereon, shall apply accordiuglj, except that in the case of the accounts of rural district councils, their com- mittees and officers, the audit shall be half-yearly instead of yearly. (3) The Local Government Board may, with respect to any audit to which this section ap]dies, make rules modifying- the enactments as to publication of notice of the audit and of the al)stract of accounts and the report of the auditor.-' (4) Every parochial elector^ of a rural parish may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the parish council of the parish or parish meeting. (5) Every parochial elector* of a parish in a rural district may, at all reasonable times, without j^ayment, inspect and take copies of and extracts fi-om all books, accounts, and documents belonging to or under the control of the district council of the district. For provisions as to audit of accounts up to the date of the coni- niencement of this Act see Section 85. 1 See sub-section (2) as to accounts which are audited half- Half-yearly yearly. audit. - District auditors are appointed by the Local Government Board Audit under the District Auditors Act, 1879. That Act empowers the generally. Local Government Hoard to make reg^ulations as to the audit of accounts, the form in which the accounts are to be kept, the mode in which they are to be certified by the local autliority or any officer of that authority, &c. For information as to this, reference should be made to the order in force for the time being affecting the ac- counts of the particular authority concerned. Xumerous orders have been issued prescribing the form of the accounts to be kept by the different councils. These orders are not printed in the Appendi.\, but copies of them can be obtained by local authorities from the Local Government Hoard. •* 6Ve Section 247 of tlie Public Health Act, 1875. IJy orders L. G. B. dated respectively 20th May, ISl'o, and 26th July, 1895, tfie Local ^rJers. Government Board have modified Sections 217 (3) and 247 (10), so as to make them applicable to the a\ulit of accounts (1) of rural district councils, parish councils, parish meetings, and joint com- mittees; and (2) of joint committees of district councils, or of district councils iind parish councils or parish meetings. The orders are printed in the Appendix. The following extracts trom circulars of the Local Government L. G. B. Hoard, dated 24th May, 1895, and 29th July, 1895, rehite to the circulars as audit of accounts of riual district cDuncFls, parish councils, parish ""^ "*' meetings, and joint committees under the new regulations : 1. Rural District Cou)iciL\: These councils must give notice by advertisement in a local Notice of newspaper of the time and place of audit, and of the deposit of audit. JU4 56 & 57 VICT., (J. 73. Note to accounts. Tlie production of the newspaper contaiiiintj the notice Sec. 58. is sufficient proof thereof. Tlie provisions of the Public Health Act, 1875, as to advertisiui; the audit and the deposit of the accounts, are not niodilied, and rural district councils must give notice by advertisement, in conforniitj- with sub-section (3) of Section 247 of the Public Health Auditor's Act, 1875. The auditor must make a report to the Hoard on the report. accounts of the rural district councils audited by him, but he is not required to report thereon to those councils. The council, on tlie completion of the audit, must jjublish an abstract of their Publication accounts in one or more of the local newspapers. The accounts of of arcouiits. i-ural district councillors, their committees and officers, are audited half-yearly. 2. Parish Councils. Kotice of Parish councils need not give notice by advertisement in a local audit. newspaper of the audit or of the deposit of their accounts. The clerk, or if there is no clerk, the chairman is required to give at least fourteen days' notice of the time and place of audit, and of the deposit of the accounts, and to forward to the auditor a certi- ficate that such notice has been duly given. The following is the manner of giving the notice and the form of certificate prescribed by the lioard : — The clerk, or if there is no clerk, the chairman must, as soon as he receives notice from the district auditor of the day appointed by him for the auditing of the accounts of the parish council, cause public notice, in a form supplied to him, to be posted on or near to the principal door of each church and chapel in the ])arish, and in some conspicuous place or places in the parish ; and the clerk or chairman, as the case may be, must immediately after he has given such notice send to the auditor a certificate of due publication in the form supplied. The production of tlie certificate is a sufficient proof of due notice of audit in any proceeding ; and if the certificate cannot be produced, the i)roductiou of the newspaper containing the adver- tisement of the time of commencement of the audit of the accounts of the union and of the parish councils therein is sufficient proof of the notice having been given. Auditor's The auditor reports to the Hoard on the accounts of any parish veport. council audited by him, but it is not his duty to report thereon to the parisli council. The ])arisli council need not publish an abstract of their accounts, but they must submit to the parish meeting, held next after the completion of the audit, a copy of the financial statement as certified by the district auditor. 3. Parish Meetings. The provisions as to the audit of the accounts of parish meetings, and of the deposit of their accounts, are similar to those prescribed with respect to parish councils. The manner of giving notice of the time and place of audit, and of the deposit of the accounts, is j)rescribed by the Board's order relating to the financial statement of parish meetings. The chairman must cause the necessary notice to be given. The auditor's report is not to be made to the pai'ish meeting. It will be made to the Hoard in the same manner as a report on the accounts cjf a jjarish council. A parish meeting is not required to publish an abstract of the accounts. LOCAL GOVERNMENT ACT, 1S94. 205 4. Joint Committees. Note to Sec. 58. The above rules iipply to any joint conuuitteo of parish couiieils or parish meetings, or of purish councils and parisli meetings, as if the committeo were a parisii council. Joint L'ommitteks of Distkict Councils, oa of Distbict COCNCILS ANU PaHISH .COUNCILS OB PaBISH MEETINGS. The clerk to the joint committee, after receiving the requisite Notice of uotice of the appointment of the audit from the auditor, must give, "'"I't- either by posting or by advertisement in one or more local news- papers circulated within the district, at least fourteen days' notice of the time and place at which the audit will be commenced, and of the deposit of the accounts re(iuiretl ; and, on such notice being given, he must forward to the auditor a certificate to this elfect in a form prescribed by the Hoard. If the notice is given by posting, the form of the notice and the manner in which it is posted must be in the prescribed form. The notice must be posted on or near to the principal door of each church or chapel in the district in respect of which the com- mittee shall have been appointed, and in some conspicuous place or places in such district. With regard to the deposit of the accounts, sub-section (4) of Depositor Section '2V1 of the Public Health Act, 1875, requires that a copy of iiccouiits. the accounts duly made up and balanced, together with all account- l)ooks, deeds, contracts, accounts, vouchers, and receipts mentioned or referred to in such accounts, shall be deposited in some place which for this purpose must be deemed to be the office of the joint committee, and be open during office hours to the inspection of all persons interested for seven clear days before the audit. All such persons will be at liberty to take copies of or extracts from the documents referred to without fee or reward. The auditor need not report to the joint committee on their Auditor's accounts ; the joint couiniittee are not obliged to publish an abstract report, of the accounts iu a local newspaper ; but the joint committee must submit to the authorities by whom they have been appointed at the meeting of the authorities respectively held next after the completion of the audit a copy of the tin;incial statement of the accounts of the joint committee, as certified by the district auditor. Cost of Audit. Under Section 3 of the District Auditors Act, 1879, the joint committee should prepare and submit to the auditor at the audit a financial statement in duplicate, in a form prescribed by the Hoard. The statement should be on foolscap paper of the usual size. The District Auditors Act, 1870, provides that there shall bo charged on every local authority whose accounts are audited by a district auditor a stamp duty, according to a scale based upon the amount of the expenditure included in the financial statement. !06 50 \- 57 VICT., c. 73. Note to The following is the scale of stamp duties prescribed hy the Sec. 58. Act: " District audit" stamp. Production of books at audit. Wliere tlie totnl of tlie e.vi)en(liture i-oinprised in the fiuHucial stiiteiueiit is Under £20 £20 £50 £100 £500 £1,000 £2,500 £5,000 £10,000 £20,000 £50,000 £100,000 uud under and under and under and under and under and under and under and under and under and under and upwar £50 £100 £500 £1,000 £2,500 £5,000 £10,000 £.0,000 £50,000 £100,000 ■ds Tlie sum sliall be 5«. 10s. £1 £2 £3 £4 £5 £10 £15 £20 £30 £50 The stamp must be affixed to or impressed tipon the financial statement, and the Commissioners of Inland Revenue have provided adhesive stamjis, bearing tlie words "district audit," representing the value of 5s., 10s., £1, £2, and £5, and such stamps will be supplied oh application to any distributor or sub-distributor of stamps. The commissioners require that where the duty exceeds £5 it should he denoted by an impressed stamp, and any financial state- ment liable to dtity above this amount will, on being presented to any distributor oi' sub-distributor, he forwarded by him, free of expense, to the Inland Revenue Department, in order that it may he impressed with the required stamp. Where any doubt is felt as to the amount of expenditure upon which the stamp is to be assessed, the affixing of the stamp may he postponed until the question has been submited to the district auditor and determined by him. Instructions issued by the Local Government Board as to the books and accounts loMch should be produced at audit by parish councils and parish meetings, and their officers. The following books, &c., should he produced at audit: — 1. Miimte book. 2. The book containing tlie entries of the moneys received and paid by the parish council or parish meeting during the year ended on the 31st of March. 3. The bank pass hook, or treasurer's account. 4. Vouchers for all payments, and also all cheques cashed by the treasurer during the year. 5. A cash book, or other personal cash account of any officer who may have received and paid any money on behalf of the parish council or parish meeting during the year. 6. Any other books, such as receipt check books or rentals, documents, agreements, or contracts relating to receipts or payments by or on behalf of the parish councif or parish meeting. 7. A financial statement of receipts and payments in duplicate in the form prescribed by the Local Government Board. One of the duplicates must bear a " District Audit " stamp of the proper value. No other description of stamp can be accepted. N.U.— All accounts should be made up and LOCAL <:(»vki;nmknt act, 1894. 207 balaiiifd to the '61st of Mareli, iiiul must be strictly coiitined to Note to recordiug the transactions up to that date. Sec. 58. Overseers are required to prodnce at the andit — The rate books, Ovtreccrs' witli all the cohnnns properly tilled up, east up, and bahiueed. hooks. The valuation list last approved, any subseipieut supplementary lists, and all notices fi'oni the assessment committee of amend- ment in the valuation list in pursuance of 27 and 28 Vict., cap. X^ sec. 1. The rate receipt check hooks, with the date of payment in each case inserted in the counterfoil. The general receipt check book. The overseers' book of receipts and payments duly filled up, balanced, and signed by the overseers. The balance- sheet in duplicate duly filled up, and receipts and vouchers for all payments made by the overseers. The bankers' pass book, if any. The copies of the ffionthly statements received from the assistant overseer or collector. All agreements made with, and notices given to, them relative to the payment of the rates by owners, under the provisions of " The Poor Kate Assessment and Collection Act, 1869 " (32 and 33 Vict., cap. 41). Assistant overseers and collectors are, in addition to the above, Assistant to produce the warrant of appointment, if appointed by justices, o'^erseers. the book of monthly statemeuts, the collecting and deposit book, ° the instalment rate receipt check book, if any, the unpaid rates statement, and a certificate or proof that each of the sureties named in the bond is liviug and is not bankrupt or insolvent. It is requisite that one at least of tiie overseers whose accounts are to be audited shall personally attend the andit (as well as the assistant overseer or collector, if any). Surveyors of highways are required to produce at the audit — Highway The surveyor's appointment, in all cases signed by the chairman of surveyors, the vestry, parish council, or parish meeting not having a parish council, as the case may be, and where a salary is paid, stating the amount fi.xe^i by the authority making the appointmenc. If the surveyor has ceased to hold office he should also deliver to the auditor a statement, in writing, ot the nauie and residence of the person appointed to succeed him as surveyor, and at the same time produce proof of the payment to such successor of the balauce in hand at Lady Day. The rate books, duly signed, with the columns of the rate collection account properly filled up, cast up, and balanced. The rate receipt check books, with the date of payment in each case inserted in the counterfoil. The surveyor's repairs e.\penditure account, receipt and expenditure account and stores account, duly tilled up, balanced, and where requisite signed by the surveyor. The financial statement in du))licate, duly filled up and signed, and one of them duly stamped. Receipts and vouchers for all payments made by the surveyor. The banker's pass book, if any. All notices given to the surveyor relative to the payment of the highway rates by owners under the provisions of the Poor Rate Assessment and Collection Act, 1809 (32 and 33 Vict., c. 41), as e-xtended by the Highwav Rate Assessment and Expenditure Act, 1882 (45 and 4G Vict., c' 27). If there be a collector there should be produced, in addition to Collectors, the above, his appointment by the surveyor and the minute book of the vestry, parish council, or parish meeting not having a parish council, containing the resolution of vestry, parish council, or parish meeting respectively as to the allowance to be made to the col- l.cctor. It i8 i-equisite that one at least of the surveyors, whose accounts 208 56 & 57 VICT., c. 73. Note to Sec. 58. Disallow- ances ami surcliargrs. L. G. B. insiructioiig. are to be audited, sliiill personally attend the audit (as well as the collector, if any). The follo\vin<^ provision relates to the Declaration as to Accounts which the auditor is empowered to require. By the Statute 7 and 8 Vict., c. 101, s. 33, it is enacted that "it shall be lawful for any such auditor to require any person holding or accountable for any money, books, deeds, papers, goods, or chattels relating to the poor's rate, or the relief of the poor, to produce to such auditor his accounts and vouchers, and to make or sign a declaration with respect to such accounts ; and so often as such person neglects, or refuses to attend either at the audit or any adjournment thereof when sO*' required by such auditor, or to produce to him such accounts or vouchers, or any of them, or to make or sign a declaration with respect to his accounts, if thei'e- uuto required by such auditor, lie shall be liable for every such refusal or neglect to forfeit Forty Shillings, to be recovered as penalties and forfeitures under the said lirst-i'ecited Act [Poor Law Amendment Act, 1834], or if he wilfully make or sign a false declaration in respect of such accounts, he shall be liable to the penalties of perjury." Ieeegtjlaeities in Accounts. Where the accounts show that sums have been paid for which there is no authority the auditor may either disallow the expendi- ture or adjourn the audit in regard to the particular items objected to, in order that application may be made to the Local Govern- ment Board for sanction to the expenditure under the Local Authorities (Expenses) Act, 1887. If sanction is refused and the payment is disallowed or surcharged, the person or persons afPected may appeal to the Local Government Board. Appeal against Disallow^ances and Subchaeges. Instructions issued hy the Local Government Board as to the mode of appealing to the Local Government Board against Disallowances and Surcharges by a District Auditor. (i) By Membees and Officees of Local Autiioeities. 1. If a person affected by a district auditor's certificate of dis- allowance or surcharge, as the case may be, is aggrieved by the decision of the auditor, he may appeal against it to the Local Government Board. 2. The Board, upon appeal being made to them, are empowered to decide as to the lawfulness of the reasons stated by the auditor for the disallowance or surcharge, and where they uphold his deci- sion they may, upon payment of the costs (if any) incurred by the auditor in taking steps to enforce payment of the money certified, remit tht; disallowance or surcharge, if they corisider that the subject-matter thereof was incurred under such circumstances as make it fair and equitable that this course should be taken. 3. If the person aggrieved decides to appeal, he must, unless the auditor has already entered his reasons in the book of account in which the disallowance or surcharge was made, apply to the audi- tor to enter his reasons in tliat book, and for this purpose the book should lie submitted to the auditor. 4. When the auditor lias entered his reasons, an exact copy of them and also a copy of the auditor's certificate, including his LOCAL GOVERNMENT ACT, 1894. 209 signature and tlie date of the certificate, should he forwarded to Note to the Board with the appeal. Sec. 58. 5. The appeal should he hy letter (on foolscap paper), addressed Disallow- to the Secretary of the LocmI Government Hoard, Whitehall, auces and London, and must be signed by the appellant in his own hand- surcharKeB: writing^. Where two or more persons are mentioned in the audi- *'*''* *' tor's certificate, the appeal must be signed by each of those desirous of appealing. 6. The appeal should contain a full statement of the facts which the appellant may desire to lay before the Board ; and the grounds upon which the appeal is made should be explicitly set out. If there are any (1) Cheques, (2) Bills, (3) Vouchert;, or (4) Other papers or documents bearing upon the uiattei", they should be forwarded to the Board, with the appeal ; and where there are resolutions of the local authority with reference to the subject-matter of the expenditure, copies of the resolutions should also be sent. 7. Unless an appeal he made against the auditor's decision, the sum certified by him to be due must be paid over as follows : (a) Money certified to be due in the accounts (including ac- counts of officers) of a (1) County council, or (2) Visiting committee of a lunatic asylum belonging wholly or in part to a county council, or (3) Urban district council, or (4) Rural district council, or (5) Parish council or parish meeting, must be paid withiu fourteen days to the treasurer of the autho- rity ; or in the case of a parish council or parish meeting having no treasurer, to the person or persons who receive money on their behalf. (6) Money certified to be due in the accounts (including the accounts of officers) of a (1) Board of guardians, or (2) Board of management for a school or asylum dis- trict, or (3) School board, or (4) Highway board or a board for repair of the high- ways in a highway parish, or from a (5) Manager of a school under a school board, must be paid over within seven days to the treasurer of the au- thority; or, in the case of a highway authority whose powers have been transferred to the rural district council, to the treasurer of that council. (ii) By Pahish Officehs. 1. Persons from whom a district auditor certifies any money to be due in accounts relating to the undermentioned rates, unless they appeal against the auditor's decision, are required by law to pay over the money certified within seven days from the date of the certificate, as hereinafter mentioned. Rates levied by Overseers. (a) Money certified in the poor rate accounts must be paid to the union treasurer, exaept where an amount of less than 14 210 56 & 57 VKJT., c. 73. Note to Sec. 58. Disallow- nDces and surcharges : appeals. £2 is certified to be due from overseers, in which case the money may be paid over with the balance to the succeeding overseers. (J) Money certified in the separate sanitary rate account must be paid to the treasurer of the rural district council. (c) Money certified in the lighting rate account to the trea- surer of the lighting inspectors or other authority for the execution of the Lighting and Watching Act, 1833. (d) Money certified in the separate burial rate account to the treasurer of the burial board or other authority for the execution of the Burial Acts. (e) Money certified in the separate school board rate account to the treasurer of the school board. Rates levied by Parish Highway Officees. (A) Money certified to be due from surveyors of highways must be paid over to the surveyors in oflice at the date when the payment is made; or, if the powers of the surveyors have been transferred to the rural district council, to the treasurer of that council. (i) Money certified to be due from collectors appointed by the surveyors must be paid over to the surveyors in office at the date when the payment is made; or, if the powers of the surveyors have been transferred to the rural dis- trict council, to the treasurer of that council. (J ) Money certified to be due from waywardens of highway parishes within the districts of highway boards, or from collectors appointed by such waywardens, must be paid to the treasurer of the highway board; or, if the powers of the highway board have been transferred to the rural district council, to the treasurer of that council. 2. Any person affected by a district auditor's certificate of dis- allowance or surchage may, if he feels aggrieved by the auditor's decision, appeal to the Local Government Board, who are empowered to decide as to the lawfulness of the reasons stated by the auditor for his decision ; and where they uphold the disallowance or sur- charge, they may, upon payment of the costs (if any) incurred by the auditor in taking steps to enforce payment of the money cer- tified, remit the disallowance or surcharge, if they consider that the subject-matter of it was incurred under such circumstances as make it fair and equitable that this course should be taken. 3. Any person desiring to appeal must, unless the auditor has already entered his reasons in the book of account in which the disallowance or surcharge was made, apply to the auditor to enter his reasons in that book ; and for this purpose the book should be submitted to the auditor. 4. When the auditor has entered his reasons, an exact copy of them and also a copy of the auditor's certificate of disallowance or surcharge, including his signature and the date of the entry, should be forwarded to the Board with tlie appeal. 5. The appeal should be by letter (on foolscap paper), addressed to the secretarj' of the Local Government Board, Wliitehall, London, and must be signed by the appellant in his own hand- writing. Where two or more persons are mentioned in the audi- tor's certificate, the appeal should be signed by each of those desirous of appealing. 6. The appeal should contain a full statement of the facts which the appellant may desire to lay before the Board, and the grounds LOCAL GOVERNMENT ACT, 1894. 211 upou which the appeal is made should be explicitly set out. It' Note to there are any Sec. 58. (1) Bills, (2) Vouchers, or (3) Other papers or documents hearing upon the matter, they should he forwarded to the Board with the iippeal. Any ratepayer or owner of property in the district may he present Persons who at the audit of accounts of receipts and expenditure under that '""/.'"i.t Act of urhan authorities other than horough councils, and may jmjitg. make any objection to such accounts before the auditor, and may also appeal to the Local (lovernment Board against the auditor's decision. This section will in future apply to the audit of accounts of parish meetings, parish councils, rural district councils, and all urban district councils except those of municipal boroughs, with the exception that the accounts of rural district councils will be audited half-yearly (Section 247, and p. 489). In l)oroughs the accounts are audited by auditors chosen by the HorouKli mayor and burgesses wndex Section 25 of the ]\Iunicipal Corpora- ""''"'s- tions Act, 1882. In the vestries of the metropolis the auditors are now chosen lletropolitan by the electors under Section 11 of the Metropolis Local Manage- auditors, ment Act, 1855, as modified by Section 31 of this Act. * For definition of " parochial electors " see Section 44 and Sec- tion 75. 59. (1) Section one hundred and ninety-nine ^ and Suppie- Schedule 1 of the Public Health Act, 1875, so far as p^o^.-l^^ that schedule is unrepealed (which relate to the meet- «« Jistj'ct , \ . T J ji j_- 1 councils. mgs of urban authorities, and to the meetings and ss&sb Vic, proceedings of local boards), shall apply in the case of '^■^''■ every 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." (2) Any urban district council other than a borough couucil, and any rural district council and board of guardians may, if they think fit, appoint a vice-chairman ^ to hold office during the term of office of the chairman, and the vice-chairman shall, in the absence or during the inability of the chairman, have the powers and authority of the chairman. (3) Any rural district council shall be entitled to use for the purpose of their meetings and proceedings the board room '' and offices of any board of guardians for the union comprising their district at all reasonable hours, and if any question arises as to what hours are reasonable it may be determined by the Local Govern- ment Board. ^ (4) Nothing in this section shall affect any powers 212 56 & 57 VICT., C. 73. Sec. 59. of the Local Grovernment Board with respect to the proceedings of guardians, (5) If any district council, other than a borough council, become unable to act, whether from failure to elect or otherwise, the county council of the county in which the district is situate may order elections to be held and may appoint persons to form the district council until the newly elected members come into office. 20 & 21 Vict., (6) Nothing in this Act shall affect any powers of =• 23- the Secretary of State under the Public Health Supple- mental Act for Aldershot,'' 1857, or the position of persons nominated under those powers. 1 Section 199 Public Health Act, 1875, and Schedule 1 are printed in the Appendix, pages 421 and 437. 2 As to the chairman of a board of guardians see Section 20 (7) (p. 126). The chairman of a district council is elected for cue year at the annual meeting of the council {see note to Section 24). * Boards of guardians are not to meet at public-houses (Section 61) (p. 214). •• Where the decision of the Local Government Board is desired under this sub-section, an application setting out the facts should be addressed to the secretary of the Board. ^ The Act referred to is 20 and 21 Vict., c. 22. The circum- Aldershot. stances of Aldershot are peculiar in consequence of the military camp established there. It was considered desirable to give the military authorities special seats on the local board, and this is done by the Act in question. Miscellaneous. Supple- 60- (1) The council of each county^ may, from time mental to time, by order, fix or alter the number of guardians. to°Kuard\an3^ or rural district councillors to be elected for each parish within their county, and for those purposes may exer- cise powers of adding parishes to each other- and dividing parishes into wards,'' similar to those which by the Acts relating to the relief of the poor are, for the purpose of the election of guardians, vested in the Local Government Board. (2) The council of each county^ may for the purpose of regulating the retirement of guardians or rural dis- trict councillors, in cases where they retire by thirds,"* and in order that as nearly as may be one third of the persons elected as guardians for the union, and one third of the pei'sons elected as rural district councillors for the district, shall retire in each year, direct in which year or years of each triennial period the guardians or district councillors for each parish, ward, or other area in the union or rural district shall retire. LOCAL GOVEltNMKNT A( T, 1894. 213 (3) VVbei'e a poor law union is situate in more than Sec. 60. one county, the power under this section of fixing or altering the number of guardians or rural district councillors, and of regulating the retirement of guar- dians and of district councillors, shall be exercised by a joint committee^ of the councils of the counties con- cerned, but if any of those councils do not, within two months after request from any other of them, ai>point menibers of such joint committee, the members of the committee actually appointed shall act as the joint committee. Provided that if any order under this sub-section is, within six weeks after the making thereof, objected to by any of the county councils concerned, or by any committee of any of those councils authorised in that behalf, it shall be of no effect until confirmed by the Local Government Boax'd. (4) Where under any local and personal Act** guar- dians of a poor law union are elected for districts, whether called by that name or not, the j^rovisions of this Act with resi>ect to the election of guardians" shall apply as if each of the districts were a parish. (5) The boai'd of guardians of a union elected in pursuance of this Act shall, save as otherwise provided by an order of the Local Government Board, made on the ap])lication of those guardians, have the same powers and duties under any local and personal" Act as the existing board of guardians. (6) Nothing in this Act shall alter the constitution of the corpoi'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 ratepayers of parishes. ^ The expression " couucil of each county" inchules the council of a county horough (Section 75 [2]), and apparently also the couucil of the administrative county of London j see "the definition of " administrative county " on page 223. * As to the power of the Local Government Board to add parishes together for purposes of election of guardians see 4 and 5 Wm. IV, c. 76, s. 32 ; 7 and 8 Vict., c. 101, s. 66; 30 and 31 Vict., c. 106, ss. 3 and 15 ; 31 and 32 Vict., c. 122, s. 6; 33 Vict., c. 2, s. 1. ^ As to dividing parishes into wards for poor law purposes see 39 and 40 Vict., c. 61, Section 12, which repeals Section 19 of 7 and 8 Vict., c. 101 ; also 45 and 46 Vict., c. 58, s. 8. Also see i». 242. * See Section 20 (6) as to retirement oJF guardians by thirds. * Joint committees of county councils are constituted under Section 81 Local Government Act, 1888. * See Section 75 for definition of "local and personal Act," p. 228. ^ See Section 20 as to election of jruardians. The meaning of 214 56 & 57 VICT., c, 73. Note to Sec. 60. Place of meeting of parish or district council or boHrd of (guardians. sub-sections 4 and 5 is that where a local and personal Act pro- vides a mode of electing guardians for districts instead of for parishes, the election of guardians for those districts shall in future be carried out in the manner specified in the Local Government Act, 1894, and not as specified in the local, &c.. Act ; but that when the guardians have been thus elected they shall have the powers and duties specified in the local and personal Act. 61. No parish meeting or meeting of a parish council,^ or of a district council ,2 or of a board of guardians shall be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room^ is available for such meeting either free of charge or at a reasonable cost. 1 Provision is made in Section 4 enabling the parochial electors and parish council to use free of charge, for certain purposes, any suitable room in any public elementary school which receives a grant from Parliament. 2 The rural district council is entitled to use the board-room and offices of the board of guardians of the union comprising their district (Section 59 [3]). ' The questions whether a room is suitable and whether it can be had at a reasonable cost must in tlie first instance be determined by the council or board concerned. It would seem that the pro- ceedings of any meeting held in contravention of this section would be null and void. anthorities Permissive 62. (1) Where there is in any ui'ban district,^ or part wbandi8-° of an urban district, any authority constituted under trict councu any of the adoptive Acts,^ the council of that district of otiier" 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. (2) After the appointed day"* any of the adoptive Acts 2 shall not be adopted for any part of an urban district without the approval of the council of that district. 5 1 For definition of urban district see Section 21 (1) and note thereto. This section (62) does not apply to the metropolis. ■• See Section 7 as to adoptive Acts. As to the settlement of any question relating to such transfer see Section 70. Care should be taken to specify in the resolution itself the date from which the transfer is to take place. * See Section 84 (4) as to appointed day. * The Acts specified in Section 7, or any of them, may be adopted in an urban district in the same manner as before the commence- ment of this Act, subject, however, to the proviso in sub-section (2) above, that the urban district council's approval of the adoption must be obtained where the adoption is to be for part of a district. LOCAI, (JOVKliNMKNT ACT, 1894. 215 63. (1; Where the powers of a district couucil are Sec. 63. by virtue of a resolution under this Act transferred to Provisions a county council,* the following provisions shall have council effect : ' acquiring v^iiv^v.1, . powers of (o) Notice of the resolution of the county council by district virtue of which the transfer is made shall be ^^o**"":''- forthwith sent to the district couucil and to the Local Government Board : (h) The expenses incurred by the county council shall be a debt from the district council to the county couucil, and shall be defrayed as part of the expenses of the district council in the execution of the Public Healtli 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 interest of the loan, and the loan with the interest thereon shall be paid by the district council in like manner, and the charge shall have the like effect, as if the loan were lawfully raised and charged on that fund or rate by the district council : (e) The county council shall keep separate accounts of all receipts and expenditure in respect of the said powers : (f) The county council may by order* vest in the dis- trict council all or any of the powers, duties, pro- perty, 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 couucil for the purpose of those |)Owers. (2) Where a rural district is situate in two or more counties a parish council complaining under this Act ^ may com])lain to tbe county council of the county in which the parish is situate, and if the subject-matter of the com|>laint 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 216 56 S: 57 viCT., C. 73. Sec. 63. determined by the Local Government Board, and if any members of the joint committee are not appointed the members Avho are actually appointed shall act as the joint committee. 1 The county council may resolve that the powers of a district council shall be transferred to them in consequence of the default of the latter in providing a parish with sufficient sewers or with a supply of water in certain circumstances : in enforcing the pro- visions of the Public Health Acts, &c. (see Section 16 [1]) : or in taking proceedings as to rights of way and roadside wastes under Section 26 (4). ' As to the expenses of district councils see Sections 28 and 29 and notes thereto. ' For information as to the borrowing powers of district councils for the purposes of their powers under the Public Health Acts see Sections 233 to 242 of the Public Health Act, 1875 ; and the Local Loans Acts, 1875 (especially Section 31) and 1885. ■• A copy of the order should be sent to the Local Government Board (Section 71). * As to the circumstances in which a parish council may complain to a county council see Sections 16 (1) and 26 (4). ^ .Joint committees of county councils are constituted under Section 81 Local Government Act, 1888. Power to act 64. A county council may employ a district council dist'rict' as their agents in the transaction of any administrative council. business^ on matters arising in, or affecting the in- terests of, its own district. 1 By Section 3 of the Local Government Act, 1888, the " adminis- trative business" (as distinguished from judicial business) of quarter sessions in respect of the several matters mentioned in the section was transferred to county councils. Section 64 of the present Act empowers a county council to employ a district council as their agents in the transaction of that kind of business when it relates to the distri(;t. Saving for 65. Where any improvement commission affected by powers!^ this Act have any powers, duties, proj^erty, debts, or liabilities in respect of any harboui-, the improvement commission shall continue to exist and be elected for the purpose thereof, and shall continue as a separate body, as if this Act had not passed, and the property, debts, and liabilities shall be apportioned 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.^ ^ As to the adjustment of property and liabilities see Section 68. Ihttlt^ry 66. Nothing in this Act shall affect the trusteeship, schools. management, or control of any elementary school.^ 1 For definition of " elementary school " see p. 228. LOCAL (JOVFRXMKNT ACT, 1894, 217 67. Where any powers and duties are transferred by Sec. 67. this Act from one authority to another authority^ — Transfer of (1) All property held by the first authority for the Ks and*" purpose or by virtue of such powers and duties '"»'j'i't'"- shall pass to and vest in the other authority, subject to all debts and liabilities affecting the same ; and (2) The latter authority shall hold the same for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not passed, so far as the same are not modified by or in pursuance of this Act ; and (3) All debts and liabilities of the first authority in- cui-red by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been de- frayed if this Act had not passed. 1 As to transfer by resolution under this Act of the powers of a district council to a county council .tee Section 03. The present Section deals only with powers and duties which are by the Act itself transferred from one authority to another; see, for instance, Section 25, which transfers to rural district councils all the powers, duties, and liabilities of the rural sanitary authority in the district, and of any highway authority in the district. See also Sees. 5 and 6 as to transfer to parish councils ; and Section 7 (5) as to transfer to parish councils of powers, &c., of certain authorities under the adoptive Acts. As to the mode of determining cases in which doubt arises whether or not powers and duties are transferred by this Act, see Section 70. 68. (1) Where any adjustment is required for the Adjustment purjiose of this Act, or of any order, or thing made or of property done under this Act, then, if the adjustment is not uabiiities otherwise made,^ the aiithorities interested may make agreements for the purpose, and may thereby adjust any pi'operty, income, debts, liabilities, and expenses, so far as aifected by this Act, or such scheme, order, or thing, of the parties to the agreement. (2) The agreement may provide for the transfer or retention of any property, debts, or liabilities, with or without any conditions, and for the joint use of any property, and for payment by either party to the agree- ment in respect of property, debts, and lial>ilities 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 [)ayment 218 56 & 57 VICT., a 73. C.49. Sec. 68. or, except in the case of a salary or remuneration, by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed b}' the Local Grovern- ment Board : Provided that where any of the authorities interested is a board of guardians, any such agree- ment, so far as it relates to the joint use of any property, shall be subject to the approval of the Local Government Board. (3) In default of an agreement, and as far as any such agreement does not extend, such adjustment shall 52 & 53 Vict., be referred to arbitration in accordance with the Arbi- tration Act, 1889, and the arbitrator shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called un- necessarily, and any other costs which he considers to have been incurred unnecessarily, and his award may provide for any matter for which an agreement might have provided.- (4) Any sum required to be paid by any authority for the purjiose of adjustment may be paid as part of the general expenses^ of exercising their duties under this Act, or out of such special fund as the authority, with the approval of the Local Government Board, direct, and if it is a capital sum the payment thereof shall be a purpose for which the authority may borrow* under the Acts relating to such authority, on the se- curity of all or any of the funds, rates, and revenues of the authority, and any such sum may be borrowed without the consent of any authority, so that it be repaid within such period as the Local Government Board may sanction. (5) Any capital sum paid to any authority for the purpose of any adjustment under this Act shall be treated as capital, and applied, with the sanction of the Local Government Board, either in the rejmyment of debt or for any other purpose for which capital money may be applied. [Compare the provisions of Section 62 Local Government Act, 1888, which are in many respects similar to those of the above section.] 1 " Not otherwise made," e. g. by the order of the Local Govern- ment Board, or county council, under which the necessity for adjustment arises. If the order settles the adjustment, no agree- ments on the part of the authorities will be re(iuired; if not so settled, the adjustment must be made either by agreement or by arbitration as provided in sub-sections (2) and (3) above. 2 The matters for which an agreement might liave provided are indicated in sub-section (2) above. ^ As to the expenses of district councils see Sections 28 and 29 and notes thereto. LOCAL GOVKKNMKN'T ACT, 189-i. 219 * As to the borrowiuj? powers of district councils set; Sections Note to 233 to 242 Public Health Act, 1875 : the Local Loans Acts, 1875 Sec. 68. ami 1885; iiiul Section 25 of the Housina- of the Working Classes Act, 1890. Hy Section 23-4 of the I'ublic Health Act, money can only be borrowed for " permanent works," and for the purpose of di'ichargiug previous loans. Sub-section (4) of the above Section, however, enables money to be borrowed to pay a capital sum required to be raised for the i)uri)ose of an adjustment under tliis Act. In districts where the Public Health Acts Amendment Act, 1890, has been adopted, further powers as to borrowing are given by Section 52 of tliat Act. 69, Where an alteration of any area^ is made by Po«ertodeai this Act, an order for any of tlie matters mentioned in "^fs^ng qu* of Section fifty-nine- of the Local Government Act, 1888, ^iiteration of may, if it appears to the county council desirable, be made by the county council, or, in the case of an area situate in more than one county, by a joint committee^ of county councils, but notbiuij in this section shall empower a county council or joint committee to alter the boundaries of a county.^ * See Section 1(3); Section 3G; and Section 53 as to altera- tion of areas. A copy of the county council's order must be sent to the Local Government Board, and if any local area or name be altered, to the Board of Agriculture also (Section 71). Under Section 69 a CDunty council are empowered to make an order dealing with a burial ;inthority for a parish which was divided by the Local Government Act, 189-1. " No doubt," said Wright, J., " in one sense the county council's powers under that section (69) are confined to matters incidental to and consecpiential on changes effected by the Act. But here it is clear that the alteration in parish boundaries has worked some changes in the constitution of the burial authority. And the object of the section is that where changes of such a kind have been caused by alterations of areas, there may be jjower to make such further changes as seem expedient." Reg. (Hebburn U. D. C.) r. Durham County Council. (' L. G. Chronicle.' 1897, p. 70.) - The section referred to is set out in the note to Section 36 of the present Act (p. 16-4). ^ Joint committees of county councils are constituted under Section 81, Local Government Act, 1888. * As to the alteration ot the boundaries of a county see Section 5-i, Local Government Act, 1888, which is set out in the note to Section 36 of the present Act (p. 161). See also Section 36 (5) (p. 157). 70. (1) If any question arises, or is about to arise, summary as to whether any power, duty, or liability is or is not fJrTeur-^ transferred by or under this Act to any parish council, miuation of . , ,.* 1 ■ , • , -1 » • questions as parish meeting, or district council, or any ])roperty is to transfer or is not vested in the parish council, or in the chair- of poners. man 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, 220 56 Sz 57 vict., o. 73. Sec. 70. meeting, or other local authority concerned, be sub- mitted for decision to the High Court in such summary manner as, subject to any rules of court, may be directed by the Court ;i and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question. (2) If any question arises or is about to arise under this Act as to the appointment of the trustees or bene- ficiaries of any charity, or as to the persons in whom the property of any charity is vested, such question shall, at the request of any trustee, beneficiary, or other person interested, be determined in the first instance by the Charity Commissioners, subject to an appeal to the High Court brought within three months after such determination. Provided that an appeal to the High Court of Justice from any determination of the Charity Commissioners under this section may be pre- sented only under the same conditions as are prescribed in the case of appeals to the High Court from orders made by the Charity Commissioners luider the Cha- ritable Trusts Acts, 1853 to 1891. ^ (8) 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. 2 1 The first sub-section of Section 70 is adapted from Section 29 Local Government Act, 1888. Special case In submitting cases for the opinion of the High Court the for Supreme following rule of the Supreme Court applies : Court's » r^^Yxc summary proceeding for submitting any question for opinion. ^lecjsion ^ the High Court of Justice under the 70th Section of the Local Government Act, 1894, shall be by special case to be agreed upon by the parties, or in default of such agreement to be settled by an aVbitrator agreed upon by the parties or (if necessary) appointed by a Judge at Chambers, or to be settled by a Judge at Chambers. The special case when settled, shall be filed at the Crown Office Department, at the Central Office of the Supreme Court, by the Chairman of (inarter Sessions, the county council, or the local authority concerned, within eight days from the settlement thereof, and shall be put into the Crown paper
Section 49 of the Local Government Act, 1888, empowered the Local Government Board to make a provisional order for regulating the application of that Act to the Scilly Islands, and (among other things) for the application to the Islands of any provisions of any Act touching local government. A provisional order made under that section was included in the Local Government Board Provi- sional Orders Confirmation (No. 6) Act, 1890, by which the Scilly Islands were constituted a rural sanitary district with the powers of a county council ; and by Section 74 of the present Act the Local Government Board may apply to the Scilly Islands such portions of this Act as they, on the application of the council of the Islands, think fit. Construction 75. (1) The definition of parish^ in Section one Sfsevict hundred of the Local Government Act, 1888, shall not c. 41. " ' apply to this Act, but, save as aforesaid, expressions used in this Act shall, unless the context otherwise re- quii-es, have the same meaning as in the said Act.^ 1 By Section 5 of the Interpretation Act, 1889, the expression " parish," unless the contrary intention appears, means, as respects England and Wales, a place for which a separate poor rate is or caii be made, or for which a separate overseer is or can be appointed." As the definition of " parish " employed in Section 100 of the Local Government Act, 1888, is excluded, the above definition applies in the Local Government Act, 1894. 2 The following is a copy of the interpretation clause* in the Local Government Act, 1888 : — * The intention of interpretation clauses is that in construing the Acts, the word interpreted, in addition to its ordinary meaning, shall bear the meanings mentioned in the interpretation clause. The words "shall include " signify " shall have the following mean- LOCAL GOVERNMENT ACT, ISO-i. 223 100. Ill this Act, if not inconsistent with the context, the follow- Note to ing ti-Tuis hiive the meanings hereinafter respectively assigned to Sec. 75. theui ; that is to say : . L. G. \c\. The expression county* does not include a county of a city or 1888, sec. county of a town : ^^• The expression entire county means, in the case of a county divided into administrative counties, the whole of the county lorined by those administrative counties. The expression division of a county in the provisions of this Act respecting the property of quarter sessions, includes any hundred, lathe, wapentake, or other like division : The expression administrative county means the area for which a county council is elected in pui-suance of this Act, but does not (except where expressly mentioned) include a county borough : The expression metropolis means the city of London and the parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855, as amended by 18&19 Vict., subsequent Acts : *^- ^"''• The expression horough means any place for the time being subject to the Municipal Corporations Act, 1882, and any 45&46Vict., reference to the mayor, aldermen, and burgesses of a c- 50. borough shall include a reference to the mayor, aldermen, and citizens of a city : The expression quarter sessions horough means a borough having a sejjarate court of quarter sessions and includes a county of a city and a county of a town, subject to the Municipal Corporations Act, 1882 : The expression quarter sessions as respects any county, riding, division, or liberty, means the justices in quarter or general sessions assembled, and includes justices assembled in gaol sessions, annual general sessions, and adjourned sessions, and as respects any borough, means any court of quarter or general sessions held for the borough or for any county of a city or town consisting of the borough, whether held by the recorder or by justices, and as respects the city of London, means the court of the maj-or and aldermen in the inner chamber : The expression "parish" means aplace for which a separatefover- seer is or can he appointed, and tohere part of a parish is situate within, and part of it without, any county, horough, urban sanitary district, or other area, means each such part : The expressions parliamentary county, and parliamentary elec- tion, and parliamentary voters, have the same meaning as in the Registration Act, 1885, and the Acts therein referred 45 & t9 Vict., to: «=•"• The expression Secretary of State means one of Her Majesty's Principal Secretaries of State : ings in addition to its popular meaning; " per liiett, M.K., in Ports- mouth Corporation v. Smith, 13 Q. H. D., on p. 105. " Means " signifies that the word has the particular signification assigned to it and no other. * But see the definition of " county " in sub-section (2) of Sec- tion 75 of this Act (page 227). t See sub-section 1 of Section 75 of the present Act. 224 56 & 57 viCT., c. 73. Note to The exin-essioii Treasury means the Comuiissioners of Her Sec. 75, Majesty's Treasury : The expression Bank of England means the Governor and Com- pany of the Bank of England : The expression existing means existinsr at the time specified in the enactment in which the expression is used, and if no such time is expressed, then at the day appointed to be for the purpose of such enactment the appointeectively to retire on the fifteenth day of April one thousand eight hun- dred and ninety-six and one thousand eight hundred and ninety. seven shall be determined according to their place on the ])oll 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 vote* between two or more councillors, the matter shall be determined by ballot conducted under the direction of the council. (7) In the case of an urban district divided into wards, the foregoing provisions with respect to retire- ment shall apply separately to each ward. (8) Upon the day on which the first guardians and urban or rural district councillors elected under this Act come into office,* the persons who are then mem- LOCAL GOVERNMENT ACT, 1894. L'31 bers of boards of guardiaus, and urban and rural saui- Sec. 79. tary 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 high- way boards shall continue in office notwithstanding any want of qualification, as if the term of office for which they were elected expired on that day, and, except for the purpose of filling casual vacancies or electing additional guardians, no further elections shall be held. (9) The first meeting of each district council elected under this Act shall be convened by the returning officer. (10) The foregoing provisions shall apply to the existing members and first members elected under this Act of the local l)oard of Woohvich and of any vestry under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same, and to the existing and first auditors elected under those Acts'' in like manner as if they were members of urban sanitary authorities or urban district councillors, as the case may require, except that the date of the annual election shall be substituted for the fifteenth day of April. (11) The overseers of any parish divided by this Act shall, until the fii'st appointment of overseers next after the appointed day, continue in office as if they were overseers of each part of the said parish, which by reason of such division becomes a separate parish. ^ As to parishes clividcil by this Act see Sections 1 (3) and 36. The sub-section (2) only applies where the division is effected by the Act itself, not where it is effected by the county council in pursuance of powers conferred by the Act. In the latter case the necessary provision should be made in the order of the county council, or in the confirming order issued by the Local Govern- ment Hoard. Moreover the county council ai-e empowered to modify the provisions of the sub-section even when the division is effected by the Act itself. - Such an order may, for instance, add a part of the parish so divided to a neighbouring parish, in which case a guardian or dis- trict councillor for the added part might not be recpiired. ' See sub-section 5. * As to date of coming into office see Section 8-1 (2). * As to the election of menibors of Woolwich Local Board and of London vestrymen and auditors see Section 31. 80. (1) If any difficulty arises with respect to the Power of holding of the first parish meeting.* of a rural parish, f°unaito or to the first election of parish^ or district councillors,- remove or of guardians,- or of members of the local board of ' '^'^ '**' 232 56 & 57 viCT., c. 73. Sec. 80. Woolwich, 3 or any vesti-y^ 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 insufiicient number, properly elected, the county council may by order make any appointment or do any thing whicli appears to them necessary or expedient for the proper holding of any such first meeting or election^ and properly constituting the parish or district council, board of guardians, local board, or vestry, or auditors, and may, if it appears to them necessary, direct the holding of a meeting or election, and fix the dates for any such meeting or election, but a parish shall, notwithstanding any such failure to constitute the parish council, be deemed to be a parish having a parish council within the meaning of this Act. Any such order may modify the provisions of this Act,^ and the enactments applied by or rules framed under this Act so far as may appear to the county council necessary or expedient for carrying the order into effect. (2) The Local Government Board shall make regu- lations7 for expediting and simplifying the procedure under Section fifty-seven of the Local G-overnment Act, 1888, in all cases in the year one thousand eight hundred and ninety-four, for the purpose of bi-inging 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. 1 See Section 78 as to the first parish meeting and first election of parish councillors. * See Section 79 as to first election of guardians and district councillors. ' As to first' meeting of district councils see Section 70 (9) ; of London vestries and district boards and of Woolwich Local Board see Section 79 (9) and (10). * As to these auditors see Section 31 (1). Local ' The powers of the above section are continued until 31st Govern- December, 1897, by the Local Goveknmknt (Elections) Act, tions) Acf' ■'^^^^' ^^* ^''''•' '^- ^ • ^^''''''' P''Ovides as follows : 1896. ' 1. — (1) If any difficulty arises with respect to any election of parish or district councillors or of guardians, or to the first meeting after any ordinary election of such councillors or guardians, or if, from an election not being held, or being LOCAL (iOVKllNMKNT ACT, 1894. -J.^^ defective, or otherwise, the council or board has not been Note to properly constituted, the <;ounty council may by order make Sec. 80. any appointment or do anything which appears to them necessary p„Her of or expedient for the proper holdin^r of any such election or county meeting, and properly constituting the council or board, and J;'^'^"^'^' *« may, if it appears to them necessary, direct the holding of an ditticulties. election or meeting, and fix the dates for any such election or meeting. (2) Any such order may modify the provisions of the Local Government Act, 1894, and the enactments applied by, or rules framed under, that Act, so far as may appear to the county council necessary or expedient for carrying the order into effect. _ (3) A county council may delegate their powers under this section to a committee. 2. This Act shall continue in force until December 31st, 1897, Duration. and no longer, unless continued by Parliament. 3. This Act may be cited as the Local Government (Elections) Act, 1896. " The widest possible powers are given by this section to county councils to enable them to bring this Act into operation. They may issue an order modifying any of the provisions in this Act, or any other Act applied by it, and in the rules made under it; and they may do this at their uncontrolled discretion so far as they may deem such modification necessary or expedient for carrying their order into effect. "> Regulations for that purpose were issued on the 22nd March, 1894. They applied only during the year 1894. 81. (1) Where the powers and duties of any Jj,''jjf^'i.°e authority other than justices are transferred by this Act to any parish or district council, the officers of that authorityshall become the officers of that council, and for the purposes of this section the body appointing a surveyor of highways shall be deemed to be a highway authority and any paid surveyor to be an officer of that body. (2) Where there is in a rural parish an existing vestry clerk appointed under the Vestries Act, 1850, he shall J^^^^^''^*" become the clerk of the parish council, and if there is also an assistant overseer in the parish, then, notwith- standing the foregoing provisions^ of this Act, that assistant overseer shall not, while such vestry clerk holds office, be the clerk of the parish council. (3) Any existing assistant overseer in a parish for which a parish council is elected shall, unless ap- pointed by a board of guardians,'- become an officer ^ of the parish council. (4) Every such officer, vestry clerk, and assistant overseer, as above in this section mentioned shall hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties shall receive not less salary or remunera- tion than heretofore. 234 56 Sc 57 viut., c. 73. Sec. 81. (5) Where a parish or rural sanitary district is di- vided 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, and his salary shall be borne by the respective parishes or districts in proportion to their rateable value at the commencement of the local financial year next after the passing of this Act. (6) So much of any enactment as authorises the ap- pointment of assistant overseers by a board of guar- dians shall be repealed as from the apj^ointed day. 5i&52Vict. (7) Section one hundred and twenty of the Local e.4i. Government Act, 1888, '^ which relates to compensation to existing officers, shall apply in the case of existing officers affected by this Act, whether officers above in this section mentioned or not, as if references in that section to the county council were references to the parish council, or the district council, or board of guardians or other authority whose officer the person affected is when the claim for compensation arises as the case may require. Provided that all expenses incurred by a district council in pursuance of this section shall be paid as general expenses^ of the council, and any ex- penses incurred by a board of guardians in pursuance of this section shall be paid out of their common fund, and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund applicable to payment of the salary of the offices affected. 1 See Section 17 (1 to 3) as to tlie appointment of a clerk to the parish council. - See note to Section 5 (1) as to the appointment of assistant overseers. Assistant ^ The President of the Local Government Board stated in the overseers, House of Commons that an assistant overseer appointed by a descrTptiou hoard of guardians has not become an officer of the parish council of. elected for any part of the area for which he was appointed, and that the council have no power to determine his appointment (' Times,' 21st March, 1895. In a case where an assistant overseer of a parish was indicted for embezzlement, the ([uestion arose whether he was rightly de- scribed in the indictment as the " servant of the inhabitants of the parish," he having been appointed by the parish council as assist- ant overseer and clerk to that council. The Court (Pollock, Hawkins, Grantham, and Lawrence, J.I.) lield that he was rightly described. Pollock, J., said, " It seemed that notwithstanding the parish council having the power of appointing assistant over- seers, the duties of the assistant overseers were the same as they were before the (Local Government) Act, and the money collected by them could in no sense be said to be the money of the parish council, nor could that council direct how it should be dealt with. I.Ot'Al. (JdVKKNMKNT Al T, 1S94. -^ir) It would seem tlmt the assisUiiit overseer wiis employed to collect Note to the rates for the iiiluibitnnts of the piirish, and that he received Sec. 81. the money on their accoiuil and was accountable to them for it and not to the parish council." Referrinjj to Section 81 (3) of the Local Government Act, 1891, he continued, " Though in one sense officers of the parish council, they might none the less, as receiving and holding money collected as rates, be the servants of the in- habitants, especially when it was clear that the council could not give orders or directions as to the discharge of those duties. The object and effect of the Local (Jovernmont Act, quoad the assistant overseers, was to place the council in the position formerly <)ccupied by the inhabitants of the parish in vestry assembled, whilst it left the duties and employment of the assistant overseers the same as they were before that Act was passed." The other judges con- curred.— Reg. V. Smallman ('Times,' L. K., 9th November, 1896; [1897], 1 Q. H. 4). ■• Section 120 of the Local Government Act, 1888, is as follows : (1) Every existing officer declared by this Act to be entitled to J;°„?^"i*gg compensation, and every other existing officer, whether before ^f office, mentioned in this Act or not, who by virtue of this Act, or any- thing done in pursuance of or in consequence of this Act, suHers L. 6, Act, any direct pecuniary loss by abolition of office* or by diminution or Y^\„q loss of fees or salary, shairbe entitled to have conipensationf paid to him for such pecuniary loss by the county council, to whom the powers of the authority, whose officer he was, are transferred under this Act, regard being had to the conditions on wliich his appoint- ment was made, to the nature of his office or employment, to the duration of his service, to any additional emoluments which he acquires by virtue of this Act or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have acquired if he had not refused to accept any office offered by any council or other body acting under this Act, and to all the other circiuustances of the case, and the compensation shall not exceed the amount which, under the Acts and rules relat- ing to Her Majesty's Civil Service.J is paid to a person on abolition of office. * In order to be entitled to compensation for abolition of office the person must have lost his office, or some of the emoluments thereof, in consequence of something directly arising out of the Act itself. Where an officer who was, before the passing of the Act, holding a post which seemed practically permanent, but from which he was in fact liable to dismissal, became transferred to a new authority, and the latter not requiring his services gave him notice to leave ; such an officer, it is submitted, is not entitled to compensation under the Act of 1804 for abolition of office, t See West r. Wilts County Council (1893), 10 T. L. II. 19. X The following- memorandum shows the compensation to civil servants on abolition of office : " The award of compensation allowances to established civil ^^ii°'j''°° °^ servants on the abolition of their offices is regulated by Sec- xrea^sury tion 7 of the Superannuation Act of 1859. In calculating memo- allowances under this section it is the practice of the Treasury wmlura. to award as many sixtieths of the officer's emoluments as he has served complete years, with a special addition, on account of abolition of office, not exceeding tlie following scale, viz. : 20 years' actual service or upwards, lO/liO addition; 15 years' 23C) 56 & 57 VICT., c. 73. Note to (2) Every person who is entitled to compensation, as above inen- Sec. 81. tioned, sliall deliver to the county council a claim under his hand setting: t'ortli tlie whole amount received and fxpendod by bini or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emoluments for which he chdms compensation, distinguishing the offices in respect of which the same have been received, and accom- panied by a statutory declaration under the Statutory Declaration Act, 1835, that the same is a true statement according to the best of his knowledge, information, and belief. (3) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the just 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 any compensation, or by the amount of compensa- tion assessed, or if not less than one third of the members of such council subscribe a protest against the amount of the compensation 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 tlie Treasury, who shall consider the case and determine whether any compensation, and if so, what amount ought to be granted to the claimant, and such determination shall be final. (5) Any 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 his claim, and shall further pro- duce all books, papers, and documents in his possession or under his control relating to such claim. (6) The sum payable as compensation to any person in pursuance of this section shall commence to be payable at the date fixed by the council on granting the compensation, or in case of appeal, by the Treasury, and shall be a specialty debt due to him from the county council, and may be enforced accordingly in like manner as if the council had entered into a bond to pay the same. and less than 20, 7/60; 10 years and less than 15, 5/60; 5 years, and less than 10, 3/60 ; under 5 years, 1/60. " When the duties of the situation have not been such as to require that the holder should give his whole time to the public service, such deduction is made from the amount of compen- sation allowance for which he would otherwise be (jualified as the Treasury may consider reasonable.* " All awards under the section are at the absolute discretion of the Treasury, and are subject to modification if they con- sider that the circumstances of the partic'ular case require it. *' Non-established civil servants who have been employed for not less than seven years in an employment to which they were required to devote their whole time, receive a gratuity not exceeding one pound or one week's pay (whichever is greater) for each year of service, under Section 4 of the Superannuation Act of 1887. " No gratuity is granted to non-established civil servants whose duties have not required their whole time." * The deduction is believed to be usually taken at one fourth. LOCAL (;ii\i;i;.NMK.NT ACT, 1S94. 237 (7) If a person receiving,' compensation in pursuance of this sec- Note to tion is appointed to any office under the same or any otlier county Sec. 81. council, or \>y virtue of tliis Act, or anythinp: done in pursuance of or in consequence of tliis Act, receives any increase of emohmients of the office lield by him, he shall not, while receivinj^ the emolu- ments of that office, receive any greater amount of his compensation, if any, than with the emoluments of the said office, is ecjual to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall he suspended while he holds such office. (8) All expenses incurred by a county council in pursuance of this section shall be ])aid out of the county fund, as a payment for general county i)urposes. ^ For definition of " general expenses " see note to Section 29. 82. (I) Where before tbe appointed dayi the high- Provision as 1 1 i.-i • ^ ,„ to highways. way expenses were charged ou a i)articular parisli or other area and not ou a district,- the district council may determine that the highways iu that parish or area shall be placed iu proper repair before the expenses of repairing the same become a charge uj^on the district, and, failing such highways being placed iu pi-oper repair to the satisfaction of the district council, the district council may themselves place the highways iu proper repair, and the expense incurred by them of placing those highways iu proper repair shall be a separate charge ou the parish or area, and any question which arises as to whether any such expenses are properly a separate charge on the parish or area shall be determined by the county council.-^ (2) Where in imrsuauce of an order of a county council a parish continues to maintain its own highways after the ajipointed day,i the highway expenses shall not be deemed to be expenses of the parish council or of the parish meeting within the meaning of this Act.* * Appointed day; sep Section 84 (4). * That is, not on a highway district. ' The section gives an ai)peal to the county council against a ^J'JJfjy decision of the district council that the expense incurred by the council: latter in repairing highways hitherto repairable by a particular expense of parish or area shall be charged upon that parish or area. In etVect f,'jP',','"""g the questions for the county council will be — was the highway in =" proper repair ou the appointed day ? If not, and if it was after- wards repaired at the request of the district council — was it put into proper repair ? If again the answer is no, the third question may arise — have the district council done more iu the matter of repair- ing the highway than the parish or area could have been ])roperly required to do ?' Only the expense required to repair the highway as the parish or area could jtroperly be required to repair it, can be made a separate charge on that parish or area. 238 Note to Sec. 82. 56 & 57 VICT., (J. 73. Duty of county council to bring Act into operation. The President of the Local Goveiiniieiit Board (Mr. Shaw Lefevi-e) stated ill the House of Commons that if a district council deter- mine tliat the highways in a parish must be placed in proper repair before the expense of repairing them becomes a charge on the district, all tlie highways in the parish which the district council consider out of proper repair must be placed in such repair before any of them or any of the other roads in the parish become a charge on the district. (' Times,' 1st May, 1895.) •* That is, the parish council may annually pay the expense of maintaining its own highways in pursuance of an order of the county council under Section 25 (1) of this Act, in addition to the annual sum, equal to a rate of sixpence in the jiound, which is their ordinary limit of expenditure under Section 11 (3) of this Act. As to limit in small parishes see Section 19 (9). 83. It shall l)e the duty of every county council to exercise all such of their powers as may be requisite for bringing this Act into full operation within their county as soon as may be after the passing thereof,' and a county council may delegate" their powers under this Act to a committee. 1 As to the limit of time within which the county council may make orders dealing with areas or boundaries see Section 36 (13). See also Section 80 and note thereto. 2 As to the meaning of " delegate " see note to Section 15. Appointed 34 ^Y) The first elections' under this Act shall be held on the eighth day of November next after the passing of this Act, or such later date or dates in the year one thousand eight hundred and ninety-four as the Local Government Board may fix. (2) The persons elected shall come into office on the second Thursday next after their election," or such other day not more than seven days earlier or later as may be fixed by or in pursuance of the rules made under this Act in relation to their election. (3) Every division into wards^ or alteration of the boundaries'* of any parish or union or district which is to affect the first election shall, if it affects the parishes or parts for which the registers of parochial electors will be made, be made so far as practicable before the first day of July next after the passing of this Act, and any such division or alteration which after the ap- pointed day^ may be made on application by the parish council or any parochial electors of any parish,'' ma}' 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 LOCAL (lONKKNMK.NT A< T, l^iU. 239 lists of voters shall be framed in parts corre- Sec. 84. sponding 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 (jualification is situate, and in that case the said division or alteration shall be ob- served in the case of that election. (4) Subject as in this Act mentioned, " the appointed day " shall, («) for the purpose of elections and of parish meet- ings in parishes not having a parish council, be the day or respective days fixed for the first elec- tions ' under this Act, or such prior day ai^ may be necessary for the purpose of giving notices or doing other acts preliminary to such elections ; and (fe) for the purpose of the powers, duties, and liabili- ties of councils or other bodies elected under this Act, or other matters not specifically men- tioned, be the day on which the members of such councils or other bodies first elected under this Act come into ofiice ;' and (c) for the purpose of powers, duties, and lialdlities transferred to a council of a borough by this Act, be the first day of November next after the passing of this Act ; and the lists and registers of parochial electors shall be made out in such parts as may be necessary for the purpose of the first elections under this Act. Provided that where an order of a county council postpones the operation of the section* with respect to highways as respects their county or any part thereof the day on which such postponement ceases shall, as respects such county or part, be the appointed day, and the order of postponement shall make such provision as may be necessary for holding elections of highway boards during the interval before the appointed day. 240 56 & 57 VICT., c. 73. Note to ^ Election includes botli the nomination anil the poll (Section Sec. 84. 75) (p. 226). - Tliis date of coming into office only applies to the fii'st elections under this Act. 3 As to division into wards, see Section 18 as to parishes, Section 20 (3) as to unions. Section 271 Public Health Act, 1875, as to urban districts which are districts of local boards. ^ As to alteration of boundaries see Section 36. '" The "appointed day" is fixed in sub-section (4). ^ Application for division of a parish into wards may be made to the county council by not less than one tenth of the parochial electors of the parish (Section 18 [1]). 7 As to the day of first coming into office see sub-section 2. 8 That is, Section 25 (p. 133).' Current 85. (1) Every rate and precept for contributions rates, -c. j^-^g^^jg before tlie appointed day^ may be assessed, levied, and collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if this Act had not passed. (2) The accounts of all receipts and expenditure before the appointed day^ shall be audited,^ and dis- allowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not passed, but as soon as j)racticable after the appointed day ■} and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day.^ (3) All proceedings, legal and other, commenced before the appointed day,^ may be carried on in like manner, as nearly as may be, as if this Act had not passed, and any such legal proceeding may be amended in such manner as may appear necessary or proper in , order to bring it into conformity with the provisions of this Act. (4) Every valuation list made for a parish divided by this Act^ shall continue in force until a new valuation list is made. (5) The change of name of an urban sanitary au- thority^ shall not affect their identity as a corporate body or derogate from their powers, and any enactment in any Act, whether public genei'al 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. LOCAL (JOVKKNMKNT ACT, 1894. 'J 41 1 See Section 84 (4) tor definition of "appointed day." Note to 3 For provisions as to audit see Section 58 and note thereon. Sec. 85. 3 See Section 1 (3) and Section 36. * As to clianjje of name of urban sanitary authority see Sections 2\ (1) iind 55 (3). 5 See Section 75 for definition of " local and personal Act." 86. (1) Nothing in this Act shall prejudicially ^^^^l"' iitt'ect any securities granted before the passing of this aecuritres Act on the credit of any rate or property transferred to '-"^^^^^.^^^^ a council or parish meeting by this Act ; and all such of debts. securities, as well as all unsecured debts, liabilities, and obligations incurred by any authority in the exercise of any powers or in relation to any property transferred from them to a council or parish meeting shall be dis- charged, 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 Avhich 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 poAvers, duties, and liabilities are transferred by this Act to liquidate so far as practicable before the ap- pointed day,- all current debts and liabilities incurred by su<:-h authority. 1 Where it is necessary for a parish council to levy a rate in the circumstances specified in this section, it would appear that such rate may be levied in addition to the si.xpenny rate mentioned in Section 11 (3). Compare Section 82 (2). 2 Appointed day, see Section 84 (4). 87. All such bye-laws, orders, and regulations of any Saving for authority, whose powers and duties are transferred by bje-ials. this Actto any council, as are in force at the time of the transfer, shall, so far as they relate to or are in pur- suance of the powers and dutie.s 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, saving for liabilities, debts, or iMoperty are by this Act transferred Po,';f;"c"t..S:c. to a council or parish meeting, any action or proceeding, or any cause of action or proceeding is pending or existing by or against any authority in relation thereto the same shall not be in 'anywise prejudicially affected by the passing of this Act, but may be continued, 16 242 56 & 57 vicT., c. 73. Sec. 88. prosecuted, and enforced by or against the council or parish meeting as successors of the said authority in like manner as if this Act had not been jnissed. (2) All contracts, deeds, boiids^, agreements, and other instruments subsisting at the time of the transfer in this section mentioned, and affecting any of such powers, duties, liabilities, debts, or property, shall be of as full force and ett'ect 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. iiepeai. 89. The Acts specified in the Second Schedule to this Act are hereby repealed as from the appointed day^ to the extent in the third column of that schedule men- tioned, 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 Avards 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. 1 See Section 84 (4) as to appointed day. The Second Scliedule will be found on pages 249 — 252. SCHEDULES. FIRST SCHEDULE. Rules as to Parish Meetings, Parish Councils, AND Committees. Part One. Rules applicable to Parish Meetings. Section 2. (1) *The annual assembly of the parish meeting shall be held on [the twenty-fifth day of March in each year, or within seven days before or after that day]. * Rule (1) was repealed by the Local Government Act, 1897 (p. 306), and the following provision substituted: — "The annual aBsembly of the parish meeting shall be held on some day between the first day of March and the first day of April, both inclusive, in each year." LOCAL (iOVKUNMKNT ACT, 1894. 243 (2) Not less than seven clear days before any parish Sec. 2. nieetino:, jmblic notice* thei'eof shall be given specify- ing the time and place of the intended meeting and the businessf to be transacted at the meeting, and signed by the chairman of the parish council or other conveners! of the meeting. § (3) If the business relates to the establishment or dissolution of a parish council, or the grouping of a parish, or the adoption of any of the adoptive Acts, not less than fourteen days' notice shall be given. (4) A parish meeting may discuss parish affairs and pass resolutions thereon. (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 decision as to the result, and that decision shall be final, unless a poll is de- manded. (6) A poll may be demanded at any time before the conclusion of a parish meeting. (7) A poll may be demanded|| by any one parochial elector in the case of a resolution respecting any of the following matters, namely : — (a) Any application, representation, or complaint to a county council or district council ; (b) The ap])oiutment of a chairman for the year or of a committee, or the delegation of any powers or duties to a committee, or the approval of the acts of a committee ; (c) The appointment of an overseer, the appoint- ment or revocation of the appointment or dis- missal of an assistant overseer or a parish oflBcer ; (d) The appointment of trustees or beneficiaries of a charity ; (e) The adoption of any of the adoptive Acts ; * See also Section 51. t The President of the Local Government Board, Mr. Shaw Lefevre, stated in the House of Commons tliat it appeared to him that if it is intended to bring a subject before an aimual parisli meeting, previous notice of such intention ought to be given (' Times,' 10th May, 1895). X The persons who may convene parish meetings are specified in Section 45. § If the time is insufficient for transacting all the business the meeting may be adjourned, and in that case it will not he necessary, though it may be convenient, to issue notices as for a fresh meeting. II A poll was granted on the demand of a defeated candidate at a parish council election. After the meeting it was found that he !44 Sec. 2. 06 i^ 57 VICT., c. 73. (/) The formation or dissolution of a school board ; (g) The consent or refusal of consent to any act, matter, or thing which cannot by law be done without that consent ; (h) The incurring of any expense or liability ; (?■) The place and time for the assembly of 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 parochial electors present at the meet- ing, not being less than five in number or one third of those present, whichever number is least. (8) In case of an equal division of votes at a parish meeting the chairman shall have a second or casting vote. (9) Where a parish meeting is held for the election of parish councillors, opportunity shall be given at the meeting for putting questions to such of the candidates as are present, and receiving explanations h'om them,t and any candidate shall be entitled to attend the meet- Notices of poll issued : no power to counter- maml. Election petition. Statements at parish meeting: privilege. was not a parochial elector. Thereupon the Chairman sent out notices that the poll would not take place, and gave his certificate that A and B had been duly elected at the parish meeting. The poll was held, however, and D and E received the majority of votes. D and E attended the first meeting of the parish council held after the election, and signed the prescribed declaration. The chairman then refused to allow A and B to sign the declara- tion or to act on the council : Jleld by the Queen's Bench Division (Cave and Wright, .TJ.) that after the Chairman had sent out the notices for a poll he had no power to countermand the poll ; that he had no power then to certify that A and B had been elected ; that he should have left the parties to their own remedies; that a mandamus was not applicable to decide who was in fact elected ; that the proper mode of determining this was by election petition, and that if it was too late for such a petition it might be a very good reason for the county council to interfere and put an end to the difiiculty. Reg. v. Miles [ex jjarle Cole] (59 J. P. 407). * In the parish council election order, issued on 23rd January, 1897, the Local Government Board omitted the provision con- tained in previous orders that any parochial elector may demand a poll for the election of parish councillors. t A statement made at a parish meeting by a parochial elector with a view of showing that a candidate is unfit for election, is a privileged statement ; but where it was stated that the candi- date had " robbed the parish," when it was only intended to imply that certain money was owed by him to the parish, the jury were directed by Kennedy, .1., that the use of such a word was evidence of an ulterior motive, which would destroy the privilege if they were of opinion that the defendant was influenced by it. Wing v. Stevens (1895), ' Times,' 2l8t June, 1895. LOCAL GOVERNMENT ACT, 1894. 245 iu^ and speak thereat, but, unless be is a parochial Sec. 2. elector, uot to vote. (10) If the chairman of the parish meeting is absent from or unwilling or unable to take the chair at any asseml)ly of the parish meeting, the meeting may app(,>int a person to take the chair, and that person shall have, for the purpose of that meeting, the powers and authority of the chairman. (11) Any notice required to be given to or served on a parish meeting may be given to or served on the chairman of the j)arish meeting. Part Two. Sections. Rules applicable to Parish Councils, (1) Every parish councillor shall, at the first meet- ing after his election, or if the council at the first meeting so permit, then at a later meeting fixed by the council, sign, in the ])reseuce of some member of the council, a declaration* that he accepts the ofiice, and if he does not sign such a declaration his ofiice shall be void. (2) If any casual vacancy arises in the council, the council shall forthwith be convened for filling the vacancy. (3) The first businessf at the annual meeting shall be to elect a chairman and to appoint the overseers. of oflSce. * The Local Government Board have suggested the following Declaration form of declaration of acceptance of office by a parish councillor : °f IJ^ff^"" Parish of . I, of hereby declare that I accept the office of parish councillor for the above-named parish. Dated this day of , 189 . This declaration was signed in the presence of me, Member of the parish council of the above-named parish. The Local Government Board have expressed the opinion that if the chairman of the parish council is elected from outside the councillors, he is not required to make any declaration of accept- ance of office ('Times,' 14tb January, ISOi). In their opinion, however, every councillor must make the declaration, even if he held office as such previous to the last election. t The President of the Local Government Board (Mr. Shaw Reading and Lefevre) stati'd in the House of Commons that it appeared to him signing that it was not necessary that the reading and signing of tlie '""'"'«'• minutes of the last meeting should be postponed until the chairman of the parish council is elected and the overseers are appointed (' Times,' 9th April, 1895). 24G 56 & 57 viCT., c. 73. Sec. 3. (4) The chairman may at any time convene a meet- ing of the jjarish coTincil. If the chairman refuses to convene a meeting of the council after a I'equisition for that purpose signed by two members of the council has been presented to him, any two members of the council may foi'thwith, oix that refusal, convene a meeting. If the chairman (without so refusing) does not within seven days after such presentation, convene a meeting, any two memljers of the council may, on the expiration of those seven days, convene a meeting. (5) Three clear days at least before any meeting of a pai'ish council notice thereof, specifying the time and place of the intended meeting and the business to be transacted at the meeting, and signed by or on behalf of the chairman of the parish council or persons con- vening 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 giveii to every member of the parish council immediately after his election. (6) Any notice required by law to be given to the chairman or any other member of the parish council may be left at or sent by post to the usual place of abode of such chairman or member. (7) No business shall be transacted at any meeting of a parish council unless at least one third of the full nu mber of memljers are* present thereat, subject to this qualification, that in no case shall the quorum be less than three. (8) The names of the members present at any meet- ing of the parish council, as well as of those voting on each question on which a division is taken, shall be re- corded, so as to show whether each vote given was for or against the question. (9) Every question at a meeting of a parish council shall be decided by a majority of votes of the members present and voting on that question. (10) In case of an equal division of votes the chair- man of the meeting shall have a second or casting vote. (11) The parish council may, if they think fit, ap- point one of their number to be vice-chairman, and the vice-chairman shall, in the absence or during the ina- bility of the chairman, have the powers and authority of th<' chairman. (12) The proceedings of a pai'ish council shall not be invalidated by any vacancy among their members, or by any defect in the election or qualification of any mem- bers thereof. LOfAL GOVERNMENT ACT, 1894, 247 (13) A parish couucil shall hold not less tbau furposes of tliis Act, and may cliange the guardian if and as occasion recjuires. 26. Any notice, request, demand, or other instrument under thi-* Service of Act m;iy 1)0 served on the person to whom it is to be given, either ""''•^s- ^• personally or by leaving it for him at his last known place of abode in England, or by sending it through the post in a registered letter addressed to him there ; and if so sent by post it shall be deemed to have been served at the time when t,lie lettisr containing it would be delivered in ordiuiiry course; and in order to prove service by letter it shall be suthcient to prove that tiie letter was properly addressed and posted, and that it contained the notice, request, demand, or otlier instrument to be served. Charge of Tenant's Compensatien. 29. A landlord,* on paying to the tenant the amount due to him Power for in respect of compensation under this Act, or in respect of com- ''""I'oJ'l on pensation authorised by this Act to be substituted for compensation peiisation to under this Act, or on expending such iimount as may be necessaiy obtain to execute an improvement under the second part of the First cliarge. Schedule hereto, after notice given by tiic tenant of his intention to execute such improvement in accordance with this Act, shall be entitled to obtain from the county court a charge on the holding, or any part thereof, to the amount of the sum so paid or expended. The court shall, on proof of the payment or expenditure, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, make an order charging the holding, or any part thereof, witli repayment of the amount paid or expeniied, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit. But, wliere the landlord obtaining the charge is not absolute owner of the holding for his own benefit, no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation is paid will, where an award has been made, be taken to have been exhausted according to the declaration of the award, and in any other case after the time wIrii any such improvement will in the opinion of the court, after hearing such evidence (if any) as it thinks expedient, have become exhausted. The instalments and interest shall be charged in favour of the landlord, his executors, administrators, and as>igns. The estate or interest of any landlord holding for an estate or interest determinable or liable to forfeiture by reason of his creating * Executors of a landlord who have paid compensation to tenant may obtain from the county court, under Section 29, a chiirge on the holding' to the amount ot the sum paid. Gough r. Gough (1891), 2 Q. B. 6G5; GO L. J. Q. B. 726; 65 L. T. 110; 39 W. R. 593; 5o J. 1>. 807. 264 46 & 47 VICT., c. 61. Sec. 29. 45 & 46 Vict. c38. Incidence of charge. Prorision in case of trustee. Advance made by a company. or suffering any charge thereon shall not be determined or forfeited by reason of his obtaining a charge under this Act, anything in any deed, will, or other instrument to the contrary thereof notwith- standing. Capital money arising under the Settled Land Act, 1882, may be applied in payment of any moneys expended and costs incurred by a landlord under or in pursuance of this Act in or about the execu- tion of any improvement mentioned in the first or second parts of the schedule hereto, as for an improvement authorised by the said Settled Land Act ; and such money may also be applied in discharge of any charge created on a holdiug under or in pursuance of this Act in respect of any such improvement as aforesaid, as in discharge of an incumbrance authorised by the said Settled Land Act to be discharged out of such capital money. 30. The sum charged by the order of a county court under this Act shall be a charge on the holding, or tlie part thereof charged, for the landlord's interest therein, and for all interests therein subsequent to that of the landlord ; but so that the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assigns, in the tenancy where the landlord is himself a tenant of the holding. 31. Where the landlord is a person entitled to receive the rents and profits of any holdiug as trustee, or in any character otherwise than for his own benefit, the amount due from such landlord in respect of compensation under this Act, or in respect of compen- sation authorised by this Act to be substituted for compensation under this Act, shall be charged* and recovered as follows and not otherwise ; (that is to say,) (1) The amount so due shall not be recoverable personally against such laudlord, nor shall he be under any liability to pay such amount, but the same shall be a charge on and recoverable against the holding only. (2) Such landlord shall, either before or after having paid to the tenant the amount due to hiin, be entitled to obtain from the county court a charge on the holding to the amount of tlie sum required to be paid or which has been paid, as the case may be, to the tenant. (3) If such landlord neglect or fail within one month after the tenant has quitted his holding to pay to the tenant the amount due to him, then after the expiration of such one month the tenant shall be entitled to obtain from the county court in favour of himself, his executors, administrators, and assigns, a charge on the holding to the amount of the sum due to him, and of all costs i)roperly incurred by him in obtaining the charge or in raising the amount due there- imder. (4) The court shall on proof of the tenant's title to have a charge made in his favour make an order charging the holding with payment of the amount of the charge, including costs, in like manner and form as in case of a charge which a land- lord is entitled to obtain. 32. Any company now or hereafter incorporated by Parliament, and having power to advance money for the improvement of land, may take an assignment of any charge made by a county court * By 53 and 54 Vict., c. 57, s. 3, charges under Section 31 are land charges and must be registered under the Land Charges Kegistratioa and Searches Act, 18So. AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 2G5 under the provisions of this Act, upon such terms and conditions Sec. 32. as may be agreed upon between such company and tlie person entitled to sucli charge; ami such company may assign any charge so acquired by them to any person or persons whomsoever. Notice to Quit. 33. Where a half-year's notice,* expiring with a year of tenancy Time of is by law necessary and sufficient for determination of a tenancy n^^['^* ^° from year to year, in the case of any such tenancy under a contract of tenancy made either before or after the commencement of this Act, a year's notice so expiring shall by virtue of this Act be necessary and sufficient for the same, unless the landlord and tenant of the holding, by writing under their hands, iigree that this section shall not :ipply, in which case a half year's noi ice shall continue to be sufficient; but notliing in this section siiall extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composition or arrangement with his. creditors. Fixtures. 34. Where after the commencement of this Act a tenant affixes Tenant's to his holding any engine, machinery, fencing, or other fixture, or propeity in erects any building for which he is not under this Act or other- chi^ti^'&c. wise entitled to comjicnsation, and which is not so affixed or erected in pursuance of some obligation in that behalf or instead of some fixture or building belonging to the landlord, then such fixture or building shall be the property of and be removable by the tenant before or within a reasonable time after the termination of the tenancy. Provided as follows : (1) Before the removal of any fixture or building the tenant shall pay all rent owing by him, and shall perform or satisfy all other his obligations to the landlord in respect to the holding : (2) In the removal of any fixture or building the tenant shall not do any avoidable damage to any other building or other part of the holding : (3) Immediately after the removal of any fixture or building the tenant shall make good all dam ige occasioned to any other building or other part of the holding by the removal : (4) The tenant shall not remove any fixture or building without giving one month's previous notice in writing to the land- lord of the intention of the tenant to remove it : (5) At any time before the expiration of the notice of removal the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture or building com- prised in the notice of removal, and any fixture or building thus elected to be purchased shall be left by the tenant, and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tennnt of the liolding; and any dill'erence as to the value shall be settled by a reference under this Act, as in c:ise of compensation (but without appeal). • Difference between a half-vear's notice and six months' notice: see Barlow v. Teal, lo Q. B. D. oOl ; 54 L. J. Q. B. 564; 54 L. T. 63; 34 W. 11. 54, 50 J. P. 100. 266 46 & 47 VICT., C. 61. Application of Act to Crown lands. Croion and Duchy Lands, 35. This Act shall extend and apply to land belonging to Her Mnjesty the Queen, her heirs and successors, in right of the Crown. With respect to such lands for the purposes of this Act, the Com- missioners of Her Majesty's Woods, Forests, and Land Revenues, or one of them, or other the proper officer or body having charge of such land for the time being, or in case there is no such officer or body, then such person as Her Majesty, her heirs or successors, may appoint in writing under the Royal Sign Manual, shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord. Any compensation payable under this Act by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or either of them, in respect of an improvement mentioned in the first or second part of the First Schedule hereto, shall be deemed to be payable in respect of an improvement of land within Section one of the Crown Lands Act, 1866, and the amount thereof shall be charged and repaid as in that section provided with respect to the costs, charges, and expenses therein mentioned. Any compensation payable under this Act by those Commissioners, or either of them, in respect of an improvement mentioned in the third part of the First Schedule hereto, shall be deemed to be part of the expenses of the management of the Land Revenues of the Crown, and shall be payable to those Commissioners out of such money and in such manner as the last-mentioned expenses are by law payable. 36. This Act shall extend and apply to land belonging to Her Majesty, her heirs and successors, in right of the Duchy of Lancaster, With respect to such land for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord. The iimount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the first or second part of the First Schedule to this Act shall be deemed to be an expense incurred in improvement of land be- longing to Her Majesty, her heirs or successors, in right of the Duchy, within Section twenty- five of the Act of the fifty-seventh year of King George the Third, chapter ninety-seven, and shiiU be raised and paid as in that section provided with respect to the expenses therein mentioned. Tlie amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the third part of the First Schedule to this Act shall be paid out of the annual revenues of the Duchy. 37. This Act shall extend and apply to land belonging to the Duchy of Cornwall. With respect to such land, for the purposes of this Act, such person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and posses- sions of the Duchy of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Corn- wall or other the personage aforesaid, and be deemed to be the land- lord, and may do any act or thing under this Act which a landlord is authorised or required to do thereunder. Any compensation payable under this Act by the Duke of Corn- Application of Act. to Duchy of Lancaster. Applicatiou of Act to Duchy of Cornwall. AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 267 wall, or oilier the persoimge aforesaid, in respect of an iinproveuieiit Sec. 37. mentioned in the first or second part of the First Schedule to this Act shall be deemed to be i)ayiihle in respect of an iiiiproveujeiit of land within Section eight of the Duchy of Cornwall Management 26&27Vict^ Act, 1863, and the amount thereof may be advanced and paid from '• ^'' the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements. Ecclesiastical and Charity Lands. 38. Where lauds are assigned or secured as the endowment of a Landlord, see, the powers by this Act conferred on a landlord shall not be arclitnsiiop, exercised by tlie archbishop or bishop, in respect of those lands, *"^ '* °^' except with the previous approval in writing of the Estates Com- mittee of the Ecclesiastical Commissioners for England. 39. Where a landlord is incumbent of an ecclesiastical benefice, Landlord the powers by this Act conferred on a landlord shall not be exercised incumbent by him in respect of the glebe land or other land belonging to the °^ Ijeuefice. benefice, except with the previous approval in writing of the patron of the benefice, that is, the person, officer, or authority who, in case the benefice were vacant, would be entitled to present thereto, or of the Governors of Queen Anne's Bounty (that is, the Governors of the Bounty of Queen Anne for the Augmentation of the M;dnte- nauce of the Poor Clergy). In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the incumbent, out of any money in their hands, ])ay to the tenant the amount of compensation due to him under tliis Act; and thereupon they may, instead of the incum- bent, obtain from the county court a charge on the holding, in re- spect thereof, in favour of themselves. Every such charge shall be eflectual, notwithstanding any change of the incumbent. 40. The powers by this Act conferred on a landlord in respect of Landlord, charging the land shall not be exercised by trustees for ecclesiastical charity or charitable purposes, except with the previous approval in writing ^^ ^'^^' of the Charity Commissioners for England and Wales. Resumption for Improvements, and Miscellaneous. 41. Where on a tenancy from year to year a notice to quit is Resumption given by the landlord with a view to the use of land for any of the of possessioo following purposes : ^f cottages. The erection of farm labourers' cottages or other houses, with or without gardens ; The providing of gardens for existing farm labourers' cottages or other houses ; The allotment for labourers of land for gardens or other pur- poses ; The planting of trees ; The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connec- tion therewith; The obtaining of brick earth, gravel, or sand ; The making of a watercourse or reservoir; The making of any road, railway, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected there- with ; and the notice to quit so states, then it shall, by virtue of this Act, 2G8 46 & 47 VICT., c. 61. Sec. 41. Provision as to limited owners. be no objection to the notice that it relates to part only of the holding. In every such case the provisions of this Act respecting compen- sation shall apply as on determination of a teiaancy in respect of an entire holding. The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding, caused by the withdrawal of that land from the holding or by the use to be made thereof, and the amount of that reduction shall be ascertained by agreement or settled by a reference under this Act, as in case of compensation (but without appeal). The tenant shall further be entitled, at any time within twenty- eight days after service of the notice to quit, to serve on the land- lord a notice in writing to the effect that he (tlie tenant) accepts the same as a notice to quit the entire holding, to take effect at the exj)iration of the then current year of tenancy ; and the notice to quit shall have effect accordingly. 42. Subject to the provisions of this Act in relation to Crown, duchy, ecclesiastical, and charity lands, a landlord, whatever may be his estate or interest in his holding, may give any consent, make any agreement, or do or have done to him any act in relation to improvements in respect of which compensation is payable under this Act which he might give or make or do or have done to him if he were in the case of an estate of inheritp-nce owner thereof in fee, and in the case of a leasehold possessed of the whole estate in the leasehold. 43. When, by any Act of Parliament, deed, or other instrument, a lease of a holding is authorised to be made, provided that the best rent, or reservation in the nature of rent, is by such lease reserved, then, whenever any lease of a holding is, under such authority, made to the tenant of the same, it shall not be necessary, in estimating such rent or reservation, to take into afcount against the tenant the increase (if any) in the value of such holding arising trom any improvements made or paid for by him on such holding. Part II. Distress. Limitation 44. After the commencement of this Act it shall not be lawful of distress f^j, .^j^^ landlord entitled to the rent of any holding to which this aracmuf aud A.ct applies to distrain for rent, which became due in respect of such time. holding, more than one year before the making of such distress, except in the case of arrears of rent in respect of a holding to which this Act applies existing at the time of the passing of this Act, which arrears shall be recoverable by distress up to the first day of January one thousand eight hundred and eighty-five to the same extent as if this Act had not passed. Provided that where it appears that according to the ordinary course of dealing between the landlord and tenant of a holding the payment of the rent of such holduig has been allowed to be deferred until the expiration of a quarter of a year or half a year after the date at which such rent legally became due, then for the purpose of this section the rent of such holding shall be deemed to have become due at the expiration of such quarter or half year as aforesaid, as the case may be, and r.ot at the date at which it legally became due. Provision in case of reservation of rent. AGRICULTURAL HOLDINGS (eNGLAND) ACT, 1883, 269 45. Where live stock belonging to another person has heen t;iken Limitatiou in by the tenant of a holding to which this Act ap,)lie3 to be fed* "l^^'^^l"^ '" at a fair price agreed to be paid for such feeding by the owner of tilings to be such stock to the tenant, such stock shall not be distrained by the distrained, landlord for rent where there is other sufficient distress to be found, and if to distrained by reason of other sufficient distress not being found, there shall not be recovered by such distress a sum exceeding the amount of the price so agreed to be paid for the feed- ing, or if any part of such price has been paid exceeding the amount remaining unpaid, and it shall be lawful for the owner of such stock, at any time before it is sold, to redeem such stock by paying to the distrainer a sum equal to such price as aforesaid, and any payment so made to the distrainer shall be in full discharge as against the tenant of any sum of the like amount which would be otherwise due from the owner of the stock to the tenant in respect of the price of feeding : Provided always, that so long as any portion of such livestock shall remain on the said holding the right to distriiin such portion shall continue to the full extent of the price originally agreed to be paid for the feeding of the whole of such live stock, or if part of such price hus been bona fide paid to the tenant under the agreement, then to the full extent of the price then remaining unpaid. Agricultural or other machinery which is the bona fide property of a person other than the tenant, and is on the premises of the tenant under a bona tide agreement with him for the hire or use thereof in the conduct of his business, and live stock of all kinds which is the bona tiile property of a person other than the tenant, and is on the premises of the tenant solely for breeding purposes, shall not be distrained for rent in arrcar. 46. Where any dispute arises — Remedy foe (rt) in respect of any distress having been levied contrary to the wrongful provision of this Act ; or distress (i) as to the ownership of any live stock distrained, or as to the ^jt_ price to be paid for the feeding of such stock ; or (c) as to any other matter or thing relating to a distress on a holding to which this Act applies : such dispute m:iy be heard and determined by the county court or by a court of summary jurisdiction, and any such county court or court of summary jurisdiction may make an order for restoration of any live stock or things unlawfully distr;iined, or may declare the price agreed to be paid in the case where the price of the feed- ing is required to be ascertained, or may make any other order which justice requires; any such dispute as mentioned in this section shall be deeiued to be a matter in which a court of summary jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts; but any person aggrieved by any decision of such court of summary jurisdiction under this section may, on giving such security to the other party as the court may think just, appeal to a court of general or quarter sessions. 47. Where the compensation due under this Act, or under any Set-off of custom or contract, to a tenant has been ascertained before the oj"?*"- landlord distrains for rent due, the amount of such compensation ag.,„i6i rent. * Masters c. Green, 20 Q. B. D. 807 ; 59 L. T. 476; 36 W. R. .591 ; 52 J. r. 597. London and Yorkshire bank v. Belton, 15 Q. B. 1). 457; 54 L. J. Q. B. 568 ; 34 W. R. 31 ; 50 J. P. 86. 270 46 & 47 VICT., c. 61. Sec. 47. may be set off against the rent dne, and tbe landlord shall not be entitled to distrain for more than the balance. Exclusion of 48. An order of the county court or of a court of summary certiorari. jurisdiction under this Act shall not be quashed for want of form, or be removed by certiorari or otherwise into any superior court. PART III. General Provisions. Commence- 53. This Act shall come into force on the first day of January mentof Act. one thousand eight hundred and eighty-four, which day is in this Act referred to as the commencement of this Act. Holdings to 64. Nothing in this Act shall apply to a holding that is not which Act either wholly agricultural or wholly pastoral, or in part agricultural, applies- mjj ag ^Q t)jg residue pastoral, or in whole or in part cultivated as a market garden, or to the holding let to the tenant during his continuance in any office, appointment, or employment held under the landlord. Avoidance 55. Any contract, agreement, or covenant made by a tenant, by of agreement virtue of which he is deprived of his right to claim compensation '"ih'A^t'^"'^ under this Act in respect of any improvement mentioned in tlie First Schedule hereto (except an agreement providing such com- pensation as is by this Act permitted to be substituted for com- pensation under this Act), shall, so far as it deprives him of such right, be void both at law and in equity. Right of G6. Where an incoming tenant has, with the consent in writing tenant in pf \^\^ landlord, paid to an outgoing tenant any compensation ^pwemeut payable under or in pursuance of this Act in respect of the whole purclrased or part of any improvement, such incoming tenant shall be entitled from out- on quitting the holding to claim compensation in respect of such going enan . jniprovement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the bokiing, and quitted the holding at the time at which the incoming tenant quits the same. Compensa- 57. A tenant shall not be entitled to claim compensation by fv" 1^^" custom or otherwise than in manner authorised by this Act in b« exclusive, respect of any improvement for which he is entitled to compensa- tion under or in pursuance of this Act, but where he is not entitled to compensation under or in pursuance of this Act he may recover compensation under any other Act of Parliament, or any agree- ment or custom, in the same manner as if this Act had not passed. Provision as 58. A tenant who has remained in his holding during a change to change of or changes of tenancy shall not thereafter on quitting his holding enancy. ^^ ^^^^ determination of a tenancy be deprived of his right to claim compensation in respect of improvements by reason only that such improvements were made during a former tenancy or tenancies, and not during the tenancy at the determination of which he is quitting. Restriction 50. Subject as in this section mentioned, a tenant shall not be in respect of entitled to compensation in respect of any improvements, other improve- ^jj^j^ u^aiiures as defined by this Act, begun by him, if he holds tenant al)out from ytar to year, within one year before he quits his holding, or to quit. at any time after he has given or received final notice to quit, and, if he holds as a lessee, within one year before the expiration of his lease. * Sections 49, 50, 51, and 52 are repealed by 51 and 52 Vict., c. 21' 8.9. AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 271 A final notice to quit means a notice to quit which has not been Sec. 69. waived or witluhawn, but has resulted in the tenant quitting his holding. The foreqfoihg provisions of this section shall not apply in the cas3 of any such improvement as aforesaid — (1) Where a teiuiut from year to year has begun such improve- ment during the last year of his tenancy, and, in pursuance of a notice to quit thereafter given by the landlord, has quitted his holding at the expiration of that year; and (2) Where a tenant, whether a tenant from year to year or a lessee, previously to beginning any such iniprovcnient, has served notice on his landlord of his intention to begin the sam-', and the landlord has either assented or has failed for a month after the receipt of the notice to object to the making of the improvement. 60. Except as in this Act expressed, nothing in this Act shall General take away, abridge, or prejudicially atVect any power, '"'gl't. or ^^^jj^^j^ remedy of a landlord, tenant, or other person vested in or exercise- able by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, waste implements, tillages, away-going crops, fixtures, tax, rate, tithe rentcharge, rent, or other thing. 61. In this Act — " Contract of tenancy " means a letting of or agreement for the luterpreta- letting land for a term of years, or for lives, or for lives and "on. years, or from year to year : A tenancy from year to year under a contract of tenancy current at the commencement of the Act shall for the purposes of this Act be deemed to continue to be a tenancy under a contract of tenancy current at the commencement of this Act until the first day on which either the landlord or tenant of such tenancy could, the one by giving notice to the other immediately after the comniencenicntof this Act, cause such tenancy to determine, and on and after such day as aforesaid shall be deemed to be a tenancy under a contract of tenancy beginning after the commencement of this Act: "Determination of tenancy" means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause : "Landlord" in relation to a holding means any prrson for the time being entitled to receive the rents and profits of any holding: " Tenant " means the holder of land under a landlord for a term of years, or for lives, or for lives and years, or from year to year: •* Tenant " includes the executors, administrators, assigns, legatee,, devisee, or next-of-kin, husband, guardian, committee of the estate or trustees in bankruptcy of a tenant, or any person deriving title from a tenant; and the right to receive com- pensation in respect of any improvement made by a tenant shall enure to the benefit of such executors, administrators, assigns, and other persons as aforesaid: "Holding " means any parcel of land held by a tenant : "County court," iu relation to a holding, means the county court within the district whereof the holding or the larger part thereof is situate: 272 46 & 47 viCT., c. 61. Sec. 61. " Person " includes a body of persons and a corporation aggregate or sole : " Live stock " includes any animal capable of being distrained. " Mainivos " means any of the improvements numbered twenty- two and twenty-tihree in the third part of the First Scliedule hereto : The desiirnations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improve- ments, or under any agreement made in pursuance of this Act. Repeal of 62. On and after the commencement of this Act, the ALn-icultural Acts of 1875 Holdings (England) Act, 1875, and the Agricnltural Holdings and 1876. (England) Act, 1875, Amendment Act, 187G, shall be repealed. Provided that such repeal shall not affect — (a) anything duly done or suffered, or any proceedings pending under or in pursuance of any enactment hereby repealed ; or (J) any right to compensation in respect of improvements to wliich the Agricultural Holdings (England) Act, 1875, applies, and which were executed before the commencement of this Act ; or (c) any right to compensation in respect of any improvement to wiiich the Agricultural Holdings (England) Act, 1875, applies, although executed by a tenant after the commence- ment of this Act if niade under a contract of tenancy current at the commencement of this Act ; or (d) any right in rcsi)ect of fixtures affixed to a holding before the commencement of this Act ; and any right reserved by this section may be enforced after the commencement of this Act in the same manner in all respects as if no such repeal had taken place. Short title 63. This Act may be cited for all purposes as the Agricultural of Act. Holdings (England) Act, 1883. Limita of 64. This Act shall not apply to Scotland or Ireland. Act. FIRST SCHEDULE. PART I. Improvements to which consent of Landlord is eequieed. (1) Erection or enlargement of buildings. (2) Formation of silos. (3) Laying down of permanent pasture. (4) Making and planting of osier beds. (5) Making of water meadows or works of irrigation. (6) Making of gardens. (7) Making or improving of roads or bridges. (8) Making or improving of watercourses, ponds, wells, or reser- voirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes. (9) Making of fences. (10) Planting of hops. (11) Planting of orchards or fruit bushes. (12) Keclaiming of waste land. (13; Warping of land. (14) Embankment and sluices against floods. ALLOTMENTS ACT, 1887. 273 PART li. Impbovbment in eespect of which Notice to Lakdloed 13 eequikkd. (15) Drainages PART III. Impeovements to which Consent of Landloed is not required. (16) Boning of land with undissolved bones. (17) Chalking of hind. (18) Clay -burning. (19) Claying of hind. (20) Liming of land. (21) Marling of hind. (22) Application to land of purchased artificial or other purchased manure. (23) Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. SECOND SCHEDULE. Levying distress. Three per centum on any sum exceeding £20 Section 49. and not exceeding £50. Two and a half per centum on any sum exceeding £50. To bailiff for levy, £1 Is. To man in possession, if boarded, 3s. 6d. per day ; if not boarded, OB. per day. For advertisements the sum actually paid. To auctioneer. For sale five pounds per centum on the sum realised not exceeding £100, and four jier centum on any addi- tional sum realised not exceeding £100, and on any sum exceeding £200 three per centum. A fraction of £1 to be in all cases considered £1. Reasonable costs and charges where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress ; such costs and charges in case the parties differ to be taxed by the registrar of the county court of the district in which the distress is made. ALLOTMENTS ACT, 1887. 50 & 51 VICT., CHAP. 48. An Act to Facilitate the Provisiou of Allotments for the Labouring Classes.* {_l6th ^epttmber, li^Sl.'] Be it enacted by the Queen's most Excellent Majesty, by and with the adNnce and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited as the Allotments Act, 1887. Short title. • See the L. G. B. Orders on p. 492 et seg. 18 271 50 & 51 VICT., c. 48. Duty of sanitary authority to acquire land for allot- menta. Acquisition of land for purpose of 38&39Vitt. c. 55. 8 & 9 Vict., c. 18. 2. (1) On a representation in writing to the sanitary authority of any urban or rural district by any six rei,Mstered parliamentary electors or ratepayers lesideiit, in the case of an urban district, in ttn.J; district, and, in the case of a rural district, in some parish in that district, tliat the circumstances of the urban district or parish are such that it is the duty of the sanitary authority to take pro- ceedinijs under this Act therein, the sanitary authority shall take such representation into consideration. If the sanitary autliority of any urban or rural district are of opinion, either after inquiry made in consequence of such represen- tation or otherwise, that there is a demand for allotments for the labouring population in such urban district, or in any parish in such rural district, and that such allotments cannot be obtained at a reasonable rent and on reasonable conditions by voluntary arrangement between the owners of land suitable for such allot- ments and the applicants for the same, the sanitary authority, subject to the provisions of this Act, shall by purchase or hire acquire any suitable land wliich may be available, whether within or without their district or the said parish, adequate to provide a sufficient number of allotments, and shall let such land in allot- ments to persons belont,nng to tlie htbouring population resident in the said district or pa-ish and desiring to take the same. (2)*A sanitary authority shall not under this Act acquire land for allotments save at such price or rent that in the opinion of the sanitary authority all expenses, except such expenses as are incurred in making roads to be used by the public, incurred by the sanitary authority in acquiring the land and otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof. For the purpose of tliis section, the expression "reasonable rent " means the rent, exclusive of lates, taxes, and tithe rentcharge which a person taking an allotment might reasonably be expected to pay, taking one year with another, to a landlord, having regard to the value of similar land in the ntiu''libourhood, to the extent and situation of the allotment, to the expenses of adapting tlie land to the purposes of die allotment, and to the repairs and other outgoings payable by the landlord, and to the cost and risk of collecting the rents of, and otherwise managing allotments. 3. (1) For the purj)oses of the purchase of land by agreement bv a sanitary authority for allotments. Section one hundred and seventy-eight of the Public Health Act, 1875, and the Lands Clauses Consolidation Act, 1845, and the Acts amending the same, shall be incorporated with this Act, except the provisions with respect to the purchase and taking of land otherwise than by agree- ment, and with respect to the provision to be made for ati'ordiug access tf) the special Act. (2) If a sanitary authority are unable by hiring or purchase by agreement to acquire suitable land sufficient for allotments under tliis Act for any district or parish at a reasonable price or rent and subject to reasonable conditions, such authority may petition the county authority of the county in which the district or parish is situate, and the county authority (after such inquiry and pro- cedure as provided in the sections herein-after incorporated in this Act) may make a provisional order authorising the sanitary authority to put in force, as respects the land mentioned in the order, the provisions of the Lands Clauses Consolidation Act, 1845, * As to the adaptation of these finactments for the purposes dl' Sections 9 and 10 ci the Local Government Act, 1894, -ire Local Government Board orders of 20th May, 1895, and 22nd May, 1895, and 23rd May, 1895, in the Apiieudix. ALLOTMENTS ACT, 1887. 275 and the Acts amending the same with respect to the purchase and Sec. taking of liiiul otherwise than by agreement. (3) Tlie Local (loveruineiit Board, on the application of any county authority, shall intnulueo into rarlianient a Bill confirming provisional orders made under this Act by such county authority, and the sanitary authority petitioning for the order shall be considered as the promoters of such order. (4) For the purpose of the purchase of land under this section otherwise than by agreement, Sections one hundred and seventy- six, two hundred and ninoty-six; and two Hundred and ninety- seven of the Public Health Act, 1875, shall, so far as consistent with the tenour of this Act, be incorporated with this Act, and apply as if they were herein re-enacted, with the substitution of " the county authority " for " the Local Government Board," and of " any officer of the couuty authority appointed for the purpose of an inquiry " for "inspectors of the Local Government Board." Provided that — (a) Any question of disputed compensation shall be referred to the arbitration of a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator, then, on the application of either of them, by the Local Government Board, and the remuneration to be paid to the arbitrator appointed by the Local Government Board shall be iixed by that Board : (J) If an arbitrator appointed for the purpose of this Act dies or hecomes incapable to .act before he has made his award, or fails to make his award within two mouths after he is ap- pointed, his appointment shall determine, and the determina- tion of the compensation shall be referred to another arbi- trator appointed in like manner as if no arbitrator had been previously appointed : Provided always, that the same arbi- trator may be re-api)ointed : (c) An arbitrator appointed under this section shall be deemed to be an arbitrator within the meaning of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same, and the provisions of those Acts with respect to an arbitra- tion shall apply accordingly ; and, further, the arbitrator, notwithstanding anything in the said Acts, shall determine the amount of the costs and shall have powers to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. (5)* In construing for the purposes of this section any section or Acts incorporated witli this section, this Act, together with any Act 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 promoters 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 : (a) The county authority shall not make a i)rovisional 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 com- • See note to Section 2 (2). 276 50 & 51 VICT., C. 48. Sec. 3. pany which is or may be required for the purpost^s of their undertaking : (i) The county authority shall, in niiiking a i)rovi.sioual order for purchasing land, have regard to the extent of land held in the neighbourhood by any owner and to the convenience of other property belonging to the same owner, and shall so far as is practicable avoid tnking an undue or inconvenient quantity of land from any one owner. (7)* For the purpose of the hiring of land by a sanitary authority for allotments, any person or body of persons or body corporate authorised to sell land to the sanitary authority for the purposes of this Act may, without prejudice to any other power of leasing, lease land to the sanitary authority, without any fine or premium, for a term not exceeding thirty-five years. (8)* The county authority shall not make a provisional order for purchasing anj- right to coal or metalliferous ore. Costs to be 4_ Where any Bill for confirming a provisional order made under crrtaiu cases ^^^^ ^'^^ '^ referred to a committee of either House of Parliament upon the petition of any person opposing such Bill, the committee shall take into consideration the circumstances under which such opposition is made to the Bill, and whether such opp(«ition was or was not justified by the circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the Bill, as the committee may think just. Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the 28&29Vict., twenty-eighth and twenty-ninth Victoria, chapter twenty-seven. '■ *'• The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee. Improve- ^ fpj^g sanitary authority may improve any land acquired by them adaptation of under this Act, and adapt the same for letting in allotments, by land for draining, fencing, and dividing the same, acquiring api^roaches, allotments, making roads, and otherwise, as they think fit, and may from time to time do such things as may be necessary lor maintaining such drains, fences, approaches, and roads, or otherwise for maintaining the allotments in a proper condition. Manage- g (]^^ Subject to the provisions of this Act, the sanitary allotments, authority may from time to time make, revoke, and vary such regulations as appear to be necessary or proper for regulating the letting of allotments under this Act, and for preventing any undue preference in the letting thereof, and generally for carrying the provisions of this Act into effect; and such regulations may define the persons eligible to be tenants of such allotments, and the notices to be given for the letting thereof, and the size of the allotments, and the conditions under which they are to be culti- vated, and the rent to be paid for them. Provided that all such regulations shall make ])rovision for reasonable notice to be given to a tenant of any allotment of the determination of his tenancy. Provided also, that all regulations made under this Section shall not be of any force unless and until they have been confirmed by the Local Government Board, in like manner and subject to the 38 & 39 Vict., like provisions as in the case of bye-laws under the Public Health <=• "• Act, 1875. (2) All regulations for the time being in force under this Section shall be binding on all persons whatsoever ; and the sanitary authority shall cause them to be from time to time made known, * See note to Section 2 {2). " ALLOTMENTS ACT, 1887. 277 in such mauncr as the sanitary authority tliink fit, to all persons Sec. 6. interestetl, and shall cause a copy thereof to be piven gratis to any inhabitant of trie district or parish denianditi' which may be established under any Act of any future session of' Parliament,* and until such vepresentative body is established the powers and duties of the county authority under this Act shall be exercised and performed by the Local Government Board, and the provisions of this Act and of the enactments incorporated with this Act shall accordingly be construed witli the necessary moditicatiou. 17. In this Act, unless the context otherwise requires — Definitions. The expression ''allotment" includes a field garden. f The expressions " urban district " and " rural district " mean respectively an urban and rural sanitary district within the meaning of the Public Health Act, 1875. The expression " sanitary authority " means the urban sanitary authority of an urban sanitary district and the rural sanitary * As to county boroughs see Section 34 (7) Local Govei-nment Act, 1888. t A piece of land occupied by a seedsman for the purposes of bis busi- ness, on which land he j;rew veg-etable-!, flowering: plants, fruit trees, &c., was held not to be an '" allotment " within the nieaiiinir of Section 4 of the Allotments and Cottage Gardens Compensation for Crops Act, 1887, because it was not cidtivated as a farm, or as a "garden " in the ordi- nary sense, namely, as a place where fruit, vegetables, or flowers were grown for food or pleasure. Cooper v. I'earse, 1896, 1 (J. B. 562. 284 53 & 54 vict., c. 65. authority of a rural sanitary district within the meaning of the Puhlic Health Act, 1875. The expression " hind " includes pasture, arable, and other land, and any right of way or easement. Extent of 18. This Act shall not apply to Scotland or Ireland Act. ALLOTMENTS ACT, 1890. 53 & 54 VICT., c. 65. An Act to provide for an Appeal from a Sanitary Authority failing A..D. 1890. to carry into effect the Allotments Act, 1887. — [IHth August, 1890.] Be it enacted hy the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : _ , . 1. This Act shall be construed as one with the Allotments Act, and short 1887 (in this Act referred to as the principal Act), and the title. principal Act and this Act may be cited together as the Allotments 50 & 51 Vict., Acts, 1887 and 1890, and this Act may be cited as the Allotments ^- Act, 1890. 2. (1) Where such representation as is authorised by Section Appeal to ^y,Q Qf |.]^g principal Act has been made to the sanitary authority countv . • . council bv with respect to any district or parish, not being within the limits persons of a borough as defined by the Municipal Corporations Act, 1882, entitled to ^■^■^^^ ^yy gj^ persons qualified to make such representation* consider representa- that the circumstKuces of the district or parish are such as to make tion to it the duty of the sanitary authority to take proceedings under that sanitary ^^t therein, and that the sanitary authority have failed to acquire AsiJ/tRV- f land adequate and suitable in quality and position to provide a g 50 * '' sufficient number of allotments, such persons may petition the county council of the county in which such district or parish is situate, stating the facts and requesting the council to put into force the principal Act for the purjjose of providing a sufficient number of allotments for the district or parish. (2) The council, if satisfied by the incjuiry hereinafter mentioned that the circumstances are such tliat land for allotments should be acquired, shall pass a resolution to tliat effect, and thereupon the powers and duties of the sanitary authority under the principal Act, so far as res.'ards that district or parish, shall be transferred from the sanitary authority to the county council, and the county council, in substitution for tlie sanitary autliority, shall proceed to acquire hind in accordance with the principal Act, and otherwise execute that Act in the said district or parish. Provided tliat this section shall not affect the property in, or any powers or duties of the sanitary authority in relation to, any land which before the passing of the said resolution was acquired by the sanitary authority under the principal Act. Standing 3.f (1) For the purposes of this Act or the principal Act every committee, county council, as soon as is conveniently practicable after the passing of this Act, and annually thereafter at the meeting for the 61 & 52 Vict., election of chairman, shall appoint under the Local Government C.41. _ ^ ^ * See Section 9 (17) Local Government Act, 1894 (p. 93). + See note to Section 2 (2), Allotments Act, 1887. ALLOTMENTS ACT, 1890. 285 Act, 1888, a standing committee not exceeding one-fourth of their Sec. 3. whole body. (2) For the ]>urposes of any business under this Act relating to any distrii't or piirisli wholly or partly situate in an electoral division, the county councillor representing that division shall, if not already appointed, be an additional nieudjer of the committee. (3) Any petition under this Act shall as of course, and without any order of the council, be referred to the standing committee, who, on being satistied of tlie bona, fides of the application, shall forthwith cause a local inquiry into the circumstances to be made, and shall report the result to the council. (4) An inquiry under this Act or the principal Act shall be held by such one or more mendjers of the standing committee, or such officer of the county council or other person as the standing com- mittee may a])point to hold the same. 4. Where the powers of the sanitary authority under the principal Supplemen- Act are, by virtue of this Act, transferred to thecountv council, the ''i' P'"o'"B.>o''a <■ 11 • • • 1 11 1 «• ' on councu loUowing provisions shall nave cfrect : — acquiring (a) Tiie principal Act shall apply with the modifications necessary powers of for giving ettect to this Act : amhorlt (6) The county council may borrow for the purposes of this Act ' subject to the conditions, in the manner, and on the security of the rate, subject to, in, and on the security of which the sanitary authority might have borrowed under the principal Act, if this Act had not been passed. The council shall have power to chartre the said rate with the repayment of the principal and interest of the loan ; and such loan with the interest thereon shall be paid by the sanitary authority in like manner, and such charge shall have the like effect, as if the loan were lawfully raised and charged on that rate by the sanitary authority. (c) The county council shall keep separate accounts of all receipts and expenditure under this Act, and, in the application of 51 & 52 Vict, 'sub-section six of Section ten of the principal Act, the Local c. 41. Government Act, 1888, shall be substituted for the Public 38&39Vict., Health Act, 1875 : '^- "• (d) The county council may make a provisional order for the purchase of land on the recommendation of the standing committee, without any petition from the sanitary authority, and the council shall be considered as the promoters of the order : (e) The county council may delegate to the sanitary authority any powers under Section six. Section seven, or Section eight of the principal Act (which sections relate to the management of the allotments, and the letting and use ihereof, and the recovery of the rent and of possession thereof) ; and, subject to the terms of the delegation, all expenses and receipts arising in the exercise of the powers so delegated shall be paid and dealt with as expenses and receipts of the sanitary authoritj' under the principal Act : {/) The county council, on the request of the sanitary authority, may, by order under their seal, transfer to that authority all or any of the powers, duties, property, and liabilities vested in and imposed on the council by virtue of this Act as regards the district of such authority or any part thereof, and the property so transferred shall be deemed to have been acquired by that authority under the principal Act, and that authority shall act accordingly. 286 Use of schoolroom free of chHrge. 53 & 54 VICT., c. 65. Expenses. 5. Any room in ii school receiving a grant out of moneys pro- vided by P;u-li;unent may, e.xeept during ordinary school hours, be used free of cliaige for tlie purpose of an inquiry undi'r tliis Act, or for the purposes of this Act by the (Hiunty council or any committee appointed umier this Act, or, with the consent of any two managers, for the purj)0se of holding public meetings to discuss any question relating to allotments under this Act or the principal Act, but any damage done to the room and any expense incurred bv the person or persons having control over the room on account of its being so used shall be paid by the county council or by the persons calling the meeting. Nothing in this section shall give any right to hold a public meeting in a schoolroom (a) unless not less than six days before the meeting a notice of the intention to hold the meeting on the day and at the time specified in the notice, signed by the persons calling the meeting, being not less than six in number, and being persons qualified to make a representation to the local authority under the principal Act, has been given, if the school is under a school board, to the clerk of the board, and in any other case to one of the managers of the school ; nor (b) if the use of the schoolroom on the said day and at the said time has previously to the receipt of the notice of the meeting been granted for some other puri)0se ; but in that case the clerk or manager, or some one on his behalf, shall forthwith after the receipt of the notice, inform in writing one of the persons signing it that the use of the school has been so granted for some other purpose, and name some other day on which the schoolroom can be used for the meeting. If the persons calling the meeting fail to obtain the use of a schoolroom under this section, they may appeal to the standing committee under this Act, and the committee shall forthwith decide the appeal and make such order respecting the use of the room as seems just. 6. (1) All expenses incurred by the county council in executing the principal Act or this Act in any district or parish on default of a sanitary authority, or incurred by the council in or incidentally to a local inquiry under this Act, shall be paid in the first instance out of the county fund as for general county purposes, and, unless defrayed out of moneys received by the council in respect of any land acquired under this Act otherwise than by sale or exchange, or out of money borrowed as before in this Act mentioned, shall when the powers and duties of the sanitary authority under the principal Act are transferred to the county council in pursuance of this Act, be repaid to the county council as a debt by the sanitary authority. (2) All sums payable by a sanitary authority in pursuance of this Act shall be defrayed in like manner as expenses under the principal Act are required to be defrayed, save that in the case of a rural authority they shall, with the exception of the principal and interest of any money borrowed, or the rent of any land hired by the county council be charged as general expenses. (3) All sums received by a county c(juncil in respect of any land acquired under this Act otherwise than from any sale or exchange, in so far as they are not recjnired for the payment of expenses incurred by them in respect of such land, shall be paid to the sanitary authority, and in the case of a rural sanitary authority shall be credited to the parish on account of which the land was acquired. BATHS AND WASIIIIOUSES ACT, 1846. 287 BATHS AND WASHHOUSh:S ACT, 1846. 9 irislr to be applied towards defraying expenses. Sec. 16. vestry shall be chargeable upon and paid out of the moueys to be raised or applicable for the relief of the poor of the parish.* Mdnies 18. And be it enacted, that the money raised for defraying the the^tncome Pxpdses of carrying this Act into execution, and the income arising arising from from the baths and washhouses and open bathing-places in the baths, Sic, parish, shall be applied by the commissioners in or toward defray- ig the expenses of carrying this Act into execution in the parish ; And whenever, after repayment of all moneys borrowed for the purpose of carrying this Act into execution in the parish, and the interest thereof, and after satisfying all the liabilities of the com- missioners with reference to the execution of this Act in the parish, and providing such a balance as shall be deemed by the commissioners sufficient to meet their probable liabilities during the then next year, there shall be at the time of holding the meeting of the vestry at which the yearly report of the auditors shall be pro- duced any surplus money at the disposal of the commissioners, they shall pay the same to the overseers in aid of the rate for the relief of the poor of the jjarish. 19. And be it eiuicted, that the vestries of any twof or more two or more neighbouring parishes which shall have respectively adopted this parishes may ^^ct may concur in carrying this Act into execution in such parishes carrjing this ^" such manner not inconsistent with the provisions of this Act, Act "into exe- and for such time, as they shall mutually agree ; cution, sub- ^\^y(i for that purpose it may, with the approval of such Secretary approval of 'if StateX be agreed on between such vestries that any public Secretary of baths and washhouses and open bathing-places shall be erected Vestries of State. Incorpora- tion of com- missioners. and made in any one of such parishes, to be vested in the com- missioners thereof, and that the expenses of carrying this Act into execution with reference to the same shall be borne by such parishes in such proj^ortions as such vestries shall mutually agree, and the proportion for each of such parishes of such ex- penses shall be chargeable upon and paid out of the moneys to by raised for the relief of the poor of the same respective parish accordingly ; And, according and subject to the terms which shall have been so agreed on, the commissioners appointed for each of such parishes shall, in the management of the said baths and washhouses and open bathing-places, form one body of commissioners, and shall act accordingly in the execution of this Act, and the accounts and vouchers of such commissioners shall be examined and reported on by the auditors of eac'h of such parishes ; And the surplus money at the disposal as aforesaid of such com- missioners shall be paid to the overseers of such parishes respec- tively in the same proportions as those in which such parishes shall be liable to such expenses. 20. And for the more easy execution of the purposes of this Act, be it enacted, that the commissioners of every such parish shall be a body corporate, with perpetual succession, which shall not be deemed to be interrupted by any partial or total vacancy from time to time in their office, by the name of "The Commis- sioners for Public Batlis and Washhouses in the parish of ( ) in the county of ( )," and by that name may sue and be sued in all courts and before all justices and others, and may * As to expenses of urban sanitary authorities which adopt this Act see Section 207, Public Health Act, 1875, post, page 422. t Where two or more parishe.« are concerned they should proceed under Section 57, Local Government Act, 1894. 1 Now Local Government Board. BATHS AND WASHHOUSES ACT, 184G. 201 liiive and use a common seal, nnd by tbnt name may take, bold. Sec. 20. and convey any hinds vested in tbem for the purposes of this Act. 21. And he it enacted, that for carrying this Act into execution Councils, &c, in any b(>rou!^^I.'m^„ spectively may from time to time enter into any contract with any sioners may f j j • .. i -u- j i • i v ii. • enter into persons or companies tor building and making, and tor altering, contracts for enlarging, repairing, and improving such public baths and wash- of Uus Acr^ houses and open bathing-places, and for supplying the same respec- tively with water, and for lighting the same respectively, and for fitting up the same respectively, and for furnishing any materials and things, and for executing and doing any other works and things necessary for the purposes of this Act j Which contracts respectively shall specify the several works and things to be executed, furnished, and done, and the prices to be pnid for the same, and the times when the works and things are to be executed, furuislied, and done, and the penalties to be suffered in cases of non-performance; and all such contracts, or true copies thereof, shall be entered in books to be kept for that purpose : No contract Provided always, that no contract above the value or sum of one to"be*Miteri d l'""*lr'''^l pounds shall be entered into by the council or the coinmis- intowithoi.t sioners, for the purposes of this Act, unless previous to the making notice. thereof fourteen days' notice shall be given in one or more of the public newspapers published in the county in wnic-li the borough or parish shall be situated, exjiressing the intention of entering into such contract, iu order that any person willing to undertake the same may make proposals for that purpose, to be offered to the council or commissioners at a certain time and place in such notice to be mentioned, but it shall not be incumbent on the council or commissioners to contract with the person offering the lowest price. * Now Local Government Board. t The power given in this section is extended to lands in the imme- diate neighbourhood of such borough or parish as is there referred to, 45 and 4U Vict., c. 30, ^;04-<, page 300. BATHS AND WASHHOUSES ACT, IS 46. 293 27. And be it onacted, that the council of any such borough, and Council or the commissionors, with the approval of the vestry of any such giongrgmay parish, may, if they shall think fit, contract for the purrhase or purchase lease of any haths and washhouscs already or hereafter to he hnilt "''''"? and provided in any such l)orou},'h or parisli,* and approjiriate tlie '"*' "' '^' same to tlie purposes of tliis Act, with such additions or alterations as they shall respectively deem necessary; and the tnist.es of any public baths and wa>hhouses which have been already or may here- after be built or ))rovldcd in any such borough or )iarish* by private subscriptions or otherwise may, with the consent of the coinicil of any such boroufjh, or with the consent of the connnissioneis, and approval of the vestry of any such parish, and with the consent of a niaj(n-ity of the committee or otlier persons by whom tliey were appointed trustees, sell or lease the said baths and washhouses to the said council or commissioners respectively, or make over to them the manap:ement of such baths and washhouses ; and in all such cnses the baths and washhouses so purchased or leased, or of which the management has been so made ovev, shall be deemed to be within the provisions of this Act as fully as if they had been built or provided by the said council or commissioners; and the property therein shall be vested in the mayor, aldermen, and burgesses in the case of a borough, or in the commissioners in the case of a parish. f 28. And be it enacted, that any commissioners of waterworks. Power to trustees of waterworks, water companies, canal companies, gas "j'^^'J^'j'^g^jg companies, and other corporations, bodies, and persons having the supply water management of any waterworks, canals, reservoirs, wells, springs, and gas to and streams of water, and gasworks respectively, may in their dis- '^i»'lis, &c. cretion grant and furnish supplies of water or gas for sucli j)ublic baths and washhouses and open bathing-places either without charge or on such other terms as they shall think fit. J 29. And be it enacted, that nothing in this Act contained shall Councillors , , ,. ,, ., °. , , auu commis- render any member ot the council ot any boioiigli, or any com- gioners not missioner, personally, or any of their lands, goods, chattels, or to be per- monevs Cother than such lands, goods, chattels, or moneys ;;s may f"?^'? I ^ 1 • 1.1 L 1. 1 !■ ii -1 ' liable, be vested in or under the management or control ot the council or commissioners respectively in pursuance of this Act), liable to the payment of any sum of money as or by way of compeiisatiou or satisfaction for or in respect of anything done or suffered in due pursuance of this Act.§ 30. And be it enacted, that every person who shall feel aggrieved Persons may by any bye-law, order, direction, or appointment of or by the council alJ^f^gt or commissioners shall have the like power of appeal to the general orders of Quarter Sessions as under the provisions of the Companies Clauses councils and Consolidation Act, 1845. incorporated with this Act, he might have g","""^'' if feeling aggrieved by any determination of any justice with respect to any i)enalty. 31. And be it enacted, that the council, with the approval of the Council, &c. Commissioners of Her Majesty's Treasury, and the commissioners ^"'JJ^kewie appointed under this Act, with the approval of the vestry, and of :,iKlf\cliange the Commissioners of Her Majesty's Treasury respectively, may of lands, .- . — . with consent. * The words " or in the immediate neighbourhood of such borough or parish" are to be read as inserted here; see 45 and 46 Vict., c. 30, 8. 2, post, page 301 . t Compare Mulholland v. Belfast Corporation, 9 Jr. Ch. R. 201 ; 9 Ir. Ch. R. 292. 1 See Section 65, Pablic Health Act, 1875. \^ As to liability lor negli«4enoe : Cowley v. Sunderland (Mayor), 6 B. & C. oCo ; 30 L. J. Ex. 127 ; 25 J. P. 434. 294 9 & 10 VICT., c. 74. Sec. 31. from time to time make sale and dispose of any lauds vested in the mayor, aldermen, and burgesses, or in the commissioners respec- tively, for the purposes of this Act, and apply the proceeds in or towards the purchase of other lands better adapted for such pur- poses, and may, with the like approval, excliaiij^e any lands so vested, and either with or without paying or receiving any money for equality of exchange, for any other lauds better adapted for such purposes, and the mayor, aldermen, and burgesses, or the commissioners, may convey the lands so sold or exchanged accordingly. \Vlien batlis "2. And be it enacted, that whenever any public batlis or wash- Sec, are con- houses or open bathing-places whicli shall have been for seven sidered too years or upwards established under the authority of this Act shall thev'mav' ^^ determined by the council or by the vestry, in accordance with with ap- ' a previous recommendation of the commissioners, to be unnecessary proval of or too expensive to be kept up, the council or commissioners, with soid'TiiQ' ^^ *'^"^ '''Pproval of the Commissioners of Her Majesty's Treasury, may proceeds of sell the same for the best price that can reason:ibly be obtained sale carried f qi- ^\^q same, and the mayor, aldermen, and burgesses, or the com- fu dor^'" missioners shall convey the same accordingly ; and the purchase- poor's rate, money shall be paid to such person as the council or commissioners shall appoint, and his receipt shall be a sufficient discharge for the same ; and the net proceeds of sucli sale shall be paid to the credit of the borough fund, or of the rate for the relief of the poor of the parish.* M' "e ei t ^^' •'^"'■^ ^^ ^^ enacted, that the general management, regulation, to be vested and control of tlie public baths and washhouses and open bathing- in councils places established under this Act shall, subject to the provisions of and parish ^])jg ^(.(.^ |jg j^g ^q jjj^y borough vested in and exercised by the sioners." council, and as to any parish vested in and exercised by the commissioners.f Council, &c., 34. And be it enacted, tliat the l)ye-lawa which the council and may miike commissioners respectively may from time to time make, alter, reeulatin"""^ repeal, and enforce shall include such bye-laws for the manage- the use oF ment, use, and regulation of the public baths and washhouses and ''.^"I'V"'^ open bathing-places, and of the persons resorting thereto respec- &r and'^*^'' lively, and for determining from time to time the charges for the charges use of such baths and washhouses and open bathing-places respec- thereat. tively, as the council and commissioners respectively shall think fit, and they respectively may appoint any penalty not exceeding Jive poundx for any and every breach, whether by their officers or servants, or by other persons, of any bye-law made by them respec- tively ; and such bye-laws shall make sufficient provision for the several purposes respectively expressed in the Schedule (A) to this Act: Bye-law9 to Provided always, that no bye-law made under the authority of be approved i]i\g ^^t shall be of any legal force until the same shall have tary 'of State'. I'cceived the approval of [o»e of Ser Majesty's principal Secre- taries of Siate'j.X Copies or 35^ /^nd be it enacted, that a printed copy or sufficient abstract bve-laws to '^^ ^^'^ bye-laws relating to the use of the baths and open bathing- be hunK up places respectively shall be put up in every bath-room and open inevervbath- bathing-place respectively; and a printed copy or sufficient abstract * Or the district fund if transferred to an urban sanitary authority under Public Health Act, 187o. t Or urban sanitary authority, Section 10, Public Health Act, 1875. As to rural parishes sec Section? (!) ami 7), Local Government Act, 1S94. 1 Now the Local Government IJoaid. BATHS AND WASHHOUSES ACT, 1846. 295 of the bye-laws relating to the use of the washhouses shall be Sec. 35. kept up in some convenient place near every washing tub or trough, or every pair of washing tuba or troughs, in every wash- house. 36. And be it enacted, that the number of baths for the labouring Proportioa classes in any building or buildincs under the management of the pf'milisfor •1 • • \ 11 ill .1 i • ii the labouring same council or commissioners shall not be less than twice the classes. number of the baths of any higher class if but one, or of all the baths of any higher classes if more than one, in the same building or buildings. 37. And be it enaetetl, that the council and the commissioners Charges to respectively m:'y from time" to time make such reasonable charges be fixed by for the use of the baths and washhouses and open bathing-places "JJImf/.*"'* respectively provided under this Act as they shall think tit, but giouers not not exceeding such charges as are mentioned in the Schedule exceeding (B) annexed to this Act,* unless for the use of any washing tub sci°(;V^ rB) or trough for more than two hours in any one day, for which any charges mny be made which the council or commissioners respec- tively shall deem na^onable. 38 t 39. And be it enacted, that if any clerk or other officer, or any Penalty for servant who shall be in any wise emploved bv any council or com- council, com- • .. . £ ii • A .^ 1 I'l . I p missioners, missioners in pursuance or tins Act, shall exact or accept any tee or or officers reward whatsoever for or on account of anything done or forborne taking fees or to be done or forborne in pursuance of this Act, or on any account ^^y°^^ whatsoever relative to putting this Act into execution, other than hein"1n-°'^ such salaries, wages, or allowances as shall have been appointed by terested in the council or cnmmissioners, or shall in any wise be concerned or contr^eis. interested in any bargain or contract made by the Council or com- missioners for or on account of auything done or forborne or to be done or forborne in pursuance of this Act, or on any account what- soever relative to the putting of this Act into execution, or if any person during the time he holds the office of member of the Council or commissioner shall exact or accept any such fee or reward, or shall accept or hold any office or place of trust created by virtue of this Act, or be concerned directly or indirectly in any such bargain or contract, every such person so offending shall be incapable of ever serving or being employed under this Act, and shall for every such ortl'uce also forfeit the sum of fifty pounds. 40. And be it enacted, that such part of any penalty recovered Application under this Act as shall not be awarded to the informer shall be paid P*"" *"^*' to the credit, as regards a borough, of the borough fund, and, as regards a parish, of the rate for the relief of the poor thereof. 41 t SCHEDULES REFERRED TO BY THE FOREGOING ACT. Schedule (A). Bye-laws to be made in all cases. For securing that the baths and washhouses and open bathing- places shall be under the due management and control of the officers, servants, or others appointed or employed in that behalf by the council or commissioners. * Schedule (B) was repealed by 10 and 11 Vict., c. 61, s. 6, postf page 297. t Repealed by Statute Law Revision Act, 1875. 296 10 & 11 VICT., c. 61. Sched. For securing adequate privacy to persons using the baths and Avashhouses and open bathing-places, and security against accidents to persons using the open bathing-places. For securing that men and boys above eight years old shall bathe separately from women and girls and children under eight years old. For preventing damage, disturbance, interruption, and indecent and offensive language and behaviour, and nuisances. For determining the duties of the officers, servants, and others appointed by the council or commissioners. In parishes. For regulating the procedure of the commissioners. Schedule (B). — Repealed by Statute Lam Revision Act, 1875. BATHS AND WASHHOUSES ACT, 1847. 10 & 11 VICT., c. 61. An Act to amend the Act for the Establishment of Public Eaths and Washhouses. [_2,nd July, 1847.] Whereas an Act was passed in the last session of Parliament, 9 & 10 Vict, intituled " An Act to encourage the Establishment of Public Baths c. 74. and Washhouses;" and whereas it is expedient to afford additional ^'^rt'^r ^\\ facilities for the establishment of public baths and washhouses and to be coil- open bathing-places : Be it enacted, that the recited Act, as Btruedasoiie. amended by this Act, shall be construed and carried into execution as one Act. Interpreta- 2. Aud be it enacted and declared, that the following words and tionof ex- expressions in the recited Act shall have in the said Act, and this pressions in ^.ct, the several meanings hereby assigned to them, unless there b(! and t\i8 Act. something in the subject or context repugnant to such construction (that is to say) — " Parish " shall mean not only every place having separate over- seers of the poor, and separately maintaining its own poor, but also every place maintaining its own poor and having a vestry. "Ratepayers " shall mean all persons for the time being assessed to and paying rates for the relief of the poor of tiie parish. " Vestry " shall mean not only a vestry as defined in the said Act, but also any body of persons, by whatever name distinguished, acting by virtue of any Act of Parliament, prescription, cus- tom, or otherwise, as or instead of a vestry or select vestry. ■Words 3 All acts and proceedings of any person in possession of repealed by the office of such commissioner, aud acting in good faith as such R^vision^Act commissioner, whether appointed before or after the passing of 1875. ' this Act, shall, notwithstanding his disqualification or want of quali- fication fw or any defect or irregularity in or iu any way concerning his appointment to such office, be as valid and effectual as if he were duly qualified, or there had not been any such defect or irregularity. Incoipora- 4. And be it enacted, that the Lands Clauses Consolidation Act, tionof8&9 1845, shall be incorporated with the recited Act and this Act: Vict., c. 18. '■ BATHS AND WASHHOUSES ACT, 184:7. 297 Providod always, that the council mul cominissioners respuctively Sec. 4. shall not purcli;ise or take any lamls otherwise than hy iiprcenient. Council, kc, 5. And be it enacted, that the iminber of vvashiiifj tubs or troiif,'lis i"'^','" ''*''* for the labouring classes, in any building or buildings under the Pnjnornon management of the same council or commissioners, shall not be ofwashmif less than twice the number ot the wasliing tubs or trmiirlis of any accomniodn- higher chis^, it' Init one, or of all the higher classes it' more than iHijourini; one, ill the siime building or buildings. clusses. 6. (Repealed bif Statute Law Revision Act, 1875.) 7. And be it enacted, that the council and the commissioners ^"k^"".'" respectively may from time to time make such reasonable charges for use of ^" for the use of the baths and washhouses and open Imthing-places batlis, &c., provided under the recited Act and this Act respectively as they ."°' e^ceed- think tit, not exceeding the charges mentioned in the Schedule "be Schedule annexed to this Act. 8 SCHEDULE TO WHICH THIS ACT REFER . ClIAUiiES rOE THE BaTIIS AND WaSHUOUSES AND OpKN Bathing-places. 1. Bathnfor the Labouring Classes. Every bath to be supplied with clean water for every person bathing alone, or for several children bathing together, and in either case with one clean towel for every bather. For one person above eight years old : Cold bath or cold shower bath, any sum not ex- ceeding - ...... One penny. 'Warm bath, or warm shower bath, or vapour bath, any sum not exceeding . - . - . Twopence. For several children, not above eight years old, nor exceeding four bathing together : Cold bath, or cold shower bath, any sura not ex- ceeding Twopence. Warm bath, or warm shower bath, or vapour bath, any sum not exceeding .... - Fourpence. 2. Baths of any Higher Class. Such charge as the council and the commissioners respectively think fit, not exceeding in any case three times the charges above mentioned for the several kinds of baths for the labouring classes. 3. Washliouses for the Labouring Classes. Every washhouse to be supplied with couveniences for washing and drying clothes and other articles. For the use by one person of one washing tub or trough, and of a copper or boiler (if any), or, where one of the washing tubs or troughs shall be used as a copper or boiler, for the use of one pair of washing tubs or troughs, and for the use of the conveniences for drying : For one hour only in any one day, any sum not exceeding One penny. For two hours together, in one daj-, any sum not exceeding Threepence. Any time over the hour or two hours respectively, if uot exceeding five minutes, not to be reckoned. 298 41 & 42 VICT., C. 14. Sched. For two hours not together, or for more than two hours in any one day, such charges as the council and tlie commissioners respec- tively tliiuk lit. For tlic use of the washing conveniences alone, or of the drying conveniences alone, such charges as the council and the commis- sioners respectively think fit, but not exceeding in either case the charges for the use for the same time of both the washing and the drying conveniences. 4. Washhouses of any Higher Class. Such charges as the council and the commissioners respectively think fit. 5. Open Bailiinrj-'places. Where several persons bathe iu the same water, for one person, one (halfpenny*). BATHS AND AVASHHOUSES ACT, 1878. 41 & 42 vict:, c. 14. A.D. 1878. An Act to amend the Law relating to Public Baths and Wash- - houses. [-7/A May, 1878.] Wheeeas the Act passed in the session held in the ninth and tenth years of the rei'.;u of Her present Majesty, Chapter seventy- four, intituled " An Act to encourage the establishment of Public Baths and Washhouses," was amended by the Act passed in the session held in the tenth and eleventh years of the reign of Her present Majesty, Chapter sixty-one, intituled " An Act to amend the Act for the establishment of Public Baths and Washhouses," and it is expedient further to amend the said first-recited Act, and to provide for the establishment of covered swimming baths and other purposes : Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Sliort title. 1, This Act m.-iy be cited for all purposes as the Baths and Wash- houses Act, 1878. "Covered '^''e words " covered swimming bath" in this Act shall mean a swimming swimming bath protected by a roof or other covering from the bath." weather. Conatrnction 2. This Act and the recited Acts, as amended by the Statute Law SS&lgVict Tvcvision Act, 1875, and the Public Health Act, 1875, and by this c. 66. ' Act, shall be construed and carried into execution as one Act ; and 38 & 39 Vict., the words "the council and the commissioners" when used in this *^- ^°- Act shall include the urban authority mentioned in the tenth section of the Public Health Act, 1875. Covered 3. AH the provisions of the recited Acts respectively shall be ^*™'""'? construed to extend and to have extended from the i>assiug of such riaed. ' Acts respectively to covered swimming baths as well as to baths, washhouses, and open bathing-places. * Now one penny; see 41 Vict., c. 14, s. 14, ^osi, page 300. BATHS AND WASHHOUSES ACT, 1878. 299 4. The council and the comniissioniTS respectively may t'roni As to time to time provide covered 8wimmiii<,' baths, and make such gl|."f*'y°^ reasonable chargfos for the use thereof as they shall think fit, not ijiiUis. exceeding the charges mentioned in the Schedule annexed to this Act. 5. The council and the commissioners respectively may durin? Power to such period, not exceeding five months in any one year, as they shall '^'"^'^ f"ti°" think fit, from the beginning of the month of November to the for a limited end of the month of March, close any covered swimming bath or period. open swimming bath, and may either keep, the same closed or may establish therein a gymnasium or such other means of healthful recreation as they shall think fit, or may during such period allow any covered or open swimming bath to be used as an empty building for such purposes of healthful recreation or exercise as they shall think fit during such period as aforesaid, and may at any time allow any portion of the public baths not required by the commissioners to be used for holding vestry meetings or other parochial purposes: Provided always, that no covered or open swimming bath when closed may be used for music or dancing. * 6. The council and the commissioners respectively may make Pon-erto bye-laws for the regulation, management, and use of the open or "'"'^'^ '^>'^' swimming baths when used for any of the purposes mentioned in the fifth section of this Act ; and all the provisions in the principal Act relating to bye-laws shall extend and apply to bye-laws made under this section. 7. The council and the commissioners respectively may appoint Power to and remoTe at pleasure such officers and servants as shall be neces- "PPO'"' sary for the management and superintendence of any gymnasium ° ""* or other means of recreation established under this Act, and may appoint rtasonable salaries, wages, and allowances for such officers and servants. 8. The council and the commissioners respectively may from Power to time to time make such reasonable charges for the use of the ^'^^^ gymnasium or other means of recreation established under this Act, ^niuasium or for the use of any covered swimming bath as an empty room, as Scc. they shall think fit. 9. The provisions in the twenty-first, twenty-second, and twenty- Powers of third sections of the principal Act authorising the borrowing and ''orrow ma;, advancement of money for the purposes of that Act shall be taken ^'^tUis Aa*^'' to authorise the borrowing and advancement of money in like manner for the purposes ot this Act; and the approval of the Local Government Board shall be substituted for that of the Commis- sioners of Her Majesty's Treasury in all cases where money is borrowed for the purposes of the principal Act or this Act. 10. The council and the commissioners respectively, and their Power to respective servants and agents, may remove any person oH'ending f'nove against any of the bye-laws under tins Act and the recited Acts, or o^'^'"^'^"- any of them; and any bath or washhouse, or open bathing-place, B»'''s. ^Scc, or covcr 106.1 An Act to amend the Baths and Washhouses Acts. *"_^"- i2Uh July, 1882.] Whereas it is desirable to give increased facilities to local authorities for providing baths and washhouses within easy and convenient reach : Be it therefore 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 pret^ent Parliament assembled, and by the authority of the same, as follows : Short title. 1. This Act may be cited for all purposes as the Baths and Wash- bouses Act, 1882, and shall be read as one with the Act of the See Section IB, liii'lis and Wasliliouscs Act, 1816. BATHS AND WASHHOUSES ACT, 1882. 301 ninth and tenth years of the reign of Her present Majesty, Chapter Sec. 1. seventy-four, in this Act called "the principal Act." 2. Section twenty-seven of" the princi])al Act shall be amended Amendment by the addition of the words " or in the iuunediate neighbourhood '^l^^ ^^ of such borough or parish " to the words " in any such borough s. 27.' or parish " wherever such last-mentioned words occur in tlie said section. 3. The power conferred by Section twenty-four of the principal Amendment Act to purchase or rent lands for the purposes of that Act shall v'ict ''^/'^j extend to lands in the immediate neighbourhood of such borough s. 24.' ' or parish as is therein referred to. 302 BATHS AND WASHHOUSES ACT, 1896. BATHS AND WASHHOUSES ACT, 1896. 59 & 60 VICT., c. 59. A D. 1896. An Act to amend the Baths and Washhouses Acts. - ' [Uth August, 1896.] Whereas it is expedient to amend the provisions of the Baths and Washhouses Act, 1878, with respect to the use which may be made of baths provided under the Baths and Washhouses Acts, 1846 to 1882 : Be it therefore enacted by the (iueen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited for all purposes as the Baths and Wash- houses Act, 1896, and this Act and the Baths and Washhouses Acts, 1846 to 1882, may be cited together for all purposes as the Baths and Washhouses Acts, 1846 to 1896. 2. From and after the passing of this Act the following proviso to Section five of the Baths and Washhouses Act, 1878, viz. " Provided always that no covered or open swimming batli when closed may be used for music or dancing," shall be repealed, so far as the administrative county of London is concerned. Provided always — (a) That tlie Commissioners appointed under the Baths and Washhouses Acts, 1846 to 1896, or any sanitary autho- rity or other representative body to whom the powers of the said Commissioners shall have been transferred by any order of the Local Government lioard made under the provisions of the Local Government Act, 1894, which Commissioners, sanitary authority, or repre- sentative body are hereinafter referred to as " such Commissioner's," sliall before any such bath is used for music or dancing obtain a licence from the London County Council in the manner hereinafter prescribed: {h) That no portion of the premises in respect of which the licence is granted be let otherwise than occasionally to any person or persons corporate or otherwise, and that no money for admission be taken at the doors ; (c) That such Commissioners be responsible for any breach of the conditions on which the licence is granted which may occnir during any entertainment given on such pi-emises by their permission. 3. At any annual licensing meeting, or at any other meeting duly convened with fourteen days' previous notice, the London County Council may grant a licence for music or dancing, or for both purposes, to such Commissioners, subject to the provisions of the Disorderly Houses Act, 1751, as amended by the Local Government Act, 1888.* Short title. Amendment of 41 & 43 Vict. C. 14, s. 5. 56 & 57 Vict, c. 73, 8S. 7, and 33 (1), (6). Licence by London County Council, 25 Geo. 2, c. 46; 51 & 52 Vict, C. 41. * See Local Government Act, 1888, Section 3 (v). BURIAL ACT, 1852. 303 BURIAL ACTS. 1852 TO 1885. 15 and 16 Vict., c. 85 16 and 17 Vict., c, 1.34 17uu(l 18 Vict., c, 87 18 and 19 Vict., c. 128 20 and 21 Vict., c. 81 22 and 2.3 Vict., c. 1 23 and 24 Vict., c. 64 25 and 26 Vict., c. 100 34 and 35 Vict., c. 33 43 and 44 Vict., c. 41 44 and 45 Vict., c. 2 48 and 49 Vict., c. 21 By Section 7 of the Local Government Act, 1894, power is given to every parish meetinj;: to adopt the above Acts. It will be remembered that sanitary authorities, rural and urban, were empowered by the Public Health (Interments) Act, 1879, to provide cemeteries for their districts. For that purpose the Cemeteries Clauses Act, 1847, was incorporated with that Act,* and all the provisions of the Public Health Act, 1875, with re- spect to a mortuary were extended to a cemetery. Further, in Schedule V, part 3, of the Public Health Act, 1875, certain pro- visions of repealed statutes were re-enacted, under which local boards raig-ht become burial boards under the " Burial Acts." District councils, urban and rural, have all the powers of sanitary authorities under the Public Health Act, 1875, and the Public Health (Interments) Act, 1889; wliilst parish councils are the managing authorities under the Burial Acts, 1852 to 1885. BURIAL ACT, 1852. 15 & 16 VICT., c. 85. An Act to amend the Laws concerning the Bnrial of the Dead in the Metropolis.t [1st Jul//, 1852.] (Freamble repealed by Statute Law lievision Act, 1892.) 1. (Repealed by Statute Lato Revision Act, 1875.) * These two Acts are no ncluded in the expression " Burial Acts, 1852 to 1885." t As to the application of this Act to boroughs see the Burial Act, 1854 ; post, p. 325. 304 15 & 16 VICT., C. 85. Ourepre- 2. In case it appear to Her Majesty in Council, upon the repre- sentation of scntafciou of one of Her Mnjesty's Principal Secretaries of State, itat'f Her"' that for the protection of tlie public health burials in any part or Majesty in parts of the metropolis, or in any burial grounds or places of burial Council may jn the metropolis, should be wholly discontinued, or should be dis order (lis- continued subject to any exception or qualification, it shall be law- orburia'irfn ful for Her Majesty, by and with the advice of her Privy Council, any part of to order* that alter a time mentioned in the order burials in such tlie metro- pju-t or parts of the metropolis or in such burial grounds or places ^ of burial shall be discontinued wholly, or subject to any exceptions or qualifications mentioned in such order, and so from time to time as circumstances may require ; provided that notice of such repre- sentation, and of tlie time when it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be published in tlie London Gazette, and shall be affixed on the doors of the churches or chapels of the parishes in which any burial grounds or places of burial affected by such representation shall be situate, or on some other conspicuous places within the part or parts of the metropolis affected by such representation, cue calendar month ... .f at the least before such representation is so considered : Provided always, that no such representation shall be made in relation to the burial ground of any parish until ten days' previous notice of the intention to make such representation shall have been given to the incumbent and the vestry clerk of such parish. Order not 3. No such order in Council as aforesaid shall be deemed to to extend extend to any burial ground of the people called Quakers, or of the to burial persons of the Jewish persuasion, used solely for the burial of the Quakers or bodies of such people and persons respectively, unless the same be Jews unless expressly mentioned in such order; and nothing in this Act shall ^xpr^'sly prevent the burial in any such burial ground in which for the time being interment is not required to be discontinued of the bodies ol such people and persons respectively ; and no such order in Council as jiforesaid shall be deemed to extend to any non-parochial burial ground being the property of any private person, unless the same be expressly mentioned in such oider. Burial not to 4. It shall not be lawful, after the time mentioned in any such lake place ^^.^^^j. j„ (jouncil for the discontinuance of burials, to bury the dead fn Counch in any church, chapel, churchyard, or burial place, or elsewhere, for dis- within the part or parts of the metropolis or in the burial grounds continuance, q^. places of burial (as the case may be) in which burials have by any such order been ordered to be discontinued, except as in this Act or in such order excepted; and every person who shall, after such time as aforesaid, bury any body, or in any wise act or assist in the burial of any body, contrary to this enactment, shall be guilty of a misdemeanour. Restriction 5 After the time from which burials in any place of burial of T( burm^of any parish are required under this Act to be discontinued, the body inhabitants of any parishioner or inhabitant of such parish shall not be buried of parishes ju ^,iy burial ground within the metropolis belonging to any other ^otlndT' Pa"sli within the metropolis, save where the body of any of the whereof art family or relatives of such parisbioner or Inhabitant has been m- '■■ -W IG and 17 Vict., c. 134, s. 1. As to closing private burial grounds see Moreland v. Richardson ; 24 Beav. 33 ; 26 L. J. Ch. 690 ; 3 Jur. n.s. 1189. t Words repealed by Statute Law Revision Act, 1875. BURIAL ACT, 1852. 305 terrcd in such burial grrouml, and the rehitives or other persons Sec. 5. haviiifr the care and direction of tlic funeral si ;io 15 & 16 VICT., c, 85. Certaiupro- 27.* "The Lands Clauses Cons 'lidation Act, 1845," except the visions of provisions of that Act " with respect to the purchase and taking cA8!hicor'- of hinds otherwise than by agreement," "with respect to the p'orated with recovery of forfeitures, penalties, and costs," " with respect to tliis Act. lands acquired by the promoters of the undertaking under the provisions of the Lands Clauses Consolidation Act, 1845, or the special Act, or any Act incorporated therewith, hut which shall not be required for the purposes thereof," and " with respect to the provision to be made for aftbrding access to the s))ecial Act by all parties interested," shall be incorporated with tliis Act ; and for the purposes of this Act the expression " the promoters of the under- taking," wherever used in the said Lands Clauses Consolidation Act, shall mean any such burial board. 28.* It shall be lawful for any such board, with the approval of the Testry, to sell and dispose of any lands purchased by them under this Act, or any part thereof, in which no interment shall have taken place, and which it may appear to the board may be properly sold or disposed of; and lor completing and carrying any such sale into effect such board may make and execute a conveyance of the lands sold and disposed of as aforesaid unto the purchaser, or as he shall direct ; and such conveyance shall be under the hands of at least two of the members of the board, and under the seal of the board ; and the word " grant " in such conveyance shall have the same operation as by the said Lands Clauses Consolidation Act, 1845, is given to the same word in a conveyance of lands made by the promoters of the undertaking; and a receipt under the hands of two of the members of the board shall be a sufficient discharge to the purchaser of any such lands for the purchase-money in such receipt expressed to be received ; and the money to arise from such sale shall be applied to such of the purposes of this Act as the board shall think fit. Power to sell lands not wanted. Burial board may, witli approval of vestry, &c., appropriate land be- lon|;ing to parish. Board may layout buri»l ground, and build a chapel, for performance of burials according to rites of Eslalilislied Church. 29.* Provided always, that any burial board under this Act, with the approval of the vestry and of the guardians of the poor of the parish (if any) and of the [poor law boardf], may from time to time appropriate for the purposes of a burial ground for such parish, cither alone or .jointly with any other parish or parishes, any land ve.-.ted in such guardians, or in the churchwardens, or in the church- wardens and overseers of the parish, or in any feoU'ecs, trustees, or others, for the general benefit of the pnrish or for any specific charity : Provided always, that where any bind so taken and appro- priated shall be subject to any charitable use such lands shall he taken on such conditions only as the Court of Chancery in the exercise of its jurisdiction over charitable trusts shall appoint and direct. 30.* It shall be lawful for any burial board to lay out and embellish any burial ground provided by such board in such manner as may be fitting and proper, and to build on any land to be pur- chased or appropriated for a burial ground under this Act, and according to a plan to be approved of by the bishop of the diocese, a chapel for the performance of the burial service accoiding to the rites of the united Church of England and Ireland ; and such burial * Applies to parishes outside the metropolis; see 16 and 17 Vict., 0» 134, s. 7 (p. 324n f IJow Local Government Board. BURIAL ACT, 1852. 311 ground iiiiiy l>e consecrated by the lii.sliop of the diocese when the Sec. 30. same shall appear to hhn to he in a fit and iiropcr condition for the purposes of interment according to the rites of the united Church : Provided always, that in providing any burial ground cuch board ('^"g""^-™^ shall set apart a portion thereof which shall not be so coui^ecrated for building as aforesaid, and may build thereon a suitable chapel or chapels for a cljapel, ic. the performance of funeral service.* Jh-.t Any burial board may from time to time enter into any Bunal board ■ ^ ^, , J • X- 1 -1 1- 11 "'"V contract contract with any persons or companies tor building any chapel or tbr «-urks to chapels as aforisaid, ;iiid enclosing, hiying out, aiii)ies thereof, shall be entered in hooks to be kept for that jiurposf : Provided always, that no contract above the value No contract or sum of one hundred pounds shall be entered into by suidi burial abuve £100 board for the purposes of this Act, unless previous to the making jntoVhhout thereof fourteen days' notice shall be given in one or more of the notice, public newspapers published in the county or counties in which the parish or respective p. Irishes shall be situated, expressing the inten- tion of entering into such contract, in order that any person willing to undertake the same may make proposals for that purjjose, to be ort'ered to the burial board at a certain time and place in such notice to be mentioned, hut it shall not be incumbent on the burial hoard to contract with the person offering the lowest price. 32.t From and after the conseerationj as aforesaid of any Burial burial ground provided under this Act (except any portion thereof ground to be intended not to be so consecrated), or where all or any part of such '''^ burial burial ground, by reason of the same having been already con- f|,g parish or scerated, shall not require to be consecrated, then, from and after parishes for such time as the bishop of the diocese shall appoint, such burial "bicb it is ground shall be deemed the burial ground of the parish for winch '"^"^' * ' the same is provided, and where the same is provided for two or more parislies such burial ground shall be in law as if such parishes were one parish, and as if such burial ground were the burial ground of such one parish ; and every incumbent§ or minister of the parish or of each of the parishes (as the case may be) for which * The parish sexton has a right to toll the chapel bell in the new burial ground at the funerals of parishioners; see St. Margaret's, Rochester, v. Thompson, L. E. 6 C. P. 445; 40 L. J. C. P. 213; 24 L. T. 673 ; 19 W. K. 892 ; 36 J. P. 228. f Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134, s. 7 (p. 324). J Burial board must not permit a person to perform burial service in the consecrated part of their cemetery unless he is authorised by the incumbent to do so. Wood v. Headingley Burial Board (1892) 1 Q. B. 713 ; 66 L. T. 90 ; 40 W. R. 390 ; oO J. "P. 326 ; see also Johnson v. Friend, 6 Jur. n.s. 2S0. Where entrance to vault was on unconsecrated ground, see Rugg v. Kiiigmill, 2 L. K. P. C. 59; 37 L. J. Ecc. 13 ; 18 L. T. 94; 5 Moore P. C.C. n.s. 79. ij Cemetery formed by a burial board for a parish which never had any burial ground: tlie incumbent is bound to perform the services in the consecrated part of the cemetery over bodies of parishioners and in- 312 15 & 16 VICT., c. 85. Sec. 32. such burial ground is provided shall, by bimself and his curate, or such duly qualified persons as such incumbent or minister may authorise,* perform the duties and have the same rights and authorities for the performance of religious service in the burial in such burial ground, or in the consecrated portion thereof, of the remains of parishioners or inhabitants of the parish of which he is such incumbent or minister, and shall be entitled to re- ceive the same feesf in respect of such burials which he has previously enjoyed and received ; and the clerk and sexton of such parish or of each of such parishes shall (when nece>siiry) per- form and exercise the same duties and functions in respect of the burial of tiie remains of parishioners or inhabitants of the parish of which he is clerk or sexton in such burial ground or the conse- crated portion thereof, and shall be entitled to receive the same feesj on such burials, as he has previously performed and exercised and received, as if such burial ground were the burial ground of the respective parish of such incumbent or minister, clerk, and sexton respectively ; and the parishioners and inhabitants of such parish or of each of such parishes shiiU have the same rights of sepulture in such burial ground as they respectively v.-ould have had in the burial ground or burial grounds in and for their respec- tive parish, subject nevertheless to the provisions herein contained. 33. § Any burial board, under such restrictions and conditions as * they think propei-, may sell the exclusive right of burial, j| either in Board may Bell exclusiv rights of burial vaults, and right to erect moiiu- uieiitst habitants of his parish ; he is entitled to any ecclesiastical fees which the burial board may collect in respect of such services {see Hornby v. Toxteth Park Buri;il Board, 31 Beav. o2). Stewart v. West Devbv Burial Board, 34 Ch. D. 314; 56 L. J. Ch. 42o ; 56 L. T. 380; 35 W.R. 268. .As to the clergyman's duty where deceased was baptised by a lay- man see Escott v. Martin, 4 Moore P. C. C. 104 ; 6 Jur. 765. * Burial board must not permit a person to perform burial service in the consecrated part of their cemetery unless he is authorised by the incumbent to do so. Wood v. Headingley Buvi:il Board (1892) 1 Q. B. 713; 66 L. T. 90; 40 W. K. 390; 56 J, P. 326; see also Johnson v. Friend, 6 Jur. n.s. 280. t As to who is entitled to burial fees in a new ecclesiastical district which contributes to the establishment of a burial ground for the whole original parish see cases cited under Section 5, Burial Act, 1857, post, A sexton of a chapelry district is not, when the churchyard is closed, entitled to fees in resp(;ct of the burial of inhabitants in a burial ground provided under the Burial Acts; but if the chapelry district is after- wards formed into a district parish under 19 and 20 Vict., c. 104, he is entitled to such fees by virtue of Section 5, Burial Act, 1857. Ormerod v. Blackburn P.urial Board, 28 L. T. 438 ; 21 W. K. 539 ; see also White v. Norwood Burial Board, 16 Q. B. D. 58 ; 55 L. J. Q. B. 63 ; 54 L. T. 81 ; 34 W. R. 123 ; 50 J. P. 100. J Parish clerks and sextons are entitled to receive fees in respect of the burial of the parishioners and inhabitants of their parishes in the new burial grounds under the Burial Acts. Burial boards cannot de- prive them of such fees by appointing other persons to do their duties. Gell V. Birminj;ham, 10 L. T. 497. See also lloberts v. Aulton, 2 H. and N. 432 ; 26 L. J. Ex. 380. As to fees .see also Vauylian v. South Metropolitan Cemetery Com- pany, 1 Johns, and H. 256; 30 L. J. Ch. 265; 7 Jur. n.s. 159; 3 L. '1'. 727 ; 9 W. R. 228 ; and Bowyer v. South Metropolitan Ceme- tery Company, 38 L. T. 271 ; and Bowyer v. Stantial, 3 Ex. 1). 315; Edgell V. Burnaby, 8 Ex. 788; Day v. Peacock, 18 C. B. n.s. 702; 34 L. J. C. P. 225 ; 12 L. T. 571 ; 13 W. R. 717. § Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134, 8. 7 (p. 324). II A grant of exclusive right of burial is a grant of an easement arising BURIAL ACT, 1852. 313 perpetuity* or for a limited period, in any part of any burial ground Sec. 33. provided bv sucli board, and also tlie right of constructing any vault or place of burial with the exclusive right of burial therein in per- petuity or for a limited period, and also the right of erecting and placing any monument, gravestone, tablet.t or monunieutal inscrip- tionj in such burial ground, but there shall be payable to the incum- bent or minister of the parish out of the fees or payments to be paid in respect of any rights acquired under this enactment in the consecrated p:irt of such burial urouud (in lieu of the fees or sums which he would have lieeneulitlt'd toon tlie ;; rant of the like rights in the burial ground of his parish) such fees ur sums as shall be settled and fixed by tlie vestry with the ijiproval of the bishop of the diocese, or if no such fees or sums shall have lieen so settled, then such fees as he would by law or custom have been entitled to on the grant of the like rights in the burial ground of his paiish.* 34. § Every burial board under this Act sliall and may (witiiout Board to fix prejudice to the fees and payments herein specially provided for) pnyments lor fix and settle and receive such fees and payments in respect of j^ l)^riHl interments in any burial ground provided by such board as they ftround and shall think fit, and also the suras to be paid for the exclusive for exclusive right of burial, either in perpetuity or for a limited period, in ",frj^j° any burial ground provided by such bo:ird, and :ilso the right vaults and of constructing any vault or place of burial with tlie exclusive ri;;''' to right of burial therein in perpetuity or for a limited period, and ^Jients""'^"* also the right of erecting and placing any moinimenl, gravestone, tablet, or monumental inscription J in such burial ground, and every burial board, with the consent of the vestry, may from time to time revise and alter such fees, payments, and sums as aforesaid ; and a table showing such fees, payments, and sums, and all other fees and payments in respect of interments in such ground, shall be printed and published, and shall be affi.\ed and at all timis continued on some conspicuous part of such burial ground. 35.§ Where at the time of the discontinuance of interment in Division of any burial ground the fees in rt-spect of burials therein are divided f*" hetweea between the incumbent of the paiish and the incumbent of any ot parishes — ■ and eccle- out of land, and should be made by deed. Bryan v. Whistler, 2 M. and siasiical di*. E. 318; 8 li. and C. 288. tiicts. * Grant of grave space to grantee and his heirs: Title descends to heirs, and is not vested in all members of grantee's fiimily. Matthews V. Jetfery, 6 Q. B. D. 290; 50 L. J. Q. B. 164, 43 L. T. 796; 29 W. R. 282; 45 J. P. 361. t Power of burial board to prevent ornamentation of private grave, Ashby V. Harris, L. R. 3 C. P. 523 ; 37 L. J. M. C. 164 ; 18 L. T. 719 ; 16 W. K. 869. By purcluise of rights under Section 33 the purchaser onlv gets such rights as the burial board are empowered to sell ; such right does not include a right to place a glass shiide and wire covering: ovit a grave. M'Gough r. Lancaster Burial Board, 21 Q. B. I). S23;'37 L. J. Q. B. 568 ; 36 W. R. 822 ; 52 J. P. 740. Action is maintainable for obliterating a tombstone. Spooner i\ Brewster, 10 Moore 494 ; 3 Bing. 136; 2 C. and P. 34 ; »w also Hitch- cock V. Walter, 6 D. P. C. 457. X Incumbent has no right to refuse to allow tombstone to be set up in «hurchvard having as part of the inscription the words "Reverend" and " Wesleyan minister." Keet v. Smith, L. R. 1 P. D. 73 ; 45 L. J. P. C. 10 ; 33 L. T. 794 ; 24 W. R. 375 (reversing L. R. 4 Ecc. 398 , 44 L. J. Ecc. 70). § Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134, 8. 7 (p. 324). 314 15 & 16 VICT., c. 85. Sec. 35. ilistrict purish or other ecclesiastical district, each incumbent shall have the same proportion of the fees in tlie burial <;round to be provided under this Act as he was entitled to in respect of interments in tlie old burial ground. Fees payable 36.* Where fees or any portion of fees payable on interments, or to chuicii- £qj. .^j^y monument, gravestone, tablet, or monumental inscription, others' for "i the burial ground of any parish for which a burial ground is pHrochial provided alone or jointly with any other parish or parishes under purposcers of the poor of any paiisli in the metropolisffor wiiich a until inter- burial board shall not have been appointed under this Act, by the meat- direction of the ve>try, and subject as aforesaid, to hire, take on lease, or otherwise to provide fit and proper phicestin whicli bodies may be received and taken care of previously to interment, and to nrake arrangements for tlie reception and care of the bodies to be deposited therein, and for providing such places such burial boards may exercise the powers vested in thein under this Act for providing burial (.'rounds ; and such churchwardens and overseers may exercise all such powers as, under the Act of the tifry-ninth year of King George the Third, chapter twelve, or otlierwise, the churchwardens and overseers of any ])arish not having a workhouse might exercise for providing a workhouse for such parish. 43. The provisions hereinbefore contained for the appointment The Com- of burial boards shall not ajiplv to any i)arish within the limits of niissioners of the City of London and the liberties tliereof ; but it shall be lawful Steers of the - ., "^ ,, , L- i.1 • 1 . ■ Citv ol Lon- for the mayor, aldermen, and commons of the s:^d city, nx common dmitohea council assembled, if and w hen they see tit so to do, to authorise and imrial hoard direct the Commissioners of Sewers of theCity of London toexercise f"'' ''"^ . for the said city and liberties all the powers and authorities vested f/'e'c'iv and in bttrial boards under this Act; and thereupon such Commissioners its iiheities. shall have and exorcise for and on behalf of the said city and liberties all such jtowers and authorities as are hereby vested in the burial board for any ]i;irish, or which might be exercised by such board with the approval of the vestry; but the expenses to be incurred by such Commissioners in providing and laying out any * .Xpplies to parishes outside the metropolis; see 16 iind 17 Vid., r. 131, s. 7 (p. 324). t The words "in the metropolis" in Sectii n 4'2 were repealed by the Staiutu Law Revision Act, IS'J-i. ^ iSee note on p. 321. 316 15 & IG VICT., c. 85. Sec. 43, ^m.|j^^ ground or burial grounds under this Act, and building the necessary chapel or chapels therein, shall not exceed such sum as the said mayor, aldermen, and commons in common council assembled shall authorise to be expended for this purpose, and the money required for defraying tlie expenses incurred under this Act by the said Commissioners shall be charged upon and payable out of the consolidated rate authorised to be made by the City of London Sewers Act, 1848, or any moneysapplicahlefor defraying theexpenses by the said Act charged upon or payable out of such rate, and the income of auy burial ground provided under this Act by such Com- missioners, which if such ground had been ))r()vidod by a burinl board for any parish would be applicable in aid of the ratH for the relief of tlie poor of such parish, shall be applicable in aid of the said consolidated rate ; and the provisions contained in the City of London Sewers Act, 1818, for the purjjose (as tlierein expressed) of enabling the said Commissionei-s to effect the purchases therein authorised shall be applicable for the purpose of enabling ttie said Commissioners to purchase land for the purposes ot this Act; and the powers for and auxiliary to the sale and disposal of land given or expressed to be given by the City of London 8ewers Act, 1848, and the City of London Sewers Act, 1851, with respect to land purchased by the said Commissioners for any of tlie purposes men- tioned in such last-mentioned Act, and deemed by tliem unnecessary for such purposes, shall be applicable with respect to any land purchased by the said Commissioners for the purposes of this Act whicli may not appear to them to be wanted for such purposes ; and all the provisions of the said City of London Sewers Acts applicable to the exercise of the powers vested in the said Comraissionera shall be applicable to and for the purposes of this Act, as if tlie powers wliich under this Act may become vested in such Commissioners had been powers vested in them under the said City of London Sewers Act, 1848 : Provided that it shall be lawful for the said mayor, aldermen, and commons to appoint any incumbent or incumbents of any parish or parishes within the said City or liberties to act with the said Commissioners for the purposes of this Act. 44.* It shall be lawful for one of Her Majesty's principal Secre- State miy' taries of State from time to time to make such regulations in relation make regu- to the burial grounds and places for thereception of bodies previously lationBas ^^ interment which may be provided under this Act as to him may grouuds &c. seem proper, for the protection of the public health and the main- ' tenance of public decency, and the burial boards and all other persons having the care of such burial grounds and places for the reception of bodies shall conform to and obey such regulations. Brompion Cemetery vesteii in Coniniiisiou- erbof Works 45 t The rights and obligations of the general board of health with reference to tlie purchase of the said cemetery J shall, upon the passing of this Act, become transferred to the Commis- sioners of Worlis; and in case tlie said cemetery sliall be conveyed to them by virtue of the transfer hereby made of such rights and liabilities, then imiiiediately upon such cemetery being so conveyed , . . . t the said cenntery shall, witiiout any further conveyance. * Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134,8.7 (p. 324). t Words repealed by Statute Law Revision Act, 1892, 1 The cemetery referred to is the Brompion Cemetery, BURIAL ACT, 18o2. 317 become vested in the said Commissioners of Works in the like Sec. 45. corporate capacity in which any lands, tenements, or ht'ieditiinients are vested in them luider the Act of this hist session of Parlianieut, Chapter forty-two, hut suhject to the rij^'hts to graves, vaults, and monuments sulijeet to which such cemetery may have been con- veyed to such Commissioners or to the (Jener.il iioard of Health, as the case may be, and subject to the powers and for the purposes hereinafter mentioned. 46. {Section repealed hy Slahde Law Revision Act, 1802.) 47. {Repealed by Statute Law Revision Act, 1875.) 48. The said Commissiomrs of Works . . . .* sliall and may, in Brompfon case the said Brompton Cemetery be vested in them by or under ^''"",'^''y . . this Act, sell and dispose of the same or any p:irt thereof, subject to i"^^d,nctK)n the rights aH'ecting the same, as the Treasury may direct; and of the Tiea- in the meiintimc, until such sale, the Secretary of State may suiy, :.iid lu and shall permit the same to be used for the purposes of interment {i'lJ^J'IJsI'a'for U})on such terms and conditions as he shall think Ht, and the residue intermeuts. of t^he moneys arising from tlie sale and disposal of the said cen)etery or any part thereof, and in respect of tlie interments therein, after defraying the expenses incident to sach sale and to the care and management of tlie cemetery until the whole thereof shall be sold and disposed of, shall be jiaid to the metropolitan interments repay- ments account, mentioned in the said Act of the last session of Parliament, to be carried to the said consolidated lund. 49.t Where any body is buried in any of the cemeteries mentioned Limiiin? the in Schedule (B) to this Act at tlie expense of any union or parish J^?"'P."-'''^|''^ the fee or sum to be paid or payable on the interment of such body, ^e payable or otherwise in respect thereof, to the incumbent of the parish or on paiiper ecclesiastical district from which such body is removed for i\itcr- burials in ment, shall not exceed the sum of one shilling, or where the "'"'^ ""^'' incumbent now receives in respect of the like burial in the ground of his parish more than one shilling shall not exceed the sum so now received, and in no case shall exceed two shillings and sixpence; and no other fee or sum whatsoever shall be payable in respect of such interment, to or for the use of any person as an officer of such parish or district, or for or on behalf of such parish or district, anything in any Act mentioned in the said schedule (13) or any Other Ax;t notwithstanding, 60.+ ^^'here under any local Act fees on interment in any burial Incnmbenta* ground of any pari h in the metropolis are payable to the church- j[|"',s'Vo'be wardens of such parish, or to any trustees or other persons, for the payaiii-; to purpose of enabling them to pay an annuity or stipend to the t'"; flmrch- incumbent or minister, the fees which under this Act, or any Act ^",gre'ihe relating to any cemetery company, would on the interment in the fees on cemetery of any company of any body brought from such jiarish imnaU are be payable to such incumbent or minister, shall be payable to the "i°g*„'""|,j said churchwardens, trustees, or pei'sons, and any surplus of such ii,e nlcuni. fees which may remain in their hands after payment of such annuity benis are not or stipend shall be paid to such incumbent or minister. entiileu. * Words repealed by Statute Law Revision Act, 1892. t Extended to all cemeteries by 16 and 17 Vict., c. 134. s.7 (p. 272). X Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134, s. 7 (p. 324). The words "in the metropolis" in Section 50 were struck out by the Statute Law Revision Act, lt*94. 3is 15 i^ IG VICT., c. 85. Power for in- cumbent or churchwar- dens to con- vey chapel. Interpre- tation of terms. 51.* \Vhere any burial ground in which interment is discontinued under this Act belongs to any parish other than the parish within which the same is locally situate, it shall bo lawful for the incumbent and churchwardens of the parish to which such bnriiil ground belongs, with the consent of the vestry or persons possessing the powers of vestry for ecclesiastical purposes of or in such parish, and of the bishop of the diocese, to convey any chapel belonging to such parish, and situate in or attached to such burial ground and the site thereof, to any persons named by tlie incumbent and churchwardens of the parish within which the same is situate, with the consent of the vestry or persons possessing the powers of vestry of or in such parish for ecclesiastical purposes, and of the said bishop, and upon such trusts for sucl) last-mentioned parish, and subject to such conditions to be performed on behalf of such parish, and with such provision for the apjioiutment of new trustees as to the said bishop may seem proper, and such conveyance shall be effectual to pass all the estate and interest vested in any persons in trust or in behalf of the parish to which such chapel and the site tliereof belong, and after the execution of such conveyance all obligation on such last-mentioned ])arish, or any trustees or others on behalf thereof, to repair such cliapel, or to ]iay any stipend to the minister thereof, or otherwise in relation to or in connection with such chapel sliall cease. 52.* In this Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construc- tion ; that is to say, "Parish" shall mean every place having separate overseers of the poor, and separately maintaining its own poor. "Ratepayers" shall mean tiie persons for the time being assessed to and paying rates for the relief of the poor of the parish. " Incumbent " and " minister" shall, in respect of any fee made payable to an incumbent or minister under this Act, mean the clcrgyuiau who would have been entitled to the fee had the body been buried in the churchyard or burial ground of the parish from which it came, or in the burial ground of the ecclesiastical district in case such district has a burial ground at the passing of this Act; and if any diffei'ence shall arise between two or more persons severally claiming to be the incumbent or minister under this provision, such difference shall be determined by the bishop of the diocese. "Churchwardens" shall mean also chapelwardens, or other persons discliarging the duties of churchwardens. "Overseers" shall mean also any persons authorised and re- quired to make and collect or cause to be collected the rate for the relief of the poor of the parish, and acting instead of overseers of the poor. " Vestry "f sliall mean the inhabitants of the parish lawfully assembled in vestry, or for any of the purposes for which vestries are holden, except in those parishes in which there * Applies to parishes outside the metropolis; see 16 and 17 Vict., c. 134, s. 7 (p. 324). t " Vestry," Keg. v. Peters, 6 El. and Bl. 226 ; S. C. nom. In re Sunderland Burial Ground, 25 L. J. Q. B. 271 ; 2 Jur. n.s. 424. BURIAL ACT, 1852, 319 is a select or other vestry . . . .* elected under an Act Sec. 52, pnsscil in the second year of Kinj* William the Koiirtli, Chapter sixty, " for tlu; hctttT re;^ulation of vestries, and for tlie aj)poiutniunt of auditors of accounts, in cerlain parishes of England and WaU-s," or dieted under the provisions of any Local Act of Parliament for the goveiiiineiit of any parish hy vestries, in which parishes it shall mean such select or other vestry. " Clerk " shall mean the clerk appointed pursuant to this Act hy any burial board aj)pointed under this Act, 53. For the purposes of this Act, the expression " the metro- Definition of polls" shall be construed to mean and include the cities aud "' ^'."^,™^^"^' liberties of London and Westminster, the borough of Southwark, *""*" and the parishes, precincts, townships, and places mentioned in the Jschcdule (A) to this Act. 54. Providca always, that nothing in this Act contained shall Saving extend to take away, liiniiiiish, alter, or i/reiudice any of the ri"hts, '"'Sl'tsof powers, or authorities vested in any or the cemetery companies in- companies, corporated under the several A(rts mentioned in the said Schedule (B) to this Act, but all such rights, powers, and authorities shall be as good, valid, and effectual as if this Act had not passed, SCHEDULE (A). The City of London and the Liberties thei-eof, the Inner Temple and Middle Temple, and all other Places and Parts of Places contained within the exterior Boundaries of the Liberties of the City of London. In Middlesex. The City and Liberties of Westminster. The Parish of St. Margaret and St. John the Evangelisb. The Parish of St. Martin in the Fields. Tlie Parish of St. George, Hanover Square, The Parish of St. James. The Parish of St. Mary-le-Strand, as well within the Liberty of Westminster as within the Duchy Liberty. The Parish of St. Clement Danes, as well within the Liberty of Westminster as within the Duehy Liberty. The Parish of St. Paul, Covent Garden. The Parish of St. Anne, Soho. Wliitehall Gardens (whether the same be parochial or extra- pai'ochial. Whitehall (whether the same be parochial or extra-parochial). Richmond Terrace (whether the same be parocliial or e.xtra- parochial). Th« Close of the Collegiate Church of St. Peter, The Parishes of St, Giles in the Fields and St. George, Hloomsbury. The Parishes of St. Andrew, Holborn, and St. George the I\Iartyr, The Liberty of Hatton Garcleu, Saffron Hill, and Ely lleuts. The Liberty of the Kolls. The Parish of St. Paiicias, * Words repealed by Statute Law Kevision Act, 1875. 320 15 & 16 VICT., C. 85. The Parish of St. John, Hampstead. The Parish of St. Marylebone. The Parish of Paddiugton. The Precinct of th.- Savoy. The Parish of St. Luke. The Liberty of Ghisshouse Yard. The Parish of St. Sepulchre. Tiie Parish of St. James, Clerkenwell, including both Districts of St. James and St. John. Tiie Parish of St. Mary, Islington. The Parish of St. Mary, Stoke Newington. The Charterhouse. The Parish of St. Mary, Whitechapel. The Parish of Cliristchurch, Spitalfields. The Parish of St. Leonard, Shoreditch. The Liberty of Nortou Folgate. The Parish of St. John, Hackney. The Parish of St. Matthew, BetlniMl Green. The Hamlet of Mile End Old Town. The Hamlet of Mile Eud New Town. The Parish of St. Mary, Stratford, Bow. Tlie Parish of Bromley St. Leonard. Tlie Parish of All Saints, Poplar. The Parish of St. Anne, Limehouse. The Hamlet of Ratcliffe. The Parish of St. Paul, Shadwell. The Parish of St. George in the East. The Parish of St. John, Wapping. The Liberty of East Smithfield. The Precinct of St. Catherine. The Lil)erty of Her Majesty's Tower of London, consisting of — The Liberty of the Old Artillery Ground. The Parish of Trinity, Miuories. The Old Tower Precinct. The Precinct of the Tower Within, The Precinct of Wellclose. The Parish of Kensington. The Parish of St. Luke, Chelsea. The Parish of Fulham. The Parish of Hammersmith. Lincoln's Inn. New Inn. Gray's Inn. Staple Inn. That Part of Furnival's Inn in the County of Middlesex. Ely Place. The Parish of Willesden. In Kent. The Parish of St. Paul, Deptford. The Parish of St. Nicholas, Deptford. The Parish of Greenwich. The Parish of Woolwich. The I'arish of Charlton. The Parish of Plumstead. BURIAL ACT, 1852. 321 In Sureet. The Borough of South waik. The Parish of St. George the Martyr. Tlie Parish of St. Saviour. Tlie Parish of St. John, Horselydown. The Parisli of St. Olave. I'he Parish of St. Thomas. The Parish of Battersea (except the Hamlet of Penge). The Parish of Bermondsey. 'J"he Paiisli of Cauiberwell. The Parish of Clapham. The Parisli of Lambeth, Tlio Parisli of Newiiigton. The Parisli of Putney. The Parish of Rotherhithe. The Parish of Streatham. Tlio Parish of Tooting. Tlie Parish of Wandsworth. The Parish of Christchurch. Tlie Clink Liberty. The Hamlet of Hatcham in the Parish of Deptford. SCHEDULE (B). The several cemeteries established under the several Acts hereinafter mentioned ; viz. — An Act for establishing a general cemetery for the interment of 2 &3 W. 4, the dead in the neii^hbourhood of the metropolis : c. 110. An Act for establishing a cemetery for the interment of the dead 6 & 7 W. 4, southward of the metropolis, to be called the " South Metropolitan c. 129. Cemetery : " An Act for establishing cemeteries for the interment of the6&7W. 4, dead, northward, southward, and eastward of the Metro))lis, by a c. 136. company to be called " The London Cemetery Conipauy : " An Act for establishing a cemetery for the interment of the dead 1 Vict., westward of the metropolis, by a company to be called " The West '^- ^^''• of London and Westminster Oemeteiy Company : " and An Act to establish a general cemetery lor the interment of the 4 & 5 Vict, dead in tlie parishes of St. Duustan, Stepney, and Saint Leonard, '^- ^• Bromley, in the County of Middlesex : The Victoria Park Cemetery in the parish of Saint Matthew, Bethnal Green, in the County of Middlesex : and The Abney Park Cemetery in the parish of Saint Mary, Stoke Kewlngton, in the County of Middlesex. It would seem that a parish council cannot provide a mortuary with- Mortnaiy. out first adopting the Burial Acts. Query whether they can adopt the Acts merely for the purpose of providing a mortuary. It would seem that the power of the overseers and churchwardens given in Section 42 is not transferred to the parish council by Section 6, Local Government Act, 1894. The overseers and churchwardens may therefore still pro- vide a mortuary for their parish, and it will be convenient that they should do so if a mortuary only and not a burial ground is wanted. If it is desired to provide a burial ground as well, the provision should be made by the parish council after adopting the Burial Acts in manner provided in Section 7 (8) of the Local Govenuncnt Act, 1804 (rt;;^<", p. So). A mortuary niav also be provided by the District Council under Section 141,"Pubric Health Act, 1875. [This footnote relates to Section 42 on page 315.] 21 322 16 & 17 VICT., c. 134. BURIAL ACT, 1853. IG & 17 VICT., c. 134. An Act to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis. I20t?i August, 1853.] On repre- sentation of Secretary of State, Her Majesty in Council may restrain the openinK of new burial grounds, and order dis- continuance of burials in specified places. Order not to extend to burial pounds of Quakers or Jews unless expressly included. [The preamlle was repealed hy Statute Latv Revision Act, 1892.] 1. In case it appear to Her Majesty in Council, upon the repre- sentation of one of Her Mjijesty's principal Secretaries of State, that for tlie protection of the public health the openin<^ of any new burial ground in any city or town, or within any otlier limits, save with the previous apjjroval of one of such Secretaries of State, should be prohibited, or that burials in any city or town, or within any other liuiir.s, or in any burial grounds or places of burial should be wholly discontinued, or shiiukl be discontinued subject to any exception or qualification, it shall be lawful for Her jMajesty, by and with the advice of her Privy Council, to order that no new burial ground shall be opened in such city or town, or within such limits, without such previous approval, or (as the case may require) that after a time mentioned in tbe order burials in such city or town, or within such limits, or in such burial grounds or places of burial, shall be discontinued wholly, or subject to any exceptions or qualifications mentioned in such order, and so from time to time as circumstances may require. Provided always, that notice of such representation, and of tbe time when it shall please Her Majesty to order tlie saiue to be taken into consideration by tlie Privy Council, shall be published in the ' London Gazette,' and shall be affixed on the doors of tlie cliurclies or chapels of, or on some other con- spicuous places within, the parishes all'ected by such rejirescntation, one month before such representation is so considered : Provided also, that no such representation shall be made in relation to the burial ground of any parish until ten days previous notice of the intention to make such representation shall have been given to the incumbent and the vestry clerk or churchwardens of such parish.* 2. No such order in Council as aforesaid shall be deemed to extend to any burial ground of the people called Quakers, or of the ♦ See also 15 and 16 Vict., c. 85, s. 2. As to closino^ private burial grounds see Moreland v. Richardson, 24 Beav. .33 ; 26 L. J. Ch. 690; 3 Jur. n.s. 1189. 'J'he powers of this section extend to churchyards outside the metro- polis established under the Church Building Acts. lleg. v. Manchester, 6 Li. and Bl. 702; 25 L. J. M. C. 45; 2 Jur. n.s. 182. BURIAL ACT, 1853. 323 persons of the Jewish persuasion, used solely for the burial of the Sec. 2. bodies oi such people and persons resijectively, unless the same be expressly mentioned in such oider; and nothing in this Act shall prevent the burial in any such burial ground in which for the time being interment is not required to be discontinued of the bodies of such people and persons respectively; and no such order in Council as aforesaid shall be deenu-d to extend to any non-parochial burial ground being the property of any private person, unless the same be expressly mentioned iu such order, 3. It shall not be lawful, after the time mentioned in any such Burial not to order in Council for the discontinuance of burials, to bury the dead '"'"^ p^^e in any church, chapel, churclivard, or burial place, or elsewhere ;„ Comicil within the parts to wliich such order extends, or in the burial for discon- grounds or places of burial (as the case may be) in which burials tinuauce. have by any such order been ordered to be discontinued, except as in this Act or in such order excepted; and every person who shall, alter such time as aforesaid, bury any body, or in any wise act or assist in the burial of any body contrary to this enactment shall be guilty of a misdemeanor. 4. Provided always, that notwithstanding' any such order in Saving of Council, where by virtue of any faculty legally granted, or by fertain usage or otherwise, there is at the time of the passing of this Act j'S^I'*^^" any right of interment in or under any church or chapel affected by vaults, kc such order, or in any vault of any such church or chapel, or of any churchyard or burial ground affected by such order, and where any exclusive right of interment in any such burial ground has beeu purchased or acquired before the passing of this Act, it shall be lawful for one of Her Majesty's principal Secretaries of State from time to time, on application being made to him, and on being satisfied that the exercise of such right will not be injurious to health, to grant licence for the exercise of such right during such time and subject to such conditions and restrictions as such Secre- tary of State may think lit, but such licence shall not prejudice or in any wise affect the authority of the ordinary, or of any other person who, if this Act had not been passed, miglit have prohibited or controlled interment under such right, nor dispense with any consent which would have been required, nor otherwise give to such right any greater force or effect tlian the same would have had if this Act had uot been passed. 5. The provisions of this Act shall not extend to authorise the Not to discontinuance of burials, or to prevent the burial of the body of e'^'end to any person, in any cemetery established under the authority of any establisl.ed Act of Parliament,* or in any burial ground or cemetery to be by Act of hereafter provided with the approval of one of Her Majesty's Pirliament principal Secretaries of State, as herein mentioned. haCgrouiiids, 6. Where by any such order in Council as aforesaid it is ordered Nen- burial that no new burial ground shall be opened iu any city or town. LTuuuds not or within any limits therein mentioned, without the previous fon','r,^,.y^fJ approval of one of Her Majesty's principal Secretaries of State, no order iu new burial ground or cemetery (parochial or non-parochial) shall be CouuciL. provided and used in such city or town, or within such limits, without such previous approval. * This does not exclude churchyards established under the Church Building Acts ; see note to Section 1. 324 16 & 17 VICT., c. 134. Certain pro- visions of Metropolitiin Uurial Act, 15&16Vict., c. 85, ex- tended to parishes, &c., not in the metxopolie. Any burial board huild- ing a chupel for hurials according to the rites of the Church of England also to build a chap?l tor persons not being mem bers of the Church of England. Register ot burials to be kept in every ground pro- vided under 15&1G Vict., c. 85, or under this Act. Entries to be evidence. 7. All the provisions contained in the said Act of the last session of Parliament, Chapter eighty-five, "to amend the laws concerning the burial of the dead in the metropolis," from Section ten tO' Section forty-two (both incUisive) of tlic said Act, and also in Sections forty-four, lit'ty, fifty-one, and fifty-two of the said Act, shall extend and be applicable to and in respect of any parish not in the metropolis, and for the purpose of providing a burial ground for any such parish, or otherwise providing for the interment of the bodies of persons who would have had right of interment in the burial ground of any such parish, and generally in relation to every such burial ground to be so provided, and the fees and payments to be received in respect of interment or other rights therein^and otlier- wisc, as if such seittions were i-e-enacted in this Act,[and the words "in the metropolis," wherever they occur in such sections, or any of them, were omitted ;]and Section forty-nine of the said Act shall extend to all cemeteries already established and hereafter to be established under the authority of Parliament in like manner as to those mentioned in Schedule (B) to that Act, and as respects the cemeteries to which such section is hereby extended, the same shall also apply in respect of burials at the expense of any hospital or infirmary in like manner as to burials at the expense of a union or parish : Provided always, that in all cases in which any burial boiird shall provide'a new burial ground under the said Act of the last session of Parliament or under this Act, that new burial ground shall be divided into consecrated iind unconseerated parts in such proportions, and the unconsecratea part thereof shall be allotted in such manner and in such portions as may be sanctioned by one of Hei Majesty's principal Secretaries of Stiite; and when any burial board sliall by virtue of Section thirty of the said Act build on any burial ground provided 1,'y such board a chapel for the performance of the Burial Service according to the Rites of the . . . Church of England they shall also build, on the portion of such ground set apart for burials otherwise than according to the rites of the said Church, such chapel accommodation for the performance of burial service by persons not being members of the said Church as may be approved of by one of Her Majesty's Secretaries of State. 8. All btn-ials within any burial ground provided under the said Act of the last session of Parliament or this Act shall be registered in a register book to he provided by tlie burial board providing such ground (or where the same is provided by the Commissioners of Sewers of the City of London, then by such Commissioners), and kept for that purpose according to the laws in force by which registers are required to be kept by the rectors, vicars, or curates of parishes or ecclesiastical districts in England ; and such register book shall be so kept by some officer appointed by the said board or Commissioners to that duty; and in such register books shall be distinguished in what parts of the burial ground, and where the whole of such burial ground is not consecrated tor interments according to the rites of the ... . Church of England .... whether in the portion so consecrated or in the portion not so consecrated the several bodies (the burials of which urn entered in such register books) are buried; and in case such burial ground has been provided for more than one parisli, such register shall be kept or indexed so as to facilitate searches for entries in such books in respect of bodies from the several parishes; and such register books or copies or extracts therefrom shall be received in all courts as evidence of the burials entered tlierein, and -opies or * These words were repealed by Statute Law Ivevision Act, 1894. r.UKiAL ACT, 1854. 325 trimscripts of such register books, verified and signed by such Sec. 8. cHJceras aforesaid, shall be from time to time sent to the registrar of the diocese to be Iccpt with the copies of the other register books of the parishes within such diocese ; and the said regist<*r books, so far as respects searc-bes to be made therein and copies and extracts to be t.tken therefrom, shall be subject to the same regulations as are provided by an Act passed in the seventh year of King William 6 & 7 W. 4, the Fourth, intituled "An Act tor Registeriuj; Hirths, Deaths, and c. b6. Marriages in Euglaud," so far as such regulations relate to register books of burials kept by any rector, vicar, or curate. 9. Nothing in this Act, except the provisions in Sections seven Act, except and eight, shall extend to any parish in " the metropolis," as defined ^'- 7 and 8, by the said Act of the last session, or otherwise affect the provisions "04),° ^efro- of that Act. polis. 10. This Act shall not extend to Scotland or Ireland. Extent of Act. BURIAL ACT, 1854 17 & 18 VICT., c. 87. An Act to make farther Provision for the Burial of the Dead in England beyond the Limits of the Metropolis. [10/A August, 1854.] (Preamble repealed by Statute Lata Eevision Act, 1802.) 1. In case it appear to Her Majesty in Council, upon the petition Her Majesty of the town council of any borough, stating that an order in "rYgj*^^ Council has been made for closing all or any of tho burial grounds Couticil, of one or more parishes being wliolly or partly within such boroui,'h invest town that there is dilliculty or inconvenience in providing, under the ^^'.',"|""^g powers of the said Act of the last session of Parliament, requisite power of places of burial for the inhabitants of such parish or parishes, it providing shall be lawful for Her Majesty, with the advice of her Privy """"^'j Council, to order that powers shall be vested in the council of such boroutrh for providing such places of burial under the pro- visions of this Art: Provided always, that notice of such petition, and of the time when it shall please Her Majesty to order that the same be taken into consideration by the Privy Council, shall be published in the ' London Gazette,' and in one of the newspapers usually circulating in such borough, one month at least before such petition is so considered. 2. Upon the making of any such order of Her Majesty in Council Upon the as aforesaid in relation to any borough, if the town council of the '""Ij'ngof same shall decide upon providing one or more burial grounds, the ijorou")! said town council shall be a burial board for that purpose, and the couiinl to provisions of the said Act of the last session, and the provisions of ''"^e all the Act of the fifteenth and sixteenth years of Her Majesty, vcated"iu" Chapter eighty-five, in the said Act of the last session mentioned burial or referred to and thereby extended and made applicable as therein '•"•'^''l "'."'6' mentioned, except the provisions relating to the constitution, incor- ^ y^^ ' "^'^ poratiou, meetings, entries of proceedings, and accounts ot burial 326 17 & 18 VICT., c. 87. Sec. 2. Expenses fn be paid oi.t of horough fund or borough rates. Money may be borrowed at lower rates of interest to pay off securities bearing a liigher rate. Power to borrow money to pay off former mort 'rages. boards, shall, subject to the provisions herein contained, extend and be applicable to such borough and the council thereof, and to any burial ground and any places for the reception of the bodies of the dead previously to interment which may be provided by such council under this Act, in like manner as the same are applicable to any parish and the burial board thereof, and to any burial ground and any such places as aforesaid provided by such burial board, save tliat no approval, sanction, or authorisation of the vestry of any parish shall be requisite. 3. Provided always that all expenses of carry in t^: this Act into o.^\-cution in any borough shall, subject to the provisions hereinafter contained, be chargeable upon and paid out of the borough fund and borough rates of such borough, or partly out of such fund and partly out of such rates, in like manner as if the same were expenses incurred in carrying into effect the provisions of [an Act of the session holden in the fifth and sixth years of King William the Fourth, Chapter seventy-six*] ; and any money to be borrowed under the authority of this Act by the council of such borough, and the interest thereon, shall be charged by such council on the moneys out of which such expenses are by this Act directed to be paid, and the said provisions hereby extended aud made applicable to the said council shall be construed accordingly ; and any surplus of money raised for defraying such expenses as aforesaid, and of the income of any burial ground provided by the council of any borough, which if the same were provided by a burial board for any parish would be applicable in aid of the rate for the relief of the poor of such parish, shall be applicable in aid of the borough fund or borough rates of such borough, or in case a separate rate has been levied in parts only of such borough, for the purposes of this Act, as hereinafter provided, then such surplus shall be anplied rateably towards payment or satisfaction of so much of any borough rate as may be leviable in such parts of such borough: Provided always, that such surplus shall be ascertained upon the auditing of the accounts of the treasurer of such borough in the month of September in any year. 4. If any burial board under the said Act of the last session of Parliament, or the council of any borough acting under this Act, can at anv time borrow at a lower rate of interest than that secured by any mortgage previously made by them, and t'len outstanding and in force, tiiey may, if they think fit, so borrow accordingly in order to pay off and discharge any security or securities bearing a higher rate of interest, and to secure the repayment of the money so borrowed, and tlie interest to be paid thereon, in like manner as other moneys authorised to be borrowed by such burial board or council under the said Act of the last session or this Act. 5. If at the time appointed by any mortgage for payment of the princii)al money secured thereby any such burial board or council as aforesaid are unable to pay off the same, they may, if they think fit, borrow such sum of money as may be necessary for the purpose of paying off all or any part of such principal money, aud secure the repayment of the money so borrowed, and the interest to be paid thereon, in like manner as other moneys authorised to be borrowed by such burial board or council under the said Act of the last session or this Act. * The Municipal Corporations Act, 1882, is now substituted («e« Section 242). BURIAL ACT, 1854. 327 6. The council of any borough shall act in execution and exer- Council, how else of their duties, powers, and authorities under this Act in like |? ""if 'l'"'^'", manner as in execution and exercise of their duties, powers, and convcvin'ices authorities under the [said* Act of the fifth and sixth years of and siiles of Kinf^ William the Fourth] ; and every conveyance of lands to be la"J3i 'low pnriiro|iriatfd as a hnrial c. 85, ground or as an addition to a hurial ground under that Act nearer repealed, than two hundred yards to any dwelling-house * without the consent in writing of the owner, lessee, and occupier of such . dwelling-house " shall be repealed; but] § noground not already used „^"J^^j ^^^ as or appropriated for a cemetery shall be used for burials under the to be said Act or this Act, or either of them, within the distance of one within If'O hundred yards from any dwelling-housef without such consent as -["giiin,,.^ aforesaid. house. 10. If the ratepayers assembled at any vestryt duly convened If rate- under the provisions of this Act shall, in jiursuance of public notice P^fy^Y^^jj duly given in that behalf, resolve unanimously that any n(!W burial f^^ „^,^.' ground to be provided for their parish, under the provisions of this burial Act, shall be held and used in like manner and .subject to the same ground may laws and regulations in all respects as the existing burial ground ^nj^getUed or churchyard of the said parish, the land for such new burial ground as old burial may be conveyed and settled in accordance with such resolution ; ground, anything in this or the said recited Acts notwithstanding, and in such case it shall not be necessary to set apart to remain unconse- crated any portion of the land so conveyed and settled : Provided always, that if at any time within ten years therealter the vestry,t duly convened under the provisions of this Act in pursuance of public notice duly given in that behalf, should determine that an unconsecrated burial ground should be also provided for such parish, all the powers and provisions of the said recited Acts and this Act may be put in force and may be applicable for providing such unconsecrated burial ground separauly, in like maimer as they might have been put in force and bei-n applicable for providing an ordinary burial ground for such parish. 11. Where a parish or place has been united with any other Hon- burial parish or place, parishes or places, for all or any ecclesiastical ^^l°^p^ p^qJ'^ purposes, or where two or more parishes or places have heretofore vided for had a church or a burial ground for their joint use, or where the united inhabitants of several parishes or places have been accustomed to P-'^'s 'es. meet in one vestry for purposes common to such several parishes or places, it shall be lawful for the vestry or any meeting in the nature of a vestry of such several parishes or places in any of the cases aforesaid, and whether any one or more of such parishes or places do or do not separately maintain its own poor, to apjioint a burial board, and from time to time to supply vacancies therein, and to e.xercise the same powers of authorisation, apjtroval, and sanction in relation to such burial board, and such other powers as under the said Acts aiul this Act are vested in the vestry of a parish or place separately maintaining its own poor; and the buriid board so appointed shall have all the powers J for providing * Dwelling-house does not include the curtilage. The specitied dis- tance must be measured from the walls of the dwelling-house. Wright r. Wallasey Local Board, 18 Q. B. D. 783 ; 56 L. J. Q. B. 259 ; 52 J. P-*- " . . , The section applies to private as well as public hurial grounds. Greenwood r. Wadsworth, 16 L. R. Eq. 288 ; 43 L. J. Ch. 78; 29 L. T. 88 ; 21 W. K. 722 ; see also Cowley v. Byas, 5 Ch. D. 944 ; 37 L. T. 23S ; 26 W. R. 1, § Words repealed by Statute Law Revision Act, 1892. f iScf t^eclion 7 l.oial Goveruiuent Act, 1894, ante, p. 85). X Section 9 of 20 and 21 Yict., c. 81, anands the above Ecction, and 332 18 & 19 VICT., c. 128. Sec. 11. Burial boHi'ds may be appointed for town- ship, &c. (not sepa- rately main- taining their own poor), which have nad separate burial grounds. Provision for expenses of burial boards of places not separately maintaining their owu poor. a burial ground for the common use of such several parishes or places, ami for facilitating interments, and otherwise, as if such several parishes or places had been a parish separately maintaining its own poor; and the expense-! of the burial board appointed under this provision shall be honie by the several parishes or places for which such board is ap])ointed, and shall be apportioned among them by such burial board in proportion to tlie value of the property in such several parishes or places as rated to the relief of the poor; and the sums required by the burial board in respect of the por- tion of such expenses to be borne by any such parish or place shall be paid out of the rates for the relief of the poor in such parish or place, in like maun, r as if such burial board had been appointed for such parish or place alone.* 12. 'Ihe vestry t or. meeting in the nature of a vrstry of any parish, township, or other district not separately maintaining its owu poor, which has heretofore had a separ.ite burial ground, may appoint a burial board, and from time to time suyply vacancies therein, and may exercise the same powers of authorisation, ap- proval, and sanction iu relation to such burial board, and such other powers as under the said Acts and this Act are vested in the vestry of a parish separately maintaining its own poor ; and the burial board so appointed shall have all the powers for providing a burial ground and otherwise as if such parish, township, w other district had been a parish separately maintaining its own poor.J 13.§ Where any district (whether a parish or township or other subdivision) not separately maintaining its own poor, but forming part of a parish maintaining its own poor, or of an incorporation or other union maintaining the poor of the places comprised therein, by means of a common rate, shall have a burial board, or shall form part of a place or union of places not co-extensive with the area rated for the relief of the poor, and having one burial board, it shall be lawful for such respective burial board to issue their certificate to the overseers of such parish, or the overseers or other persons authorised to make and collect or cause to be collected such common rate (as the case may be), for jjayment of the sums required for the expenses of such burial board, or, where such district not separately maintaining its own poor forms part only of the area of the burial board, of the sums required in respect ot the portion of such expenses to be borne by such district, in like manner as if such district had been a parish separately maintaining its own poor, and such overseers or persons authorised as aforesaid had been the overseers thereof ; and such overseers or persons shall pay such sums as shall be i-equired by such certificate, according to requires that the powers of a vestry to appoint a burial board in certain cases shall not be used without the approval of the Secretary of State. • See Reg. v. Wright, 8 Jur. n.s. 260; -5 L, T. 345; 10 W. R. S6; Reg. V. Coleshill. 2 B. and S. 82.5 ; ,31 L. J. M. C. 219 ; 9 Jur. n.s. 226 ; 7 L. T. 244. Affirmed bv Ex. Ch. ,34 L. J. Q. B. 96. t >See Section 7 Local (iovernment Act, 1804 {an(e, p. 85). ^ Formation of burial board in an ecclesiastical district where a board already exists for the whole parish, tieg-. v. Ton bridge, l.'i Q. B. D. 339; 53 L. J. Q. B. 488 ; 51 L. T. 179 ; 33 W. a. 24; 48 " J. P. 740; see also Viner v. Tuiibridge. 2 Kl. and Bl. 9; 28 L. J. M. C. 251 ; 5 Jur. n.s. 1293 ; and Reg. v. Walcot St. Swithin, 2 B. and S. 571 ; 81 L. J. M. C. 221: 10 W. R. 602. § This Section (13) applies where a burial board district has ceased to be co-extensive with one or more parishes, by reason of alterations in parish boundaries: Reg.w. Keighley Overseers, Local Government Chronicle, 1897, p. 47. BURIAL ACT, 1855. 333 the directions of such burial boanl, and .>ihall hvy such sums as Sec. 13. may be required for such piiynicnts to the burial board by an adilition to the patisli rate or common rate, so far as the same affects tlie district in respect of whicli such j)aymcuts are required, or by se]);irate rates to be made from time to time on such district; nnd for levyiiip: such additions or separate rates as aforesaid, such overseers or other persons shall have the powers, remedies, and privileires, and in'occcd in the same manner, as in the case of the rates for the relief of the poor : Provided that any such r.ites may (notwithstandini; any restriction in relation to the parish rate or common rate) be made and levied at such times as may be neces- sary to provide Jor the paymants aforesaid. 14. And whereas doubts have arisen whether in all cases in which Noobliga- any burial board sliall l)uiUl in any burial ground provided by such a chapel* "'''' board a chapel for the burial service according to the rites of the persons not united Church of England and Ireland, such burial board is not "lemhcrs ot also bound by law to build a chapel or chapels upon the unconse- *^f'j,.*"''|'"^'^j crated p:irt of such burial ground for the perloi'mance of burial niieu Secre- service for persons not being members of the said Clnirch : Be it tary of State, enacted, tliat in anv such case as aforesaid, where it shall appear "P"" \^P'^- to one or Her Majesty s principal teeerctanes of fstate, upou the i]„,.e representation of a majority of the vestiy of any parish, consisting fourths of of not less than three fourtlis of the uiembei's of the same, that the ^,'-'^,1.''^' .. building of a chapel upon the unconsecrated part of any sucli uiintcessary. burial ground for the use of persons not being meiubers of the said Church is undesirable and unnecessary, it shall be lawful for the said Secretary of State, if he shall think fit, to signify his opinion to that effect to the burial board of the parisb, and the said burial board shall thereupon be relieved from all obligation to build the same: Provided always, that such Secretary of State shall not signify his opinion as aforesaid unless it be shown to his satisfaction that notice of the intention to propose to such vestry to make such representation was given in manner required by law for notices of vestry meetings, and of the special purposes tliereof . 15. Xo land already or to be hereafter purchased or acquired. Assessment under the provisions of any of the Acts hereinbefore recited, 'or ^"^{"y^'i"!*' the ])uriiose of a burial ground (witli or without any building crcasfd after erected or to be erected thereou), shall while used for such purposes puicliases be assessed* to any couuty, parochial, or other local rates at a higher Lusci' onUa value or more improved rent than the value or rent at which the or any same was assessed at the time of such purchase or acquisition. lomier Act. 16. That in any case where the burial boards appointed under Separate the said recited Acts of the fifteenth and sixteenth and the six- f^'.'.'Jjj teentli and seventeenth years of Her Majesty, or either of them, wi.ose barial for any two parishes, sliall provide separate burial grounds for t-'iimnds such parishes respectively, and such burial grounds shall adjoin ^!„i"'",™(l^th each other, it shall be lawful for the said burial boards to concur each otlier in building, either on one of the said burial grounds or partly on Iit specific one of such grounds and partly on the other, such chapels as are Purposes, authorised to be built by the said Acts, and that such chapels when erected shall be used in common by both of such parishes, and be deemed and taken to be the chapels of and belonging to each of * See Reg. v. Abney Park Cemetery Company, 8 L. R. Q. B. 515; 42L. J. M. C. 124;29L. T. 174. 334 18 & 19 VICT., c. 128. Sec. 16. such burial grouuds respectively in such manner, consistent with the provisions of the f-aid Acts or either of them, as the said burial boards shall mutually agree u])ou ; and that the said burial boards may agree as to the proportions in which the expenses of erect- ing such chapel acconnnodation sliall be borne by each of the said boards respectively ; arid the proportion for c.iclj of such pai-ishes of such expenses sh;ill be charsreable upon and paid in the same manner as the costs of providing burial grounds under the said Acts ; and where any burial board shall jirovide a burial ground, and cause chapels to he built thereon, ])ursuant to the said recited Acts, it shall be hiwful for sucli burial board, witli the sanction of one of Her Mnjesty's principal SecTetaries of State, to contract with any other burial board whose burial ground sliall adjoin the one on which such chapels shall so have been built, for the use of such chapels, in such manner and on such terms as such respective burial boards shall mutually agree, and that during the existence of any such agreement such chajiels shall be deemed and taken to be the chapels of and belonging to each of such burial grounds respec- tivelj'. Burial board 17. It shall be lawful for any burial board, with the sanction of may let land one of Her Majesty's principal Secretaries of State, and subject to for^burwls'^'^ regulations approved of by him, to let any land purchased by and vested in them under this Act or any of the Acts hereinbefore recited, and which has not been consecrated, and in whicli no body has been at any time interred, and which is not for the time being required for the purposes of a burial ground, in such manner and on such terms as such board may see fit, but so nevertheless that power shall be reserved to such board to resume any such land which may be required for the purjjoses aforesaid, upon giving six months' notice. Burial board 18. In every case in which any order in Council has been or shall ^''d'^^cl*" d hereafter be issued for the discontinuance of burials in any church- burial yard or burial ground, the burial board or churcliwardens,* as the grounds, &c. case may be, shall maintain such churchyardf or burial ground of any parish in decent order, and also do the neeessary repair of the walls and other fences thereof, and the costs aud expenses shall be re]);iid by the overseers, upon the certificate of the burial board or cliurchwardens, as the case may be, out of the rate made for the relief of the poor of tlie parish or place in which such churchyard or burial ground is situate, unless there shall he some other fund legally chargeable with such costs and expenses. * See Section G (l)(h) of Local Government Act, 1894. ■f Tlu; churchwardens, not burial board, must keep closed churchyard * in order. Reg. v. Bishop Wearmouth Burial Board, 5 Q. B. D. 67. By the Disused Burial Grounds Act, 1884, as explained by the Open Spaces Act, 1887, it is unlawful to build on a disused burial ground. This prohibition apjdies to land set ajiart for interment although no interment has taken idace. /" re Ponsford and the Newport School Board, (1894) W. N. 12; 10 T. L. R. 207; (1894) 1 Ch. 454. Injunction granted to restrain vestry from building band stand in a disused burial ground. A. G. v. St. Pancras, 'Times,' 9th August, 1893. As to application of consecrated ground for secular purposes sec Reg. V. Twiss, L. R. 4 Q. B. 407 ; 38 L. J. Q. B. 228 ; 20 L. T. 522 ; 17 W. R. 765; 10 B. and S. 298. Section 18 applies to parochial not private burial grounds. Eeg. v. BURIAL ACT, 1857. 335 19. Nothing in this Act coutiiined shall in any wise ahriarislies, joint burial such vestries may at any time before such burial ground has i)eeii boards may provided, determine the union between such parishes under such '"^ dissolved, agreement, and upon such union being so determined all the pro- visions of the said Acts and this Act shall be applicable with regard to such jiavislies and the respective burial boards thereof as if such union had not been formed, save that anv expenses already properly incurred by the joint burial board for such parishes shall be defrayed as provided by the gaid Acts. St. John, Westsafe, and Elswiek Burial Board (2 B. and S. 703; 31 L. J. Q. B. 20.5 ; 6 L. T. o04 ; 10 AV. 11. 606). Appropriation of closed churchvnrd as a public garden. In re St. George in the East, L. R. 1 ; P. D. 311. Faculty granted to build mortuary and post-mortem room in a churchyard. Hansard v. St. Matthew, Bethnal Green, L. R. 4 P. D. 4ii. Facnltv granted to erect school on portion of closed churchyard. In re Bettison, L. R. 4 Ecc. 294. As to payment by churchwardens of expenses of maintaining closed churchvaids, Reg.'r. Islington, 25 Q. B. 1). 523; 59 L. J. Q. B. 462; 63 L. T. 226 ; 39 W. R. 10 ; 54 J. P. 807. I 336 20 & 21 VICT., c. 81. Burial boaviis 3. Any burial boaril may, if tliey see fit, with the approval of may proyiile o„p of jl^r ^Majesty's principal Secretaries of State, proviilo more one burial tlian one burial ground, and may, if they see iit, with sucli ai>proval ground. instead of setting apart a portion of any burial ground for the purpose of such portion being used as nnconsecratcd ground, pro- vide separate and distinct grounds to be used respectively as con- secrated and unconsecraled burial grounds: Where before the passing of this Act any burial board has provided more than one burial ground, or has (instead of setting apart a portion of any burial ground for the purpose of being used as unconsecrated ground) provided separate and distinct grounds as consecrated and unconsecrated burial grounds, such burial board shall be deemed to have acted lawfully and in accordance with the said Acts. Local BoHid 4. In case it appear to Her Majesty in Council, upon the petition mi"^b^"' of the Local Board of Health of any district established under the onie'rin Public Health Act, or upon the pt'lition of any commissioners Council, be elected by the ratepayers, and acting under or by virtue of the constituted ;\ pQ^^grg of any local Act of Parliament for the improvement of any uria '''*'■' -^Q^^,,.,^ parish, or borough, stating that the district of such local board of health or of sucli commissioners is co-extensive with a district for which it is proposed to provide a burial ground, and that no burial board has been appointed for such district, and that an order in Council has been made for closing all or any of the burial grounds within the said district, it shall be lawful for Her Majesty, with the advice of Her Privy Council, in case Her Majesty see" fit so to do, to order that such local board shall be a burial* board for the district of siich local board, or that such commis- sioners shall be a burial bo ird for the district of such commissioners, and thereupon such local hoard or such commissioners, as the case may be, sliall be a burial board for such district accordingly ; and the powers and ])rovisions of the Acts hereinbefore mentioned (except the provisions relating to the constitution or appointment and resignation of members of burial boards), and the provisions herein contained shall extend to the district of such board, and to such board, or to the district of such commissioners, and to such commissioners, and to any burial ground and places for the re- ception of the bodies of the dead previously to interment which may be provided by such board or by such commissioners, in like manner as to any parish or parishes and the burial board thereof, and any burial ground and any such places as aforesaid provided by sucli last-mentioned board, save that no ajjproval, sanction, or authorisation of any vestry shall be requisite: Provided always, that notice of such" petition, and of the time when it shall please Her Majesty to order the same to be taken into consideration by the privy council, shall be published in the ' London Gazette,' and in one of the newspapers usually circulating in the district of such local board or of such commissioners, one month at least before such petition is so considered : Provided also, that this enactment shall not apply to any such district as aforesaid exclusively con- sisting of tlie whole or part of one corporate borough within the meaning of the Public Health Act, 1848. Uurial boani 5. The vestry, or meeting in the nature of a vestry, of any parish,t maybeestab- new parish, township, or other district not separately maintaining d^'r^t*"" its own poor, and which has had no separate burial ground, may »>"* '"*'°- * iiee Public Health Act, 1875, Sched. V, Part III. f Hee Section 7 Local Government Act, 1894 {ante, p. 85). BURIAL ACT, 1857. 337 appoint a burial board ; and such vestry or meetinp:, and the burial Sec. 5. board apjiointed by it, shall exercise and liave all the powers wliich they inif,'ht have exercised and had under the said Acts and this Act '^'"'"8 ■'• if such parish, new parish, township, or district had had a separate and which burial ground before the })assinp of the said Act of the eighteenth has had no and nineteenth years of Her Majesty ; Provided always, that ^11 s^P^fa'e the powers of any other vestry or meeting and burial board, if ground, any, shall then cease and determine, so far as relates to such parish, new parish, township, or district as aforesaid ; and until a burial ground shall be so provided as aforesaid and consecrated for any new parish* or district created or to be created pursuant to the provisions of tlie sixth and seventh Victoria, Chapter thirty -seven, the seventh and eighth Victoria, Chapter ninety-four, and the nineteenth and twentieth Victoria, Chapter one hundred pnd four, or any or either of them, and to which the said Acts or any or cither of them may apply, the incumbent of such new parish or district (if any burial ground has been or shall be provided under tlie herein recited Acts for the burial of the dead, or any or either of thera, for any parish or parishes out of rates to which such new parish or district, or any part thereof, shall have contributed or contribute or be liable), shall, with respect to the burial in such last-mentioned burial ground of the remains of the parishioners or inhabitants of such new parish or district, or of such part thereof as shall have contributed or contribute as aforesaid, as the case may be, pe.-form the same duties, and have the same rights, privi- leges, and authorities, and be entitled to the same fees, and also the clerk and sextonf of Buch new parish or district shall, when • A new church was built and pait of the old parish assigned as its district. The new district had no burial ground in it. Afterwards a burial ground for the whole parish was provided, to cost of which the new district contributed. Held tliat the district was a new parish, and that its incumbent was entitled to the burial fees in respect of inhabit- ants buried within the parish, after tlie first avoidance of the rect-ory of the original parish. Cronshaw v. Wigau Burial Board, L. R. 8 Q. B. 217; 42 L. J. Q. B. 137 ; 28 L. T. 283; see also Roberts v. Aulton, 2 H. and N. 432; 26 L. J. Ex. 380. Another case raising a question as to who was entitled to fees, and illustrating the meaning of "new parish" in the above Section 5, is Harris v. Lambeth Burial Board, 47 J. P. 501. t As to sexton's fees see Ormerod v. Blackburn Burial Board, noted aiife under Section 32, Burial Act, 1852. Where a parish has been divided into separate parishes for ecclesias- tical purposes under 58 Geo. Ill, c. 45, and the vestry of the old parish collectively has appointed a burial board and established one burial ground for the whole parish, the vestry of one of the new parishes may also appoint a burial board under 20 and 21 Vict., c. 81, s. 5. Re?, v. Walcot, St. Swithin, 2 B. and S. 571 ; 31 L. J. M. C. 221 ; 10 W. R. 602. Burial of the dead is an "ecclesiastical purpose." Where a district which has a burial ground becomes by operation of Section 14 of 19 and 20 Vict., c. 104, a separate and distinct parish for ecclesiastical pur- poses, the inhabitants of such new parish cease to have any riglit of burial in the burial ground of the old parish. Hughes r. Llovd, 22 Q. B. D. 157 ; 58 L. J. Q. B. 122 ; 60 L. T. 675 ; 37 W. R. 381 ; 63 J. P. 310. But where a parish is divided for civil purposes only (e.ij. by the Local Government Act, 1894, Section 1, or the Divided Parishes Acts) and not for ecclesiastical purposes, it would seem that the inhabitants of the new parish still have a right to use the burial ground of the
° be as one. BURIAL ACT, 1859. 22 VICT., c. 1. An Act more effectually to prevent Danger to the Public Health from Places of Bnrial. [25/A March, 1859.] (Preamble repealed by Statute Law Revision Act, 1892.) 1. Where it appears to one of Her Majesty's principal Secretaries Wliere of State, on the representation of any person authorised by him to persons inspect any vaults or place of burial in relation to which an order having tlie f, .,', , 1111 1 • 1 1.1 . 1 . , '^•"■e oi i» m Council has been or shall liave been issued inider th§ said recited place of enactment, that any acts which by such order in Council are burial ordered to be done by or under the direction of iiersons other than "•^s'^f* '^ , , , 1.1 e 1 1 1 ,. 1 . , coniplv Wltll churchwardens having the care ot such vaults or place ot burial order in are not done or performed within a reasonable time, and according Council, the to the intent of such order in Council, it shall be lawful for such c|j"'''^''- Secretary of State, by writing under his hand, to authorise and act j,, their ' dii'ect the churchwardens of the parish in which such vaults or stead. place of burial maybe situate forthwith to do or comj)lete the acts in such order in Council mentioned, or such of them as remain undone, and such order of the Secretary of State sluiU be obeyed by such churchwardens, and they and all persons acting under their direction shall have the same power of entering and doing all such acts upon the premises to which the order in Council relates as if the said acts had by the order in Council been directed to be done by such churchwardens, and such vaults or place of burial had been under their care; and any person who shall obstruct such churchwardens or any others acting under their direction in rela- tion to the premises, or remove or interfere with the works done by such churchwardens, shall be guilty of a misdemeanor. 2. This Act shall be read together with the said Act of the Tliis and twentieth and twenty-first vears of Her Majesty, and the Burial J",'!*^'^ ^'^^ . , ,, . i.- J ■ . i J .' to be as ODe. Acts therein mentioned, as one Act. 346 23 & 24 VICT., c. 64. Expenses of local board con- stituted a burial board may lie paid outlof general district rate, •or by a sepa- rate rate. Expenses of improve- ment com- missioners, when acting as a burial board, may be paid out of improve- ment rate, or by a sepa- rate rate. Separate accounts to be kept. BURIAL ACT, 1860. 23 & 24 VICT., c. 64. An Act to make further Provision for the Expenses of Local Boards of Health and Improvement Commissioners acting as Burial Boards. I6th August, I860.] (Preamble repealed hy hitatute Law Sevision Act, 1892.) 1. Any money required by any local board constituted a burial board for defraying the expense of carrying into execution the powers and provisions of the Hurial Acts and of this Act in the district for which they may have been so constituted a burial board, or for paying any moneys borrowed or annuities granted under the authority of the said Acts, or any interest on moneys borrowed, or for providing a sinking fund for the repayment of such moneys, may, if the local board so think tit, be j)aid out of the general district rates leviable within such district ; and such local board may levy as part of the general district rate, or by a separate rate, under the name and designation of a burial rate to be assessed and recovered in like manner as a general district rate within the district for which they act as a burial board, such sums of money as shall be from time to time necessary for the purposes aforesaid, or anj' of them. 2. Any money required by any such commissioners as afoi'esaid who shall have been constituted a burial board for defraying the expense of carrying into execution the powers and provisions of the Burial Acts in the district for which they may have been so con- stituted a burial board, or for paying any moneys borrowed, or annuities granted under the authority of the said Acts, or any in- terest on moneys borrowed, or for providing a sinking fund for the repayment of such moneys, may, if the commissioners so tliiuk fit, be jjaid out of the improvement rate leviable within such district, and the commissioners as such burial board may levy as part of the improvement rate, or by a separate rate under the name and designation of a burial rate to be assessed and recovered in like manner as an improvement rate, sucli sums of money as shall be from time to time necessary for the purposes aforesaid, or any of them. 3. The Local Board and the commissioners respectively who may have been constituted a burial board shall keep distinct accounts of their rcceii)ts and expenditure in the exercise of their functions as such burial l)oard ; and where tlieir expenses are defrayed by moneys raised under the provisions of this Act, such accounts shall be audited in the same manner as other accounts of the receipts and expenditure of such local board and commissioners respectively, and any surplus of the moneys raised by any rate made under this Act, and of the income of any burial ground pro- vided by means of moneys raised or paid under the provisions of this Act, which may remain after payment of the expenses and moneys which should be defrayed or ])aid under the Burial Acts, shall be apj)lied in aid of tlie general district rate or improvement rate, as the case may be, levied within the district, which shall have been or might have been charged with a separate rate under this Act. BURIAL ACT, 1871. 347 4. Where any parish or jjlace lias been divided into two or more As to parts or districts for all or any ecclesiastical pnrposes, and any one q'/ ^u"!™*"* of such parts has a sejjarate burial ground, it shall not he lawful hourds with- for the vestry or meeting in the nature of a vestry for such entire out consent parish or place to appoint a burial board without the approval of o[|tate'^'^' one of Her Majesty's jirincipal Secretaries of State. BURIAL ACT, 1802. 2.') ,V- 2G VICT., c 100. An Act to authorise Improvement Commissioners acting as Burial Boards to mortgage certain Rates for the Purposes of the Burial Acts. ilth August, 18G2.] {Preamble repealed hy Statute Law Revision Act, 1893.) 1. Any commissioners elected by the ratepayers, and acting under Commis- or by virtue of the powers of any local Act of I^irlianuMit for the p^l'^gg"; JP"' improvement of any town, i)arisli, or borough who shall have been Treasury, constituted a burial board for any district, may, with the approval may mort- of the commissioners of Her Majesty's Treasury, from time to time provc'ment borrow at interest on mortgage of the improvement rate andlnirial rate ;ind rate, or either of them, leviable within the district, such sums of I'urial rate, money as may be required by the burial board for the purposes of *^'' s''"^'"- the Burial Act within tlie district. 2. The clauses and jirovisions of "The Commissioners Clauses Certain pro- Act, 1847," with respect to the mortgages to be executed by the jq lj?"i vict commissioners, shall be incorporated with this Act, and shall be (.. 16, to applicable to all mortgages created under the provisions thereof. «ppl> to tliis Act. BURIAL ACT, 1871. 34 & 35 VICT., c. 33. An Act to explain and amend the Burial Acts. [29^/i June, 1871.] A.D. 1871. (Preamble repealed by Statute Law Revision [2] Act, 1803.) 1. Where the approval of one of Her Majesty's principal Secre- Approval of taries of State to the appointment of a burial board by a vestry or §t"f ,'o^^ meeting in the nature of a vestry is reiiuircd under the Hurial Acts appointment such vestry or meeting in the nature of a vestry shall not * of burial appoint such board until a resolution of such vestry or meeting '^O'"'"- declaring the exjiediency of such appointment has been passed, and notice thereof sent to one of Her Majesty's principal Secretaries of State, and the same has been approved of by the Secretary of State, and approval of such resolution shall be deemed to be approval of the appointment of the board. The Secretary of State before giving such approval may require notice of such resolution, in such form and containing such par- ticulars as he may direct, to be published in such manner as he may think sufficient for giving notice thereof to all persons interested * 2. This Act shall be construed as one with. . . .t the Hurial *<"' <« \ * . 10-0 ^ lo-i construed Acts, 18o2 to 18/ 1. „itli Acts in ^. . " schedule. t * Words repealed bv Statute Law Revision Act, lt>h6. t Words repealed by Statute LaW Revision (No. 2) Act, 1893. 348 43 & 44 VICT., C. 41. BURIAL ACT, 1880. 43 & 44 VICT., c. 41. A.D. 1880. An Act to amend the Burial Laws. [7th September, 1880.] After passing of Act, notice may be giveu that burial will take place in churchyard or wraveyard witliout the rites of the Church of England. aupers. 1 * Any relative, friend, or legal representative liaving the clnirge of or being responsible for the burial of a deceased person may give forty-eight hours' notice in writing, indorsed on the outside " Notice of Burial," to, or leave or cause the same to be left at the usual place of abode of the rector, vicar, or other incumbent, or in his absence the officiating minister in charge of any parish or ecclesiastical district or place, or any person appointed by him to receive such notice, tluit it is intended that such deceased person shall be buried within the churchyard or graveyard of such parish or ecclesiastical district or place with- out the performance, in the manner prescribed by law, of the service for the burial of the dead according to the rites of the Church of England, and after receiving such notice no rector, vicar, incumbent, or officiating minister shall be liable to any censure or penalty, ecclesiastical or civil, for permitting any such burial as aforesaid. Such notice shall be in writing, plainly signed with the name and stating the addressf of the person giving it, and shall be in the form or to the etfect of Schedule (A) annexed to this Act. Tlie word " graveyard " in this Act shall include any burial ground or cemetery vested in any burial board, or ]n-ovided under any Act relating to the burial of the dead, in which the parishioners or inhabitants of any parish or ecclesiastical district have rights of burial ; and in the case of any such burial ground or cemetery, if a chaplain is appointed to perform the burial service of the Church of England therein, notice under this Act shall be addressed to such chaplain, but the same shall be given to or left at the office of the clerk of the Imrial board, if any, in whom any snch burial ground or cemetery nniy be vested: I'rovided also, that it shall be lawful for the proprietors or directors of any proprietary cemetery or burial ground to make such bye-laws or regulations as may be necessary for enabling any burial to take place therein in accord- ance with the provisions of this Act, any enactment to the contrary notwithstanding. 2. Snch notice, in the case of any poor person deceased, whom the guardians of any parish or union are required or authorised by law to bury, may be given to the rector, vicar, or other incumbent in manner aforesaid, and also to the master of any workhouse in which such poor persoa may have died, or otherwise to the said * Preamble and words in Section 1 repealed by Statute Law Eevision Act, 1894. t ^'otice of burial without Church service contained name of notifier but not his address : Held bad. Hoare v. Ram, 45 J. P. 729. NVjt the duty of burial board to give notice to incumbent of parish to perform funeral service at cemetery under burial board, or that his services are not required. He is entitled to his fees only when he has performed the service or received notice not to perforin it. Wood v. Headinglev Burial Board (1892), 1 Q. B. 713; 66 L. T. 90; 40 W. R. 390; 56 J. "P. 326. BURIAL ACT, 1880. 349 guardians, by the husband, wife, or next-of-kin of such poor Sec. 2. person, who, for tlie purposes of this Act, shall he deemed to he the person Imving the charge of the burial of such deceased poor person ; and in any such case it shall be the duty of the said guardians to permit the body of such deceased person to be buried in the manner provided by this Act. 3. Such notice shall state the day and hour when such burial is j^'"".*.'**^ proposed to take place, and in case the time so stated be incon- gj'^'j'gj^ venient on account of some other service having been, previously subject to to the receipt of such notice, appointed to take place in such variation, churchyard or graveyard, or the church or chapel connected there- with, or on account of any bye-laws or regulations lawfully in force in any graveyard limiting the times at which burials may takrf place in such graveyard, the person receiving the notice shall, unless some other day or time shall be mutually arranged within twenty-four hours from the time of giving or leaving such notice, signify in writing, to be delivered to or left at the address or usual place of abode of the person from whom such notice has been received, or at the house where the deceased person is lying, at which hour of the day named in the notice, or (in case of burial in a churchyard, if such day shall be a Sunday, Good Friday, or Christmas Day) of the day next following, such burial sliall take place ; and it shall be lawful for the burial to take place, and it shall take place, at the hour so appointed or mutually arranged, and in other respects in accordance with the notice : Provided that, unless it shall be otherwise mutually arranged, the time of such burial shall be between the hours of ten o'clock in the fore- noon and six o'clock in the afternoon if the burial be between the first day of April and the tirst day of October, and between the hours of ten o'clock in the forenoon and three o'clock in the after- noon if the burial be between the first day of October and the first day of April : Provided also, that no such burial shall take place in any churchyard on Sunday, or on Good Friday or Christmas Day, if any such day being proposed by the notice shall be ohjected to in writing for a reason assigned by the person receiving such notice. 4. When no such intimation of change of hour is sent to the liurial to person from whom the notice has been received, or left at the ^^^^ H'"'^';., r ■ , , -1 • , • .1 1 • I , 1, .^ , accorainglv. house where the deceased person is lying, the burial shall take place in accordance with and at the time specified in such notice. 5. All regulations as to the position and making of the grave Regulations which would be in force in such churchyard or graveyard in the «"" fees, case of persons interred therein with the service of the Church of England shall be in force as to burials under this Act ; and any person who, if the Inirial had taken place with the service of the Church of England, would have been entitled by law to receive any fee, shall be entitled, in case of a burial under this Act, to receive the like fee in respect thereof.* 6. At any burial under this Act all persons shall have free access Burial may to the churchyard or graveyard in which the same shall take place. ^^. "i"' c The burial may take place, at the option of the person so having religious the charge of or being responsible for the same as aforesaid, either service, without any religious service, or with such Christian and orderly religious service at the grave as such person shall think fit ; and any person or persons who shall be thereunto invited, or be autho- * Incumbent has no right to grant sepulture to strangers in burial board's cenieterv. Wood v. Headinglev Burial Board (1892), 1 Q. B. 713; 66 L. T. 90; 40 W. R. 390; .56 J. T. 326. 350 43 & 44 VKT., C. 41. Sec. 6. Burials to lie conducted in a decent and orderly manner and without obstruction. Powers for prevention of disorder. Act not to give right of burial where Fious existed. no nrevii right exi Burials under Act to be registered. Order of coroner or certificate of registrar to be delivered to relative, &C., instead of to person who buries. rised by the person having the charge of or being responsible for such burial, may conduct such service or take part in any religious act thereat. The words " Christian service" in this section shall include every religious service used by any church, denomination, or person professing to be Christian. 7. All burials under this Act, whether with or without a religious service, shall be conducted in a decent and ortlerly manner; and every person guilty of any riotous, violent, or indecent behaviour at any burial under this Act, or wilfully obstructing such burial or any such service as atbresaid thereat, or who shall, in any such churchyard or graveyard as aforesaid, deliver any address, not being part of or incidental to a religious service permitted by tliis Act, and not otherwise permitted by any lawful authority, or who shall, under colour of any religious service or otherwise, in any such churchyard or graveyard, wilfully endeavour to bring into contempt or obloquy the Christian religion or the belief or worship of any church or denomination of Christians, or the members or any minister of any such church or denomination, or any other person, shall be guilty of a misdemeanor. 8. All powers and authorities now existing by law for the preser- vation of order, and for the prevention and punishment of dis- orderly behaviour in any churchyard or graveyard, may be exercised in any case of burial under this Act in the same manner and by the same persons as if the same had been a burial according to the rites of the Church of England. 9. Nothing in this Act shall authorise the burial of any person in any place where such person would have had no right of inter- ment if this Act had not passed, or without performance of any express condition on which, by the terms of any trust deed, any right of interment in any burial ground vested in trustees under such trust deed, not being the churchyard or graveyard, or part of the churchyard or graveyard, of the parish or ecclesiastical district in which the same is situate, may have been granted. 10. When any burial has taken place under this Act the person so having the charge of or being responsible for such burial as afore- said shall, on the day thereof, or the next day thereafter, transmit a certificate of such burial, in the form or to the effect of Schedule (H) annexed to this Act, to the rector, vicar, incumbent, or other officiating minister in cluirge of the parish or district in which the churchyard or graveyard is situate or to which it belongs, or in the case of any burial ground or cemetery vested in any burial board to the person required by law to keep the register of burials in such burial ground or cemetery, who shall thereupon enter such burial in the register* of burials of such parish oi- district, or of such burial ground or cemetery, and such entry shall form part thereof. Such t;ntry, instead of stating liy whom the ceremony of burial was performed, shall state by whom the same has been certified under this Act. Any person who shall wilfully make any false statement in such certificate, and any rector, vicar, or minister, or other such person as aforesaid, receiving such certificate, who shall refuse or neglect duly to enter such burial in such register as afore- said, shall be guilty of a misdemeanor. 11. Every order of a coroner or certificate of a registrar given under the provisions of Section seventeen of the Births and Deaths * Clergy of the Church of England must register certificate of burial of persons buried in churchyards under this Act without the rites of the Church of England. Reg. t\ Hall, 45 J. P. 436. BURIAL ACT, 1880. 351 Regi^tratiou Act, 1874, shall, in the case of a burhvl under [that*] Sec. 11. Act, be delivered to the relative, friend, or lep^al representative of the deceased, liavinj; the charj^e of or bein ^*^- sheep, hog, goat, or other cattle for the bond fide purpose of selling, using, or curing the hide or hides thereof in the course of their respective trades, nor to any farrier employed to kill aged and distempered cattle, nor to any person or persons who shall kill any horse, mare, gelding, colt, filly, ass, mule, hull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle of their own or other cattle, or purchasing any dead horse or other cattle to feed their own hounds or dogs, or gi\ing away the flesh thereof for the like purpose. 15. And be it further enacted, tbat if any collar-maker, currier, Collar- felt-maker, tanner, or dealer in hides, or farrier or other person shall, makers, &c., under colour of their respective trades or occupations, knowingly or J^''''"^ souiul willingly kill any sound or usefid horse, gelding, mare, foal, or filly, UaWe^'io "^ " or boil or otherwise cure the flesh thereof for the purpose of selling penalty, the same, such collar-maker and other tradesman or person shall be deemed and taken to be an offender within the meaning of this Act, and shall for every such offence forfeit any sum not exceeding twenty pounds 16. {Repealed hy Statute Law Revision Act, 1892.) 17. (Repealed by Statute Law Revision Act, 1871.) 18. {Repealed by 56 and 57 Vict., c. 61.) THE KNACKERS ACT, 1844. 7 & 8 VICT., c. 87. An Act to amend the Law for Regulating Places kept for Slaughter- ing Horses.* [9;/i Auc/ust, 1841.] AVhereas by an Act passed in the twenty-sixth year of the reign of llis Majesty King George the Tlurd, and also by an Act passed in the sixth year of the reign of his late Majesty King William the * This Act was repealed as to London bv the Tubiic Health (Loudon) Act, 1891. 368 7 & 8 VICT., c. 87. Sec. 1. Fourth, provision was made for the regulation and inspection of houses and ])laces kept for the purpose of slaughtering horses ; And whereas it is expedierit to make further provision for the hetter and more effectual regulation and inspection of such houses and places : Be it therefore enacted hy the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority Kew licences of the same, that every licence which shall after the passing of this to je aniuia . ^^j. j^^ granted under or by virtue of the said Act of the twenty-sixth year of King George the Third, authorising any person to keei) or use any house or place for the purpose of siauglitering or killing any horse or other cattle (not killed for butcher's meat), shall be granted, and shall continue in force for a period not exceeding one year from the date at which the same was granted, determinable as hereinafter provided : Provided nevertheless, that in the case of tlie renewal of any such licence to any person to whom any such licence may have been previously granted as aforesaid it shall not be necessary for such person to obtain or produce to the justices at such general quarter sessions of the peace a certificate under the hands and seals of the minister, churchwardens, overseers, or householders, as required by the said last-mentioned Act.* 2. And he it enacted, that it shall be lawful for the justices* assembled at any general quarter sessions of the peace to be holden for any county, upon application and complaint made to them in writing by any person, and upon due proof being made to them that the party so complaining had given fourteen days' previous notice in writing thereof to the clerk of the peace for such county, and also to the party complained against, and upon due proof to their satisfaction that any person so licensed as aforesaid has been guilty of any breach or violation of the said two sevenil hereinbefore recited Acts or either of them, or of this Act, or any part or parts thereof respectively, to cancel and wholly ])ut an end to any and every licence which may have been granted to the person or persons so complained against, and from thenceforth the same shall be of no force or effect. Justices, in quarter sessions may cancel licences. Persons wantonly or cruelly ill- treating any horse to be liable to penalty. 3. And be it enacted, that if any such licensed or other person shall wantonly or cruelly iieat, ill-treat, abuse, wound, or torture any horse or other cattle in any house, ))ouiid, stable, or other place in the occupation or use of such licensed person, every such person shall for every such offence, on conviction thereof, forfeit and pay a sum of money not exceeding five pounds. Power for constables to enter licensed places. 4. And he it enacted, that it shall be lawful for any constable from time to time, and as often as he shall think fit, at all reasonable times in the daytime, by authority of this Act, cither alone or accompanied by any inspector ai)pointed or to be appointed under the first-recited Act, to enter upon and view and inspect all and every the houses, stables, sheds, yards, grounds, and i)remises for the keeping of which any such licence sliall have been granted as aforesaid, and also to inspect or take an account of all or any of the horses or other cattle which shall from time to time be found upon such premises or any part thereof. * By the Local Government Act, 1894, Section 27, the powers of the justices in relation to the licensing of knackers' yards within a county district is transferred to the district council of the district. THE knackp:rs act, 1844. .'JGD 5. And he it enacted, that in case any person to whom any such Penalty for licence shall he granted as aforesaid, or any other person, shall at |',',s^*)ecto''" any time or in any manner obstruct, hinder, molest, or assault any such inspector whilst in the discharge of his duty, or the exercise of liis power or authority under or hy virtue of the said first-recited Act or of this Act, every such offender shall, for every such offence, on conviction thereof, forfeit and ])ay such a sum of money not exceeding ten pounds, as any two or more justices before whom such offender shall be brought shall deem fit. 6. And he it enacted, that in case any such inspector shall at Penalty fi^r any time be guilty of any neglect or violation of the duty required i'lsp^ctor of him hy law, then and in every such case such inspector shall, !'f?'|fu!"'~ upon conviction, forfeit and pay for every such offence a sum of money not exceeding ten pounds. 7. And be it enacted, that all offences against this Act, or any Offences of the provisions thereof, shall and may be heard and determined '"''y ''^ lieard before and by any two or morejusticesof the peace for the county within justices which the oft'ence shall have been committed ; and all penalties and ,, forfeitures incurred thereby respectively shall and may be recoverable, iioJi^to % with costs, before and awarded hy any such justices, and shall be recovered applied as follows; namely, such part as the justices shall think fit ""'1 "PPhed- to the person who shall inform and prosecute for the same, and the remainders thereof to the sheriff' or other proper officer of the county in which such conviction shall take place, for Her Majesty's use, and shall be returned to the court of quarter sessions, under the provisions of an Act passed in the third year of His late Majesty 3 g. l c. 46. King George the Fourth, intituled An Act for the more speedy return and levying of fines, penalties and forfeitures, and recogni- zances estreated; and in case of non-payment of any such jjenalty or ^Vords re- forfeiture respectivelv it shall and mav be lawful for such justices c';,'!.,'!^.,!.^. forthwith to commit the offender to the common gaol Jurisdiction Act, 1884. 8. And be it enacted, that the i)rosecution of every offence pun- I'inn'i'tionas ishalile under this Act shall be commenced within three calendar months ni oceedin"3. next after the commission of the offence, and not otherwise. . . . Words re-" pealed by 9. And be it enacted, that any person who shall think himself Rc"vision\ct aggrieved by any summary order or conviction made by any justice (N'o. 2), 1874. or justices of the peace under the authority of this Act may appeal to -^Ppe"' '« the justices of the peace at the next general or quarter sessions of the B.'slions. peace; .... and it shall be lawful for the justice or justices of the Wurds re- peace by whom such order or convicticm shall have been made to bind P''"''^'! '•>' over the witnesses who shall have been examined in sufficient recog- j|J"i's"df«jon nizances to attend and be examined at the hearing of such appeal, and Act, 1S84. that every such witness, on pruducing a certificate of his being so bound under the band of the justice or justices, shall be allowed com- pensation for bis time, trouble, and expenses in attending the appeal, which compensation shall be paid in the first instance by the treasurer of the county, in like manner as in cases of misdemeanor, under the provisions of an Act passed in the seventh year of the reign of King George the Fourth intituled, "An Act for improving the .Vdministra- 7 G. 4, c. C4. tion of Criminal Justice in England;" and in case the apjieal shall be dismissed, and the order or conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the court, shall he repaid to the treasurer of the county by appellant. 24 370 McHiiiug of certain words used in this Act. 3 & 4 WILL. IV, c. 90. 10. And be it enacted, that the words hereinafter mentioned, which in their usual signification have a more restricted or different mean- ing, shall in this Act (except where the nature of the provisions or the context of the Act shall exclude such construction) be interpreted as follows (that is to say) : the word " county " shall include city, town, borough, cinque port, riding, liberty, or division ; the word "horse "shall include mare, gelding, mule, pony, colt, or filly ; the word "cattle" shall include bull, ox, cow, steer, heifer, calf, ass, sheep, lamb, goat, pig, or any other domestic animal ; the word " constable " shall include headborougb, peace officer, or police officer; and every word importing the singular number only shall extend and be applied to several persons and things as well as to one person or thing; and every word importing the masculine gender only shall extend to a female as well as a male. Lands Clauses Acts : see Local Governmcnb Board Order of 21st May, 1895, in the Appendix. Act appli- cable to all parishes. Words repealed by Stat. Law Revision (No. 2) Act, 1888. On applica- tion of three rated iii- liabitalits, church- wardens to convene a meetintr in vestry to determine whether the provisions of this Act shall be adopted. LIGHTING AND WATCHING ACT, 183:3. 3 & 4 WILL. IV, c. 90. An Act to repeal an Act of the Eleventh Year of His late Majesty King George the Fourth, for the Lighting and Watching of Parishes in England and "Wales, and to make other Provisions in lieu thereof. [2Stli August, 1833.] Where this Act was adopted in any district which after the passing of the Public Health Act, 1875, became, or formed part of, an urban district, this Act was " superseded" by the Public Health Act, 1875 {see Public Health Act, 1875, Section 163, page 364). Sections 1 to 3 repealed by 37 and 38 Vict., c. 35. 4. And whereas it is desirable to make provision for the lighting and watching of the several parishes in England and Wales : Be it enacted, that this Act, and the several provisions thereof, shall apply to and may be adopted, under and subject to the regulations herein •contained,' by all or any or either of the parishes in England and Wales. 5. . . From and after the passing of this Act, upon the application in writing of three or more of the ratepayers of any parish,* it shall be lawful for the churchwardens thereof, and they are hereby required, within ten days after the receipt of such application as aforesaid, to appoint and notify a time and place for a public meeting of the ratepayersf of the said i)arish, for the purpose of determining whether the provisions in this Act contained shall lie adopted and carried into execution in the said parish : Provided always, that the time ap- pointed for holding the said meeting shall not be less than ten days and not more than twenty-one days from the time of the said appli- cation so being delivered to them as aforesaid, and that notification of * Adopted by a district chapelry; nullity, Keg. v. Kingswinford, 3 E. and B. 689 ; 23 L. J. M. C. 74. Adopting for part of a parish, Potton V. Brown, 10 I-. T. 525; Wilkinson v. Gray, 9 J. P. 71 ; see also Section 73. . , . t Under Local Government Act, 1894, Section 7, the parish meeting will in future decide whether the provisions of this Act shall be adopted in rural parishes. LIGHTING AND WATCHING ACT, 1833. ;)71 the time and place of meeting shall he made by forthwith affixing a Sec. 5. notice on the i)riiicipal outer door of every parish church or chapel situate within siicii parisli, or on tlie usual place of affixing notices relating to the ])arocliial affairs of any such parisli, anil also by i)ub- licatiou of the same in the parish church or chapel on the Sunday previous to the day a|ipointed for holding such meeting, during or immediately after divine service.* 6 t Such person as may be elected hy the ratepayers present ciiairniaii to shall preside as chairmauj at such meetings; and if any controversy t>e elected, shall arise at any such meeting as to the qualification or right, of j '° ^''''" voting or eligibility of any person claiming to vole, or as to the ;,|,y contro- qiialification or eligibility of any candidate, such controversy shall be versies. determined by the chairman presiding at such meeting. 7. . . .f The chairman who shall preside at any meeting assembled Chairman to as herein directed shall read or cause to be read the reiiuisition wliere- '"p^'l requi- upon the meeting shall have been summoned, and shall require the renuirc'" persons asseml)led thereat to determine, by majority of votes, as persons to herein mentioned, whether the provisions of this Act, as herein set iletermine forth, shall or shall not be adopted and acted upon within such si,'.',^''l'" '^'^^ paiish : Provided nevertheless, that it shall be lawful for the majority adopted. of the ratepayers present§ to adjourn such meeting from time to time 8. . . .f If at any such meeting it shall be determined by a majority Tf J. consisting of two thirds of the votes of the ratepayers present at such determine" to meeting that the provisions of this .-Vet shall be adopted, then and proceed, the in such case such provisions shall from thenceforth take etfecc and ['|™^f'?°l*'fi come into oi)eration in such parish ; and it shall forthwith be deter- thenceforth mined that a certain number, not being more than twelve nor less take effect. than three inspectors shall be elected to carry such purposes into effect; and the number of inspectors so determined upon shall be elected in manner herein mentioned. 9 t The ratepayersof such ])arishshall at theirfirstmeeting,or inhabitants at some adjournment thereof, and so on from time to time in every ^^^^^ amount succeeding year at a meeting to be called for that purpose in manner jj' '"9'";y *° herein directed, fix and determine the total amount of moriey wliieh the inspectors shall have i)ower to call for in any one year, in order to carry into effect the provisions of this Act, such sum to be raised in the manner herein directed, upon the full and fair annual value of all property rateai)le for the relief of the poor within such parish, such full and fair annual value to be computed according to the last valuation for the time being acted upon in assessing the Poor's Rate for the * Upon llie hearing of a summous for non-payment of u rate made under this Act it is not necessary to prove that the formalities for adopting the Act have been com])lied with (Reu:. v. Reynolds [1S93J, 2 Q. IS. 7o, 62 L. J. M. C. 120). In Roberts r. ^Clowne Overseers (13 T. L. R. 18) Grantham J. stated that the report of Keg. v. Reynolds in the ' Law Journal ' seemed to him more accurate than that in' the Law Reports. In the former case it was held by the High Court th;it there is no appeal from an order for a distress warrant for uon-i)aynu'nt of a rate under the Lighting and Watching .\ct upon any ground on which the rate itself might have been appealed against, thus reversing a deci- sion of Quarter Sessions that the distress warrant was bad, inasmuch as failure to comply with certain conditions precedent in regard to the adoption of the Act had made the adoption invalid. t Repealed by Statute Law Revision (No. 2) Act, I8SS. X Chairman need not be a ratepayer. Reg. v. Middlesex J. J., 22 L.J. M. C. 106; 21L. T. 131. { Majoritv of those present, not of those voting. Jn re Ej-iisham, 18 L. J. Q. JB. 210. 372 3 & 4 WILL. IV, C. 90. Sec. 9. Poll may be Ueniaiuled as to adoption of Act. Notice of poll to be given by church- wardens. Form of notice. Form of declaration. said pansh : Piovided nevertheless, that any five rated inhabitants, qualified to vote as herein mentioned, may, at such meeting or adjournment thereof, in writing given to the chairman of the said meeting, demand a poll * to he taiien of the ratepayers quahfied to vote upon the question as to whether this Act and the provisions thereof, or any part thereof, shall he adopted in such parisli,and also as to the amount of money f to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, and which said demand of a poll the said chairman is required forthwith to deliver to the churchwardens of the said parish. J 10. . . .§ The said churchwardensof the saidparishshall,onthefirst Sunday next after the receipt of such demand of a poll, affix or cause to be affixed a notice on the principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to parochial afl'airsofany sticii parish, specifying some day, not earlier than ten days and not later than tv>:enty-one days after such Sunday, and at what place or places within the said parish the ratepayers are required to signify their votes for or against the adoption of this Act, or such part thereof as may have been agreed upon at the said meeting, as well as with respect to the annual amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, which votes shall be received on two successive days, commencing at eight of the clock in the forenoon aiid ending at four of the clock in the afternoon of each day; and the said notice shall be to the following effect : " The churchwardensof this parish [^insert the name of the parishl having received a demand for a poll, duly signed according to the provisions of an Act of the fourth year of the reign of King William the Fourth, intituled ' An Act, &c. {settwj out the title of the Act"],. the ratepayers of this parish of [insert the name of the parish'] are hereby required, all and each of them, on the day of next, and the following day, to signify to the said churchwardens, by a declaration, either printed or written, or partly jjrinted or partly written, addressed and delivered to one of theciiurchwardens at [^insert here thej)lace\ their votes for or against the adoption of the aforesaid Act, or so much tiiereof as relates to watching or lighting \as the case maij Je], the amount of the money to be raised in the succeeding year for the purjjoses thereof being [here insert the sum agreed upon at the meetiny], and the number of inspectors to be elected [insert the number also agreed on], such sum and such number of inspectors being fixed and deter- mined upon at a meeting of the ratepayers called pursuant to the said Act. (Signed) Churchwardens." 11. . . .§ The said declaration shall be to the following effect : I, A. B., of Street [or place or house] in this parish of vote [for or against, as the case * A bare majority was held sufficient in Beechey v. Quentery, 11 L.J. Ex. 420; 10 M. and W. Ho. Polls will in future be taken under the Local Government Act, 1894 {see Section 48 [8]). t As to the amount see Beechey v. Quentery, 11 L. J. Ex. 420. t Town council cannot abandon the Act after adopting it. Quick r. St. Ives, 2 L. T. n.s. 214 ; 8 W. K. 414. But see Section 15. § See note to Section 8. LIGHTING AND WATCHING ACT, 1833. 373 may be] the adoption of the Act of the fourth year of the reign of . Sec. 11. Mis Majesty King William the Fourth, intituled 'An Act, &c. [^set out title of the Act], or so much thereof as relates to watching or lighting as in the notice], the amount of the money to he raised ill the succeeding year for tlie ))ur])()S(;s thereof heing [as in notice], and the nuinher of insjjectors to he elected [as in notice]." 12. . . .* The said churchwardens shall carefully examine the votes '^'•'i''^''- to tliem delivered as aforesaul, and shall compare them with the g^.^„,j^g j|,g last rate made for the relief of the poor of the said parish, and shall votps, ;iiid he empowered to call hefore them and examine any i)arish oflFicer declare 1 • .1 • 1 i. 1 • • ' 1 • i. A wlietlier two touching tlie said votes, or any ratepayer so giving his vote, a"d ji,jjjj ^f after a full and fair summing up of the said votes shall, hy puhlic them are in notice according totiieform and manner hereafter prescribed, declare fav"'"" "f whether or not two thirds of the votes givenf have heen given in favour '\^g°'"^"'° "^ of the adoption of the said Act (or so much thereof as relates to watching or lighting, as in the nonce), and also as to the sum of money to he raised in the succeeding year, and the niimher of inspectors to he elected to i)e (as in the notice) : Provided always, that the whole number of persons voting shall he a clear majorityf of the ratepayers of the i)arish : Provided also, that in case of a jioU i)eing demanded as aforesaid the adoption or non-adoption of this Act, with the sum to be raised, and the number of inspectors to he elected as aforesaid, shall be decided by such number of votes as aforesaid : Provided also, that the expenses incurred by the cliiircb wardens in calling such meeting, giving the notices as aforesaid, and in taking such poll, shall be ))aid out of the rate collected for the relief of the poor in the said parish. 13. Provided always that any of the ratepayers of the aforesaid Ratepayers parish, not exceeding live together, may inspect, at or in the vestry ^Ji^L'"^'"^*^ room or in some convenient place within the same parish, and they are hereby empowered to inspect, the votes so given for and against the adoption of this Act, with the sum to be raised, and number of inspectors to be elected as aforesaid, at all seasonable times within one month after such notice shall have been given; and the church- wardens of the said parish are hereby required carefully to preserve the said votes, and freely to permit and allow the examination thereof by the aforesaid ratepayers of the said parish at all seasonable times within the period aforesaid. 14. . . .* No person shall he deemed a ratepayer, or be entitled to Xo person to vote or do any other act, matter, or thing as such, under the vnte unless provisions of this Act, unless he or she shall have been rated to the j.^^jj ^yg relief of the poor for the whole year immediately preceding his so year, voting or otherwise acting as such ratepayer, anitinue to act and remain in office, anything herein contained to the contrary not- withstanding. 20. . . .* Thechairman appointed to preside at such annual meeting shall proceed in sucli manner as the chairman at the first meeting to be held under this Act is hereinbefore directed to proceed at the election of tlie inspectors to lie first appointed for the execution of this Act, and shall decide on questions which may arise as to the eligibility or qualification of any person whatsoever, and as to all matters whatsoever connected with tiie said election, and shall declare the result of the same as aforesaid. 21. . . .* Incase any inspector shall die. or become disqualified by change of residence or otlierwise, or shall neglect to act, and in case of any casual vacancy happening in any manner whatever, so that the number of inspectors shall be reduced to less than three, notice shall be immediately given by the acting inspectors to the church- wardens of the parish, who shall forthwith, in the manner directed by this Act, call a meeting of the rated inhabitants as aforesaid for the purpose of filling up such vacancy or vacancies. 22. . . .* The inspectors for executing this Act in any parish shall meet on tlie first Monday in every month, at noon, at some convenient place or office previously publicly notified ; and at such monthly meeting it shall be lawful for any inhabitant rated to the relief of the poor of any such [larish to appear there, and prefer any matter of complaint which he may think proper to make concerning any matter or tiling done by force or in pursuance of or under pretence of the provisions of this Act. 23. . . .* Such inspectors shall meet at all other times and so often as at any jirevious meeting shall be determined upon ; and it shall l)e at all times competent for any one inspector, when three inspectors only shall have been appointed, and in all other cases for any two in- spectors, by writing under his or their hands, to sunmion, upon at least forty-eight hours' notice, the inspectors for any special purpose therein named, and for such time as shall be therein named ; and that at all meetings of such inspectors any number not less than one third of the whole number when more than three inspectors shall have been ajjpointed, and when only three inspectors shall have been appointed then not less than two inspectors, shall constitute a quorum for transacting business. Inspectors tc 24. . . .* It shall be lawful for the said inspectors elected in any appoint parish under this Act for the time being,and theyare herebyauthorised "i"'^*^" ^"^ required, to appoint, during pleasure, such treasurer and other 8uVe"iind'^ ' officers as they shall think necessary for effecting the purposes of this rent an office Act, and to remove and displace the same, and to hire and rent a for tlie trans- sufficient office or house or room for holding their meetings and ihfir bu3i- transacting their business, and also to ajipoint suitable salaries, uess. wages, and allowances to and for such treasurer and other officers, and also to agree for a reasonable rent for such office or house or room, and to pay such salaries, wages, and allowances, and such rent, out of the moneys received by the inspectors under the authority of Cliairman (o decide ques- tions as to elij;ibility, &c. ITow vacan- cies in the number of inspectors sliall be filled up. Inspectors to meet monthly. Special meetinss of inspectors. Quorum, * See notes to Sections 5, 8, and 17. LIGHTINCl AND WATCHING ACT, 1833. this Act : Provided nevertheless that no person shall at the same Sec. 24. time hold two offices or situations iiniier the said inspectors. 25 * It shall be ia^^flll fortliesaid inspectors, or any two ormore Security to of them, and tlicv are iiereliv reciuircMl, to take security from the 1'^''''"=" 1 ■ ■ 11 •' ,- 1 ■ . ,- 1 . ■ • from treasurer to be appointed ijy virtue of tins Act for tlie due execution treasurer. of his office of treasurer, according: to the true intent and meaning of this Act, which security shall be to the full amount of the sum likely to he in the hands of the said treasurer at any one time ; and in case any sucii treasurer shall neglect or refuse for the space of three weeks next after his appointment to give or ollVr such security to the satis- faction of the said inspectors, then the appointment of every such person so neglecting or refusing shall be null and void to ail intents and purposes, and the said inspectors shall within three weeks then next assemble and aiipoint some otlier fit and proper person to the office of treasurer, instead of the person so refusing or neglecting as aforesaid, and shall so assemble and appoint from lime to time until security shall be given to their satisfaction as aforesaid. 26. . . .f Every such treasurer aiidother officer appointed by virtue Treasurer of this Act shall under his respective hand, and at such time or times and otiieers and in such manner as the said inspectors shall direct, deliver to the ° s'^coun . said inspectors, or such person as they shall appoint, true and perfect accounts in writing of all matters and things committed to his charge by virtue of this Act, and also of all moneys which shall have been by such officer received by virtue of or lor the purposes of this Act, and of how much thereof siiall have been exi)ended and disbursed, and for what purposes, together with projier vouchers for such payments ; and tiiat every such officer shall pay all such moneys as shall reiTiain due from him to the treasurer for the time being, or to such person or persons as the said inspector shall appoint to receive the same ; and if any such treasurer, officer, or other person shall Proceedings refuse or neglect to make and render such account, or to produce !»2;>»>st and deliver up the voucliers relating to the same, or to make pay- „ig(.,i„„ (q nients as aforesaiil, or shall refuse or wilfully neglect to deliver to accounr. the said inspectors or to such person or persons as they shall appoint to receive the same, within three days after being there- unto required by the said inspectors by notice in writing under the liands and seals of any two or more of the said insfjectors given to or left at the last or usual place of abode of such officer, all books, papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said inspectors or such other person or persons as aforesaid respecting the same, then and ir. every such case, upon complaint made by the said inspectors, or by such person or persons as they the said insjiectors shall appoint for that purpose, of any such refusal or wilful neglect as aforesaid, to any justice of the peace, such justice may and he is hereby authorised and required to issue a summons under bis hand and seal for the officer so refusing or neglecting to appear before t"o ju>tices of the peace ; and upon the said officer appeariu'.', or having been so summoned and not appearing without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices to hear and determine the matter in a summary way ; and if, upon confession of the partv, or by the testimony of any credible witness or witnesses upon oath (which oath such justices are hereby empowered to administer), it snail apiiear to such justices that any moneys remain due from * See notes to Sections 6, 8, and 17. + Sec notes to Section 8. 378 3 & 4 WILL. lY, c. 90. , Sec. 26. such officer, such justices may and they are hereby authurised and required, upon non-payment thereof, by warrant under their hands and seals, to cause such money to be levied by distress and sale of the goods and chattels of such officer ; and if no goods and chattels of such officer shall be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, or if it shall a])pear to such justices that such officer had refused or wilfully neglected to render and give such account, or to produce the vouchers relating thereto, or that any books, papers, or writings relating to the execution of this Act remained in the bands or in the custody or power of such officer, and he refused or wilfully neglected to deliver or give satis- faction respecting the same as aforesaid, tjien and in every such case such justices shall and they are hereby lequired to commit such offender to the common gaol or House of Correction for the county, city, or place where such offender shall be or reside, there to remain, without bail or mainprise, until he shall have given a true and perfect account as aforesaid, or until he shall have paid such moneys as aforesaid, or compounded with the said inspectors for such money, and shall have paid such composition in such manner as they shall appoint (which composition the said in- spectors are hereby empowered to make and receive), and until he shall have delivered up such books, papers, and writings, or given satisfaction in respect thereof, to the said inspectors or to such other person or persons as aforesaid ; but no such offender shall be kept or detained in such common gaol or House of Cor- rection for want of sufficient distress by virtue of this Act for any longer space or time than three calendar months. Comniitment 27 * No prosecution or commitment, under the provisions of not°to dis- thisAct, of any treasurerorotherofficeror person tobeappointedunder charge his the powers of this Act, shall acquit or discbarge any surety or security sureties. that shall or may have been taken by or given to the said inspectors for the due and faithful execution of his or their office, or the pay- ment of the moneys received or to be received by him or them respec- tively. Officers 28 * If any person who shall be employed as treasurer, or any taking any other officer or serva'.it who shall be in any wise employed by the fee or reward g^i^i inspectors for putting this Act or anv of the powers thereof into t)6Siu6S the I o .1 salary or fees execution, shall exact, take, or accept any fee or reward whatsoever appointed to Other than such salaries, allowances, and rewards as are appointed by forfeit £50. this Act, or shall be appointed, allowed, and approved of by the said inspectors, for or on account of anything done or to be done by virtue of this Act, or on any account whatsoever relative to putting this Act into execution, or shall in any wise be concerned or interested in any bargain or contract made or to be made by the said inspectors ; and no person, during the time he holds the office of inspector, shall accept or hold any office or place of trust created by virtue of this Act within the said parish, or sliall be concerned directly or indi- rectly in any contract with the said parish ; every such person so offending shall be incapable of ever serving or being employed under this Act, and shall over and above forfeit the surn of fifty pounds to any person or persons who shall sue for the same. 29. . . .* The said inspectors may sue and be sued in the name of nmv sue^Iaid ""^ *^"^ "^ ^'^"^ inspectors for the time being; and all actions or suits be sued in that may be necessary or expedient to be brought for the recovery of the name of __^_ ^hlm. * '^^^ notes to Sections 5, 8, and 17. LUillTINO AND WATCIIINO ACT, 1833. 379 any penalty or sum of money due or payable by virtue of this Act, or for Sec. 29. or in respect of any other matter or thing relating to this Act, may be brought in the name of any one of the said inspectors ; and that no action or suit which may he brought, commenced, or prosecuted by or iigainst the said inspectors, or any of theiu, by virtue or on account of this Act, shall abate or be discontinued by the death, resignation, or removal of such inspector, but such ins])ector shall he deemed plaintiii' or defi-ndant in any sucii action or suit (as the case may be) : Provided also, that in all cases in which tiie inspector as aforesaid shall, in pursuance of this Act, he the plaintiff' or defendant on the record in any action or actions, suit or suits, in which in etfect the said inspectors shall be suing or sued in the name of such one inspector as aforesaid, he (although appearing as the plaintiff or de- fendant on the record) may and shall nevertheless (if not otherwise interested or objectionable) be a good examinable and competent witness in every action or suit either for or against the said inspectors; and all ihe affidavits of debt or service which may be necessary or ex- pedient to he made preparatory to or in the prosecution or defence of any and every such action, suit, or proceeding shall and may be law- fully made by such one inspector, notwithstanding he shall he nominal plaintiff or defendant on the record as aforesaid : Provided also, that every or any such inspector in whose name any action or suit shall be commenced, prosecuted, or defended in pursuance of this Act shall always be reimbursed and i)aid out of the moneys to arise by virtue of this Act all such costs, charges, and expenses as he shall be put to or become chargeable with by reason of his being made ])laintiff or defendant therein; and ;n case of his re- moval from office, or ceasing to act as such inspector, all such costs, charges, and exi)enses shall be paid by the inspector for the time being ; and no inspector shall be personally answerable or liable for the payment of the same or any part of them, unless such action or suit shall arise in consequence of his own wilful neglect or de- fault, or have been brought or commenced or be defended without the order or direction of the said inspectors. 30. . . .* All acts, orders, and proceedings of the said inspectors at -Proceediu^ . any of their meetings shall be entered in a book to be kept by them of j„spectSr8 for that purpose, and shall be signed by two of the inspectors who to he entered were then present; and all such acts, orders, and proceedings shall »> ')0(iks, then be deemed and taken to be original acts, orders, and proceed- }jg'|,'jjjjjj '* ings ; and such books shall and may be produced and read as evidence evidence. of all such acts, orders, and proceedings upon any appeal or trial or information, or any proceedings, civil or criminal, and in any court or courts of law or equity whatsoever. 31. . . .* The said ins])ectors shall and they are hereby required Accounts to from time to time to order and direct a book or books to be provided and "^ ''''''■ kept, in which book or books shall be entered true ami regular ac- counts of all sums of money received, paid, and expended for or on account of the purposes of this Act, and of the several articles, matters, and things for which such sums of money shall have been disbursed and paid ; and such book or books shall at all reason- able times be open to the inspection of the said inspectors and of every inhabitant rated to the relief of the poor of the i)arish adopting the provisions of tins Act, without fee or reward; and the said inspec- tors and other persons aforesaid, or any of them, shall or may take copies of or extracts from the said book or books, or any part thereof. * iSee notes to Sectious 5, 8, and 17. 380 3 & 4 WILL. IV, c. 90. Sec. 31. without paying for the same; and in ease the said inspectors shall re- fuse to permit or shall not permit the said persons aforesaid to inspect the same, or take copies or extracts as aforesaid, such inspector shall forfeit and pay any sum of money not exceeding five pounds for each default, to be levied and applied in manner hereinafter provided. Inspectors to issue an order to overseers for payment of money for the purposes of this Act. Power to collect rates. Land and houses to be rated sepa- rately. 32. . . .* As soon as the inspectors have been elected as aforesaid, it shall be lawful for them, or any two or more of them, from time to time to issue an order under their hands to the overseers of the poor of any parish to which the provisions of this Act shall be extended, by which orderf they shall require the said overseers to levy the amount mentioned in the said order. 33. . . .* Theoverseersaforesaidshall, for the purpose of collecting, raising, and levying the rate necessary for the purposes of this Act, proceed in the same manner, and have the same powers, remedies, and privileges, as for levying money for the relief of the poor in the said parish : Provided always, that such ownersj and occupiers of houses, buildings, and property § (other than land) rateable to the relief of the poor in any such parish shall be rated at and pay a rate in the pound three times greater]] than that at which the owners and occupiers of land shall he rated at and i)ay for the purposes of this Act : Provided also that the total amount of the sum to be collected, raised, and levied for the purposes of this Act within any one year shall not exceed such sum as shall have been agreed on' by the inhabitants of the said parish as aforesaid, and that the said sum shall be assessed upon the full and fair annual value to which lands, houses, buildings, and other property within the said parish shall be rated or shall be rateable according to the last valua- tion made and acted upon for the rate for the relief of the poor within the said parish. 34. . . .* Provided always that it shall be lawful for the overseers of the poor of any such parish, and they are hereby required, when- ever, according to the rate made for the relief of the poor, one and the same person shall be rated in one sum in respect of land, and also of houses, buildings, and other property, to cause such land, and also such houses, buildings, and other property, to he separately assessed, and the sum hereby authorised to be levied shall be assessed accordingly: Provided always, that every courtyard, yard, or garden (such garden not being a market garden or nursery ground) shall be included in and make part of the assessment to * See notes to Sections 5, 8, and 17. t Not necessary for overseers to prove that the Act was properly- adopted. Onus in first place rests on person disputing it. Reg. v. Eeynolds (1893), 2 Q. B. 75. i As to rating owners of small tenements, Keg. v. Oxfordshire J. J. 22 L. T. 219. 5 User but not occupier of gas mains, Southport v. Ormskirk (C. A.) (1894), 1-Q. B. 196. ,. , , „, 11 Moaning of " three times greater," Reg. v. Somersetshire J. J., 31 L. T. 215; 22 J. P. 431; Thursby v. Briercliffe, &c. (1895), A. C. 32, coal mine is rightly rated at the higher rate. Wet dock held liable to the higher rate, Peto v. West Ham, 28 L. J. M C 240; 2 E. and E. 144. Not so a railway, Reg. v. Midland Rail- way Company, L. K. 10 Q. B. 389 ; 44 L. J. M. C. 137; 39 J. P. 359; 32 "L. T. 753. Canal, towing path, and dry dock liable to the lower rate, Reg. v. Neath, L. R. 6 Q. B. 707; 40 L. J. M, C. 193; 24 L. T. 871. Cf. the provisions of the Agricultural Rates Act, 1896, p. 147. LIGHTING AND WATCHING ACT, 1833. 3S1 be made on the house, buildings, or other property to which they Sec. 34. may be respectively attached : Provided also, that such land, houses, buildings, and otiier propiMty shall not in the whole be assessed at a higher amount than they were in the last rate made for the relief of the poor within the said parish. 35. . . .* If the overseers of the poor of any parish adopting the Power of provisions of this Act shall go out of office before they shall have succeedinj; collected or levied the amount mentioned in the order issued under coMccrrate? the hands of the said inspectors in pursuance of this Act, they shall deliver to the succeeding overseers, within seven days from the time they go out of office, a full and particular account in writing of the names of the parties from wiiom any money may be due on account of the rate made in pursuance of this Act, as well as the last order issued to them by the said inspectors; and in such case the succeeding overseers shall have the like powers and remedies under this Act for the collecting and recovery thereof, and shall be liable to the same penalties and forfeitures in case of the non- payment to the said inspectors as their predecessors had or were liable to. 36. . . .* The overseers of the poor of every parish adopting the Overseers to provisions of this Act, to whom any such order as aforesaid shall lie piiy amount issued, shall pay over the amount mentioned in such order to the '° treasurer, treasurer to be appointed in the said parish under this Act within three calendar months from the delivery of such order to one of the overseers, and shall keep the accounts of the said rate levied for the purposes of this Act separate and distinct from the accounts of the rates levie' ^^e dis- provisions of this Act shall be extended shall not be paid to "the said for'uon-pay-'^ treasurer within the time specified for that purpose in the said order, mcut. any justice of the peace, upon complaint thereof made to him by * St'C notes to Sections 5, 8. niul 17. f "Overseers" held to include churchwardens, Re?, v. Rvc J J. 13 W.E. 142. 382 3 & i MILL. IV, C. 90. Sec. 38. the said treasurer or by any one of the inspectors, may and he is hereby authorised and required to issue a suninions under his hand and seal for llie said overseers so refusing or neglecting to pay such money as aforesaid lo appear before two justices of tlie peace; and upon the said overseers appearing, or having been so summoned and not appearing, without some sutticient and reasonable excuse, or not being found, it shall be lawful for the said justices and they are hereby required, in case the said money is not paid, to issue their warrant for levying the amount, or so much thereof as may be in arrear, by distress and sale of the goods of all or any of the said overseers ; and in case the goods of all the overseers shall not be sutlicient to pay the same, the arrears thereof shall be added to the amount of the ne.xt levy which shall be directed to be made in such parish for the purposes of this Act, and shall be collected by the like method. Watclmieu, 39. . . . The said inspectors shall from time to time appoint and &c.,to be ap- e„ipioy such number of able-bodied watchhouse keepers, Serjeants of provided"" the watch, watchmen, patrols, street-keepers, and other persons as with arms, they shall think sufficient for the proper protection of the inhabit- ■clothiiig, &c. ants^ houses and property, streets and other places within the limits of this Act, by day or by night, or by day and by night, and provide for the use ot' all such watchmen, watchhouse keepers, Serjeants of the watch, patrol, and persons as aforesaid such clothing, arms, ammunition, and weapons, and shall assign to them such beats and rounds and duties, and appoint such hours for them to be on duty, and also such wages, rewards, and gratuities, or remunerations for their services, and also make such rules, orders, and regulations relative to such watchhouse keepers, Serjeants of the watch, watch- men, patrols, street-keepers, and other persons, and their duties, as to the said inspectors shall seem meet, and also shall and may offer and give, as well to the said persons as to any other not specially employed by them, such gratuities and rewards for apprehending felonsand others, offenders within the limit of this Act, as to them shall seem proper ; and shall and may defray the e.xpenses of pro- secuting any such felons and offenders, for the protection of the inhabitants of any parish adopting the provisions of this Act, or in defending any of the said persons or other officers of the said inspectors in the execution of their duty, as they shall think proper; and the said wages, rewards, gratuities, and the costs of such prosecutions or defences, and all other expenses that may be incurred by the said inspectors for the protection and guard of the inhabit- at'its, shall and may be paid by the said inspectors out of the moneys received in pursuance of this Act. Watchmen, 40. . . . All such clothing, arms, ammunition, and weapons, SO pro- &c.,todehvcr vided for the use of such watchmen, watchhouse keepers, Serjeants of up clothiuK ^|,g vvatch, patrol, and persons as aforesaid, shall remain and continue onremova, ^^^ property of the inspectors for the time being, and in case of the resignation," removal, or death of any such watchmen, watchhouse keeper, serjeant of the watch, patrol, or person as aforesaid, shall be Penalty. returned to the said inspectors; and in case of neglect or refusal so to do, the said watchmen, watchhouse keeper, serjeant of the watch, patrol, or person as aforesaid, or in case of his death the party in jxissession thereof, shall be subject and liable to a penally not ex- ceeding the sum of twenty pounds, to be recovered for the use of the said inspectors. LI(ilITl.N(i AND WATCHING ACT, 1833. 383 41. The watchmen, Serjeants of the watch, patrols, ami other per- Uuty of sons to he aijpoiiited l)y virtue of this Act shall, during the time they y^'»'""iien, shall he on duly, use their utmost tauleavours to prevent any mischief hy fire, and also to prevent all roh!)eries, hurglaries, and other felonies and misdemeanors, ;ind other outrages, disorders, and hreaches of the peace within the limits of the parish adopting the |)rovisions of this Act ; an(J to ap|trehend and secure all felons, rogui'S, vagahonds, and disorderly persons who shall disturh the i)uhlic peace, or any person or persons wandering, secreting, or misheiiaving hiniself, herself, or themselves, or whom they shall have reasonable cause to suspect of any evil designs, and to secure and keep in safe custody every such person, in order that he or she may he conveyed as soon as con- veniently may he hefore one of His Majesty's justices of the ])eace, to he examined and dealt witli according to law; and it shall and may he lawful to and for the said watchmen, Serjeants of the watch, patrols, and other person or persons so ai)p()inted as aforesaid, to call and require any person or persons to aid and assist them in taking such felons, rogues, vagabonds, and all disorderly or suspected per- sons as aforesaid ; and in case any person or persons shall assault or resist or shall promote or encourage the assaulting or resisting any of the watchmen, seijeants of the watch, patrols, or other person or persons so appointed as aforesaid, in the execution of their duty, every such person shall for every such offence forfeit and pay any sura not exceeding forty shillings ; and in case any such offender shall not, on conviction, pay the said forfeiture, such justice is hereby re- quired to commit him, her, or them to the House of Correction, there to l)e kept to hard labour, if the said justice shall so order, for any lime not exceeding three calendar months, unless such forfeiture shall be sooner paid ; or instead of committing the said offender as aforesaid, the said justice may, by warrant under his hand and seal, cause the said forfeiture, as well as the costs (if any) to he levied by distress and sale of the goods and cliattels of the offender, returning the overplus (if any) of the money raised or recovered, after dis- charging the said forfeiture and the costs and expenses of recovering and levying the same, to the owner of the goods and chattels so seized and distrained. 42. All watchmen, Serjeants of the watch, and patrols shall be ^Vatcllnleu, sworn in as constaljles before anv justice of the peace, and act as ^f^' '^ ')e 1 1 -1 • .• /r ^1 1 1 • • r , • . sworn in, and such while in execution of the powers and authorities of this Act; to have the and they are hereby invested witii and shall have and enjoy the like power of powers and authorities, privileges and immunities, and shall be subject ctinstaljles. and liable to such and the like penalties and t'orteitures, as any constable or constables is or are invested with, or shall or may have and enjoy, or is or are or shall be subject or liable to hy law : Provided nevertheless, that no person by being sworn in and acting as or executing the office of a constable shall thereby gain a settlement in such parish. 43. In all such cases in which any of the duties usually performed Certain fees by constables shall have been executed by any of the officers appointed ^"^ '"^ P'».'■ ■ > vested in the or belonging to the said streets and places within any parish or part inspectors. of a parisli adopting the provisions of this .Act, or any of them, and of and in all the iron, timber, stone, bricks, and other materials and furniture and things of, in, and belonging thereto (except when the same shall be otherwise regulated by contract with the said inspectors), shall be and the same are hereby vested in the said inspectors, and may be sold and disposed of from time to time as they shall think proper ; and the money arising from such sale or sales shall be applied towards the purposes of this Act; and the said insjiectors are hereby authorised and empowered to bring or cause to be brought any action or actions in such name or names and in manner as herein is provided, or to prefer or order and direct the pre- ferring of any bill or hills of indictment against any person or persons who sliall steal, take, or carry away (as the case may be) all or any part of such lamp irons, lamp posts, watchhouses, watch- boxes, iron, timber, and stone, bricks, furniture, posts, chains, pales, rails, or other materials and things as aforesaid ; and in all such iSee notes to Sections 5, S, and 17> 392 3 & 4 WILL. IV, c. 90. Sec. 60. actions or bills of indictment it shall be and be deemed and taken to be sufficient to state generally that the article or articles, thin? or things, for or on account of which such action or actions shall he brouglit. or sucli hill or bills of indictment preferred, is or are the property of the inspectors, without jjarticularly stating or specifying the name or names of all or any of the said inspectors. Inspectors 61. . . .* It shall be lawful for the inspectors appointed by any parish of adioiniiig adopting tlie provisions of this Act to unite with the inspectors of nm^uuUe. »">' adjoining parish or parishes for the better carrying into effect the purposes of this Act.f 62. {Repealed by 47 and 48 Vict., c. 43.) Hecoveryaiid 63. All fines, penalties, and forfeitures inflicted or imposed by this application j^gj-^ pr by virtue of any rule or order made in pursuance hereof (the ofpeuaties. ^^^^^^ of recovery whereof is not herein otherwise provided for), mav in case of non-payment tliereof be recovered in a summary way, by order and adjudication of any two justices of the peace, on com- plaint to them for that purpose exliibited, and afterwards be levied, as well as the costs (if any) of such proceetiings, on non-payment, by distress and sale of the goods and chattels of the offender or respec- tive offenders, or person or persons liai)le to pay the same, by ■Words warrant under the liands and seals of such justices, .... all vvhicli repealed by penalties, not herein directed to be otherwise applied, shall be paid c^43*^^''*'' *" ^'''^ ^''^"^ inspectors or their treasurer, to be applied for such pur- poses of this Act as the said inspectors shall order and direct, except in all such cases where the penalty or forfeiture shall he incurred by the said inspectors, and then the same shall be paid to the informer ; "Words ^"^ • • • • if upon ^''^ return of such warrant or warrants it shall appear repealed by that no sufficient distress can be had wliereupon to levy the said 47 & 48 Vict., penalty or penalties and such costs as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of any such justices, upon the confession of the offender or offenders, or otherwise, that he, she, or they have or hath not sufficient goods and chattels whereupon such penalties, forfeitures, costs, and expenses can be levied if a warrant of distress were issued, such justices siiall not be required to issue such warrant of distress, and thereupon it shall be lawful for such justices, and they are hereby required and empowered, by warrant or warrants under their hands and seals, to commit such offender or offenders to the common gaol or House of Correction in the said county or place in which the said i)arish shall he situate, there to be kept, with or without ■Words hard labour repealed by 47&*48Vict., 64. Provided always, thatnothinghereincontained shall be deemed, l' *^ cto g construed, or taken to extend to render the said inspectors personally, exempted or any of their goods and chattels (other than such as may be invested frompersonal in them in pursuance of this Act), liable to the payment of any sum liability. ^j. gy^^ ^^f money as or by way of compensation or satisfaction in the cases in which such compensation or satisfaction is herein directed to be made i)y the said inspectors. 65. (Repealed by 37 and 38 Vict., c. 35.) Appeal to 66. . . .* Provided also, that ifany person or persons shall find himself, the quarter herself, or themselves aggrieved by any order, direction, or appoinl- * ^ee notes to Sections .5, 8, and 17. t Now see Section 57 Local Government Act, 1894. ijchtint; and matciiin(; act, 1833. 303 ment of the said inspectors, or any order or conviction of one or more Sec. 66. justice or justices of tlie peace, it shall he lawful for such person or sessions persons to appeal to any general or (piarterly sessions of the peace to astainst order he held in and for tlx; county, city, riding, horoiigh, town, shire, "fi"M'(-'c- division, liherty, or place in wliich the parish sliall he s-itiiate, within "'^*' ''^' four calendar months next after the cause of complaint shall have arisen, or if sucli sessions shall he held hefore the expiration of one calendar month, then such appeal shall he made to the secondly succeeding sessions, either of which court of sessions is herehy em- powered to hear and finally determine the matter of the said appeal, and to make such order therein as to them shall seem meet, which order shall he final and conclusive to and upon all parties: Provided that the person or persons so api)ealing shall give or cause to he given at least fourteen days' notice in writing of his, lier, or their intention of appealing as aforesaid, and of the matter or cause thereof, to the said inspectors,* or other the respondent or resi)ondents, that within five days after such notice shall enter into a recognisance hefore some justice of the peace, with sufficient securities, conditioned to try such appeal at the then next general sessions or quarter sessions of the peace which shall first happen, and to ahide the order of and pay such costs as sliall he awarded hy thejustices at such quarter sessions or any adjournment thereof; and such justices, upon hearing and finally determining such matter of ajjpeal, shall and may, according to their discretion, award such costs to the ])arty appealing or appealed against as they shall think proper; and their determination in or concerning the prennses shall be conclusive and hinding on all parties to all intents and purposes whatsoever. 67. Provided also, and be it further enacted, that if any person Appeals or persons sliall find Idmself, herself, or themselves aggrieved to b'e subiect by any rate made hy the overseers of the poor for the purposes to same rules of this Act, he, she, and they may appeal to any general or "s =^ppeals quarterly sessions of the peace to be held in and for the county, •|:--^J»st P""^ city, riding, borough, town, shire, division, liherty, or place in whicli tlie parish shall be situated ; and all such appeals shall be subject to the same rules, regulations, provisions, and direc- tions, and shall be prosecuted and jn-oceeded witli in the like riianner, as appeals against rates made for the relief of the poor in such parish. 68. {Repealed hif Statute Law Revision Act, 1S94-.) 69. {Repealed by 56 and 57 Vict., c. 61, s. 2.) 70. . . .t No proceedings to be had and taken in pursuance of this Act Proceedings shall be quashed or vacated for want of form, or be removed bv ""!'"■•,<■ .• • xi • ■ ■ , ...' unlawful for certiorari or any other writ or process whatsoever into any of His «autof Majesty's courts of record at Westminster or elsewhere. form. 71. . . .f The provisions of this Xct may headopteil in any jiarish, Parishes may either as to lighting or as to watching, or as to lighting and watching '"^'j^l'' °?'y as may be deemed expedient; and tliat the provisions of this Act may "* be adopted in any (larish so far as the same relate to lighting, although such parish shall he watched under or by virtue of any .\cc of Parliament passed for that purpose, and may be adopted in any "^ * Notice of appeal should be served on justices ns well as on in- spectors; as to costs, Reg. v. Wilkinson, 2 Mood, and li. 431. t Sec note to Section 8. 394 Sec. 71. 3 & 4 WILL. IV, C. 90. parish so far as the same relate to watching, although such parish shall be lighted under or by virtue of any Act of Parliament passed for that purpose. Limiting the 72. . . .* Nothing in this ActcoTitained shallbe construed to extend powers of to abridge, rej)eal, alter, amend, or interfere with the powers an(i pro- tlie Act. visions contained in an Act marie and passed in the tenth year of the reign of His late Majesty King George the Fourth, intituled " An 10G.4, c. il. Act for improving the police in and near the metropolis," or to extend to any parish or place already regulated by or under the pro- visions of any Act of Parliament for all the purposes hereinbefore provided for, or to interfere with the powers which any corporate body may have with respect to watching and lighting. Pai-tsof parishes may adopt the provisions of this Act, but not to interfere with any local rate. Surveyor of Commis- sioners of Sewers may enter into gas-works to see if there beany escape of gas, &c. 73. . . .* It shall and may be lawful to and for the inhabitants of part of any parish to hold a meeting of the inhabitants of such part,t to be convened in manner herein directed, and to be composed of such in- habitants only, for the purpose of determining whether the provisions in this Act contained, or any of them, shall be adopted and carried into execution in such part of tlie said parish ; and that all such meetings shall be sultject and liable to all the clauses, regulations, and restrictions in this Act contained in respect of meetings to he convened for the purposes thereof; and that the churchwardens of the said parish shall act in the same manner for such part of the parish the inhabitants of which may be desirous of adopting the pro- visions of this Act, for carrying the provisions of the same into effect, as they could by virtue hereof act for the parish at large ; and that the overseers of the ])oor of the said parish, or of any township or division of the said parish, shall be amenable to the provisions of this Act, so far as they may relate to the part of such parish situate within or partly within the division or district for which such over- seers shall act for the pur])Ose of levying, raising, and paying the rates within the part of such parish adopting the provisions of this Act, in the same manner as they would be if the whole parish, town- ship, or place for which they act had adopted the provisions of this Act : Provided always, that no proceedings of tlie said inhabitants, nor any rate to be raised or levied in pursuance of such proceedings, shall extend to any part of the said ])arish which may already be regulated by or under the ])r()visions of any Act for the purposes in this Act mentioned, nor interfere with the powers and provisions of such Act or the execution thereof in any respect whatsoever. 74. And he it further enacted, that it shall he lawful for any sur- veyor or other person or persons acting iiy or under the authority of Commissioners of Sewers, at any time or times in the daytime, to enter into any manufactory, gasometer, receiver, or other building belonging to any gas company or companies, or the said inspectors, in order to inspect and examine if there be any escape of gas, or any vvasidngs, or other waste li(|uids, sui)Stances, or other things whatso- ever, which shall arise or be produced in the prosecution of the said gas-works, or in the manufacture or process of making or j)rocuring such gas, into any public sewer or drain ; and if such surveyor or other person or persons acting by or under the authority of Com- missioners of Sewers shall at any such time or times be refused admittance or entrance into any such manufactory, gasometer, re- * Sec note to Section 8. f See note to Section 5. LIGHTING AND WATCHING ACT, 1833. 395 ceiver, or other building, for the purpose of making sucli inspection Sec. 74. and examination as aforesai \ -1 -1 1 i- ♦ 1 petroleum" any rock oil, Kangoon oil, isurmah oil, oil made from petroleum, ;,„(i apphcH- coal, schist, shale, peat, or other bituminous substance, and any tiou of Act. products of petroleum, or any of the above-mentioned oils.* . . . ^^°y''?r*7 4. Every harbour authority shall frame and submit for confirma- Petroleum tion to the I'oard of Trade Dye-laws for regulating the place or i^'^^'• g' places at which ships carrying petroleum to which this Act applies five-laws as are to be moored in the harbour over which such authority has juris- to ship diction, and are to land their cargo, and for regulating the time and f"rryin!: mode of, and the precautions to be taken on, such landing. The harbour authority shall publish the bye-laws so framed with a notice of the intention of such authority to apply for the conlirma- tion thereof. The Board of Trade may contirm such bye-laws with or without any omission, addition, or alteration, or may disallow the same. Every such bye-law when confirmed shall be published by the harbour authority, and may be from time to time altered or repealed by a bye-law made in like manner. Bye-laws under this section shall be published in such manner as the Board of Trade may from time to time direct. If at any time it appears to the Board of Trade that there is no bye-law for the time being in force under this section in any harbour the Board of Trade may, by notice, rciiuire the harbour authority of such harbour to frame and submit to them a bye-law for the purposes of this section, and if such harbour authority make default in framing a bye-law and obtaining the contirmation thereof within the time limited by such notice the Board of Trade may make a bye-law for the purposes of this section, and such bye- * See Section 2 Petroleum Act, 1879 (p. 406). 400 34 & 35 VICT., c. 105. Sec. 4. Notice by owner or master of ship carrying petroleum. law shall have the same effect as if it had been framed by the liarbour authority and confirmed by the Board of Trade. Where any ship or cargo is moored, hiiided, or otherwise dealt with ill contravention of any bye-law for the time being iu force under this Act in any harbour, the owner and master of such ship, or the owner of such cargo, as the case may be, shall each incur a penalty not exceeding fifty pounds for each day during which such contravention contiuues, and it shall be lawful for the harl)our-master or any other person acting under the orders of the harbour authority of such harl)our to cause such ship or cargo to be removed, at the expense of the owner thereof, to such jilaceas may be ill conformity with the said bye-law, and all expenses incurred iu such removal may be recovered in the same manner in which penalties are by this Act made recoverable. 5. The owner or master of every ship carrying a cargo any part of which consists of petroleum to which this Act applies, on entering any harbour within the United Kingdom, shall give notice of the nature of such cargo to the harbour authority having jurisdiction over such harbour. If such notice is not given the owner and master of such ship shall each incur a penalty not exceeding the sum of five hundred pounds, unless it is shown to the satisfaction of the court before which the case is tried that neither the owner nor the master knew the nature of the goods to which the proceedings relate, nor could with reasonable diligence have obtained such knowledge. Label on vessels con- tainin<; petroleum. 6. Where any petroleum to which this Act applies — (a) Is kept at any jdace except during the seven days next after it has been imported; or {b) Is sent or conveyed by land or water between any two places in the United Kingdom ; or (c) Is sold or exposed for sale ; the vessel containing such petroleum shall have attached thereto a label in conspicuous characters, stating the description of the petroleum, with the addition of the words " highly inflammable," and with the addition — (a) In the case of a vessel kept, of the name and address of the consignee or owner: (h) In the case of a vessel sent or conveyed, of the name and address of the sender : (c) In the case of a vessel sold or exposed for sale, of the name and address of the vendor. All petroleum to which this Act applies which is kept, sent, conveyed, sold, or exposed for sale, in contravention of this section, shall, together with the vessel containing the same, be forfeited, and in addition thereto the ijerson keeping, sending, selling, or exposing for sale the same shall for each offence be liable to a penalty not exceeding five pounds. Regulations Save as hereinafter mentioned, after the i)assing of this Act »^^'> storage pct;roleum to which this Act applies shall not be kept, except in eum. pm.gy3^Q(.g ^f ^ licence given by such local authority as is in this pursuance Act mentioned.* * In Jones v. Cook (L. R. 6 Q. B. 50.5 ; 40 L. J. M. C. 179 ; 24 L. T 806; 19 W. R. 771) the question of keeping petroleum arose under on of the repealed Acts. PETROLEUM ACT, 1871. 101 All petroleum kept in contravention of this section shall, together witli the vessel coiitaininc;' the same, he forfeited, and in addition thereto the orciipii'r of the i)liice in wliicii such petroleum is so kept shall be liable to a penalty not exceedin-; twenty pounds a day for eaeli day during which such peti'oleuni is so kejjt. This section sliall not ajjply to any ])etroleuin Icept either for private use or for sale, provided the following coiulitious are com- plied with : (1) That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, and is securely stoi)ped ; (2) That the aggregate amount kept, supposing the whole con- tents of the vessels to he in bulk, does not exceed three gallons. 8. The following bodies shall i-espectivcly he the local authority Definition to grant licences under this Act in the districts hereinafter men- "' '?'''!. tioned (that is to say) : ■" (1) In the city of London, except as hereafter in this section mentioned, the court of the Lord Mayor and aldermen of tlie said city : (2) In the metropolis (that is, in places for the time being within the jurisdiction of the Metropolitan Board of \\'orks under the Metropolis ^Management Act, 1855), except the city of London, and except as hereafter in this section mentioned, the Metropolitan Board of Works : (3) In any borough in England or Ireland, except as hereafter in this section mentioned, the mayor, aldermen, and bur- gesses acting by the council : (4) In any place in England or Ireland, except as hereafter in this section mentioned, within the jurisdiction of any trustees or improvement commissioners appointed under the provisions of any local or general Act of Parliament, and not being a borough or comprising any part of a borough, the trustees or commissioners : (5) In any place in England (except as hereafter in this section mentioned) within the jurisdiction of a local board con- stituted under the Local Government Act, 1858,* and not being any of the districts before mentioned or comprising any part of any such district, the local board : (6) (7) (8) In any hai'bour within the jurisdiction of a harbour autho- rity, whether situate or not within the jurisdiction of any local authority before in this section mentioned, the harbour authority, to the exclusion of any other local authority : (0) In any place in which there is no local authority as before in tliis section defined, in England or Ireland, the justices in petty sessions assembled, and in Scotland any two or more justices of the peace for the county sitting as judges in the justice of peace court. f * This is to be read as if Public Health Act, 1875, were here in- serted ; see Section 313 of that Act. t By Local Government Act, 1S94, Section 27, the powers, &c., of the justices in regard to the execution as the local authority of the Acts relating to petroleum is transferred to the district council of the dis- trict. 26 402 34 & 35 VICT., c. 105. Mode of granting licences. In case of refusal of licence the appUciint may me- morialise Secretary of State or Lord Lieu- tenant. 9. Licences in pursuance of this Act shall be valid if signed by two or more of the persons constituting the local authority, oi" executed in any other way in which other licences, if any, granted by such authority are executed. Licences may be granted tor a limited time, and may be subject to renewal or not in such manner as the local authority think necessary. There may be annexed to any sucli licence such conditions as to the mode of storage, the nature and situation of the premises in which, and the nature of the goods witli whicli petroleum to which this Act applies is to be stored, the facilities for the testing of such petroleum from time to time, the mode of carrying such petroleum within the district of the licensing authority, and .generally as to the safe keeping of such petroleum as mny seem expedient to the local authority. Anv licensee violating any of the conditions of his licence shall be deemed to be an unlicensed person. There may be charged in respect of each licence granted in pursuance of tliis Act such sum, not exceeding five shillings, as the local authority may tliiuk fit to charge. 10. If on any application for a licence under this Act, tlie local authority refuse the licence, or grant the same only on conditions with winch tlie applicant is dissatisfied, tlie local authority sliall, if required by the applicant, deliver to him in writing under tlie hand or hands of one or more of the persons constituting the local autho- ritv, a certificate of the grounds on which they refused the licence or "annexed conditions to the grant thereof. The applicant witliin ten days from the time of the delivery of the certificate may transmit the same to a Secretary of State if the application is for a licence in England or Scotland, and to the Lord Lieutenant if tlie application is for a licence in Ireland, togetlier with a memorial, praying that notwithstanding such refusal the licence may be granted, or that the conditions may not be imposed, or may be altered or modified in such manner and to such extent as may be set forth in such memorial. It shall be lawful lor tlie Secretary of State, or the Lord Lieutenant, if he tliink fit, on consideration of such memorial and certificate, and, if he think it necessary or desirable, after due inquiry and a report by such person as he may appoint for that purpose, to grant the licence paid for, either absolutely or with such conditions as he thinks fit, or to alter or modify the conditions imposed by the local authority ; and the licence so granted, or altered and modified, as the case may be, when certified under tlie hand of a Secretary of State, or tlie Lord Lieutenant, shall be to all intents as valid as if granted by the local authority. Testing ot petroleum by officer of local authority. 11. Any officer authorised by the local authority may purchase any petroleum from any dealer in it, or may, on producing a copy of "his appointment, purporting to be certified by the clerk or some member of the local authority, or producing some other stifficieut authority, require the dealer to show liim every or any place, and all or any of tlie vessels in which any petroleum in his possession is kept, and to give him samples of such petroleum on payment of the value of such samples. When the officer has by either of the means aforesaid taken samples of petroleum, he may declare in writing to tlie dealer that he ia about to test the same, or cause the same to be tested, in manner PETROLEUM ACT, 1871. 403 set forth in Scht'dule one to this Act,* and it shall be l.iwf ul for liiin Sec. 11. to test the same or cause the same to be tested, at any convenient place at such reasonable time as he may apjioint, and the dealer or any person appoiiiti d by him may be present at the tcstiupr, and if it appear to the oHicer or other person so testing that the petroleum from which such samples have been taken is petroleum to which this Act applies, such officer or other person may certify such fact, and the certificate so given shall be receivable as evidence in any proceedings that may be taken against a dealer in petroleum in pursuance of this Act ; but it shall be lawful for a dealer proceeded against to give evidence in proof that such certificate is incorrect, and thereupon the court before which any such proceedings may betaken may, if such court think tit, appoint some person skilled in testing petroleum to examine the samples to which such certificate relates, and to declare whether such certificate is correct or incorrect. Any expenses incurred in testing any petroleum of such dealer in pursuance of this section shall, if such dealer be convicted of keeping, sending, conveying, selling, or exposing for sale, petroleum in contravention of this Act, be deemed to be a portion of the costs of the proceedings against him, and shall be paid by him accordingly. In any other event such expenses shall be paid by the local authority out of any funds for the time being in their hands, and in case the local authurity are tlie justices,! out of the county rate. 12. Any dealer who refuses to show to any officer authorised by Penalty for the locarauthority every or any jilace or all or any of the vessels [(^["^^.'"fjion in which petroleum in his possession is kept, or to give him such ond obstruct- assistance as he may retpiire for examining the same, or to give to ing officer, such officer samples of such petroleum on payment of the value of such samples, or who wilfully obstructs the local authority, or auj' officer of the local authority, in the execution of this Act, shall incur a penalty not exceeding twenty pounds. 13. Where any court of summary jurisdiction is satisfied by in- Search for formation on oath that there is reasonable ground to believe that any g^^'"23*^^°o:j petroleum to which this Act applies is being kept, sent, conveyed, Y,ct"., c. 139, or exposed for sale within the jurisdiction of such court in cou- c. 25. traveution of this Act, at any place, whether a building or not, or in any ship or vehicle, such court shall grant a warrant by virtue whereof it shall be lawful for any person named in such warrant to enter the place, ship, or vehicle named in such warrant, and every part thereof, and examine the same and search for petroleum therein, and take sam))les of any petroleum found therein, and if any petroleum to which this Act applies be found therein, which is kept, sent, conveyed, or exposed for sale, in contravention of this Act, to seize and remove such petroleum, and the vessel containing the same, and to detain such petroleum and vessel until some court of summary jurisdiction has determined whether the same are or not forfiited, the proceedings tor which forfeiture shall be commenced forthwith after the seizure. Any person seizing any petroleum to which this Act applies in pursuance of this section shall not be liable to any suit for detain- ing the same, or for any loss or dauuige incurred in respect of such petroleum, otherwise than by any wilful act or neglect while the same is so detained. * See Section 6 Petroleum Act. 1879 (p. 407). t See Section 27 Local Government Act, 1894. 404 34 & 35 VICT., c. 105. Sec. 13. If iiiiy petroleum to wliicli this Act applies is seized in pur- suance of this section in any ship or vehicle, the person seizing the same muy use for the purposes of the removal thereof, during twenty-four hours after the seizure, the said ship or vehicle, with the tackle, beasts, and accoutrements helouging thereto, and if he do so shall pay to the owner thereof a reasonable recompense for the use thereof, and the amount of such recompense shall, in case of dispute, be settled by the court of summary jurisdiction before whom proceedings f Dr the forfeiture are taken, and may be recovered in like manner as penalties under this Act may be recovered. Any person who, by himself or by any one in his employ or acting by his direction or with his consent, refuses or fails to admit into any place occupied by or under the control of such person, any person demanding to enter in pursuance of this section, or in any way obstructs or prevents any person in or from making any such search, examination, or seizure, or taking any such samples as authorised by this section, shall he liable to pay a penalty not exceeding twenty pounds, and to forfeit all petroleum to which this Act applies which is found in his possession or under his control. Application 14. Her Majesty may from time to time make, revoke, and vary of Act to orders in Council directing this Act or any part thereof to apply stance^*^^' ''*' ^^^- substance, and this Act, or the jiart thereof specified in the order shall, during the continuance of the order, apply to such substance, and shall be construed and have effect as it throughout it such substance had been included in the definition of petroleum to which this Act applies, subject to the following qualifications : (1) The quantity of any substance to whicli this Act is directed by order in Council to apply, which may be kept without a licence, shall be such quantity only as is specified in that behalf in such order, or if no such quantity is specified no quantity may be kept without a licence : (2) The label on tlie vessel containing such substance shall be such as may be specified in that behalf in the order. Summary 15. In England and Ireland all offences and penalties under this proceedings Act, and all moricy and costs directed by this Act to be recovered lor offences, .jg penalties, nuiy he prosecuted and recovered in manner provided pena ie3, y^^ ^.^^ Summary Jurisdiction Acts. Provided as follows: 1. A court of summary jurisdiction shall not impose a penalty exceeding fifty pounds, but any such court may impose that or any less penalty for any one offence, notwithstanding the offence involves a penalty of higher amount. 2. ...... . 3. The " Court of Summary .Jurisdiction," when hearing and determining an information or complaint, shall he constituted in some one of the following manners (that is to say) : (a) In England, either of two or more jnstici.-s of the peace in petty sessicms sitting at a place apjiointed for holding petty sessions, or of one of the magistrates hereinafter mentioned, sitting alone or with others at some court or other place appointed for the administration of justice; that is to say, the Lord Mayor, or any alderman of tlie City of London, n metropolitan police magistrate, a stipendiary magistrate, or PETROLEUM ACT, 1871. 405 some other officer or officers for the time beinj? empowerHd Sec. by hiw to do alone or with others iiny net autliorised to be done by more than one justice of the peace. (0) ...... . (c) • . 4. The description of any offence under this Act iu the words of su h Act shall bo sufficient in law. 5. Any exception, exemption, ])roviso, excuse, or qualification, whether it does or not accompany the description of tlie offence in this Act, may be proved by the defendant, but need not be specified or uejjatived in the information, and if so specified or negatived no proof iu relation to the matters so specified or negatived shall be recpiired on the i art of the informant or prosecutor. G. No conviction or order made in pursuance of tliis Act shall be quashed tor want of form or be removed by certiorari or other- wise, either at the instance of the Crown or of any private party, into any superior court. Moreover, no warrant of commitment shall be held void by reason of any defect therein, provided that there is a valid conviction to maintain such warrant, and it is alleged in tlie warrant that the party has been convicted. 7. All forfeitures m:iy be sold or otherwise disposed of in such manner as the court may direct. 8. ...... . 9. ...... . 16. All powers given by this Act shall be deemed to be in Reservation addition to and not iu derotration of any other powers conl'erred on ° .^."^"'SUfi. 11 1 . t p 1-, y po« ers with any local or harbour authority by Act or Parliament, law, or respect to custom, and every local authority and harbour authority may inflammable exercise such other powers in the same manner as if this Act had su istances. not passed; and nothing in this Act contained shall be deemed to exempt any person from any penalty to which he would otherwise be subject in respect of a nuisance. 17. The Acts mentioned in Schedule Two to this Act are hereby Repeal of repealed to the extent in that Schedule mentioned. ^'^'*- Provided that such repeal shall not affect any order in Council made or any licence granted, under any Act hereby repealed or any liability or penalty incurred in respect of any offence com- mitted before tlie passing of this Act, or any remedy or proceeding for enforcing such liability or penalty, and every such order, so far as relates to the matters provided for by this Act, and every such licence, shall have effect as if it had been made or granted under this Act. 18. [Repealed by Petroleum Act, 1879, Section G.] SCHEDULES. SCHEDULE ONE. (See Section 2 of the Petroleum Act, 1879. Schedule 1 of that Act is substituted for this Schedule.) 406 42 & 43 VICT., c. 47. Year and Chapter. SCHEDULE TWO. Title. lE-Ytent of Repeal. 25 & 26 Vict., An Act for the Safe Keeping of The whole c. 66 Petroleum Act. 29 & 30 Vict., The Carriage and Deposit of Dan- Sections eight c. 69 gerous Goods Act, 1866 ; and nine. 31 & 32 Vict., The Petroleum Act, 18U8 The whole c. 56 Act. PETROLEUM ACT, 1879. 42 cK: 43 VICT., c. 47. A.D. 1879. An Act to continue and amend the Petroleum Act of 1871. — [llth August, 1879.] Be it enacted by the Queen's most excellent Majesty, by and with theadvice and consent of the Lords Spiritual and Teni])oral,and Commons, in this present Parliament assembled, and by the autho- rity of the same, as follows : 1. This Act may be cited as the Petroleum Act, 1879. This Act shall' be construed as one with the Petroleum Act, 1871, and together with that Act may be cited as the Petroleum Acts, 1871 and 1879. (Preamble of Section 2 rejiealed hy Statute Laiv Sevision Act, 1894.) 2. In the Petroleum Act, 1871, the term " petroleum to which ' this Act applies " shall mean such of the jietroleum defined by Section three of that Act as, when tested in niiiuner set forth in Schedule One to this Act, gives off an inflammable vapour at a temperature of less than seventy-three degrees of Fahrenheit's thermometer. Every reference in the Petroleum Act, 1871, to Schedule One ' to that Act shall be construed to refer to Schedule One to this Act. 3. A model of the apparatus for testing petroleum, as described in Schedule One to this Act, shall be deposited with the Board of Trade, and the Board of Trade shall, on payment of such fee, not exceeding five shillings, as they from time to time prescribe, cause to be compared with such model and verified every apparatus con- structed in accordance with Schedule One to this Act, which is submitted to them for the purpose, and if the same is found correct shall stamp the same with a mark approved of by the Board and notified in the ' London Gazette.' An apparatus for testing petroleum purporting to be stamped Short title and con- struction of Act. 34 & 35 Vict. c. 105. 34 & 35 Vict. C. 105. 34 Si 35 Vict, C.105. Verification of test apparatus. PETROLEUM ACT, 1879. 10^ with the said mai'k shall, until the contrary is proved, be deemed Sec. 3. to have lieeii verilied by the Hoard of Trade. All fees under this section shall be paid into the Exchequer.'] 4. *The Petroleum Act, 1871, shall continue in force until other- Contiimante wise directed by Parliament. y^'^^ c. 105. 5. *This Act shall come into operation on the thirty- lirst day of Commcnce- Docember One thousand eii;ht hundred and seventy-nine, which "'*"'■ °^-^'^'" day is in this Act referred to as the commencement of this Act. 6. The Petroleum Act, 1871, shall be repealed after the com- Repeal of mencement of this Act to the extent in the third column of the 3^1^36 vict Second Schedule to this Act mentioned. c. 105. Provided that any sample of petroleum taken before the com- mencement of this Act shall be testedf in manner set forth iu Schedule One to the Petroleum Act, 1871, and any oll'ence com- 3t& 35 Vict,, mitted before the commencement of this Act shall be prosecuted, '^^ ^^^• and any investigation, leiral proceeding, or remedy in relation to such offence, or to any act done before the commencement of this Act, shall be instituted, carried on, and have effect as if the pro- visions of this Act, other than those continuing the Petroleum Act, 3\&35 Vict.. 1871, had not been passed. c. 105. FIRST SCHEDULK. Mode of testing Petroieum so as to ascertain the Tem- PERATUKE AT WHICH IT WILL GIVE OFF INFLAMMABLE VaPOUE. Specification of the Test Apparatus. The following is a description of the details of the apparatus : — The oil cup consists of a cylindrical vessel 2" diameter, 2-f^" height (internal), with outward projecting rim -fi?" wide, -„" from the top, and IJ" from the bottom of the cup. It is made of gun- metal or brass (17 15.W.G.) tinned inside. A bracket, consisting of a short stout piece of wire bent upwards and terminating in a point, is fi.Kcd to the inside of the cup to serve as a gauge. The distance of the point from the bottom of the cup is 1^". The cup is provided with a close-fitting overlapping cover made of brass (22 B.W.G.) which carries the thermometer and test lamp. The latter is suspended from two supports from the side by means of trunnions upon which it may be made to oscillate; it is provided with a spout, the mouth of which is one sixteenth of an inch in diameter. The socket which is to hold the thermometer is fixed at such an angle and its length is so adjusted that the b\ilb of the thermometer when inserted to its full depth shall be 1^" below the centre of the lid. The cover is provided with three square holes, one in the centre, "nr" ^y To "' ^"^^ *^"'" smaller ones -j^^" by -jV> close to the sides and opposite each other. These three holes may he closed and * The Statute Law Revision Act, 1894, repealed " Sections 4 to 6 " of the above Act. t In Beck r. Strin-er, L. R. 6 Q. B. 497; 40 L. J. M. C. 174; 2.5 L. T. 122, 19 W. R. 1140; the question of testing arose under the Acta repealed by the Pttroleum Act of 1S71. ■iOS 42 & 43 VICT., 0. 47 uncovered by means of a slide moving in prooves, and having per- forations correspouding to those on the lid. In moving the slide so as to uncover the holes, the oscillating lamp is cauglit by a pin fixed in tlie slide, and tilted in such a way as to bring the end of the spout just below the surface of the lid. Upon the slide being ]>ushed back so as to cover the holes, the lamp returns to its original position. Upon the cover, in front of and in line with the mouth of the lamp, is fixed a white bead, the dimensions of which represent the size of tlie test flame to be used. The bath or heated vessel consists of two flat-bottomed copper cylinders (24 B.W.G.), an inner one of 3" diameter and 2i" height, and an outer one of 5^" diameter and of" height ; they are soldered to a circular copper plate (20 I3.W.G.) perforated in the centre, which forms the top of the bath, in such a manner as to enclose the space between the two cylinders, but leaving access to the inner cylinder. The top of the bath projects both outwards and inwards about f"; that is, its diameter is about ^" greater *han that of the body of the batli, while the diameter of the circular opening in tlie centre is about the same amount less than that of the inner copper cylinder. To the inner projection of the top is fastened, by six small screws, a flat ring of ebonite, the screws being sunli below the surface of the ebonite, to avoid metallic contact between the bath and the oil cup. Tlie exact distance between the sides and bottom of the bath and of the oil lamp is one half of an inch. A split socket similar to that on tlie cover of the oil cup, but set at a right angle, allows a tliermo- meter to be inserted into the space between the two cylinders. The bath is further provided with a funnel, an overflow pipe, and two loop handles. The bath rests upon a cast-iron tripod stand, to the ring of which is attached a copper cylinder or jacket (24 B.W.G.) flanged at the top, and of such dimensions that the bath, while firmly resting on the iron ring, just touches with its projecting top the inward-turned flange. The diameter of this outer jacket is 65". One of the three legs of the stand serves as support for the spirit lamp attached to it by means of a small swing bracket. The distance of the wick holder from tlie bottom of the bath is 1". Two thermometers arc provided witli tlie apparatus, the one for ascertaining tiie temperature of the bath, the other for deter- mining the flashing point. The thermometer for ascertaining the temperature of tlie water has a long bulb and a space at the top. Its range is from about 90° to 190° Fahrenlieit. The scale (in degrees of Fahrenheit) is marked on an ivory back fastened to tlie tube in the usual way. It is fitted with a metal collar, fitting the soclvet, and the part of the tube below tlie scale sliould have a length of about '3k" measured from the lower end of the scale to the end of the bulb. The thermometer for ascertaining the tem- perature of tlie oil is fitted with collar and ivory scale in a similar manner to the one described. It has a round bulb, a space at the top, and ranges from about 55° F. to 150° F. ; it measures from end of ivory back to bulb 24". Note. — A model apparatus is deposited at the Weights and Measures Department of the Board of Trade. DiKECTIONS FOE APPLYING TlIK FLASHING TeST. 1. The test apparatus is to be placed for use in a position where it is not exposed to currents of air or draughts. PETROLEUM ACT, l.ST'J. 40i) 2. The heating vessel or water-bath is filled by pourinp water into the funnel until it begins to flow ont at tlic spout of tiie vessel. The temperature of the water at the connnenceuient of the test is to be 130° Fahrenheit, and this is attained in the first instance either by niixinLT liot and coUl water in the bath, or in a vessel from which the bath is filled, until the thermometer which is provided for testinj; the temperature of the water gives the proper indication ; or by heating the water witii the spirit lamp (wliidi is attached to the stand of tlie apparatus) until the required temperature is indicated. If the water has been heated too highly, it is ea>ily reduced to 130° by pouring in cold water little by little (to replace a por- tion of the warm water) until the thermometer gives the proper reading. AVhen a test has been completed, this water-bath is again raised to 130 by placing the lump uudcrneath, and the result is readily obtained while the petroleum cup is being emptied, cooled, and refilled with a fresh sample to be tested. The lamp is then turned on its swivel from under tlie apparatus, and the next test is pro- ceeded with. 3. The test lamp is prepared for use by fitting it with a piece of flat-plaited candle wick, and filling it with colza or rape oil up to the lower edge of the opening of tiie sjiout or wick tube. The lamp is trimmed so that when lishted it gives a flame of about O'l') of an inch diameter, and this size of flame which is repre- sented by the projecting white bead on the cover of the oil cup is readily maintained l)y simi)le manipulation from time to time with a small wire trimmer. When gas is available it may be conveniently used in place of the little oil lamp, and for this purpose a test-flame arrangement for use with gas may be substituted for the lamp. 4. The l)ath having been raised to the proper temperature, tho oil to be tested is introduced into the petroleum cup, being poured in slowly until the level of the liquid just reaches the point of the gauge which is fixed in the cu]). In warm weather the temperature of the room in wiiichthe samjiles to be tested have been kept should be observed in the first instance, and if it exceeds G5° the samples to be tested should be cooled down (to about G0°) by immersing the bottles containing them in cold watfr, or by any other con- venient method. The lid of the cuj), with the slide closed, is then put on, and the cup is placed into the bath or heating vessel. The thermometer in the lid of the cup has been adjusted so as to have its bulb just immersed in the liquid, and its position is not under any circumstances to be altered. When the cup has been })laced in the proper jjosition, the scale of the thermometer faces the operator. 5. The test lamp is then placed in position upon the lid of the cup, the lead line or ])endulum, which has been fixed in a convenient position in front of the operator, is set in motion, and the rise of the thermometer in the petroleum cup is watched. When the temperature has reached about G6^ the operation of testing is to be commenced, the test-fiame being applied once for every rise of one degree, in the following manner : The slide is slowly drawn open while the pendulum performs three oscillations, and is closed during the fourth oscillation. Note. — If it is desired to employ the test apparat^is to determine -ilO 42 & 43 VICT., c. 47. the flashing points of oil of very low volatility, the mode of pro- ceeding is to be modified as follows : The air-chamber which surrounds the cup is filled with cold water to a depth of 1^ inches, and the heating vessel or water-bath is filled as usual, but also with cold water. The lamp is then placed under the apparatus and kept there during the entire operation. ]f a very heavy oil is being dealt with, the operation may be com- menced with water previously heated to 120°, instead of with cold water. SECOND SCHEDULE. (^Repealed hy Statute Laio Revision Act, 1894.) PETROLEUM (lIAWKERS) ACT, 1881. 411 PETROLEUM (HAWKERS) ACT, 1S81. 44 cK: 45 VICT., C. G7. An Act to regulate the Hawking of Petroleum and other Substances A.l). 1881. of a like Nature. [27^/* Au/just, 1881.] — Be it enacted by tlie Queen's most e.xcellent ^lajcstv, by and with the advice and consent of the Lords Spiritual and Teni5)oral, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. Any pcr.son who is licensed in pursuance of the Petroleum Power lo Act, 1871, to keep petroleum to which that Act applies may, subject l'«"k to the enactnients for the time being in force with respect to si^^gs^Vict hawkers and pedlars, hawk such petroleum by himself or his c. 105. servants. 2. With respect to the hawking of petroleum to which the fje-'ulations Petroleum Act, 1871, applies, the following regrulations shall be fo/hawkiug observed : petroleum. (1) The amount of petroleum conveyed at one time in any one carriage shall not exceed twenty gallons : (2) The petroleum shall he conveyed in a closed vessel so con- structed as to be free from leakage : (3) The carriage in which the vessels containing the petroleum are conveyed shall be so ventilated as to prevent any evapora- tion from the petroleum mi.xing with the air in or aboiit the carriage in such proportion as to produce or be liable to produce an explosive mixture : (4) Any fire or light or any article of an explosive or highly intlammahle nature shall not be brought into or dangerously near to the carriage in which the vessels containing the petroleum are conveyed : (5) The carriage in which the vessels containing the petroleum are conveyed shall be so constructed or fitted that the petro- lemn cannot escape therefrom in the form of liquid, whether ignited or otherwise : (6) Proper care shall be taken to prevent any petroleum escaping into any part of a house or building, or of the curtilage thereof, or into a drain or sewer : (7) The petroleum shall be stored in some premises licensed for keeping of petroleum and in accordance with the licence for such premises both every night and also when the petroleum is not in the course of being hawked : (8) All due precautions shall be taken for the prevention of acci- dents by fire or explosion, and for preventing unautliorised persons having access to the vessels containing the petroleum. 412 44 & 45 VICT., c. 67, Sec. 2. and every person concerned in hawking the petroleum shall abstain from any act whatever which tends to cause fire or explosion, and isnot reasonably necessary for the purpose of such hawking : (9) No article or substance of an explosive or inflammable character other than petroleum, nor any article liable to cause or communicate fire or explosion, shall be in the carriage while such carriage is being used for the purpose of hawking jietroleum. In the event of any contravention of this section with reference to any petroleum, the petroleum, together with the vessels contain- ing and the carriage conveying the same, shall bo liable to be forfeited, and in addition thereto the licensee by whom or by whose servants the petroleum was being hawked shall be liable on sum- mary conviction to a penalty not exceeding twenty pounds. Provided that — (1) Where some servant of the licensee or other person has in fact committed the oft'ence, such servant or other person shall be liable to the same penalty as if he were the licensee: (2) Where the licensee is charged with a contravention of this section, he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing tlie charge, and if the licensee proves to the satis- faction of the court that he had" used due diligence to enforce the execution of this section, and that the said other person had committed the offence in question without his iiuowledge, consent, or connivance, the said other person shall be sum- marily convicted of such oflence, and tlie licensee shall be exempt from any penalty. Any petroleum other than that to which the Petroleum Act, 1871, api)lies while in any carriage used for the hawking of petro- leum to which the Petroleum Act, 1871, applies, shall for the pur- poses of this section be deemed to be petroleum to which the Petro- leum Act, 1871, applies. Modification 3. Any conditions annexed to a licence granted in pursuance of of couditions ^.jjg Petroleum Act, 1871, * under"" shall, so iar as they are inconsistent with this Act, be void, but save as aforesaid nothing in this Act shall affect the application 34 & 35 Vict., to a licensee of the provisions of the Petroleum Act, 1871, or of any c. 105. licence granted thereunder. Power of 4. Where a constable or any officer authorised by the local constable authority has reasonable cause to believe that a contravention of this ^revention ^^^ ^^ being committed in relation to any petroleum, he may seize of offences, and detain such petroleum and the vessels and carriage containing the same, until some court of summary jurisdiction has determined •whether there was or not a contravention of this Act, and Section thirteen of the I'etroleum Act, 1871, shall apply to such constable and officer as if he were the person named in the warront mentioned in that section, and as if the seizure were a seizure in pursuance of that section. - . J 5. Nothing in this Act contained shall extend to authorise the riKht"^of hawking of petroleum within the limits of any municipal borough WougHs. * "Words repealed by Statute Law Kevision Act, 1894. PETROLEUM (lIAWKKRS) ACT, 1881. 413 in which, by any lawful authority, such hawking shall have been Sec. 5. or may hereafter be forbidden. 6. For the purposes of this Act — The expression "carriaf^o " includes any carriage, waggon, cart, Definitions, truck, vehicle, or other moans of conveyance by laud, in whatever uianiier the same may be drawn or propelled ; and A person shall bo deemed for the purjjoses of this Act to hawk jjetroloum if by himself or his servauts he goes about carry- ing i)etroleum to sell, whether going from town to town or to other men's houses, or selling it in the streets of the place of his residence or otherwise, and whether with or without any horse or other beast bearing or drawing burden. 7. This xVct may be cited as the Petroleum (Hawkers) Act, 1881 Short title This Act shall be construed as one with the Petroleum Acts, ^^<^ cpn- 1871 and 1879, and together with those Acts may be cited as the ^'^1"*^"°" "^ Petroleum Acts, 1871 to 1881. 34 si 35 Vict., c. 105. 42 & 43 Vict., C.47. 414 38 & 39 VICT., c. 55. A.D. 1895. Power to parish council to undertake to pay loss occasioned by extra postal facilities. 54 & 55 Vict. c. 46. 56 & 57 Vict. c. 73. Short title. POST OFFICE AMENDMENT ACT, 1895. 58 & 59 VICT., c. 18. An Act to amend tlie Post Office Act, 1891. [^Ith June, 1895.] Be it euactud by the Queen's most K.xcelleut Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. The parish council of a parish, or where there is no parish council the parish meeting, shall have like powers as are given to a rural sanitary authority under Section 8 of the Post Office Act, 1891, to guarantee the Postmaster-General against loss sustained by the provision of postal or other facilities as named in that section, and any expenses incurred by the council or meeting under such undertaking shall be deemed to be expenses of the council or of the meeting (as the case may be) within the pro- visions of the Local Government Act, 189-4. 2. This Act may be cited as the Post Office Amendment Act, 1895. [Section 8 of the Post Office Act, 1891, provides as follows : " Where any rural sanitary authority consider that it would be for the benefit of any contributory place or places within their district that any post or telegraph office should be established, or any additional facilities (postal or other) provided by the Post- master-General in such place or places, such authority may under- take to pay to the Postmaster-General any loss he may sustain by reason of the establishment or maintenance of such office or the provision of such facilities, and any costs incurred by the authority under such undertaking may be defrayed as special expenses legally incurred in respect of such contributory place or places, and shall be apportioned between sucli places if more than one, and Sections 229, 230, and 231 of the Public Health Act, 1875, .... shall apply accordingly." The Sections of the Public Health Act, 1875, above referred to will be found in the Appendix, p. . " Contributory place " is defined in Section 229, p. 427.] PUBLIC HEALTH ACT, 1875. 38 & 39 VICT., c. 55. A.D. 1875. [The following sections are printed here for convenience of ~~ reference. They are the sections mentioned in various parts of the Local Government Act, 1891, and in the other Acts set out in the Appendix.] Descrii)tion 6. Urban districts shall consist of the places in that behalf men- of urban dis- tioned in the first column of the table in this section contained, and urbau Mtho- urban authorities shall be the several l)Ofii.es of persons specified in rities. the second column of the said table in relation to the said places respectively. PUBLIC HEALTH ACT, 1875, 415 Urban District. Borough constituted such either hefore or after the passing of this Act. Improvement Act district constituted such hefore the passing of this Act, and having no part of its area situated within a horoiigh or Local Government district. Local Government district constituted such either hefore or after the passing of this Act, having no part of its area situated within a horough, and not coincident in area with a borough or Improvement Act district. Urban Authority. Sec. 6. The mayor, alder- men, and bur- gesses acting by the council. Tlie improvement commissioners. The local hoard. Provided that — (1) Any borough, the whole of which is included in and forms part of a Local Government district or Improvement Act district, and any Improvement Act district which is inchided in and forms part of a Local Government district, and any Local Government district which is included in and forms part of an Improvement Act district, shall for the purposes of this Act be deemed lo be absorbed in the larger district in which it is included, or of which it forms part ; and the improvement commissioners or local hoard, as the case may be, of such larger district shall be the urban authority therein ; and (2) Where an Improvement Act district is coincident in area with a Local Government district, the improvement commissioners, and not a local board, shall be the urban authority therein; and (3) Where any part of an Improvement Act district is situated within a borough or Local Government district, or where any part of a Local Government district is situated within a borough, the remaining j)art of such Imi)roveiiient Act district or of such Local Government district so partly situated within a borough shall for the purposes of this Act continue subject to the like jurisdiction as it would have been subject to if this Act had not been passed, unless and until the Local Government Board by provisional order otherwise directs. For the purposes of this Act, the boroughs of Oxford, Cambridge, Blandford, Calne, Wenlock, Folkestone, and Newport, Isle of Wight, shall not he deemed to be boroughs, and the boiougli of Cambridge shall be deemed to be an Improvement Act district, and the borough of Oxford to be included in the Local Government district of Oxford. So much of the borough of Folkestone as is not included within the Local Government district of Sandgate shall he an urban district, and shall be under the jurisdiction, for the purposes i)f tins Act, of the authority for executing " The Folkestone Improvement Act, 1S55." 9. The area of any union which is not coincident in area with an Description urban district, nor wholly included in an urban district (in this section of rurnl called a rural union), with the exception of those portions (if any) of il'stricis and the area which are included in any urban district, shall be a rural f"^|!g'^'*' "'' 416 38 vK: 39 VICT., C. 55. Sec. 9. Powers and duties of urban autho- rities. Words repealed by tlie Factory Act, 1878. district, and the guardians of the union shall form the rural authority of such district : [Provided that — * (1) An ex-officio guardian resident in any parish or part of a parish belonging to such union, which parish or part of a jjarish forms oris situated in an urban district, shall not act or vote in any case in which guardians of such union act or vote as members of the rural autliority, unless he is the owner or occupier of property situated in the rural district of a value sufficient to qualify him as an elective guardian for the union : (2) An elective guardian of any parish belonging to such union, and forming or being wholly included within an url)an district, shall not act or vote in any case in which guardians of such union act or vote as members of the rural authority : (3) Where part of a parish belonging to a rural union forms or is situated in an urban district, the Local Government Board may by order divide such parish into separate wards, and determine the number of guardians to be elected by such wards respec- tively, in such manner as to provide for the due representation of the part of the parish situated within the rural district ; but until such order lias been made the guardian or guardians of such parish may act and vote as members of the rural authority in the same manner as if no part of such parish formed part of or was situated in an urban district.] Where the number of elective guardians who are not by this section disqualified from acting and voting as members of the rural authority is less than five, the Local Government Board may from time to time by order nominate such number of persons as may be necessary to make up that number [from owners or occupiers of property situated in the rural district of a value sufficient to qualify them as 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 further or otherwise. [Subject to the provisions of this Act, all statutes, orders, and legal provisions applicable to any board of guardians shall apply to them in their capacity of rural authority under this Act for purposes of this Act ; and it is hereby declared that the rural authority are the same body as the guardians of the union or parish for or within which such authority act.]* 10. In addition to the powers, rights, duties, capacities, liabilities, and obligations exercisable by or attaching to an urban authority under ■ this Act, every urban authority shall within their district (to the exclusion of any other autliority which may have previously exercised or been subject to the same) have, exercise, and be subject to all the powers, rights, duties, capacities, liabilities, and obligations within such district exercisable or attaching by and to the local authority under the Artisans and Labourers Dwellings Act, or any Acts amending the same. Where the Baths and Washhouses Acts and the Labouring Classes Lodging-houses Acts, or any of them, are in force within the district of any urban authority, such authority shall have all powers, rights, duties, capacities, liabilities, and obligations in relation to such Acts exercisable by or attaching to the council, incorporated commissioners, local board improvement commissioners, and other commissioners or persons acting in the execution of the said Acts or any of them. * The words in brackets are repealed by Section 89, Local Govern- ment Act, 1894. PUBLIC HEALTH ACT, 1875. 417 Where the Baths and "Waslihouses Acts are not in force within Sec. 10. the district of any urhan aullioriiy, such autliority may adopt such Acts ; and where the Labouring Classes Lodtting-houses Acts are not in force within the district of any urhan authority, such authority niav adojit sucli Acts. Wiierc any h)cal Act other than an Act for the conservancy of any river is in force within the district of an urlian autliority, conferring on any commissioners, trustees, or othtT persons powers for purposes the same as or similar to those of tliis Act (hut not for their own pecuniary benefit), all the powers, rights, duties, capacities, lial)ilities, atid obligations of such commissioners, trustees, or other persons in relation to such purposes shall be transferred and attach to the said urban authority. 144. Everv urban authority sball within their district exclusively Powers of of any other i)ersoa execute the office of and be surveyor of highways, J",i;|j^^-'°" °^ and have, exercise, and be subject to all the powers, authorities, duties, ana'oVves- and liabilities of surveyors of liij^hways under the law for the time tries under being: in force, save so far as such powers, authorities, or duties are or ° ^^f^}^^'^ may be inconsistent with the provisions of this Act; every urban l^^',,:!,^" ^ authority shall also have, exercise, and be sui)ject to all the powers, authority, authorities, duties, and liabilities, which by the Highway Act, 1835, or any Act amending the same, are vested in and given to the inhabitants in vestry assembled of any parish within their district. All ministerial acts required l)y any Act of Parliament to be done by or to the surveyor of highways may be done by or to the surveyor of the urban authority, or by or to such other person as they may appoint. 145. The inhabitants within any urban district shall not in respect Inluibitants of any property situated therein be liable to the payment of highway j|gj"|ct"ot rate or other payment, not being a toll, in respect of making or liable to repairing roads or highways without such district : Provided that any rates lor person who in any place after the passing of this Act ceases under or ^^^^J^gtr■j,'t_ by virtue of any provision of this Act, or of any order made there- under, to be surveyor of highways within such place, may recover any highway rate made in respect of such place, and remaining unpaid at the time of his so ceasing to be such surveyor, as if he had not ceased to be such surveyor; and the money so recovered shall be applied, in the first place, in reimbursing himself any expenses incurred by him as such surveyor, and in discharging any debts legally owning by him on account of the highways within his jurisdiction; and the surplus (if any) shall be jjaid by him to the treasurer of the urban authority, and carried to the fund or rate applicable to the repair of highways within their district. 146. Any urban authority may agree with any person for the making Power of of roads within their district for the public use' through the lands and "j, ^j" a^ree" at the expense of such person, ami may agree that such roads shall as 'to making become and the same shall accordingly become on completion high- of new public ways maintainable and repairable by the inhabitants at large within roads, their district; they may also, with the consent of two thirds of their number, agree with such person to pay, and may accordingly pay, any portion of the expenses of making such roads. 147. Any urban authority may agree with the proprietors of any Power of canal, railway, or tramway to adopt and maintain any existing or pro- "j'^f^^"""'"" jected bridge, viaduct, or arch within their district, over or under any construct or such canal, railway, or tramway, and the approaches thereto, and may adopt public accordingly adopt and uiaintaiii such bridge, viaduct, or arch and '"'Jge*. ^c-. 27 418 38 & 39 VICT., C. 55. Sec. 147. approaches as parts of public streets or roads maintainable and repair- able bv the inhabitants at large within their district ; or such authority cluX&e " may themselves agree to construct any such bridge, viaduct, or arch at the' expense of such proprietors; they may also, with the consent of two thirds of their number, agree to pay, and may accordingly pay, any portion of the expenses of the construction or alteration of any such bridge, viaduct, or arch, or of the purcliase of any adjoining lands required for the foundation and support thereof, or for the approaches thereto. Power of 148. Any urban authority may by agreement with the trustees of urban autho- ^ny turnpike road, or with any person liable to repair any street or ■''7 *°„?i'!^'^ road, or anv part thereof, or with the surveyor of any county bridge, ments with take on themselves the maintenance, repair, cleansing, or watering ot turnpike any such street or road or any part thereof, or of any road over any trustee as gou^ty bridge, and the ajiproaches thereto, or of any part of the said o'f roads' '^'' Streets or roads within their district, and may remove any turnpike gates, toll gates, or bars which may be situated within their district, and may erect other turnpike gates, toll gates, or bars in lieu thereof, on such terms as the urban authority and such trustees or person or surveyor as aforesaid may agree on : Provided — That where any mortgage debt is charged on the tolls of any such turnpike road, no agreement shall be made for the removal of any of the toll gates or bars thereon, unless with the previous consent in writing of a majority of at least two thirds in value of the mortgagees ; and That where the terms arranged include any annual or other pay- ments from such urban authority to the trustees of any such turnpike road, then the payments may be secured on any fund or rate applicable by such authority to any of the purposes of this Act in the same manner as other charges on any such, fund or rate are authorised by this Act. Any executors, administrators, guardians, trustees, or committee of the estate of any idiot or lunatic, who are as such for the time being entitled to any money charged or secured on the tolls of any such turnpike road, may consent to any such agreement as aforesaid as fully as if they respectively were so entitled in their own right, discharged of all trusts in respect thereof; and all executors, adminis- trators, guardians, trustees, and committees so consenting are hereby severally indemnified for so doing. Watchin" 163. Where in any place which after the passing of this Act and Ligimng becomes constituted or included in an urban district, or which by Act (3 &4 virtue of any order of the Local Government Board becomes subject to be' super- *« this enactment, the Act passed in the fourth year of the reign of aeded by King William the Fourth, intituled " An Act to repeal an Act of the this Act. eleventh year of Ilis late Majesty King George the Fourth, for the lighting and watching of ])arislies in England and Wales, and to make other provisions in lieu tliereof," has been adopted, the said Act shall be superseded by this Act, and all lamjis, lamp posts, gas-pipes, fire- engines, hose, and other property vested in the inspectors for the time being under the said Act shall vest in the authority having under this Act jurisdiction in such place. Public Pleasure Grounds, &c. Urban au- 164. Any urban authority may purchase or take on lease, lay out, thority may plant, improve, and maintain lands for the purpose of being used as PUBLIC HEALTH ACT, 1875. H9 public walks or pleasure grounds, and may support or contribute to Sec. 164. ihe sui)iioit of i)iiblic walks or pleasure grounds provided by any .^^ person w lioinsoever. places of Anv urban autbority may make bye-laws for tbe regulation of any pui.lic such public walk or pleasure ground, and may by such bye-laws pro- recreation, vide for the removal from such i)ut)lic walk or pleasure ground of any person infringing any such bye-law by any officer of the urban autho- rity or constable. 176. With respect to the purchase of lands by a local authority for Resiulations the purposes of this Act, the following regulations shall be observed ",%'ggP,"/' (that is to say) : land. (1) The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, shall be incorporated with this Act, except the provisions relating to access to the special Act, and except Section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845 : (2) The local authority, before putting in force any of the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, shall— Publish once at the least in each of three consecutive weeks in the month of November, in some local newspaper circulated in their district, an advertisement describing shortly the nature of the undertaking in respect of which the lands are proposed to be taken, naming a place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands that they require ; and shall further Serve a notice in the month of December on every owner or reputed owner, lessee or reputed lessee, and occupier of such lands, defining in each case the par- ticular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neuter in respect of taking such lands: (3) On compliance with the provisions of this section with respect to advertisements and notices, the local authority may, if they think fit, present a petition under their seal to the Local Government Board. The petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners, lessees, and occupiers of lands who have assented, dissented, or are neuter in respect of the taking such lands, or who have returned no answer to the notice; it shall pray that the local siuihority may, with reference to such lands, be allowed to put in force the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Local Government Hoard requires : (4) On the receipt of such petition and on due proof of the pro- per advertisements having been published and notices served the Local Government Board shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made, no 4:20 38 & 39 vict., c. 55. Sec. 176. provisional order shall be made aflfecting any lands without the consent of the owners, lessees, and occupiers thereof : (5) After the completion of such inquiry the Local Government Board may, by provisional order, empower the local autho- rity to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served : Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the provisional order to which such notices refer shall not be held until the expira- tion of one month from the last day of the second of the two months in which the notices are given ; and any notices or orders by this section required to be served on a number of persons having any riglit in, over, or on lands in common may be served on any three or more of such persons on behalf of all such persons. Provision 178. The Chancellor and Council of the Duchy of Lancaster for for lands the time being may, if they think fit (but subject and without pre- the°l)ucliy ° judice to the rights of any lessee, tenant, or occupier), from time to of Lancaster, time contract with any local authority for the sale of, and may (subject as aforesaid) absolutely sell and dispose of, for such sura as the said Chancellor and Council may appear sufKcient consideration, the whole or any part of any lands belonging to Her Majesty, her heirs or successors in right of the said duchy, or any right, interest, or easement in, through, over, or on any such lands which for the purposes of this Act such local authority from time to time deem it expedient to pur- chase; and on payment of the purchase-money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authoritj', under the seal of the said duchy, in the name of Her Majesty, her heirs or successors, the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. Power 183. Any local authority may, by any bye-laws made by them under to impose this Act, impose on offenders against the same such reasonable bre'*\'^^^*f°" penalties as they think fit, not exceeding the sum of five pounds for bye-laws. each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority; but 'all such bye-laws imposing any penalty shall be so framed as to allow of the recovery of any sum less than tlie full amount of the jjcnalty. Nothing in the provisions of any Act incorporated herewith shall authorise tlie imposition or recovery under any bye-laws made in pursuance of such provisions of any greater penalty than the penalties in this section specified. Confirmation 184. Bye-lav/s made by a local authority under this Act shall not of bye-laws, take effect unless and until they have been submitted to and confirmed PUBLIC HEALTH ACT, 1875. 421 by the Local Government Board, which Board is hereby empowered Sec. 184. to allow or disallow the same as it may think proper; nor shall any such bye-!aws he confirmed — Unless notice of intention to apply for confirmation of the same has hcen given in one or more of the local newspapers cir- culated within the district to which such hye-laws relate, one montli at least htfore the making of such application ; and Unless for one month at least before any such application a copy of the proposed hye-laws has been kept at the office of the local authority, and lias been ojien during office liours thereat to the inspection of the ratepayers of the district to which such bye- laws relate, without fee or reward. The clerk of tlie local authority shall, on the application of any such ratepayer, furnisli him with a copy of such proposed bye-laws or any part thereof, on payment of sixpence for every hundred words con- tained in such co])y. A bye-law required to be confirmed by the Local Government Board shall not require confirmation, allowance, or approval by any other authority. 185. All bye-laws made by a local authority under this Act. or for Bj-e-laws to purposes the same as or similar to those of this Act under any local he^priuted, Act, shall be iiriuted and hung up in the office of such authority ; and a copy thcieof shall be delivered to any ratepayer of the district to which such bye-laws relate, on liis application for the same ; a copy of any bye-laws made by a rural authority shall also be transmitted to the overseers of every parish, to which such bye-laws relate, to be deposited with the public documents of the parish, and to be open to the inspection of any ratepayer of the parish at all reasonable hours. 186. A copy of any hye-laws made under this Act by a local autho- Evidence of rity (not being tlie council of a borough), signed and certified by the bye-laws, clerk of such authority to he a true copy and to have been duly confirmed, shall he evidence until the contrary is proved in all legal proceedings of the due making, confirmation, and existence of such bye-laws without further or other proof. 199. Every urban authority (not being tlie council of a borough) Meetings, shall hold an annual meeting, and other meetings for the transaction |f„t'i,°riM. ° of business under this Act once at least in each month, and at such not being other times as mav be necessary for properly executing their powers "'e council and duties under this Act. of a borough. Meetings of local boards shall be held and the proceedings thereat shall be conducted in accordance with the rules as to meetings and proceedings contained in Schedule I to this Act; and any iiiijirove- ment commissioners may, if they think fit, adopt' all or any of such rules. 202. A rural authority (including any committee so formed as afore- Power of said) may, at any meeting specially convened for the purpose, form for 'ural autho- any contributory ])lace within their district a parochial committee pi,focliial consisting wholly of members of such authority or committee, or committees, partly of such members and jiartly of such other persons liable to contribute to the rate levied for the rcliet' of the poor in such con- tributory place, and qualified in such other manner (if any) as the authority forming such parochial committee may determine. A rural authority (including any committee so formed as aforesaid) 422 38 & 39 VICT., c. 55. Sec. 202. may from time to time add to or diminish the number of the members, or otherwise alter the constitution of any parochial committee formed by it, or dissolve any parochial committee. A parochial committee shall be subject to any regulations and restrictions which may be imposed by the authority which formed it: Provided that no jurisdiction shall be given to a parochial com- mittee beyond the limits of the contributory place for which it is formed, and that no powers shall be delegated to a parochial committee except powers which the rural authority could exercise within such contributory place. A parochial committee shall be deemed to be the agents of the authority which formed it, and the appointment of such committee shall not relieve that authority from any obligation imposed on it by Act of Parliament or otherwise. A parochial committee may be empowered by the authority which formed it to incur expenses to an amount not exceeding sucli amount as may be prescribed by sucli authority ; it shall report its expenditure to such authority as and when directed by such authority, and the amount so reported, if legally incurred, shall be discharged by such authority. Mode of 207. All expenses incurred or payable by an urban authority in the expTnses^of ^•''scution of this Act, and not otherwise provided for, shall be cliarged urban on and defrayed out of the district fund and general district rate leviable authority. by them under this Act, subject to the following exceptions (namely) : That if in any district the expenses incurred by an urban authority (being the council of a borough) in the execution of the Sanitary Acts were at the time of the passing of this Act payable out of the borough fund or borough rate, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of the borough fund or borough rate ; and That if in any district the expenses incurred by an urban authority (being improvement commissioners) in the execution of the Sanitary Acts were at the time of the passing of this Act payable out of any rate in the nature of a general district rate leviable by them as such commissioners throughout the whole of their district, then the expenses incurred by that authority in the execution of this Act shall be charged on and defrayed out of such rate ; and for the purposes of this section the council of the borough of Folkestone shall be deemed to be improvement commissioners ; and That where at the time of the passing of this Act the expenses incurred by an urban authority in tiie execution of certain pur])oses of the Sanitary Acts were i)ayable out of the borough fund and .borough rate, and the expenses incurred by such authority in the execution of the other purposes of the said Acts were payaljle out of a rate or rates leviable by that authority throughout the whole of their district for paving, sewering, or other sanitary purposes, then the expenses incurred by that authority in the execution of the same or similar pur- poses respectively under lliis Act shall respectively be charged on and defrayed out of the borough fund and borough rate, and out of the rate or rates leviable as aforesaid. Power in 208. Where at the time of the passing of this Act the expenses certain cases incurred by an urban authority for sanitary purposes are payable byprovi- otherwise than in the manner provided by the Local Government PUBLIC HEALTH ACT, 1875. 423 Acts, the Local Government Board may, on the application of such Sec. 208. authority, (ir of any ten persons rated to tiie relief of the poor within gio„„i order the district, declare by provisional order that the expenses of such to alter authority incurred in the execution of this Act sliall be defrayed out mode, of a district fund and iietieral district rate to be levied by them under this Act, subject to the provisions of this Act with respect to the mode of defraying in certain cases the expenses of the repair of high- ways. General District Rate. 209. In the district of every urban authority whose expenses under District fond this Act are directed to be defrayed out of the district fund and general account, district rate there shall be continued or establislied a fund called the district fund : a separate account called " tlie district fund account" of all moneys carried under this Act to the account of that fund shall be kept by the treasurer of the url)an authority; and such moneys shall be a])piied by the urban autliority in defraying such of tlie expenses chargeable thereon under this Act as they may think proper. 210. For the ptirpose of defraying any expenses chargeable on the Making district fund which that fund is insufficient to meet, the urban authority peneral shall from time to time, as occasion may require, make by writing "'^*'^"^' "^^ *• under their common seal, and levy in addition to any otlier rate leviable by them under this Act, a rate or rates to be called "general district rates." Any such rate may be made and levied either prospectively in order to raise money for the payment of future charges and expenses, or retrospectively in order to raise money for the payment of charges and expenses incurred at any time within six months before the making of the rate: in calculating the period of six months during which the rate may be made retrospectively, the time during whicl\ any appeal or other proceeding relating to such rate is pending shall be excluded. Public notice of intention to make any such rate, and of the time when it is intended to make the same, and of the place where a statement of the proposed rate is deposited for inspection, shall be given hy the urban authority in the week immediately before the day on which the rate is intended to be made, and at least seven days previously thereto ; but in case of proceedings to levy or recover any rate it shall not be necessary to prove that such notice was given. 211. With respect to the assessment and levying of general district rates under this Act the following provisions shall have effect '^"^0^™'^°*' (namely) : general (1) General district rates shall be made and levied on the occupier district rate, of all kinds of property for the time being by law assessable to any rate for the relief of the poor, and shall be assessed on the full net annual value of such property, ascertained by the valuation list for the time being in force, or, if there is none, by the rate for the relief of the poor made next before the making of the assessment under this Act. subject to the following exceptions, regulations, and conditions (namely) : {a) The owner, instead of the occupier, may at the option of the urban authority be rated in cases — Where the rateable value of any premises liable to assessment under this Act does not exceed the sum of ten pounds ; or Where any premises so liable are let to weekly or monthly tenants; or 424 38 & 39 VICT., c. 55. Sec. 211. "Where any premises so liable are let in separate apartments, or where the rents become payable or are collected at any shorter period than quarterly : Provided that in cases where the owner is rated instead of the occupier he shall be assessed on such reduced estimate a.s the urban authority deem reasonable of the net annual value, not being less than two thirds nor more than four fifths of the net annual value; and where such reduced estimate is in respect of tenements wliether occujiied or unoccupied, then such assessment may be made on one half of the amount at which such tenements would be liable to be rated if the same were occupied and the rate were levied on the occupiers. {b) The owner of any titiies, or of any tithe commutation rent charge, or the occupier of any land used as arable, meadow, or j)asture ground only, or as woodlands,* market gardens, or nursery grounds, and the occupier of any land covered with water, or used only as a canal or tovving-i)atb for the sam.e, or as a railway constructed under the powers of any Act of Parliament for public conveyance, shall be assessed in respect of the same in the proportion of one fourth part only of such net annual value thereof, (c) If within any urban district or part of such district any kind of property is exempted from rating by any local Act in respect of all or any of the purposes for which general district rates niay be made under this Act, the same kind of property shall, in respect of the same purposes, and to tlie same extent within the parts to which the exemption applies (but not further or other- wise), be exempt from assessment to any general dis- trict rates under this Act unless the Local Government Board by provisional order otherwise direct. (2) If at the time of making any general district rate any premises in respect of which the rate may be made are unoccupied, such premises shall be included in the rate, but the rate shall not be charged on any person in respect of the same while they • continue to be unoccupied ; and if any such premises are afterwards occupied during any part of the period for which the rate was made, and before the same has been fully paid, the name of the incoming tenant shall be inserted in the rate, and thereupon so much of the rate as at the commencement of his tenancy may be in pro])ortion to the remainder of the said period shall be collected, recovered, and paid in the same manner in all res|)ecis as if the premises had been occupied at the time when the rate was made. (3) If any owner or occupier assessed or liable to any such rate ceases to be owner or occupier of the premises in respect whereof he is so assessed or liable, before tlie end of the period for which the rate was made, aTid before the same is fully paid off, he shall be liable to pay only such part of the rate as may be in proportion to the time during which he continues to be such owner or nccupier ; and in every such case if any person afterwards become owner or occupier of the premises * This sub-section is to be read as if " orchards " and " allotments " were inserted after the word " woodlands " [Public; Health (Rating of Orchards) Act, 1890, and the Allotments Kating Exemption Act, 1891]. See also the Agricultural Kates Act, 1896, noted under Section 29, Local Government Act, 1S9-1, ante. PUBLIC HEALTH ACT, 1875. 425 during part of the said period, lie shall pay such part of the Sec. 211. rate as may he in proportion to the time during which he continues to l)e such owner or occupier, ami the same shall he recovered from him in tiie same manner as if he had heen originally assessed or liahle. (4) The urban authority may divide their district or any street therein into parts for all or any of the purposes of this Act, and from time to time abolish or alter any such divisions, and may make a separate assessment on any such part for all or any of the purposes for which the same is formed ; and every such part, so far as relates to the ])urposes in respect of which such separate assessment is made, shall be exempt from any other assessment under this Act : Provided that if any expenses are incurred or to be incurred in respect of two or more parts in common, the same shall be apportioned between them in a fair and equitable manner. 212. For the purpose of assessing general district rates any person l"spection of appointed by the urban authority may inspect, take copies of, or make iJIIoksfor extracts from any valuation list or rate for the relief of the poor jjurposesof within the district, or any book relating to the same. assessment. Any officer hiiving the custody of any such rate or book who refuses to permit such inspection, or the taking of such copies or extract, shall be liable to a penalty not exceeding five pounds. Higlnvay Rate. 216. In any urban district where tiie expenses under this Act of ^°s*? "'^ the urban authority are charged on and defrayed out of the district [,^Sh^avs fund and general district rates, and no other mode of providing for repair of highways is directed by any local Act, the cost of repair of highways shall be defrayed as follows (that is to say) : (1) Where the whole of the district is rated for works of paving, water supply, and sewerage, or for works for such of these purposes as are provided for in the district, the cost of repair of highways shall be defrayed out of the general district rate : (2) Where parts of the district are not rated for works of paving, water supply, and sewerage, or for such of these purposes as are provided for in the district, the cost of repair of highways in those parts shall be defrayed out of a higlnvay rate to he separately assessed and levied in those parts by the urban authority as surveyor of highways, and the cost of such repair in the residue of the district shall be defrayed out of the general district rate : (3) Where no public works of paving, water supply, and sewerage are established in the district, the cost of repair of highways in the district shall he defrayed out of a highway rate, to be levied throughout the whole district by the urban authority as surveyor of highways : Provided that where part of a parish is included within an urban district, and the excluded part was, before the constitution of that district, liable to contribute to the highway rates for such parish, such excluded jjart shall (unless in the case of an urban district constituted before the passing of this .\ct a resolution (iccidiiig that such excluded part should be formed into a separate highway district has been passed in pursuance of the Local Government .\ct, IST^S (.Viuendment Act) 1861, or unless such excluded part has been included in a highway district under the Highway Acts, for all purposes connected with the repairs of highways and the jiayment of highway rates) he considered to be and be treated as forming part of such district. 426 38 & 39 YICT., C. 55. Sec. 216. Publication and collec- tion of rates. Evidence of rates. Expenses of rural autho- rity. Provided also, that in the case of an urban district constituted after the passing of this Act a meeting of owners and ratepayers of the excluded part (to be convened and conducted in the manner provided by Schedule 3 to this Act) may decide that such excluded part shall be a highway parish, and thereupon tlie excluded part shall for all purposes'^connected with highways, surveyors of highways, and highway rates, be considered and treated as a ])arish maintaining its own highways ; but the requisition for holding any such meeting shall be made within six months after the constitution of the urban district. The court of quarter sessions may by order direct that for any such excluded part a waywarden or waywardens shall be elected, and may invest any waywarden elected in pursuance of any such order with all or any ofthe powers of waywardens under the Highway Acts. 222. All rates made or collected under this Act shall be published in the same manner as poor rates, and shall commence and be payable at such time or times, and shall be made in such manner and form, and be collected by such persons, and either together or separately, or with any other rate or tax, as the urban authority may from time to time appoint : Provided that no publication shall be required of any private improvement rate. 223. The production of the books purporting to contain any rate or assessment made under this Act shall, without any other evidence whatever, he received as 2}rimd facie evidence of the making and validity of the rates mentioned therein. Expenses of Rural Authority. 229. The expenses incurred by a rural authority in the execu- tion of this Act shall be divided into general expenses and special expenses. General expenses (other than those chargeable on owners and occupiers under this Act) shall be the expenses of the establishment and officers of the rural authority, the expenses in relation to disin- fection, the providing conveyance for infected persons, and all other expenses not determined by this Act or by order of the Local Govern- ment Board to be special expenses. Special expenses shall be the expenses of the construction, main- tenance, and cleansing of sewers in any contributory place within the district, the providing a supply of water to any such place, and maintaining any necessary works for that purpose, if and so far as the expenses of such supidy 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 for any contributory place, and all otiier 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. Where the rural authority make any sewers or provide any water supply or execute any other work under this Act for the common benefit of any two or more contributory jdaces within their district, they may apportion the expense of constructing any such work, and of maintaining the same, in such proportions as they think just, between such contributory jjlaces, and any expense so apportioned to any such contributory place shall be deemed to be special expenses legally incurred in respect of such contributory place. The overseers of any contributory place, if aggrieved by any such PUBLIC HEALTH ACT, 1875. 427 apportionment, may, within twenty-one days after notice has been Sec. 229. given to tlieni of the apportionment, send or deliver a memorial to the i^ocal Government Board stating their grounds of complaint, and the said iJoard may make such order in the matter as to it may seem equitable, and the order so made shall be binding and conclusive on all parties concerned. General expenses shall be payable out of a common fund to be raised out of the poor rate of the i)arishes in the district according to the rate- able 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 Definition of places for the purposes of this Act ; that is to say, contributory (1) Every ])arish not having any part of its area within the limits P^*'*' of a special drainage district formed in pursuance of the sanitary Acts or of tliis Act, or of an urban district; and (2) Every such special drainage district as aforesaid; and (3) In the case of a parish wholly situated in a rural district, and jjart of which forms or is part of any such special drainage district as aforesaid, such portion of that parish as is not com- ])rised within such special drainage district ; and (4) In the case of a parish a part of which is situated within an url)an district, such portion of that parish as is not comprised within such urban district, or within any such special drainage district as aforesaid. 230. For the purpose of obtaining payment from the several con- Mode of tributory places within their district of the sums to be contributed by raising lon- them, the rural authoritv shall issue their precept to the overseers of ^"''utious , , ., •, , ... in rural each such contributory place requiring such overseers to pay, within aistrict. a time limited by the precept, the amount specified in such precept to the rural authority or to some person appointed by them, care being taken to issue separate precepts in respect of contributions for general expenses and special expenses, or to make stfch expenses respec- tively separate items in any precept including both classes of expenses. Where a contributory place is part of a parish as defined by this Act, the overseers of such parish shall for the jjurposes of this Act be deemed to be the overseers of such contributory place, and where any part of a contributory place is part of a parish the overseers of such parish shall for the like purposes be deemed to be the overseers of such part of such contributory place. The overseers shall comply with the requisitions of such precept by paying the contribution required in respect of general expenses out of the poor rate of their respective parishes, and with respect to special expenses by raising the contribution required by the levy (in the case of an entire parish on the whole of such parish, and in the case of a contributory place or part of a contributory place forming pai t of a parish, by the levy on such place, or such part thereof, exclusive of the rest of the parish) of a sejjarate rate in the same manner as if it were a rate for the relief of the poor, with this exception (namely) : That the owner of any tithes, or of any tithe commutation rent- charge, or the occupier of any land used as arable meadow or pasture ground only, or as woodlands,* market gardens, or nur- sery grounds, and the occupier of any land covered with watrr, or used as a canal or towing-path for the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance, shall, where a special assessment is made * "Orchards " were added by the Public Health (Rating of OrchardsJ Act, 1890. 4-28 38 & 39 vict., c. 55. Sec. 230. for the purposes of such rate, l)e assessed in respect of one fourth part only of llie rateahle vahie thereof, or where no special assessment is made shall i)ay in respect of the said property one fourth part only of the rate in the pound payable in respect of houses and other property : Provided that where the amount required by any precept or precepts from a contributory place in respect of si)ecial expenses is less than ten pounds, or is so small that a rate less than one penny in the pound would he 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 powers of the overseers in relation to making, assessing, and levying such rate, and as respects the appeal against such rate, and all other incidents thereof except the ]nirposes to which it is applicable, and sucli exem[)tion 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 tlie poor; and the overseers of a parish shall have the same powers of levying such separate rate in a contributory place or part of a contributory place forming part of their parish, as they would have if such contributory place or such part thereof formed the whole of their parish. Where a contribution for general expenses is required from a con- tributory i)lace 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 con- tributory 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 remuneration for the additional duty as the overseers with the consent of the vestry* may determine. The overseers shall at the expiration of their term of office pay any surplus in their hands arising from any separate rate levied in pur- suance of this Act, above the amount for which the rate was made, to the rural authority or to such person as they may appoint, to the credit of the contributory place within which or within part of which such rate was made, and such surplus shall go in reduction of the next call that may be made on such contributory place or such part thereof for the purpose of defraying the expenses incurred by the rural authority. Remedy for 231. If the amount required by any precept of a rural authority non-payment to be paid by the overseers of any ]):uish is not paid in manner by overseers directed by such precept, and within the time specified for that requTred'by purpose, the rural authority shall have the like remedy for precept of recovery from the overseers of such amount as is not paid as rural guardians have for the time being for recovery from overseers of authority. contributions of parishes, and for that purpose the precept of the rural authority requiring the payment shall be conclusive evidence of the amount thereof. * See Section 6 (1) («), Local Government Act, 1894 (p. 78). PUBLIC IIKALTH ACT, 1875. 429 Borrowing Powers. Sec. 233. 233. Any local aiitliorily may, with the sanction of the Local Pu„cr to Government Board, for the purpose of defraying any costs, charges, borrow on and expenses incurred or to he incurred hy them in the; execution of credit ot the Sanitary Acts or of this Act, or for the purpose of discharging any loans contracted under the Sanitary Acts or this Act, borrow or re-l)orro\v, and take up at interest, any sums of money necessary for defraying any sucli costs, cliarges, and expenses, or for discharging any such loans as aforesaid. An urban autliority may liorrow or re-borrow any such sums on the credit of any fund or all or any rates or rate out of which they are authorised to defray expenses incurred by them in the execution of this Act, and for the purjiose of securing tlie repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund or rates or rate. A rural authority may borrow or re-borrow any such sums, if applied or intended to be applied to general expenses of such autho- rity, on the credit of the common fund out of which such expenses are payable, and if applied or intended to be applied to special expenses of such authority, on the credit of any rate or rates out of which such expenses are payable, and for the purpose of securing the repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund, rate, or rates. 234. The exercise of the powers of borrowing conferred by this Regulations Act shall be subject to the following regulations (namely): as to exercise (1) Money shall not be borrowed except for permanent works ''f ''°"°"''"i^ (including under this expression any works of which the cost ought in the opinion of the Local Government Board to be spread over a term of years) : (2) Tlie sum borrowed shall not at any time exceed, with the balances of all the outstanding loans contracted by the local authority under the Sanitary Acts and this Act, in the whole the assessable value for two years of the premises assessable within the district in respect of which such money may be borrowed :* (3) ^Vhere the sura proposed to he borrowed with such balances (if any) would exceed the assessable value for one year of such premises, the Local Government Board shall not give their sanction to such loan until one of their inspectors has held a local inquiry and reported to the said Board: (4) The money may be borrowed for such time, not exceeding sixty years, as the local authority, with the sanction of the Local Government Board, determine in each case; and, sul)ject as aforesaid, the local authority sliall either pay olf the moneys so borrowed by equal annual instalments of principal or of principal and interest, or they shall in every year set apart as a sinking fund, and accumulate in the way of compound interest by investing the same in the purchase of Exchequer bills or other Government securities, such sum as will with accumulations in the way of compound interest be sutficient, after payment of all expenses, to pay oft" the moneys so borrowed within the period sanctioned: (5) A local authority may at any time apjjly the whole or any part of a sinking fund set a))art under this Act in or towards * See Section 12 (1), Local Govenimeut Act, 1894 (p. 104). 430 38 & 39 VICT., C. 55. form of mortgage. Register of mortgages. Sec. 234. the discharge of the moneys for the repayment of which the fund has been established : Provided that they pay into the fund in each year and accumulate until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund on the part of the sinking fund so applied : (6) Where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned, unless with the sanction of the Local Government Board, and shall in no case be extended beyond the period of sixty years from the date of the original loan. Where any urban authority borrow any money for the purpose of defraying private improvement expenses, or expenses in respect of whicli they have determined a part only of the district to be liable, it shall be the duty of such authority, as between the ratepayers of the district, to make good, so far as they can, the money so borrowed, as occasion requires, either out of private improvement rates, or out of a rate levied in such part of the district as aforesaid. 236. Every mortgage authorised to be made under this Act shall he by deed, truly stating the date consideration and the time and place of payment, and shall be sealed with the common seal of the local authority, and may be made according to the form contained in Schedule 4* to this Act, or to the like effect. 237. There shall be kept at the office of the local authority a register of the mortgages on each rate, and within fourteen days after the date of any mortgage an entry shall be made in the register of the number and date thereof, and of the names and description of the parties thereto, as stated in the deed. Every such register shall be open to public inspection during office hours at the said office, without fee or reward ; and any clerk or other person having the custody of the same, refusing to allow such inspection, shall be liable to a penalty not exceeding five pounds. Transfer of 238. Any mortgagee or other person entitled to any mortgage under mortgages, ty^ij ^qi may transfer his estate and interest therein to any other * The form referred to in Schedule 4 is as follows : Form H. Foj-m of Mortgciffe of Rates. By virtue of the Public Health Act, 1875, we the being the local authority under that Act for the district of in consideration of the sura of paid to the treasurer of the said district by A. B. of for the purposes of the said Act, do o-rant and as.sign unto the said A. Ji., his executors, administrators, and assigns, such proportion of the rates arising or accruing by virtue of the said Act from {the rates mortgaged'] as the said sum of doth or shall bear to the whole sum which is or shall be borrowed ou the credit of the said rates, to hold to the said A. B., his executors, administrators, and assigns, from the day of the date hereof until the said sum of with interest at the rate of _ per centum per annum for the same, shall be fully paid and satisfied ; And it is hereby declared, that the said principal sum shall be repaid on the day of at [place of payment']. Dated this day of One thousand eight hundred and \_To be sealed with the common seal of the local authority.] PUBLIC HEALTH ACT, 1875, 431 person by deed duly stamped, truly stating its date and the considera- Sec. 238. tion for the transfer ; and such transfers may he according to the form contained in Scliedule 4* to this Act, or to tiie like etrect. There shall be kept at the office of the local authority a register of the transfers of inorigatce charged on each rate, and within thirty days after the date of such deed of transfer, if executed within the United Kingdom, or within thirty days after its arrival in the United Kingdom if executed elsewhere, tlie same sh:ill he jiroduced to the clerk of the local authority, who shall, on payment of a sum not exceeding five shillings, cause an entry to be made in such register of its date, and of the names and description of the jiarties thereto, as stated in the transfer; and until such entry is made the local authority shall not be in any manner responsil)le to the transferee. On the registration of any transfer the transferee, his executors or administrators, shall be entitled to the full betiofit of the original mortgage and the principal and interest secured thereby ; and any transferee may in lilce manner transfer his estate and interest in any such mortgage ; and no person except the last transferee, his executors or administrators, sliall be entitled to release or discharge any such mortgage or any money secured thereby. If the clerk of the local authority wilfidly neglects or refuses to make in the register any entry by this section required to be made, he shall be liable to a penalty not exceeding twenty pounds. 239. If at the expiration of six months from the time when any Receiver princii)al money or interest has become due on any mortgage of rates "!,p\,ia'ted made under this Act, and after demand in writing, the same is not in certaiu paid, the mortgagee or other person entitled thereto may, without cases. prejudice to any other mode of recovery, apply for the appointment of a receiver to a court of summary jurisdiction ; and such court may, after hearing the parties, appoint in writing under their hands and seals some person to collect and receive the whole or a competent part of the rates liable to the payment of the princijial or interest in respect of which the application is made, until such principal or interest, or both, as the case may be, together with the costs of the application and of collection, are fully paid. On such appointment i)eing made all such rates, or such competent part thereof as aforesaid, shall be paid to the person appointed, and when so jiaid shall be so much money received by or to the use of the mortgagee or mortgagees of such rates, and shall be rateably apportioned between them : * The form referred to in Schedule 4 is as follows :' Form I. Form of Transfer of Mortgage. I, A. £., of , in consideration of the sum of paid to me by C. I)., of , do hereby transfer to the said C. J)., his executors, administrators, and assigns, a certain mortgage, bearing date the day of , and made by the local authority under the Public Health Act, 1875, for the district of for securing the sum of and interest thereon at per centum per annum [or if such transfer be by en- dorsement on the mortgage, insert, instead of the words iminediately following the word ^^ assigns," the within security], and all my right, estate, and interest in and to the money thereby secured, and in and to the rates thereby assigned. In witness whereof I have hereunto set my hand and seal this day of Due thousand eight hundred and A. li. (L.S.) 432 38 & 39 vict., c. 55. Sec. 239. Provided that no such aiiplication shall he entertained unless the .sum or sums due and owing to the applicant amount to one thousand pounds, or unless a joint application is made by two or more mortgagees or other persons to whom there may be due, after such lapse of time and demand as last aforesaid, moneys collectively amounting to that Power cf 242. The Public Works Loan Commissioners may, if they see fit, Loiu'com-'^^ on the application of any local authority, make any loan to such mUsiou'e^sto authority for any of the purposes of this Act on the security of any lend to local fund or rate applicable to any of the purposes of this Act, without authority. recpiiriug any further or other security. Audit where 247. Where an urban authority are not the council of a borough urban autlio- ti,e following regulations with respect to audit shall be observed nty are not a / , n town council (na™ely) : (1) The accounts of the receipts and expenditure under this Act of such authority shall be audited and examined once in every year, as soon as can be after the iwenty-fifth day of March, by the auditor of accounts relating to the relief of the poor for the union in which the district of such authority or the greater part thereof is situate, unless such auditor is a member of the authority whose accounts he is appointed to audit, in which case such accounts shall be audited by such auditor of any adjoining union as may from time to time be appointed by the Local Government Board : (2) There shall be paid to such auditor in respect of each audit under this Act, sucli reasonable remuneration, not being less than two guineas for every day in which he is employed in such audit, as such authority from time to time appoint, to- gether with his expenses of travelling to and from the place of audit : (3) Before each audit such authority shall, after receiving from the auditor the requisite appointment, give at least fourteen days' notice of the time and place at which the same will be made, and of the deposit of accounts required by this section, by advertisement in some one or more of the local newspapers circulated in the district; and the production of the news- paper containing such notice shall be deemed to be sufficient proof of such notice on any proceeding whatsoever: (4) A copy of the accounts duly made up and balanced, together with all rate books, account books, deeds, contracts, accounts, voucliers, and receipts mentioned or referred to in such ac- counts, shall be deposited in the office of such authority, and be open, during office hours thereat, to the inspection of all persons interested for seven clear days before the audit, and all such persons shall be at liberty to take copies of or extracts from the same, without fee or reward ; and any ofiiccr of such authority duly appointed in that behalf neglecting to make up such accounts and books, or alteruig such accounts and books, or allowing them to be altered when so made up, or refusing to allow inspection thereof, shall be liable to a penalty not exceeding five pounds : (5) For the purpose of any audit under this Act, every auditor may, by summons in writing, require the production before him of all books, deeds, contracts, accounts, vouchers, receipts, and other documents and papers which he may deem iieces- PUBLIC HEALTH ACT, 1875. 43.3 sary, and may require any person holding or accountable for Sec. 247. anv such hooks, deeds, contracts, accounts, vouchers, receipts, documents, or papers to api)ear hefore him at any such audit or any adjournment thereof, and to make and sign a declara- tion as to the correctness of the same; and if any such person neglects or refuses so to do, or to produce any such books, deeds, contracts, accounts, vouchers, receipts, documents, or papers, or to make or sign such declaration, he shall incur for every neglect or refusal a penalty not exceeding forty shillings ; and if he falsely or corruptly makes or signs any such declara- tion, knowing tlie same to he untrue in any material parti- cular, he shall be liable to the penalties inflicted on persons guilty of wilful and corrupt perjury: (G) Any ratepayer or owner of property in the district may be pre- sent at the audit, and may make any objection to such ac- counts before the auditor; and such ratepayers and owners shall 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 tiie person making or authorising the making of the illegal payment, and shall charge against any person accounting the amount of any deficiency or loss incurred by the negligence or misconduct of that person, or of any sum which ought to have been but is not brought into account by that person, and shall in every such case certify the amount due from such person, and on application by any party aggrieved shall state in writing the reasons for his decision in respect of such dis- allowance or surcharge, and also of any allowance which he may have made : (8) Anv person aggrieved by disallowance made may apply to the Court of Queen's Bench for a writ of certiorari to remove the disallowance into the said court, in the same manner and sub- ject to the same conditions as are provided in the case of dis- allowances by auditors under the laws for the time being in force with regard to the relief of the poor; and the said court shall have the same powers with respect to allowances, dis- allowances, and surcharges under this Act as it has with respect to disallowances or allowances by the said auditors; or in lieu of such application any person so aggrieved may appeal to the Local Government Board, which boaid shall have the same powers in the case of the appeal as it possesses in the case of appeals against allowances, disallowances, and sur- charges by the said poor law auditors : (9) Every sum certified to be due from any person by an auditor under this Act shall be ])aid by such person to the treasurer of such autliority 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 has been certified to he due by the like process and with the like powers as in the case of sums certified on the audit of the poor rate accounts, and shall lie paid by such authority all such costs and expenses, including a reasonable compensation for loss of time incurred by him in sucli pro- ceedings, as are not recovered by him from such person : (10) Within fourteen days after tlie completion of the audit, the auditor shall report on the accounts audited and examined, 28 434 38 & 39 VICT., c. 55. Sec. 247. Taxation of biUof solicitor or attorney. Auditor to audit ac- counts of officers. Local Government Board may invest rural authority with powers of urban authoritj . Power of Board to direct inquiries. and shall deliver such report to the clerk of such authority, who shall cause the same m be deposited in their office, and shall publish an abstract of s\ich accounts in some one or more of the local newspapers circulated in the district. Where the ])rovisions as to audit of any local Act constituting a board of improvement commissioners are repugnant to or inconsistent with those of this Act, the audit of the accounts of such improvement commissioners shall be conducted in all respects in accordance with the provisions of this Act. 249. On the application of any local authority whose accounts are required by this Act to be audited to the clerk of the peace of the county in which the district of such authority is wholly or in part situated, the said clerk or his deputy shall tax any bill due to any solicitor or attorney in respect of legal business performed on behalf of such authority ; and the allowance of any sum on such taxation shall be prima facie evidence of the reasonableness of the amount, but not of the legality of the charge. The clerk of the peace shall be allowed for such taxation a remu- neration after the rate to be fixed by the master of the Crown Office, and declared by an order of the Local Government Board. If any such bill is not taxed by the clerk of the peace or some other duly authorised taxing officer before being presented to the auditors or auditor, the decision of the auditors or auditor upon the reason- ableness and the legality of the charge shall be final. 250. The accounts under this Act of officers or assistants of any local authority who are required to receive monevs or goods on behalf of such authority shall be audited by the auditors or auditor of the accounts of such authority, with the same powers, incidents, and con- sequences, as in the case of such last-mentioned accounts. 276. The Local Government Board may, on the application of the authority of any rural district, or of persons rated to the relief of the poor, the assessment of whose hereditaments amounts at the least to one tenth of the net rateable value of such district, or of any contributory place therein, by order to be published in the ' London Gazette,' or in such other manner as the Local Government Board may direct, declare any provisions of this Act in force in urban districts to be in force in such rural district or contributory place, and may invest such authority \\ithall or any of the powers, rights, duties, cajiacities, liabilities, and obligations of an urban authority under this Act, and such investment may be made either unconditionally or subject to any conditions to be specified by the lioard as to the time, portion of the district, or manner during at and in which such powers, rights, duties, liabilities, capacities, and obligations arc to he exercised and attach: Provided that an order of the Local Government Board made on the ajjplication of one tenth of the persons rated to the relief of the poor in any contributory place shall not invest the rural autho- rity with any new powers beyond the limits of such contributory jjlace. 293. The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public liealth in any place, or any matters with respect to which their sanction, approval, or consent is required by this Act. rULLIC HEALTH ACT, 1875, 435 294. The Local Government Board may make orders as to the Order* as to costs of inquiries or proceedings instituted by, or of appeals to the said Jj^^r'^g '"' Board under this Act, and as to the parties hy whom or the rales out of which sucli costs shall he home; and every such order may he made a rule of one of the superior courts of law on tiie application of any person named therein. 295. All orders made hy the Local Government Board in pur- Orders of suance of this Act shall he hinding and conclusive in respect of the Uoiird under matters to which they refer, and shall be published in such manner as that Board may direct. 296. Inspectors of the Local Government Board shall, for the Power of purposes of any inquiry directed by the Board, have in relation to inspectors witnesses and their examination, the i)roduction of papers and accounts, G„vernment and the inspection of places and matters required to he inspected, Board. similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts, « Provisional Orders hy Board. 297. With respect to provisional orders authorised to be made by As to pro- the Local Government B.oard under this Act, the following enact- "^jerg^lnade ments shall he made : hv Local (1) The Local Government Board shail not make any provisional Government order under this Act unless public notice of the purport of I^o"'^- the proposed order has tieen previously given by advertise- ment in two successive weeks in some local newspaper circulating in the district to which such provisional order relates : (2) Before making any such provisional order, the Local Govern- ment Board shall consider any objections which may be made thereto by any persons affected thereby, and in cases \\liere the subject-matter is one to which a local in([uiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections. Power of Board to enforce Performance of Duty by Defaulting Local Authority. 299. Where complaint is made to the Local Government Board Proceedings that a local authoritv has made default in providing their district "n coraplHiut • 1 fl- ■ . " • ., • . c ■ . to Board ol With sumcient sewers, or in the maintenance of existing sewers, or in default of providing their district with a su|)p]y of water, in cases where local autho- danger arises to the health of the inhabitants from the insufficiency "^'^y- or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or that a local authority has made default in enforcing any provisions of this Act which it is their duty to enforce, the Local Government Board, if satisfied after due inquiry that the authority has been guilty of the alleged default, shall make an order limiting a time for the performance of their duty in the matter of such complaint. If such duty is not performed by the time limited in the order, such order may he enforced by writ of mandamus, or the Local Government Board may appoint some person to perform such duty, and siiall hy order direct that tiie expenses of performing the same, together with a reasonalile remuneration to the jierson appointed for superin- tending such performance, and amounting to a sum specified in the order, together with tlie costs of the proceedings, shall he paid by 436 38 & 39 VICT., c. 55. Sec. 299. Further pro- vision for recovery of expenses. Power of Board to borrow to defray ex- penses of performing duty of defaulting authority. the authority in default ; and any order made for the payment of such expenses and costs may be removed into the Court of Queen's Bench, and he 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 defaidting local authority shall, in the performance and for the purposes of such duty, be invested with all the powers of such authority other than (save as hereinafter provided) the powers of levying rates; and the Local Government Board may from time to time by order change any person so appointed. 300. Any sum specified in an order of the Local Government Board for payment of the expenses of performing the duty of a defaulting local authority, together with the costs of the proceedings, shall be deemed to be expenses properly incurred by such authority, and to be a debt due from such authority, and payable out of any moneys in the hands of such authority or of their officers, or out of any rate applicable to the payment of any expenses properly incurred by such authority, which rate is in this part of this Act referred to as the " local rate." If the defaulting authority refuses to pay any such sum, with costs, as aforesaid, for a period of fourteen days after demand, the Local Government Board may by order empower any person to levy, by and out of the local rate, such sum (the amount to be specified in the order) as may, in the opinion of the Local Government Hoard, he sufficient to defray the debt so due from the defaulting authority, and all expenses incurred in conse- quence of the non-payment of such debt. Any person or j)ersons so empowered shall have the same powers of levying the local rate, and requiring all officers of the defaulting authority to pay over any moneys in their hands, as the defaulting authority would have in the case of expenses legally payable out of a local rate to be raised by such authority ; and the said person or persons, after repaying all sums of money so due in respect of the order, shall pay the surplus, if any (the amount to be ascertained by the Local Government Board), to or to the order of the defaulting authority. 301. The Local Government Board may from time to time certify the amount of expenses that have been incurred, or an estimate of the expenses about to be incurred, by any person appointed by the said Board under this Act to perform the duty of a defaulting local authority ; also, the amount of any loan required to be raised for the purpose of defraying any expenses that have been so incurred, or are estimated as about to be incurred ; and the certificate of the said Board shall be conclusive as to all matters to which it relates. Whenever the Local Government Board so certifies a loan to be required, the PuIjUc Works Loan Commissioners may advance to the Local Government Board, or to any person appointed as aforesaid, the amount of the loan so certified to be required on the security of the local rate, without requiring any other security; and the Local Government Board, or the person so appointed, may, by any instru- ment duly executed, charge the local rate with the repayment of the principal and interest due in respect of such loan, and every such charge shall have the same effect as if the defaulting local authority were empowered to raise such loan on the security of the local rate and had duly executed an instrument charging the same on the local rate. PUBLIC HEALTH ACT, 1875. 437 302. Any principal money or interest for the time being due Becovervof in respect of any loan under this Act made for payment of the anjinterest. expenses incurred or to be incurred in the performance of the duty of a defaulting local authority shall be taken to be a debt due from such authority, and in addition to any other remedies, may be recovered in the manner iti which a debt due from a defaulting authority may be recovered in pursuance of the provisions of this part of this Act. The surplus (if any) of any such loan, after payment of the expenses aforesaid, shall, on the amount thereof being certified by the Local Government Hoard, be paid to or to the order of the defaulting authority. " Expenses," for the purposes of the provisions of this ])art of this Act relating to defaulting local authorities, shall include all sums payable under those provisions by or by the order of the Local Government Hoard, or the person appointed by that board. SCHEDULE 1.* Rules as to Meetings and Proceedings. (1) Rules applicable to Local Boards. 1. Every local board shall from time to lime make regulations with respect to the summoning notice, place, management, and adjournment of their meetings, and generally with respect to the transaction and management of their business under this Act. 2. No business shall ))e transacted at any such meeting unless at least one third of the full number of members be present thereat, subject to this qualification, that in no case shall a larger quorum than seven members be required. 3. Every local board shall from time to time at their annual meeting appoint one of their number to be chairmant for one year at all meet- ings at which he is present. 4. If the chairman so appointed dies, resigns, or becomes incajjable of acting, another member shall be appointed to be chairman for the period during which the person so dying, resigning, or becoming inca- pable would have been entitled to continue in office and no longer. 5. If the chairman is absent from any meeting at the time appointed for holding the same, the members present shall appoint one of their number to act as chairman thereat. 6. The names of the members present, as well as of those voting on each question, shall be recorded, so as to show whether each vote given was for or against the question. 7. Every question at a meeting shall be decided by a majority of votes of the members present and voting on that question. 8. In case of an equal division of votes the chairman shall have a second or casting vote. * By Section 59 (1), Local Government Act, 1894, the above Schedule, so far as unrepealed, is made upplicable to district councils (except borough councils) and boards of guardians. The portions replaced by dots are repealed by Section 89 (p. 242) and Schedule II (p. 249) of the Local Government Act, 1894. t The proper way of testing the election of a chairman of an urban district council is bv quo warraiUo : Reg. v. Reynolds, Times, 12 May, 1896, and 23 Feb., 1897. 438 38 & 39 vict., c. 55. 9. The proceedings of a local board shall not be invalidated by any vacancy or vacancies among their members, or by any defect in the election of such board, or in the election or selection or qualification of any members thereof. 10. Any minute made of proceedings at a meeting, and copies of any orders made or resolutions passed at a meeting, if purporting to be signed by the chairman of the meeting at which such proceedings took place or such orders were made or resolutions passed, or by the chairman of the next ensuing meeting, shall be received as evidence in all legal proceedings ; and, until the contrary is proved, every meeting where minutes of the proceedings have l)e(;n so made shall be deemed to have been duly convened and held, and all the proceedings thereat to have been duly had. 11. The annual meeting of a local board shall be held as soon as may be convenient after the fifteenth of .-^pril in each year. 12. The first meeting of a local board for a district constituted after the passing of this Act shall be held at such place and on such day (not being more than ten days after the completion of the election) as the returning officer may by written notice to each member of the board appoint; and the members shall appoint one of their number to be chairman at such meeting, and shall also appoint one of their number to be chairman for one year at all meetings at which he is present. 13. Nothing in these rules contained with respect to the appointment of chairman shall apply to the Oxford district, and in that district a chairman shall be appointed as heretofore. (2) Rules applicable to . . . Joint Boards. 1. A . . . joint board may meet and adjourn as it thinks proper. 2. The quorum of a . . . joint board shall consist of such number of members as may be prescribed by the authority that appointed the . . . joint board, or, if no number is prescribed, of three members. 3. A . . . joint board may appoint a chairman of its meetings. 4. If no chairman is elected, or if the chairman elected is not present at the time appointed for holding any meeting, the members present shall choose one of their numl)er to be chairman of such meeting. 5. Every question at a meeting shall be determined by a majority of votes of the members present and voting on that question. 6. In case of an equal division of votes the chairman shall have a second or casting vote. 7. The proceedings of a . . . joint board shall not be invalidated by reason of any vacancy or vacancies amongst their members, or any defect in the mode of appointment of such . . . joint board or of any member thereof. 8. Any minute .made of proceedings at a meeting, and copies of any orders made or resolutions passed at a meeting, purporting to be signed by the chairman of the meeting at which sucli proceedings took place or such orders were made or resolutions passed, or by the chairman of the next ensuing meeting, shall be received as evidence in all legal proceedings; and, until the contrary is proved, every meeting where minutes of the proceeilings have been so made shall be deemed to have been duly convened and held, and all the pro- ceedings thereat to have been duly had. I PUBLIC IMPROVEMENTS ACT, 18 GO. 439 PUBLIC IMPROVEMENTS ACT, 1860. 23 & 24 VICT., c. 30. An Act to enable a Majority of Two Thirds of the Ratepayers of any Parish or District, duly assembled, to rate their District in aid of Public Improvements for general Benefit within their District. \_3rd July, 1860.] Whekkas it is expedient that facility should be ^iven for the purjiose of effectiiiL' local improvements beneficial to the health and eonifort of the people : 15e it therefore enacted by the Queen's most excellent ilajesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. It shall be lawful for the ratepayers of any parish maintaining^ Ratepayers its own poor, the poiiulation of whicli, accordinj^ to the last account iii;iy hold from time to time taken thereof by the authority of Parliament, J"J;"'' '^'^^■> exceeds five hundred persons,* to purchase or lease hinds, and to q, fomnni; accept jjifts and grants of land, for the purpose of forming any public walks, public walk, exercise or play ground, and to levy rates for maintain- ^''•' """^ ''=^> ing the same, and for removal of any nuisances or obstruction to nuiintainin" the free use and enioyment thereof, and for improving any open tlie same, Sec. walk or footpath, or jjlaciiig convenient seats, or shelters from rain, and for other jiurposes of a similar nature. 2. This Act may be adopted for any borough, or for any parish Adoption of having a population of five hundred or upwards (according to the ^^J','"^9*'r^{rv last account for the time taken by authority of Parliament), in the yj^j c. 74. same manner as the Act of tlic ninth and tenth Victoria, Chapter seventy -four,t may be adopted in such borough or parish! 3. Where the Act is adopted in a borough or in such a parish. As to public the provisions of the Act of the ninth and tenth Victoria, Chapter b.itlis and seventy-four, for tlie purposes below specified applicable in the like cases where that Act is adopted, shall take effect for the purposes of this Act, viz. : All the provisions concerning (1) The authority by which and the manner in which the Act is to be carried into execution : (2) Tlie mode of providing the expenses of carrying the Act into execution (excluding the provisions for borrowing money for such expenses) : (3) The appointment (in the ease of a parish) of commissioners, the tenure of ofiice and procedure, and the auilit of their accounts : (4) The powers of the councils and commissioners for the pur- poses of the Act (except the powers of borrowing money). 4. After the adoption of this Act it shall be lawful for the rate- Ratepayeis, payers in meeting assembled to rate such parish to a separate rate, " "•'"'^'^ * This Act may now be adopted in any rural parish by the parish meeting. See Local Government Act, 1S"J4, Section 7. t The Act referred to is the Baths and Washhouscs Act, 1S46, printed aute, page 287. In future, however, the question of adopting this Act will be decided by the parish meeting in rural parishes, and the authority for executing the Act when adopted will be the parish council. Stc Local Government Act, 1894, Section 7 ([1] and [5] — [7], pages 84 and 85). 440 55 & 56 VICT., C. 53. Sec. 4. to be called the " Parish Improvement Rate ;" provided given, to rale that such rate be agreed to by a majority of at least two-thirds* parishes. Corporate hodies mav attend and vote. of the ratepayers assembled at such meeting. 5. Corporate bodies shall be allowed to attend meetings to be held as aforesaid and to vote thereat by some person to be deputed by them for that purpose under their corporate seal. One half of 5. Provided always, that previous to any such rate being imposed costTo'br^'^ a sum in amount not less than at least one-half of the estimated cost of such proposed improvement shall have been raised, given, or collected by private subscription or donation. raised by private sub scription. Amount of rate. 7. Such rate shall not exceed sixpence in the pound. Extent aad application of Act. Limitations on expendi- ture for purposes of Act. PUBLIC LIBRARIES ACT, 1892. 55 & 56 VICT., C. 53. An Act to Consolidate and amend the Law relating to Public Li- braries.f [21th June, 18U2.] Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Adoption of Act and Constitution oj Library Authority. 1. (1) This Act shall extend to every library district for which it is adopted. (2) For the purposes of this Act and subject to the provisions thereof every urban district and every (larish in Enghiiid and Wales which is not within an urbau district shall be a library district.^ (3) Tiiis Act shall have effect as regards any parish which is partly within and partly without an urban district as if the part which is without the district were a separate parish, and the overseers for the parish shall be deemed for the purposes of this Act to be the overseers for that part. 2. (1) A rate or addition to a rate sliall not be levied for the purposes of this Act for any one financial year in any library district to an amount exceeding one penny in the pound. § (2) This Act may be adopted for any library district subject to a condition that the maximum rate or addition to a rate to be levied for the purposes of this Act in the district or in any defined * The words " in value " are repealed by Local Government Act, 1894, Section 89. t For an historical account of previous Acts relating to Public Libraries «e? judgment of Stirliiip: J. in A. G. v. Croydon Corporation (42 Ch. D. 178). The question which arose ir. that case cannot now arise, as the decision as to adopting the Act no longer rests with the ratepayers as such. X The Public Libraries Acts cannot be adopted for part only of a library district. § In calculating the amount which this rate will produce, only the property actually producing and vielding must be taken into account. Compare ex parte Brown ; in re Liverpool (31 L. J. M. C. 108). PUBLIC LIBRARIES ACT, 1892. 441 portion of the district iu any one financial year shall not exct'cd Sec. 2. one lialfpc'iiiiy or sliall not exceed three f'arthinp^s in the pound, hut sucli liuiitiitiou 11' tixed at one halfpenny niiiy he siihseijuently raised to three fhrthings, or alti>j;L-ther removed, or where It is for the time heing tixed at tlnee farthings may he removed. *3. With respect to — Proceedings (or) the adoption of this Act for any library district ;t and foradoption (b) tlie fixing, raising, and removing of any limitation on the" maximum rate to he levied for the purjioses of tills Act; and (c) the ascertaining of the o])inion of the voters with respect to any matter for which their consent is required under this Act; the following provisions shall have effect; that is to say, (1) Any ten or more voters in the lihrary district may address a requisition in writing to the authority hereafter in this section mentioned requiring that authority to ascertain the opinion of the voters in the district with respect to the question or questions stated in the requisition : Provided that where the lihrary district is a niuuicipal horough the reciuisitiou may he made by the council of the borough : (2) On receipt of the requisition tlio said authority shall proceed to ascertain hy means of voting jiapcrs the opinion of tlie voters with respect to the said question or questions ; but the said authority sliall not ascertain the opinion of the voters on any question with respect to the limitation of the I'ate unless required to do so by the reqxiisition, or with respect to any limitation of the rate other than the limita- tions specified in this Act: (3) Tlie procedure for ascertaining the opinion of the voters shall be in accordance with tlie regulations contained in the First Schedule to this Act ; and those regulations shall have effect as If they were enacted in the body of this Act : (4) Every question so submitted to the voters shall he decided by the majority of answers to that question recorded on the valid voting pajiers, and where the majority of those answers are iu favour of the adoption of this Act the same shall forthwith, on the result of the poll being made public, be deemed to he adopted : (5) Where the oiiiiilon of the voters in any library district is ascertained ujton the question as to the adoption of this Act, or upon a question as to the limitation of the rate, no further proceeding shall be taken for ascertaining tlie opinion of tlie voters until the expiration of one year at least from tlie day when the opinion of the voters was last ascertained, that is to say, the day on which the voting papers were collected: (6) The authority to ascertain the opinion of tlie voters for the ))urposes of this section shall be in a nuuiielpal borough the mayor, and in any other urban district the chairman of the urban authority, and in a parish the overseers. * Section 3 is repealed as to urban districts by Section 3 of 56 Vict., c. 11. See post, p. 4o4. t In rural parishes the authority who may adopt this Act is the parish nioeting : Local Uovcrnnuiit A(-t, 1894, Section 7. The decision of tlie parish meeting is tinal unless a poll be demanded before the close of tlie lueetinsj, in which case tlie poll is taken as provided by Section 48 of the Local Government Act, 1894. 442 55 & 5G VICT., C. 53. Act when adopted to be executed by library fiuthority. Constitution of conimis- Bioiieis lor executing; Act in parish. Rotntion of commis- sioners. Meetings of commis- sioners. Proceedings of commis- sioners to be recorded. 4. This Act when adopted for any library district shall be carried into execution, if the library district is an urban district, by the urban authority, and if it is a parish by the commissioners appointed under this Act; * and any such authority or commis- sioners executing this Act are hereinafter referred to as a "library authority." 5. (1) Where this Act is adopted for any parisli * the vestry shall forthwith appoint not less thiin three nor more than nine voters in the parish to be commissioners for carrying this Act into execution. (2) The commissioners shall be a body corporate by the name of *' Tlie Commissioners for Public Libraries and Museums tor the parish of , in the county of ," and shall have perpetual succession and a common seal, with power to acquire and hold lands for the purposes of this Act, without any licence in mortmain. 6. (1) The commissioners * shall, as soon as conveniently may be after tlieir appointment, divide tliemselves by agreement, or in default of agreement, by ballot, into three classes, one third or as nearly as may be one third of them being in each case. (2/ The otiices of the first class shall be vacated at the expiration of one year, the offices of the second class at the expiration of two years, and the offices of tlie third class at the expiration of three years from the time of their appointment. (3) The offices of vacating commissioners shall be filled by an equal number of new commissioners to be appointed by the vestry from among the voters in the parish ; and every newly elected commissioner shall hold his office for the term of three years from the date when the office became vacant, and no longer, unless re-elected; but a person, on ceasing to be a commissioner, shall, unless disqualified, be re-eligible. (4) Any casual vacancy among the commissioners, whether arising by death, resignation, incapacity, or otherwise, shall as soon as may be after the occurrence thereof be filkd up by the vestry ; but the term of office of a commissioner appointed to fill up a casual vacancy shall expire at the date at which the term of office of the commissioner in whose place he is appointed would have expired. 7. The commissioners * shall meet at least once in every month, and at such other times as they think fit, at some convenient place; and anyone commissioner may summon a special meeting by giving three clear days' notice in writing to each commissioner, specifying therein the purpose for which the meeting is called. Business shall not be transacted at any meeting of the commissioners unless at least two of them are present. 8. All orders and proceedings of the commissioners * shall be entered in books to be kept for that purpose, and shall be signed by the commissioners or any two of them ; and all such orders and proceedings so entered, and purporting to be so signed, shall be deemed to be original orders and proceedings, and such books may be produced and read as evidence of all such orders and proceedings upon any judicial proceeding. * In future in rural parishes, the parish council, where there is one, will be the library authority. See Local Government Act, 1894, Section 7 C7). PUBLIC LIBKARIKS ACT, 1892. 443 9. (1) Where this Act is adopted for any two or more neigh- ^o"'*'' to bouring parishes, the vestries of tlio^e parishes may by ngreenieiit neiglibouring combine for any period iu carrying iliis Act into execution, and the parishes to expenses of carrying this Act into execution shall be defrayed by combine. the parishes in such proportions as may be agreed on by the vestries. (2) The vestry of each of the said parishes shall a])])oint not more than six commissioners in accordance with the provisions of this Act, and the commissioners so appointed for the several parishes shall form one body of commissioners, and shall act accord- ingly m the execution of this Act. 10. Where the voters in a parish adjoining or near any library Power to district for which either this Act has been adopted, or the adoption ''""j^j^ ^^ thereof is contemplated, consent to such parish being annexed to adjoining the said district, such parish, subject to the consent of the library district, authority of the said district being also given, shall be annexed to and form part of that district for the purposes of this Act; the vestry of such parish shall appoint not more than six commissioners in accordiince with the provisions of this Act, and the commis- sioners so from time to time ajipoiiitcd shall during their respective terms of office be deemed for all the purposes of this Act to be members of the library authority of the said district. Execution of Act. 11. (1) The library authority* of any library district for which Provision this Act has been adopted mav, subiect to the provisions of this "' ''■""'"''^s. Act, provide all or any of the following institutions, namely, public ;,nd sclioo'ls libraries, t public museums, schools for science, art galleries, and of science schools for art, and for that purpose may purchase and hire laud, "u'*^'''- and erect, take down, rebuild, alter, repair, and extend buildings, and fit up, furnish, and supply the same with all requisite furni- ture, fittings, and conveniences. (2) Where any of the institutions mentioned in this section has been established either before or after the passing of this Act by any library authority under this Act or the Acts hereby repealed, that authority may establish in connection therewith any other of the said institutions without furiher proceedings being taken with respect to the adoption of this Act. (3) No charge shall be made for admission to a library or museum provided under this Act for any library district, or, iu the case of a lending library, for the use thereof by the inhabitants of the district ; but the library authority, if they think fit, may grant the use of a lending library to persons not being inhabitants of the district, either gratuitously or for payment. 12." (I) For the purpose of the purchase of land nnder this Act Provision as by a library authority the Lands Clauses Acts, with the exception of toacQU'sitioQ ,, . ."' 1 i^- 1. i.1 -1 c ^ J ^\ • iu I and disposal tlie provisions relating to the purchase of land otherwise than by of land. agreement, shall be incorporated with this Act. (2) The library authority of any library district which is an urban district may with the sanction of the Local Government Hoard appropriate for the purposes of this Act any land which is vested in that authority. (3) A library authority may with the sanction of the Local • As to library authority see Section 4. t -A- public liln-ary is a literary institution exempt from income fax under the Income Tax Act, 1842 (Manchester Corporation v. M'Adam, 1896. A. C. 500), 444 55 & 56 VICT., c. 53. Sec. 12. Government Board sell any land vested in them for the purposes of this Act, or exchange any such land for other land better adapted for those purposes, and the money arising: i'rom the sale or received by way of equality of exchange, shall be applied in or towards the purchase of other land better adai)ted for the said purposes, or may be applied for any purpose for which capital money may be applied, and which is approved by the Local Government Board. (4) A library authority may let a house or building, or any part thereof, or any land vested in them for the purposes of the Act, which is not at the time of such letting required for those purposes, and shall apply the rents and profits thereof for the purposes of this Act. Power to 13. (1) Any person holding land for ecclesiastical, parochial, sp"* or charitable purposes may, subject as hereinafter provided, grant, fe S""l's or convey, by way of gift, sale, or exchange, for any of the pur- of this Act. poses of this Act any quantity of such land, not exceeding in any one case one acre, in any manner vested in such person. (2) Provided that— (a) ecclesiastical property shall not be granted or conveyed for those purposes witiiout the consent of the Ecclesiastical Commissioners; and (b) parochial property shall not be so granted or conveyed save by the hoard of guardians of the poor law union comprising tiie parish to which the property belongs, or witiiout the consent of the Local Government Board; and (c) other charitable property shall not be so granted or conveyed without the consent of the Charity Commissioners; and (d) the land taken in exchange or the money received for such sale shall be held on the same trusts as the laud exchanged or sold ; and (e) land situated in the administrative county of London, or in any urban district containing according to the last published census for the time being over twenty thousand inhabitants, which is held on trusts to be preserved as an open space, or on trusts which prohibit building thereon, shall not be granted or conveyed for the purposes of this Act. (3) Any land granted or conveyed to any library authority under this section may be held by that authority without any licence in mortmain. Vesting of 14. All land appropriated, purchased, or rented, and all other property in real and personal property presented to or purchased or acquired library f^j, ^^y library, museum, art gallery, or school under this Act shall authority. ^^ ^^^^^.^^j j^^ ^j^^ library authority. 15. (1) The general management, regulation, and control of every library, museum, art gallery, and school provided under this Act shall be vested in and exercised by the library authority, and that authority may provide therein books, newspapers, maps, and specimens of art and science, and cause the same to be bound and repaired when necessary. (2) The library authority may also appoint salaried officers and servants, and dismiss them, and make regulations tor the safety Management of libraries, &c., by library authority or committee. * As to library authority see Section 4. PUBLIC LIBRARIES ACT, 1892, 445 and use of every library, museum, gallery, and school under their Sec. 15. control, and for tlie admission of the public thereto. (3) Provided that a library authority beiug' an urban authority may if tlicy think fit ai>()oint a conimiltee and delegate to it all or any of their jiowers and duties under this section, and the said comiiiittee shall to the extent of such delegation be deemed to be the library authority.* Per.-ons a])|i()inti'd to bi' members of the commiltee need not be members of tlio urban authority. 16. (1) The commissioners separately appointed for any two or Power to more parishes for which this Act has been atlopted may with the '■'"■"y . £ , , , . 1 i- ti • 1 i 1 • authorities consent oi the voters in each ot tliose parishes agree to share m (^ nmijg such proportions and for such period as may be determined by the Hgreements agreement the cost of the purchase, erection, rejiair, and mainten- lor use of ance of any library building situate in one of those parishes, and """'y' also the cost of the purchase of books and newspapers for such library, and all other exj)enses connected with the same. (2) The library authority of any library district may with the consent of the voters in the district and of the county commissioners make the like agreement with the governing body of any library established or maintained out of funds subject to the jurisdiction of the Charity Commissioners, and situate in or near the library district, and, in case of inability, objection, or failure on the part of the governing body to enter into such agreement, the Charity Commissioners may, if they think lit, become party to the agree- ment on behalf of the governing body. (3) This section shall apply, with the necessary modifications, to - a museum, school for science, art gallery, or school for art in like manner as a library, 17. "Where a library authority accepts a grant out of money Power to provided by Parliament from the Department of Science and Art li'irary towards the purchase of the site, or the erection, enlargement, ''" °"'-^ or rejiair of any school for science and art, or school for science, parliameii- or school for art, or of the residence of a teacher in any such school, tary grant. or towards the furnishing of any such school, that authority may accept the grant upon the conditions prescribed by the Department of Science and Art, and may execute any instruments required by that Department for carrying into effect those conditions, and upon payment of the grant shall be bound by such conditions and instruments, and have power and be bound to fulfil and observe the same, Financial Provisions. 18. (1) The expenses incurred in a library district in and Expenses ol incidental to the execution of this Act, iiicluiling all expenses in '•'"■afy. connection with ascertaining the ojiinion of the voters in the ^,0^'"^' ^ district, may be defrayed, — defrayed, (ff) where the library district is a municipal borough, out of the borough fund or borough rate, or a sei)arate rate to be made, assessed, and levied in like manner as the borough rate; and (6) where the library district is an urban district other than a borough, out of the rate applicable lo the general expenses incurred in the execution of the Public Health Acts, or a separate rate to be made, assessed, and levied in like manner as the rate so applicable ; and * As to library authority see Section 4. 446 55 & 56 VICT., C. 53. Sec. 18. (c) wheie the library district is a parish, out of a rate to be raised witli and a.s part of the poor rate, subject, however, to this qualification, that every person assessed to the poor rate in tlie said parisli in respect of lands used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, shall be entitled to an allowance of two thirds of the sura assessed upon hira in respect of those lands for the purposes of this Act.* (2) Where the library district is a parish, and is not combined with any other parish for the execution of this Act, then — (i) such araount only shall be raised out of a rate for the purposes of this Act as is from time to time sanctioned by the vestry of the parish ; and (ii) the vestry to be called for the purpose of sanctioning the amount shall be convened in the manner usual iu the parish ; and (iii) the amount for the time being proposed to be raised for the uurposes of this Act shall be expressed in the notice conven- ing the vestry, and (if sanctioned) shall be paid according to the order of the vestry to such person as may be appointed by the library authority to receive it ; and (iv) in the notices requiring the payment of the rate there shall be stated the proportion which the amount to be thereby raised for the purposes of this Act bears to the total amount of the rate. (3) Where a parish or a part of a parish is annexed in " pursuance of this Act to any library district, so much of the said expenses as is chargeable to such parish or pai't shall be defrayed in like manner as if such parish or part were a separate library district, but the sanction of the vestry shall not be required for raising the sums from time to time due from the parish for meeting those expenses. 19. (1) Every library authority,t with the sanction of the Local Government Board, and in the case of a library authority being commissioners appointed for a parish, with the sanction also of the vestry of such parish, may borrow money for the purposes of this Act on the security of any fund or rate applicable for those purposes. (2) Sections two hundred and thirty-three, two hundred and thirty-four, and two hundred and thirty-six to two hundred and 38&39Vict., thirty-ninc,t both inclusive, of the Public Health Act, 1875, ''■ ^^' relatiug to borrowing by a local authority shall apply, with the necessary modifications, to all money borrowed by any library authority for the purposes of this Act, as if the library authority were an urban authority, and as if references to this Act were substituted in those sections and in the forms therein mentioned for references to the Public Health Act, 1875. (3) The Public Works Loan Commissioners may in manner pro- vided by the Public Works Loans Act, 1875, lend any money which may be borrowed by a library authority for the purposes of this Act.§ 20. (1) Separate accounts shall be kept of the receipts and expenditure under this Act of every library authority and their ~*"Cf. Agricultural Rates Act, 1896, p. 147. t As to libi-ary authority see Section 4. t tSce page 429, a7itc. 9 In London money may be borrowed from the London County Council. iSee Section 7, London County Council (Money) Act, 1894, and the corresponding, section in subsequent (annual) Money Acts. Borrowiuji; by library authority. Accounts uud audit PUBLIC IJHKAUIES ACT, 1892. 447 officers, and those accounts shall be audited* in like manner and Sec. 20. with tlie like incidents aiid consequences, in the case of a library authority being an urban authority, and of their officers, as the accounts of the receipts and expentliture of that authority and their officers under tlie Public Health Acts. (2) Tlie accounts of the receii)ts und expenditure of a library authority being couiniissioners appointed uiuIlt this Act, and of tlieir officers, siiall be audited yearly by a district auditor in like manner and with the like incidents and consecjuenci-s as in the case of an audit uneier tlie Acts relating to the relief of tlie poor, and those commissioners shall be a local authority within the meaning of the District Auditors Act, 1879. 42 & •« Vict., (3) The accounts of the receipts and expenditure under this Act '^- ^■ of any library authority other than the council of a municipal borough shall be open at all reasonable liines to the inspection, tree of charge, of any ratepayer in the library district, and any such ratepayer may without charge make copies of and extracts from those accounts; and if any library authority or any person being a member thereof or employed by them and having the custody of the accounts fails to allow the accounts to be inspected, or copies or extracts to be made, as required Ijy this section, such authority or person shall for each offence be liable on summary couviction in manner provided by the Summary Jurisdiction Acts to a tine not exceeding tive pounds. Provisions affecting London only. 21. (1) The City of London shall be a library district, and on Application this Act being adopted for the city, the common council shall be of Act to ., ,-, ^^y -f J. •' citv of the library authority.f _ _ _ Loiidon. (2) The opinion of the voters in the city of London with respect to any question under this Act shall be ascertained by the mayor on the requisition of the common council. (3) The expenses incurred in the city of London in and inci- dental to the execution of this Act, including all expenses iu connection with ascertaining the opinion of the voters, shall be defrayed out of the consolidated rate levied by the commissioners of sewers, or a separate rate to be made, assessed, and levied by those commissioners iu like manner as the consolidated rate. (-1) So much of this Act as limits the rate or addition to a rate to be levied in any library district for any one financial year to one penny iu the pound shall not extend to the city of London. 22. Every district mentioned in Schedule B to the Metropolis pQj^-gj for Management Act, 1855, as amended by any subsequent Acts, shall district in be a library district, and the provisions of this Act shall apply Loudon to accordingly with the following moditications : — ]s*sri9Vict (1) The opinion of the voters in any such district with respect c. 120. to any question under this Act shall be ascertained by the district board on the requisition in writing of any ten or more of such voters : (2) The library authority for such district shall be commissioners appointed by the district board, and the provisions of this Act relating to commissioners appointed for a parish shall apply with the substitution of "district" for "parish" and of " district board " for '' vestry " : * See Section 58 Local Government Act, 189-1. t As to library authority see Section 4. 448 55 & 56 vict., c. 53. Sec. 22. (3) The expenses incurred in any such district in and incidental to the execution of this Act, iiichidiug all expenses in con- nection with ascertaining tlie opinion of the voters, shall to sucli amount as is sanctioned hy the district board be defrayed by tlie board in like manner as if they had been incurred for the general purposes of the Metropolis Management Act, 1855, and tlie sums from time to time required for defraying those expenses, to the extent so sanctioned, shall be paid by the district board to any pei'son appointed by the commissioners to receive the same ; but nothing in this enactment shall enable a district board to levy for the purposes of this Act any greater sum in any financial year than the amount produced by a rate of one penny in the pound, or any less rate specially fixed for the purpose of this Act in the district : (4) The enactments authorising two or more neighbouring parishes to combine in carrying this Act into execution shall have eti'ect as if any such district were included in the term " parish " and the district board of such district in the term " vestry " : (5) Where a parish in any such district has adopted the Acts hereby repealed or any of them, or hereafter adopts this Act, it shall be treated in all respects for the purposes of this Act as if it were outside the district, and, in particular — (a) a person shall not, by reason of being a voter in the parish, be accounted for the purposes of this section as a voter in the district; and (b) a representative of the parish on the district board shall not take part in any proceeding of the board under this section ; and (c) the parish shall not be called on to contribute to the payment of any expenses incuri'ed in pursuance of this section ; and (d) any question of accounts arising between the parish and the other parishes in the district, or between the parish and the district, in consequence of this section, shall be decided finally by the Local Government Board : (G) After the adoption of this Act for any such district, proceedings shall not, except with the sanction of the Local Government Board, be taken for the separate adop- tion thereof for any parish in the district. Power to 23. The vestry or district board constituted under the Metropolis vestry or Management Act, 1855, for any parish mentioned in Schedule A district board ^j. (district mentioned in Schedule B to that Act, as amended by appropriate '^"J subsequent Acts, may, if this Act is in force in such parish or land for district, appropriate with the sanction of the Local Government library, &c. Board for the purposes of this Act any land which is vested in such vestry or board. Supplemental Provisions. Adjustment 24. Any agreement under this Act between two or more vestries of interests or library authorities, or between a library authority and any other t^n^oT"'""' ^ody, may provide that on the termination of the agreement an agreement, adjustment shall be made of the interests of the several parties PUBLIC LIBRARIES ACT, 1892. 449 thereto in any property to the provision of which they have Sec. 24. contributed, and as to the mode in which the adjustment shall he arrived at, and in the event of any dispute the adjustment shall on the application of any of the parties be maile by an arbitrator appointed by the Local Government Board. 25. Nothing in this Act shall interfere with the operation of the Act Saving for of the session of tlie tweiity-eiphth and twenty-ninth years of the O^ord. reign of Her present Majesty, chapter one hundred and eight, so far as it relates to the collection of arate for a public library in Oxford. •26. For the purposes of this Act the vestry of a parish shall he Constitution any body of persons acting by virtue of any Act of Parliament as "'"^ proceed- or instead of a vestry, and, where there is no such body, shall be vMtry for the inhabitants of the parish in vestry assembled, but in the latter purposes of case the persons registered as county electors in respect of the ■^'^'■• occupation of property situate in the parish, and no other persons, shall be members of the vestry, 27. In this Act, unless the context otherwise requires,* — Definitions, the expression " urban district " means a municipal borough. Improvement Act district, or local government district; and "urban authority" means, as regards each such district, the council, improvement commissioners, or local board : the expression " financial year " means the period of twelve months for which the accounts of a library authority are made up : the expression " voter " means a person who is registered as a county elector or enrolled as a burgess in respect of the occupation of property situate in the district or parish in connection with which the voter is mentioned : the expression "overseers" includes any persons authorised and required to make and levy poor rates in a parish, and acting instead of overseers : the expression " common council " means in relation to the city of London the mayor, commonalty, and citizens, acting by the mayor, aldermen, and commoig in common council assembled. ^ 28. (1) The Acts mentioned in the second Schedule to this Repeal. Act shall be repealed as from the commencement of this Act, save so far as any of them extend beyond England and Wales; and where those Acts have been adopted for any library district, that adoption shall be deemed to have been an adoption of this Act, and this Act shall apply accordingly. (2) For the purpose of this section the said Acts shall he deemed to have been adopted for any district in which they were in force immediately before the commencement of this Act. 29. Nothing in this Act shall be deemed to limit, or to reduce Saving aa to or alter the limit of any rate which any library authority is local Acts authorised to levy under or by virtue of any local Act. 30. This Act shall come into operation on the first day of Commence- Octeber next after the passing thereof. ment. 31. This Act may be cited as the Public Libraries Act, 1892. short title. * For definition of " librarv authority " see Sections 4^ 15 (3), and 22. 29 450 55 & 56 VICT., c. 53. Section 3. SCHEDULES. FIRST SCHEDULE. Ee&itlations roK Asoebtaining the Opinion of the Voters IN A LiBRAET DISTRICT.* In these regulations the expression "presiding officer" means, in relation to any library district, the authority required under this Act to ascertain the opinion of the voters in that district on any question, or a person appointed by that authority, and that authority is referred to in these regulations as the " district authority." Part I. — Procedure by Voting Papers. 1. The district authority shall, before the day appointed for the issuing of the voting papers, provide the presiding officer with a copy of the burgess roll or county register, as the case may be, or of the part or parts thereof containing the names of all the voters in the library district. 2. On the day appointed for issuing the voting papers the pre- siding officer shall send by post or cause to be delivered to every voter at his address appearing in the roll or register a voting paper in the form contained in Part II of this schedule or to the like effect. 3. Every voting paper shall bear the number of the voter on the roll or register, as the case may he, and shall contain directions to the voter, in accordance with these regulations, as to the day on which and the hours within which the voting paper is to be collected or sent, and as to the place at which, if sent, it will be received. 4. The district authority shall, before the issue of the voting papers, appoint such a number of competent persons as may be necessary to collect and receive the voting papers and to assist in the scrutiny thereof on such terms and for such remuneration as may be reasonable, and shall also appoint a convenient place within the district at which the voting papers are to be received, but the district authority shall not be required to collect any voting papers which have been sent by them to addresses beyond the limits of the district. 5. Voting papers shall be collected between 8 a.m. and 8 p.m. of the third day after that on which they were issued. Such day is hereinafter in these regulations referred to as the polling day, and such last-mentioned hour is hereinafter referred to as the " conclusion of the poll." 6. A voting paper shall not after collection be delivered up to any person except the presiding officer or a person appointed to receive voting papers, ♦ In rural parishes the parish meeting will be the authority to decide as to the adoption of this Act. If a poll is taken in a rural parish, it will be taken in accordance with Section 48 of the Local Government Act, 1894 (see Tpp. 189 and 463). As regards urban dis- tricts these regulations are superseded by the Public Libraries Act, 1893 (page 453). PUBLIC LIBRARIES ACT, 1892. 451 7. The persons appointed to collect the voting papers shall, either before or as soon as may be iifter the conclusion of the poll, deliver the voting papers collected by them to the presiding officer or to a person appointed to receive the same. 8. A voting paper may be sent by prepaid post or by hand to the presiding officer at the place appointed by the district authority for the receipt thereof, so that it lie received by the presiding officer at such appointed place before the conclusion of the poll. Voting papers, except those collected by persons appointed by the district authority, shall not be received at the appointed place after the conclusion of the poll. 0. Every person appointed to collect voting papers shall be appointed in writing by the district autliority, and shall carry such writing with him while employed in the collection, and shall show it to any voter who may require him to do so. If any person so appointed fails to comply with this regulation, or if any unauthorised person fraudulently receives or induces any voter to part with a voting paper, such person shall be guilty of a mis- demeanor, and liable, on conviction, to imprisonment for a term not exceeding six months, or to a tine not exceeding twenty pounds, or to both imprisonment and fine. 10. A voting paper which contains the answers "yes" or " no " to any question put to the voters and is duly signed shall be deemed to be a valid voting paper with resjiect to that question. A voting paper shall be deemed to be duly signed if signed by the voter with his full name or ordinary signature. 11. Where any voter is unable to write he may cause his voting paper to be filled up by another person. In such case he shall attach his mark to the voting paper, and such mark shall be attested by such other person, who shall sign his name and append his address thereto. A voting paper to which such mark is attached, and which is duly attested, shall be deemed to be duly signed. 12. Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, knoxving that the same does not bear the true answer or signature of the voter to whom it was sent or intended to be sent, shall be guilty of personation, and liable to the penalties of that offence, as provided by the 35 & 36 Vict Ballot Act, 1872. ''• ^^■ 13. The presiding officer shall, as soon as may be after the conclusion of the poll, proceed to a scrutiny of the voting papers, and shall compare the same with his copy of the roll or register, and ascertain how^ far the voting papers have been duly signed by the voters. 14. A question put to the voters shall be deemed to be answered and determined in the affirmative or negative, according as the majority of valid voting jiapers returned contain the answer " yes " or " no " to that question. 15. Immediately on the conclusion of the scrutiny the pre- siding officer shall report to the district ;iuthority the number of voters who have voted "yes" and "no" respectively to each question put to them, and the number of voting papers which are invalid. 16. The presiding officer shall seal up in separate packets the 452 55 & 56 VICT., c. 53. valid and the invalid voting papers respectively, and shall transmit them, together with his report, to the district authority. 17. Upon receiving the report of the presiding officer the district authority shall cause the result of the poll to be made public in such manner as they think fit. Paet II. — FoKM OF Voting Papee. Fublic Libraries Act, 1892. BOHOUGH (Parish or other Library District) of No. (Here insert number of voter in burgess roll or county register, as the case may be.) To he omitted if Libraries Act already adopted.'] iTo be omitted if no question stated in the requisition as to limita- tion of rate.] Question 1 Question 2 {To be omitted if HO such question raised.'] Question 3 Are you in favour of the adoption of the Public Libraries Act, 1892, for the borough {or parish, ^e.) of Are you in favour of the rate being limited to one halfpenny in the pound ? {Or to three farthings, or of the existing limitation of the rate under the Public Libraries Act, 1892, being removed, or of the ex- isting limitation to one halfpenny being raised to three farthings, as the case may require) Are you in favour of an agreement being made with {here designate the body or bodies, according to section ten or section sixteen of this Act) for the purpose of {briefly state ob- jects of proposed agreement) Answer 1. {To be filled in 'Yes "or "No.") Answer 2. {To he filled in 'Yes "or "No.") Answer 3. {To be filled in 'Yes "or "No.") Note. . • Signature of Voter. 1. This voting paper will be collected by an authorised collector between the hours of 8 a.m. and 8 p.m. on day, the 18 {insert polling day), er may be sent by prepaid post or by hand, addressed to {state name or designation of presiding officer, and place appointed by the district authority). If it is sent it must be received at that address before 8 p.m. on the above-mentioned day. 2. You may require the collector to sliow his authority in writing. No authority is valid unless it is (signed by A.B., or sealed, or as the district authority may direct). PUBLIC LIBRARIES (AMENDMENT) ACT, 1893. 453 SECOND SCHEDULE. Section 28. Acts Repealed. Session and Chapter. Short Title. 18 & 19 Vict., c. 70 The Public Libraries Act, 1855. 29 & 30 Vict., c. 114 The Public Librarifs Amendment Act (Eng- land and Scotland), 1866. .34 & 35 Vict., c. 71 The Public Libraries Act, 1855, Amendment Act, 1871. 17 & 48 Vict., c. 37 The Public Libraries Act, 1884. 50 & 51 Vict., c. 22 The Public Libraries Acts Amendment Act, 1887. 52 & 53 Vict., c. 9 The Public Libraries Acts Amendment Act, 1889. 53 & 54 Vict., c. 68 The Public Libraries Acts Amendment Act, I 1890. PUBLIC LIBRARIES (AMENDMENT) A.v.ms. ACT, 1893. 56 VICT., C. 11. An Act to amend the Public Libraries Act, 1892. [9th June, 1893.] Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited as the Public Libraries (Amendment) Sliort_ title, Act, 1893, and shall be construed as one with the Public Libraries Soj^oG Vict., Act, 1892 (in this Act referred to as the principal Act), and these two Acts may be together cited us the Public Libraries Acts, 1892 and 1893. 2. (1) Where a library district is an urban district— ^'to ado"°" (i) The principal Act may, subject to the conditions contained {joj, ^^ in the second section of that Act, be adopted, and the limita- iu urbaji tion of the maximum rate to be levied for the purposes of districts. that Act may within the limits fixed by that Act be fixed, raised, or removed, by a resolution of the urban authority under this Act :* (ii) The consent of the urban authority given by a resolution of that authority under this Act shall be substituted in an urban district for the consent of the voters in any case when the consent of the voters is required under the principal Act, * The PubUc Libraries Acts cannot be adopted for part only, of a library district. 454 56 VICT., c. 11. Sec. 2. Provision as to a resolu- tion of an urban autho- rity for the adoption, &c., of the principal Act. Power to two or more library authorities to combine. (2) Section three of the principal Act is hereby repealed, so far as it relates to an urban district. 3. (1) A resolution under this Act shall be passed at a meeting of the urban authority and one month at least before the meeting special notice of the meeting and of the intention to propose the resolution shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it, if it is either — (a) given in the mode in which notices to attend meetings of the authority are usually given ; or (b) where there is no such mode, then signed by the clerk of the authority, and delivered to the member or left at his usual or last known place of abode in England, or forwarded by post in a prepaid letter, addressed to the member at his usual or last known place of abode in England. (2) The resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority, and by causing notice thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually fixed, and otherwise in such manner as the authority thiuk sufficient for giving notice thereof to all persons interested, and shall come into operation at a time not less than one month after the first publication of the advertisement of the resolution as the authority may by the resolution fix.* (3) A copy of the resolution shall be sent to the Local Government I5oard. (4) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown ; and no objection to the effect of the resolution, on the ground that notice of the intention to propose the same was not duly given, or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first advertisement. 4. (1) Where the principal Act is adopted for two or more neighbouring urban districts, the library authorities of those districts may by agreement combine for any period for carrying the Act into execution ; and the expenses of carrying the Act into execution shall be defrayed by such authorities in such proportions as may be agreed on by them. (2) For the purposes of the Act a joint committee may be formed, the members whereof shall be appointed by the several combining authorities in such proportions as may be agreed on, but need not be members of any of the combining authorities. Any such committee shall have such of of the powers of a library authority under the principal Act, except the power of borrowing money, as the combining authorities may agree to confer upon them. (3) Where any of the combining authorities are improvement commissioners or a local board the provisions of the principal Act with respect to accounts and audit shall apply to sucli committee as if they were a local board who were a library authority under the Act. * The resolution should itself specify the date when the Act is t come into operation. LOCAL GOVERNMENT BOAKD ORDER, UTH SEPT., 1889. 456 LOCAL GOVERNMENT ACT, 1888. Regulations as to Inqttieies and Notices nin>BB Section 57. To the county councils for the several administrative counties* in England and Wales ; and to all others whom it may concern. After reciting Section 57 (1) (2) (3) and Section 87 (4) of the Local Government Act, 1888, the order proceeds as follows : And whereas in regard to the matters required by the said Section 57 to be prescribed no provision other than that contained in the said Section 87 is made, declaring how such matters are to be prescribed : Now therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, do, by this our order, and until we shall otherwise direct, prescribe and determine as follows, with respect to the inquiries to be made and the notices to be given for the purposes of the said Section 57 of the Local Govern- ment Act, 1888, the manner of giving such notices, and the several other matters to be prescribed and determined for the purposes of the said section j that is to say — Article I. (1) Prior to any order being made by a county council in rei;KK, 15TII NOVEMBER, 1894. 465 Notice of the Poll. 6. (1) If a poll has to be taken, the returning officer shall, five clear days at least before the daj' fixed for the same, give public notice thereof. The notic-e shall spi'i-ify — («) the question or questinus as to wliich the poll is to be taken ; (b) the day and hours fixed for the poll; (c) if the poll is to be taken as to the appointment to any office the names, place of abode, and description of each candidate with respect to whom the poll is to be taken j (d) tlie names of the proposer of the resolution or of each candi- date for the appointment in respect of which the poll is to be taken ; and (e) the situation and allotment of the polling place or places, and if there shall be more than one polling place or polling station, tlie description of the persons entitled to vote at each polling place and polling station. (2) The notice shall be in the Form No. 2 in the First Schedule to this Order, or in a form to the like effect. Presiding Officers. 7. (1) If there is only one polling station, the returning officer shall preside at such station. If there is more than one ])olling station, the returning officer shall preside at one station, and shall appoint some i)ersou to preside at each of the other polling stations. The person j)residing at any polling station shall be called the presiding officer. (2) Provided that, in making appointments under this rule, the returning officer siiall, as far as practicable, secure the services of suitable persons resident in the parish, so as to diminish expense. Compartments of Polling Stations. — Ballot Papers. 8. (1) The returning offii-er sliall furnish every polling station with such number of conipartmeuts in which the voters can mark their votes screened from observation, and shall furnish each presiding officer with such number of ballot papers as may be necessary for ellectually taking the poll. (2) It a poll is taken at the same time as to the appointment to any office or offices, and as to any other question, the ballot papers as to the appointment to any office or offices, and as to any other question, shall be separate. Polling Agents. 9. The proposer of the resolution in respect of which a poll is to be taken, and when the poll is taken as to the appointment to any office, any candidate for the office may, in writing, appoint one polling agent, who may be paid or unpaid. Any such appoi)itment shall be delivered at the office of the returning officer not less than two clear days before the day of the poll. Questions to Elector. 10. (1) The presiding officer may, and if required by any paro- chial elector of the iiarish, or any j) )lling agent appointed under Rule y, shall put to any elector at the time of his applying for a ballot paper, but not afterwards, the following questions, or one of them, and no other : 30 iQQ PARISH MEETINGS (POLLS) ORDER, 1894. (a) Are you the person entered in the parochial register for this parish as follows [_read the whole entry from the register] ? (b) Have you already voted at the present poll ? (2) A person required to answer either of these questions shall not receive a ballot paper or be permitted to vote until he has answered it. Counting the Votes. 11. The returning officer shall count the votes in the parish or in some place near thereto as soon as practicable after the close of the poll. 'Equality of Totes. 12. If an equality of votes is found to exist between any of the candidates for any appointment in respect of wliich the poll is taken, and the addition of a vote would enable any of such candi- dates to be declared elected, or if an equality of votes is found to exist for or against the resolution in respect of which the poll is taken, the returning officer may, if a parochial elector of the parish, give a vote in writing, but he sliall not otherwise be entitled to vote at the poll. Declaration of Result of Poll. 13. (1) The declaration of the result of the poll shall be in the Form No. 3 or in the Form No. 4 in the First Schedule* to this Order, or in a form to the like effect. (2) The returning officer making the declaration shall forthwith cause a copy of it to be affixed on the front of the building in which the votes have been counted, and another copy to be sent, by post or otherwise, to the chairman of the parish meeting if he was not himself the chairman. (3) The returning officer shall cause public notice to be given of the result of the poll as declared. Application and Adaptation of Ballot Act, 1872. 14. The provisions of the Ballot Act, 1872, which with adapta- tions and alterations are set out in the Second Schedule to this Order,t and only such provisions of that Act siiall, subject to such adaptations and alterations and to this Order, apply to tlie poll in like manner as in the case of a municipal election. Adaptation of Municipal Corporations Act, 1882. 15. (1) The provisions of Section 75 of the Municipal Corpora- tions Act, 1882, which with ada])tati<)ns and alterations are set out in the Third Schedule to this Order, shall, subject to such adaptations and alterations, apply to the poll. Section 74 of the Act shall not apply to the poll. (2) In the applieation to the poll of Part IV of the Municipal Corporations Act, 1882 (relating to corrupt practices and election petitions), as amended by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the following adaptations and altera- tions shall have effect : (a) Such application shall be subject to the provisions of this Order. (J) References to the poll shall be deemed to be substituted for references to a municipal election, or to an election to a corporate office. " Parish," and in Section 93 (2) " Poor Law Union," shall be deemed to be substituted for * See pp. 474 and 475, and note on top of p. 468. t See p. 475, and note on top of p. 468. L. G. H. OlIDKK, loTH NOVKMBKH, 1894. 4G7 " borough," " poor rate of the parish " shall be substituted for " boroiiffli fund i>r borough rate," th«' returning officer shall be substituted for the towu clerk, and " voter" shall mean a purocliial elector or a ])erson who votes or claims to vote at a pull consequent on a parish meeting'. Adaptation of the Municipal Elections (Corrupt and Illegal Practices) Act, 18«4. 16. In the application of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884-, to the poll, the following jjrovisions shall have effect: (1) Such application shall be suhject to the provisions of this Older. (2) The expressions " parish," " returning officer at poll of parish," and " poor rate " shall be deemed to be substituted in the Act lor "borough or ward of a borough," ■'town clerk," and " borough fund or rate" respectively. (3) The expression "corporate office" in the Act shall mean " an office to which the parish meeting may ajjpoint," and "a municipal election" shall mean " a poll consequent on a parish meetinir," and the expressions " municipal election court," " municipal election list," and " municipal election petition " shall be construed accordingly. (4) A petition complaining ot the poll on the ground of an illegal practice may he presented at any time within six weeks after the day of the poll. (5) A peiition relating to a poll consequent on a parish meeting may be tried at any place within the Poor Law Union in which the parish is situate. (6) Section 37 of the Act shall be read as if a reference to a poll consequent on a parish meeting was substituted for a i-eterence to any of the elections mentioned in the First Schedule to the Act. If Parish in more than one County. 17. If a parish is situate in more than one administrative county, it shall for the purposes of this Order be deemed to be wholly situate in the county which, ac(;ording to the census of One thousand eight hundreil and ninety-one, contains the larger part of its population. Publication of Notices. 18. Any p\ihlic notice required by this Order shall lie given by posting the same on or near the ])riucipal door of each ehnrch and chapel in the parish, and in some conspicuous place or places within the parish. Misnomer. — Inaccurate Descriptions. 19. No misnomer or inaccurate description of any person or place named in any notice under this Order shall hinder the full operation of such notice with respect to that person or place, provided the description of that person or place is such as to be commonly understood. Application and Title of Order. 20. (1) This Order shall not apply to the election of persons to act as parish councillors. (2) The Order maybe cited as the " Parish Meetings (Polls) Order, 1894." 468 PARISH MEETINGS (POLLS) ORDER, 1895. Sere follow three Schedules, but as these are similar to the Schedules appended to the Parish Meetings {Polls) Order, 1895, thej/ are printed at the end of that Order (see p. 473). In a few places the Schedules vary slightly. The variations are shown in foot-notes. Given under the Seal of Office of the Local Government Board, this Fifteenth day of November, in the year One thousand eight hundred and ninety-four. [l.s.] G. Shaw Lefeyee, President. Walter Fostee, Hugh Owen, Secretaries. PARISH MEETINGS (POLLS) ORDER, 1895. Rules as to Polls wheee Paeish Council. To the county council of every administrative county in England and Wales, except the administrative county of London ; — To the piirish meeting for every parisii in England and Wales which on the appointed day was entitled to elect a parish counril ; — And to all others whom it may concern. After reciting Section 48 (2), (.3), and (8) of the Local Govern- ment Act, 1894, the order proceeds as follows: Now therefore we, the Local Government Board, in pursuance of the powers given to us in that behalf, do, by this our order, direct that any poll consequent on a parish meeting for all or part of every parish which on the " appointed day " was entitled to elect a paiish council, other than a poll for the election of parish councillors or a parish councillor, shall, whether such poll shall have been demanded with respect to the appointment to an office or any other question, and subject to any directions which may be given by us, be conducted according to the following rules, and such rules shall be observed : Returning Officer. 1. (1) The returning officer shall be the chairman of the parish meeting at which the poll is demanded. (2) Provided that if such cliairmim is unwilling to act as return- ing officer, or if from illness or other sufficient cause he is unable so to act, he shall appoint some other })ersou to act as returning officer, or to perform such of the duties of returning officer as then remain to be performed, as the case may be. (3) The returning officer shall ap])oint an office in the parish or in some place near thereto for the purposes of the poll. (4) If the chairman of the parish meeting does not act as returning officer, he shall forward to tlie returning officer a copy of the resolution in respect of wliich the poll is to be taken, together with the names of the proposer thereof. If the poll is to be taken as to the ajjpointment to any office, he shall send to the returning officer the names, place of abode, and description of each L. G. B. ORDKR, 5TH FEBRUARY, 1^95. 469 candidate with respect to wlioiu the jioll is to be taken, and the name of tlie proposer of each such canilidate. Dat/ and Jloiirs of Poll. 2. (1) Tlie poll, if any, shall be lield on such day us shall be fixed l)y the retuiuin^ othcer, not bi-in<; later than the fourteenth ilay iiftir that on which the poll was demanded. (2) 'I'iic hours during which the poll shall be open shall be those for tlie time being last fixed for the poll at the election of parish councillors for the parish, unless the county council prescribe some otlier hours, — so, however, that the poll shall always be open between tlie hours of six and eight in the evening. Polling Districts. 3. (1) (a) If the parish is divided into polling districts for the election of county councillors or of rural district councillors, the whole of each such district being comprised in the parish, and the lists of parochial electors are matle out in separate parts for such districts, each district shall be a polling district for any poll con- sequent on a parish meeting. {b) If the parish is not so divided, but is divided into wards for the election of rural district councillors, each of the wards shall be a polling district for any poll consequent on a parish meeting. (c) If neither paragraph («) nor paragraph (b) of tliis rule applies to the parish, the returning officer may, if he thinks tit, divide the parish into polling districts for such poll, but each of such districts shall consist of an area for which separate lists of parochial electors will be available. (2) If the parish is divided into polling districts, each elector shall give his vote in the polling district in which the property in respect of wiiich he is entitled to vote is situate, and if it is situate in more than one polling district, he may vote in any one (but in one only) of the polling districts in which it is situate. Polling Places and Stations. 4. The returning officer shall determine the number and situa- tion of the polling places. Provided as follows : (rt) That no premises licensed for the sale of intoxicating liquor shall be used for a polling place. (b) Th;it where the number of parochial electors in the parish, or (if the parish is divided into polling districts) in any jioUing district, is not more tlian live hundretl, only one polling station shall, unless the county council otherwise direct, be provided for the parish or polling district; and so on for each additional five hundred parochial electors, or for any less number of electors over and above the last five hundred. Withdraical after Parish Meeting of Candidates for Office. 5. (1) If the poll is taken as to the appointment to any office, any candidate may, not later than the fourth day after the date of the parish meeting, withdraw his candidature by delivering or causing to be delivered at the office of the returning officer a notice in writing of such withdrawal, signed by him. (2) Provided that if the office to wliich an appointment is to be made is a compulsory one, a person shall not be allowed to with- draw his candidature if by such withdrawal there will be a less 470 PARISH MEETINGS (POLLS) ORDER, 1895. number of candidates for the office than the number of persons to be elected to the office. If Number of Candidates for Office is reduced to Number of Persons to he elected. 6. (1) If by the withdrawal of any candidates as provided by Rule 5, the number of candidates for ;ippointnient to any office is reduced to a number not exceediiio- the numl)er of persons to be elected, or if the number of canst oi- otherwise, a copy of such notice to such chairman. The returning officer shall send a copy of the notice to each of the persons whom he shall have declared to be elected. (3) The notice shall be in the Form No. 1 in the First Schedule to this Order, oi- in a Ibrm to the like effect. Notice of the Poll. 7. (1) If a poll has to be taken, the returning officer shall, five clear days at least before the day fixed for the same, give public notice thereof. The notice shall specify — («) the question or qut^stions as to which the poll is to be taken; (b) the day and hours fixed for the poll ; (c) if the poll is to lie taken as to the appointment to any office, the names, place of abode, and description of each candidate with respect to whom the poll is'to he taken ; (d) the names of the proposer of the resolution or of each candidate for tlie appnntment in respect of which the poll is to be taken ; and (e) the situation and allotment of the polling place or places, and it there shall be more than one polling place or polling station, the description of the persons entitled to vote at each pollin;; place and polling station. (2) The notice shall be in the Form No. 2 in the First Schedule to this Order, or in a form to the like effect. Presiding Officers. 8. (1) If there is only one poUiuir station, the returning officer shall preside at such station. If there is more than one polling station, tlie returning officer sh-.ill preside at one station, and shall appoint some person to preside at each of the other ))olling stations. The person presiding at any polling station shall be CMlled the presiding officer. (2) Provided that in making appointments under this rule the returning officer shall, as far as practicable, secure the services of suitable persons resident in the parish, so as to diminish expense. Compartments of Polling Stations. — Ballot Papers. 9. (1) The returning officer shall furnish every polling station with such number of compartments in which the voters can mark their votes screened from oi)servation, and shall furnish each presiding officer with such number of ballot papers as may be necessary for effectually taking the poll. L. (i. u. OHDEK, 5th fehruahy, 1895. 471 (2) If a poll is taken at the same time as to the appointment to any office or offices unci as to any other question, the ballot papers as to the appoiulment to any office or offices, and as to any other question, shall be separate. Polling Agents. 10. Tlie proposer of tlie resolution in respect of which a poll is to be titkcn, and when tlie poll is taken as to the appointment to any office, any candidate for the office may, in writing, appoint one polliny wiiich voter could be identified; • 4. Unmarked or void tor uncertainty ; and shall on i-equest allow any of the counting agents to copy such statement. 37. Upon the completion of the counting, the returning officer shall seal up in separate packets the counted and rejected ballot papers. He shall not oi>en the sealed packet of tendered ballot papers or marked copy of the I'egistcr of voters and counterfoils, but shall proceed, in the presence of the countin? agents, to verify the ballot ))aper account given by each presiding officer by com- paring it with the number of ballot ])aper8 recorded by him as aforesaid and the unused and sjjoilt ballot papers in his possession and the tendered votes list, and shall reseal each sealed packet after examination. Tlie returning othcer shall draw up a state- ment as to the result of such veritication, and shall on request allow any of the counting agents to copy it. 38. Lastly, the returniui: officer shall carefully preserve for the period hereinafter mentioned all the jiackets of ballot papers in his possession, together with the said reports, the ballot paper accounts, tendered votes list, lists of votes marked by the presiding officer, statements relating thereto, declarations of inability to read, and packets of counterfoils, and marked copies of registers, endorsing on each packet a description of its contents and the date of tlie poll to which they relate, and the name of the parish for which such poll was held. 39. The returning officer shall retain for six months all docu- ments relating to the poll, and then, unless otherwise directed by an order of the county court having jurisdiction in the parish or in any i^art thereof, or of any tribunal in which the poll is questioned, shall cause them to be destroyed. 40. Xo person shall be allowed to inspect any rejected ballot papers in the custody of the returning officer, except under the order of the county court or tribunal aforesaid, to be granted by such court or tribunal on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition ques- tioning the poll or return; and any such order for the inspection or production of ballot papers may be made subject to such condi- tions as to persons, time, place, and mode of inspection or produc- tion as the court or tribunal nniking the same may think expedient, and shall be obeyed by the returning otficer. 41. Ni» person shall, except by order of the county court having jurisdiction in the parish, or any part thereof, or of any tribunal 484 PARISH MEETINGS (POLLS) ORDER, 1895. Ballot Act; haviug cognizance of any question relating to the poll, open the Biiles for sealed packet of coantei'foils after the same has been once sealed ** *■ up, or be allowed to inspect any counted ballot papers in the custody of the returning officer. Such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the court or tribunal making the order may think expedient. Provided that on making anil carrying into effect any such order, care shall be taken tliat the mode in which any par- ticular elector has voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be invalid. 42. All documents in the custody of a returning officer in pur- suance of this Act, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such regulations as may be prescribed by the council of the county in which the parish is situate, and the returning officer sliall supply copies of or extracts from the said documents to any person demanding the samej on payment of such fees and subject to such regulations as may be made by the county council. [Provided * that until such regula- tions are made, any regulations of the county council for the time being in force in the parish witli respect to the like documents relating to the election of i)arish councillors shall be deemed to be regulations under this rule, and to apply accordingly with the necessary modifications.] 43. Where an order is made for the production by the returning officer of any document in his possession relating to any specified poll, the production by such officer or his agent of the document ordered, in such manner as may be directed by such order, or by an order of the court having power to make such tirst-mentioned order, shall be conclusive evidence that such document relates to the specified poll; and any endorsement appearing on anj' packet of ballot papers produced by such returning officer or his agent shall be evidence of such papers being what they are stated to be by the endorsement. The production from proper custody of a ballot paper purporting to have been used at any poll and of a counterfoil marked with tiie .same printed number and having a number marked thereon in writing, shall be prima facie evidence that the person vvlio voted by such ballot paper was the person who at the time of such poll had affixed to his name in the register of voters at such poll the same number as the number written on such counterfoil. 43a. There shall be an appeal from any order of the county court under these rules in like manner as in other cases in such court. General Provisions. 47. If the returning officer presides at any polling station, the provisions of this Act relating to a presiding officer shall apply to such returning officer, with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer. 48. The returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes. 49. No person shall be appointed by a returning officer for the purpose of a poll who has been employed by any other person in or about the poll. * The proviso in brackets does not appear in the rules appended to the Parish ileetings (Polls) Order, 1894. 1 L. (i. 15. OKDKi:, 5th I'KIIUUAIIY, l-SOu. 485 50. Tlie presidiiitanding that his appointment may be other- wise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address. 53. If any person appointed an agent for the purposes of attending at a polling station or at the counting of the votes, dies or becomes incapable of acting during the time of the poll, another agent may be appointed in his place,"and notice shall forthwith be given to the returning officer in writing of the name and address of any agent so appointed. 54. Every returning officer, and every officer, clerk, or agent authorised 'to attend at a polling station, and also every officer, clerk, or agent authorised to attend at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy in the jjreseuee, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a ju^tice of the peace or of the returning officer ; but no such returning officer, officer, clerk, or agent as aforesaid shall, save as afore- said, be required, as such, to make any declaration or take any oath on the occasion of any poll. 55. Where in this Act any expressions arc used requiring or authorising or inferring that any act or thing is to be done in the presence of the agents, such expressions shall be deemed to refer to the presence of such agents as may be authorised to attend and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in any wise invalidate the act or thing done. Second Scuedttle to Act. 2J'ote. — The forms contained in this Schedule, or forms as nearly resembling the same as circumstances will admit, shall be used in all cases to which they refer and are applicable, and when so used shall be sufficient in law. * The proviso in brackets does not appear in the rules appended to the Parish Meetings (Polls) Order, 1894. 486 PARISH MEETINGS (POLLS) ORDER, 1895. Ballot Act : Rules for Polls. Note :— The counterfoil is to have a num- : her to correspond with that on the back of the Ballot Paper. Forms of Ballot Paper. Form No. 1. Form of Front of Ballot Paper. Poll on the following- Questions. : Questions. Answers. Yes. No. : 1. That the parish meeting : consent to the ])arish being : grouped with the parish of : Blackacre under a common 1 parish council. : : 2. That the Lighting and : : Watching Act, 1833, be adopted ■ ■ for the Parish. Form of Back of Ballot Paper. No. Poll consequent on parish meeting for for part of* parish]. 189 . parisli Note.— 'i'he number on the ballot paper is to correspond with that on the counterfoil. Form No. 2. Form of Front of Ballot Paper. : : Poll as to Appointment of Person [or : : Persons] as [^insert name of office'] FOB THE Counterfoil No. I : PaEISH. Note: — The counterfoil \ is to have a num- ber to correspond with that on the back of the Ballot Paper. 1 BROWN (John Brown, of Water Lane, Agricultural Labourer). 2 JONES (William David Jones, of Claygate Farm, Farmer). 3 MOllRLS (George Trevor Morris, of Acton House, Gentleman). 4 SMITH (James Smith, of High Street, Grocer). * The words in brackets do not appear in the Parish Meetings (Polls) Order, 1804. L. G. 15. OHDEU, 5X11 FKBKUARY, 1895. 487 Form of Back of Ballot Paper. Ballot Act __ ^ Rules for No. . I'oUs. Election of {_inserl name of office'] for parish. 189 . Zfote. — The number on the ballot paper is to coi-respond with that oil the counterfoil. Directions as to printing Ballot Paper. Nothing is to be printed on the ballot paper except .n accord- ance with this Schedule. If the poll is tiiken as to the ai)poiiitnient to an olHce the surname of each candidate, and if there aie two or mere candi- dates ot'tlic same surname, also the otiiernames of such candidates, shall be printed in lart;e characters, as shown in Form No. 2, and the names, places of aliode, and descriptions, and the number on the hack of the paper, sh:dl be printed in small characters. If the poll is taken as to appointments to different offices, the form of ballot jiaper shall be adapted so as to show separately each office for which the appointment is to be made and the candidate! for that office. Form of Directions for the Guidance of the Voter in VOTING, WHICH SHALL BE PRINTED IN CONSPICUOUS CHA- KACTEKS, ANIJ PLACARDED OUTSIDE EVERY POLLING STATION AND IN EVERT COMPARTMENT OF EVERT POLLING STATION. 1. When the poll relates to a question other than the appoint- ment to some office in the Parish. The voter will po into one of the compartments, and with the pencil provided in the compartment, place a cross thus X '" the column of the ballot paper headed " Yes," or in that headed " No," according as he wishes to vote iu favour of or against the question opposite which he places the cross. The voter may vote in the manner above described on each question referred to in the ballot paper where more than one question is tlicre mentioned. When the voter has voted, he will fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, without showing tlie front of the paper to any person, show the official mark on the back to the presiding officer, and then, in the presence of the presiding officer, put the paper into the ballot box and forthwith quit the polling station. If the voter inadvertently spoils a ballot paper, he can return it to the officer, who will, if satisfied of such inadvertence, give him another paper. If the voter places any mai'k on the paper by which he may be afterwards identified, liis ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling station, or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanor, and be sulject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examides of the ballot paper. i88 PARISH MEETINGS (POLLS) ORDEU, 1895. Ballot Act : Rules for Polls. * If the poll is taken as to appointments to different offices, adapt this paragiraph accordingly. 2. When the poll relates to the appointment to some office in the Parish. The voter may vote for candidates* as [^insert name of office]. Tlie voter will go into one of the compartments, and, with the pencil provided in the compartment, place a cross on the riglit- hand side, opposite the name of each candidate for whom he votes, thus X. The voter will then fold up the ballot paper so as to show the official mark on the back, and leaving the compartment will, with- out showing the front of the paper to any })ersou, show the official mark on the back to the presiding officer, and then, in the pre- sence of the presiding officer, put the paper into tlie ballot box and forthwith quit the polling station. If the voter inadvertently spoils a ballot paper he can return it to the officer, who will, if satisfied of such inadvertence, give him another paper. If the voter votes for more than candidates,* or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the officer, he will be guilty of a misdemeanor, and be subject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examples of the ballot paper. Form of Statidory Declaration of Secrecy. I solemnly promise and declare. That I will not at this poll for the parish of do anything forbidden by section four of the Ballot Act, 1872, which has been read to me. Note. — The section must be read to the declarant by the person taking the declaration. Form of Declaration of Inahility to Read. I, A. S., of , being numbered on the register of parochial electors for the parish of , do hereby declare that I am unable to read. A. B. his mark, day of 189 . ], the undersigned, being the presiding officer for the polling station for the parish of , do hereby certify that the above declaration, having been first read to the above- named A. B., was signed by him in n)y presence with his mark. Signed, C. D. Presiding officer for polling station for the parish of day of , 189 . THIRD SCHEDULE. Section 75 of the Municipal Corporations Act, 1882, as adapted and altered in its application to polls conse- QUENT ON Parish Meetings. 75. (2) If a person who has undertaken to act as returning officer at a poll consequent on a parish meeting neglects or refuses to conduct the poll or declare the result thereof in manner pro- CI. B. OllDKll OF 20T1I MAY, 189'). 489 videcl by the Local Government Act. 1894, and the Parish Meet- Ballot Act : inijs (I'olls) Order [1895 *J, he shall for every such offence be p^„|* ^' liable to a fine not exceeding one hundred pounds, recoverable by action. (3) An action under this section shall not lie after three months from the neglect or refusal. Given under the seal of office of the Local Government Board, this Fifth day of February, in the year One thousand eight hundred and ninety-tive. [l.s.] G. Shaw Lefetre, F resident. Walter Foster, Hugh Owen, Secretaries. AUDIT OF ACCOUNTS. KuRAL District Councils, Parish Councils, Parish Meetings, and Joint Committees. To the rural district council of every rural district in England and Wales; — To the parish council of every parish in England and Wales having a parish council ; — To the parish meeting of every rural parish in England and Wales not having a pnrish council ; — To any joint committee of any such pai-ish councils and parish meetings ; — And to all others whom it may concern. [After reciting Section 58 (2) and (3), Local Government Act, 1894, the order proceeds as follows :] Now therefoie we, the Local Government Board, in pursuance of the powers given to us in that behalf, do, by this our order, direct that, unless we shall otherwise direct, the ibllowiug rules shall have effect : Publication of Sotice of Audit of Accounts of Parish Councils and Parish Meetings. 1. \\\ the application of sub-section (3) of Section 217 of the Public Health Acr, 1875, to the andit of the .accounts of parish councils and parish meetings for parishes not having parish councils, such sub-section shall be moilitiud so as to read as follows : '• (3) Bi'fore each audit of tlie accounts of a parish council or of a parish meeting, the clerk of the parish council, or, if tlierc is no such oflicer, the chairman tliereof, in the case of a parish council, or the chairman of the parish uieeiiuur, in the case of a parish meeting, shall, after receiving from the auditor tiie requisite notice of the appointment, give at least fourteen days' notice of the time and place at which the same will be commenced, and of the deposit of the accounts required by this section, and shall forward to the * For "189.5" read "1894" in applying these rules for the pur- poses of the Parish :Meetings (Polls) Order, 1894. 490 AUDIT OF ACCOUNTS. auditor a certificate tliat such notice has been duly given. The manner in which such notice shall be given and tbe term of the said certificiite shall in each case be sucli as shall have been prescribed by the Local Goverinnent Board, and the production of tbe said certificate shall he deemed to be siifficient proof of due notice of audit having been given in any proceeding whatsoever : " Provided that the advertisement in a local newspaper of the time and place at which the audit of the accounts of tlie union and of the parish councils and parish meetings for any parishes therein will commence shall be deemed due notice of the audit of tbe accounts of any such council or meeting, and tbe production of the newspaper containing such advertisement shall be deemed to be sufficient proof of such notice having been given." Report of District Auditor on Accounts of Rural District Councils, Parish Councils, Parish Meetings, and Publication of Ahstract of Accounts i:iii:it, l'Gtii .illy, 1895. 491 To the parisli meeting of every iuimI parish in England and Wales not liaving a parish conncil; — To any joint committee of any snch coiuiclls iiuil parisli meet- ings as afuri'Siiid ; — And to all otlii-rs whom it may concern. [After reciting Sectiun 58 (2) and {'.i) of tlie Local Government Act, 1894s the order proceeds us follows :] Now therefore, we, the Local Government Hoard, in piusnance of the jjowcrs given to us in tiiat l)elialf, do, by this our order, direct, that, unless we shall otherwise direct, the following rules shall have effect: — Puhlication of Xotice of Audit of Accounts of Joint Committees, 1. In the application of sub-section (3) of Section 247 of the Public Healtli Act, 1875, to the audit of tiie accounis of any joint committee as detined bv tliis order, such sub-section shall be modified so as to i-ead as follows: — "(3) Before each audit of the accounts of a joint committee of district councils, or of a joint committee of a district council or district councils and a parish council or parish uieeting or parish councils or parish meetings (including the accounts of a joint committee appointed by a horougli council with another council not being a borough council), the clerk of the joint comniittee shall, after receiving from the auditor the requisite notice "f the appi)intuient, give at least four- teen days' notice of the time and place at which the audit will he coinnieiiced, and of the deposit of the accounts required by this Section, either by causing notices in the prescribed form to be posted in tiie prescribed manner, or by advertisement in some one or more of the local news- paper.'i circulated in tlie district for which the joint com- mittee is appointed. He shall immediately after such notice is posted or such advertisement is published, as the case may be, forward to the auditor a certificate thereof in the prescribed forn),and the production of snch certificate or of the newspaper containing the advertisement shall lie deemed to be sufficient pronf in any proceeding whatsoever of the notice required by this Section liaving been given. "The term ' pi-escribed ' in this Section means prescribed by the Local Government Hoard." Report of District Auditor on Accounts of any Joint Committee. 2. In the applic;iti(>n ot snb-section (10) of Section 247 of the Public Healtli Act, 1875, to the audit of the accounts of any joint committee as defined by this order, such sub-section shall be modified so as to read as follows : '' (10) Within fourteen days after the comnleticm of the audit, the auditor shall send to the Local Government Board a report on the accounts audited ami examined by him. Kverv joint committee sliall,..n the completion cf the audit, submit to the several authorities by whom they have been ai)pointed at the meeting of such iinthorities respectively lield ne.xt after the completion of tlie audit a cojiy of the financial statement of the accounts of the joint committee as certified by the district auditor." 492 ALLOTMENTS : HIRING LAND. Inferpretation. 3. In this order the expression "joint committee" means a joint committee of district conncils or of any district council and parish council or parish meeting-, inclusive of :i joint committee appointed by a boroui^h council with another council not being a borough council. Given under the seal of office of the Local Govern- ment Board, this twenty-sixth day of July, in the year one thousand eiglit hundred and ninety-tive. [l.s.] Heney Chaplin, Freaident. Hugh Owen, Secretary. ALLOTMENTS. Local Government Act, 1894^. Compulsouy Hibing of Lanb FOR Allotments : Regulations and Adaptations under Section 10. Pakisit Councils. To the county council of every administrative county in England and Wales, except the administrative county of Loudon ; — To each parish council in England and Wales; — And to all others whom it may concern. [After reciting the Local Goverumen't Act, 189i, Section 9, sub- sections (1) to (6), (7) («) to (c), and (1.3), Section 10 (1) and Section 75 (definition of "prescribed"), the order proceeds as follows : ] Now therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, do, by this our order, and until we shall otherwise direct, prescribe as follows; that is to say,— Article I.— In every case in which a county council on a representation by a piirish council under sub-section (1) of Section ten of the Local Governnicnt Act, 1894, propose to proceed under that enactment, and with a view to sucli proceeding, to cause public inquiry to be made, the county council shall, not less than six weeks before the day on whicdi it is proposed that the inquiry shall be held, cause notice to be given in such form and in such manner as are hereinalter prescribed : — I. The notice shall specify the particulars of the representation, and shall state that" the county council propose to cause public inquiry to be made. II. The notice slulU furtlier specify, as regards any land proposed to he compulsorily hired, the (juantity and description and the situation of the land proposed to be compulsorily hired, the period for which it is proposed that the bind shall be compulsorily hired, and the names of the owners, lessees, and ocrcupiers of the said land. III. A printed copy of the notice shall be sent by post by the county council to each owner, lessee, and occupier of the land proposed to be compulsorily hired, or, if such owner, lessee, or occupier is absent abmad, to liis agent. L. G. B. ORDER, 20tH MAT, 1895. 493 Article II. — The county council, not more thiin one calendar month and not less than two weeks before the holding of the public inquiry, shall cause a notice to the like effect as tliat of the notice prescribed by Article I. and containint^ also a statement of the (lay, time, and ])lace ai)i)()inted for the holding of the inquiry, and of the per.-on or persons by whom the inquiry is to be held, to be ))ublished and given in accordance with the lollowiug require- ments ; that is to say, — I. The notice shall be published in the parish by posting a printed copy of the notice as a bill or phicard in every such jdace in the parish as is ordinarily used for posting public or parochiiil notices. II. A printed copy of the notice shall be sent by post by the county council — To the parish council; and To each owner, lessee, and occupier of the land proposed to be compulsorily hired, or, if such owner, lessee, or occupier is absent abroad, to his agent. Akticle III. — The county council shall, within ten days after the making of the order, cause a copy of any order made by them under Section ten of the Local Government Act, 1894, to l)e served by post in accordance with the following recjuiiements ; that is to say,— A copy of the said order shall be sent- by post to the parish council, and to'each owner, lessee, and occupier of the land proposed to be compulsorily hired, or, if such owner, lessee, or occupier is abstut abroad, to his agent. Article IV. — Every copy of a notice or order which, in pursu- ance of any provision iu Articles I, II, and III is required to be sent or served by post to or upon any parish council or person therein mentioued sliall be so sent or served by a registered letter containing such copy, and properly addressed, prepaid, and posted to such council, or to such person at his usual or last known place of abode. Aeticlk Y. — The period within which a memorial by a person interested praying that an order made under Section ten of the Local Government Act, 1894, shall not become law without further inquiry may be presented to the Local Government Board shall be the period of one calendar month after the making of the said order. Article VI. — For the purposes of Section ten of the said Local Government Act, 1891, the several provisions hereinbefore men- tioned of the Allotments Acts, 1887 and 1890, shall be adapted in the form and manner set forth in tlie schedule to this order. SCHEDULE. The Allotments Act, 1887. Section 2 (2). (2) A parish council shall not, under Section ten of the Local Government Ait, 1894, or in pursuance "f an order m:ule under the said Section, acquire land for allotments, save at such price 494 ALLOTMENTS : HIRING LAND. or rent that, in the opinion of the said council, all expenses, except such expenses as are incurred in making roads to be used by the public, incurred by the said council in acquiring the land and otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof. Section 3 (5), (6), (7), and (8). (5) In construing for the purposes of Section ten of the Local Government Act, 1894, so far as the said Section empowers a parish council to hire land by agreement for allotments, and for that purpose provides that Section nine of the Local Grovernment Act, 1894-, shall apply as if it were therein re-enacted, with certain modifications, the provisions of tlie Land Clauses Acts as incorpo- rated, and of Section one hundred and seventy-eight of the Public Health Ac^, 1875, as applied by sub-section (1) of Section nine of the Local Government Board, 1894, the last-mentioned Act shall lie deemed to be the special Act, and the parish council shall be deemed to be tlie local authority or the promoters of the under- taking, as the case requires, and the word " land " shall have the same meaning as in the Allotments Act, 1887. (6) Where land is hired compulsorily by a parish council under an order in pursuance of Section ten of the Local Government Act, 1894, the following provisions shall apply : {a) The county council and the Local Goyernraent Board shall not make an order for the compulsory hiring of any park, garden, pleasure-ground, or other land retpiired for the amenity or convenience of any dwelling-house, or any land the property of a railway or canal company, which is or may be required for the purposes of their undertaking. (b) The county council and the Local Government Board shall, in making an order for the compulsory hiring of land, have regard to the exter.t of land held in the ueighhourhood by any owner and to the convenience of other jn-operty belong- ing to the same owner, and shall, so far as is practicable, avoid taking an undue or inconvenient quantity of land from any one owner. (7) For the purpose of the hiring of land by a parish council for allotments in pursuance of Section ten of the Local Government Act, 1S9 1, any person or body of persons or body corjiorate autho- rised to sell land to the sanitary authority for the jjurposes of the Allotments Act, 1887, may, without prejudice to any other power of leasing, lease land to the parish council, without any fine or premium, for a term not exceeding thirty-five years. (8) The county council and the Local Government Board shall not make an order in pursuance of Section ten of the Local Govern- ment Act, 1894, for the compulsory hiring of any right to coal or metalliferous ore. Section 11. (1) Where a parish council are of o])inlon that any land, or any part of any land, hired by the said council by agreement, in pursu- ance of Section ten of the Local Government Act, 1894, for the purpose of allotments is no longer needed for such purpose, the said council may, with the sanction of the county council, and subject to the terms and conditions of the hiring of such land or part and to the provisions of sub-section (2) of Section eight of the Local Government Act, 1894, let such land or part. L. G. B. ORDEE, 21sT MAY, 1895. 495 (2) Any money received from tlie letting of the land may, subject to the provisions of Section eight of the Local Government Act, 189 i, be ajiplied in aid of the expenses of the parish council under the Local Government Act, 1894. The Allotsiknts Act, 1800. Section 3 (2), (3), and (4). (2) For tlie purpose of any business under Section ten of the Local Government Act, 1894, relating to any parish wholly or partly situate in an electoral division, the county councillor repre- senting that division shall, if not alreaily a[)pointed, be an addi- tional member of the standing committee appointed for the purposes of the Allotments Acts, 1887 and 1890. (3) Any representation by a parish council under sub-section (1) of Section ten of the Local Government Act, 1894, shall, as of course, and without any order of the county council, be referred to the said standing committee, who shall forthwith inquire into the circumstances and shall report the result to the county council. (4) Where the county council are satisfied that the circum- stances are such as to justify them in proceeding iinder Section ten of the Local Government Act, 1894, the public inquiry which, by sub-section (3) of Section nine as applied by sub-section (1) of Section ten of the said Act, is required to be made shall be held by such one or more members of the said standing committee, or such officer of the county council as the .«aid standing committee may appoint to hold the same. Given under the Seal of office of the Local Govern- ment Board, this Twentieth day of May, in the year One thousand eight hundred and ninety-five. [I'.s.] G. Shaw Lefevee, President. Walter Foster, Secretary. Local Government Act, 1894, Section 10. Compulsory Hieing of Land foe Allotments : Adaptations of Lands Clauses Acts. To the cou!ity council of every administrative county in England and Wales, except the administrative county of London; — And to all others whom it may concern. [After reciting Local Government Act, 1894, Section 10, sub- sections (1) and (8) and Section 75 (definition of " prescribed "), the order proceeds as follows :] Now therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, do hereby prescribe as follows ; that is to say, — For the purposes of any order to be made under Section ten of the Local Government Act, 1894, for authorising a parish council to hire compulsorily for allotments for a period not less than fourteen years nor more than thirty-five years such land as is specified in the Order, the provisions of the Lands Clauses Acts shall be adapted so that the jirovisions of the Lands Clauses Acts which any such Order may apply shall be tlie ))rovisions of those Acts in the form and with the adaptations contained in the para- graphs numbered one to thirty-five, both inclusive, of the Schedule to this Order, and in the words in the said Schedule set forth by way of introduction to and description of the subject-matter of the said paragraphs. 496 AliLOTMENTS : LANDS CLATJSES ACTS ADAPTED. SCHEDULE. I. — With kespect to the Construction of the Adapted Provisions. 1. (II — III) The expression "the ailsipted provislous " means the Lands Clanses Consolidation Act, 1845, as appHed, with the prescrihed adaptations, in pursuance of Section ten of the Local Government Act. 1894; the expression "the Lauds Chuises Con- solidation Act, 1845," used in the adapted provisions, means the Lands Clauses Consolidation Act, 1845, as applicable to the pur- chase or taking of lands for any such undertaking as is mentioned in Section one of the said Act; the expression " the Order," used in the adapted provisions, means any Order made under sub- section (1) of Section ten of the Local Government Act, 1894, which authorises the compulsory hiring of land by a parish council; the expression "the commencement of the Order'' means the date at which any such Order becomes final in pursuance of Sections nine and ten of the Local Government Act, 1894; the expression " the undertaking " means the purpose for which by the Order the compulsory hiring of lands by a parish council is authorised; the expression "the parish council" means the parish council by the Order empowered to hire lands compulsorily for the undertaking; the expression " lands " h;is the meaning assigned to the expression " land " when used in Section three of the Allotments Act, 1887, as incorporated and applied by Sections nine and ten of the Local Government Act, 1894; the expression "Paymaster General" means Her Majesty's Paymaster General for the time being for and on behalf of the Supreme Court, or the Assistant Paymaster (ieneral for Supreme Court business for the time being deputed by the Paymaster General to act on his behalf for such business ; the expression " county " has the same meaning as in the Local Governiuent Act, 1894, except that it does not include a county borough; the expression "owner" means the person or persons or corporation who, whether under the adapted provisions, or otherwise by reason of his or their estate or interest in the hinds, or of the powers of leasing exerciseable by him or them in respect of the lands comprised in the Order, is or are enabled to lease the same for the undertaking to the parish council for the term for which the parish council are by the order authorised to hire the same compulsorily; the expression "com- pensation " means any sum of money payable by the parish council in respect of the hiring of any lands by the Order authorised to be compulsorily hired, and not being rent or other payment to become due under the lease in respect of the said lands ; and the expression " the bank " means the Bank of England. Unless the contrary intention appears, all words and expressions used in the adapted provisions, and not hereinbefore specifically defined, shall have tlie meanings respectively assigned to them by and shall be construed in accordance with the provisions of the Interpretation Act, 1889, and the rules of construction in the Interpretation Act, 1889, contained shall apply to the adapted provisions as if the said provisions were an Act passed after the commencement of the Interpretation Act, 1889. 2. (V) For the purposes of Section ten of the Local Government Act, 1894, the incorporation with the Order of the adapted pro- visions shall be effected by the statement in the Order that the L. G. B. ORDER, 21sT MAY, 1895. 497 adapted provisions shall be incorporated therewith ; and thereupon all the aduptod piovisiims shall form part of the Order, and the Order shiill be coastriied as if the adapted j)rovisions were set forth therein with reference to tiie matter to which it relates. II. — As TO THE Hiking of Lands by Agekement. 3. (V'l) Subject to the ad;ipted provisions, the parish council may agree witli the owner of any lands, by the Order authorised to be compulsorily hired, for the hiring ot any bucli lands or of such parts thereof as the parish council think proper. 4. (VII) All parlies seised, possessed ot, or entitled to any lauds by the Order authorised to be compulsorily hired, or of or to any estate or interest therein, may lease or (according to their estate or interest therein) may join iu leasing the same to the parish council ; and all corporations, tenants in tail or for lite, married women, tenants by tlie curtesy or in dowser, guardians, committees of lunatics or idiots, trustees, or feoffees in trust for charitable or other purposes, executors and adtuinistrators, entitled to the recei()t of the rents and i)rofits of any lands by the Order autliorised to be compulsorily hired, may lease such lands for the undertaking to the parish council for the term mentioned in the Order, and may exercise this power not only on behalf of them- selves and their respective heirs, executors, administrators and successors, hut also for and on behalf of every person entitled in reversion, remainder, or expectancy after them or in defeasance of the estates of such persons, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of the lunatics or idiots of whom they are the committees, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power under the authority of the adapted provisions if they had respectively been under no disability, or as if any disability to which any such parties may be subject did not extend to the power to lease such lands for the undertaking to the parish council for the term mentioned in the Order, and as to such trustees, executors, and administrators on behalf of their cestui que trusts, whether infants, issue unborn, lunatics, femes coverts, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same powers under the adapted provisions if they had respectively been under no disability, or as if any disability to which any such parties may be subject did not extend to the power to lease such hinds for the undertaking to the parish council for the term mentioned in the Order. 5. (X) The owner of any lands by the Order authorised to be compulsorily hired, if he is entitled, otherwise than under the adapted provisions, to lease the same for the term mentioned in the Order, may agree with the parish council as to the terms and conditions of the lease; hut if he is not entitled so to lease the same, except under the adapted provisions, the terms and condi- tions of tlie lease shall be settled by arbitration ; and unless the owner is entitled to dispose of such lands absolutely for his own benetit, the compensation, if any. to be paid for any permanent damage or injury to such lands shall be settled by arbitration. 32 -498 allotments: lands clauses acts adapted. III. — With respect to the Hiring op Lands otherwise THAN BY Agreement. 6. (XVIII) When tlie parish council require to hire compul- sorily any hmds by the Order autliorised to be hired, they shall give notice thereof to the owner of such lands, or to all the parties interested in such lands, or to such of the said parties as shall, after diligent inquiry, be known to the parish council, and l)y such notice shall demand from such parties the particulars of their estate and interest in such lauds, in so far as such particulars are required in order to ascertain the owner thereof ; and every such notice shall state the particulars of the lands so required, and the term for which the parish council are authorised to hire the same, and that the parish council are willing to treat for the hiring thereof. 7. (XIX) Every notice required to be given by the parish council to the owner or any party shall either be served personally on such owner or piyty or sent by post to or left at his visual place of abode in the United Kingdom if any such can, after diligent inquiry, be found, and, in (!ase any such owner or party shall be absent from the United Kingdom, or cannot be found after diligent inquiry, shall be sent by jjost to or left with any agent ordinarily receiving the rents of the lands on behalf of the owner or other party entitled thereto, and a copy thereof shall also be sent by post to or left with the occupier of the lands to which such notice relates, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands. 8. (XX) If any such party be a corporation aggregate such notice shall be sent by post to or left at the principal office of business of such corporation, or, if no such office can, after diligent inquiry, be found, shall be sent by post to or served on some principal officer, if any, of such corporation, and such notice shall also be sent by post to or left with the occupier of the lands to which it relates, or, if there be no such occupier, shall be affixed upon some conspi(;uous part of such lands. 9. (XXI) If the parish council cannot, after diligent inquiry, ascertain the owner of the lands or the parties interested therein, or if for twenty-one days after the giving, sending, leaving, serving, or affixing of such notice any such owner fail to state the parti- culars of his interest in respect of any such lands, or to treat with the parish council in respect thereof, or if such owner and the parish council do not agree as to the terms and conditions of the hiring, or as to any other matter mentioned in sub-section (2) of Section ten of the Local Government Act, 1894, any question arising as to any such matter shall be determined in the manner provided by sub- section (4) of Section three of the Allotments Act, 1887, as amended by sub-section (2) of Section ten of the Local Govern- ment Act, 1894. 10. (XXV) Every appointment of an arbitrator appointed by the parties in accordance with the provisions of sub-section (4) of Section three of the Allotments Act, 1887, as amended by sub- section (2) of Section ten of the Local Government Act, 1894, shall be made in writing on the part of the parish council by an instrument executed at a meeting of the council, and under the hands and seals of the chairman presiding at the meeting and two other members of the council, and every such aiipointment on the part of any other party shall be made in writing under the hand I L. G. B. ORDER, 21sT MAY, 1895. 499 of such party, or, if such party be a corporation nggregate, under the coiunioii seal of such corporation. Every ap])oiiituu'ut of iiu arbitrator ;ippointL-il V)y tlie ])artie8, or appointed, if the parties do not concur in tiie appointment of the arbitrator, bv the Local Gijvernnieiit Board, sliall b(; delivered or sent to tlie arl)itrator and shall be tieenied a submission to arbitra- tion on tlie jiart of the several parties. 11. (XXX 11) The arl)itrator may call for the production of auy documents in the possession or power of either party which lie may think necessary for determining the question in dispute, and may examine the parties or their witnesses ou oath, and administer the oaths and take the affirmations necessary for that purpose; and if any person so sworn or affirniiii;^ wilfully and corruptly cives false evidence he shall be guilty of perjury. 12. (XXXIII) Hefoie the arbitrator enters into the considera- tion of any matters referred to him, he shall, in tlie presence of a justice, make and subscribe the following declaration ; that is to say, — " /, A.B., do solemnly and sincerely declare that I will faith' "ftilly and honestly, and to the heat of my skill and ability, " hear and determine the matters referred to me under the '^ provisions of the " (naming the Order). A. B. " Made and subscribed in the presence of " And such declaration shall be annexed to the award when made; and if any arlntrator having made such declaration wilfully act contrary thereto he shall be guilty of a misdemeanour. 13. (XXXV) The aibitrator shall deliver his award to the parish council who shall retain the same and shall forthwith ou demand, at tlicir own expense, furnish a copy thereof to the other party to the arbitration and to every other person interested in any question determined by the said award. 14. (XXXVI) The submis-ion to any such arbitration may be made a rule of the Supreme Court on the application of either of the parties. 15. (XXXVII) No award made with respect to any question to be determined by arbitration in pursuance of the provisions of sub-section (4) of Section three of the Allotments Act, 1887, as amended by sub-section (2) of Section ten of the Local Govern- ment Act, 189-1, and in pursuance of such last-mentioned enact- ment, shall be set aside for irregularity or error in matter of form. IV. — With eespect to Compensation coming to Paeties SEISED IN Fee, ok to Parties having limited Inteuests, OK prevented from Treating, ok refusing to accept Tenders, ok refusing to Lease. 16. (LVIII — LXXII) Where, in accordance with an agreement made with the parish council in puisuanee of the adapted pro- visions, or in accordance with an award of an arbitrator apjtointcd as hereinbefore provided, any compensation becomes payable on the hiring by the parish council of any lands by the oriier authorised to be compulsorily hired, such compensation shall (excej)t as here- inafter provided) be paid to the party to whom the same is payable according to such agreement (U* award within a period of six weeks after the date of the agreement, or after the receipt by the parish council of the award of the arbitrator, or if by reason of the absence 500 ALLOTMENTS : LANDS CLAUSES ACTS ADAPTED. of such psirty from the United Kingdom, or of failure to find him sifter diligent inquiry, tlie parisli council are prevented from paying such com])ensati()n to such party, or if such party shall on sucli compensalion being tendereil to him, refuse to receive the same, such compensation shall be deposited as soon as conveniently may be iu a Post Office Savings Bank established in any town or other place in which tl»e usual or last known place of abode of such party within the United Kiiigd(mi is situate, or iu S(^me bank to be approved by tlie arbitrator, to the account of sucli party. Provided that where sucli compensation shall be payable in re- spect of breaking up permanent pasture, or in respect of any other permanent damage or injury to the lands to be hired, and such lands are to be hired from any party not seised in fee or entitled to dispose of the lands absolutely for his own benefit, such com- pensation shall be deposited by the parish council within a period of six weeks after they shall have received the award of the arbi- trator in the bank to the account there of the Paymaster General to the credit of the parties interested in such lands (describing them so far as the parish council can do) subject to the control and disposition of the Supreme Court, aiul with respect to com- pensation so deposited the provisions of Sections seventy-four^ seventy-eight, seventy-nine, and eighty of the Lands Clauses Con- solidation Act, 1845, shall, subject to the provisions of any Act or rule of court for tlie time being in force for regulating moneys paid into the Supreme Court, apply, as nearly as may be, to such compensation as if it were purcliase money or compensation pay- able in respect of any lands or any interest therein purchased or taken under the said Act by the promoters of the undertaking : Provided also, that, if such compensation payable in respect of breaking up permanent pasture, or iu respect of any other perma- nent damage or injury to the lands to be hired, do not amount to the sum of two hundred pounds, and exceed the sum of twenty pounds, the same shall either be deposited in the bank in the manner hereinbefore directed, and when so deposited shall be subject to the provisions hereinbefore contained, or made applicable to compensation deposited in the bank, or such compensation may be paid to two trustees, to be nominated by the parties entitled to the rents or profits of the lands on the hiring whereof the same is payable, such nomination to be signified by writing under the hands of the parties so entitled; and in the case of a married woman entitled otherwise than as if she were a feme sole, or in the case of the infancy, lunacy, or other incapacity of the parties en- titled to such compensation, such nomination may be made by the husband of such married wouian, or by the guardian, committee, or trustee of such infant, lunatic, or party subject to incapacity as aforesaid, and the compensation so paid to such trustees, and the produce arising therefrom, shall be by such trustees applied as nearly as may be in the same manner as if such compensation or produce were money, or the produce arising from money, paid to such trustees iti pursuance of tlie provisions of Section sixty-nine of the Lands Clauses Consolidation Act, 1845, but it shall not be necessary to obtain any Order of the court for that purpose : Provided likewise that if such comj)ensation do not exceed the sum of twenty pounds, the same shall be paid to the parties entitled to the rents and profits of the lands, on the hiring whereof the same shall be ])ayable, for their own use and benefit, or, in the case of a married woman entitled otherwise than if she were a feme sole, or in the case of the infancy, lunacy, or other incapacity of L. G. B. ordi:r, 21st may, 1895. 501 iiny such purty such money shall be piiid to the husbiiud of such married woman Tor her use, or to the guardian, committee, or trustee of such infant, luinitic, or party subject to incapacity as aforesaid, for the use of such infant, lunatic, or party. 17. (LXXV') Upon payment or upon deposit in a Post Office Savings Bank, in a bank approved by the arbitrator, or in the bank (according' as tlie circumstances of tlie case and the adapted pro- visions applicable thereto allow or require), of any compensation agreed or awarded to be paid by the parish council, the owner of the lands authorised to bo compulsorily hired shall, when recjuired so to do by the i^arish council, duly lease such lands to the said council. 18. (LXXVII) In every case in which, in pursuance of the adapted provisions, tlie compensation agreed or awarded to be paid on the hiring of any lands by the order authorised to be com- pulsorily hired has been deposited in a Post Office Savings Bank, or in a bank approved by the arbitrator, or in the bank, an officer of such Post Office Savings Bank, or a cashier of such bank approved as aforesaid, or of the bank sliall give to the parish council, or to the party depositing such compensation by their ilirectiou, a receipt for such compensation. Such receipt shall be prepared by the parish council, shall be submitted by the parish council, or by the party depositing such compensation by their direction, to such officer or cashier for liis signature, and shall specify to whose account such compensation is deposited, and, if the same is deposited in the bank to the account there of the Pay- master Gener:il, to the credit of what parties (describing them so far as the parish coiuicil can do) and in respect of the hiring of what lands the same shall have been deposited. 19. (LXXVI — LXXVII) When the parish council have, in pur- suance of the adapted provisions, paid or deposited all comjiensation agreed or awarded to be paid on the hiring of any lands by the Order authorised to be compulsorily hired, if the owner of the lands refuses, or, after notice in writing by the parish council fails with- in one calendar month to execute a lease of the lands, so framed ■and containing such covenants and conditions as may have been agreed n]ion between him and the parish council, or, if the terms and conditions of the hiring have been settled by arbitration, if the owner of the lands cannot after diligent inquiry be iiscertnined, or fails within a like period after sucli notice to execute the lease delivered by the arbitrator with the award, the parish council shall execute such a lease or the said lease in duplicute, and shall forward one copy thereof to the owner of the lands, if be can be found, and shall thereupon be entitled to enter ujion the lands and to hold the same under the lease and subject to the covenants and conditions tlierein contained, and shall be liable to the payment of the rent and be bound by the covenants as if the lease liad been duly executed by all parties. V. — With eespkct to Leases of Lands. 20. (LXXXI) Every le;ise in resj)ect of lands by the Order authorised to be compulsorily hired for the undertaking, shall be so framed and shall contain such covenants and conditions as will give due effect to such terms and conditions of the hiring, and to such other nnitters as may have been agreed or awarded in relation to such hiring, and if the terms and conditions have been settled by arbitration the lease shall be settled by the arbitrator, and 502 ALLOTMENTS : LANDS CLAUSES ACTS ADAPTED. copies of the same in duplicate, duly stamped, shall he delivered with the award, and shall for the purpose of costs be considered as forming part of the award. 21. (LXXXII) The costs of procuring the execution of the lease by the owner shall be borne by the parish council. 22. (LXXXIII) If the parish council and the party entitled to any such costs do not agree as to the amount thereof, such costs shall be taxed by one of the taxing masters of the Supreme Court, upon an Order of the Court, to be obtained upon petition in a summary way by either of the parties; and the parish council shall pay what the said master shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an Order of the Court, and the expense of taxing such costs shall be borne by the parish council unless upon such taxation one sixth part of the amount of such costs be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said master, and deducted by him accordingly in his certificate of such taxation. VI. — With eespect to the Entry upon Lands by the Paeish Council, 23. (XCl) If in any case in which, according to the adapted provisions, the parish council are authorised to enter upon and hold any lands by the Order authorised to be compulsorily hired, the owner or occupier of any such lands or any other person refuse to give up the possession thereof, or hinder the parish council from entering upon or holding the same, a court of summary jurisdic- tion, on complaint made by the parish council, may require the owner or occupier of such lands or other person to deliver posses- sion of the same to the parish council or permit them to enter thereon; and any Order made under these pi-ovisions may be en- forced as provided by Section thirty -four of the Summary Juris- diction Act, 1879. VIT. — With eespect to Copyhold Lands. 24. (XCV — XCVIII) The power hereinbefore given to lease lands by the Order authorised to he compulsorily hired shall, in the case of lands of copyhold or customary tenure, extend so as to enable any party hereinbefore authorised to lease lands, to lease such copyhold or customary lands to the parish council for such period as may be autliorised by the Order, and subject to such terms and conditions of hiring as may be agreed or awarded, not- withstanding that such person shall not have obtained from the lord of the manor, of which the said copyhold or customary lands are held or are parcel, such licence (if any) as would be required to empower such person to make such lease; and tlic lord of the manor whereof the said co])yliold or customary lands are held or are parcel may, notwithstanding any custom api)licable to the said manor, or any limitation by statute or otherwise of the estate or interest of the said lord, grant a licence which shall be effectual to empower any such person as aforesaid to make any such lease as is hereinbefore authorised : Provided that where any such lease is made and the party making the same shall not, prior to the making thereof, iiave obtained such licence as the lord is hereinbefore authorised to L. G. B. OEDEB, 21ST MAY, 1895. 503 grant, the parish council shall forthwith apply to the lord to grant such licence; and any such licence granted upon such application shsiU he as efPectual as if such licence had been granted prior to the making of such lease : Provided further that if upon such application the lord refuse to grunt such licence the parish council may, so far as regards the lord and his estate or interest, proceed with respect to compensation and otherwise in pursuance of the adapted provisions ; and the adapted provisions shall, as nearly as may be, apjjly to the case as if the case were one of refusal by the owner of lands to lease such lands: Provided lastly, that every such lease and the particulars of the grant or refusal of such licence shall be entered on the rolls of the manor; and the steward of the manor sIjuU cause such lease and particulars to be so entered, and shall give to the parisli council a certificate of such entry on payment to such steward of the accus- tomed fees, or if there Ite no accustomed fees, on payment of such sum as may, by a court of summary jurisdiction, on the application of such steward or the parish council, be adjudged to be payable in respect of sucli entry and certificate. VIII. — With eespect to Lakds subject to Moetoage. 25. (CVIII— CXIV) If any lands by the order authorised to be compulj^orily hired arc subject to any mortgage and the parish council arc authorised and ]iropose to hire such lands for a longer term than that for which tlic party in possession (whether mort- gagor or mortgagee) is enabled to lease the same exce])t under the adapted provisions, the parish council may in accordance with the adapted provisions with respect to the giving of notices to the owner of or to jiarties interested in lands authorised to be com- jnilsorily hired, give notice to the party not in jjossession (whether mortgagor or mortgagee) requiring him within a time in the notice mentioned, being not less than one calendar month from the giving thereof, to join in making the lease of such lands, and if within the time specified lie refuse or neglect so to join the terms and con- ditions of the hiring iind the compensation (if any) to be paid on the hiring of such lands by the parish council in respect of any permanent damage or injury to such lands shall be settled by arbitration in manner provided by sub-section (4) of Section three of the Allotments Act, 18S7, as amended by sub-section (2) of section ten of the Local Government Act, 1894, and the lease when executed by the mortgagor or mortgagee in possession, or, in the event of bis refusal or failure to execute the same, when executed by the parish council in pursuance of the adapted pro- visions in that behalf, sball be valid as against the mortgagee or mortgagor not in possession. 26. (CVIII — CXIV) In every case where the parish council under a lease made in pursuance of the adapted provisions hold lands subject to a mortgage made before the date of the Order authorising the compulsory hiring of such lands, and the lease is not valid as against the mortgagee, the ])arisb council shall for themselves and for every tenant of an allotment upon the said lands be entitled, as against any mortgagee who takes possession, to the compensation to which an occupier of land would be entitled under Section two of the Tenants Compensation Act, 1890 ; and that enactment and the enactments therein referred to shall be construed as applicable to the circumstances of the case, as if the 504 ALLOTMENTS : LANDS CLAUSES ACTS ADAPTED. contract of tenancy therein mentioned were for a term of years not exceeding the period for which the said hinds may have been authorised to be compulsorily hired. IX. — With eespect to Lands subject to Leases oe Contracts of Tenancy. 27. (CXIX) If any lauds be comprised in a leiise or contract of tenancy for an unexpired term and part only of such hinds be by the Order authorised to be compulsorily hired for the undertaking, the owner by the adapted provisions or otherwise empowered to lease such part to the parish council, and his lessee or tenant, shall have power to agree as to the apportionment of the rent payable under such lease or contract of tenancy between the lands to be hired by the parish council and the residue of the lauds comprised in such lease or contract of tenancy. Every such agreement may contain the necessary stipulations and conditions with respect to any matter which in relation to such apportionment may be made the subject of determination by an award of an arbitrator appointed under sub-section (4) of Section three of the Allotments Act, 1887, as amended by sub-section (2) of Section ten of tlie Local Government Act, 1894. After such apportionment hns been settled as aforesaid, the lessee or tenant shall as to all future accruing rent be liable only to so much of the rent as sliall be so apportioned in respect of that part of tlie lands which is not hired by tlie parish council ; and as to such part, and as against his lessee or tenant, the owner shall have all the same rights and remedies for the recovery of such portion of rent as previously to such apportionment he had for the recovery of the whole rent reserved by the lease or contract of tenancy, and all the covenants, conditions, and agreements of such lease or con- tract of tenancy, except as to the amount of rent to be paid and as to any other matter as to which any stipulation or condition is contained in the agreement as to such apportionment, shall remain in force with regard to that part of the lands which is not hired by the parish council in the same manner as if such part only of the said lauds had been included in the lease or contract of tenancy. If tlie owner and his lessee or tenant fail to agree as to the apportionment of the rent payable as aforesaid, or as to any other matter which might be settled by such agreement, the matter or matters in dispute shall be settled by arbitration in manner pro- vided by sub-section (4) of Section three of the Allotments Act, 1887, as amended by sub-section (2) of Section ten of the Local Government Act, 1894. If any arbitrator be appointed to settle the terms and conditions of the hiring by the parish council, or the com])ensation (if any) to he p;iid by them, he shall also act as arbitrator i'or the purpose of this provision, and the lessee or tenant ' shall he one of the parties to agree to his appointment ; but if no such arbitrator be appointed, the arbitrator for the purposes of this provision shall be appointed by the owner :ind the lessee, or, if they do not concur, by the Local Government Board, in accordance with the provisions of sub-section (4) of Section three of the Allot- ments Act, 1887, and the costs of the arbitration shall be paid by the parish council unless the county council shall otherwise direct. 28. (CXXI) If any lands comprised in a lease or contract of tenancy for an unexpired term, and by the Order authorised to be compulsorily hired by the parish council, be in the possession of L. O. B. ORDER, 21ST MAY. 1895. 505 any person having no greater iiiterast tlierein than as tenant for a year, or from year to year, and if such person be required to give up possession of all such lands so occupied hy liini before the expiration of his term or interest therein, he shall be entitled to compensation for the value of his unexpired term or interest iii such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury which such person may sustain. Upon payment or tender of such compensation, as agreed be- tween such person and the parish council, or as determined by the award of an arbitrator appointed under sub-section (4) of Section three of the Allotments Act, 1.S87, as amended by sub->ection (2) of Section ten of the Local Government Act, 1S94, such person shall deliver up to the parish council all such lands as may be in his possession and as may be required for the undertaking. 29. (CXXII) If any party claim compensation in rc-^pect of any unexpired term or interest under any lease or grant of any lands by the Order authorised to be compulsorily hired, the parish council may require such party to produce the lease or grant in respect of which such claim is made, or sufficient evidence thereof, and if, after demanil maile in writinLr by the parish council, such lease or grant, or such evidence thereof, bo not produced within twenty-one days, the party so claiming compensation shall be con- sidered as a tenant holding only from year to year, and be entitled to compensation accordingly. X. — With eespect to the Limit of Time fob Compulsobt Hieing. 30. (CXXIII) The powers of the jiarish council for the com- pulsory hirins of lamls for the undertaking shall not be exercised after the expiration of the period prescribed by the Order, and if no period be ])rescribed by the Order not alter the expiration of one year from the commencement of the Order. XI. — With respect to Lands Hired, BrT not required FOR TUE Undertaking. 31. (CXXVII— CXXXII) Where the parish council are of opinion that any lands by the Order authorised to be compulsorily hired are no longer needed for the undertaking, the parish council shall, by an instrument executed at a meeting of the council and under the hands and seals of the chairman presiding at the meet- ing and two other members of the council, declare that the lands are no longer needed for the undertaking, and shall send by post a copy of such declaration to the party from whom such lands were hired, or any other person for the time being entitled to the receipt of the rent reserved by the lease uuder which such lands are held by the parish council. Upon the receipt of such declaration, it shall be at the option of such party or other person to act upon the said declaration as if it were an offer of surrender of the unexpired term. If within a period of two calendar months from the receipt by him of the sai(i declaration such party or other person, by writing under his hand and se;il, or, if such party or other person be a •corporation aggregate, under the common seal of such corporation, addressed to the parish council, signify his acceptance of the 506 ALLOT3IENTS : LANDS CLAUSES ACTS ADAPTED. surrender, the unexpired term shall be deemed to have been sur- rendered by act and operation of hiw as from the date of accept- ance by sucli party or other person. If within a ])eriod of two calendar months from the receipt by him of the said declaration such party or other person by writing under his hand and seal, or, if such party or other person be a corporation aggregate, under the common seal of such corporation, signify his refusal of the surrender, or, if within such period he fail to signifj' in the manner aforesaid his acceptance or refusal, the unexijired term shall not be deemed to have been surrendered by act and operation of law ; and thereupon it shall be at the option of the parish council to make such offers to let the said lands as in accordance with the adapted provisions they are em- })owered to make. 32. (CXXVII— CXXXII) Where in pursuance of the adapted provisions the unexpired term in respect of lands by the Order authorised to be conipulsorily hired shall be deemed to have been surrendered by act and operation of law, the parish council and the party from whom such lands have been hired, or any other person entitled to the receipt of the rent reserved by the lease under which such lands have been held by the parish council, may agree as to the consideration for such sun-ender, and as to any matters as to which an arbitrator in relation to the surrender of lands at the end of any tenancy created by compulsory hiring or on the determination of any such tenancy is by sub-s(!ctions (2) and (7) of Section ten of the Local Government Act, 1894, em- powered to determine. On failure of the parties to atrree as to any matter hereinbefore mentioned, any question in dispute sliall be referred to the arbi- tration of a sint^le arbitrator appointed in accordance with the provisions of sub-section (4) of Section three of the Allotments Act, 1887 ; and for the determination of such question that enact- ment and the provisions of sub-sections (2) and (7) of Section ten of the Local Government Act, 1894, shall apply with the necessary modifications. 33. (CXXVII— CXXXII) Where in pursuance of the adapted provisions the unexpired term in respect of hinds by the Order authorised to be conipulsorily hired shall be deemed to have been surrendered l)y act and operation of law, the surrender shall be deemed to be valid and effectual notwithstanding any disability affecting any party to such surrender; and the adapted provisions witli respect to the payment of and other dealing with compensa- tion on the hiring of lands by the Order authorised to be com- pulsorily liired shall, witli the necessary modifications, be deemed to apply to any amount agreed or awarded to be paid by the parish council on such surrender as aforesaid. 34. (CXXVII— CXXXII) Where in pursuance of the adapted provisions it is at the option of the parish council, as regards lands which in their opinion arc no longer needed for the un- dertaking, to make offers to let the said lands, they shall first offer to let the same to the tenant for the time being of the lands (if any) from which the said lands were originally severed. Every such offer shall be made in writing, and shall specify the terms and conditions of the proposed letting. If such tenant be desirous of hiring the said lands upon the terms and conditions specified in such offer, and within a period of one calendar month after such offer signify his acceptance H. oKDKK, :21st may, 1895. 507 thereof to tlie \y.irhh couiici], they shall let the lands to such tenant accordiii'^ly ; and the parties shall, as soon as conveTiicntly may be, execute siicli contract of tenancy as the circumstances of the case may require. If such tenant be not desirous of hiring the said lands upon the terms and conditions specified in such offer, and within a period of one calendar month after such offer sifj^nify to the jiarisli council his refusal of such offer, or if within such period lie fail to signify to the i)arish council his acceptance or refusal of such offer, it shall be at the option of the parish council to make tlie like offer, with the like incidents and consequences, to any tenant for the time being of any lands immediately adjoining such first-mentioned lands. If such tenant be not desirous of hiring the said lands upon the terms and conditions specified in such offer, and within a period of one calendar inor.th alter such otl'er signify to the parisli council his refusal of such oiVer, or if within such period he fail to signify to the parish council his acceptance or refusal of such offer, it shall be at the option of the parish council to let the said lands to any other person. Provided that — 1. Every contract of tenancy in pursuance of the foregoing provisions shall be in such form and to such effect as to secure that the said lands when hired shall not, except with the consent of the party from wlioin the said lands have been compulsorily hired by the parish council, or of any other person entitled to receive the rent reserved by the lease under which the said lands have been held by the parish council, be used otherwise than for purposes wholly agricultural or wholly pastoral, or for purposes in part agricultural, and as to the residue pastoral, or be in whole or in part cultivated as a market garden, and that the period for which the said lands may l>e hired shall be less than the unexpired term vested in the parish council; and that 2. The terms and conditions of such contract of tenancy shall not iiuj)air or prejudicially affect any right, interest, or claim of the party from whom the said lands have been hired by the parish council, or any person for the time being entitled to the receipt of the rent payable by the said council, in respect of any matter mentioned in Section ten of the Local Government Act, lSO-4, and that, notwithstanding any such letting by the parish council as is authorised by the adapted provisions, such right or interest sliall remain vested in, and such claim may be made by such party or person, as fully and effectually, and with the same incidents and consequences, as if the said lands had remained in the possession of the parish council, and had been used by them for the undertaking. XII. — With kespect to certaik excepted Lands. 35. (XCIX— CVII) The adapted provisions and the Order shall not extend and ap])ly to Any lands belonging to Iler Majesty the Queen, her heirs and successors in right of the Crown, or in right of the Duchy of Lancaster ; nor to 508 ACQUISITION OF LAND : PARISH AND DISTRICT COUNCILS. Any lands belonging to the Duchy of Cornwall ; nor to Any lands being common or waste lands or in the nature of common or waste lands. Given under the Seal of Office of the Local Government Board, this Twenty-first day of May, in the year One thousand eight hundred and ninety-five. [L.S.] G. Shaw Lefevee, President. Walter Foster, Secretary. Local Goveenment Act, 1S94. Compulsory Pitechase of Land : Reoulations and Adaptations under Section 9. Parish Councils and District Councils. To the county council of every administrative county in England and Wales, except the administrative county of London ; — To the urban district council of each urban district in England and Wales which is not a county borough; — To the rural district council of each rural district in England and Wales; — To each parish council in England and Wales; — And to all others whom it may concern. [After reciting the Local Government Act, 1894, Section 9, sub- sections (1) to (6), (7a), (10), and (13), and Section 75 (definition of" prescribed"), the order proceeds as follows :] Now THEREFORE we, the Local Government Board, in pursu- ance of the powers given to us in that behalf, do, by this our order, and until we shall otherwise direct, prescribe as follows; that is to say: Article I.- — In every case in which a county council on a repre- sentation by a parish council under sub-section (2) of Section nine of the Local Government Act, 1S94, or on any pi-oceeding under the Allotments Acts, 1887 and 1890, propose to proceed under Section nint! of the Local Government Act, 1894, and, with a view to such jiroceeding, to cause public inquiry to be made, the county council shall, not less than six weeks before the day on which it is proposed that the inquiry shall be held, cause notice to be given in such form and in such manner as are hereinafter prescribed: 1. The notice shall sjjccify the particulars of the representation or of the proceeding under tlie Allotments Acts, 1887 and 1890, and shall .stale that tlie county council propose to cnuse public inquiry to be made. 2. The notice shall fiirther sj)ccify, as regards any land pro- posed to be taken, the quantity and description, and the situation of the land proposed to be taken, the names of the owners, lessees, and occupiers of the said land, and the purpose for which the said land is proposed to be taken. 3. A printed copy of the notice shall be sent by post by the county council to each owner, lessee, .and occupier of the land proposed to be taken, or, if such owner, lessee, or occupier is absent abroad, to his agent. L. G. B. OKDEB, 22nD MAY, 1895. 509 Akticlb II. — The county foimcil, not more tliflii one calendar month and not less thiiu two weeks before the holding of the public imiuiry, shall cause a notice to the like eHect as tiiat of the notice prescribed by Article I, and containing al>o a statement of the day, time, and place appointed for the holding of the inquiry, and of the person or persons by whom the incpiiry is to be held, to be publislied and given in accordance with the following require- ments ; that is to say : 1. The notice shall be published in the parish or, in the case of any proceeding under the Allotments Acts, 1887 and 1890, relating to an urban liistrict, in the district by posting a printed copy of the notice as a bill or placard in every sucl) place in tiie parish or district as is ordinarily used (or posting public or parochial notices. 2. A printed copy of the notice sliall be sent by post by the county council — (a) Where the county council propose to proceed on a representation of the parish council under sub- section (2) of Section nine of the Local Govern- ment Act, 189i.— to the parish council ; and (6) In the case of any proceeding under the Allotments Acts, 1887 and 1890— i. Where the proceeding is taken on a petition under Section two of the Allotments Act, 1890, by persons qualified as mentioned in that section, — to eacli of the petitioners, ii. Where the proceeding is taken on the petition of the parish council, — to the parish council, iii. Where the proceeding is taken on the petition of the district council, — to the district council ; and (c) In every case to each owner, lessee, and occupier of the land proposed to be taken, or, if such owner, lessee, or occupier is absent abroad, to his agent. Aeticle III. — 1. The county council shall, within ten days after the making of the order, cause a copy of any order made by them under Section nine of the Local Government Act, 1894, to be served by post in accordance with the following requirements; that is to say : i. Where the order relates to land proposed to be taken by the parish council for any purpose to which sub-section (2) of the said Section applies, A copy of the said Order shall be sent by post to the parish council. 2. Where the Order relates to laud proposed to be taken for the purpose of allotments — i. If the proceeding is taken upon the petition under Section two of the Allotments Act, 1S90, of persons qualilied as mentioned in that Section or upon the petition of the parish council, — to the parish council, ii. If the proceeding is taken upon the petition of the district council, — to the district council. 510 ACQUISITION OF LAND : PARISH AND DISTEICT COUNCILS. 3. In every case a copy of the said Order sliall be sent by post to each owner, lessee, and occupier of the land proposed to be taken, or, if such owner, lessee, or occupier is absent abroad, to his agent. Aeticle IV. Every copy of a notice or order which in pursuance of any provision in Articles I, II, and III is required to be sent or served by post to or upon any council or person therein mentioned shall be so sent or served by a registered letter containing such copy, and properly addressed, prepaid, and posted to such council or to such person at his usual or last known place of abode. Aeticle V, The period within which a memorial by a person interested praying that an Order miide under Section nine of the Local Government Act, 1894, shall not become law without further inquiry may be presented to the Local Government Board shall be the period of one calendar month after the making of the said Order. Aeticle VI. For the purposes of Section nine of the Local Government Act, 1894, except so far as by sub-section (18) the said section is rendered applicable to a county borough, the several provisions hereinbefore mentioned of the Allotments Acts, 1887 and 1890, shall be adapted in the form and manner set forth in the Schedule to this Order. SCHEDULE. The Allotments Act, 1887. Section 2 (2). (2) A county council or a district council carrying into effect an Oi'der made under Section nine of the Local Government Act, 1894, for putting in force as respects laud to be taken for the purjjose ot allotments, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than l)y agreement shall not under such Order acquire land for allotments save at such price or rent that in the opinion of the said council all expenses, except such expenses as are iucui'red in making roads to be used by the public, incurred by tlie said council in acquiring the land and otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof. Section 3 (5), (6), (7), and (8). (5) In construing, for the purposes of Section nine of the Local Government Act, 1894, the provisions of the Lands Clauses Acts as incorporated with the said section, and the provisions of the said Acts and of Sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1815, as incorporated with an Order which has been made and has become final under the said section, the Local Government Act, 1894, together with any such Order, shall be deemed to be the Special Act; and the parish council, for any purpose for which the said council are authorised to acquire land by agreement, or for any purpose in relation to wliich land authorised to be acquired otherwise than by agreement may be assured to the said council, and the county council carrying into effect, for such last-ujentioned purpose, any such Order as is herein- before mentioned, and the county council or the district council L. G. B. ORDER, 22nD MAY, 1895. oll carrying into effect, for the purpose of allotments, any such Order as is horfinl)L'fore mentioned, sli:iil respectively, as the ease requires, be deemed to be the promoters of the undertiikin); or theeompany, and the word " hind " in relation to any puriiose tor whicii the parisli couneil are autliorised to acquire land or in relation to allot- ments shall liave the same meaning as in the Allotments Act, 1SH7. (6) "Where hind is purchased under an Order in ])Uisnance of Section nine of the Local (lovernment Act, 18'Jl-, otherwise than by agreement the following provisions shall ap])ly : («) The county council and tlie Local (iovernment Board shall not make an Order for purchasing any park, garden, pleasure- ground, or other land required for the amenity or conveni- ence of any dwelling-house, or any land the property of a railway or canal company which is or may be required for the purposes of their undertaking : (b) The county council and the Local Government Board shall, in making an 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 helongin? to the same owner, and shall, so far as is practicable, avoid taking an nudue or inconvenient quantity of land from any one owner. (7) For the purpose of the hiring of land by a parish council for a purpose for which the said council are authorised to acquire land, any person, or body of persons, or body cor|)orate authorised to sell land to the sanitary authority for the purposes of tlie Allot- ments Act, 1887, may, without prejudice to any other power of leasing, lease land to the parish council, without any fine or premium, for a term not exceeding thirty-five years. (S) The county council and the Local (lovernment Board shall not make an Order in pursuance of Section nine of the Local Government Act, 1894, for purchasing any right to coal or metalli- ferous ore. Section 11. (1) Where a parish council are of opinion that any land or any part of any land acquired by the said council by agreement in pursuance of Section nine of the Local Government Act, 1894, or assured to the said council in pursuance of sub-section (14) of Section nine of the Local Government Act, 1S94, for a purpo-e for which the said council are authorised to acquire land, is no longer needed for the purpose for which the said laud was acquired, or that any other land more suitable for such purpose is available and may be acquired by the said council by agreement, the said council may, with the sanction of the county council, and subject to the provisions of sub-section (2) of Section eight of the Local Government Act, 1894, sell or let such 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 exchange. (2) Where a i)aris'h council are of opinion that any land or any part of any land assured to the said council in pursuance of sub- section (14) of Section nine of the Local Government .Vet, 1894, for the purpose of allotments is no longer needed for such purpose, the said council may, with the sanction of the county council, and subject to the provisions of sub-section (2) of Section eight of the Local Government Act, 1894, sell or let such land or part, or exchange the same for other land more suitible for the said purpose, and may pay or receive money for equality of exchange. 512 ACQUISITIOX OF LAND : PARISH AND DISTRICT COUNCILS. (3) Where a disti'ict (!Ouncil liaviiig can-ied into eft'ect an Order whicli has been made aud has become final uiuler Section nine of the Local Government Act, 1894, for putting in force for the purpo-;e of allotments the provisions of the Lands Clauses Acts with respect to the purchase and taking' of land otherwise than by agreeuient, are of opinion that any land or any purt of any, land acquired by the said council, is no longer needed for the purpose of allotments, or that any other land more suitable for such purpose is available and may be acquired by agreement, the said council, with the sanction of the county council, may sell or let such 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 exchange. (4) i'he proceeds of a sale under the foregoing provisions of any land or any part of any land acquired by or assured to a parish council, and any money received by the said council on any such excliange as aforesaid by way of equality of exchange, shall be applied in discharging, either by way of a sinking fund or otherwise, the debts and liabilities of the said council in respect of the land acquired or assured as aforesaid, or for any purpose for whicli capital money may be applied and which is approved by the Local Government Board; and the interest thereon (if any) and any money i-eceived from the letting of the land may, subject to the provisions of Section eight of tlie Local Government Act, 1894, be applied in aid of the expenses of the said council under the Local Government Act, 1894. (5) The proceeds of a sale under the foregoing provisions of any land or any part of any land acquired by a district council carrying into effect an Order which has been made and has become final under Section nine of the Local Government Act, 1894, for putting in force for the purpose of allotments tlie provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, shall be applied, and any surplus remaining, any interest, and any money received from the letting of the land may or shall be applied, as nearly as may be in the same manner, and with the same incidents and consequences, as if the said land had been acquired and otherwise dealt with in pursuance of the Allotments Act, 1887. (6) Sections one hundred and twenty-eight to one hundred and thirty-two (both inclusive) of the Lands Clauses Consolidation Act, 184.5 (relating to the right of pre-emption of superfluous lands), shall apply upon any sale of any land in pursuance of the foregoing provisions ; but, save as aforesaid, the provisions of the Lands Clauses Consolidation Act, 1845, with respect to the sale of super- fluous lands shall not be deemed to be incorporated in Section nine of the Local Government Act, 1894, or in any Order made under that section. The Allotments Act, 1890. Section 3. (2) For the purpose of any business under Section nine of the Local Government Act, 1894, relating to any district or parish wholly or partly situate in an electoral division, the county coun- cillor representing that division shall, if not already appointed, be an additional member of the Standing Committee appointed for the purposes of the Allotments Acts, 1887 and 1890. L. G. B. ORDER, '23rD MAY, 1895. 513 (3) Any representation by a parish council under sub-section (2) of Section nine of the Local (iovernnicnt Act, 1891, shall as of course, and without any order of the county council, be referred to the said standing committee, who shall forthwith inquire into the circumstances, and shall report the result to the county council. (4) Where the county council are satisfied that the circumstances are such as to justify them in jirocecding under .*^cction nine of the Local Government Act, 1894, the public inijuiry mentioned in sub- section (3) of the said Section shall be held by such one or more members of the said standing committee, or such officer of the ■county council as the said standing committee may appoint to hold the same. Given nnder the Seal of Office of the Local Govern- ment Hoard, this Twenty-second day of May, in the year One thousand eight hundred and ninety- five. [l.s.] G. Shaw Lefeveb, President. Walter Foster, Secretarj/. Local Government Act, 1894, Compulsoet Purchase op Land : Regulations and Adaptations under Section 9. County Boroughs. To the Mayor, Aldermen, and Burgesses of the several county boroughs in England and Wales ; — And to all others whom it may concern. [After reciting the Local Gov^nment Act, 1894, Section 9, sub- sections (1) to (6), (7a), (10), (13), and (18), and Section 75 (definition of " prescribed "), tlie order proceeds as follows :] Now therefore we, the Local Government lioard, in pursu- ance of the powers given to us in that behalf, do by this our order, and until we shall otherwise direct, prescribe as follows; that is to say: Article I. — In every case where on a petition by the council of a county borough under sub-section (2) of Section three of the Allotments Act, 1887, as amended by sub-section (7) of Section thirty-four of the Local Government Act, 1888, the Local Govern- ment Board propose to proceed under Section nine of the Local Government Act, 1894, and with a view to such proceeding to cause public inquiry to be made in the county borough, the provisions of sub-section (8) of the last-mentioned enactment shall apply to the said public inquiry as to a local inquiry within the meaning of the said enactment. Article 11. — In every case where on a petition of the council of a county borough under sub-section (2) of Section three of the Allotments Act, 1887, as amended by sub-section (7) of Section thirty-four of the Local Government Act, 1888, the Local (iovcrn- ment Board propose to proceetl under Section nine of the Local Government Act, 1894, the council within a period of one calendar month from the date at which the council shall have been informed of such proposal shall, as regards any land proposed to be taken, cause notice to be given in the county borough and to every owner, lessee, and occupier of the land proposed to be taken in such form and in such manner as are hereinafter prescribed : 514 ACQUISITION OF LAND : COUNTY BOROUGHS. 1. The notice shall in regard to the land proposed to be taken specify the following particulars : (a) The purpose for which the land is proposed to he taken. (S) The quantity and description and the situation of the land, (c) The names of the owners, lessees, and occupiers of the land. 2. A printed copy of the notice shall he posted as a hill or placard in every such place in the county horough as is ordinarily used for posting public or parochial notices. 3. A printed copy of the notice shall he sent by post by the council to each owner, lessee, and occupier of the land proposed to be taken, or, if such owner, lessee, or occupier is absent abroad, to his agent. Aeticle III. — The council of a county borough shall within a period of ten days after the receipt from the Local Government Board of copies of any order made by the board under Section nine of the Local Government Act, 1894, upon a petition of the council under sub-section (2) of Section three of the Allotments Act, 1887, as amended by sub-section (7) of Section tliirty-four of the Local Government Act, 1888, cause a copy of the said order to be sent by post to each owner, lessee, and occupier of any land proposed to be taken in pursuance of the said order, or, if such owner, lessee, or occupier is absent abroad, to his agent. Article IV. — Every copy of a notice or order which in pursu- ance of any provision of Articles II and III is required to be sent by post to any person therein mentioned shall be so sent by a regis- tered letter containing such copy and properly addressed, prepaid, and posted to such person at his usual or last known place of abode. Abticle V. — The period within which a memorial by a person interested praying that an order made by the Local Government Board under Section nine of the Local Government Act, 1894, upon a petition of the council of a county borough under sub-section (2) of Section three of the Allotments Act, 1887, as amended by sub- section (7) of Section tliirty-four of the Local Government Act, 1888, shall not become law without further inquiry may be pre- sented to the Local Government Board, shall be the period of one calendar month after the making of the said order. Aeticle VI. — For the purposes of Section nine of the Local Government Act, 1894, so far as the said section is rendered appli- cable to a county borough, sub-section (2) of Section two, sub- sections (5), (6), and (8) of Section three, and Section eleven of the Allotments Act, 1887, shall be adapted in the form and manner set forth in the Schedule to this order. SCHEDULE. The Allotments Act, 1887. Section 2 (2). (2) A council of a county borough carrying into effect an order made under Section nine of the Local Government Act, 1894, for putting in force, as respects land to be taken for the purpose of allotments, the provisions of the Lands Clauses Acts with respect L. r,. B. ORDER, 23rd MAY, 1895. 515 to the piirchiise iiiid tiikinp of luuil otherwise than b}' iiffrecinent, shall not under such order iicquire land for allotments, save at 8uch price or rent that in the opinion of the said council all expenses, except such exjjcnses as are incurred in making roads to be used by the public, incurred by the said council in ac(iuiring the land and otherwise in relation to the allotments, may reasonably be expected to be recoujied out of the rents obtained in respect thereof. Section 3 (5), (6), a»d (8). (5) In construing, for the purposes of Section nine of the Local Government Act, IHOI, as iipplicable to a county borough, the pro- visions of the Lands Clauses Acts and of Sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845, as incorporated with an order which has been made and has become final niider the said section, the Local Government Act, 1894, together with any such order shall be deemed to be the Special Act, and the co\uieil of the county borough carrying into effect any such order shall be deemed to be the promotera of the undertaking or tlie company, as the case requires, and the word " land " shall have the same meaning as in the Allotments Act, 1887. (6) Where land is purchased by a couucil of a county borough under an order in pursuance of Section nine of the Local Govern- ment Act, 1894, otherwise than by agreement, the following pro- visions shall apply : (rt) The Local Government Board shall not make an order for purchasing any park, garden, pleasure-gi'ound, or other land required for the amenity or convenience of any dwelling- house, or any land the property of a railway or canal company which is or may be required for the purposes of their undertaking. (6) The Local Government Board shall, in making an order for purchasing land, have regard to the extent of land held in the neighbourhood by any owner, and to the convenience of other property belonging to the same owner, and shall, so far as is practicable, avoid taking an undue or inconvenieut quantity of land from any one owner. (8) The Loc;il Government Board shall not make an order in pursuance of Section nine of the Local (iovernment Act, 1804, for purchasing any right to coal or metalliferous ore. Section 11. (1) Where a council of a county borough, having carried into effect an order which has been made and has become final under Section nine of the Local Government Act, 1894, for j)utting in force for the purpose of allotments the provisions of the Lands Clauses Acts with respect to the purchase and taking of land other- wise than by agreement, are of ojiinion that any land or any part of any land acquired by the said council is no longer needed for the purpose of allotments, or that any other land more suitable for such purpose is available and may be acquired by agreement, the said council, with the sanction of the Local Government Board, may sell or let such 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 exchange. (2) The proceeds of a sale under the foregoing provisions of any land or any part of any land acquired by a council of a county borough, carrying into effect an order which has been made and has become final under Section nine of the Local Government Act, 51C DEMAND NOTE FOR POOR RATE. 1894, for putting in force for the purpose of allotments the pro- visions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, shall be applied, and any surplus remaining, any interest and any money received from the letting of the land may or shall be applied, as nearly as may be in tlie same manner, and with the same incidents and consequences as if the said land had been acquired and otherwise dealt with in pursuance of the Allotments Act, 1887. (3) Sections one hundred and twenty-eight to one hundred and thirty-two (both inclusive) of the Lands Clauses Consolidation Act, 1845 (relating to the right of pre-emption of superfluous lands), shall apply upon any sale of any land in pursuance of the foregoing provisions ; but, save as aforesaid, the provisions of the Lands Clauses Consolidation Act, 1845, with respect to the sale of super- fluous lands shall not be deemed to be incorporated in Section nine of the Local Government Act, 1894, or in any order made under that section. Given under the Seal of Office of the Local Government Board this Twenty-third day of May, in the year One thousand eight hundred and ninety-five. [l.s.] G. Shaw Lefetbe, President. Waltee Foster, Secretary. DEMAND NOTE FOR POOR RATE. Local Government Act, 1894, Section 11 (5). Form of Demand Note foe Payment of Pooe Rate. To the overseers of the poor of every rural parish in England and Wales; — And to all others whom it may concern. Whereas by sub-section (5) of Section 11 of the Local Government Act, 1894, it is enacted that the demand note for any rate levied for defraying the expenses of a parish council or a parish meeting, together with other expenses, shall state in the prescribed form the proportion of the rate levied for the expenses of the council or meeting, and the proportion (if any) levied for the purpose of any of the adoptive Acts as defined by sub-section (1) of Section 7 of the said Act ; And whereas under the provisions of Section 75 of the said Act the expression " prescribed form " in the above-cited sub-section means such form as may be prescribed by order issued by us, the Local Government Board; And whereas by a general order dated the 14th day of June, 1875, and by certain general and other orders issued by the Poor Law Commissioners, the Poor Law Board, and by us, provision was made with regard to the form of the demand note for the payment of any poor rate ; And whereas we, the Local Government Board, deem it expedient that every demand note for a poor rate levied within any parish within a rural district (hereinafter called a " rural parish ") should be in the form hereinafter prescribed : Now therefore, in pursuance of the powers given to us in that behalf, we do hereby order that, notwithstanding anything con- L. G. B. ORDER, 21ST SEPTEMBER, 1895. 517 tained in the above-cited order dated the 14th day of June, 1875, or in any other order issued by the Poor Law Commissioners, the Poor Law IJoard, or by us, every demand note for tlie pay- ment of a poor rate liereafter made by the overseers of the poor of any rural jjarish in Enj^bind and Wiiles, whether or not it includes any rate raised with and as part of the poor rate, shall, subject to any departure which maybe assented to by us, be in the following form, namely, — Union. Assessment No. Demand Note. Parish of Mr. (Address) The overseers of the poor demand payment of the poor rate, made the day of , 189 , to meet expenses which will be incurred before the day of next, whether or not it includes any rate now due from you, in respect of the premises , of which the rateable value is assessed at £ . £ *. d. Amount of rate at in the pound . Arrears ....•• Total £ Amount payable by owner, provided it be paid within the time prescribed by the Statute 32 and 33 Vict., Cap. 41, Sect. 5 . . £ Purposes for which the above-mentioned rate was made, and amount in the pound levied for each purpose : Amount in the £. s. d. Relief of the poor and other expenses of the guardians ..... General expenses of rural district council (in- cluding highways) .... County contributions .... Expenses of highway board Expenses of school board Expenses under Adoptive Acts, viz. Tlie Haths and Washhouses Acts, 1846 to 1882 ..... The Burial Acts, 1852 to 1885 The Public Libraries Act, 1892 (subject to allowance of two tliirdsou land) . Expenses (other than under adoptive Acts) of parish council, or {where no parish council) of parish meeting .... Expenses of the overseers Total . £ (Signed) , Collector or Assistant Overseer or Overseer. 518 COUNTY COUNCILS: LOANS TO PARISH COUNCILS. Provided that in the demand note the words " amount payable by owner, provided it be paid within the time prescribed by the Statute 32 and 33 Vict., cap. 41, sect. 5," may be omitted in any case where such words are not required, and it shall not be neces- sary to include in the demand note a reference to expenses other than those in respect of which the rate was made. Given under the Seal of Office of the Local Govern- ment Board, this Twenty-first day of September, in the year One thousand eight hundred and ninety- five. [i.s.] Henry Chaplin, President. Hugh Owen, Secretary. Local Goveenment Act, 1894: Section 12 (2). County Councils: Loans for Purpose of Advances to Parish Councils. To the county councils of the several administrative counties in England and Wales, other than the county council of London; And to all others whom it may concern. [After reciting Section 12 (2) of the Local Government Act, 1894, the order proceeds as follows :] Now therefore we, the Local Government Board, do hereby order that any loan raised by a county council in pursuance of the above-recited sub-section for the purpose of lending to a parish council any money which such parish council are authorised to borrow shall be subject, in addition to the conditions applied by such sub-section, to the following further conditions; namely: Article I. — The loan raised by the county council shall be dis- charged within a term ending not later than one year after the date at which the parish council are required to pay off the money lent to them. Article II. — The money lent to the parish council shall be re- payable by them to the county council by equal yearly or half- yearly instalments of principal or of principal and interest com- bined. Article III. — If the whole or any part of an instalment of principal is not paid by the parish council to the county council within si.x months after the date on which the instalment is due, the county council shall set apart out of the county fund the amount of such instalment by which the parish council are in default, and shall apply the same in repayment of the loan by means of whicli the moneys lent to the parish council were raised, or in redemption of stock if the loan has been raised by stock. If the amount due from the parish council is thereafter received by the county council from the parish council, the amount shall be applied in recouping the county fund the amount set apart out of such fund. Article IV. — Subject to Article III, all sums received by the county council from the parish council for principal shall be applied only in repayment of the loan by means of which the moneys lent to the parish council were raised, or in the redemption of stock if the loan has been raised by stock. L. G. B. ORDER, 5tH NOVEMBER, 18H5. .'Jl9 Aeticle V. — All sums which in pursuHiicc of Article 111 or Article IV are required to be applied in redemption of stock shall be transferred to the redemption fund, luans fund, or other fund or account to which, under tlie provisions of the acts or rej^uhitions in force for the time being in th« county poverniug the issue and redemption of stock by tl»e county council, sums required to be applied in redemption of stock are to be paid. Aeticle VI. — Subject to Article III, all sums received by the county council from the parish council for jirincipal and not forth- with applied as required by Article IV shall be invested by the county council in securities in which sums so applicable may law- fully be invested, and the county council may from time to time vary any such investments. CJiveu under the Seal of Office of the Local Government Hoard, this Fifth day of November, in the year One thousand eight hundred and ninety-five. [l.s.] Heney C'HAPLiy, President. HtTGH Owen, Secretary/. 520 PROCEEDINGS UNDER BURIAL ACTS: URBAN DISTRICTS. MEMOEANDA. The following Memorandum has been issued by the Home Office :. DIRECTIONS AS TO PROCEEDINGS UNDER THE BURIAL ACTS. (A) IN URBAN DISTRICTS. It is to be noted that the provisions contained in Sections 10 to 42 (both inclusive) and in Sections 44, 50, 51, and 52 of the " Bui'ial Act, 1852," which originally applied only to the metropolis are, by the enactment in Section 7 of the " Burial Act, 1853," applied to parishes not in the metropolis. It is also to be noted that — 17 & 18 Vict., (i) ill loroughs, in which all or any of the burial grounds have c. 87. been directed to be closed by an Order in Council, the town council may upon petition be constituted the burial board by Order in Council ; 18 & 19 Vict ('0 ^^^ urban district council which was formerly a local c. 128, s. 20.' board of health acting as or created a board nnder any local Act of Parliament has all the powers of a burial board ; 20 & 21 Vict., (iii) ill urban districts, other than those referred to in (i) and c. 81, 3. 4. (ii)j in which all or any of the burial grounds have been directed to be closed by an Order in Council, and for which no burial board has been already appointed, the urban district council may upon petition be constituted the burial board for the district by Order in Council ; 56 & 57 Vict., (iv) in municipal boroughs or any other urban district, the 0.73,8.33. council or some other representative body within the district may have conferred on it, by oi'der of the Local Government Board, the powers, duties, or liabilities of a parish council with regard to the execution of the Burial Acts. 17 & 18 Vict., In the case of a district council which is constituted a burial c. 87, a. 2. board by an Order in Council, no approval, sanction, or authoriza- 0*^81 a 4 *''' ^'*'" °^ ^°y vestry in respect of any proceedings under the Burial Acts will be necessary. Adoption of Acts. 15 & 16 Vict., !• A meeting of the vestry or in the nature of a vestry, of a c. 85, a. 10. parish (poor law or ecclesiastical), or of a district for which such ^^1^8^ ^i^;,'' meetings have been accustomed to be held, is required hy law to be 20 & 21 Vict, convened by the churchwardens, or other persons to whom it c. 81, 8. 5. belongs to convene such meetings, to consider whether a burial Veatry ground shall be provided under the Burial Acts for such parish or '" district, on the following occasions : (Ibid.) (a) Upon the requisition in writing of 10 or more ratepayers of any ])arish in which the place or places of burial shall appear to such ratepayers insufficient or dangerous to health. HOME OFFICE MEMoKANDLM. 521 (6) Where notice is given of the iuteution of the Secretary of 18 & 19 Vict.. State to represent to Her Miijesty in Council tiiat c. 12s, b. 3. buriiils sbouUi he iliscontinued wholly or in part in any burial grouml in the parish. Also the same authorised persons may convene a vestry at any (ibid.) time at their discretion to deterniiiie the same (juestion. 2. Public notice must l)e given of such vestry meeting, and the 15Scl6 Vict., place and hour of holding the same, and the special purposes <^ ^^' ■• 1". thereof in the usual manner in which notices of the meeting of the vestry are given, at least seven days before holding the vestry. 3. If the vestry i)roi)ose to adopt the Hurial Acts they should (Ibid.) pass a resolution in the following terms : " That a burial around under the Burial Acts shall be provided for the parish of ." 4. Such resolution must receive the approval of the district 56 & 57 Vict., COUTicil. c. 73, s. 62 5. A copy of such resolution, extracted from the minutes of the Wjj > vestry and signed by the chairman, must be sent to the Secretary of State. 6. If such resolution be passed by the vestry and approved lot 16 Vict., by the council of the district and a copy sent as above described, f-So.s. 11. the vestry may proceed to appoint a burial board without further reference to the Secretary of State, e.\cept as follows : In cases — (1) " Where a parish or place has beeii united with any other Cases wliere parish or place, parishes or places for all or any ^ppro'^alof ecclesiastical purposes," Stute ia Qj. required be- fore appoiut- (2) " Where two or more parishes or places have heretofore mciit ot had a church or a burial ground for their joint use," L','?'!,'*!,''^?'^''' ° •' 20 Sc 21 Vict., or c. 81, s. 9. (3) " Where the inhabitants of several parishes or places have been accustomed to meet in one vestry for purposes common to such several parishes or places." In such cases, — notwithstanding that by 18 & 19 Vict., c. 128, s. 11, power is given to the vestry or meeting in the nature of a vestry of such several p.irislies or jilaces (and whether any one or more of tliem do or do not separately maintain its own poor) to appoint a burial board and e.xercise such powers therein referred to as are vested in the vestry of a parish or place separately maintaining its own poor, — nevertheless, if any of the several parishes or places — («) " separately maintains its own poor," or (b) " has a separate burial ground," it shall not be lawful for the vestry or meeting in the nature of a vestry of such several parishes or places to ajipoint a burial board under 18 li; lU Vict. c. 128, s. 11, without the approval of one of Her ^Majesty's Principal Secretaries of &tate. (4) Also— " Where any parish or place has been divided into two or 23 k 2* Vict., more parts or districts for all or any ecclesiastical ^ • ^*> *• * purposes, and any one of sucli parts has a separate burial ground, it shall not be lawful for the vestry or meeting in the nature of a vestry for such entire parish or place to appoint a burial board without the approval of one of Her Majesty's Principal Secretaries of State." 522 PROCEEDINGS UNDER BURIAL ACTS : URBAN DISTRICTS. 20 & 21 Vict., 7. In any case where the approval of the Secretary of State is c. 81, s. 9. necessary it sliall be applied for as follows. After the vestry have passed the resolution already described of their intention to provide such burial ground, and before they take any further proceedings, they must pass a resolution in the following terms : 34 jj 35 Vict. " That it is expedient that a burial board shall be appointed c. 33, 8.1. under the Burials Acts for the parish {or district) of ^ . , which includes the parishes or portions of herethV the parishes of { * ), and of { * ), each of which parishes or has a separate burial ground [or] is separately rated to portions of the poor." parishes having And submit such resolution to the Secretary of State for his grounds. 8. When making application for such approval it should be stated in what manner the ratepayers in each and all of the districts to be affected have been informed of what is proposed, and whether or not there is any opposition, and, if there be, by whom and for what alleged reasons. 9. If the Secretary of State decides to approve the resolution of the vestry, he will signify his approval by letter from the Home Office; and on receiving such approval, the vestry will proceed to elect the members of the burial board as in the first instance. 20&21 Vict., 10. If, however, it appear to the Secretary of State that any of c. 81, s. 9. such parishes or places has a sufficient burial ground, or that other- wise it would not be expedient that the powers given by the Burial Act, 1855, should be exercised in relation to such parish or place, the Secretary of State may direct that such parish or place shall be excepted ; and the inhabitants of the remaining parish or parishes, place or ])laces, may assemble in vestry or in a meeting in the nature of a vestry, from time to time, and in such vestry or meeting may proceed in like manner in all respects as if the in- habitants of such last-mentioned parish or parishes, place or places exclusively had a vestry for their common jiurposes, and were wholly unconnected with the parish or place so excepted. Burial board. 11. Subject to the conditions as to the approval of the Secretary 15&1C Vict., of State, the vestry must appoint a burial board, consisting of not ^' '^' ' less than three, and not more than nine members, of whom the incumbent, though not a ratepayer, may be one. 15 & 16 Vict. 12. The expenses proposed to be incurred by the burial board in c. 85, 8. 19. purchasing and laying out a burial ground in pursuance of their powers to that effect, and in building chapels, &c., thereon, must be sanctioned by the vestry of the ])nrish ; to provide funds for '• 1*- not less than three fourths of its members, that it is unnecessary and undesirable to provide such nnconsccrated chapel, then on receivhig a representation to that effect, and on being satisfied that every legal notice of the holding of the meeting of such autliority was duly givt-n, the Secretary of State may signify his opinion in the same sense to the burial autliority, and the burial authority will be relieved from the obligation to provide such chapel. 24. If the burial authority determine that there is no necessity to provide a chapel on the consecrated part of the ground, there is nothing to prevent their nevertheless providing a chapel for the uncon*ecrated portion of the ground, and it is held that in such case the proviso in Section 7 of the Act IG & 17 Vict., cap. 134, is not applicable, and that the plans do not require the approval of the Secretary of State. 25. The burial authority fix and settle fees and payments in F"v.?',fiv respect of interments and other services connected therewith in p^gj g 3^*^ '' the new burial ground subject to the approval of the Secretary of 18 Sc'l9 Vict., State. c. 128, s. 7. 26. The Secretary of State requires evidence that the proposed scale of fees has been published in the district to which it applies a sufficient time to allow of objections being made. Such publi- cation should be by advertisement in a local newspaper and by affixing the scale of fees to the doors of all churches and chapels in the district for not less than three weeks before application is made for ajiproval. 27. The scale of fees submitted for approval should contain the fees payable to the burial authority only, and should be authenti- cated by the signature of the chairman. 28. Any alteration in or revision of an approved scale of fees must be similarlv submitted for the approval of the Secretary of State. 29. The fees to the incumbent, clerk, and sexton are provided for separately in the Hurial Acts, and should not appear in the table submitted for the approval of the Secretary of State. The burial authority has no power to fix, settle, or exact fees or pay- ments in respect of the services of Nonconformist ministers in any part of the burial ground. Whitehall, Dt'cemher, 1895. 530 RIGHTS OF WAY, ETC, : KURAL DISTRICT COUNCILS. Memorandum as to the Powers and Duties of Rural District Councils under the Local (Iovernment Act, 1894-, with respect to Rights of Way, Roadside Wastes, AND Commons. 1. RigJds of Way. It is the duty of ii district council, wlietlier tliev be the highway authority or not, under Section 26 (1) of tlie Local Government Act, 1S04, to protect all public rights of way and to prevent, as far as possible, the stopping or obstruction of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stop- page or obstruction thereof would, in their opinion, be prejudicial to the interests of their district ; and under sub-section 3 of the same section they may, for the purpose of carrying into effect tlie section, institute or defend any legal proceedings and generally take such steps as they deem expedient. This section applies not merely to future obstructious or stop- pages of rights of way, but to any past obstructions or stoppages which have been effected in recent times ; and where there is clear evidence that the public have in past times enjoyed such rights, the district council will be entitled to take proceedings for the purpose of recovering them, or of putting an end to the obstructions. It is not necessary, however, to point out that it will not be expedient to rake up cases which have long been allowed to pass unquestioned, for although there is no limit of time to the enforcement of public rights, there may be difficulty of proof in respect of rights which in fact have not been exercised for a length of time. The Act by Section 26 (4) provides that where a parish council have represented to the district council that any public right of way within the district, or an adjoining district in the county or counties in which the district is situate, has been unlawfully stopped or obstructed, it shall be the duty of the district coimcil, unless satisfied tliat the allegations of such representation are in- correct, to take proper i)rocee(lings accordingly. If tlie district council refuse or fail to take proceedings in conse- quence of such representation, the parish council may petition the county council of the county within which the way is situate, who are then empowered to take such proceedings as the district council might have done. In view of this provision it will be necessary for the district council carefully to inquin; into any such case of obstruction or stoppage which is brought before them by a parish council, and to take action upon it, if it should be clear to them that the riglit of the public has been infringed. It may, however, be pointed out th;it tlie duties of a district council are not limited to cases where they are set in motion by a parish council, but that, in any case where it is brought to their notice from any quarter that a footpath has been obstructed or stopped, it will be their duty to take steps to vindicate the right of the public, if fully satisfied of the validity of the claim. These observations apply equally to bridleways as to footpaths. It not infrequently happens that the right of the public to use a way for horses is questioned, while that of its use for foot pas- sengers is admitted. In cases of bridleways it will be the duty of the district council to assert the right of the public to use the way for horses. L. S. K. MEMORANDUM, JANUARY, 1895. 531 With respect to the proceedings to be adopted by the district council where they are clearly of opinion that a footway or bridle- way has been obstructed or stopped, there appear to be three courses open to theui : (1) To direct the removal of the obstruction. (2) To indict the person who has caused the obstruction for a niisdeuieanor. (3) To proceed by way of action in the name of the Attorney- General, lor which his " tint " must be obtained in the usual way. The last of these courses will, in many cases, be found prefer- able to that of indictment. As a ^'eneral rule, however, where the public right appears to be (juite clear, it will be better for the district council ti) direct their surveyor to remove the obstruction to a footpath, leaviny^ it to the jjcrsou who has ))laced it there, if he wishes to raise a question of law, to do so by bringing- an action of trespass. This course should be adopted only after due notice to the parties concerned. With respect to the legal division or stoppage of footpaths, it is to be observed that under the Local Government Act, 1894, Section 13, sub-section (1), the consent of both the parish council (or of the parish meeting where there is no parish council), and the district council, is necessary before justices in quarter sessions can give their sanction to such a course. The only ground on which a footpath can be wholly stoi)ped without the substitution of another is that it is unnecessary, and this question will be for the conside- ration of both the parish and the district council. Where it is pro- posed to divert a footpath the question for consideration will be whether the proposed footpath is more commodious for the public than the existing footway. (See Highway Act, 1835, 5 & G Will. 4, c. 50, Sections 84—92.) The district council may refuse their consent to the stoppage or diversion of a footpath even after the parish council has given consent. The owner of the land over which a public footpath lies has the right to maintain existing stiles or swing gates across it, provided they are of a reasonable kind, and are such that the public are not debarred from the use of the footway. But it will be the duty of the district council to see that the use by the j)ublic of a foot- path is not hindered by the erection of stiles or gates which are substantially less convenient than have existed in the past. 2. Roadside Wastes. Where on either side of a public road strips of land exist, open to the jniblic, between the metalled road and the fences l)eyond, priiiid face, the public right of way extends, unless there be evidence to the contrary, over such strips or roadside wastes, and they cannot lawfully be enclosed by the owner of the adjoiniu"- land or by the lord of the manor, or by any other person. 8uch strips may he of varying width, and the adjoining owner has no right to straighten the line of his fences by taking in any part of the roadside waste. It is not uncommonly believed tiiat there is a right to. enclose up to fifteen feet from the centre of the road. This is not so ; the public, unless it can be proved to the contrarv, have the right to the roadside waste beyond this limit, and between the fences and the road, and moreover the district council have no power to authorise the enclosure of any portion of such roadside 532 RIGHTS OF WAY, ETC. : RUKAL DISTRICT COUNCILS. waste. The fact that trees or shrubs have been allowed to grow up on these roadside wastes, so as to interfere with tlieir use by the public, does not necessarily destroy such right or justify their enclosure. . The Local Government Act, 1894, by Section 2G (1) and (3) uiiikes it obligatory on the part of district councils to enforce the law for the j)rotectiou of such roadside wastes. " It shall be the duty," the Act says, "of every district council to prevent any un- lawful eucroaclnuent on any roadside waste within their district," and they may for the purpose of performing this duty, " institute or defend any legal proceedings, and generally take such steps as they deem expedient." As in the case of footpaths, a parish council may make representation on this subject to the district council, and if the district council neglect or refuse to act the parish council may appeal to the county council, who may then, if they thiuk fit, take action in the matter at the exj)euse of the district council. The district council, however, are not limited in their action to cases where representation is made under the Section referred to. They should at once take into consideration any information which they may receive that encroachments have been made on a roadside waste, from whatever source the informa- tion may come. The power of appealing to the county council conferred on the ])arish council may be exercised by a parish meeting where there is no parish council (Section 19, sub- section 8.) It should be recollected that this right of the public to the main- tenance of the roadside waste in rural districts does not mean that the soil of the land belongs to the public. As a general rule the ownership of the land of the roadside waste in rural districts is vested in the owner of the adjoining land, subject to the right of passage by the public. In some cases, however, it is part of the waste of a manor, and belongs to the lord of the manor subject to any manorial rights, and in some few cases the roadside waste belongs to the highway authority, where the road has been laid out under an enclosure Act or other private Act. As in the case of footpaths, the powers of the district council are not limited to future encroachments or enclosures of roadside wastes. There is no limit of time to the assertion of the right of the public to the use of roadside wastes. The district council should therefore con- sider all encroachments which have been made within recent times. The legal remedies in the hands of the district council, where encroachments on roadside wastes have been made, are the same as in the case of stoppage of footpaths, and need not be repeated. In the case of all future encroachments where there is no doubt as to the public right, it will, as a general rule, be advisable to assert the right of the public by removing the obstruction, after due notice to the person who has made the encroachment, leaving it to the person claiming the right to obstruct to assert it by an action of trespass. It will be borne in mind that as regards main roads the Local Government Act, 1888, confers on county councils the necessary powers for preventing and removing obstructions, and for asserting the right of the public to the use and enjoyment of the roadside wastes. The district council should therefore, in the case of a main road, bring under the attention of the county council any such obstruction or interference with the public rights in respect of roadside wastes within their district which may come to their knowledge. I,. G. B. MEMORANDUM. JANUARY, 1895. 533 3. Commons. The Local Govermneiit Act, 1894, contains very important pro- visions framed witli tlie object of keeping- open, iu the interest of the public, any existing eonunons or open lands subject to common rights, of preventing their enclosure, and enabling district council to propose schemes for their maintenance and regulation. These must be considered in connection with the provisions of other Acts passed in late years. With a view to prevent the enclosure of commons, the Law of Commons Amendment Act, 1893, 56 & 57 Vict. c. 57, has provided that no LiK-losure under the Statute of Merton should thenceforward be valid unless made with the consent of the Hoard of Agriculture, and further, that the Hoard should not consent to any such enclosure unless satisfied that it would be fur the benefit of the neighbourhood. In combination with this it should also be noticed that the Commons Act, 1876, by Section 31, jjrovides that any person intending to enclose a common or part of a common must publish a statement of his intention at least three months before- hand, three times in two or more of the principal local newspapers ; and the Local Government Act, 1894, by Sections 8 (4) and 26 (2) requires that notice of any application to the Hoard of Agriculture in relation to a common shall be served upon the district council and upon the council of any parish in which any part of the common is situate. In future, therefore, it is clear that where any lord of a manor or other person attempts to make an enclosure of a common or any part of it, without the previmis consent of the Hoard of Agriculture, he will commit an illegal act, and proceedings may be taken by the district council to restrain him. Where, however, he applies to the Board «of Agriculture for their consent to the enclosure, the parish council and the district council will have due notice, and they should at once make representations to the Hoard of Agriculture in any case where they are satisfied that the enclosure will not be for the public benefit. With tlie view of affording means of preventing the complete extinction <-i all rights of connnou which might entitle the owner of the soil to claim that the common no longer exists as such, the Local Government Act, 1894, by Section 26, sub-section 2, em- powers a district council, with the consent of the county council, to exercise the powers confeired by Section 8 of the Commons Act of 1870 on certain urban sanitary authorities, and thus to acquire by gift or by iiurchasc any land or houses having common rights annexed thereto. Where they have done this, the district council will be in the position in the future to claim that the land in question remains at Law a common, and cannot be lawfully enclosed under the Statute of Merton, or otherwise, without the consent of the Hoard of Agriculture, who are bound by the statute above referred to, to refuse their consent if it be not proved to their satisfaction that the enclosure is for the benefit of the neighbour- hood. In view of these provisions, the council of any district within whose area any common land now exists will probably deem it right to consider whetlier they should not purchase one or more cottages or a small plot of land, having a right of common annexed. The transaction need not he a costly one to the council, for the house or land tluis purchased may be let on lease or otherwise for its full value witliout risk to the council of losing their locus standi. 534 RIGHTS OP WAT, ETC. : PABI8H COUNCILS AND MEETINGS. It will be obvious that the proceedings under the Law of Commons Amendment Act, 1893, on the part of a local authority who have acquired an interest in a common to prevent the en- closure will be simple and inexpensive, as compared with a suit previous to that Act to prove that rights of common still exist, and that sufficiency of common has not been left as provided by the Statute of Merton. The Local Government Act further vests in district councils important functions with respect to t!ie regulation of commons. It often happens that, in the case of commons in populous districts or near to large towns, which are largely resorted to for recreation, it is desirable that regulations should be made for the preservation of order, for the prevention of nuisances, and for maintaining the surface and natural features of the common. In such cases a district council may, under Section 26 (2) of the Local Government Act, 1894, with tiie consent of persons representing one thii"d in value of the legal interests in a common, and with the consent of the county council, apply to the Board of Agriculture for a Pro- visional Order for regulation of the common, which will then be proceeded with in accordance with the provisions of the Commons Act, 1876. Where a regulation scheme has been confirmed by Parliament the common cannot afterwards be enclosed. If application is made by any other person or persons to the Board of Agriculture for the regulation of a common, the district council and the parish council within whose area the common is situate are entitled to notice of the same, with a view to their making any representation they may deem necessary to the Board upon the subject. (Local Government Act, 1894, Sections 8 [4] and 26 [2].)' In the case of commons within the Metropolitan Police District, application for a regulation scheme must be made in accdrdance with the Metropolitan Commons Acts, 186G-69, and no consent of the commoners is required. As the protection of the rights of the public in the matters above referred to, and the processes to be adopted in their assertion, will often involve difficult questions of fact and law, it will be well that district councils should consult their legal adviser before taking action in such cases. Local Government Board, January, 1895. Memorandum as to Powers and Duties of Parish Councils AND Parish Mektings, under the Local Government Act, 1894, WITH respect to Rights of Way, Koadside Wastes, Commons, Village Greens, and Recreation Grounds. 1. Rif/hts of Way. It is the duty of a district council, whether they are the high- way authority or not, under Section 2G (1) of the Local Govern- ment Act, 1894, to jirotect all public rights of way and to prevent, as far as possible, the stopping or obstruction of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stoppage or obstruction thereof would, in their opinion, be pre- judicial to the interests of their district ; and under sub-section (.3) of the same Section they may, for the purjjose of carrying into L. G. B. MEMORANDUM, MARCH, 1895. 536 effect the Section, institute or defeuil any le^'al proceedings aud generally take such steps as tliey deem expedient. If, liowever, a parish council are satisfied that any right of wny within the district in which their parish is comprised or an adjoining district in the county or counties in which such district is situate, has heen unlawfully stop|)ed or obstructed, they are empowered by sub-section (4) of Section 2G to make a representa- tion to that effect to the district council, and thereupon it becomes the duty of the district council, unless s;itistied that the allegations of such representation are incorrect, to take jiroper proci-edings accordingly. If the district council refuse or fail to take pro- ceedings in consequence of such representation, the parish council may petition the county council for the county in which the way is situate, who are then empowered to take sucn proceedings as the district council might have taken in respect to the stoppage or obstruction ot the right of way. These provisions apply equally to bridleways as to footpaths. The powers referred to api)ly to cases where footways or bridle- ways have been unlawfully stojiped or obstructed before the constitution of the parish council or parish meeting, and not merely to cases which have occurred subsequent to such constitu- tion. Where, therefore, the parish council are satisfied that a right of way has been stopped or obstructed within recent times before the passing of the Local Government Act, it will be within their competency to make a representation to the district council on the subject. In a parish where there is no parish council the parish meeting have, under Section 19 (8) of the Act, the same powers us a parish council as regards making a representation to the district council with respect to the unlawtul stonjjage or obstruction of a right of way and of ajjpealing to the county council. No public right of way in a rural ])arish can in future be law- fully stopped in whole or in part or diverted without the previous consent of the parish council (Section 13 [1]). or of the parish meeting where there is no council (Section 19, sub-section [S]), of the parish in which it is situate. The only ground on which a public footpath can be wholly stopped without the substitution of another is that it is unnecessary. The question, therefore, whether it is unnecessary will be a subject for the consideration of the parish council or parish meetintr. The only ground on which a public footpath can be diverted is that the proposed footpath is more commodious for the public than the existing footway (High- way Act, 1835, 5 & 6 Will. IV, cap. 50, Sections 84—92). This also will be for the consideration and determination of the p.nrish council or parish meeting. The consent of the district council in whose district the right of way is situate must also be obtained before a public footpath is stopped or diverted, and as the district council will in most cases be the highway authority, it may be presumed that their consent will first be obtained, and that they will communicate their views to the parish council or parish meeting in whose parish the footway is situate. In a parish which has a parish council the parish council must give " public notice " of any resolution passed by them giving consent to the stoppage or diversion of a footpath, and the resolu- tion will not operate — (rt) unless it is confirmed by the parish council at a meeting 636 RIGHTS OP WAY, ETC. : PARISH COUNCILS AND MEETINGS. held not less than two mouths after the public notice is given ; nor (i) if a parish meeting held before the confirmation resolve that the consent ought not to be given. A parish meeting nniy be summoned by the chairman of the parish council or by any two parish councillors, or by the chairmau of the parish meeting, or by any six parochial electors. A poll must be taken on the question if it is demanded by one parochial elector present at the meeting. The question for tlie electors at the poll will be whether the assent of the parish should be given ta the stopping or divei'siou of the footpath. In a parish where there is no parish council the resolution of the parish meeting in favour of the stopping or diversion of a footpath must be confirmed at a subsequent meeting of the parish not less than two months after public notice has been given of the resolu- tion passed at the first meeting. A parish council may, subject to the provisions of the Act with respect to limitations on expenditure, 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 [Section 8 [1] [g] ). The parish council may also, subject to the like limitations on expenditure, undertake the rejiair and maintenance of all or any of the public footpaths within their parish, not being footpaths at the side of a public road (Section 13 [2J ). (2) Roadside Wastes. Where on either side of a public road strips of land exist opeu to the public between the metalled road and the fences beyoud, prima facie, the public right of way extends, uuless there is evi- dence to the contrary, over such strips of roadside wastes, and they cannot lawfully he enclosed by the owner of the adjoining land or by the lord of the manor or by any other person. Such strips may be of varying width, and the adjoining owner has no right to straighten the line of his fences by taking in any part of the roadside waste. It is not uncommonly believed that there is a right to enclose up to fifteen feet from the centre of the road. This is not so. The public, unless it can be proved to the contrary, liave the right to the whole of the roadside waste be- tween tlie fences and the road. 'I'he tact that trees or shrubs have been allowed to grow up on these roadside wastes so as to interfere witli their use by the public does not necessarily destroy such right or justify their enclosure. The Local Government Act, 1894, places such roadside wastes under the protection of district councils. Uy Section 26 it is pro- vided that it shall be the duty of every district council to prevent any unlawful encroachment on any roadside waste within their district, and they may for the purpose of performing this duty institute or defend any legal proceedings, and generally take such steps as they deem expedient. As in the case of footpaths a parish council, when satisfied that a roadside waste has been unlawfully encroached on, are empowered to make representation on the subject to the district council, and if the district council neglect or refuse to take proceedings, the parish council may appeal to the county council, who are then authorised to take such proceedings as the district council might have taken. The powers of the parish council and the district L. O. B. RIK.MUUANDUM, MARCH, 1895. 537 council are not limited by the Local Government Act to cases where the cncroaciiraent on a roadside waste has been made after the passing of the Act or alter tlie constitution of such councils. The parish council, tlierefore, will he justified in making represen- tations to the district council, where they are satisfied that un- lawful encroachments on roadside wastes have been made before the council came into existence, though it may not be expedient on their part to do so in cases where such encroachments have been of long date. Where no parish council exists the parish meeting have the same power as a parish council of making representations to the district council and county council on the subject. (3) Commons. The Local Government Act, 1894, contains very important provisions with the object of preventing the unlawful enclosure of commons. Powers for this purpose are conferred on district councils. Li order that these powers may be properly carried out it will be well that a parish council should kecj) a careful watch on any commons within the parish and make representations to the district council when any enclosure is threatened or has taken place. Before any proceedings are taken by a lord of a manor to enclose any common or part of a common under the statute of Merton, tiiu consent of the Hoard of Agriculture must be obtained under the Law of Commons Amendment Act, 189:^, and that Act provides that the Board shall not give their consent to any such enclosure unless satisfied that it will be for the benefit of the neighbourhood. Notice of any such application to the Board of Agriculture must be served upon the council of any parish in which such common or any l)art of it is situate (Local Government Act, 1894, Section 8 [4]). The parish council, therefore, in such case will have the opportunity of stating their objections to the enclosure. With a view also of affording means of preventing the complete extiuctiou of all rights of common, which might entitle the owner of the soil to claim that the common no longer exists as such, power is given to district councils, with the consent of the county council, to purchase any house or land having common rights annexed thereto (Section 2G [2]). It would be well for a parish council where a common exists within tlie jjarish to make any representation to tlie district council which they may deem desirable on the subject, and to bring under their attention any opportunity which may occur of etl'ecting such a purchase. The parish council are not themselves invested with any such power of purchasing. They may, however, accjuire, by gilt, any land with rights of common attached, and they may purchase for purposes of recreation any land, and if such land should have a right of common attached to it this will be a great security against the enclosure of the common. Power is given by the Local Government Act, Section 26 (2), to district councils to ai)ply to the Board of Agriculture for a scheme for regulating any common within their district, with the consent of tlie county cotnicil and ot persons representing one third in value of the legal interests in the common. Such a scheme must be confirmed by Parliament. A parish council within whose parish such commons are situate are entitled to 538 RIGHTS OF WAT, ETC. : PARISH COUNCILS AND MEETINGS. notice of any application for schemes of regulation, and may make such representations to the Board of Agriculture as they may tliink fit. (4) Village Greens and Recreation Grozinds. Where on any open land the inhabitants of a village or parish have frcmi time immemorial been accustomed to play games, such custom practically constitutes the land a village green, and the inhabitants cannot lawfully be deprived, by enclosure or otherwise, of their right so to use it. In such a case, where any attempt is made to injure the green, or to interrupt its use as a place of e.\ercise and recreation, the parish council may proceed against the person committing such act before the justices ; and such person, if convicted, is liable to damages and penalties. See Inclosure Act, 1857, Section 12, extended by Commons Act, 1876, Section 29, and applied to parish councils by the Local Govern- ment Act, 1894, Section 6 (1) (c) (iii). Not unfrequently a village green, a recreation ground, or a fuel allotment has been allotted under some enclosure award to the churchwardens and overseers of a parish. Where this has been the case, such land will henceforth be vested in and managed by the parish council (Local Government Act, 1S04, Sections 5 [2] [c], and 6 [1] [c] [iii]). Where there is no parish council the village green, or other recreation ground, vests in the chairman of the parisli meeting and the overseers (Section 19 [7]), and the county council have the power of conferring on the parish meeting the right to make bye-laws in respect of it (Section 19 [lOj). A fuel allotment may be made available for purposes of recrea- tion by a scheme of the Charity Commissioners, on the application of a parish council, when they are the trustees of the allotment, under the provisions of the Commons Act, 1876, Section 19. A parish council is empowered to purchase or acquire land for a recreation ground, and for public walks. With respect to any village green, recreation ground, open space, or public walk for the time being under the control of the parish council, the council may make bye-laws for its regulation (Local Government Act, 1894, Section 8 [1] [_d^ ; and Public Health Act, 1875, Sections 164 and 183-6). Local (rovernment Hoard, March, 1895. EDUCATION DEPARTMENT CIRCULAR, oOtH NuocKKi)iN(;s of rAuisH councils. The chairman may at any time convene a meeting of the parish council. If he refuses to do so, after a requisition for that purpose signed by two members of tlic council, any two members of the council niay forthwith, on that refusal, convene a meeting. If the chairman, without so refusing, does not, within seven days after the requisition is presented ibo him, convene a meeting, any two members may do so on the expiration of the seven days. Notice of Meetings. Three clear days at least before any meeting of the parish council, notice of it, specifying the time and place of the intended meeting, and of the business to be transacted at it, and signed by or on behalf of the chairman of the parish council or persons con- vening the meeting, must be given to every member of the council. The n'otice may be left at the usual place of abode of the member or sent there by post. Place of Meeting. As regards the place of meeting, it is to be observed that the meeting must not be held at an inn or other place licensed for the sale of intoxicating liquor, unless no other suitable room is avail- able for the meeting, either free of charge or at a reasonable cost. If there is no suitable public; room which is vested in the parish council and which can be used free of charge for the meeting, any suitable room in the school-house of any public elementary school receiving a grant out of moneys provided by Parliament, or any suitable room the expense of maintaining which is payable out of any local rate may be used for the purpose of the meeting of the parish council, free of charge, at all reasonable times and after reasonable notice. If any question arises as to what is reasonable or suitable, it may be determined in the case of a school-house by the Education Departiiient ; 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 Board. Section 4 of the Act, which gives the power above referred to, does not, however, authorise the use for the meeting of the parish council of any room used as part of a private dwelling-house, nor 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, \yith the hours during which it is used for those purposes. It provides for the payment, as part of the expenses of the parish council, of any expens'e that may be incurred by the persons having control over the room, and the cost of making good any damage that may be done to the premises, or the furniture or apparatus thereon, by reason of the use of the room for the meeting. The lioard have no authority to determine the question, but it would appear to them that the Act does not require that the parish council shall necessarily meet within the boundary of the parish for which they act. At the same time they consider that the place of meeting should be within the parish when the circumstances admit of this. Business to be transacted. Quomm. The business to be transacted at any meeting of the parish council will be such as is specified in the notice convening the meeting. But no business can be transacted at any meeting of the parish council, unless at least one third of the full number of L. (i. i:. (;iij( ri.Ai:, li'ni ukckmuki:, 1h94. 543 members are present, subject to this qualification, that in every case at leas^t tliree memhers lu'ist be present. Mode of cont/ucfinff Business. Minutes of tiio iiroceeilin^rs of tlie parisli council are reiinireil to be kept in a book provided for tliat purpose. Tiie minutes ninst be signed by tlie clminnan of the meeting to wliich they relate or of the next ensuing meeting. The names of the members present at any meeting of the parish council, as weJ as of those voting on each question on which a division is taken must be recorded, so as to show whether each vote given was for or against the question. ITence a vote cannot be taken by ballot. Every question at a meeting of the parish council must be decided by a majority of the members present and voting on the question. In the case of an equal division of votes the chairman will have a second or casting vote. Subject to the provisions of the Act, the parish council may make, vary, and revoke standing orders for the regulation of their proceedings and business, and of the proceedings and business at the parish meeting. Declaration on acceptance of Office. On assembling at your first meeting each of you should sign in the presence of some member of the parish council a declaration that you accept the office of parish councillor for the i)arish. It is essential that this declaration should be signed at the first meeting of the parish council, unless tlie council at that meeting permit in any particular case that it may be signed at a later meeting fixed by them. It is important that this matter should be carefully attended to, as if a person elected as a parish councillor does not sign the declaration at the proper meeting, his office will become vacant. The Board consider that the declarations may be made at the prescribed meeting, although the notice convening the meeting may not have referred to the subject. Election of Chairman. As soon as the declarations of acceptance have been signetl at your first meeting, you should elect one of your members as a provi- sional chairman, to preside at the meeting until the chairman of the parish council is elected. The election of such a chairman should then be proceeded with. The chairman of the parish council may, in the opinion oi the Board, be elected from your own body or from other persons qualified to be councillors of the parish, to continue in office -until his successor is elected at the annual meeting in April next, unless he resigns or ceases to be qualified or becomes disqualified. The parish council may, if they think fit, appoint one of their number to be vice-chairman. The vice-chairman, in the absence or during the inability of the chairman, would have all the powers and authority of the chairman. Clerk to the Parish Council. If tliere is in the parish an existing vestry clerk appointed under the Vestries Act, 1850 (13 & 1-i Vict., c. 57) he will become the clerk of the parish council, and it will not be necessary for the 544 proceedin(tS of parish councils. council to make any ap[)ointnient of clerk. Should tlie parish conucil be of opinion tliat some addition should be made to the salarj' of the vestrj' clerk, on account of the duties devolving upon him as clerk to the parish (council, they can make a representation to the Hoard to this effect, stating what additional remuneration they think should he assigned. I'he Hoard would then be em- powered to deal with the matter. If at the passing ot the Local Government Act, 1S94, the parish formed a portion of a parish which was situate partly within and partly without a rural sanitary district, and such parish was divided by the Act, the vestry clerk, if any, will become the vestry clerk for each parish formed by the division. Consequently he will become clerk to the parish council. If there is in the parish no vestry clerk appointed under the Vestries Act, 1850, the parish council may appoint one of their number to act as their clerk, but he cannot be paid any remune- ration. If no member of the parish council is appointed to act as clerk, and there is an assistant overseer, he will be the clerk. Should there be only one assistant overseer, no formal appointment will be requisite, but if there is more than one, the parish council must appoint one of the assistant overseers as clerk. A separate salary should not be assigned to the assistant overseer for acting as clerk, but the {performance of his duties as clerk must be taken into account in determining his salary as assistant overseer. Should the parish council desire to increase his salary, they can do so if he was nominated by the vestry and appointed by the justices under Section 7 of the Poor Relief Act, 1819 (59 Geo. 3, c. 12). If he was appointed by the guardians of the union, they should commu- nicate with the guardians on the subject. The salary of the assistant overseer will not be payable by the parish council, but will continue to be paid as heretofore by the overseers or the guardians, as the case may be. If there is no assistant overseer, the parish council may appoint a collector of poor rates or some other fit person to be their clerk, with such remuneration as they may think fit. Treasurer to the Parish Council. The parish council may appoint one of their own number or some other person to act as treasurer without remuneration. The treasurer must give such security as may be required by regu- lations of the county council. The Hoard tliink that in all cases the parish council should appoint a treasurer. Every cheque or other order for payment of money by the parish council must be signed by two members of the council. Expenses. The ordinary expenses of the parish council are to be paid out of the poor rate. The parish council must also pay out of the poor rate the expenses of any parish meeting in the parish, including the expenses of any poll. For the purpose of obtaining payment of their expenses, the council have the same powers as a board of guardians have for the purpose of obtaining contributions to their common fund. They must therefore issue precepts to the overseers for the sums they recjnirc, directing the overseers to pay a specified sum or sums to the treasurer of the parish council on a particular day or days. It will be necessary that the parish council should at L. G. B. CIHCULAH, 1 2TH DECEMBER, 1894. 54 once provide for the pityinent of the expenses of the first paiish meeting or meelings in tlie parish, ami for an}' poll taken for the election of parish councillors. In order to meet these e.xpenses, and any other e.vpenditure likely to have to be defrayed during the ne.\t lew months (say before the annual meeting in April, 1895), the parisli council should at their first meeting issue a precept to the overseers for the sum or sums required. Under certain circum- stances the parish council may be the authority for executing some of the Acts known as "Adoptive Acts" in the parish {aee Section 7). Where this is the case, a separate precept should be issued for any sum required in resitect of expenditure under any of tliese Acts. The jireoept should meutiim the Act for executing which the money is required, and should state that the sum is to be raised in the manner provided by that Act. It must be borne in mind that the parish council cannot, without the consent of the parish meeting, incur expenses or liabilities which would involve a rate exceeding 'M in the pound for any year ending on the 31st March, or which would involve a loan. Nor can they, without the approval of the county council, incur any expense or liability which will involve a loan. Moreover, the sum raised in any year ending on the 31st March by the parish council tor their expenses (other than expenses under the Adojjtive Acts) must not exceed a sum equal to a rate ot 6*^/. in the pound on the rateable value of the parish at the commencement of the year. For this i)ur|)Ose the expression " expenses " includes any annnal charge, wliether of principal or interest, in respect of any loan. Accounts. The accounts of the parish council and of their committees and officers must be made up yearly to tlie 31st March. They must be projierly kept, and the Board have iu preparation an Order pre- scribing forms for this jjurpose. When the Order is issued, a coj)y will be sent to the parish council. Every parochial elector of the parish may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or nnder the control of the parish council. Cummifiees. The parish council may appoint committees consisting either wholly or jiartly 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 must not ludd otHce beyond the next annual meeting of the council, and the acts of every committee nmst be submitted to the council for their approval. If the parish council have any jjowers and duties which are to be exercised in a part only of the parish, or in relation to a recreation ground, buildini:, or property held for the benefit of a part of the jiarish, and the part has a detined boundary, the i)arish council must, if required by a parish meeting held for that part, appoint annually to exercise such poweis and duties a committee, consist- ing partly of members of the council and partly of other persons representing that part of the parish. The quorum, proceedings, and place of meeting of a committee, whether within or without the parish, and the area, if any, within which they are to exercise their authority, will be such as may be iletermined bv regulations of the parish council. Subject to such 35 546 PROCEEDINGS OK PARISH COUNCILS. regulations, the (|uoriuu, proceedings, and place of meeting, whether within or without the parish, will be such as the com- mittee direct, and the chairman at any meeting of the committee will have a second or casting vote. Join t Committees. A parish or district council may concur with any other parish or district council or councils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in conferring, with or without condi- tions or restrictions, on any such committee any powers wliieh the appointing council miglit exercise if the purpose rehited exclu- sively to their own parish or district. A council must not, however, delegate to any such committee any power to borrow money or make any rate. A joint committee thus appointed will not hold office beyond the expiration of 14 days after the next annual meeting of any of the councils who appointed it. The costs of a joint committee must be defrayed by the councils by wliom it is appointed, in such proportions as they may agree upon, or as may be determined in case of difference by the county council. Where tlie parisli council can, as above explained, i)e requii-ed to appoint a committee consisting i)artly of membei's of the council and partly of other persons, that requirement may also be made in- the case of a joint committee, and must be duly complied with by the parish councils concerned at the time of the appointment of such committee. Overseers and Assistant Overseers. The power and duty of appointing overseers of the poor, and the power of appointing and revoking the appointment of an assistant overseer, are transferred to and vested in the ])arish council. The council must in each year, at their annual meeting, appoint the overseers of the parish, and, as soon as may be, fill any casual vacancy occurring in the office of overseer of the parish, they must in eitlier case forthwith give written notice of the appointment to the board of guardians. The Board will prescribe a form for this purpose. The existing overseers will ren.ain in office until their successors are appointed in 1895. But where the churchwardens have been ex officio overseers, they will on the day of the first meeting of the parish council cease to be overseers, and the parish council may, if they think fit, at any meeting held after due notice, appoint an additional number of overseers to replace the churcliwanlens. Any existing assistant overseer will, unless appointed by the guardians, become an officer of the parish council. I am, Gentlemen, Your obedient servant, Hugh Owen, Seereiarji. The Parish Councillors. L. G. B. CIKCULAK, 20tH DKCEMDKR, 1894. ;")47 boabds of guaedians outside london undee the local goveenment act, 1894. Local Goteenment Boaed, WjlITEHALL, S.W. ; 2Utli December, 1894. SlE, I am directed by tlie Local Government lioard to state that they think it desirable thiit the attention of the members of the board of gmirdians, elected at the first election under tlie Local Government Act, 1894, shonhl be drawn to some of tiie provisions of that Act affecting f,'uardians. The newly-elected truardians and rural district councillors will come into office on the28th instant, and I iim directed to rccjucst that you will lay this letter before the board of guardians at the first meeting which they hold after the 27th of this month. Acceptance of Office. The provisions of the Municipal Corporations Act. 1882, with regard to the acceptance of office are made applicable in the case of the guardians by section 48 (4) of the Local Government Act, subject to the adaptations and alterations made by the Hoard. These provisions as adapted and altered will be found in the Fourth Schedule to the (inardians (Outside London) Election Order, 1894, and it will l)e seen that every qualified person elected to the office of guardian must, unless he is exempt, accept the office by making the requisite declaration within one month after notice of election. Otherwise he will be liable to pay to the guardians a fine of such amount not exceeding £50 as the guardians by regulations determine. Tlie guardians are thus empowered to make regulations determining tiie amount of the fines to be paid in cases of non-acceptance of office, but if there are no regulations the fine is £20. If, however, a person is disabled by lunacy or imbecilitv of mind, or by deafness, blindness, or other permanent infirmity of body, he is exempt from the necessity of accepting office or pavino- a fine. Moreover, if a person has been elected without his con^ sent to his nomination having been previously obtained, he is not liable to a fine for non-acceptance of office. Guardians elected for more than one Parish. U a iierson is elected guardian for more than one parisli or other area in the union, he must not accept offiee in resiiect of more than one of these areas. If he accepts office or pavs the fine for non-acceptance of office in respect of one of the areas, lie will not be liable to a fine for not accepting office in respect' of auv other of them. ^ Declaration on Acceptance of Office. A person elected as guardian must not act in the office except in administering the declaration, until he has made and subseribed a declaration accepting office. The declaration must be made in the prescribed form, or in a form to the like effect, and must be subscribed before two guardians of the union, or before the clerk The form will be found in the Fourth Schedule to the Election Order above mentioned. 548 PROCEEDINGS OF GUARDIANS OUTSIDE LONDON. If a person acts as guardian without liaving made the declara- tion, he will for each offence be liable to a fine not exceeding £20. Hence it is important that there should be no delay in making the declarations. They may be made at a meeting of the board of guardians, hut this is not necessary. They may be made at any time within one mouth after notice of election, but they must be made, as already stated, in the presence of two guardians of the union, or of the clerk. A failure to accept office within the prescribed time creates a casual vacancy. A person who has been elected as a rural district councillor will have to make a declaration of acceptance of office as such councillor, but the Board do not think that he will be required to make a further declaration that he accepts office as a guardian. If, how- ever, he has been elected as guardian for one parish in the union, and as rural district councillor for another, he must make a separate declaration in respect of each office. Constitution of Board of Guardians. The board of guardians will consist of the persons who have been elected as guardians for any parishes, united parishes, or wards in the union, or as rural district couucillors for any such areas. Section 20 of the Act provides that as from the appointed day, viz. the 28th instant, there shall be no ex officio guardians. Consequently, justices of the peace for any county, riding, or division, who have hitherto been entitled to act as ex officio guardians, will cease to have this right; and persons who have, ex officio, been empowered to act as guardians by virtue of pro- visions in local Acts, will no longer be able to do so. There cannot in future be any question as to the power of a woman, whether married or single, to be a guardian, as section 20 (2) expressly provides that no person shall be disqualified by sex or marriage for being a guardian. The guardians are empowered hy section 20 (7) to elect a chairman, or vice-chairman, or both, and not more than two other persons, from outside tlieir own body, but from persons qualified to be guardians of the union. Any person so elected will be an additional guardian and member of the board. It is, however, provided that if, on the first election, a sufficient number of persons who have been ex officio or nominated guardians of the union, and have actually served as such, are willing to serve, the additional members shall be elected from amongst those persons. Any person elected under these provisions will be a member of the board of guardians for all purposes, and may be appointed on any committee of the guardians. He will not be entitled to act as a member of any rural district council in the union. Although under the Act the mode of electing the guardians, and the constitution of the board of guardians are altered, such board will be in law the same corporate body as before. There will be no •change of name, and, except as regards sanitary matters, and one other matter to be noticed presently, no change of duties or transfer of powers from one body to another will take place. The officers of the guardians, except sanitary officers, will continue to be their officers, and will have to discharge the same duties as heretofore, and, subject to the express provisions of the Act, the statutes and orders hitherto applicable to the guardians and their officers will continue to apply to them. I., c. i;. een entitled to act us ex o^icio 1,'uavdians will cease to have this iii,'ht, and there will be no nominated uruardians under the ^[etropolitan I'oor Act, IHO?. There ciiinot in future he any tiucstion as to the power of a woman, whether married or sin<,'le, to he a guardian, as Section 20 (2) exjiressly provides that no person shall he discjualified by sex or marriage for being a guardian. The guardians are em))owered by Section 20 (7) to elect a chair- man, or vice-chairman, or both, and not more than two other jiersons, from outside their own body, but from persons qualified to be guardi;ins of the union. Any person so elected will be an additional guardian and member of the board for all purposes, and nniy be a])poiuted a member of any committee of the guardians. it is, however, provided that if, on the first election, a sufficient number of persons who have been ex officio or nominated guardians of the union, and have actually served as such, are willing to serve, the additional members shall be elected from amongst those persons. Although under the Act the mode of electing the members of the hoard of guardians and the constitution of tiie board are altered, such board will be in law the same corporate body as before. There will he no change of name, and no material change of duties or transfer of powers from one body to another will take place. The officers of the guardians will continue to be their officers, and will have to discharge the same duties as heretofore, and, subject to the e.\press provisions of the Act, the Statutes and Orders hitherto applicable to the guardians and their officers will continue to aj)ply to them. Meetings and Proceedings. By Section 39 of the Local Government Act, Section 199 of the Public Health Act, 1875, and the Rules in Part (1) of the First Schedule to that Act, are made applicable to the guardians as if they were a local board, except that the chairman may be elected from outside the guardians. Hence the guardians must hold an annual meeting as soon as may be convenient after the 15th of April in each year. They must also hold other meetings for the transaction of their business once at least in each month, and at such other times as may be necessary for properly executing their powers. The Hoard think that meetings of the guardians should be held at not less intervals, whether weekly or fortnightly, than at the present time. The rules in the First Schedule to the Public Health Act which are made applicable to the guardians relate to several matters which are already dealt witii by the Orders in force in the union. The Board think that the rules will su[)ersede the provisions of these Orders, and that the proceedings of the guardians must he regidated by these rules and by the regulations which they are empowered to make by Rule 1 with respect to the summoning, notice, place, management, and adjournment of tiieir meetings, and generally with respect to the transaction and management of their business. Section 59 (4) of the Local Government Act, however, provides that nothing in the section shall affect any powers of the Board witii respect to the pro- ceedings of guardians. Hence it appears to the Board that it will still be competent for them to prescribe regulations on these sulijects, should they deem it necessary to do so. Moreover, it seems to them that the provisions in the e.\isting Orders, except so far as they are 554 PROCEEDINGS OF GUARDIANS (LONDON). inconsistent witli Section 199 of tlie Public Health Act, or with the rules in Part (1) of llie First Schedule to that Act, or with any regulations made under those rules, will still remain in force. The most important matter in which the rules will make a difference in the proceedings of the guardians is as regards the quorum which will be requisite to enable them to transact business at their meetings. Under the existing law, it is only necessary that three guardians should be present and concur in any act dotie at a meeting of the guardians, but Rule 2 of Part (1) of the First Schedule to the Public Health Act provides that no business shall be transacted at a meeting unless at least one third of the full number of the guardians be present, subject to this qualitication, that in no case shall a larger quorum than seven members be required. As regards the j)laceof meeting of the guardians, it may be pointed out that Section 61 of the Act of 1894. directs that no meeting of a board of guardians shall be held in premises licensed for the sale of intoxicating liquor, except in cases where no other suitable room is available for the meeting either free of charge or at a reasonable cost. The Board think that, subject to this pruvision, the guardians should continue to hold their meetings at the same place as heretofore. Chairman and Vice- Chairman. At their first meeting after the 30th instant, the guardians should proceed to elect a chairman and one vice-chairman to hold office until the annual meeting in April next. They may be elected either from amongst the guardians or from outside; but, if the latter course is adopted, they must be elected from amongst the persons who have been e.v officio or nominated guardians of the union, and have actually served as such, if a sufficient number of these persons are willing to serve. It is not necesssry that any such person should be qualiiied to be a guardian of the union, but no other person could he elected as chairman or vice-chairman unless be is thus qualified. Section .')9 (2) of the Act expressly enables the guardians to appoint a vice-chairman to bold office during the term of office of the chairman ; but the Act does not appear to contemplate the appoint- ment of more than one vice-chairman. Committees of the Guardians. The existing committees of the guardians will come to an end on the 31st inst., when the present members of the committees cease to hold office. It will, therefore, be necessary for the new guardians at their first meeting to proceed to appoint the usual committees, and it seems to the Board that these committees should be appointed to hold office until the annual meeting of the guardians in April next. Union Assessment Committee. If under the Valuation (Metropolis) Act, 18G9, the guardians are empowered to appoint a union assessment committee, it will of course be necessary that such a committee should be appointed. In con- nection with this subject the Board may point out that so much of Section 2 of the Union Assessment Committee Act, 1862, as required that the committee should consist partly of ^,* o/T'Cto guardians and prescribed what proportion of the members of the committee should consist of such guardians, has been rejiealed by the Local Government Act. The reference in Section h to the ex officio guardians has also been repealed. L. G. B. CIKcrLAK, L"2ND IjECKMI'.KH, 1894. 555 Assistant Overseers. In some unions orders issued l)y the Poor Law Commissioners em- powering the guardians to appoint assistant overseers liave liitiierto been in force. Any enactment autliorising any such api)ointnient has now lieen repealed'; hut such repeal will not, in the opinion of the Board, affect any existing otlicer. Term of Oj/ice and Retirement of Guardians. The provisions of the Act regulating the term of otiice and mode of retirement of the guardians under ordinary circumstances will be found in Section 20 (G) and Section GO, and need not be ei)itomised here. It seems desirable, however, to point out that special provision is made by Section /'.• as to the term of ofHce and retirement of the guardians first elected under the Act. There will be no election, except to fill casual vacancies, in 189.J, and if the guardians are to retire together at the end of the triennial period, the guardians first elected will all retire on the 15th of April, 1898. If, however, one- third of the guardians are to retire annually, then one-third as nearly as may be will retire on the l.')th of .Vpril in each of the years 1896, 1897, and 1898, and will continue in otHce until those days. The guardians to retire on each of the days referred to will be the guar- dians for such parishes, wards, or other areas, as may be determined by tlie county council for the purposes of the rotation. As regards the filling of casual vacancies* it seems sutticient to draw attention to the provisions of Sections 40 and G6 of the Municipal Corporations Act, 1882, as adapted by the Guardians (London) Election Order. These provisions will be found in the Fourth Schedule to the Order. I ani; Sir, Your obedient Servant, Hugh Owen, The Clerk to the Guardians. Secretary. Proceedings of Urban District Councils under the Local Govkrn.ment Act, 1894. Local Government Board, Whitehall, S.W. ; Sir, 22nd Decen\ber, 189-1. 1 am directed by the Local Government Board to state that they think it desirable that the attention of the urban district coun- cillors elected at the first election under the Local Government Act, 1894, should l)e drawn to the following statement as to matters with regard to which questions may arise in connection with the transac- tion of the business of the urban district council under the Act. The newly-elected urban district councillors will come into ottice on the 31st inst., and I am directed to recpiest that you will lay this letter before the urban district council at the first meeting which thev hold. Acceptance of Office. The provisions of the Municipal Corporation Act, 1882, with regard to the acceptance of otiice are made applicable in the case of * This is now jirovidod for in the Guardiiins (London) Casual Vacan- cies Election Orders, 19th January, 189-5. 556 PROCKKDIXGS OF URBAN DISTlllCT COUNCILS. urban district councillors otlier tlian town councillors l)y Section 48 (4) of the Local Government jVct, subject to the adaptations and alterations made l)y the Board. These provisions, as adapted and altered, will be found in tlie Fourth Schedule to the Url)an District Councillors Election Order, 1891, and it will he seen that every qualified person elected to the office of urban district councillor in tlie district must, unless he is exempt, acceju the office by making the requisite declaration within one month after notice of election. Otherwise he wdl he liable to pay to the district council a fine of such amount, not exceeding £50, as the district council by regulations determine. The district council are thus empowered to make regulations determininn; the amount of the fines to be paid in cases of non-acceptance of office, but if there are no regulations the fine is £20. If, however, a person is disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, he is exempt from the necessity of accepting office or paying a fine. Moreover, if a person has been elected without his consent to his nomination having been previously obtained, he is not liable to a fine for non-acceptance of office. Councillors elected for more than one Ward. If a person is elected urban district councillor for more than one ward in the district, he must not accept office in respect of more than one of these areas. If he accepts office or pays the fine for non- acceptance of office \n respect of one of the areas, he will not be liable to a fine for not accepting office in respect of any other of them. Declaration on Acceptance of Office. A. person elected as urban district councillor must not act in the office, except in administering the declaration, until he has made and subscribed a declaration accepting office. The declaration n)ust be made in the prescribed form, or in a form to tiie like efi'ect, and must be subscribed before two members of the district council, or before the clerk. The form will be found in the Fourth Schedule to the Election Order above mentioned. If a person acts as urban district councillor without having made the declaration, he will for each offence be liable to a fine not ex- ceeding £20. Hence it is important that there should be no delay in making the declarations. They may be made at a meeting of the urban district council, but this is not necessary. Tiiey may be made at any time within one month after notice of election, but they must be made, as already stated, in the presence of two members of the urban district council, or of the clerk. A failure to accept office within the prescribed time creates a casual vacancy. Name of Urban District Council. Section 21 of the Act provides that, as from the " appointed day," i. e. the 31st inst., urban sanitary authorities shall be called urban dis- trict councils, and their districts shall be called urban districts; but nothing in the Section is to alter the style or title of the corporation or council of a borough. Hence after the appointed day any local board or improvement commissioners will cease to bear their present names. They will be called " the urban district council of " and their common seal should be altered accordingly. 15. ciitcrLAi:, •J'Jni) i>kckmi!KK, is'.U. 557 In the Local Govenuneni Act atid every otlier Act of Parliament, unless the context otherwise requires, the expression " district council " includes the council of every url)an district, wiiether a horough or not, and the expression "county district " iricluiies every urban district, whether a horough or not. Comtihdion of Urban District Councih. The uri)an district council will consist of the persons who have been elected as urhan district councillors for the district or for any ward of the district. Section 23 i)rovides that, as from the appointed day, there shall he no e.v officio or nomiiiaieil members of the urhan sanitary authority. The power of the Secretary of State for War to nominate certain persons as members of the Aldershot local board will, however, con- tinue, and the position of persons nominated under tliose powers will not be affected by the .\ct (Section o9 [6]). Moreover women, whether married or single, may be members of the urban district council, as Section 23 (2) provides that no j)erson shall be disqualified by sex or marriage for being an urban district councillor. Although under the Act the mode of electing the members of the urhan district council differs from that of electing the niemlters of the urban sanitary authority for the district, and the name and to some extent the constitution of the local authority are altered, yet the urban district council will be in law the same corporate body as the urban sanitary authority whom they succeed. There will be no transfer of the powers of the urban sanitary authority from one body to another; the urban district council will perform the duties hitherto discharged b)' the urhan sanitary authority; the officers of the urban sanitary authority will be othcers of the urban district council ; and, subject to the express provisions of the Act, the statutes hitherto applicable to the urhan sanitary authority will apply to the urhan district council. It is provided by Section 85 (5) that the change of name of an urban sanitarv authority shall not affect their identity as a corporate body, or derogate from their i)0wers, and that any enact- ment in any Act, whether ptii)lic general, or local and personal, referring to the members of such authority shall, unless inconsistent with the Local Government Act. continue to refer to the tuemtiers of such authority under their new name, it should also he stated that by Section 89 so much of any Act, whether public general, or local and personal, as is inconsistent with the Local Government Act is repealed. Meetings and Proceedings. By Section 59 of the Local Government Act, Section 199 of the Public) Health Act, 1875, and the Rules in Part (1) of the First Schedule to that Act, are made iipplicahle to the luban district council as if they were a local board, except that the chairman may be elected from outside the council. Hence the urban district council must hold an annual meeting as soon as luay be convenient after the loth of .\pril in each year. They must also hold other meetings for the transaction of their business once at least in each month, and at such other times as may be necessary for properly executing their powers. The proceedings of the urban district council must be regulated by the rules referred to, and by the regulations which they are em- powered to make by Rule 1 with respect to the summoning, notice, 558 PR0CEK1)[NGS OF URBAN DISTRICT COUNCILS. place, management, and adjournment of their meetings, and generally with respect to the transaction and management of their business. As regards the place of meeting of the urban district council, it may be pointed out that Section 61 of the Act of 1894 directs that no meeting of a district council shall be held in premises licensed for the sale of intoxicating liquor, except in cases where no other ' suitable room is available for the meeting either free of charge or at a reasonable cost. The Board think that, subject to this provision, the district council should, where practicable, continue to hold their meetings at the place in which the urban sanitary authority have been accustomed to meet. Chairman and Vice- Chairman. At their first meeting after the 30th instant the urban district council should proceed to elect a chairman to hold office until the annual meeting in April next. He may be elected either from amongst the councillors or from outside. If the latter course is adopted, it is not necessary that the person elected should be qualified to be an urban district councillor. Under Section 22 the chairman will, unless a woman or personally disqualified by any Act, be e.r officio a justice of the peace for the county. Before acting as such justice, however, lie must, if he has not already done so, take the oaths required l)y law to be taken by a justice of the peace other than the oath respecting the qualification by estate. Section 59 (2) of the Act expressly enables the district council to appoint a vice-chairman to hold office during the term of office of the chairman. It is not provided that be may be elected from outside the district council, and it would seem that he must be chosen from amongst their own body. E^rpenses and Accounts. The ordinary expenses of the urban district council will be de- frayed in the same manner as the expenses of the urban sanitary authority were defrayed. Any exjjeiiscs incurred by them in the execution of any additional powers conferred on them by the Act must, subject to the j)rovisions of the Act, be defrayed out of the district fund and general district rate, or other fund applicable towards defraying the expenses of the executing of the Public Health Act, 1875. The accounts of the urban district council, and of their committees and officers, must be made up yearly to the 31st of March. It does not ap|)ear to the Board that it is necessary tliat the accounts of the urban sanitary authority should l)e made up and balanced to the 31st instant. They think that the accounts should be carried on to the 31st of March next v\'ith()ut any break. Committees. The urban district coimcil may, under Section 56 of the Act, 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 com- mittee must not hold office beyotul the next annual meeting of the council, and the acts of every committee must be submitted to the council for their approval. If, however, a committee is appointed by the urban district council for any of the purposes of the Public Health 1,. (;. i;. ciKcn.Ai;, L'2Nit DKcKMiiKi;, 1S94. 559 Acts or Highway Acts, tlie council may authorise the committee to institute any proceeiiing 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. The quorum, proceedings, and place of meeting of a committee, whether within or without the district, and the area, if any, within which they are to exercise their authority, will be such as may be determined by regidations of the tirban district council. Subject to such regulations, the quorum, proceedings, and place of meeting, whether within or without the district, will be such as the committee direct, and the chairman at any meeting of the committee will have a second or casting vote. The provisions of Section 2(10 of the Public Health Act, 1875, e.vcept so far as it applies to boroughs, and of Section 204 which relate to committees, and so much of the First Schedule to that Act as relates to committees, are repealed by the Act of 1894. Joint Committees. A parish or district council may, under Section 57 of the Act, concur with any other jjarish or district council or coimcils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in con- ferring, with or without conditions or restrictions, on any such committee any jjowers which the appointiu'j; council might exercise if the purpose related exclusively to their own parish or district. A council must not, however, delegate to any such committee any power to borrow money or make any rate. A joint committee thus appointed will not hold office beyond the expiration ot fourteen days after the next annual meeting of any of the councds who appointed it. The costs of a joint committee must be defrayed by the councils by whom it is appointed, in such proportions as tbey may agree ujion, or as may be determined in case of ditference liy the county council. Term of Office and Retirement . The term of olticeof an urban district councilloris 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, will go out of office on the loth of April in each year. Special provision is, however, made by Section 79 as to the tenure of office and retirement of the urban district councillnrs first elected under the Act. There will be no election in 1895, except to fill casual vacancies. One third, as nearly as may be, of the urban dis'rict councillors will retire on the 15th of April in each of the years IS9(), l!^97, and 1898, and will continue in office until those days. The urban district councillors, who are to retire on each of the days referred to, will be determined according to their ]ilace on the poll at the election, those who were lowest on the poll retiring tirst. If there was no poll, or if a question arises in consequence of an equality of votes between two or more councillors, the matter must be determined by ballot con- ducted under the direction of the council. In the case of an urban district divided into wards, the provisions with respect to the retirement of the tirst elected urban district councillors will ajiply separately to each ward. Section 23 (6) of the Act, however, provides that the county council may on request made by a resolution of the urban district 560 rROCKKDINOS OF RURAL DISTRICT COrNCTLS. council, passed by two tliirds of the meiiibers voting on the resolution, direct that the members of the council shall retire together on the loth of April in every third year. Resignation of Office. Casual Vacancies. Section 3G of the Municipal Corporations Act, 1882, as adapted and altered by the Urban District Councillors' Election Order, provides that a person elected as an urban district councillor may, at any time, by writing signed by him and delivered to the clerk, resign on payment of the tine provided for non-acceptance of the office. Tlie urban district council must forthwith declare the office to be vacant, and signify the same by notice in writing, signed by three members of the council, and countersigned by the clerk, and fixed on tlie principal external gate or door of the offices of the council. A person ceasing to hold the office of urban district councillor will be re-eligible. unless he is disqualified to hold the office. .\s regards the tilling of casual vacancies,* it seems sufficient to draw attention to the provisions of Sections 40 aiul 66 of the Municipal Corporations Act, 1882, as adapted by the Urban District Councdlors Election Order. These provisions will be found in the Fourth Schedule to the Order. Saving for Harbour Poivers. Section 65 provides that where any improvement commission affected by the Act have any powers, duties, property, debts, or liabilities in respect of any harbour, the improvemetit commission shall continue to exist and be elected for pur|)oses relating to the harbour, and shall, for those purposes, continue as a separate body. The property, debts, and liabilities referred to are to be apportioned between the distiict council for the district and the commission thus continued, and the adjustment arising out of tlie apportionment will be determined in manner provided by Section 68 of the Act. I am. Sir, Your obedient Servant, Hugh Owkn, Secretary. The Clerk to the Urban Sanitary Authority. Proceedings ok Rural District Councils under thk Local Government Act, 1894. Local Government Board, Whitehall S.W. ; Sir, 24th December 1894. I am directed by the Local Government Board to state that they think it desiral)Ie that tlie attention of the rural district coun- cillors elected at the first election under the Local Government Act, 1894, should be drawn to the following statement as to matters with regard to which questions may arise in connection with the transac- tion of the business of the rural district council under the Act. The newly elected rural district councillors will come into office on the 28th inst., and I am directed to request that you will lay this letter * This is now provided for in the Urban District Councillors Casual Vacancies Election Order, 24th January, 1895. L. G. B. CIRCULAR, 24TH J>KCKMBKR, 1894. 561 before the rural district council at the first meeting wliicli they hold. Acceptance of Office. The provisions of the Municipal Corporations Act, 1882, with regard to the acceptance of otUce are made applicahle in the case of rural district councillors by Section 48 (4) of tlie Local Government Act, subject to the adaptations and alterations made by the Board. TliesK provisions, as adapted and altered, will be found in the Fourth Schedule to the Rural District Councillors Election Order, 1894, and it will be seen thai every qualified person elected to the office of rural district councillor in the district must, unless he is exempt, accf-pt the office by making the requisite declaration within one month after notice of election. Otherwise he will he liable to pay to the district council a fine of such amount, not exceeding £50, as the district council by regulations determine. The district council are thus empowered to make regulations determinitig the amount of the fines to be paid in cases of non-acceptance of ofhce, but if there are no regulations the fine is Jt;20. If, however, a person is disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, he is exempt from the necessity of accepting office or paying a fine. Moreover, if a person has been elected without his consent to his nominiition having been previously obtained, he is not liable to a fine for non-acceptance of office. Councillors elected for more than one Parish. If a person is elected rural district councillor in more than one parish or other area in the district, he must not accept office in respect of more than one of these areas. If he accepts office or pays the fine for non-acceptance of office in respect of one of the areas he will not be liable to a fine for not accepting office in respect of any other of them. Declaration on Acceptance of Office. A person elected as rural district councillor must not act in the office, except in administering the declaration, until he has made and subscribed a declaration accepting otKce. The declaration must be made in the prescribed form, or in a form to the like eflfect, and must he subscribed before two members of the district council, or before the clerk. The form will be found in the Fourth Schedule to the Election Order above mentioned. If a person acts as rural district councillor without having made the declaration, he will for each offence be liable to a fine not exceeding X'20. Hence it is important that there should be no delay in making the declarations. They may be made at a meeting of the rural district council, but this is not necessary. They may be made at any time within one month after notice of election, but they must be nia'i Under Section 22'J of ilie l'iil)lic llealih Act, 1875, the Board may declare expenses incurred in respect of a contributory place in a rural district to be special expenses, and they are then payable out of a rate levied in such place to which certain property is only assessed at one-fourth of its rateable value. The Board have had no power to provide that the expense should be made a charge on the par- ticular place in respect of which it was incurred, and yet be defrayed out of the same rate as it would have been if it had not been made a special expense. Under Section 29 (J) of the Act of 1894, however, where the Board determine any expenses under that Act to be special expenses and a separate charge on any contributory place, they may further direct that such special expenses shall be raised in like manner as general expenses. Accountt, The accounts of the receipts and payments of the rural district council and of their committees and officers must be made up half- yearly to the 30th of September and the 31st of March in such form as the Board prescribe. Pending the issue by the Board of an order prescribing forms for the accounts of the rural district council, the Board think that the accounts should be kept in the form which has been adopted for the accounts of the rural sanitary authority. The accounts of the rural sanitary authority should be made up and balanced to the appointed day, and the balances should be carried into the accounts of the rural district council. Committees. Section 201 of the Public Health Act, 1875, under which a rural sanitary authority might delegate for their year of office all their powers to a committee consisting wholly of their own members, is repealed by the Local Government Act, 1894. The power of appointing parochial committees, conferred by Section 202 of the Act of 1875, is transferred to the rural district council; but if the district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those other persons must, where there is a parish council, be, or be selected from, the members of the parish council. Moreover the district council may delegate to a parish council any power which may be delegated to a parochial committee under the Pul)lic Health Acts. Parochial committees which are existing at the present time will apparently cease to exist on the ai)pointed day. The rural district council may, under Section 56 of the Act of 1804, 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 com- mittee must not hold office beyond the next annual meeting of the council, and the acts of every committee must be submitted to the council for their approval. If, however, a committee is appointed by the rural district council for any of the purposes of the Public Health Acts or Highway .\cts, the co\incil 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. The quorum, proceedings, and place of meeting of a committee, whether within or without the district, and the area, if any, within 566 PROCEEDINGS OF RURAL DISTRICT COUNCILS. which they are to exercise their authority, will be such as may be determined by regulations of the rural district council. Subject to such regulations, the quorum, proceedings, and place of meeting, whether within or without the district, will be such as the com- mittee direct, and the chairman at any meeting of the committee will have a second or casting vote. The provisions of Section 204 of the Public Health Act, 1875, which relates to committees, and so much of the First Schedule to that Act as relates to committees, are repealed by the Act of 1894. Joint Committees. A parish or district council may, under Section 57 of the Act, concur with any other parish or district council or councils in ap- pointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in con- ferring, with or without conditions or restrictions, on any such committee any powers which the appointing council might exercise if the purpose related exclusively to their own parish or district. A council must not, however, delegate to any such committee any power to borrow money or make any rate. A joint committee thus appointed will not hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it. The costs of a joint committee must be defrayed by the councils by whom it is appointed, in such proportions as they may agree upon, or as may be determined in case of difterence by the county council. Powers of Rural District Council. The Board do not propose in this circular to set out the powers which the rural district council will possess under the Act of 1894. They may, however, point out that by Section 25 there will be transferred to the district council, as from the 28th inst., all the powers, duties, and liabilities of the rur;il sanitary authority in the district, and of any highway authority in the district. The rural district council will l)e the successors of the rural sanitary authority and highway authority, and will also have, as respects higliways, all the powers, duties, and liabilities of an urban sanitary authority under Sections 144 to 148 of the Public Health Act, 1875. The county council are, however, empowered to postpone within the county, or any part of it, the operation of the section so far as it relates to highways, for a term not exceeding three years from the appointed (lay, or such further period as the Board may, on the application of the county council, allow. This power has been exercised by county councils in a large number of cases. Existing Officers. 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 the council. For the purposes of this section the body appointing a surveyor of highways are to be deemed to be a highway authority, and any paid surveyor to be an officer of that body. Consequently the officers of the rural sanitary authority, and of any highway authority whose powers are transferred to the rural district council, will become officers of the council. L. G. B. CIRCULAR, 2-4TH DKCK.MRKIt, 1894. 5G7 Every such officer will hold his office by the same tenure and upon the same terms and conditions as heretofore, and, while performing the same duties, is to receive not less salary or remuneration than heretofore. The section further provides that Section 120 of the Local Government Act, 188S, which relates to compensation to existing officers, shall apply in the case of existing officers affected by the Act of 1894, as if references in that section to the county council were references to the rural district council, whose officer the person affected is when the claim for compensation arises. All expenses incurred by the rural district council in pursuance of this section are to be paid as general expenses of the council. It will be seen that under this enactment where any existing officer of any authority, whose powers are transferred to the rural district council in consequence of the Act of ISOi, suffers any direct pecuniary loss by abolition of office, or by diminution or loss of fees or salary, he will be entitled to have compensation paid to him by the rural district council, regard being had to the considerations mentioned in snb-sectioii (I) of Section 120 of the Act of 1888. The compensation must not exceed the amount which under the Acts and rules relating to the Civil Service is paiil to a person on abolition of office. Subject to this, the amount of the compensation will be determineil in the first instance by the rural district council; but if a claimant is aggrieved by the refusal of the council to grant any com- pensation, or by the amount of compensation assessed, of if not less than one third of the members of the council subscribe a protest against the amount of the compensation as being excessive, the claimant or any subscriber to the protest may, within three months after the decision of the council, appeal to the Lords Commissioners of Her Majesty's Treasury, whose determination will be final The Board themselves have no jurisdiction in the matter. Term of Office and Retirement of Guardians. The provisions of the Act of 1894 ret^ulating the terra of office and mode of retirement of the guardians under ordinary circum- stances will be found in Section 20 (G) and Section 60, and need not be epitomised here. They will apply to the rural district councillors. It seems desirable, however, to point out that special provision is made by Section 79 as to the term of office and retirement of the rural district councillors first elected under the Act. There will be no election, except to fill casual vacancies, in 1895, and if the coun- cillors are to retire together at the end of the triennial period, the councillors first elected will all retire on the 15th of April, 1898. If, however, one third of the councillors are to retire annually, then one third as nearly as may be will retire on the 15th of April in each of the years 180G, 1897, and 1898, and will continue in office until those days. The councillors to retire on each of the days referred to will be the councillors for such parishes, wards, or other areas as may be determined by the county council for the purpose of the rotation. Resignation of Office. Casual Tacancies. It is provided by Section 48 (4) that rural district councillors shall be in the same position witli respect to resignation as guar- dians. Hence if a rural district councillor wishes to resign his office, he should tender his resignation to the Board, and state the 568 PARISH COUNCIL : ANNUAL MP:i;TING. cause of his desiring to resign. If the Board deem the cause reason- able, they may accept the resignation. A person ceasing to hold the office of rural district councillor will be re-eligible, unless he is disqualified to hold the office. As regards the filling of casual vacancies,* it seems sufficient to dfaw attention to the provisions of Sections 40 and CO of the Municipal Corporations Act, 1882, as adapted by the rural district councillors election order. These provisions will be found in the fourth Schedule to the Order. I am sir, Your obedient Servant, Hugh Owen, The Clerk to the Rural Sanitary Authority. Secretary. Annual Meeting of Parish Council. Local Government Board, Whitehall, S.W. ; Sir, \Oth April, 1895. I am directed by the Local Government Board to draw the attention of the parish council to the provisions of the Local Govern- ment Act, 1894, with reference to the annual meeting of the Council. Meeting must be held. Sub-section (7) of Section 3 of the Act provides that the parish council shall in every year, on or within seven days after the ordinary day of coming into office of councillors, hold an annual meeting. The ordinary day of coming into office of parish councillors is the 15th of April. Hence the annual meeting must be held on that day, or on some subsequent day not later than the 22nd of April. The parish councillors who were elected at the first election will not retire until the 15th of April, 1896; but nevertheless an annual meeting of the parish council must be held in this year. The meeting n)ust be convened in the usual way, and the usual notice must be given of the meeting and of the business to be trans- acted at it. See Rules (4) and (5) of Fart Two of the First Schedule to the Act. Election of Chairman. The first business to be transacted at the annual meeting will be the election of the chairman of the parish council for the ensuing year. Although the first parish councillors are retained in office until the 15th of April, 1896, this is not the case with the first chairman of the parish council, and, consequently, it will be neces- sary that a chairman should be elected at the annual meeting in the present month. The chairman must l)e elected either from the parish council or from other persons qualified to be councillors of the parish, i. e. from among parochial electors of the parish, or persons who have during the whole of the twelve months preceding the election resided in the parish or within three miles of it. The present chairman of the parish council will be empowered to preside at the commencement of the annual meeting, but his suc- cessor, as soon as he is a|)pointed, will be entitled to take the chair if he is present. * This is now provided for in the Rural District Councillors Casual Vacancies Election Order, 22nd January, 1895. L. (',. r.. ciRcri.Ai;, 10th aimiii., isD'j. 569 The question has been raised whether the present cliairnian can preside at the meeting if he is a candidate for re-election as chairman. The Board have no authority to decide the question, hut they ihinli tliat the proper course is for the chairman noi to preside under such circumstances. If there is a vice-chairman, and he is present, he should preside, but otherwise the parish council may elect one of their number to preside. The Board may take this opportunity of referring to two questions which have been brought under their notice in connection with the office of chairman of a ))arish council. These questions are, firstly, as to whether the chairman of the parish council can act as chairman of the parish meeting if he is not a parochial elector of the parish ; and secondly, whether the vice-chairman of the parish council is entitled to presiile at the parish meeting in the absence of the chairman. As regards the first question, the law officers of the Crown have advised that if the chairman of the parish council is not a parochial elector he is not entitled to he present at the jjarish meeting, or to be chairman of it. As regards the second question, the Board do not think that the vice-chairman of the parish council, even although he is a parochial elector, can claim to act as chairman of the parish meeting if the chairman is absent or unable to preside. Appointment of Overseers. When the chairman of the parish council has been elected, the next business will be the appointment of tlie overseers. The Board do not think that they need add anything on this subject to the " .Memorandum as to the appointment of overseers by parish councils under the Local Government Act, 1S94," a copy of which accom- panied their circular letter to you of the 16th February last, but the observations contained in that Memorandum should be carefully considered before the ap))ointment of overseers is made. The neces- sity of giving notice of the appointment to the guardians of the union in the form prescrii)ed by the Board's Order of the 9th of February last should be borne in mind. Assistant Overseers. The power of appointing and of revoking the appointment of an assistant overseer under Section 7 of the Poor Relief Act, 1819 (59 Geo. 3, c. 12), lias been transferred to the parish council. Hence, if it is desired to appoint an assistant overseer for the parish, or if there is an assistant overseer who has been appointed under the Act referred to, and whose term of office will expire before the annual meeting, the question of making an appointment sliould be included in the notice of the business to be transacted. Any existing assistant overseer appointed under the .-^ct has become an officer of tlie parish council; but any assistant overseer appointed by the guardians of the union under an order of the Poor Law Commis- sioners has not been transferred to the parish council, and is not subject to their control, except in so far he may act as their clerk. In future, however, no appointments of assistant overseers will be made by boards of guardians. If the parish council appoint or reappoint an assistant overseer they must pass a resolution to this effect, and the resolution must specify the salary to be paid to the officer, and must assign to him his duties. As regards the salary, it will be borne in mind that, if the assistant overseer is clerk to the parish council, the performance of his duties as clerk is to be taken into account in determining his 570 PAPJSH COUNCIL : ANNUAL MEETING. salary as assistant overseer. A separate salary must not be assigned to him as clerk. The duties to be assigned to him may be all or any of the duties of an overseer, except that where there is a collector of poor rates appointed i)y the guardians the duty of collecting the poor rates cannoi be assigned to the assistant overseer. Subject to this, if it is intended that he should perform all the duties of an overseer, it will be sufficient if the resolution assigns to him all the duties of an overseer. The duties need not be specified. But if only some of the duties of an overseer are to be performed by him^ the duties assigned must be clearly stated. If there is only one assistant overseer for the parish, the resolution need not appoint him as clerk to the parish council. Unless there is a vestry clerk for the parish, or one of the members of the parish council acts as clerk, the assistant overseer will be entitled to act as clerk, without any appointment as such. But if there is more than one assistant overseer for the parish, and there is no vestry clerk, and no member of the parish council acts as clerk, then the council must appoint one of the assistant overseers to act as clerk. It is not necessary that the assistant overseer should be appointed for any particular period. If no period is specified, he will hold office until he resigns, or until his appointment is revoked by the parish council. No warrant of Justices will be required. Surveyors of lliyhways — Waywardens. At the time when the annual meeting of the parish council is held, the rural district council will, under Section 25 of the Local Govern- ment Act, 1894, have become the highway authority of the parish, unless the county council have made an order postponing the operation of the section in the parish, so far as it relates to highways, for a period extending beyond the date at which the meeting takes place. If the rural district council have become the highway authority, the parish council will have no power to elect a surveyor of highways or waywarden. But if the rural district council have not become the highway authority, and one or more surveyors of highways or one or more waywardens would, if the Local Government Act had not been passed, have had to be elected by the vestry of the parish, the power of electing persons to fill their offices has now been transferred to the parish council, and should be exercised at the annual meeting. It may be, however, that in the case of a parish in a highway district the order of the county council postponing the operation of Sec- tion 2.") has made special provision as to the way in which the waywardens should he elected whilst the order continues in force. If so, the directions contained in the order must be followed in this matter. Hence reference should be made to tlie order before the notice of the annual meeting is given. If one or more surveyors or waywardens have to be elected, this should be done by a resolution of the parish council, duly entered on the minutes. If, however, a paid surveyor is elected under the power conferred by Section 9 of the Highway Act, 1835, the resolutioti must fix his salary, and the appointment must be made in writing, and shoiihl be signed by the chairman of the meeting of the parish council at which the election takes place, and by two other members of the council. Only one paid surveyor can be elected, and he is required to be a person of skill and experience. The qualification for an unpaid surveyor or for a waywarden is. L. (J. I',. CIKCTLAi;, lO'DI AI'IMI., IS'JT). f)?! that he shall be a person living within the parisli or an adjoining parisli, and have an estate in houses, lands, tutiemeiits, or heredita- ments lying witliiri such parisli in his own right, or in right of his wife, of the yearly value of 10/., or a personal estate of the value of 100/., or that he sliall he an occupier or tenant of houses, lands, tenements, or hereditaments (whether he is resident within the ))arish or within any adjoining parish) of the yearly value of 4-"20. Tlie consent of the parish council will he necessary to the appoint- ment of a collector of highway rates hy any surveyor or waywarden elected hy them. I am, sir. Your ohedient servant, S. B. Provis, The Clerk to the Parish Council. Assistant Secretary. 572 GENERAL ORDERS. GENERAL ORDERS Issued by the Local Government Board, under the Local Government Act, 1894. The following orders down to and including the order of llth March, 1895, are printed in the Supplement to the 24th Annual Report of the Local Government Board, and may he obtained in one volume from Messrs. Eyre and Spottiswoode, East Harding Street, Fleet Street, price 1*. Id. 13th Sept., 1894. Parish Councillors Election Order, 1894. 22nd Sept., 1894. Rural District Councillors Election Order, 1894. 29th Sept., 1894. Guardians (outside London) Election Order, 1894. 29th Sept., 1894. Urban District Councillors Election Order, 1894. 3rd Nov., 1894. Guardians (London) Election Order, 1894. 3rd Nov., 1894. Vestrymen and Auditors in London Election Order, 1894. *15th Nov., 1894. Parish Meetings (Polls) Order, 1894. *20th Nov., 1894. Scale of Expenses in Elections under Local Government Act, 1894. 10th Jan., 189o. Vestrymen (London) Casual Vacancies Order, 1894. 17th Jan., 1895. Election Petitions (security for costs) Order, 1895. 19th Jan., 1895. Guardians (outside London) Casual Vacancies Election Order, 1895. 19tli Jan., 1895. Guardians (London) Casual Vacancies Election Order, 1895. 22nd Jan., 1895. Rural District Councillors Casual Vacancies Election Order, 1895. 24t)i Jan., 1895. Urban District Councillors Casual Vacancies Election Order, 1895. *5th Feb., 1895. Parish Meetings (Polls) Order, 1895. *9th Feb., 1895. Notices of Appointment of Overseers by Parish Councils. *9th Feb., 1895. Notices of Appointment of Overseers by Parish Meetings. *llth Feb., 1895. Form of Precept : Parish Councils. *llth Feb., 1895. Form of Precept: Parish Meetings. 16th Feb., 1895. Parish Councillors (small Parishes) First Elec- tion Order, 1895. llth March, 1895. Urban District Councillors (Additional Councillors and New Districts) Election Order, 1895. * Orders marked thus (*) are contained in the present volume ; see "Contents," pp. vi and vii. GENERAL ORDERS. 575 The following orders down to and including the order of 5th November, 189j, are printed in the Appendix to the 24th Annual Report of the Local Government Board. The Report and Appendix can be obtaineil in one volume from .Messrs. Eyre and Spottiswoode, price 4«. 7d. 20th May. 1895. Rural District Councillors (.\dditional Councillors) Election Order, IH'Jo. 20th May, 181)5. Guardians (outside London) (Additional Guardians) Election Order, 1895. *20th May, 1895. Compulsory Hiring of Land: Regulations and Adaptations. *21st May, 1895. Compulsory Hiring of Land: .\daptations of Lands Clauses Acts. *22nd May, 1895. Compulsory Purchase of Land : Regulations and Adaptations. *23rd May, 1895. Compulsory Purchase of Land : County Boroughs. *20th May, 1895. Audit of Accounts: Rural District Councils; Parish Councils ; Parish Meetings and Joint Committees. 21st May, 1895. Audit of Accounts : Parish Councils : Financial Statement, 1895. 22nd May, 1895. Audit of Accounts: Rural Parishes not having Parish Council : Financial Statement, 1895. 27th May, 1895. Audit of Accounts : Joint Committees of Parish Councils -! °^ i- Parish Meetings : Financial State- ly anil J ment, 1895. *26th July, 1895. .\u(iit of Accounts : Joint Committees of District Councils or of District Councils and Parish .Meetings or Parish Councils. Financial Statement, 1895. *21st Sept., 1895. Form of Demand Note for Payment of Poor Rate. *5th Nov., 1895. Loans from County Councils to Parish Councils. The following orders have also been issued, but they have not yet been published in full in any official publication. 15th Feb., 1896. Parish Councillors Election Order, 1896. 19th Feb., 1896. Rural District Councillors Election Order, 1896. 20th Feb., 1890. Guardians (outside London) Election Order, 1896. 21st Feb., 1896. Urban District Councillors Election Order, 1896. 24th March, 1S96. Vestrymen and Auditors (London) Election Order, 1896. 7th April, 1896. Financial Statement to 31st March, 1896, Parish Councils. 8th April, 1896. Financial Statement to 31st March, 1896, Parish Meetings. 14th April, 1896. Financial Statement to 31st March, 1896, Rural District Councils. * Orders marked thus (*) are containoJ in the present volui " Contents," pp. vi and vii. r)74 GENERAL ORDKIIS. 6th May, 1896. Financial Statement to 31st March, 1896, Joint Committees of Parish Councils and Parish Meetings. 30th Sept., 189G. Financial Statement to 30th Sept., 1896, Rural District Councils. 23rd Jan., 1897. Parish Councillors Election Order, 1897. 13th Feb., 1897. Rural District Councillors Election Order, 1897. 27th Fet)., 1897. Guardians (outside London) Election Order, 1897. 27th Feb., 1897. Urban District Councillors Election Order, 1897. 24th March, 1897. Vestrymen and Auditors (London) Election Order, 1897. 7th April, 1897. Financial Statement to 3l8t March, 1897, Joint Committees of Parish Councils and Parish Meetings. 8th April, 1897. Financial Statement to 31st March, 1897, Rural District Councils. 10th April, 1897. Financial Statement to 31st March, 1897, Parish Councils. 17th April, 1897. Financial Statement to 31st March, 1897, Parish Meetings. 27th April, 1897. Financial Statement to 31st March, 1897, Joint Committees of District Councils and Parish Councils or Parish Meetings. Any of the above orders may also be obtained separately from .Messrs. Eyre and Spottiswoode, at prices varying from S^d. to 4^d. each. INDEX. Abolition of oflBce .... Absence from meetings, effect of Acceptance of office .... by jiarisli councillor by guardians .... by urban district councillors by rural district councillors Accounts — of parochial charities of county council's receipts and exj^enditure 1 form and audit of . publication of ... . declarations as to . irregularities in . disallowances and surcharges inspecting and taking copies of receipts, &c., before appointed day under Allotments Acts . . 281, Acquisition of land and buildings by parish council Actions and contracts pending on transfer of powers Acts repealed .... 130, 234, 242 Adjournment of parish meeting Adjustment of Property, Eights, &c. — on dissolution of group of parishes of grouj) where parish added or taken away on creation of new borough or urban district of Improvement Commissioners who are alst. Harbour Commissioners of property and liabilities, general provisions by arbitration .... sums paid for .... approval of L. G. B. to . 235 183, 186 188, 191 245, 543 547, 552 555, 556 561 108, 111 , 14, 215 202-211 204 208 208 208 203 240 283. 285 12, 87 241 249, 272 243 166 167 199 216 217 ■J IS 218 218 576 INDEX. Administrative business, transaction of, by agents Adoptive Acts ..... adoption of, and authority for executing — majorities required for part of a parish Baths and Washhouses Acts . Burial Acts .... Lighting and Watching Act . Public Impi-ovements Act Public Libraries Act . expenses under form of precept demand note to show proportions levied for borrowing money for . existing authority may transfer powers division of parish where Acts are in force transfer of powers to urban council . adoption in urban district altering boundaries of area under Agents, employment of district council by county council Agreement — acquisition of lands by . for adjustment of proj^erty, &c. pending on transfer of powers Agricultural Gangs Act, 1867 . Agricultural Holdings Act, 1888, text of . compensation on expiration of allotment ten ancy . . . . ,99 compensation generally notice to landlord of intended impi-ovement regulations as to compensation procedure in claiming compensation notice to and by landlord agreement and arbitration . , appointment of referees and umpire . proceeding in party's absence . form and contents of award . costs of reference day for paying compensation PAGE 216 17, 32, 84 54 85 85 84, 287, 288 84, 85, 306 84, 370, 373, 394 . 84,439 84, 440, 453 84, 101 103 101, 516 103, 104 197 197 214 214 197 216 90 217 242 138, 255 257 268, 270 257-264 258 259 259 259 259-263 260 261 261 262 262 INDEX. 677 Agricultural Holdings Act, 1883 (continued) — mode of recovering compensation . appeal to county court high court service of notices . notice to quit, to and from tenant . fixtures, machinery, &c. when tenant may remove landlord may purchase application of Act to Crown lands . to lands of Duchies of Cornwall and Lancaster to Episcopal, Church, or charity lands re-entry by landlord provisions for compensation to apply provisions for limited owners distress — what may be distrained remedy for wrongful distress . setting off compensation against rent fees payable holdings to which the Act applies . contracting out of the Act is void . improvements purchased from outgoing tenant limitation of right to compensation provision as to change of tenancy . definition of terms . improvements — to which consent of landlord is required to which consent of landlord is not required as to which notice to landlord is required Agricultural Kates Act, 1896 . Agriculture, Board of — application to, in regard to commons copies of certain notices to be sent to Aldershot, Public Health Act of Aliens, disqualification of Allotment Managers, &c. — transfer of powers of, to parish council parish council may apply for election of 26:i, 262. 87, 80. 180, PAOE 263 262 263 265 265 265 265 266 266 267 267 268 268 269 269 269 273 270 270 270 270 270 271 272 273 273 U7 136 221 212 182 80 ,^0 37 578 INDEX. 493 Allotment Managers, &c. {continued) — transfer of powers of, under Allotments Acts Allotments .... hiring land for, preliminary expenses powers of parish council powers of county council L. G. B. memorandum management of letting land by i^arish council power of acquiring lauds for transfer to parish council of lands held by may be held by parish councillor . compulsory hinng of land, orders as to purchase of land, oi'ders as to adaptations of Allotments Act, 1887 of Allotments Act, 1890 of Lands Clauses Acts Allotments Acts — representations by parish council . meetings to discuss, may be held i rooms .... Allotments Act, 1887, text of representations by electors land cannot be got by agreement . sanitary authority to hire or purchase limit of outlay for purchasing or hiring " reasonable rent " . provisional order authorising compulsory purchase purchase of land, enactments incorporated disputed compensation, arbitration lands not to be taken — parks, gardens, pleasure-grounds, &c. land of canal and railway companies hiring land ...... coal or metalliferous ore costs to be awarded in certain cases improving, fencing, and dividing land, makingroads regulations for allotments .... confirmation of regulations. 277, 278, 282 13 94 96,99 96 99 79 88,98 90-99 trustees 79,107 186 492, 495 608, 513 510, 514 495, 512 495 school 72 80 280, 286 273 274, 283 274 274 274 274 274 274, 275, 281 275 275 275 276 276 276 276 276, 282 276 INDEX. .j71i PAOK Allotments Act, 1887 {continued) — allotmeut managers, electiou of . . 277, 278-279 rent, letting, use, rates and taxes . . . 277 tenants, occupiers for parliamentary franchise . 277 erection of buildings . . . .277 compensation for, and pulling down buildings . 27b removal of fruit-trees . , . .278 recovery of rent and i^ossession . . . 278 notice to quit, compensation . . . 278 regulations of Local Government Board . . 279 use of schoolroom ..... 280 absence or bankruptcy of manager . . 280 expenses of local authority .... 280 accounts of receipts and expenditure . . 281, 283 sale, &c., of superfluous land . . . 281 common pasture, scheme for . . . 282 allotmeut wardens under Inclosure Act, 1845 . 282 under Allotments Act, 1882 . . 282 combination of parishes, expenses . . . 282 register of tenancies .... 283 inspection and taking copies of register . . 283 definitions ...... 283 Allotments Act, 1890 .... 284 petition to county council on failure of local au thority to provide land county council may provide land . to appoint standing committee inquiry by county council . borrowing powers .... accounts of receipts and expenditure provisional orders .... delegation by county council conferring powers on local authority use of schoolroom for meetings expenses of county council and local authority receijits by county eouncil, to whom payable Alterations of Areas and Boundaries — general provisions as to . . . 2, &7, of county boundary .... 284 284 284 285 285 285 285 285 285 28t) 286 286 156, 197 157, 219 580 INDEX. PAGE 157 197 239 159 219 455 Alterations of Areas and Boundaries (continued) — of poor law union . of areas under Adoptive Acts limit of time for making — prior to first elections generally county council may deal with matters arising out of ... . orders of Local Grovernment Board as to — affecting county councils — inquiries and notices Annual assembly of parish meeting in small parishes . Annual Meeting — of district council . of parish council date and time of holding business to be done at to be open to the public notice of meeting election of overseers at Annuities, payment of, in adjustments of rights, &c Appeals against disallowances and surcharges Appeal to county council, see Default. Appeal to High Court — to determine questions of transfer of powers from decision of Charity Commissioners as to compensation under Agricultural Holdings Act Appearance of parish council in legal proceedings Application to Board of Agriculture as to commons notice to parish and district council Appointed day, date of . Apportionment op Property, &c. — of rent of land hired for allotments in divided area under Adoptive Acts of Imj>rovement Commissioners who are also Harbour Commissioners of officers' salaries in divided parishes Arbitration — in compulsory purchase of land . . . 52, 92. 68, 242, 396 120, 396 25 42 69, 70, 247 69, 120, 245. 246 247 246 . 74, 120, 245 ts, &c. . 218 208 220 220 262 247 87- 136 239^ 97- 198 216 234 INDEX. 581 Arbitration (continued) — powers of arbiti-ator — in questions of hiring land in awarding compensation at end of tenn 98, in adjustments of property, &c. in disallowing costs . . . • award to be deposited with ]>arish documents Arbitration Act, 1§89, refei-red to . . • Areas and Boundaries — alteration of, general provisions . 2, 67, 156, to whom orders should be sent grouped parishes to be in same county inquiries and notices : orders of Local Government Board ..... county councils (14th Sept., 1889) . county boroughs . . • • Assembly of parish meeting, date and notice . 68, Assistant Overseers — appointment of . 74, 120, 150, 153, to become officers of the parish council guardians are not in futui-e to appoint position and description of power of parish council to dismiss duties of . salary of . . . • • H^'j appointed as clerk of parish council when not to be clerk of parish council Associations, subscriptions to, by parish councils Audit of Accounts — of accounts of charities administered by parish council L. G. B. orders and circulars as to rural district councils notice of . . • auditor's rej^ort publication of accounts parish councils — notice of audit 97 259-263 218 218 97 218 197, 219 221 166 455 455 120. 242 546, 569 233 234 234 234 234 117-118 116 233 102 112 203 2U3 203 204 •J(i4 204 582 INDEX. PAOB Audit of Accounts {continued) — parish councils — auditor's report .... 204 parish meetings ..... 204 joint committees ..... 205 cost of audit . . . . .205 district audit stam}) .... 207 books and accounts to be produced at . . 206 by overseers . . . ' . . 207 by assistant overseers and collectors . . 207 by highway surveyors and collectors . . 207 accounts — declaration as to . . . . 208 irregularities in ... . 208 appeals against disallowances and surcharges 208, 210 costs of auditor .... 210 documents to be sent to Local Government Board 210 what appeal should contain . . . 210 persons who may be present at . . . 211 in boroughs ..... 211 before appointed day .... 240 of urban authority's accounts . . . 432 election and qualification of auditors in metro- polis . . . 62-63, 148, 184, 230-231 rural and parish councils, parish meetings and joint committees — notice of audits .... 489 report of auditor .... 490 joint committees of district councils, &c. — notice of audit .... 491 report of auditor .... 491 Auditor — report of 490,491 Award of arbitrator to be deposited with parish docu- ments ...... 97 Ballot, poll to be taken by . . . . 68, 188 Ballot Act, 1872, incorporated . . . .188 INDEX. 583 as to 182 84, Ballot boxes, &c., borrowing of Ballot paper, form of . Bank holidays, Christmas Day, &c., provisions Bankruptcy, disqualification from Barrister, revising, directions to Basis of county rate, appeals as to Baths and Washhouses Acts, adoption of l^owers of urban authority under . Baths and Washhouses Acts, 1846 to 1852 ditto, 1896 .... definitions .... Commissioners — appointment, retirement, meetings incorporation of quorum validity of acts not to be personally liable appointing officers and servants superannuation of minutes of proceedings to be evidence not to take fees or be intei*ested in contracts accounts of receipts and expenditure appointment of auditoi-s expenses, how defrayed inspection and taking copies . baths — purchase of existing . supply of water and gas to sale of, if too expensive management of charges for . bye-laws for appeal against proportion for labouring classes swimming baths : closing in winter removing offenders refusing admittance to be considered ** open places " borrowing money . 289 295, 297. 291, 294- PAOB 189 486 222 183, 184 169 79 287, 288 416 287-301 302 287, 296 288 290 289 296 293 289, 299 300 289 295 289, 290 289 290, 300 289, 291 293 293 294 294, 299 299. 300 ■295, 299 293 295, 297 299 299 299 299 291, 299 584 INDEX. Baths and Washhousks Acts {continued) building baths, wasbhouses, &c. outside parish or borough contracts exceeding ,£100 appropriation of land for acquiring land by agreement sale and exchange of land combination of parishes for providing incorporation of Acts — Lands Clauses Act, 1845 Companies tllauses Act, 1845 . music and dancing in baths Beneficiaries of Charities — publication of names not to be trustees of charities grouping order to provide for Board of Agriculture — application under Commons Act . copies of certain orders to be sent to Board-room of guardians, use by rural council Boats, providing and regulating Books for pai'ish purposes, provision . custody, inspection, and taking copies of Boroughs (Municipal) — qualification of guardians in council may apply for cert?in powers of a parish council . trustees of parochial chai'ities in alteration of boundary of . council to consider reports of Boundary Com missioners 292, 298 301 292 291-292 297 293 290 296 291 302 108 109, 112 166 87, 88, 136 221 211 89 79 117 127 150 150 157 159 provisions to be made on creation of new borough 10, 198 pi-ovisions as to committees not to apply to . 201 Borrowing ballot-boxes, &c. .... 189 Borrowing Money — by parish council — restrictions on . . . . • 101 powers of . . . . 58, 101, 103 consents necessary . . 10, 59, 101, 103, 104 I IXDKX. 585 Borrowing Money (continued) — by parish council — security .... order of Local Grovernment Board repayment .... county council may lend for adoi)tive Acts allotments baths and ■washhouses Burial Acts . . 308, 326 public libraries . . * . by county councils on default of disti'ict council by district councils payment of adjustment expenses under various Acts under Pul)lic Health Act, 1875 . 429 Boundaries and areas .... See Areas, and Alterations of areas. Boundary Commissioners, reports of Bridleway, obstruction of . . . Buildings — may be acquired by parish council . parish council may acquire land tor selling and letting borrowing money for belonging to part of a parish, management of Burials — certificate of, to whom to be sent . exemption from tolls, persons attending funeral fees, to incumbents, sextons, &c. 312, 313, 315,31! for interments, monuments, inscriptions, &c revision of . for pauper burials for persons from outside the parish approval of Secretary of State in unconsecrated ground in burials without church rites in St. Paul's and Westminster Abbey registers of . Iu4 105 105 59. 104 59, 104 285 291, 299 342. 347 446 215 219 218 219 -432, 436 156 159 531, 535 87 87 88 103 200 341 n. 341 , 328, 349 314 314, 327. 328 317 327 •, 330 342 349 305 117, 118. 324, 341 586 INDEX. Burials (continued) — without church rites . . ' . Burial Acts, 1852 to 1885 . Burial Acts generally — adoption of . . . . .84 local boards may exercise powers of church service in unconsecrated ground . relief of clergy from penalties sexton's right to toll bell . authority from incumbent to perform service saving rights of 'certain cemetex'y companies parishes to which Burial Act, 1852, applies application of 1852 Act outside the metropolis Home Office memorandum as to jiroceedings under ..... adoption of Acts in urban districts in rural parishes ... providing burial grounds, urban districts rural parishes Burial Boards — L. Gr. B. memorandum as to Home Office memorandum effect on, of alteration of parish boundaries is a local authority within Sec. 59, Local Govern ment Act, 1888 how dealt with on alteration of boundary sale of land by town council, acting as district has ceased to be co-extensive with parish appointment, meetings, quorum . 306, 315, 325 appointment in divided parishes . incorporation of . definition of . . . vacancies in . . . appointment of officers minutes of proceedings accounts, audit .... 307, expenses . . 307-308, 326, 380, 332, to fix fees ...... acting for two or more parishes page 348-349 308-353 , 85, 306 335, 386 351 351 311 311 319, 321 319 324, 325 520 520 525 523 527 86 520 162 164 219 327 332 336, 347 347 309 345 329 307 307 326, 346 342, 346 313 335 INDKX. r)S7 Burial Boards (coniimieJ) — transfer to, of grounds provided under Church Building Acts ..... o38 borrowing money and levying rate 308, 326, 342, 347 purchase of closed ground adjoining their own . 344 contested elections of ... . 353 Burial Grounds — provision of, in rural ])arishes . . . 85, 527 in urban districts .... 523 closing . . . . . 304, 322, 329 maintenance when closed .... 79 Jews and Quakers ..... 304, 322 for parish whose own is closed . . . 304 not separately maintaining its poor . . 332, 336 ill metropolis ..... 305, 321 for poor law unions .... 338 combination of parishes for providing 308, 331, 335, 339 provision by burial board .... 309, 330 purchase of land ..... 309 using, letting, and selling superfluous land 310, 334, 343-344 appropriation of parish land . . . 310, 328 laying out ...... 310 building chapel . . . 310, 324, 330, 333 combination for building or using . . 333 consecration . . . 311, 331, 336, 340 contracts for works over £100 . . . 311 erection of monuments, inscriptions . . 313, 314 management by bui'ial board . . . 314 conveyance of bodies . . . . 315 provision of mortuaries . . .315 regulations for .... 316, 330, 340 Brompton Cemetery .... 316,317 restraining pi'ovision of new . . . 322, 323 forbidding, in cities and towns . . . 323 provision by town councils . . . 325 conveyance, holding and sale of laud . . 327 allotting for specified parishes . . . 327 inspection by Secretary of State . . . 330 not to be within 100 yards of dwelling . . 331 588 INDEX. BuBiAL Grounds (^continued) — new ground, terms of settlement of setting apart unconsecrated land . assessment not to be increased use of consecrated ground for secular purposes for new and -divided parishes oi-ders in council for regulating power to bury in, before consecration taking for public improvements removal of bodies from closed — use of vaults in disposal of cbapel burials after order to close keeping in order use of, as public garden for building, &c. power of vestry to purchase closed ground belonging to another parish preventing vaults from becoming injurious Business of parish councils and meetings, regulations Bye-laws (see also Regulations) — existing, to continue in force for baths and washhouses . . 291, 293 infant life protection petroleum, ships carrying . pleasure-grounds, public walks, boats, &c Public Health Act . 331 331, 336, 340 333 334 337 340 341 343-344 344 305, 323 318 323, 329 , 334-335 335 335 79 339 342, 345 246 241 -295, 299 357 399 87, 89, 419 . 420-421 Candidates for Election — may use schoolrooms for meetings right of questioning power to attend parish meeting Capital sums paid for adjustment, application of Casting Vote — chairman of parish meeting of parish council of district councils of joint boards 72 244 244 218 244 246 437 248, 438 INDEX. 589 Casual vacancy (see Vacancies) Cemeteries Clauses Act, 1847, partly incorporated Chairman — mode of testing election of disqualifications for being elected . of rural district council qualification and election of . 126, 131 casting vote .... to be justice of the peace of urban district council appointment and tenure of office 129, 130 casting vote .... to be justice of the peace of Oxford local board of board of guardians qualification and election of . of parish council .... need not be a parish councillor qualification and tenure of office election of . power to convene meetings deposit of documents with serving notices on . casting vote of . vacancy in office, resignation, re-election to be chairman of parish meeting of parish meeting ... 68, 120 duty as to voters ... must be a parochial elector decision of questions by assent, when necessary, to taking poll casting vote of . . • vacancy in office, resignation, re-election power to get expenses paid . . 101 chairman and overseers to be body corpo- rate . . . ■ • to hold laud to have a seal acts of, execution by . 315 127, 437 182 564 132. 211 437 128 558 132, 437 437 128, 129 438 549, 554 126 543 70 69, 70 245 181, 24f> 117 246 246 70, 186 181 181, 245 68 69 246 244 244 186 10-2, 125 120 120 120 121 590 INDEX. Chairman {continued) — chairman and overseers, property to vest in charity schemes to be communicated to of District Councils Act, 1896, text of Change of Name — of district or council not to affect identity of urban sanitary authority Charitable Trusts Acts, 1853-1891 . 8J consent vmder, to sale, &c., of parish property draft schemes to be sent to parish council . accounts of parochial charities to be laid before parish meeting beneficiaries of dole charities to be published vesting order dealing with legal estate in property of overseers and churchwardens Charities — ecclesiastical property, &c., not to vest in parish council . . or pai-ish meo^^inj^ Charities (Parochial)— transfer of, to parish council scheme affecting rural parish, notice to parish council ..... support or opposition by parish council • accounts to be laid before parish meeting . to V>e audited .... ])ublication of names of beneficiaries of doles term of office of trustees forty years to expire from date of charity befoi-e Act applies .... trustees of, and their families, not to benefit by audit of accounts . . . • beneficiaries of : parish councillor . n)eniorandum of Charity Commissioners as to Charity Commissioners — approval of, to transfers of charities to settle number of additional trustees to parish charities . . . • draft schemes of, to be sent to parish councils 120 108 130 199 240 108-111 88 108 108, 111 108 195 74,78 120 54, 107 108 108 108, 111 112 108 108 109 109 112 112 112 107 108 108 IXKKX. 591 Charity Commissioners (continued) — to be luformed of cbauge of trustees of charities memorandum of, as to eft'ect of Act of 1894 on charities .... to be consulted by Local Government Board as to charity orders .... approval necessary to order of county council as to charities in divided parishes order requiring approval of, not to be submitted to Local Government Board . may determine disputes as to charities appeal to High Court from their decision . to apportion endowment of charity held partly fo ecclesiastical purposes Charity Trustees — transfer of powers to parish councils appointment of, in small parishes . nomination of, by ward councillors appointment of, in grouped parishes application of powers as to, to London, municipal boroughs and urban districts . Cheques of parish council, signatures to Children, employment in agricultural gangs Christmas Day, piovisious as to Churches, affixing notices on . Church Affairs — definition of .... property, &c., connected with, exempted . custody of documents relating to . Churchwardens — not to be overseers unless elected . transfer of property and powers from certificate of, re maintenance of closed churchyards transfer of property held by, as trustees . Churchwardens and Overseers — vesting oi'der dealing with legal estate under Poor Relief Act, 1819 .... rights, &c., where they have active powers of mau- affemeut . . . . . 110 ]\2 1.51 157 167 220 220 227 107 120 150 166 151 247 255 222 11»4. 227 , 7S, 120 117 74, 7S 74, 78 79 1U7. 110 ]!I5 105 592 INDEX. to of Churchwardens and Overseers (continued) — construction of references to, in Acts Churchyards, maintaining closed , . . . See also Burial grounds. Circulars of the Local Government Board (see pp. vii, 572). Civil servants, abolition of office, compensation Claim to be on list of electors .... Clergyman, when may be guardian in a borough Clerk — of county council and town clerk, duty as printing list of electors of district council to assist parish council . of the guardians, duty as to first meetings parish councils of parish council .... appointment of, termination of office of deposit of documents with when vestry clerk to be appearance for parish council in legal pro ceedings .... services of notices on, for parish council Closed churchyards, maintenance of Closing pleasure grounds Collector of poor rates, appointment as clerk of parish council ..... Combination of parish councils for executing works Coming into Office — persons elected at first elections at ordinary elections of parish councillors . Committee — appointment of parochial committee appointment of, in small parishes . appointment by parish or district councils 45, 200-202, 558, 559, 565, 566 procedure and tenure of office . . . 200-202 minutes of . . . . . . 247 quorum, proceedings, place of meeting . 200, 247, 248 of guardians, union assessment, and school attend- ance ...... 550, 554 196 79 235 170 127 170 117 229 116, 233 116, 117 117 233 247 247 79 89 116 238 69 113 120 197 202 186 136 136-137 533, 537 101, 102 95 INDKX. 593 FAOB Committee (continued) — of county council, powers delegated to . . 239 execution of Adoptive Acts by apj'ointed to manage recreation grounds and pro perty held for part of a parish Common — district council may aid in maintaining urban powers as to, for rural councils power of rural councils to take legal proceedings L. G. B. memorandum as to Common fund of union — powers of obtaining contribution Common pasture Commons Act, 1876 — applications to Board of Agriculture . 87, 88, 136 notice of application to be sent to parish councils 88 to district councils . . . .136 Compensation — in compulsory purchase of land ... 92 hiring laud for allotments . . . . 97 for improvements at ex^nration of tenancy . 98 to parish council and allotment holders on resump- tion of land by landlord ... 99 under Agricultural Holdings Act 257-264, 270-271 under Allotments Acts . . . 275, 278 under Lands Clauses Acts . . . 499 to existing officers .... 160, 234-237 Complaint — default of district council . 10, 114, 115, 121, 215, 435 as to sewerage and water-supply as to highways, &c. as to allotments Compounding for rates in urban districts Compulsory acquisition of land hiring of land Confirmation of orders when unnecessary Consent — of parish meeting, when necessary for 114, 115. 215 114,115, 136, 215 93, 215, 284 155 91-96 96- -100 167 g I'ouping . 3S 66 594 INDEX. PAGE Consent {continued) — of county council in maintaining rights of common ..... 136 of parish meeting to acts affecting parts of parish 165 of i^arish meeting to particular acts of gi-oup council ..... 166 of owners and occupiers under certain Acts . 195 Construction of Statutes (see also Definitions) — references to churchwardens and overseers . 74 where powers transfeiTed to parish council or meeting ..... 196 Local Government Act, 1894 . . . 222 references to urban sanitary authority . . 240 Continuance in force of existing orders, bye-laws, &c. . 241 in office, overseers ..... 231 Contract — disqualification through interest in . . 183, 185 pending on transfer of powers, saving for . 241 Contribution — to expenses of recreation gi'ounds, &c. . . 87, 88 towards repair of highways . . . 134 Contributory place, expenses chargeable on . . 145 Convening parish meeting {see also "Meetings") . 181 first meetings 229-231 meetings of parish council ' . . . 246 Conveyance of land for allotments ... 94 Copies of accounts and documents . . . 203 See also Inspection, &c. Copyhold lands, compulsory hiring of . . . 502 Costs, when may be disallowed {see Expenses). . 218 Councillor — using influence with council for his private inte- rest ...... 185 resignation of, when complete . . . 187 Counsel not to be heard in certain arbitrations . 93 County — definition of 223, 227 alteration of boundaries .... 157 affecting two or more counties . . 158 INDEX. 595 PAOK County (continued) — alteration of boundaries — uot to be made by county councils . . 219 rural district to be in one county , . . 132, 157 parish to be in one county . . . . 157 group of parishes to be in one county . , 166 County Borouohs — to have additional powers . . . .137 included in expression " county " . . . 227 provisions as to guardians to apply to . . 148 as to transferred duties of justices . . 150 application to, of provisions as to charities . 150 sections which apply to, set out . . . 156 alteration of boundaries : inquiries and notices . 455 County Council — remarks on duties of (in Introduction) . . 1 miscellaneovis j^rovisions as to powers of . . 14 expenses of ..... 14 power to create parish councils and group pai'ishes 66 settle name of parish .... 70 acquire land for allotments . . .91, 95 inquiries as to compulsory acquisition of land . 91, 92 expenses of inquiry .... 94 powers of, in aiding hiringof land by parish councils 96 power of applying Lands Clauses Acts . 98 consent necessary to loans by parish councils 101, 103, 104 may lend money to parish councils . 104, 105, 518 powei's of, on receiving complaint of district council's default . . . .114 to make regulations as to security given by treasurer of parish council . . . 117 to determine disputes as to custody or access to parish documents, and to inquire into manner in which they are kept . . 117 division of pax'ish into wards . . . 119 may confer powers of parish council on parish meetings in small parishes . . 121 may order board of guardians to retire together, or by thirds triennially . . . 126 596 INDEX. FAGB County Council {continued) — when order of joint committee is necessary . 126 may order urban district council to retire together triennially ..... 130 power to settle name of rural district council . 132 power to postpone transfer of highway powers to district council .... 133 contributions towards costs of highways . . 134 may ask Local G-overnment Board to confer urban powers on rural councils . . . 134 consent of, to district council maintaining rights of common ..... 136 and exercising powers of Commons Act, 1876 (8) . . . . 136 powers transferred on default of rui-al council in maintaining commons and highways . . 136 powers as to roadside wastes . . . 136, 137 duties generally as to areas and boundaries . 156-168 to cause inquiry into circumstances of divided parishes and districts .... 156 power to apply Act to divisions of parishes . 156 power where parish and rural district are co- terminous . . . . . 157 power to alter poor law union . . -3, 157 county boundai'y . . . . 3, 157 parishes and parish boundaries . . 157 petition against order .... 158 confirmation of boundary order by Local Govern- ment Board . . . . -4, 158 order to be deemed an order under Section 57 of Local Government Act, 1888 . . 158 joint committees to act for altering certain areas . 158 to consider reports of Boundary Commissioners . 159 period within which boundary orders must be made 159 may order consent of parish meeting to acts affect- ing parts of parishes .... 165 application of parish meeting for order grouping parishes, dissolving group, or for parish council ..... 166 167 187 INDEX. 597 FAOK County Council {continued) — provisions of grouping order . . . 166 setting up parish council where population has increased . . . .167 dissolution of parish council where population is below 200 ..... 167 power to adjust property I'ights, &c., in these cases ...... certain orders of, not to require confirmation . 167 power to remove disqualification for being elected ..... 183 power to order new election of parish council . 186 giving authority to act for parish council or chair- man ...... to fix day of polling under rules of Local Govern- ment Board ..... 187 power to order new election : councillors, guar- dians, vestrymen, London auditors . . 189 to frame scale of election expenses . . 189 alteration of boundaries of areas under Adoptive Acts 198 creating new ui'ban district . . . • 199 extending area of urban district . . . 199 change of name of parishes divided or united . 199 powers to appoint persons whei'e district council is unable to act .... 212 power to fix or alter number of guardians or dis- trict councillors .... 212 power to add parishes to each other, and divide parishes into wards .... 212 power to regulate retirement of guardians aud rural district councillors . . 212 acquiring powers on default of district council . 215 vesting debts and liabilities in district council . 215 may employ district council as agents . . 216 power to alter areas, but not county boundaries . 219 copies of orders to be sent to Local Goveniment Board and Board of Agi-iculture . . 221 local inquiries by : expenses . . 221 598 INDEX. 237 238 233, 238 County Council (contimied) — includes a county borough council . . 227 power to fix representation of parishes divided by the Act 230 power to remove difiiculties as to defective elec- tions, &c 231, 232 power to modify Act in order to bring it into operation ..... 232 determining what expenses of repairing highway are properly a charge on a parish . . 237 appeal to, against decision of district council as to repairing highway .... 237 may order j^arish to continue to repair its high ways ..... duty to bring Act into operation . may delegate powei's to a committee may direct how lists of voters are to be framed — first elections 238-239 may direct adjustment of registers of electors . 239 postponing transfer of highways to district council 239 power to alter wards and number of members fixed for urban districts under local Acts . 242 to fix polling stations . . . 464 County district, definition of . . . . 128 County rate, appeals as to . . . . 79 Criminals, disqualification for election . . . 182 Current debts of transferred authorities . . 241 Current rates before appointed day . . . 240 Custody of parish documents .... 117 Damage to schoolrooms used for meetings . . 7S Dancing and music in bath houses . . . 302 Dealers in game, licensing . . . .139, 141 Debts and Liabilities — under adoi:)tive Acts .... 198 transfer and adjustment . . . . 219 saving for existing ..... 241 discharge of, before appointed day . . 241 Declaration of acceptance of office (see Acceptance, &c.). INDEX. 599 Decrease of population, provision for Default of district council, complaint . . 10, as to allotments . . .93, as to sewerage and water-supply and repairing highways . as to maintaining rights of way powers of county council where districts in more than one county poAver of }>arish meeting to complain of local authority, complaint Defective elections, power to remedy . Definitions (see also under " "Words ") expressions used in — Agricultural Gangs Act Agricultural Holdings Act Allotments Acts Baths and Washhouses Acts Burial Acts .... 318 Fairs Acts Infant Life Protection Act Knackers' Act Lighting and Watching Act Local Government Act, 1888 Local Government Act, 1894 Petroleum Acts . . 398-399, 401, Public Libraries Act . . . 442, Delegation — powers to parish councils . by county council to committees Demand note, contents, expenses of parish meetings and councils Deposit of documents with the clerk or chairman of parish council Difficulties as to first elections and meetings Disallowances in accounts Disputes — as to transfer of poAvers, how settled as to constitution and procedure of joint committee PAGE 167 23 114, 121 215, 284 114 136 215 215 121 435 231 222-229 255 271 283 287, 296 345, 348 353, 354 356 370 395 222 222 406, 413 445,449 113 233, 238 101, 516 117 231 208 219 159 600 INDEX. Disqualification — for being- elected .... 149, removal of disqualifications of parish councillors . for voting at municipal and parliamentary elections penalty for acting when disqualified Dissolution of parish council, notice of parish meeting Distances, how measured .... District Boards in London — election of chairman chairman to be justice of the peace conferring parish powers upon sections of the Act applying to London District auditors, accounts to be audited by District council, see also " Urban district council " and "Rural district council." District Councils (urban and rural) — general provisions as to . conferring parish powers . expenses of .... definition of ... . powers of, as to sanitary works and works of water supply not affected ... to protect public rights of way to prevent encroachment on roadside wastes aid in maintaining rights of commons urban powers in regard to commons power to take legal proceedings in regard to high ways and commons transfer of powers of justices to receive fees for various licences power to charge expenses on contributory place power to change name appointment of committees of joint committees accounts and audit inspecting documents and accounts rules for meetings .... 25, election of chairman and vice-chairman . 182-186 6,183 180 183 243 70 148, 149 128 151 156 202 16,24 27 28 128 88, 90 136 136 136 136 136-137 138 139 145 27, 199 27, 200 27, 201 202 203 211, 437 129, 211 INDEX. 601 District Councils (continued) — power of county council to order new elections of district councils not to meet at inns .... transfer of powers (in default) to county counci employment of, as county council agents . paying expenses of local inquiries . first election of . compensation, «S;c., of existing officers repairiiig parish highways before taking them over ..... District Councillors — regulation of retirement retirement of those first elected Ditches, power to deal witli Diverting high^vays .... Divided Parishes and Areas — application of Divided Parishes Acts parish in more than one district or county consent of Education Department where school district affected divided parish, parts to continue in same poor law union ..... framing lists of voters for . adjusting registers of parochial electors . division into wards .... existing divisions to continue names of divided i)arishes . one guardian and one district councillor for each new parish .... effect of division on areas under adoptive Acts on existing officers . Dividends (see Stock) .... Documents (see also Inspection, &c.) — deposited with parish clerk . . 46 access to . county council to iuijuire as to mode of keeping . custody of, in divided parishes in grouped parishes .... 212 214 215 216 221 230-231 234 237 212 230 87 106 67,157 67, 157 67 158 239 239 119, 238 242 199 230 197 234 396 97, 117 97,117 117 157 166 602 INDEX. PAGE Doles, names of i-ecipients to be published . . 108 Drainage, notice to parish council of intended works . 115, 116 Drains, jjower to deal with . ... 87 complaint of default in providing sewers . 114, 115,435 Easement : acquisition of, rights of way . . 88, 93 Ecclesiastical chai-ities, not to be transferred . • 107 documents relating to . . . .117 definition of . . . • . 226 Education Acts, 1870 and 1876, resolutions under . 195 Education Department — sanction to division of school district . . 67 to determine questions as to use of schoolrooms . 73, 539 formation and dissolution of school boards . 196 Elections . . . . 5, 16, 18, 24, 41, 60, 64 first under the Act : dates .... 238 results ..... 1 parish councillors . . . .69, 187, 229 chairman's duty as to voting ... 68 guardians and district councilloi-s . . 24, 125, 229 London vestrymen and auditors . . 63, 148, 231 Woolwich Local Board . . .63, 148, 231 representatives in grouped parishes . . 166 hours of polling in London . . . 148, 149 l^oll to be taken by ballot .... 188 rules for elections . . . . .189 to be framed by Local Government Board . 187 provisions to be made in them as to nomina tion of candidates dates and hours of polling ap)pointment of returning officers, &c. &c. incorporation of Ballot Act . Municipal Corporations Act, 1882 Municipal Elections (Corrupt and Illegal Practices) Act electors to have only one vote . . 68 when married women may vote putting questions to candidates when persons elected come into office 187 187, 188 188 188 188 188 125, 130 168 244 69, 238 INDEX. 603 Elections {continued) — corrupt practices at .... 188 new elections — power of county council to order 186, 189, 212, 232 expenses of elections ; scale of . . 188, 189, 458 electoral qualifications and disqualifications , 1G8-186 register of electors . . . . .169 qualifications of women . . . 168 use of ballot-boxes, fittings, &c. . . . 189 of highway boards, where transfer postponed . 239 petition to determine .... 244 Elementary Schools — definition of .... . 228 use of schoolrooms for meetings . 72, 280, 286, 539 trusteeship not to be affected . . . 216 Emigrant runners, licences .... 139, 143 Employment of children in agricultural gangs . . 255 Entry, power of — for certain works by parish council . . 90 knackers' yards ..... 364, 368 into gas-works, under Lighting, &c.. Act . . 394 into petroleum store .... 403-404 under Lands Clauses Acts . . . 502 Evidence — of appointment of overseer . . . 193 of proceedings of meetings and committees 247,289,379,438 entries in registers of burials . . . 324 bye-laws under Public Health Act . 421 rate-books under Public Health Act . . 426 Execution of instruments by parish councils and meetings .... 70, 120, 121, 248 Existing ofiicers, saving for .... 233 compensation to . . . . . 160, 234 Existing securities, bye-laws, and contracts, saving for 241 Ex Officio Guardians — and members of district councils abolished 125, 130, 131 certain guardians first elected under new Act may be chosen from . . . .126 604 INDEX. 145, 558, 145, 426, 558, 134, place 101 Expenses — whether reasonable form of precept incurred before appointed day of Local Government Board inquiries of county council . in inquiries as to compulsory purchase of land in proceedings under Allotments Acts in exercising transferred j^owers in general inquiries of urban district councils . under Public Health Act of rural district councils for highways . power to charge on contributor}' application of parish fund for general expenses, special expenses of joint committees of parish meetings and councils meetings in schoolrooms maintaining closed churchyards under adoptive Acts . recreation grounds, contribution to improving parish proj^erty dealing with nuisances providing water-supply acquiring rights of way parish meetings works done under delegated powers maintaining own highways parish fund for . subscriptions to associations . of chairman of elections — of guardians, councillors, London vestrymen, &c. . . . . . election expenses generally order prescribing scale . restrictions on expenses of parish councils PASS 69 103 240 221, 435 14 94 286 215, 435 221 564, 565 423 564, 565 145, 237 145, 425 146 426 201 544-545 73 79 84, 198 87 88 87 87 87 68, 121 113 237 146 102 102, 125 188 189 458 101 INDEX. 605 Expenses {conthmed) — adjusting rights and liabilities compensating existing officers under Allotments Acts Baths and Washhoiises Acts Burial Acts 307-308, 326, 330, Infant Life Protection Act . Lighting and Watching Act 371, testing petroleum Public Improvements Act . Public Libraries Acts demand note Expert witnesses, when not to be called Extent of Local Government Act, 1894 218 . 160, 234 94, 280, 282, 286 . 288-290, 300 334-335, 346, 347 358 373, 375, 379, 380 403 440 445 516 93 229 Fairs, abolition of, altering days Fairs Act, 1871 ..... Fairs Act, 1873 ..... Fees (various) payable to district council [under adoptive Acts, see the respective Acts.] Fire-engine, provision of . . . Fire-escape, provision of . . . First assembly of parish meeting and parish council First Elections — results of . . . . • of parish councillors of guardians and district councillors under the Act, date of ; alterations to effect adjustment of registers of electors Footpaths, stopping, diverting, repairing 1U6, 121,136 by disturnpiked roads, maintenance of Fuel allotments Game dealers' licences . Gangmasters, licensing . Gangs, agricultural Gai-dens (recreation), management of . General district rate General orders, see Local Government Board. 139, 144, 353-355 353 354 139 531. 79 79 229 1 229 229 238 239 535 107 538 139, 140 138, 256 255 79 423-425 GOG INDEX. Gifts of property, accepting Good Friday, provision as to . Greens (village), management of Grouping ..... power to group parishes provisions for small parishes pending grouping what a grouj^ing order should provide for grouped parishes to be in same county dissolving gi'oup of parishes election of representatives in grouped parishes adjustment of property on dissolution adding to or separating from group confirmation of grouping order not necessary change of name of group . Guardians — general provisions as to . transfer of powers as to sale, exchange, and letting of parish property power to petition against alterations in union provisions to apply to London and county boroughs . . . .60, provisions not to apply to Oxford guardians Guardians, duties of — as to first meetings of new boards to sign declaration of acceptance of oflBceon election 188, election of chairman and vice-chairman appointment of overseers . not to hold meetings at inns rules of procedui-e at meetings . . 211 rural district council to have use of board-room as to compensating officers . circular of Local Government Board as to remarks on, in Introduction Guardians, election of — not to be elected for rural parishes qualifications and disqualifications as to ex officio and nominated . 125 clerk in holy orders, in boroughs 88. 439 • 222 79 7,39 120 165 166 7,166 166 166 167 167 199 64 79 158 148, 156 213 231 493, 552 126, 211 193 214 ,437-438 211 234 547, 551 64 131 125, 182 126, 127 127 I INDEX. 607 Guardians (cant hived) — rules for election in districts and wards under local Acts in divided parishes . expenses procedure when board reduced to five first elections under new Act provisions applicable to, when elected county council may fix number of guardians adding parishes for election of guardians . Gruardians, retirement of — regulated by county council triennial ..... effect of six months' absence froxu meetings resignation of ... . of guardians first elected . of existing guardians G-ymnasiums, use of swimming baths for 125 125, 212 213 230 188, 189 133 229 188 212 212 213 126 183 188 230 230 299 Harbour Commissioners' powers, saving for . High Court of Justice — questions of transfer of powers special case for decision of will not answer questions, except on facts appeals from Charity Commissioners as to compensation — under Agricultural Holdings Act Highway Commissioners, powers transferred to district councils ..... Highways — powers of county councils . transfer of powers to district council power of county council and Local Government Board to postpone transfer . appointment of committee for any purposes of power of charging expenses on contributory places stopping, diverting, repairing 216, 560 219 220 220 220 263 135 9 133 133, 239 200 145 106, 121 608 INDEX. Highways {continued) — default in repairing or maintaining repair of, prior to transfer . contribution from county council . failure of person liable to repair ratione tenures in parish partly in urban disti-ict , materials for repairing encroachments and obstructions, district council to prevent power of district councils to take legal proceedings continuance in office of highway boards election of highway boards where transferpostponed expenses, how defrayed pai-ish to benefit by its special fund provision as to expenses of, Avhere charged on r particular parish appeal from district council to county council existing surveyor of powers of urban authorities repair of turnpike roads rate, power to make Hiring land for allotments . . 12, 52, 96, 99, Home Office memorandum as to Burial Acts . Horse- slaughtering (see Knackers) Hours of meeting of London vestries . of polling ...... of annual meeting of parish council Housing of Working Classes Act, 1890, representations under ...... Husband and wife, same property not to qualify as electors ...... PAGE 114, 136 238 134, 135 1.34 134 195 136, 138 136 231 239 145 146 237 237 233 417 418 135, 425 492, 495 520 148 187-188 70 79, 83 168 Improvement Commissioners who are also Harbour Commissioners . . . . . Inclosure Acts, 1845 to 1892 .... Income tax, public libraries exempt from Incorporated Acts — Companies Clauses Act, 1845 216 109 443 291 IXDKX. G09 Incorporated Acts (continned) — Lands Clauses Act, 1845 90, 92. 274, 275, 281, 296, 310, 419, 443 Cemeteries Clauses Act, 1847 Commissioners Clauses Act, 1847 Public Health Act {see under title of). Eaihvays Clauses Act, 1845 Increase of population, provision for . Infant Life Protection Act, execution of Infant Life Protection Act, 1872, text of . definitions ..... registration of liouses receiving infants to nurse register to be kept by local authority bye-laws must be made character and ability of keeper of house . register of infants to be kept at house production of register to local authority . local authority to supply forms forgei'y of cex-tificate : falsifying register . neglect of infants : penalty inquest on death of iufant prosecution and punishment for offences . expenses ..... application of penalties certain institutions not to be registered local authority and rate form of register of infants Infants, disqualification of . . . Inns, meetings not to be at . Inquiries, use of schoolrooms for by county council as to acquisition of lands powers of person holding inquiry . on complaint of default as to custody of parish documents expenses of county council and Local Government Board ...... Inquiries and notices — order of Local Government Board by county council ..... 39 315, 347 342 92 167 139 356 356 356 357 357 357 357 357 357 357 357 357 358 358 358 358 359 361 180, 182 214 72 91, 92 92-93, 221 114, 136, 435 117 221 455 157 GIO INDEX. PAGE Inspection — of books, &c., and talcing copies 253, 289,' 291, 307, 325 362, 373, 375, 425 of accounts and documents . . . 203 of arbitratoi-'s award, hiring land ... 97 Inspectors of Local Government Board, powers of . 221 Instruments, execution of . . 70, 120, 121, 248 Ireland, Act not to extend to . . . . 229 Joint Committees op County Councils — powers as to guardians of union in more than one county ...... 126 power to alter areas in more than one county . 158 disputes as to constitution and procedure of . 159 committee of one county may act in default of appointment of committee by the other county 159 to consider reports of Boundary Commissioners . 159 power to fix or alter number of guardians or dis- trict councillors, and of regulating their re- tirement ..... 212 powers on complaint of default by district council 215 dealing with matters arising out of alteration of areas 219 copies of reports to be sent to Local Government Board and Board of Agriculture . . 221 Joint Committees of parish and district councils- — for places under adoptive Acts . . . 197 general provisions as to . . . 27, 45, 201 not to have rating or borrowing powers . . 201 expenses of . . . . . . 201 utility of . . . . . .202 Justice of the Peace — chairman of district councils and London vestries and district boards to be . .128, 129, 148 oaths to be taken by . . . .129, 130 Justices — transfer of powers to district councils . . 138, 150 in county boroughs . . . .150 consent not required to purchase and sale of certain lands . . . . .195 INDEX. 611 Knackers Act, 1786 (repealed a3 to London) licences to slaiigbter horses, book of, to be kept searches and'cojties may be made . notice to be aflBxed to slaughterhouse notice of slaughtering to be given to inspector slaughterers to keep account of horses account to be open to inspectors . periodical production . inspectors : appointment . their duty, book to be kept right to inspect book . notice on inspector's house power to prevent slaughtering right to enter slaughterhouses periodical production of books right to detain persons bi'inging cattle power to commit suspected persons penalty for slaughtering horses, &c., without licence .... hides not to be destroyed . false entries in slaughterer's books houses not to be lent for slaughtering curriei's, tanners, and others may kill distempered horses ..... penalty on curriers, &c., for killing sound horses Knackers Act, 1844 (repealed as to London) licences to be annual, may be cancelled ill-treatiug horse, jjeualty . constables may enter licensed slaughter-places obstructing inspectors, penalty neglect of duty by inspectors, penalty offences, proceedings and penalties prosecution to be within three months aftt offence appeal to quarter sessions definitions . Knackers' yards, licensing • PAGE 361 362 362 362 362 363 363 363 363 363 363 363 364 364 366 364 365 365 366 366 366 367 367 367 368 368 368 369 369 369 369 369 370 139, 145 612 INDEX. PAGE 99 Labouring classes, hiring allotments for Land — hiring and acquiring: powers of county council may be held by i)arish council holding of, in small parishes power of rural district council to hold accepting gifts of . acquisition by parish council by agreement otherwise than by agreement L. Gr. B. orders hiring for allotments L. G. B. orders borrowing money for purchase of reduction of rates on held for part of parish, management by committee for allotments, not obtainable by agreement duty of authority to hire or purchase . purchasing under provisional order parks, gardens, &c. &c., not to be taken sale of superfluous .... appropriation of . sale and exchange of for burial ground . letting land not wanted for burials . sale of, by town council acting as burial board . .... use of consecrated, for secular purposes building on disused burial ground taking burial ground for public improvements for pleasure-grounds .... regulations as to purchase of . , . of Duchy of Lancaster .... for public improvements .... Lands Clauses Acts — incorporated 90, 92, 274, 275, 281, 296, 310, 419, 443 order prescribing adaptations of . . . 495 hiring otherwise thaii by agreement . . 498 compensation ..... 499 12 70 120 132 88, 439 87 90 91, 94 508, 513 96 492, 495 103 147 200 274, 284 274, 276 274 275 281, 310 291-292, 310, 328 79, 88, 293 309, 325, 327, 331 . 334, 343 327 334 334 343 418, 439 419 420 439 r INDEX. 013 Lands Clauses Acts (continued) — leases of lauds .... .501 entry by parish council . . . 502 copyhold lands .... 502 lands subject to mortgage . . . 503 to contracts of tenancy . . . 504 limit of time for compulsory hiring . . 505 lauds not required for the undertaking . 505 certain excei)ted lauds . . . 507 Leases under Lands Clauses Acts . . . 501 Legal Proceedings — effect of change of name .... 200 begun before appointed day . . . 240 pending, saving for . . . . . 241 parish council may appear by clerk . . 247 Letting — of parish property ..... 79 parish lands and buildings ... 88 land for allotments (see also " Allotments ") . 98 quantity of hired laud to be let to individuals . 98 compensation at end of allotment term . . 98 resumption of, by owner .... 98 Library (see Public Libraries) .... 475 Licences — powers of district councils as to gaugmasters . 138, 256 pawnbrokers' certificates . . . . 138, 139 dealers in game ..... 138, 140 passage bi-okers and emigrant runners . 139, 141, 143 knackers' yards . . . 139, 145, 362, 365, 368 petroleum ...... 401, 402 Licensed promises, meetings not to be at . . 214 Lighting and Watching Act, 1833 . . . 370 adoption of . . . . . 84, 370 proof of adoption of, in proceedings for non- payment of rate . . . .371 no appeal against distress Avarraut for non-pay- ment of rate . . . . .371 power of urban authority under Public Health Act . . ". . . .418 614 INDEX. Lighting and Watching Act (continued) — applicatiou of Act .... chaii'iuan ..... question as to right to vote, eligibility, &c. l^rocedure at meeting, adjournmeut majority present, not majority voting election of inspectors amount of money to be raised annually poll as to adoption of Act . notice of j^oll .... abandonment of Act after adoption majority requii-ed for adopting expenses of meeting and poll ratepayers may inspect votes qualification to vote notice of adoj^tion, how given applicatiou of funds after Act abandoned . adoption refused ; j^roposal renewable in a year inspectors, mode of electing annual meetings to receive accounts accounts to be open to inspection . vacancies in number of inspectors . meetings of inspectors ; quorum . api^ointment of officers, provision of office . two offices not to be held by same person . security to be given by treasurer . treasurer and officers to account ; proceedings on failure to account commitment of offender not to discharge sure ties ..... penalty on officer taking fee or reward beyond salary ..... how inspectors may sue and be sued actions not to abate minutes of proceedings to be kept, book to be evi dence ..... accoimt books, inspection and taking copies overseers to levy rate rating of houses and land, of small tenements 370 371 371, 376 371 371 371 371 371 372 372, 374 373 373, 375 373 373 373 374 374 374 375 375 376 376 376 376 376 377 378 378 378 379 379 379 380 380 INDEX. Lighting and Watching Act {continued) — limit of amouut to be raised not necessary to pi-ove adoption of Act in lega proceedings .... rating gas mains, coal mines, dry dock, wet dock railway, canal, towing path . overseers to collect balance due from their prede cessors .... to pay amount to treasurer treasurer's receipt to be a discharge . overseers, meaning of the term extended . distraint u[)on, for non-payment watchmen, appointment and remuneration of providing clothing, arms, &c. . . to give up clothing on removal duty to prevent five, robberies, &c. power to apprehend offenders . assault on, penalty to be sworn in as constables . fees received by, to be paid to inspectors fire-engines, houses and officers may be provided but not in the metropolis provision of lamp-posts and gas-pipes power to light with gas or oil fixing gas lamps against private houses . providing watch-houses . laying gas-pipes on private premises power of owner to alter gas-pipes . pi-eventing escape of gas laying pipes under roads for gas washings but not so as to affect wells, sewers, &c. gas washings not to go into river, waterway, or drain or to pollute water or create nuisance gas-pipes, how laid, four feet from water-pipes when crossing water-pipes contamination of water by gas, penalty . water company may dig down to gas mains to search for cause . expenses of searching . CIS PAGE 380 380 380 381 381 381 381 381 382 382 382 383 383 383 383 383 383 383 384 384 384 384 384 384 385 385 385 386 386 387 387 387 388 389 616 INDEX. Lighting and Watching Act (continued) — liability for nuisance from gas wilful injury to lamps, watch-bouses, &c. . wilfully extinguishing lamps, penalty accidental injury to lamps, &c. power to contract for works and fittings . notice necessary if contract above <£20 inspectors may sue for breach of contract . or compound with contractor . power to purchase or rent buildings ' . property in lamps, &c. union of adjoining parishes penalties, recovery and application, inspectors not to be personally liable appeal to quarter sessions . against lighting, &c., rate plea of tender .... proceedings not to be quashed for informality power to adopt parts only of Act . limiting power of Act power to adopt in part of a parish . power of entry into gas- works by sewer authority Universities of Oxford and Cambridge definitions ..... Limitation of Time — for petitions against county council orders for county council to deal with areas and boun daries . . . • • for framing scales of election expenses Lists of electors, how made out Literary and Scientific Institutions Act, 1854, exercise of powers under .... Loans (see " Borrowing money ") by county councils to parish councils, order as to Local Acts — election of guardians under definition of local and personal Act things done under, wards and members fixed by, to be valid until altered 389 389 389 . 390 390 390 391 391 391 391 392 392 392 393 393 393 394 394 394 394 394 395 395 168 159 189 169, 239 195 101, 103 518 213 228 242 INDKX. 017 PAGE Local authorities, orders dealing with . . . Ifj4 Local authority, whether burial board is . . 1<34 Local Government Act, 1888 — Section 54 . . • • 1-5". 161 Section 57 . . . • 15G, 158, 162. 168, 232 Section 58 . . . • • .158 Section 59 . . . • • . 1G4, 219 Section 120 160,234,235 Local Government Board — to frame rules for electing parish councillors . 69 to determine questions as to use of schoolrooms . 73 consent of, to sale, exchange, and letting of parish property ..... 79, 88 burial boards, memorandum as to . . 86 powers of, in compulsoi-y purchase of land . 91 memorial to, against compulsory purchase of land 91 power to apply provisions of Lands Clauses Acts in acquiring or hiring lands for allotment . 92 allotments, luemorandum as to acquiring land 95 report to Parliament as to lands acquired and hired 99 requirements before sanctioning loan . . 105 to frame rules for election of guardians . . 125 for election of urban district councillors . 130 power as to postponing transfer of highway powers 133 may, by general order, confer urban powers on rural councils . . . . .134 declaring expenses special . . . • 145 may grant powers of parish council to urban councils . . • • .150 may order charity trustees to be nominated by ward councillors .... 150 poAver to grant parish powers to London vestries, &c. 151 practice in granting urban powers . • 151 to consult Charity Commissioners as to charity orders . . . • • 151 gi-anting vestry powers as to compounding for rates ...••• 155 power to alter county boundary . . . 157 pow'er to alter poor law union . . . 158 618 INDEX. PAGE Local Government Board (continued) — coiifirmatiou of county council ordei* altering pavisbes and imrish boundaries . . 158 to settle disputes as to constitution and procedure of joint committees .... 159 power to make boundary and area orders if not made within two years by county councils . 159 report on their powers under Section 57 Local Government Act, 1888 . . . 160 power to provide for compensating existing officers 160 confirmation of orders of County Council, when not necessary ..... 167 to make rules for elections .... 187 framing scales of expenses for first elections . 189 notice of change of name, pai'ish, or district . 199 to prescribe form of accounts . . . 202 rules as to audits .... 203 may determine what is reasonable time for using guardians' board-room . . 211 powers of, as to i>roceedings of guardians, not affected . . . . .212 confirmation of orders of joint committees fixing or altering number of guardians and district councillors, and of regulating their retire- ment ..... 213 election of guardians under local Acts . . 213 notice of transfer of powers to county council . 215 questions as to constitution of joint committees . 215 may settle terms of adjustment by payment of terminable annuities .... 218 power to declare adj ustment expenses to be special 218 application of capital sums paid in adjustments . 218 to receive copies of certain orders . . . 221 expenses of, in local inquiries . . . 221 power as to provisional order for Scilly Islands . 222 regulations for bringing Act into operation . 232 circulars of (see list, p. vii). memoranda of (see list, p. viii). orders of (see list, pp. vi and 572). INDEX. Gl'J PAGE 396 396 232 233 233 396 396 396 Local Government (Stock Transfer) Act, 189o alteration of name of local authority Local Government (Elections) Act, 1896, text of power of county council to delegate to committees Local Government Act, 1897 amending qualification of parish councillors parish meeting, date of annual assembly . Local Government Boundaries Act, 1887 — reports made under Local Government register of electors . Local inquiries (see " Inqiiiries "). Lodger franchise .... London, Application of the Act to 148, 151, 156, 184, 231, 232 remarks on, in Introduction ... 60 granting parish powei's to vestries and district boards ..... 150 vestries and auditors, elections . 62, 63, 230 159 68, 168, 176 . 174, 175 Mandamus not applicable to decide what person elected Marriage — not to disqualify women from holding certain offices or being electors . 69, 125, Materials in repairing highways, sale of land used for . . . Meetings (see also " Parish meetings ") — of district councils first, how convened rules for proceedings . appointment of chairman and vice-chairman casting vote of . annual meetings, when to be held use of guardians' board-room . not to be held at inns . absence from, for six mouths . of parish councils — how convened . . • • rules for proceedings . 244 130, 16S 195 25 231 211, 437 211, 437 437 437 211 214 183 229, 246 70, 245 620 INDEX. "Meetings (continued) — appointment of chairman and vice-chairman casting vote of . four meetings at least annually annual . to be open to the public notice of may be held in schoolrooms not to be held at inns . quorum Member of a council or board, disqualification for being elected .... Members of urban authority fixed by local Act, to con tinue until altered .... Memorial — to Local Government Board against order as to compulsory purchase of land . Merchant Shipping Act, 1894 — provisions as to passage brokers . emigrant runners .... Metropolis, application of Act to (see "London "). Meti'opolis Management Acts — amending, as to elections of vestrymen, &c. Mines, minerals, not to be hired, sold, or carried away county authority not to make provisional order as to Minutes of parish councils and meetings of meetings of district councils and boards of guardians Mortmain, holding land without licence . 70, Mortuary, power to provide Municipal Corporations Act, 1882, incorpoi'ated acceptance of office declaration on, form of resignation . re-eligibility casual vacancies time for filling law officers' opinion adaptation of Sec. 75 245, 246 246 247 69, 247 247 246 72 214 246 182 242 91, 92 141 143 148 98 276 245, 247 438 120, 132 86, 321 188, 190 190 191 187, 191 192 192 192 192 488 INDKX. G2I PAGE Municipal coiuicillors, (lualificatiou . . .177, 180 Municipal Elections (Currui.t ami Illegal Practices) Act incorporated . . . , .188 Music and dancing, licences for, in baths . , 302 Name— of parisb, how determined .... 70,199 of rural district, power to settle . . . 132, 199 effect of change in district or parish . 200 of urban sanitary authority, change of, not to aifect their identity ..... 240 transfer of stock .... 200, 397 orders altering, to whom sent . . . 221 New borough or urban district — effect of creating, on rural district . . . 198 New elections, power of county council to order 189, 212, 232 New parish to have one guardian and one district councillor ...... 230 New urban districts, conditions of setting up . . 160 Nominations of candidates for election . . 187 Notices — appeal against poor rate, , 12o, lo2 I'esults of failure to notify , . . I'.'S churchwardens not to be . . 74 who are not to be appointed ... 75 appointment of women .... 75 transfer of powers from . . . . 74, 79 transfer of property held by, as trustees for chai-ity lo7, 110 in small parishes, appointment of . . . 120, 121 to form with chairman of pai'ish meeting a corporation for certain acts . . . 120 appointment of, in boroughs and urban districts . 150, 152 to convene first parish meeting . . . 229 continuance of, in office .... 231 remedy against ; non-payment of rural authority's precept . . . . .425 L. G. B. memorandum as to appointment of — by parish councils .... 75 by jxirish meetings . . . .123 by urban district councils . . . 152 L. G. B. orders as to . . . 11 , 121 Overseers and Churchwardens — transfer to parish council of property vested in . 74 construction of references to . . . 196 consent of, not required to certain vesting orders as to legal estate held by them for charities . 195 Owners and ratepayers, certain powers transferred to parish meeting . . . .195 Oxford Corporation, saving for guardians . . 213 chairman of Oxford Local Board . . . 438 Paid officers, preservation of interests . . 151 compensation .... lt!o. 234 Parish — definition of ..... 222 groui>ing pai'ishes ..... tJti, 165 definition of rural parish . . ■ . ^'o 624 INDEX. Parish {continued) — clivicleJ, because in more than one district . Q7 name of, bow determined .... 70, 199 sale, letting, exchange of parish lands . . 79, 88 improvement of parish property ... 88 documents, custody of . . . . 117 division of, into wards . . . .119, 125 councillors, ward elections . . . 119 small parishes — provisions for, pending grouping . . 120 to benefit by fund applicable to highway expenses 146 parish in two counties, how dealt with . . 156, 157 in two sauitary districts, how dealt with . . 156, 157 having less than 200 population . . 156, 166, 167 co-extensive with rural sanitary district . . 156, 157 in more than one urban district . . . 157 altering parish boundary, dividing or uniting parishes, notice necessary . . . 157, 158 divided, both parts to be in same union . . 158 parts with known or defined boundaries, consent of parish meeting to acts affecting . . 165 divided when adoptive Acts are in force . . 197 effect on, of creating new borough or ui'ban district ..... 198 divided or united, change of name . . 199 divided, effect on existing officers . . . 233 continuing to repair its own highways . . 237 expenses of repairing highways chargeable to parish ...... 237 repairing parish highways before taking them over 237 divided : valuation list to continue in force . 240 Parish books, provision of .... 79 custody of . . . . . . 117 Parish chest, provision of .... 79 Parish Councils — ■ circular of Local Government Board as to . 541 remarks on, in Introduction ... 39 their constitution .... 39, QQ, 69 power of county council to create . . . 6Q INDEX. 625 Parish Councils (coniinued) — persons entitled to be councillors . married woman may be a councillor date of yearly cliange of councillors how elected . . . . • annual and other meetings of . 42, 69 chairman, election and tenure of office . 4 may be elected from outside . to be a corporation .... name, how determined may hold land and real and personal property acts of, how signified place of meeting .... 43, 72 expenses of meeting in schoolrooms vesting of property in and transfer to appointment of overseers and assistant overseers to be notified to guardians powers and duties of . . • transfer of powers to . . • power to make representations as to — unhealthy dwellings or obstructive buildings allotments and election of allotment mana- gers as to pi-oviding moi-tuary . transfer of powers of authority under adoptive Act; to be the authority under adoptive Acts . poAvers as to acquisition of land and Iniildings under the Commons Act, 1876 as to recreation grounds and walks . village greens and open spaces . contribution to expenses of recreation grounds, &c provision of water-supply . . . i power to deal with nuisances and acquire right of way ....•■ power to hold projierty and execute works expenses of improvements, water-supply, nuisances, &c. . . . • • combining with other parish councils for various works ...••• 40 69 69 69 41,69 247, 568 , 69, 245 70 70 70, 199 70,88 70, 248 181, 214 73 74 74 74, 193 46,74 79 80 86, 321 54, 84 85 87,96 87 87 87 87 17, 90. 93 87,93 88 88 88 626 INDEX. Parish Councils (continued) — may let certain allotment land without consent . selling or exchanging parish lands and buildings . notice to be sent to, of applications as to commons power of entry on land, &c. power of acquiring land by agreement otherAvise than by agreement . petition to Local Government Board if county council refuse order .... cannot acquire land compulsorily for water-supply or right of way . . . . power of hiring land for allotments payment of rent for land conditions of letting . . . . arbitration, award to be preserved Avith parish books resumption of land by landlord, compensation to parish council .... restrictions on expenditure . consent necessary before borrowing expenses of parish meeting to be paid by . expenses of, how paid power to i-aise money for demand note for rate to show particulars power to borrow money objects for Avhich money may be borrowed may borrow money from county council . L. G. B. order as to loans . borrowing for purposes of adoptive Acts . consent of, before stopping or diverting high ways, &c. .... must give notice of proposed consent to stop high ways ..... power to repair highways and footpaths . transfer of charities and public property to power to appoint trustees of parochial charities beneficiaries of charities scheme for dealing with charity to be sent to accounts of charities to be laid before parish meeting . . . . . 79,88 8,136 90 61, 90-91 51,91 51,91 93 52,96 97 98 97 98 101 101 101 57, 101 58, 101 101 103 103 104 518 104 106 106 50, 106 107 107 108 108 108 INDEX. 62^ Parish Councils (continued) — to settle mode of publishing names of dole reci- pients . . . . . delegated powers of .... appointment of clerk and treasurer not to appoint vestry clerk assistance from clerk of district council orders of county councils as to custody of docu- ments ...... may apply for division of parish into wards may apply to Local Government Board for urban powers . . , . . complaint of default of rural council as to sew- erage or water-supply or as to rights of way 57, 93, 114, highway expenses payable out of a parish fund not to be elected where parish and rural district are co-terminous to receive notice of proposed alterations in parishes after the appointed day may petition Local Government Board as to alter ations in parishes after appointed day application for parish councils in parishes of less than 200 population setting up and dissolving where population in- creased or decreased ... time for appealing against county council orders to fix days and times of parish meeting . chairmain of, to be chairman of parish meeting ho\v meetings are to be convened . disqualidcations and their removal absence from meetings vacates office provision as to election of, vacancies in provision for council being unable to act . county council may authorise person to act for may order new elections of election to be at parish meeting ; rules for elec tion . . • • • public notices, how given . 108 113 116, 117 116, 233 117 117 119 134, 136 137, 215 145 157 158 158 166 167 168 181 181 181. 246 182, 183 183 186-189 186 186 186 187 194 628 INDEX. Parish Councils (continued) — consent of, to vesting order dealing with legal estate — under Poor Belief Act, 1819 . Charitable Trusts Acts, 1853-1891 . substituted for vestry, &c. (construction of refer ences) ..... transfer to, of powers under adoptive Acts provision of, in a rural parish diminished by crea tioii of borough or urban district change of name of parish not to affect rights or obligations appointment of committees joint committees appointment of committee in pai-ts of parishes for management of pi'operty, recreation ground, &c expenses of joint committees accounts and audit .... parochial electors may insjject and copy docu ments ..... not to meet at inns .... complaint to county councils of district council's default . . . . 57, 93, 114. adjustment of debts and liabilities paying expenses of local inquiries . first election, first meeting, and retirement of vestry clerk to be clei-k of . assistant overseers to become officers of . 44, *' appointed day " . establishment and dissolution of, length of notice rules for transaction of business . councillors to sign acceptance of office vacancies in parish council . business at meetings . . . 43, convening meeting . . . .42, duty of chaii'man notice of meeting and of business . quorum .... questions, how decided 195 195 196 197 198 200 45, 200 45, 201 200 201 202 203 214 137, 215 217 221 229 44, 233 233, 234 239 243 245 245 245 245-246 181, 246 246 246 246 246 INDEX. G29 I Parish Councils (continued) — at least four meetiugs a vear signature to cheques may appear by their clerk, &c., in legal proceedings notices on, how served minutes of meetings proof of execution of instruments . may make standing orders to regulate business proceedings of committees of parish or district councils .... obtaining postal and telegraph facilities . proceedings generally Parish Councillors — election of, duty of chairman of parish meeting number in parish council . term of office ' date of going out of office . by whom elected rules for electing not necessarily residents election of, in parish Avards for more than one parish qualitications of women may be acceptance of office . resignation of casual vacancy among first elections and retirements beneficiaries of charities . may bold allotments remarks on, in Introduction Parish Documents — custody of . in grouped parishes oixler as to, not to be confirmed inspecting and copying Parish Meetings — remarks on, in Introduction powers and duties 247 247 247 247 247 248 248 248 414 541 68 69 69 69, 229 69 69 69, 70 119 185 69, 396 69 245 186 186, 245 229 112 186 41 117 166 167 117, 203 30 32,37 630 INDEX. FAOS Parish Meetings {continued) — their coustitution ..... 68 separate meeting for every grouped j)arish . QQ elector to have one vote .... 68 convening meetings, poAver of . . 30,181,221 annual assembly, when to be held ; ordinary meet- ings . . . .30, 68, 181, 242, 396 hour of meeting ..... 68, 181 chairman, choice of . . 31, 37, 68, 120, 181, 245 resignation of . . . . . 186 retirement of . . . . . 221 expenses of . . . . .36, 38, 68, 101 rules for holding .... 34, 68, 242 to be consulted in settling doubtful name of parish 70 place of meeting, schoolroom ... 72 not to meet at inns . . . ' . . 214 expenses of meeting in schoolrooms . . 73 power to adopt the " adoptive Acts " . . 54, 84 substituted for vestry in adoptive Acts . . 84 consent necessary for sale or exchange of parish property ..... 88 consent necessary for certain expenses and loans . 101, 104 power to prevent stopping of highways . . 106 consent of, before opposing or supporting charity scheme ..... 108 parochial charity accounts to be laid before . 108 publication of recipients of doles . . . 108 orders of county council as to custody of docu- ments ...... 117 separate election of parish councillors for each parish Avard ..... 119 in small parishes having no sej^ai-ate councils . 120 appointment of chairman .... 120 must assemble twice a year . . . 120 may appoint a committee .... 120 transfer of powers to ... . 120 appointment of overseers, &c. . . 120-123, 193 L. G. B. order .... 121 L. G. B. memorandum . . 123 INDEX. 631 Parish Meetings (continued) — appoiutmeut of trustees of charities chairman and overseers to be a corporation power to hold lands vesting of property in . powers as to highways, &c. power to complain of default of district council expenses of . how to obtain powers of a parish council . how acts of meeting are to be signified execution of instruments . consent of, to acts affecting parts with defined boundaries .... or having distinct rights . may apply for order grouping parishes or dissolv ing group . . • • may apply for order for parish council in parishes of less than 200 consent of parish meeting to particular acts of group council .... in grouped parishes may petition for parish council where population increased .... dissolution of parish council Avhere population below 200 .... confirmation not necessary of order requiring consent of, for certain acts of parish coun cil vacancies at election of parish council resignation of chairman of parish meeting, he i re-eligible councillors to be elected at rules of Local Government Board for election for parts or wards of parishes public notice of . exercise of powers by owners and ratepayers under Acts relating to relief of poor School Sites Acts . . . • Literary and Scientific Institutions Act, 1S54 120 120 120 120 121 121 121 121 121 121, 248 165 165 166 166 166 166 167 167 167 186 186 187 187 120, 193 194, 195 195 195 632 INDEX. Parish Meetings (continued) — resolution for forming and dissolving school boards ...... construction of statutory references to vestry, &c. . transfer of powers under adoptive Acts . may require parish council to appoint committees for managing certain parish property right to inspect and copy documents under control of . not to assemble at inns transfer and adjustment of property debts and liabilities .... paying expenses of local inquiries . how convened .... 181 rules for i^roceedings notice of intended business adjournment of meeting statements at meetings, whether privileged may discuss affairs and pass resolutions . how questions are to be decided . effect of chairman's decision on business . poll may be demanded absence of chairman minutes of meetings evidence of instruments and proceedings . regulation of business where there is no parish council ..... obtaining increased postal, &c., facilities . Parish Powers — grant of, to urban districts . grant of, to London districts Parish Property — holding, &c., of . sale, exchange, letting of . powers of dealing with, under certain Acts Parliament, report to, of lauds hired and acquired Parliamentai'y register of electors — persons registered to be parochial electors . FAas 195 196 197 200 203 214 217 221 229, 243 242 243 243 244 243 243 243 125, 243 245 247 247 248 414 150, 151 151 79 79,88 195 99 68, 169 INDEX. 633 125, Parochial Charities (see also "Charities") — definition of .... dealing with, in rural parishes in metropolis, boroughs, and urban districts . Parochial Committee — appointment of, by rural district council . .113- clerk of, when jiarish council act as Parochial Electors — definition of . . . 68, 169, 171-179, 169. __j_, ._ to constitute the parish meeting position of owners who are not occupiers peers and married women may apply for division of parish into ward for abolition of parish wards . to elect parish councillors . guardians urban district councillors rural district councillors may convene parish meetings may inspect and copy parish books and docu ments . . . • may demand poll at parish meetings Parochial office, provision of Parts o£ parishes, adoptive Acts in division of parish . ])arish meetings, elections and polls in Passage brokers' licences Pawnbrokers' certificates Peers, when not parochial electors Penalty for member acting when disqualified or when prohibited Petition — to Local Government Board against or compulsory acquisition of land for allotment to county council where land cannot be got for allotments . . • .91,95,96. against alteration of parishes, unions, etc. for dissolution or setting up of parish conn 84, 85, 139, voting der for 107 150 lU 116 226 171 68 168 168 119 119 69 125 130 131 181 203 243 79 197 119 193 141 139 168 183 91 284 158 167 634 INDEX. PAGE Petition {continued) — time for presentiug secoud petition 167 undei- Section 57, Local Government Act, 1888, time for presenting .... 168 to determine which person elected 244 Petroleum — Petroleum Act, 1871 398 Petroleum Act, 1879 .... 406 Petroleum (Hawkers) Act, 1881 . 411 execution of Acts, expenses 139, 145 definitions . . . 398-399,401, 406, 413 bye-laws — harbour authority to make 399 penalty for contravention 400 licences — for storing . . . . - 400 exemjitions . , . . . 401 mode of granting . . . . 402 refusal to grant : appeal 402 testing ...... 402, 407 expenses of . 403 oil of low volatility 410 entry and search .... 403 taking sample on payment 403 obstructing oflBcer 403 power to seize and remove 404, 412 not to be liable for seizing 403 label to be put on vessels . 400 extension of the Act to other substances . 404 hawking petroleum 411 regulations for 411 penalty for contravention 412 summary proceedings for offences . 404 repeal of Acts .... 405, 407 Place of Meetings — schoolrooms .... 72 guardians' board-room 211 inns ..... 214 of committees of councils . 248 INDEX. G35 Plans adopted for seAverage or wator-sui>ply — notice to be given to parish council Pleasure-grounds {see also "Recreation grounds") — closing purchase of land for bye-laws for Poll — mode of voting at . expenses of . how taken under adoptive Acts rules for elections . in forming and dissolving school boards on questions decided by ])arish meeting in small parish .... on resolution of parish meeting — how and when it may be demanded . whether it may be countermanded use of public room for but not public-house Polls — L. G. B. order, 15th November, 1894 parish meetings, where no parish council L. G. B. order, 5th February, 1895 parish meetings, where parish councils returning officer's duties day and hours of poll . polling districts polling places and stations compartments withdrawal of candidates abandonment of poll . returning officer's duty notice of poll . publication of notices . presiding officers ballot papers . agents : polling agents questions to elector covuitinir votes 463 4H4 465 114-115 89 87, 418 419 68 68, 101 84 187 195 125 243 244 477 464, 469 463 463 468 468 464, 468 464, 469 469 464, 469 465, 470 464, 469 470, 473 464 470, 474 467, 473 465 470 465 470 465, 471 465, 471 466. 471 636 INDEX. Polls (coiituuied) — equality of votes ..... declaration of result . . 4<66, 471, adaptation of Ballot Act, 1872 . . 466, Municipal Corporations Act, 1882 Municipal Election (Corrupt Practices) Act, 1881 .... 467, where parish is more than one county misnomer, inaccurate descriptions for part of a parish rules for polls consequent on parish meetings procedure at poll .... the ballot paper sealing ballot boxes counting votes and declaration of result decision of questions arising . offences — as to ballot papers and boxes infringement of secrecy use of school and public room returning and election officers : duties general powers and duties pi'ovision of papers, boxes, and necessaries keeping order in stations presiding officei''s powers oaths, administration of misconduct, liability for vote, disclosure prohibited personation .... rules for polls consequent on parish meetings non-comjiliance with . polling stations and materials, provision of official mark to be kept secret presiding officer to keep order ballot paper to indicate question for decision form of : marking ballot boxes, construction, examination, seal- inir ..... 466, 471 474, 475 472, 475 466, 472 472, 488 467, 473 467, 473 473 479 475 476 476 476 476 477 477 477 478 478 478 478 478 478 478 478 479 479 479 479, 480 480 480 480 480 480 INDEX. 037 Polls {continued) — marking ballot pajiers for voters, Jews, l)liuri- vately ...... i-ate not to exceed 6d. in the pound . Public Libraries — Public Libraries Act, 1892 . Public Libraries Act (Amendment Act), 1893 adoption of Act and constitution of library autho rity . . • • mode of adoption in urban districts . limitations on expenditure for purposes of Act .... • proceedings for adoption of Act Act when adopted to be executed by library authority constitution of commissioners for executing Act in parish rotation of commissioners meetings of commissioners proceedings of commissioners to be recorded neighbouring parishes may combine . power to annex parish to adjoining library disti'ict Act cannot be adopted for part of a library district 87,89 212 464, 469 439 84, 439 439 439 439 439 440 440 440 440 440 453 84,440 453 440 441 442 442 442 442 442 4t3. 454 443 453 644 INDEX. Public Libraries (continued) — execution of Act — provision of libraries, museums, and schools of science and art . no charge to be made except for uon-inhabit ants .... acquisition and disposal of land Lands Clauses Act incorporated power to grant charity land for libraiy pur poses .... exceptions .... vesting of property in library authority management of libraries, &c., by library au thority or committee power to provide books, maps, speci mens, &c. appointment and dismissal of officers delegation to a committee poAver to library aiithorities to make agree ments for use of library sharing cost of building and of providing books, &c. power to library authoi'ity to accept parlia mentary grant exemption from income tax financial provisions — expenses of library authority, how defrayed library rate, how levied borrowing by library authority accounts aud audit inspecting and taking copies of accounts provisions affecting London only power for district in London to adopt appropriation of land in London for library adjustment on termination of agreement saving for Oxford constitution and proceedings of vestry definitions .... FASE 443 443 443 443 444 444 ' 444 444 444 444 445 445 445 445 443 445 446 446 446 447 447 447 448 448 449 449 442, 449 INDEX, 645 FAOB Public Libraries (conthmed) — financial provisions — repeal of Acts ..... 449, 453 regulations for ascertaining voters' opinion . 450 procedure by voting papers 450 form of voting paper 452 Public notices, see " Notices." Public walks — poAver to provide land for .... 87 bye-laws for ..... 89,439 Qualifications (see also " Disqualifications ") — of parish councillors .... 89, 396 of guardians and cliairman . . . 125, 126 of councillors in boroughs .... 127 of electoi's, metropolis and Woolwich . . 148 of persons in order to be registered as parochial electors ..... 171-179 Quarter sessions, certain powers transferred to district council ...... 138, 150 Questions to candidates for election . . . 244 Quorum — of parish council ..... 246 of committee of councils .... 248 of district councils and boards of guardians . 437 Quo warranto, testing election by . . 127, 437 Eailways Clauses Act, 1845, Sections 75-78 incorporated Eateable value, definition of . Katepayers' application for alteration of areas, t^c. Eates (see also "Poor rate") — demand note to specify certain particulars on land, reduction of . . . compounding for payment of, in urban districts custody of rate books incidence of, not to be altered in orders as to charities as security for borrowed money . . . 104, basis of county rate made before appointed day, levying of 92 227 238 101 104 155 118 150 218 225 240 646 INDEX. Rates for defraying liabilities existing before ap pointed day .... Rating and Assessment — powers of parish councils . general district rate higbAvay . . % publication, &c. assessment on lands and houses mortgage of rates . Batione tenurse, highway repairable Recreation Gbotjnds — management of bye-laws for acquisition of land for power to close on certain days transfer of property held in trust for custom to use land in adjoining parish management by committees when held for part of a parish L. G. B. memorandum as to Re-eligibility of persons holding office . , 186, Registers — of baptisms, &c., custody of of births, deaths, and marriages, custody of i^arochial electors, how to be made occupier of dwelling-house not rated policeman occupying cubicle at barracks occupier transferred premises to company but continue to occupy for first elections of parochial electors, adjustment of to be made out in parts as necessary Registration — under Infant Life Protection Acts . 356, of burials without church rites 240 101 423-425 425 426 427-428 430 134 79 89, 419 87 89 107 137 202 538 188, 192 118 118 168-171 173 173 177 239 239 239 358, 361 350 Regulations {see also " Bye-laws " and " Rules ") — of county council as to security to be given by treasurer of parish council . . 117, 118 INDEX. G47 Regulations (continued) — of Local Government Board — as to inquiries and notices under Sec. 57, Local Government Act, 1888 existing on appointed day to continue in force for allotments .... for hawking petroleum purchase of land (Public Health Act) for burial grounds .... burial without church rites for voting under Public Libraries Act for management of libraries Relief, disqualifications of persons in receipt of Relief, division of union for purposes of Removal of difficulties as to first meetings and elec tions ..... Rent of laud hired for allotments Repairing Highways and Footpaths 106, 11-4, 115, 121, materials for, pui'chase and sale of land used as before taking highways over Repayment of loans from county council Repeal of statutes . . .130, 234, 242 Representative body in urban district may apply for parish powei's .... Representatives of parishes formed into a group, elec tiou of .... . Resignation of parish councillor of chairman of parish meeting or council . application of provisions of Municipal Corpora tions Act, 1882, to councillors, guardians, &c of urban district councillors of rural district councillors Restrictions on expenditure of parish councils . of parish meetings in small parishes Retirement — of guardians . . . 126, 213, 230, of district councillors, regulation of of guardians, regulated by county council . FAOB 232, 455 241 276, 282 411 419 316 349 450-452 444 181 3, 157 231 97 134, 135 195, 196 237 518 249, 272 150 166 186, 187 186 188, 191 560 567 101 121 555, 581 212 212 G4S INDEX. Retirement (continued) — of first guardians and district councillors of first pai-ish councillors and chairman Returning Officers — appointment of for first elections to convene first meetings of district councils duties of . Revising barrister, directions to Rights of Way — parish council may acquire but not compulsorily . stopping or diverting duty of disti'ict council to protect complaint of default in protecting Local Government Board memorandum as to Roads, see " Highways." Roadside waste, encroachments on Local Government Board memorandum as to Room — for parish meetings, &c. for meetings of rural district council for parochial office, provision of Rules (see also " Regulations") — for elections generally may fix dates of coming into office . for election of parish councillors . of Local Government Boai'd : election of guardians for election of urban district councillors rural district councillors for meetings of district councils and boards of guardians of parish meetings of parish councils of committees . Rural District — definition of to be in one county PAGE 230 229 188 230 231 463 169 87 93 106, 121 136 136 530, 534 136, 137 531, 536 72 211 79 187 238 69 125 130 131-132 211,437 68, 242 70, 245 201, 248 128 132, 157 INDKX. 649 Rural District (continued) — when to be admiuistered l>y council of adjoinini,' district . . . . . when co-extensive with one runil parish change of name of . Rural District Council — Local Government Board circular . duty as regards water-supply and sanitary works . consent of, necessary to stopping or diverting highways . . . . . powder to delegate to parish council and parochial committees . . . . . complaint of default by . . 23, 114, notifying Avorks of sewerage to parish council clerk of, to assist parish council in delegated work new name of rural sanitai*y authority change of name ..... constitution and incorporation of . . 18, election, qualification, term of office and retire- ment ...... chairman ..... 126, disqualification of to be justice of the peace vice-chairman .... district councillors to be guax'diaus to be a body corporate power of county couucil to settle name to have pei'petual succession and common seal power to hold land without licence transfer of powers to . repair of highway repairable ratione temirie conditions imposed where county council con tribute to repair of highAvay . urban powers may be conferred ou power to take proceedings to protect highways and commons .... powers as to highway or commons, ou default transferred to county council . powers of justices transferred to . 132,107 \'j7 199 560 88 106, 136 23 113 11-5, 435 114- -115 116- -117 128 199 131, 132 131 131 211 182 128 211 131 132 132 132 132 20 133 134 134 21 134 136 21, 136 138 650 INDEX. PAGE Rural District Council {conthnied) — provision for, when co-extensive with a rural parish ...... 157 expenses of . . . . .23, 145 appointment of committees by . . 200, 201, 248 an audit of accounts of . . . . 202 riglit to inspect and take copies of accounts . 203 room for meetings of ... . 20, 211 provision for inability to act . . . 212 not to meet at inns .... 214 may be employed as agents by county council . 216 first election of, and retirement of councillors . 229, 230 convening first meeting . . . .231 repairing highways before talcing them over from parish ..... 237 county council postponing transfer of higbAvays . 239 rules for proceedings at meetings . . . 211, 437 Rural parish, see " Parish." Rural Sanitary Authority — transfer of powers to district council . . 133 duties as to first election of district councils . 229 Rural Sanitary District — definition of . . . . ' . Q7 in more than one county .... 156-157 having less than five guardians . . . 132, 157 co-extensive with oAe parish . . . 157 Salary of Officers — payment of, in adjustments . . . 218 of existing ofiicers not to be reduced . . 233 Sale — of pai'ish pi-operty ..... 79 used for highway materials, justices' consent not necessary .... 195 of land by burial board . . . .327 Sanitary authorities (existing) to continue until new councils come into ofiice .... 231 Sanitary works, relative powers of district and ^^^-rish councils ...... 88 INDEX. 651 FAOB Saving — for powers of Local Government Board as to alteration of unions for powers of Secretary of State as to Aldershot for Oxford guardians for Harbour Commissioners for elementary schools for current rates and proceedings . for current valuation lists in divided parishes for existing securities and discharge of debts for existing bye-laws, orders, and regulations for pending contracts and actions . Schedule I, Local Government Act, 1894 Schedule II, Local Government Act, 1894 Scheme as to a charity affecting a rural parish to be communicated to parish council School attendance committees of guardians School boards, resolutions as to forming and dissolving School districts, effect on, of alteration of parish . Schoolrooms — various meetings to be held in . 72, 280, 286, 477, 539 158 212 213 216 216 240 240 241 241 241 242 249 108 650 195 67 expenses of meetings in . Education Department circular as to use of School Sites Acts, exercise of powers under Schools (elementary), saving for Scilly Islands, provisions as to . Scotland, Act not to extend to . Seal — instruments under, by parish council by chairman and overseers of parish meetings by parish meetings , . . • by rural district council Security — for money borrowed by parish council to be given by treasurer of parish council for money borrowed for adjustments saving for existing securities Service franchise 73 3, 74, 539 195 216 222 229 70, 248 120 121, 248 132 105 117 218 241 173.175 652 INDEX. PAGE Service of notices by and on pai'isli council . 194, 246, 247 (See also under " Notices.") Sewerage — notice of works to be given to parish council . 115 default of rural district council in providing . 114 Sex not to disqualify ... 69, 125, 130, 168 Shares, see " Stock " . . . . .396 Short title of Local Government Act, 1894 . . 229 Slaughtering horses, see " Kuackers." Small Holdings Act, 1892 — parish councillors to be allotment managers under 80 land under, not to be hired ... 98 definition of ..... 101 Small parishes, see " Parish." Special case for determination by High Court . . 220 Standing orders of parish council . . . 248 Statutes — reference to vestry, overseers, or churchwardens . 195-196 repealed .... 130,234,242,249,272 Stock, transfer of, on alteration of authority's name . 396 Stopping up highways, see " Highways." Subscriptions to associations .... 102 Summary proceedings to determine questions as to transfers of powers ..... 219 Sunday, Christmas Day, &c., provisions as to . . 222 Supei-fluous lands, sale of ... . 505 Surcharge by district auditor, appeal . . . 208 Surveyors of Highways — action on report as to highway out of repair . 134 provision as to existing . . ' . . 233 rural district council to be . . . . 133, 417 appointment of . . • • . 569 Taxes, library exempt from .... 443 Telegraph facilities, increase of ... 414 Term of Office — of parish councillors .... 69 of guardians ..... 126 INDEX. 053 Term of Office (contimted) — of urban district councillors . . . 130 of rural district councillors . . 131 Terminable annuities in adjustment of liabilities, &c. . 218 Time for appealing under Section 57 Local Government Act, 1888 ^ 168 Title of Act ...... 229 Town clerk, duty as to electoral lists . . . 170 Transfer — of powers, property, &c. — of vestry to parish councils . . . 74, 78 of churchwardens .... 78 of overseer's ..... 78 of allotment wardens and managers . . 80 of authority under adoptive Acts . . . 84, 197 in urban districts .... 214 of property held in trust for charities, &c., to parish council . . . . .54, 107 of district councils to county council on default 114,136,215 of vestries in small parishes . . . 121 of rural sanitary authority to rural district council 133 of justices to district councils . . . 138 of county to Local Grovernment Board if area and boundary orders not made within two years 159 of owners and ratepayers under certain Acts . 195 construction of statutes containing provision as to duties transferred .... 196 Improvement and Harbour Commissioners . 216 of property debts and liabilities . . . 217 summary proceedings for determining questions as to . 1^ .219 of officers of authorities whose powers an- trans- ferred ...... 233 effect on pending contracts and actions . 241 of stock on change of authority's name . . 396 Transitory provisions ..... 229 Treasurer, appointment of, by parish council . 117 liability of . . . • 118 security by . . • • • 118 654 INDEX. Treasui*y memoraudum on abolition of office in civil service . . • • • • • Trienuial election and retirement of guardians and district councillors . . . 126, 130, Trustees — of parochial charities, definitions . appointment of, by parish council . charity commissioners to be informed not to distribute to their own families in small parishes . in municipal boi'oughs and urban districts selection of, by ward councillors . in grouped parishes Trusts of property vested in parish councils Unhealthy dwellings, representation as to Union Assessment Committee Act, 1862, objection to valuation list ..... Union (poor law), alteration of. division for outdoor relief .... divided parishes to remain in the same Urban authority, change of name not to affect identity Urban District — definition of : title of ... • provision for part oE a highway parish included in provision for parish in more than one urban dis- trict ...... conditions for setting up new ui*bau district setting up new urban district change of name powers under adoptive Acts mode of testing chairman's election Urban District Council — constitution of . . . .16, conferring parish powers on no ex officio or nominated members qualification of councillors and electors women may be elected rules for election : one voter one vote 235 131, 230 227 107, 110 110 109 120 150, 151 150 166 54, 74 79, 83 79,80 157 3,157 158 240 127, 128 134 157 160 198 199 197, 214 437 127, 130 17 130 130 130 130, 187 INDEX. ens Urban District Council (continued) — term of office of couucillors duty to protect rights of way aid in maintaining commons expenses of, in executing new powers applying for powei's of a rural parish application to, of provisions as to charities selection of charity trustees by ward councillors compounding with owners to pay rates disqualifications for being councillor or chairman absence from meetings to disqualify councillors power to appoint committees and joint commit tees ..... accounts and audit .... chainuan, appointment of . disqualifications for . to be justice of the peace vice-chairman, appointment of provision for failui-e to elect council ; power of county council to act . powers under adoptive Acts . . 17 may act as agents for county council returning officer to convene first meeting of takes over the powers of an urban sanitary authority rules for meetings .... Local Government Board circular as to proceedings of Urban District Councillors — qualification for office disqualifications .... when absence from meetings vacates office to sign acceptance of office resignation ..... re-eligibility .... expenses of election Urban powers may be conferred on rural councils am parishes . . . . • Urban Sanitary Authorities — to be called district councils 130 136 130 18, 145 150 150 150 155 182 183 •200, 201 202 211.437 182 128 211 19 212 214 216 231 240 211.437 555 130 182 183 188, 100 188. 191 188. 192 188 134 127 656 INDEX. Urban Sanitary .Authorities (continued) — powers not to be prejudiced references to, are to apply to urban district council Vacancy in Office — not caused by election of outside chairman overseer ...... declai'ation of .... . in parish councils ..... filling of casual (provisions of Municipal Corpo- ration Act, 1882) . . . 188, guardians ...... district councils ..... Validity of county council orders confirmed l>y the Local Grovernment Board .... Valuation List — appeals against, by parish council . existing, to continue in force Vesting of pi-operty transferred Vesting order dealing with legal estate in overseers, no consent required under Charitable Trusts Acts ..... Vestries in London — election of vestrymen auditors date of . chairman, hour of meeting . application to, of rural parish powers disqualifications provisions as to acceptance of office, expenses, resignation, and re-eligibility and vacancies 61, 62, first elections under the Act removing diflficulties in . . • Vestry — includes meetings of ratepayers or voters . ■ application by, for alteration of areas, &c. powers of, transferred meetings of vestries, notice of, how given . 240 70 74, 193 183 186, 245 189, 192 551 555 560, 567 168 79 240 217 195 60, 148 62 63 148 62, 150 183-184 188, 190 229 231 . 32, 84 238 74, 78, 79, 120 194 61, INDEX. 657 Vestry (continued) — construction of references to, in other Acts conferring powers of adoptive Acts on, in London . Vestry Clerk — not to be appointed by parish council when to be clerk of parish council Vestry room, provision of ... • ViCE-Ch AIRMAN appointment of, by district councils and boards of guardians . . .211, 549, 554, by parish councils . . . . • Village Greens — management of . powers of parish council Local Government Board memorandum Voters — parochial electors lists of, for first elections . one voter one vote . . .68 persons disqualified directions for guidance of . Voting when prohibited, penalty 195-196 154 116 118,233 ?:», 81 558. 564 246 79,82 87 538 168, 171 239 125, 130 180, 182 4S7 183 84, 85, 197, . 119. Walks ..... acquisition of land for bye-laws for Wards — adoptive Acts in . division of parish into • . separate parish meetings for division of urban district into division of areas into, before appointed day elections of guardians in . selection of charity trustees by ward councillors . parish meetings, elections and polls in election of guardians and rural district councillors in retirement of urban councillors in . already fixed by local Acts to continue until altered by county council . . . • 42 538 87 87, 89, 439 214 212 120 130 238 125 150 193 212 230 242 658 INDEX. Waste, roadside — district councils to prevent encroachmeuts on Water-supi)ly, provision of, hv parish council . complaint of default in providing . notice to parish council as to provision of pollution of, by gas washings Way, right of, see " Eight of way." Waywardens, appointment of . Wife not to be qualified by same property as husband Witnesses called unnecessarily in arbitrations Women — appointment as overseers . parish councillors guardians and rural district councillors 125, 131, 168 urban district councillors . . . 130, 168 not to be justices of the peace, or town councillors 128. 168 . 136, 137 87, 90, 93 . 114, 435 . 115, 116 . 386, 387 569 a 168 218 75 69 129 69, 125, 130, 168 171 may be chairman of district council not to be disqualified from voting . how entered on registers, if married Woolwich — application of Act to . . .60, 148, 183 reasons for special reference to . . . 149 disqualifications for membership . . . 182 regulations as to members of Woolwich Local Board . . . . . . 188 chairman to be jvistice of the peace . . 128, 148 date of election' . . . .62, 63, 230 Words, definitions of (see also under " Definitions ") — 216 au.miuisLiiii;j.vt; uusiuess . . administrative County of London 148 agricultural land . 147 allotments . . 93, 283 appointed day 239, 556, 562 assessable value 104 burial board 345 company 397 contributory place . 427 county borough 148 countv district 128 INDEX. 659 PAGK VoEDS, definitions of (co7itinued) — delegation . . . . . ll:i district council . . . . 128 expenses 101. 225 general expenses 146, 426 graveyard . . . . . 348 includes . . . . . 222 known and defined boundary 165 landlord .... 99 library authority 442 , 445, 447 local authority 397 Local G-overnment register of electors 176 means .... 222 minerals .... 100 nominated guardians 126 parliamentary register of electors . 171 parochial electors . 68, 169 , 171, 226 Public Health Acts 135 reasonable .... 74 reasonable cost (water-supply) 115 reasonable hours 211 reasonable rent 274 reasonable time 161,539 register of parochial electors 169 roadside wastes 137 rural j)arish 67 rural district 128 rural sanitary district 67 small holding 101 special expenses 146, 426 stock .... 397 suitable .... 74 urban district 127 PKINTKD BY ADLAKD AND SON, BAKTHOLOMKW CLOSE, E.G., AND 20, HANOTKK SQCABE, W. % LAW LIBKARY \^ UNIVERSITY OF CALIFORNIA LOS ANGELES « V ^M UC SOUTHERN AA 000 729 754 :- LITY llllllil ^M^^^^^^^