") ARISH 6 2 UN J ni -J&:-. .w&tn»A A Handbook to the LOCAL GOYERNMENT Ml, BY PORTLAND B. AKERMAN (Solicitor of the Supreme Court) AND PERCY H. FORD LONDON PEORGE ROUTLEDGE'& SONS, Limited BROADWAY, LUDGATE Hii,L MANCHESTER AND NEW YORK L^ 5 ) THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES :\^ OE DEPAf?7^ T H e '30 NOV. 94 THE LOCAL GOVERNMENT ACT 1894 »■» I MR. HOLDSWORPH'S LEGAL HANDBOOKS. In Crown Svo, 640 j>j>.,Ss- THE PRACTICAL FAMILY LAWYER. In Crown A'c, 2s. 6d. each. THE HANDY BOOK OF PARISH LAW. THE NEW COUNTY COURT GUIDE. In Fcap. Svo, Js. each. LANDLORD AND TENANT. WILLS AND EXECUTORS. THE BALLOT ACT. MASTER AND SERVANT. WEIGHTS AND MEASURES. THE MARRIED WOMEN'S PROPERTY ACT. THE BANKRUPTCY ACT, 1883. THE AGRICULTURAL HOLDINGS ACT. 1883, Etc. THE CORRUPr AND ILLEGAL PRACTICES PRE- VENTION ACT, 1883. THE ALLOTMENTS ACTS, 1887. THE LOCAL GOVERNMENT ACT, 1888. PARISH COUNCILS A HANDBOOK TO THE Local Government Act PORTLAND B. AKERMAN (Solicitor of t/ic Supreme Court) AND PERCY H. FORD SECOND EDITION. LONDON GEORGE ROUTLEDGE & SONS, Limited Broadway, Ludgate Hill MANCHESTER AND NEW YORK 1894 LONDON : PRINTED BY WOODFALL AND KINDER, 70 TO 76, LONG ACRK, W.C. T5 4- P E E F A C E. c/3 The Local Government Act, 1894, commonly galled the "Parish Councils Act," introduces >-changes in the local government of the country 54 THE LOCAL GOVERNMENT ACT, 1894. plated expenditure is ascertained) is subject in every case to the consent of the county council and the Local Government Board. The parish council are authorised to borrow money for purchasing land or erecting buildings ; for any purpose for which they are empowered to borrow under the Adoptive Acts ; and for any permanent work or other matter, the cost of which the county council and the Local Government Board assent to being spread over a term of years. They may borrow the amount required from the county council. Certain pro- visions of the Public Health Act, 1875, are, with some modification, made applicable where the parish council borrow money. The provisions in question, and the effect of them as applied to the parish council, are briefly as follows : — Section 233. The parish council may borrow or rc-borrow money necessary for any of the purposes for whicli they are authorised to borrow, or for discharging loans contracted for any such purpose, and, as security, may mortgage the poor rate and the revenues of tlie parisli council. Section 231. The exercise of the power of borrowing is sub- ject to the following (among other) regulations : — (1.) The sum borrowed must not at any time exceed, with the balances of outstanding loans, one-half the assessable value of the premises assessable w'ithiu the parish. (2.) The money may be borrowed for such time, not exceeding GO years, as the Local Government Board may sanction. • The loan may be repaid either by ♦ The full term of GO years is very seldom allowed. About 30 years is the time usually fixed. INTRODUCTION. -SS annual instalments, or by means of a sinking fund properly invested. (3.) Where money is borrowed to disoharge a previous loan, the time for repayment is not to extend beyond the date fixed for the repayment of the original loan, except with the consent of the Local Government Board. Section 236. [This relates to the form of mortgage.] Section 237. A register of mortgages is to be kept and is to be open to inspection. Section 238. A mortgage may be transferred, and a register of transfers is to be kept. Section 2.39. A receiver may, in certain cases, be appointed by a court of summary jurisdiction, on the application of a mortgagee. Where the parish coiincil raise a loan for any purpose connected ^\'ith the Adoptive Acts, the charges for repayment of principal and interest must fall ultimately on the rate which is applicable to the purpose of the particular Act or Acts in connection with which the loan is raised (s. 12). Parish Books and Documents. The custody of the registers of baptisms, marriages, and burials, and, speaking generally, all other books and documents containing entries relating to the affairs of the church or ecclesiastical charities, is not interfered with by the Act ; but, under section 17, the parish council will be em- powered to give directions as to the persons with whom, or the place in which, other books and papers belonging to the parish shall be deposited. 50 THE LOCAL GOVERNMENT ACT, 1894. The county council are to make periodical inquiry as to the manner in wliieli l)Oolvs and documents under the control of the parish council are kept, with a view to their proper preservation. Any documents now required hy statute or the standing orders of Parliament to he deposited with the parish clerk, such as maps, plans, &c., of proposed railways and like undertakings, are, for the future, to he deposited with the clerk, or, where there is no clerk, the chairman of the parish council. The last of the civil functions of the parish clerk seems to he thus taken away in rural parishes. Hitherto we have heen considering the case of parishes with more than 300 inhabitants in which parish councils will he established compulsorily by the Act. We have now to deal with the smaller parishes, in which, if parish councils are estalj- lished, it will be by means of the special machinery to which reference was made above. Special Provisions as to Small Rural Parishes. Although a rural parish with less than 300 inhabitants will not, as a matter of course, have any parish council, it will have a parish meeting constituted in the same way as in any larger parish. A parish council can, however, be estab- lished in any such parish by an order of the county council, with the consent or on the applica- tion of the parish meeting, and it is competent to INTRODUCTION. 57 the parish meeting, if the parish has not less than 100 inhabitants, to demand to have a parish comicil, and the county comicil must comply with such a demand (ss. 1, 38). It is understood that 6,356 rural parishes out of a total number of 13,235 have a population of less than 300 ; but the object is to avoid forcing a parish council on a parish which has very few electors, and while providing for the establishment of a council in any case where there may be a desire for one, to make the grant dependent in great measure on the circumstances of the parish. If a parish council is established for any of these " small parishes," the Act will apply to the parish in the same way as if a parish council were created for it by the Act. It is unnecessary, therefore, to say more about a case of this descrip- tion. But one of the original proposals of the Bill was that small parishes should be grouped together, and a parish council be established for the group. The Act goes further in this respect, and provides that, if the parish meeting consent, the county council may group any rural parish (whatever its population) with a neighbouring parish or parishes under a common parish council, but with a separate parish meeting (s. 1). As a rule all the grouped parishes must be within the same county and county district.* The " grouping order " must * The term "county district" is defined by s. 21. It is equivalent to the more familiar expression " sanitary district." 58 Tltl5 LOCAL GOVtiRNMfiNi; ACT, 1804. provide (s. 38) for the holding of parish meetings in each of the grouped parishes, and for the election of separate representatives of each parish on the parish council, and it mmj make necessary the consent of the parish meeting to certain acts of the parish council, and in other ways adapt the provisions of the Act to the circumstances of the case. If there are any charities attached to either of the grouped parishes, the order must make such provision as regards the appointment of trustees and beneficiaries as will preserve the rights of the parish. The custody of parish documents must also be provided for. The parish meeting of any parish may themselves apply to the county council to have a grouping order made respecting it. A group of parishes, or the parish council for a separate parish, may, under certain circumstances, be dissolved, or a particular parish may be separated from a group, and if the county council think proper a parish council may be established for that parish (ss. 38, 39). Parishes tcllJiont Parish Cuuncils. In the case of every parish which has not a separate parish council, the effect of the Act will depend to a great extent on whether the parish is *' grouped " or not. If it is grouped, many of the powers that would otherwise be vested in the parish meeting will be transferred to the parish council INTRODUCTION. 59 of the group. In the absence, however, of any grouping order affectmg the parish, section 19 re- quires that the parish meeting shall assemble at least twice a year. The place of meeting may be the schoolroom, or any other room such as we have mentioned in connection with the parish meetings of parishes having councils.* In addition, where there is no parish council and the parish is co-extensive with the ecclesiastical parish, the parish meeting would seem to be entitled to meet at the parish church or in the vestry room attached thereto. At the " annual assembly " of the parish meeting, which, as in other cases, is to take place on the 25th March, or within seven days before or after that date, the meeting is to choose a chairman for the year. Subject to the requirement that there shall be two meetings a year, and also to the provision in section 2 requiring all meetings to be held in the evening, the chairman thus chosen is to fix the dates and places of meeting during his term of office, and the meetings are as a rule to be convened by him, although any six parochial electors may convene a meeting (s. 45). If the business to be transacted relates to a proposal to " group " the parish, or establish a parish council, or to adopt any of the Adoptive Acts, fourteen days' notice must be given. In other cases, only seven days' notice is requisite. * See page 25 ante. (50 TIIK LOCAL GOVERNMENT ACT, 1894. The provisions as to voting at parish meetin<^B and the right to demand a poll are substantially the same in the cases now under consideration as in those where there are parish councils ; but, as will be seen, much more important powers are given to the parish meeting if the parish has not a council, and consequently the matters in regard to which it is within the power of a single parochial elector to demand a poll are more numerous. A list of these matters is given in Part I of the First Schedule to the Act. The powers of the parish meeting in these cases will include nearly all those now exerciseable by the vestry which do not relate to the affairs of the church or to ecclesiastical charities. Besides this, the parish meeting will appoint the overseers and the assistant overseer (if any). The chairman and the overseers will be a body corporate, with power to hold land, but are to act under the direction of the parish meeting. The legal interest in property which, if there were a parish council, would be vested in the latter by section 5, will in these parishes vest in the chairman and overseers. Where {see p. 50) the parish council (if any) would appoint trustees of a charity in the place of overseers or churchw;i.rdens, the parish meeting will make the appointments. The provisions of the Act as to stopping or diverting public rights of way, and discontinuing unnecessary highways, and with respect to complaints of default on the part INTRODUCTION. 61 of district councils (see pp. 40, 41, 79), are to apply to the parish meeting in these parishes ; and the county council may confer on the parish meeting, on the application of the latter, any of the powers conferred on a parish council by the Act. The parish meeting may appoint a committee for any purposes which, in the opinion of the meeting, would be better regulated and managed by means of such a committee. It is obvious that, in many cases where the parish is too small, or perhaps too poor, to make it desirable that it should have a parish council, the parochial electors will yet be too numerous for the convenient exercise of their powers on all occasions " in parish meeting assembled." The appointment of a committee, however, will constitute virtually a small executive body, whose acts, it is true, will require to be submitted to the parish meeting for approval, but whose existence may render it unnecessary to convene a parish meeting more frequently than, say, twice a year, i.e., on the two occasions in each year on which a meeting has to be held to comply with the Act. The result will be very much the same as if the parish had a parish council, but with less expense. The Act fixes sixpence in the pound as the maximum amount of rate leviable in any year for defraying the expenses of the parish meeting where there is no parish council; and it should be noticed that this sum is to include all expenses under the 62 THE LOCAL GOVERNMENT ACT, 1894. Adoptive Acts. The chairman will oljtain the amount required for the expenses of the meeting from the overseers out of the poor rate (s. 11). If the population of a parish without a parish council increases so as to justify the election of one, the county council may issue an order makin.tj; the necessary arrangements (s. 39). The next branch of our subject relates to guardians of the poor. Guardians. The provisions affecting guardians are chietiy contained in section 20 of the Act. They apply to the whole of England and Wales, including the metropolis ; and although they do not touch the general policy of the poor laws, they involve some sweeping changes in connection with — (a) the constitution of boards of guardians ; (h) the qualification for election as guardian ; {(■) the electors ; ((I) the conduct of the election ; (e) the term of office of guardians, and several other matters. At present there are three classes of guardians — cx-ojicio, nominated, and elective. The cx-qlficio guardians are justices residing in the union and acting for the county in which any part of the INTRODUCTION. 63 union is situated. The nominated guardians are found only in London. They are nominees of the Local Government Board. The qualification for an elective guardian consists, under the general law, in bsing rated to the poor rate at not less than £5. The electors are the ratepayers and such owners of property in the union as have made a claim to vote. Non-resident owners may vote by proxy. There is plural voting by means of voting papers delivered and collected from door to door. The term of office of elective guardians is usually one 3^ear. Li the case, however, of about one- gixth of the boards of guardians, it is three years. In them cases either one-third of the guardians retire every year or all retire together every third year, the latter arrangement being far the more common. The general effect of the new Act w^ith reference to guardians is as follows : — There will no longer be any ex-officw or nominated guardians, but the board of guardians may elect from outside their own body a chairman or vice-chairman, or both, and not more than two other persons qualified to be guardians, who, in the language of the Act, will be " additional guardians and members of the board." If they do so elect — it is not obliga- tory upon them to do so — and if on the first election there is ^ sufficient number of persons who have served ^§ ex-officio or nominated guardians, those persons ai'e to have preference in Oi THE LOCAL GOVERNMENT ACT, 1894. the matter. As to the qualification of guardians, the Act repeals all enactments on the subject, including those in local Acts, and requires that the guardians shall either be parochial electors, or have resided in the union for the twelve months preceding the election. Women, therefore, are qualified, whether married or single, and whether on the register or not. In the case of a borough there is an alternative qualification. Any person who is qualified to 1)0 a councillor for the borough will bo qualified to be a guardian for any parish wholly or partly in the borough, although he may not be a parochial elector of, or resident in the parish. It is difficult to state the qualification for the office of town councillor very briefly ; but generally any man is qualified who, for the twelve months preceding the 15th July in any year, has occupied and l)een rated for any house, shop, or other building in the borough, and has resided for that time in the borough or within seven miles of it. In certain cases, however, persons resident within 15 miles of the borough are qualified to be councillors, and therefore guardians of any parish in the borough (45 & 46 Yict. c. 50, ss. 9, 11). It can scarcely be said under these circum- stances that the choice of guardians for a parish ill a borough is not wide, although it is to be noticed that this alternative qualification is not one which is applicable \q -^omon. Introduction. Go The electors of the guardians will be the parochial electors, each of whom will have one Vote, and no more, for each of the number of guardians to be elected. Married women can vote, if duly qualified. There will be no proxy vote. Thd election is to be conducted, on the lines of a municipal election, in accordance with rules to be framed by the Local Government Board.* Every newly-elected guardian will be required to make a declaration accepting office, or pay a fine. The term of office of guardians wdll everywhere be three years, but the system of retirement will not be uniform, as in this particular a kind of local option is to be allowed as between the simultaneous retirement of all the guardians triennially, and the retirement of one-third every year. Appeals against elections of guardians will no longer be made to the Local Government Board, section 8 of the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57) being repealed by the Act. If it is desired to question the election, this will have to be done by an election petition, in the same way as in the case of a municipal election (s. 48). Section 59 of the Act applies to the meetings and proceedings of boards of guardians certain provisions of the Public Health Act, 1875. Nothing in the section, however^ is to affect any powers of the Local Government Board with respect to the proceedings of guardians. The orders of that Board * See page 90 post> GG THE LOCAL GOVERNMENT ACT, 1804. \\\\\, therefore, still govern in the matter, so far as they go. The appUed provisions (which are too lengthy to refer to in detail) will only operate so far as they are not inconsistent with those orders. The reason for dealing with the matters above referred to in tlu; present Act becomes apparent when we consider that the administration of the poor-law union, and of the rm'al sanitary district forming part of the union, has hitherto been vested practically in the same body, i.e., the board of guardians. Primarily, of course, the guardians are a poor-law authority ; but under the Public Health Act, 1875, the same board, excepting only the guardians elected for, and cx-officio guardians resident in the urban parishes, constitute the sanitary authority for the rural portion of the union. At present, therefore, there is no separate election of members of a rural sanitary authority. Guardians are elected, and the guardians, with the exceptions mentioned, form the sanitary authority. The Local Government Act, 1894, reverses this arrangement so far as the rural area is concerned, but at the same time it maintains the connection between the union and the rural sanitary district, by providing that persons shall be elected to form a " rural district council " (instead of the rural sanitary authority), and that these persons shall be the representatives of the rural parishes on the board of guardians. INTEODUCTION. 67 Guardians, as such, will only be elected for urban parishes. It is obvious that it is a necessary feature of the scheme that guardians and rural district councillors should have the same qualifica- tion, that they should be elected in the same way and by the same class of electors, and that their term of office should be the same. Apart from this, the effect of setting up within the union bodies elected on a wide popular basis like the new district councils, miglit, if the qualification and election of the guardians were not dealt with, be to place the latter in a position in which their influence would be impaired by reason of the less popular principle of their constitution. It remains to be added that the election and retirement of the first guardians elected under the Act are provided for by sections 79 and 84. The election will probably take place about the end of November, 1894.* The date, however, is not yet definitively settled. The present guardians will in all cases continue in office, without re-election, until the guardians and rural district coun- cillors elected under the new arrangement come into office. It should be noted that, even where the guardians are at present elected triennially, and the triennial period has not expired, there will be an election in November next, either of guardians or of rural district councillors, for every parish in the union. An entirely new board, * See page 102 2Mst. F 2 68 llIE I.OCAL GOVliRKMUNT ACT, 1894. therefore, will l>e returned. The first subsequent retirements will take place either in April, 189(), or in April, 1898, according as the mode of re- tirement is hy thirds or all together every third year. The powers of the guardians are practically unaltered, except that (a) the Act takes away the power of the guardians to appoint assistant overseers (s. 81) ; and (/>) transfers to the parish council the powers hitherto exercised by the guar- dians with the approval of the Local Government Board with regard to the letting, sale, or exchange of parish property (s> 6) ; but (r), on the other hand, if the parish council or parish meeting, as the case may be, fail to appoint the overseers at the proper time, the Act confers on the guardians the power to make the appointment (s. 50). Further powers may, moreover, be conferred on the board of guardians with respect to the whole or any part of an urban district by an order of the Local Government Board, under a provision in section 33, which will be referred to hereafter.* The provisions as to district councils now demand attention. District Councils. In order to understand the scheme of the Act as regards district councils, it is necessary to bear in * &Vcpp. 81, 88 post. INTRODUCTION. 69 mind that at present the whole of England and Wales, exclusive of the metropolis, is divided into sanitary districts, urban and rural. Urban sanitary districts are of three kinds, — ^boroughs, local board districts, and Improvement Act districts. The rural sanitary districts, as previously observed, are resj^ectively so much of a poor-law union as is not included in any urban sanitary district. The sanitary authority in the case of a borough is the corporation acting by the town council, in a local board district the local board, and in an Improve- ment Act district the improvement commissioners. The constitution of the rural sanitary authorities has already been adverted to.* Under the new Act, very small rural sanitary districts will, for the most part, be amalgamated with neighbouring districts ; and if a rural sanitary district is in two or more counties,! the part in each county will usually be formed into a separate district (ss. 24, 36). But, except in these cases, the Act does not, as a rule, interfere with the area of sanitary districts. It does, however, make ex- tremely important changes in the constitution of sanitary authorities other than those of boroughs, and in lieu of their existing designations, it calls all sanitary authorities " district councils." In an urban sanitary district, the district council takes * See page 66 ante. t Here and throughout this Introduction we use the term " county " as meaning " administrative county," 70 THE LOCAL GOYERNJIENT ACT, 1894. the name of the " urban district council," and a rural sanitary district will, for the future, be governed by a " rural district council." The expression " county district " is used to include both urban and rural districts. The Act also confers new powers upon the sanitary authorities. Urban District Councils. As regards every urban district which is not a borough, the following matters are dealt with in the Act, viz. : — (a) the constitution of the local authority ; (h) the qualification for election as a member of the authority ; (r) the electorate ; (d) the conduct of the election ; and («") the term of office of the members. The existing qualification for election as a member of a local board consists in being resident within the district or within seven miles of it, and being possessed of property to the value of not less than £500 or X'1,000, according to the population of the district ; or being rated to the poor rate in the district at £'15, or in the more populous districts at £80. The electors are the ratepayers and such of the owners as have claimed to vote, the latter having the power to vote by proxy. The poll is taken by means of voting papers delivered and collected from house to house. There is plural INTRODUCTION. 71 voting. The term of office of members is three years, one-third retiring each year. There are no ex-officio, and, as a rule, no nominated members. The quaHllcation, mode of election, and term of office of improvement commissioners depend on the provisions of the special Acts under which the several commissions are constituted. In some cases these bodies may include ex-offijcio or nomi- nated members. The provisions in the Local Government Act, 1894, as regards both local board and Improvement Act districts are as follows : — There are, in future, to be neither ex-officio nor nominated members of the sanitary authority. The existing qualifications for members of the sanitary authority are abolished, and every person, male or female, who is a parochial elector in the district, or has, during the twelve months pre- ceding the election, resided in the district, will be qualified to be elected a district councillor, unless otherwise disqualified.* The parochial electors are to be the electors of the district councillors. All plural and proxy voting is done away with, and each elector may give one vote, and no more, for each of any number of candidates not exceeding the number of councillors to be elected. The election is to be conducted in accordance with rules which will be framed by the Local Govern- ment Board.! The councillors are to be in office * )Sce, as to disqualifications, s. 4G. f 5Vc page 90 2'osi 72 THE LOCAL GOVERNMENT ACT, 1894. three 3'ears, and, as a rule, one-third of the coun- cil will retire each year ; but the county council may provide for the retirement of all the coun- cillors together every third year, if the district council prefer that arrangement (s. 28). The election and retirement of the lh"st coun- cillors, and the first meeting of the district council, are provided for by sections 79 and 84. It seems probable that the election will take place about the end of November, 1894 ; * but the precise date is not yet lixed. An entirely new body of councillors will be elected on this occasion, and the existing mem- bers of the urban sanitary autliority will continue to act until the new councillors take up their duties. They will then retire together. The first sul)sequent retirements will take place in April 1896. The chairman of any urban district council, other than a town council, may be elected from outside their own body. If a male, and not personally disqualified,! the chairman of every urban district council (including the town council of a non-county borough), will be ex officio a justice of the peace for the county. The council may also appoint a vice- chairman (ss. 22, 59). * Sea page 102 post. t A bankrupt or a solicitor practising in the county would bo disfiualificd (31 & 35 Vict. c. 18 ; 40 & 47 Vict, c 52). INTRODUCTION. 73 Biiral District Councils. Instead of being only the guardians under another name, as is the case with the existing rural sanitary authority, the district council of each rural district ^Yill be a separate and distinct body. The Act incorporates it, and gives it a common seal. At present, a rural sanitary authority have to use the guardians' seal. The council will con- sist of a chairman and councillors. The chairman must be a person qualified to be a councillor, but he may be elected from outside, and, if a male and not personally disqualified,* will be ex-ojficio a justice of the peace for the county. The council may also appoint a vice-chairman (ss. 22, 24, 59). The councillors will be elected by the parochial electors, but, if the number of elective councillors is less than five, the Local Government Board may nominate a sufficient number of persons to make up that number. Each parish in the district will (3lect the same number of councillors as it now elects guardians. The provisions of the Act as to the qualification of guardians, their election in accordance with rules to be made by the Local Government Board, and their term of office and mode of retirement, api^ly to rural district coun- cillors also, and any person qualified to be a guardian for the union comprising the district, will be qualified to be a district councillor for the * See note (*) on previous page, 7i THE LOCAL GOVERNMENT ACT, 1894. district. In one respect the result, as regards tlie qualilication for election as rural district coun- cillor, is very curious. As stated above, under s. 20 ("2), a person qualified to be elected a town councillor for a borough is qualified to be a guardian for a parish wholly or partly in that borough. Any such person therefore is qualified to be a rural district councillor. A reference to s. 11 of the ISIunicipal Corporations Act, 1882, will show that persons not rated for property within the rural district, or having any other direct interest in it, will thus be qualified to be elected as district councillors of that district. It will indeed be possible for a person, who is rated iov i)roperty in a part of the borough outside the union altogether, and who resides more than 15 miles from any part of the union, to be qualified to be a district councillor for the rural part of the union. As previously mentioned, the persons elected as rural district councillors will represent their several parishes on the board of guardians. Guardians, as such, will not be elected for rural parishes. As to the election and retirement of the first councillors, and the first meeting of the rural district council, sections 79 and 84 should be referred to. The arrangements are precisely the same as in the case of guardians.* * See page G7 arite. INTEODUCTION. 75 Poircrs of District Councils. The powers of urban and rural sanitary authori- ties, as at present constituted, differ considerably. Very many of the enactments in the Public Health and other Acts apply only to urban authorities. But the Local Government Board have, in many cases, power to confer on a rural authority, by order, the powers of an urban authority. The following are some of the matters in relation to which sanitary authorities have jurisdiction* : — ' (a) powers possessed by both urban and rural authorities : — sewerage, drainage and water supply ; scavenging, cleansing, and the pre- vention and suppression of nuisances ; prevention and notification of infectious disease ; provision of hospitals,! mortuaries and cemeteries ; • Some of the Acts administered by sanitary authorities are adoptive only, i.e., they are in force only in districts where they are adopted. Such are the Infectious Disease (Notification) Act, 1889 (52 & 53 Vict. c. 72), the Infectious Disease (Prevention) Act, 1890 (53 & 54 Vict. c. 34), the Public Health Acts Amendment Act, 1890 (53 & 54 Vict. c. 59), Part III (Working-Class Lodging Houses) of the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), and the Private Street Works Act, 1892 (55 & 56 Vict. c. 57). t As regards the provision of hospitals, see the Isolation Hospitals Act, 1803 (56 & 57 Vict, c 68). 76 THE LOCAL GOVERNMENT ACT, 1894, regulation of lodging-houses ; housing of the working classes (un- healthy dwelling-houses, working class lodging-houses, i.e. Parts II and III of the Act of 1890) ; unsound food ; adulteration of food and drugs ; provision of allotments ; sanitary regulation of factories and workshops ; prevention of the pollution of streams ; registration and regulation of canal boats : (b) powers possessed by urban authorities only :— regulation of offensive trades ; maintenance of highways ; housing of the working classes (un- healthy areas, i.e. Part I of the Act of 1890) ; regulation of streets and buildings ; lighting ; prevention of fires ; provision of parks, markets, baths and washhouses, libraries, museums, &c. ; technical education ; regulation of tramways, omnibuses and hackney carriages, INTRODUCTION. 77 The same powers will be possessed by Urban and rural district councils respectively under the new Act. This Act not only does not take away the power of the Local Government Board to issue orders conferring urban powers on rural authorities, but it enables them (s. 25) to issue such orders on the application of a parish or county council, whereas formerly an urban powers order could only be applied for by the rural sanitary authority, or by a number of persons representing one-tenth of the net rateable value of the district, or of any con- tributory place therein.* The Local Government Board may also make (jeneral orders giving to every rural district council any powers of an urban sanitary authority under the Public Health or other Acts. The regulation of streets and buildings is one matter, the impor- tance of which increases every year wdth the increase of population, and which might, as it seems to us, very well be dealt with by a general order in this way. Orders on this subject are continually being applied for by rural sanitary authorities, as is shown by the reports of the Local Government Board ; and there are other matters, also, in regard to which it is difficult to understand why rural authorities should not have the same powers as urban authorities. Under the Highways and Locomotives (Amend- • 38 & 39 Vict. c. 55, s. 276. 78 THE LOCAL GOVERNMENT ACT, IS'Ji. ment) Act, 1878 (41 & 42 Vict. c. 77), about forty rural sanitary authorities have been invested with the powers of highway boards with regard to the control and maintenance of the highways within their districts. Under the new Act (s, 25) every rural district council will be the highway authority for the district for which it is elected ; and for this purpose sections 144 to 148 of the Public Health Act, 1875, are made to apply. The effect of these sections is as follows : — Section 144 vests in the rural district council all the powers, duties, and liabilities of surveyors of highways, and of the inhabitants in vestry assembled under the Highway Acts. Rcction 145 provides for the recovery of higliway rates outstanding at the date when the district council take over the powers of the survej'ors. Section 14G enables the district council to agree as to the making of new roads, to be repaired after completion at the public expense. Section 147. The district council may construct or adopt public bridges, &c., over or under canals, railways, or tramways. Section 148. They may enter into agreements as to the repair, cleansing, &c., of certain streets and roads. The operation of section 25 as regards highway matters may, however, bo postponed in the case of any particular county or part of a county for three years, or more, from the " appointed day."* This clause does not apply to main roads, the management of which by the county coi ncil, sub- ject to the provisions of the Local Government * As to the " appointed day," see page 102 2)ost. INTIIODUCTION. 79 Act, 1888, \Yill not be interfered with by the present Act. Other new powers which are given by the Act of this year to all district councils, urban and rural alike, are set out in sections 26 and 27. The former section makes it their duty to protect public rights of way, and prevent as far as possible the stopping or obstruction of rights of way where this would be prejudicial to the district. It is also their duty to prevent encroachments on roadside wastes. There will be an appeal to the county council if a public right of way is stopped or obstructed, or an encroachment on the roadside wastes takes place, and the district council fail to perform their duty, notwithstanding the representations of the parish council in the matter. The effect of such an appeal will be to enable the county council to transfer to themselves the powers of the district council in the matter, and take any proceedings to enforce the rights of the public which the district council might have taken. The expenses will be recoverable from the district council under s. 63. Section 26 also contains provisions with regard to commons. These enable any district council, with the consent of the county council, to aid persons in maintaining rights of common, where the extinction of those rights would be prejudicial to the inhabitants of the district. They are like- Nvise empowered, with the consent of the county 80 Tlie LOCAL GOVERNMENT ACT, 1804. council, to appear on any application to the Board of Agriculture under the Commons Act, 187G, for the regulation or inclosure of a common within their district, and to make representations as to the expediency or otherwise of the application, regard being had to the health, comfort, and con- venience of the inhabitants of the district. They may contribute towards the cost of the improve- ment of the common, and purchase common rights, and in certain cases they may be invested with powers of management of commons. This is a very useful extension of the provisions of section 8 of the Commons Act, which hitherto has onlv been applicable to commons in or near towns with not less than 5,000 inhabitants.* Following the precedent set in the Bill of 1888, Section 27 transfers to district councils certain administrative powers of the justices. These powers relate to^ (a) the licensing of agricultural gang-masters ; (6) the grant of pawnbrokers' certificates j (c) the licensing of game-dealers ; {(1) the grant of licences for passage brokers and emigrant runners ; (c) the abolition of fairs and alteration of fair days ; {/) the execution as local authority of the * See also some powers of parish councils iu oolinectiou with Commons, referred to at page iO ante. INTRODUCTION. 81 Acts relating to petroleum and infant life protection ; and () parish meetings in parishes which have not parisli councils ; and (c) district councils other than the town councils of boroughs, will, like the accounts of county councils, guardians and other local authorities at the present time, be audited {see section 58) by the district auditors appointed by the Local Government Board. The audits are to be held yearly, except in the case of rural district councils, where the audit is to be half-yearly. The Local Government Board audits are extremely efficient. The auditor has power to allow or disallow any item in the accounts which come before him. He can surcharge members of local authorities with illegal expenditure which they have authorised, and any officer with sums not accounted for, or lost to the rates through careless- ness or neglect ; but there is an appeal from his decision in all cases to the Queen's Bench Division of the High Court, or to the Local Government Board. The Court can only decide as to the legality of his decision ; the Local Government Board have, in addition, the power to deal with a case on its merits, and to allow expenditure incurred bond fide, although it may not be strictly legal. The cost of H 2 100 Till-: LOCAL OOVliUKMliNi: ACT, 1891. the audit is defrayed, in part, by means of a stamp- duty on a statutory financial statement which, at each audit, every local authority has to submit to the auditor for veriiication. All these provisions will apply to the parish and district councils and parish meetings above referred to. Borough accounts (except those of Tunbridge Wells and ]kurnemouth, which are audited by the district auditors) will, as heretofore, be audited luilf-yearly under the Municipal Corporations Act, 1882 (45 & 40 Vict. c. 50), by the borough auditors, two of whom are elected by the burgesses and one appointed by the mayor. The accounts of metropolitan vestries will be audited annually by auditors elected in the manner described at page 88. The auditors of accounts of district boards in London will continue to be elected by those boards from among the auditors for the parishes in their respective districts. In this case also the audit will be annual. Existing Officers. Section 75 enacts that the existing officers of local authorities, whose powers are transferred to parish or district councils, shall become the officers of the new councils. In the case of a separate highway parish electing a paid surveyor, that officer appears to be within the section. Vestry clerks and assistant overseers in office, when the INTRODUCTION. 101 Act comes into force (except assistant overseers appointed by the guardians), will become officers of the parish council. In no case is the transfer to affect an officer's tenure of office, and while he performs the same duties, he is not to suffer in pocket. Officers of a parish or rural sanitary district divided by the Act are to hold office for each parish or district formed by the division, their salaries being borne by the respective parishes or districts in proportion to rateable value. Orders under section 33, transferring the powers of overseers, &c., to urban district councils, metro- politan sanitary authorities and other representa- tive bodies, are to make proper provisions as to officers. Any existing officer affected by the Act will, if he suffers any direct pecuniary loss by abolition of office, or by diminution or loss of emoluments, be entitled to compensation in accordance with section 120 of the Local Government Act, 1888, which, with necessary modifications, is made applicable for the purposes of the present Act, and will be found in the Appendix to this volume. 102 THE LOCAL GOVERNMENT ACT, 1894. Commencement of Act ; the " Appointed Day." FolloAving the precedent establislied by the Act of 1888, tlie new Local Government Act names an " appointed day " for the Act to come into opera- tion. Til is (see s. 84) will not be the same for all purposes. For the purposes of elections, and of parish meetinp;s in parishes not having a parish council, it will be " the day or respective days fixed for the first elections " under the Act, " or such prior day as may be necessary for the purpose of giving notices or doing other acts preliminary to such elections " ; and for the purpose of the jjowers, duties and liabilities of councils, or other bodies elected under the Act, ''or other matters not specifically mentioned," it will be the day on which the members of such councils, or other bodies first elected under the Act, come into office. Section 84 provides that the first elections shall be held on the 8th November, 1894, or on such later date or dates in 1894 as the Local Government Board may fix, and that the persons elected shall come into office on the second Thursday after their election, or such other day, not more than seven days earlier or later, as may be fixed by or in pur- suance of the rules framed by the Local Govern- ment Board. No date other than the 8th November has yet been fixed by the Department for the elec- tions, but it seems that the new parochial register INTRODUCTION. 103 will not come into force before the 22ncl November. It is stated, however, that if the Eegistration Acceleration Bill (introduced on the 19th April) is agreed to, it will be possible to hold the first elec- tions within a few days after November 22. The- appointed day for the purpose of the transfer of the powers and duties of justices to town councils, under sections 27 and 32, will be the 1st of November, 1894 (s. 84). In connection with this clause, Mr. Fowler stated in the House of Commons* that — ■ He proposed to continue in office all existing local authorities, whether boards of guardians, London vestries, rural sanitary authorities, or whatever the local authorities might be, until the first election under this Bill liad taken place. He proposed that the people should not be put to the expense of an election in the course of the spring of this year, but the Government would ask them to have an election in the autumn of this year. » * « * rpj^g difficulty would be to complete the register * * * * so as to allow the election to take place in the month of November. * ♦ * * The Government would ask Parlia- ment to pass a short Act accelerating the registration, and, of course, providing any additional revising barristers who might be necessary. * * * * Any attempt to have the election upon the existing register would be most unsatisfactory, if not impossible. Mr. Shaw Lefevre's Bill is to give effect to this arrangement. In bringing this Introduction to a conclusion, we are conscious that many points have been omitted to which, had space allowed, it would * " Tiroes," 6th January, 1894. 104 THE LOCAL GOVERNMENT ACT, 1804. have been proper to refer. Among these the pro- visions relating to the adjustment of property and habihties, the determination of questions as to the transfer of powers, and otlier matters will readily occur to those familiar with statutes affecting local government. "We trust, however, that no salient feature has been lost sight of. Though of less bulk, the Act is much wider in scope than that of 1888, and the difficulties attending a concise statement of its effect will be appreciated on a closer study of the measure itself. The possibili- ties of so great a reform in its influence upon public life are incalculable, and whatever its im- perfections, no Act more far-reaching in this direction could have been placed upon the Statute Book than that which establishes "Parish Councils." THE LOCAL GOVEKNMENT ACT, 1894. An Act to make further provision for Local Government in England and Wales. (56 & 57 Vict. c. 73.) [5th March, 1894.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ParHament assembled, and by the authority of the same, as follows : — PAET L Parish Meetings and Parish Councils. Constitution of Parish Meetings and Parish Councils. 1. — Constitution of jMrish meetings and estahlish- ment ofimrish councils. — (1.) There shall be a parish meeting for every rural parish, and there shall be a parish council for every rural parish which has a population of three hundred or upwards : Provided 106 THE LOCAL GOVERNMENT ACT, 1894. that an order of the county council in pursuance of Part III of this Act— (a) shall, if the parish meeting; of a rural parish having a population of one hundred or up\vards so resolve, provide for estah- lishing 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 {!)) may provide for grouping a parish with some neighbouring parish or parishes under a common parish council, but with a separate parish meeting for every parish so grouped, so, however, that no parish shall be grouped without the consent of the parish meeting for that parish.* (2.) For the purposes of this Act every parish in a rural sanitary district shall be a rural parish. (3.) Where a parish is at the passing of this Act situate partly within and partly without a rural sanitary district, the part of the parish which is within the district, and the part which is without, shall as from the appointed day,t but subject to any alteration of area made by or in pursuance of this or any other Act, J be separate parishes, in like manner as if they had been constituted * The principal provisions as to grouping orders and oi-dcrs establishing parish councils with less than 300 inhabitants aro contained in ss. 38-40. t As to " the appointed day," sec s. 84. + See particularly s. 3G of the present Act, and s. 57 of the Local Government Act, 1888, a copy of which will be found in the Appendix to this volume, PARISH MEETINGS. 107 separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same.* 2. — Parish meetings. — (1.) The parish meeting for a rm-al parish shall consist of the following persons, in this Act referred to as parochial electors, t and no others, namely, the persons registered in such portion either of the local government register of electors or of the parlia- mentary register of electors as relates to the parish. (2.) Each parochial elector may, at any parish meeting, or at any poll consequent thereon, give one vote and no more on any question, or, in the case of an election, for each of any number of persons not exceeding the number to be elected. (3.) The parish meeting shall assemble at least once in every year, J and the proceedings of every parish meeting shall begin not earlier than six o'clock in the evening. (4.) Subject to the provisions of this Act as to any particular person being the chairman of a * (39 & 40 Vict. c. 61 ; 42 & 43 Vict. c. 54 ; 45 & 46 Vict. c. 58.) The effect of sub-section (3) is that the part of the parish within the rural sanitary district and the part without will be separate parishes for practically all civil purposes, including the appoint- ment of overseers. As to charities and the custody of documents in parishes divided by the Act, see s. 36 (3), and as to overseers and " existing officers " of such parishes, ss. 79 (11), 81. t See p. 20 of the Introduction. The same persons will constitute the electorate in the case of parish and district councillors, guardians of the poor, metropolitan vestrymen and auditors, and members of the Woolwich Local Board. See ss. 3, 20, 23, 24, 31. % The date for the meeting is fixed by Sched. I, Part I. 108 THE LOCAL GOVEnNMENT ACT, 1804. parish meeting, the meeting may choose their own chairman.* (5.) A \w\\ consequent on a parish meeting shall be taken In- l)allot.t (().) The reasonable expenses of and incidental to the holding of a parish meeting or the taking of a poll consequent thereon shall be defrayed as hereinafter provided. t (7.) With respect to parish meetings the pro- visions in the First Schedule to this Act shall have effect. 3. — Coiiatititiion of parish connril. — (1.) The parish council for a rural parish shall be elected from among the parochial electors of that parish or persons who have during the whole of the twelve months preceding the election resided in the parish, or within three miles thereof, and shall consist of a chairman and councillors, and the number of councillors shall be such as may be fixed from time to time by the county council, not being less tlian five nor more than lifteen. (2.) No person shall be disqualified by sex or marriage for being elected or being a member of a parish council. § * Wlicn present, the chairman of the parish council will usually l)c the chairman of the parish meeting (s. 45). t The poll will be conducted in accordance with rules framed hy tlie Local Government Board. It must always be open between 6 and 8 p.m. (ss. 3, 48). J The expenses are to be paid by the parish council (if any) under s. 11, and are to include any expense or damage to which s. 4 (2) applies. § See, as to disqualifications, s. 46 of this Act. In certain cases the disqualification of a parish councillor, or of a candidate for election as such, may be removed by the county council. {See s. 46 (3).) t>AllISll COUNCILS. 109 (B.) The term of office of a parish councillor shall be one j'ear, (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 coun- cillors 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 councils hall in every year, on or within seven days after the ordinary day of coming into office of councillorst hold an annual meeting. (8.) At the annual meeting, the parish council shall elect, from their own body or from other persons qualified to be councillors of the parish, a chairman, who shall, unless he resigns, or ceases to be qualified, or becomes disqualified, continue in office until his successor is elected, t (9.) Every parish council shall be a body corporate by the name of the parish council, with the addition of the name of the parish, or if there is any doubt as to the latter name,'^ of such name as the county council after consultation with the * The election ^Yill take place at a parish meeting or at a poll consequent thereon. With regard to the rules referred to in the next sub-section, see s. 48. t i.e., the 15tli April. {See sub-section (4).) X He may resign under s. 47. For the disqualifications under the Act, see s. 46. Under Rule (11) of Schedule I, Part II, the council may elect (from their own body) a vice-chairman. § There would be a doubt in any case where a parish was divided under s. 1. 110 THE LOCAL GOVfillNMENT ACT, 1891. parish meeting of the parish direct, and shall have perpetual succession, and may hold land for the purposes of their powers and duties without licence in niortniain ; and any act of the council may he si;4nilied l)y an instrument executed at a meeting of the council, and under the hands or, if an instrument under seal is required, under the hands and seals, of the chairnuui presiding at the meeting and two other memhers of the council. (10.) With respect to meetings of parish councils the provisions in the First Schedule to this Act shall have effect. 4,— Use of schoolroom.— (1.) In any rural parish* in which there is no suitahle puhlic room vested in the parish council or in the chairman of a parish meeting and the overseers which can be used free of charge for the purposes in this section meii- tioned, 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 — (rt) the parish meeting or any meeting of the parish council ; or {!)) any inquiry for parochial purposes by the Local Government Board or any other Government department or local authority ; or (r) holding meetings convened by the chair- man of the parish meeting or by the parish council, or if as to allotments in the manner prescribed by the Allotments Act, 1890, or otherwise as the Local * Note that this section does not apply to parishes in urban districts. USE OP SCHOOLS. Ill CTOvernment Board may by rule prescribe, to discuss any question relating to allot- ments, under the Allotments Acts, 1887 and 1890, or under this Act ; or [d) the candidature of any person for the district council or the parish council ; or {e) any committee or officer appointed, either by the parish meeting or council or by a county or district council, to administer public funds within or for the purposes of the parish any suitable room in the schoolhouse of any public elementary school receiving a grant out of moneys provided by Parliament, and any suitable room the expense of maintaining which is payable out of any local rate :* Provided that this enactment shall not authorise the use of any room used as part of a private dwelling-house, nor authorise any interference with the school hours of an elementary day or evening school, nor, in the case of a room used for the administration of justice or police, with the hours during which it is used for these purposes. (2.) If, by reason of the use of the room for any of the said purposes, any expense is incurred by the persons having control over the room, or any damage is done to the room or to the building of which the room is part or its appurtenances, or the furniture of the room or the apparatus for instruc- tion, the expense or damage shall be defrayed as * Precedents for the use of sclioolrooms and other rooms which are maintained at tlie cost of the rates are to be found in the Ballot Act, 1872 (35 & 36 Vict. c. 33, s. 6), and the Allot- ments Acts, 1887 & 1890 (50 & 51 Vict. c. 48, s. 9 ; 53 & 54 Vict. c. 65, s. 5). 112 THE LOCAL GOVERNMENT ACT, 18t)4. part of the expenses of the parish meeting or parish council* or inquiry as the case nia}' be : l>at when the meeting is called for the purpose of the candidature of any person, such expense or damage sliall be reim1)ursod to the parish meeting or the parish council In- the persons by whom or on whose behalf the meeting is convened, (3.) If any question arises under this section as to what is reasonable or suitable, it may be determined, in the case of a schoolhouse by the Ivhu-ation Department, in the case of a room used for the administration of justice or police by a Secretary of State, and in any other case by the Local Government Board. Puucrs and Duties of Parish Councils and Pariah Mcetim/.t. 5. — Paris!) couiidl to appoint overseers. — (1.) The power and duty of appointing overseers of the poor, and the power of appointing and revoking the appointment of an assistant overseer, for every rural parish having a parish council, shall be transferred to and vested in the parish council, and that council shall in each year, at their annual meeting, appoint the overseers of the parish, and shall as soon as may be fill any casual vacancy occurring in the oitice of overseer of the parish, and shall in either case forthwith give written notic3 thereof in the prescribed form to the board of guardians. t * i.e. as provided by s. 11. t If the guardians do not receive notice within three weeks after tlie 15th April, or after the occurrence of a vacancy, they are to make the appointment or iiil the vacancy themselves (s. 50). POWERS OF PARISH COUNCIL. 113 (2.) As from the appointed day — • (rt) the churchwardens of every rural parish shall cease to be ovei seers,* and an additional number of overseers may be appointed to replace the churchwardens, and (h) references in any Act to the churchwardens and overseers shall, as respects any rural parish, except so far as those references relate to the affairs of the church, be con- strued as references to the overseers, and ((') the legal interest in all property vested either in the overseers or in the church- wardens and overseers of a rural parish, other than property connected with the affairs of the church, or held for an ecclesiastical charity, shall, if there is a parish council, vest in that council, subject to all trusts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers, if any, as are requisite for giving effect to this enactment. t 6. — Transfer of certain powers of vestry and other authorities to parish council. — (1.) Upon the parish council of a rural parish coming into office, there shall be transferred to that council : — (a) The powers, duties, and liabilities of the vestry of the parish except — * Cliurcliwardens are at present ex -officio overseers by virtue of 43 Eliz. c. 2. t See 59 Geo. Ill, c. 12, s. 17, by which parish property is vested in the churchwardens and overseers for the time being. " Ecclesiastic^.1 charity " is defined by s. 75. I 114 THE LOCAL (X)VERNMENT ACT, 1894. (i.) so far as relates to the affairs of the church or to ecclesiastical charities ; and (ii.) any power, duty, or lial)ility transferred by tins Act from the vestry to any other autliority :* (h) The powers, duties, and liabilities of the churclnvardens of the parish, except so far as they relate to the affairs of the church or to charities, or are powers and duties of overseers, but inclusive of the obligations of the churchwardens with respect to maintaining and repairing closed churchyards wherever the expenses of such maintenance and repair are re- payable out of the poor rate under the Burial Act, 1855 :t Provided that such obligations shall not in the case of any particular parish be deemed to attach, unless or until the churchwardens subse- quently 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. ((") The powers, duties, and liabilities of the overseers or of the churchwardens and overseers of the parish with respect to — (i.) appeals or ol)jections l)y them in respect of the valuation list, or appeals in respect of the poor rate, or county * i.e. to the parish meeting, or to the rural district council under s. 25. t (18 & 19 Vict. c. 128.) Sec page 35 of our Tutroduction, POWERS or PARISH COUNCIL. 115 r.ate, or the basis of the county rate ;* and (ii.) the provision of parish books and of a vestry room or parochial office, parish chest, fire engine, fire escape, or matters relating thereto ;f and (iii.) the holding or management of parish property, not being property relating to affairs of the church or held for an ecclesiastical charity, and the holding or management of village greens, or of allotments, whether for recreation grounds or for gardens or otherwise for the benefit of the inhabitants or any of them,:j: (d) The powers exerciseable with the approval of the Local Government Board hy the board of guardians for the poor law union comprising the parish in respect of the sale, exchange, or letting of any parish property. § * As to objections and appeals by overseers against valuation lists, see 25 & 26 Vict. c. 103, ss. 18, 32. Notices of appeals against poor rates are to be given to the churchwardens and overseers (17 Geo. II, c. 38, s. 4 ; 41 Geo. Ill, c. 23, s. 4 ; 6 & 7 Will. IV, c. 96, s. 6). As to appeals against the county rate and the basis of that rate, see 15 & 16 Vict. c. 81, ss. 17-19, 22. t As to the several matters mentioned in this paragraph, see 58 Geo. II, c. 69, s. 2 ; 13 & 14 Vict. c. 57, ss. 1-5 ; 24 & 25 Vict. c. 125 ; 30 & 31 Vict. c. 106, s. 29. t See8&9 Vict. c. 118, ss. 73-75, 92, 108-112 ; 2 & 3 Will. IV, c. 42 ; 20 & 21 Vict. c. 31, s. 12 ; 36 & 37 Vict c. 19 ; 39 and 40 Vict. c. 56, and page 37 of the Introduction. % See 5 & 6 Will. IV, c. 69, s. 3. For the consent of the .owners and ratepayers now required under that Act, s. 52 substitutes the consent of the parish meeting. 110 THE LOCAL GOVERNMENT ACT, 1804. (2.) A parish council shall have the same power of making any complaint or representation as to unhealthy dwellings or ohstructive buildings as is conferred on inhahitant householders by the Housing of the Working Classes Act, 1890,* hut without prejudice to the powers of such liouse- holders, (3.) A parish council shall have the same power of making a representation with respect to allotments, and of applying for the election of allotment managers, as is conferred on parliamen- tary electors by the Allotments Act, 1887, or the Allotments Act, 1890, but without prejudice to the powers of those electors, (4.) Where any Act constitutes any persons wardens for allotments, or authorises or requires the appointment or election of any wardens committee or managers for the purpose of allot- ments, then, after a parish council for the parish interested in such allotments comes into office, the powers and duties of the wardens, committee, or managers shall be exercised and performed by the parish council, and it shall not be necessary to make the said appointment or to hold the said election, and for the purpose of section sixteen of the Small Holdings Act, 1892, two members of the parish council shall be substituted for allot- ment managers or persons appointed as allotment managers. t * (53 & 54 Vict. c. 70.) Sec p. 38 of the Introduction. t S. 16 of the Small Holdings Act (55 & 56 Vict. c. 31) provides for the delegation by tlie county council of the management of small holdings to a committee consisting partly of allotment managers under the Allotments Act, 1887, -or persons appointed in like manner as allotment managers. The incumbent, one churcliwardcn and two ratepayers arc constituted Lowers op pahish council. 117 7. — Transfer of iioicers under Adoptive Acts. — (1.) As from the appointed day, in every rural parish the parish meeting shall, exclusively, have the 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, — (a) The Lighting and Watching Act, 1833 ; {h) The Baths and Washhouses Acts, 1846 to 1882 * (c) The Burial Acts, 1852 to 1885 ; {d) The Puhlic Improvements Act, 1860 ; {e) The Public Libraries Act, 1892.* (2.) Where under any of the said Acts a par- ticular majority is required for the adoption or abandonment of the Act, or for any matter under such Act, the like majority of the parish meeting or, if a poll is taken, of the parochial electors, shall be required, and where under any of the said Acts the opinion of the voters is to be ascertained by voting papers, the opinion of the parochial electors shall be ascertained by a poll taken in manner provided by this Act. (3.) Where under any of the said Acts the con- sent or approval of, or other act on the part of, wardens for the management of allotments for the labouring poor (8 & 9 Vict. c. 118, s. 108). The vestry appoint annually a committee for the purposes of fuel allotments under 2 & 3 Will. IV, c. 42 (36 & 37 Vict. c. 19). Allotment managers are either appointed by the sanitary authority under s. 6 or elected by the parliamentary electors under s. 9 of the Act of 1887. * (3 & 4 Will. 4, c. 90.— 9 & 10 Vict. c. 74 ; 45 & 46 Vict. c. 30. —15 & 16 Vict. c. 85 ; 48 & 49 Vict. c. 21.— 23 & 24 Vict. c. 30. —55 & 56 Vict. c. 53.) We have dealt somewhat in detail with these Acts in our Introduction, pp. 42 to 45. 118 THE LOCAL GOVERNMENT ACT, 1894. the vestry of a rural parish is required in relation to any expense or rate, the parish meeting shall be substituted for the vestry, and for this purpose the expression "vestry" shall include any meeting of ratepa^'ers or voters. (4.) Where tliere is power to adopt any of the Adoptive Acts, for a part only of a rural parish, the Act may be adopted by a parish meeting held for that part.* (;■).) "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 liabilites of that authority shall, on the parish council coming into office, be transferred to that council.! (().) This Act shall not alter the incidence of charge of any rate levied to defray expenses in- curred under any of the Adojitive Acts, and any such rate shall be made and charged as heretofore, and any property applicable to the payment of such expenses shall continue to be so applicable. (7.) When any of the Adoptive Acts is adopted for the whole or part of a rural parish after the appointed day, and the parish has a parish council, the parish council shall be the authority for the execution of the Act. (8.) For the purposes of this Act the passing of a resolution to provide a burial ground under the Burial Acts, 1852 to 1885, shall be deemed an adoption of those Acts. * As to parisli meetings for parts of parishes see s. 49. t Areas under any authority whicli are not co-cxteusive with the parish are iirovided for hy s. 53. Tlie same section provides for the alteration of the boundaries of areas under these authorities. Powehs of parish council. 119 8. — Additional powers of parish council.- — (1.) A parish council shall have the following additional powers, namely, power — ■ (a) to provide or acquire buildings for public offices and for meetings and for any pur- poses connected with parish business or with the powers or duties of the parish council or parish meeting; and {h) to provide or acquire land for such build- ings and for a recreation ground and for public walks ;* and ((') to apply to the Board of Agriculture under section nine of the Commons Act, 1876 ;t and (d) to exercise with respect to any recreation ground, village green, open space, or pub- lic 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 forty-four of the Public Health Acts Amendment Act, 1890, in relation to recreation grounds or public walks, and sections one hundred and eighty-three to one hundred and eighty-six of the Public Health Act, 1875, t shall apply accord- ingly as if the parish council were a local * As to the acquisitiou of land for the purposes of the parish council, see s. 9. t 39 & 40 Vict. c. 5G. + Ss. 183 to 18G of the Public Health Act, 1875, relate to the making and confirmation of byelaws. The Local Government Board have issued model byelaws vinder s. 164 of that Act. 1"20 THE LOCAL GOVERNMENT ACT, 1894. authority within the meaning of those Bections, and (e) to utiUse any Avell, spring, or stream within tlioir parish and provide facihties for obtaining ^Yater therefrom, but so as not to interfere with the rights of any cor- poration or person ;* and (j) to deal witli any pcnd, pool, open ditch, drain, or place containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority ;* and {(j) to acquire by agreement any right of way, whether witliin their parish or an adjoin- ing parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof! ; and (/() to accept and hold any gifts of property, real or personal, for the benefit of the inhabitants of the parish or any part thereof; and (/) to execute any works (including works of maintenance or improvement) incidental to or consequential on the exercise of any of the foregoing powers, or in relation to * These two paragraphs should be read with subsection (3) and s. IG. The council cannot acquire laud for water supply compulsorily (s. 9 (15) ). t Other provisions as to rights of way are contained in ss. 13, 19, 2G. The council cannot i;se compulsory powers for acquir- ing rights of way (s. 9 (15) ). POWERS OF PARISH COUNCIL. 121 any parish property, not being property relating to affairs of the church or hekl for an ecclesiastical charity ; and (k) 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 con- sent 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. t * 16 & 17 Vict. c. 137 ; 54 & 55 Vict. c. 17. t See the Commons Act, 1876 (39 & 40 Vict. c. 56). 122 THE LOCAL GOVERNMENT ACT, 1894. 9. — Poircrsjur acquisition of land. — (1.) For the purpose of the acquisition of land by a parish council the Lands Clauses Acts shall be in- corporated M-ith this Act, except tlie provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section one hundred and seventy-eight of the Public Health Act, 1875, shall apply as if the parish council were referred to therein.* (2.) If a parish council are unable to accpiire 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 representation, or on any proceeding under the Allotments Acts, 1887 and 1890, ■• a county council are satisfied that suitable land for the said purpose of the parish council or for the purpose of allotments (as the case may be), cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances are such as to justify the county council in pro- ceeding under this section, they shall cause such public inquiry to be made in the parish, and such notice to be given both in the parish and to the owners, lessees, and occupiers of the land proposed to be taken as may be prescribed, :J: and all persons interested shall be permitted to attend at the * This merely enables the Duchy of Lancaster to sell laud to the parish council. t 50 & 51 Vict. c. 48 ; 53 & 54 Vict. c. G5. X "Proscribed" nicaus prescribed by order of the Local Government Board (s. 75). Section 9 (7) contemplates the issue by the Board of "regulations" for the purposes of this section. ACQUISITION OF LAND. 123 inquiry, and to support or oppose the taking of the land. (4.) After the completion of the inquiry, and considering all objections made by any persons interested, the county council may make an order, for putting in force, as respects the said land or any part thereof, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement. (5.) If the county council refuse to make any such order, the parish council, or, if the proceed- ing is taken on the petition of the district council, then the district council, may petition the Local Government Board, and that Board after local inquiry may, if they think proper, make the order, and this section shall apply as if the order had been made by the county council. Any order made under this subsection overruling the decision of the county council shall be laid before Parlia- ment by the Local Government Board. (6.) A copy of any order made under this section shall be served in the prescribed manner, together with a statement that the order will become final and have the effect of an Act of Parliament, unless within the prescribed period a memorial by some person interested is presented to the Local Govern- ment Board praying that the order shall not become law without further inquiry. (7.) The order shall be deposited with the Local Government Board, who shall inquire whether the provisions of this section and the prescribed regulations have been in all respects complied with ; and if the Board are satisfied that this has been done, then, after the prescribed period— (a) If no memorial has been presented, or if 124 THE LOCAL GOVERNMENT ACT, 1894. every such memorial has been withdrawn, the Board shah, Avithout further inquiry-, confirm the order :* {h) If a memorial has been presented, the Local (lovernment Board shall proceed to hold a local inquiry, and shall, after such mquiry, either conhrm, with or without amendment, or disallow the order : {<■) Upon any such conlirnuition the order, and if amended as so amended, shall become Ihuil and have the eilcct of an Act of Parliament, and the confirmation by the Local Government Board shall be con- clusive evidence that the requirements of this Act have been complied with, and that the order has been duly made, and is within the powers of this Act. (8.) Sections two hundred and ninety-three to two hundred and ninety-six, and subsections (1) and (2) of section two hundred and ninety-seven of the Public Health Act, 1875, t shall apply to a * Til a case where iio memorial is presented, or the memorial is witiidraAvn, the Board, assuming that the order has been duly made in accordance with the Act and regulations, will have no altci-nativc hut to confirm the order ; they cannot amend it. lint, under paragraph (6), if a memorial is presented the Board, in confirming the order, may amend it, or they may disallow it. t Section 293 gives tlie Board power to direct inquiries. Section 294 enables them to make orders as to the costs of inquiries, and tiic parties by whom the costs are to be borne. Section 295. Orders of Board conclusive, and to be publislied. Section 29G. Powers of Board's inspectors as to examina- tion, &c. of witnesses, production of documents, &c. Section 297. (1.) Order not to be made by Board without previous advertisement in local ncjwspaper. (2.) Before making order, inquiry to be held aud objections considered. ACQUISITION OF LAND. 125 local inquiry held by the Local Government Board for the purposes of this section, as if those sections and subsections were herein re-enacted, and in terms made applicable to such inquiry. (9.) The order shall be carried into effect, when made on the petition 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 Eailways 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 Allot- ments Act, 1887, and provisoes (a), (h), and (c) of subsection (4) of that section are incorporated with this section and shall apply accordingly :-|- Provided that in determining the amount of dis- puted compensation, the arbitrator shall not make any additional allowance in respect of the purchase being compulsory. (11.) At any inquiry or arbitration held under this section the person or persons holding the inquiry or arbitration shall hear any authorities or parties interested by themselves or their agents, * (8 & 9 Vict. c. 20.) These sections prevent the working of mines under or near a railway, in such a way as to cause damage to the latter, while at the same time they provide for compensation to the owner for any loss which he may sustain through their provisions. + Any question of disputed compensation is under s. 3 of the Act of 1887 to be referred to a single arbitrator appointed by the parties, or, if they do not agree, by the Local Government "Board. 12G THE LOC.VL GOVERNMENT ACT, 1894. and shall hear witnesses, but shall not, except in such cases as may be prescribed, hear counsel or expert witnesses. (12.) The person or persons holding a publiiC inquiry for the purposes of this section on behalf of a county council shall have the same powers as an inspector or inspectors of the Local Government Board when holding a local inquiry ; and section two hundred and ninety-four of the Public Health Act, 1875,* shall apply to the costs of inquiries held by the county council for the purpose of this section as if the county council were substituted for the Local Government Board. (13.) Subsection (2) of section two, if the land is taken for allotments, and, whether it is or is not so taken, subsections (a), ((5), (7), and (8) of section three of the Allotments Act, 1887, and section eleven of tliat Act, and section three of the Allot- ments Act, 1800, are incorporated with tliis section, and shall, with the prescribed adaptations, apply accordingly. t * See note to subsection (8). t These enactments ai-e to the following effect : — Allotments Act, 1887. Section 2 (2). Land not to be acquired except at such price that the expenses may reasonably be expected to be recouped out of the rents obtained for the allotments. Section 3 (5). [Construction of enactments.] (6). An order for compulsory purchase not to be made as respects land required for the amenity or convenience of a dwelling-house, or huid belonging to and required by a railway or canal company. As far as practicable, the taking an undue or inconvenient quantity of land from any one owner is to be avoided. (7). Persons are authorised to lease land for not ■ more than tliirty-fivo years. ACQUISITION OF LAND. 127 (14.) Where the land is acquired otherwise than for allotments, it shall be assured to the parish council ; and any land purchased by a county council for allotments under the Allotments Acts, 1887 and 1890, and this Act, or any of them, shall be assured to the parish council, and in that case sections five to eight of the Allotments Act, 1887,* shall apply as if the parish council "were the sanitary authorit}'. (15.) Nothing in this section shall authorise the parish council to acquire otherwise than b}^ agree- ment any land for the purpose of any supply of ■v\'ater, or of any right of way.f (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.§ (8). No order to be made for purchasing any right to coal or metalliferous ore. Section 11. [Sale of sujDerfluous or unsuitable land.] Allotments Act, 1890. Section 3. County council to appoint a standing committee for the purposes of allotments. * These sections relate to the improvement and adaptation of the land for allotments, the management, letting and use of allotments, and the recovery of rent and possession from allottees. t See s. 8, subsection (1). + See s. 12 of the Act of 1887. § i.e. they may petition if after a representation by the parish pouncil or by six parliamcn tary electors or ratepayers, the district 128 THE LOCAL GOVERNMENT ACT, 1894. (18.) This section shall apply to a county borough with the necessary modifications, and in particular with the modification that the order shall be both made and confirmed by the Local Government Board and shall be carried into effect by the council of the count}^ borough. (19.) The expenses of a county council incurred under this section shall be defrayed in like manner as in the case of a local inquiry by a county council under this Act.* 10. — Hirinfi of land for allotments. — (1.) The parish council shall have power to hire land for allotments, and if they are satisfied that allotments are required, and are unable to hire by agreement on reasonable terms suitable land for allotments, they shall represent the case to the county council, and the county council may make an order authorising the parish council to hire compulsorily for allotments, for a period not less than fourteen 3'ears nor more than thirty-five years, such land in or near the parish as is specified in the order, and the order shall, as respects confirmation and otherwise, be subject to the like provisions as if it were an order of the county council made under the last preceding section of this Act, and that section shall apply as if it were herein re-enacted with the substitution of " hiring" for "purchase" and with the other necessary modifications. (2.) A single arbitrator, who shall be appointed in accordance with the provisions of section three council fail to acquire sufficient laud of a suitable character for allotments. * i.e. as provided by section 72. ALLOTMENTS : HlRfNGF OF LAND; 129 of the Allotments Act, 1887,* and to whom the provisions of that section shall apply, shall have power to determine any question — (rt) as to the terms and conditions of the hiring ; or {h) as to the amount of compensation for severance ; or (r) as to the compensation to any tenant upon the determination of his tenancy ; or (r/) as to the apportionment of the rent be-* tween the land taken by the parish council and the land not taken from the tenant ; or {c) as to any other matter incidental to the hiring of the land by the council, or the surrender thereof at the end of their tenancy ; but the arbitrator in fixing the rent shall not make- any addition in respect of compulsory hiring. (3.) The arbitrator, in fixing rent or other com- pensation, shall take into consideration all the circumstances connected with the ■ land, and the use to which it might otherwise be put by the owner during the term of hiring, and any de- preciation 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 with- drawal from the holding of the land hired by the parish council shall as far as possible be provided * i.e. by the parties, or, if tiie parties do not agree, by the Local Government Board. K 130 TIHC LOCAL GOVERNMENT ACT, 1894. for l)y tuking such compensation into account in iixing, as the case may require, the rent to be paid l)y the parish council for the land hired l)y them, and the apportioned rent, if any, to ho paid l)y tlic tenant for that portion of the holding which is nut hired l)y the parish council. (.5.) The award of the arbitrator or a copy thereof, together with a report signed ])y hhii as 10 the condition of the land taken by the parish council, shall bo deposited and preserved with the public books, writings, and papers of the parish,* and the owner for the time being of the land shall at all reasonable times be at liberty to inspect the same and to take copies thereof. (G.) Save as hereinafter mentioned, sections five to eight of the Allotments Act, 1887, f 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 — (rt) may let to one person an allotment or allotments exceeding one acre,+ but, if the land is hired compulsorily, not ex- ceeding in the whole four acres of pasture 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 (r) shall not break up, or permit to be broken up, any permanent pasture, without the assent in writing of the landlord. * The deposit of the public books, writiugs, &c., of the pai-ish is provided for iu s. 17. t See note to section 9 (14). X One aero was the limit under the Act of 1887. § Such buildings were not pcnuittcd by tlic Act of 1887. ALLOTMENTS '. HIRING OF LAND. 131 (7.) On the determination of any tenancy created by compulsory hiring a single arbitrator who shall be appointed in accordance with the provisions of section three of the Allotments Act, 1887,* shall have power to determine as to the amount due by the landlord for compensation for improvements, or by the parish council for depreciation, but such compensation shall be assessed in accordance with the provisions of the Agricultural Holdings (England) Act, 188B.t (8.) The order for compulsory hiring may apply, with the prescribed adaptations, such of the pro- visions of the Lands Clauses Acts (including those relating to the acquisition of land otherwise than by agreement) as appear to the county council or Local Government Board sufficient for carrying into effect the order, and for the protection of the persons interested in the land and of the parish council. (9.) Nothing in this section shall authorise the compulsory hiring of any mines or minerals, or confer any right to take, sell, or carry away any gravel, sand, or clay, or authorise the hiring of any land which is already owned or occupied as a small holding within the meaning of the Small Holdings Act; 189'24 (10.) If the land hired under this section shall at any time during the tenancy thereof by the parish council be shown to the satisfaction of the county council to be required by the landlord for the purpose of working and getting the mines, minerals, or surface minerals thereunder, or for any road or work to be used in connexion with such * See note to subsection (2). f 4G & 47 Vict. c. Gl, X 55 & 56 Vict. c. 31. K 2 132 TUE LOCAL GOVEHNMlilNT ACt, 1804. Morkinp; or ^ettinp:, it shall be lawful for tlie land- lord of such land to resume possession thereof upon giving to the parish council twelve calendar months' previous notice in writing of his intention BO to do, and upon such resumption the landlord shall pay to the parisli council and to the allot- ment holders of the land for the time being such sum by w^ay of compensation for the loss of such land for the purposes of allotments as may be agreed upon by the landlord and the parish council, or in default of such agreement as may be awarded by a single arbitrator to be appointed in accordance with the provisions of section three of the Allotments Act, 1887,* and the provisions of that section shall apply to such arbitrator. The word " landlord " in this subsection means the person for the time being entitled to receive the rent of the land hired by the parish council. (11.) The Local Government Board shall annually lay before Parliament the report of any proceed- ings under this and the preceding section. 11. — Restrictions on expenditure. — (1.) A parish council shall not, without the consent of a parisli meeting, incur expenses or liabilities which will involve a rate exceeding threepence in the pound for any local financial year,t 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 w^ill involve a loan. (3.) The sum raised in anv local financial vear * Sec note to subsection (2). + i.e. the twelve months ending the 31st March. (Local Government Act, 1888, s. 73, and s. 75 of the present Act.) BORROWING POWERS. 133 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 commence- ment of the year, and for the purpose of this enactment the expression " expenses " includes any annual charge, whether of principal or interest, in respect of any loan. (4.) Subject to the provisions of this Act, the expenses of a parish council and of a parish meet- ing, including the expenses of any poll, shall be paid out of the poor rate ; and where there is a parish council that council shall pay the said expenses of the parish meeting of the parish ; and the parish council, and where there is no parish council the 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 purpose of obtaining con- tributions to their common fund.* (5.) 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 meet- ing, and the proportion (if any) levied for the pur- pose of any of the Adoptive Acts. 12. — Borjvwinfi hij parish council. — (1.) A parish council for any of the following purposes, that is to say — (a) for purchasing any land, or building any * See s. 4 (2) as to the expenses connected with the use of fjchool and otlier rooms for meetings. 13-1 THE LOCAL GOVEENMENT ACT, 1894. 1)uilclinjj;R, which the council are authorised to purchase or build ; and {J)) for any purpose for which the council are authorised to borrow under any of the Adoptive Acts ;* and ((■) for any permanent work or other thing which the council are authorised to exe- cute or do, and the cost of which ought, in the opinion of the county council and the Local Government Board, to be spread over a term of years ; ma}', with the consent of the county council and the Local Government Board, borrow money in like manner and subject to the like conditions as a local authority may borrow for df^fraying expenses incurred in the execution of the Public Health Acts, and sections two hundred and thirty-three, two hundred and thirty-four, and two hundred and thirty-six to two hundred and tliirty-nine of the Public Health Act, 187;"), sliall a})i)ly accordingly, f except that the mone}^ shall be borrowed on the security of the poor rate and of the whole or part of the revenues of the parish council, and except that as respects the limit of the sum to be borrowed, one half of the assessa])le value shall be substituted for the assessable value for two years. * Borrowing powers for the purposes of tho Adoptive Acts aro conferrod as follows : — Baths aud Washhouses Acts,— 9 & 10 Vict. c. 74, s. 21 ; 41 & 42 Vict. c. 14, s. 9 ; Burial Acts,— 15 & 16 Vict. c. 85, s. 20; 17 & 18 Vict, c.87, ss. 4, 5 ; 18 & I'J Vict. c. 128, s. G; 20 & 21 Vict. c. 81, s. 21 ; Public Libraries Act,— 55 & 5G Vict. c. 53, s. 19. t Tlie cfTect of these enactments is stated at page 54 of tho Introduction, FOOTPATHS AND ROADS. 135 (2.) A county council may lend to a parish council any money which the parish council are authorised to borrow, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise the money by loan, subject to the like condi- tions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may by general or special order impose.* (3.) A parish council shall not borrow for the purposes of any of the Adoptive Acts otherwise than in accordance with this Act, but the charge for the purpose of any of the Adoptive Acts shall ultimately be on the rate applicable to the purposes of that Act. 13. — Footpaths and roads,— (1.) The consent of the parish council and of the district council shall be required for the stopping, in whole or in part, or diversion, of a public right of way within a rural parish, and the consent of the parish council shall be required for a declaration that a highway in a rural parish is unnecessary for public use and not repairable at the public expense, and the parish council shall give public noticef of a reso- lution to give any such consent, and the resolution shall not operate — (a) unless it is confirmed by the parish council at a meeting held not less than two months after the public notice is given ; nor * As to borrowing hy county councils, s. GO of the Local Government Act, 1888, may be referred to. t Public notices by a parish council for the purposes of this Act are to be given as provided by s, 51. 13G THE LOCAL GOVERNMENT ACT, 1894. (J)) if a parish meeting; held before the confir- mation resolve that the consent ought not to be given. (2.) A parish council may, subject to the pro- visions of this Act with respect to restrictions on expenditure,* undertake the repair and maintenance of all or any of the public footpaths within their parish, not being footpaths at the side of a public road, but this power shall not nor shall the exer- cise thereof relieve any other authority or person from any lia))ility with respect to such repair or maintenance. 14. — Pnhlir pmpnii/ and cJiarifirs. f — (1.) Where trustees t hold any property for the purposes of a public recreation ground or of public meetings, or of allotments, whether under Inclosure Acts or otherwise, for the benefit of the inhabitants of a rural parish, or any of them, or for any public pur- pose connected with a rural parish, except for an ecclesiastical charity, I they may, with the approval of the Charity Commissioners, transfer the property to the parish council of the parish, or to persons appointed by that council, and the parish council, if they accept the transfer, or their appointees, shall hold the property on the trusts and subject to the conditions on which the trustees held the same. (2.) ^Yhere overseers of a rural parish as such are, either alone or jointly with any other persons, trustees of any parochial charity, t such number of the councillors of the parish or other persons, not * The reference is to s. 11. t The remarks at page 48 of the Introduction should be read in connection with this section. :{: See the definitions in s. 75. CHARITIES. 137 exceeding the number of the overseer trustees, as the council may appoint, shall be trustees in their place, and, when the charity is not an ecclesiastical charity, this enactment shall apply as if the church- wardens as such were specified therein as well as the overseers. (3.) Where the governing body of a parochial charity other than an ecclesiastical charity does not include any persons elected by the ratepayers or parochial electors or inhabitants of the parish, or appointed by the parish council or parish meeting, the parish council may appoint additional members of that governing body not exceeding the number allowed by the Charity Commissioners in each case ; and if the management of any such charity is vested in a sole trustee, the number of trustees may, with the approval of the Charity Commissioners, be increased to three, one of whom may be nominated by such sole trustee and one by the parish council or j^arish meeting. Nothing in this subsection shall prejudically affect the power or authority of the Charity Commissioners, under any of the Acts relating to charities, to settle or alter schemes for the better administration of any charity. (4.) Where the vestry of a rural parish are entitled, under the trusts of a charity other than an ecclesiastical charity, to appoint any trustees or beneficiaries of the charity, the appointment shall be made by the parish council of the parish, or in the case of beneficiaries, by persons appointed by the parish council. (5.) The draft of every scheme relating to a charity, not being an ecclesiastical charity, which^ effects a rural parish, shall, oji ov lief ore the 138 THE LOCAL GOVERNMENT ACT, 1894. publication of the notice of the proposal to make an order for such scheme in accordance with section six of the Charitable Trusts Act, 18G0,* be communicated to the council of the parish, and where there is no parish council to the chairman of the parish meeting, and, in the case of a council, the council may, subject to the provisions of this Act with respect to restrictions on expenditure,f and to the consent of the parish meetin;;, either sui)port or oppose the scheme, and shall for that purpose have the same right as any inhabitants of a place directl}' affected by the scheme. (G.) The accounts of all parochial charities, not being ecclesiastical charities, shall annually be laid before the parish meeting of any parish affected thereb}', and the Charitable Trusts Amendment Act, 1855,+ shall apply with the substitution in section forty-four of the parish meeting for the vestry, and of the chairman of the parish meeting for the churchwardens, and tlie names of the beneficiaries of dole charities shall be published annually in such form as the parish council, or where there is no parish council the parish meeting, think fit. (7.) The term of office of a trustee appointed under this section shall be four years, but of the trustees first appointed as aforesaid one half, as nearly as may be, to be determined by lot, shall go out of office at the end of two years from the date of their appointment, but shall be eligible for re- appointment. (8.) Tlic provisions of this section with respeol * 23 & 21 Vict. c. 136. t Section 11 contains the provisions referred to, ; 18 & 19 A^ict. c, 12'1, DEFAULT OF DISTRICT COUNCIL. 139 to the appointment of trustees, except so far as the appointment is transferred from the vestry, shall not apply to any charity until the expiration of forty years from the date of the foundation thereof, or, in the case of a charity founded before the passing of this Act by a donor or by several donors any one of whom is living at the passing of this Act, until the expiration of forty years from the passing of this Act, unless with the consent of the surviving donor or donors. (9.) Whilst a person is trustee of a parochial charity he shall not, nor shall his wife or any of his children, receive any benefit from the charit3\ 15. — Delegated potcos of parish coiuieih. — A rural district council may delegate to a parish council any power which may be delegated to a parochial committee under the Public Health Acts, and thereupon those Acts shall apply as if the parish council were a parochial committee, and where such district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those other persons shall, where there is a parish council, be or be selected from the members of the parish council. 16. — Complaint by parish council of default of district council. — (1.) Where a parish council resolve that a rural district council ought to have provided the parish with sufficient sewers, or to have main- tained existing sewers, or to have provided the parish with a supply of water in cases where danger arises to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply of water, and a proper supply can be got at a reasonable cost, or to have enforced with regard 140 THE LOCAL GOVERNMENT ACT, 1894. to the parish any provisions of the Piibhc Health Acts whicli it is their duty to enforce, and have failed so to do, or that they have failed to maintain and repair any highway in a good and substanti;il manner, the parish council may complain to the county council, and the county council, if satisfied after due inquiry that the district council have so failed as respects the subject matter of the complaint, may resolve that the duties and powers of the district council for the purpose of the matter complained of shall he transferred to the county council, and they shall be transferred accordingly.* (2.) Upon any complaint under this section the county council may, instead of resolving that the duties and powers of the rural district council be transferred to them, make such an order as is mentioned in section two hundred and ninety-nine of the Public Health Act, 1875, and may appoint a person to perform the duty mentioned in the order, and upon such appointment sections two hundred and ninety-nine to three hundred and two of the Public Health Act, 1875, shall apply with the substitution of the county council for the Local Government Board. (3.) "Where a rural district council have determined to adopt plans for the sewerage or water supply of any contril)utory place within tlio district, they shall give notice thereof to the parish council of any parish for which the works are to be provided before any contract is entered into by them for the execution of the works. 17. — Parish officers and parish (Jociiinoits. — (1.) A parish council may appoint one of their number * In connection witli subsection (1) section 63 should be read. I^ARISH OtTtCEKS. 141 to act as clerk of the council without remunera- tion . (2.) If no member of the parish council is appointed so to act, and there is an assistant over- seer, he, or such one of the assistant overseers, if more than one, as may be appointed by the council, shall be the clerk of the parish council, and the performance of his duties as such shall be taken into account in determining his salary.* (3.) If there is no assistant overseer, the parish council may appoint a collector of poor rates, or some other fit person, to be their clerk, with such remuneration as they may think fit. (4.) A parish council shall not appoint to the office of vestry clerk.f (5.) When a parish council act as a parochial committee by delegation from the district council^ they shall have the services of the clerk of the district council, unless the district council other- wise direct. (6.) The parish council may appoint one of their own number or some other person to act as treasurer without remuneration, and the treasurer shall give such security as may be required by regulations of the county council. (7.) All documents required by statute or by standing orders of Parliament to be deposited with the parish clerk of a rural parish shall, after the election of a parish council, be deposited with the clerk, or, if there is none, with the chairman, of the parish council, and the enactments with respect to the inspection of, and taking copies of, and extracts * But see 3. 81 (2). t An existing vestry clerk is provided for by s. 81 (2). J i.e. under s. 15. 1 1-i J 111-^ LOCAL GOVEIINMEN'T ACT, 1894. fi-oni, any such Jocuinents shall ajiply as if the clerk, or chairman, as tlie case may be, were mentioned therein.* (8.) The custody of the registers of l)aptisms, marriapios, and ])urials, and of all other l)Ooks and documents containing entries wholly or partly relating to the affairs of the church or to ecclesi- astical charities, except documents directed by law to l)e kept with the public books, writings, and jiapers of the parish, shall remain as provided by the existing law unaffected by this Act.f 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 l)e deposited in such custody as the parish council may direct. The incumbent and churchwardens on the one part, and the parish council on the other, shall have reasonable access to all such books, documents, writings, and papers, as are referred to in this subsection, and any difference as to custody or access shall be deter- mined by the comity council. (i).) Every county council shall from time to time inquire into the manner in which the public books, writings, papers, and documents under the control of the parish council or parisli meeting are kept with a view to tlie proper preservation thereof, and shall make such orders as they think necessary * Tlie euactmcuts referred to impose penalties for not permitting inspection, &c. t Registers of baptisms and burials are, under 52 Geo. Ill, c. 140, s. 5, to be kept by the officiating minister in the manner provided by that Act, and, under G & 7 Will. IV, c. 8G, the marriage registers are to be kept in duplicate, in books provided by the registrar-general. One copy is to be kept, with the registers of baptisms and burials, by the officiating minister. Parish wards. 143 for such preservation, and those orders shall he complied with by the parish council or parish meeting. 18. — Parish wards. — (1.) 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 of the parish is so large, or different parts of the ' population so situated, as to make a single parish meeting for the election of councillors impracticable or inconvenient, or that it is desirable for any reason that certain parts of the parish should be separately represented on the council, order that the parish be divided for the purpose of electing parish councillors into wards, to.be called parish wards, with such boundaries and such number of councillors for each ward as may be provided by the order,* (2.) In the division of a parish into wards regard shall be had to the population according to the last published census for the time being, and to the evidence of any considerable change of population since that census, and to area, and to the distribution and pursuits of the population, and to all the circumstances of the case. (3.) Any such order may be revoked or varied by the county council on application by either the council or not less than one- tenth of the parochial electors of the parish, but while in force shall have effect as if enacted by this Act. (4.) In a parish divided into parish wards there * This section will enable parishes cousistiug of several distinct communities to be fairly represented on the council. The constitution of the parish meetings for the several wards is provided for by s. 49. 144 THE LOCAL CtOVKRNMEKT ACT, IftOl. shall be a separate election of parish councillors for each ward. \Q.-^rrovislons as to S)))((]l parishes. — In a rural parish not having a separate parish council, tlie 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 parishes, have effect — (1.) At the annual assembly the parish meet- ing shall choose a chairman for the year ;f (2.) The parish meeting shall assemble not less than twice in each year ; (3.) The parish meeting may appoint a com- mittee of theii' own number for any purposes which, in the opinion of the parish meeting, would be better regulated and managed by means of such a com- mittee, and all the acts of the committee shall be sul)mitted to the parish meeting for their approval ; (1.) All powers, duties, and liabilities of the vestry shall, except so far as they relate to the affairs of the church or to ecclesi- astical charities, or are transferred by this Act to any other authority, + be transferred to the parish meeting ; (5.) The power and the duty of appointing the overseers, and of notifying the ap- pointment, and the power of appointing * As to grouping orders, sec s. 38. t The " annual assembly " will take place at the time fixed by Schod. I, Part I (1). i i.e. to the district council under s. 25. SMALL PARISHES. 145 and revoking the appointment of an assistant overseer, shall be transferred to and vest in the parish meeting, and the po^Yer given by this Act to a parish council of appointing trustees of a charity in the place of overseers or church- wardens, 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 chair- man and overseers of the parish, and shall have perpetual succession, and may hold land for the purposes of the parish without licence in mortmain ; but shall in all respects act in manner directed by the parish meeting, and any act of such body corporate shall be executed under the hands, or if an instrument under seal is required under the hands and seals, of the said chairman and overseers ; (7.) The legal interest in all property which under this Act would, if there were a j)arish council, be vested on the appointed day in the parish council! shall vest in the said body corporate of the chairman and overseers of the parish, subject to all trusts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite to give effect to this enactment ; (8.) The provisions of this Act with respect to the stopping or diversion of a public right of way, or the declaring of a high- * See ss. 5, 14. t See s. 6. L IIG THE LOCAL GOVERNMENT ACT, 1894. way to be unnecessary and not repairable at the public expense, and with respect to a complaint to a county council of a default by a district council,* shall apply, with the substitution of the parish meet- ing for the parish council ; (9.) A rate levied for defraying the expenses of the parish meeting (when added to expenses under any of the Adoptive Acts) shall not exceed sixpence in the pound in any local financial year ;t (10.) On the application of the parish meet- ing the county council may confer on that meeting any of the powers conferred on a parish council by this Act ; (11.) Any act of the parish meeting may be signified b}' an instrument executed at the meeting under the hands, or, if an instrument under seal is required under the hands and seals, of the chairman presiding at the meeting and two other parochial electors present at the meeting. * The provisions referred to are ss. 13, 16. 2G. t This differs from s. 11 (3', which applies to parishes under parish councils. In those cases the sums required for the^ Adoptive Acts can be raised in addition to Gd. in the £. GUARDIANS. 147 PART II. Guardians and District Councils. 20. — Election and qiialifteation of c/itardiajis. — As from the appointed cla}^ the following pro- visions shall apply to boards of guardians : — (1.) There shall be no ex-officio or nominated guardians : (2.) A person shall not be qualified to be elected or to be a guardian for a poor law union unless he is a parochial elector of some parish within the union, or has during the whole of the twelve months preceding the election resided in the union, or in the case of a guardian for a parish wholly or partly situate within the area of a borough, whether a county borough or not, is qualified to be elected a councillor for that borough, and no person shall be disqualified by sex or marriage for being elected or- being a guardian.* So much of any enactment, whether in a public general or local and personal Act, as relates to the qualifica- tion 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 * As to the qualifications of parochial electors sec the Intro- duction, p. 20. The qualification for a town councillor is stated p,t p. 64. As to disqualifications, see s. 46. ' L 2 148 THE Loc.u:i government act, 1894. Avards for the election of guardians, the electors of the guardians for each M'ard shall be such of the parochial electors as are registered in respect of qualifications within the ward : (4.) Each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected : (5.) The election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act by the Local Government Board :* (G.) The term of office of a guardian shall be three years, and one-third, as nearly as may be, of every board of guardians shall go out of office on the fifteenth day of April in each year, and their places shall be filled by the newly elected guardians.f Provided as follows : — (d) "Where the county council on the a})plication of the board of guardians of any union in their county consider that it would be exi:)edient 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 Ajn-il in every third year, and such order shall have full effect, and where a union is in more than one county, an order may be * Sec s. 48. t Where the mode of retirement is by one-third annually, the county council will arrange the rotation \mdcr s. GO, County DlsTfiicTg. 149 made by a joint committee of the councils of those counties ; (h) Where at the passing of this Act the whole of the guardians of any union, in pursuance of an order of the Local Government Board, retire together at the end of every third year, they shall continue so to retire, unless the county council, or a joint committee of the county councils, on the application of the board of guardians or of any district council of a district wholly or partially within the union, otherwise direct : (7.) A board of guardians may elect a chair- man 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 cx-ojficio 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.* 21. — Names of county districts and district councils. — As from the appointed day, — (1.) Urban sanitary authorities shall be called * Note that it is only on the first electiou tliat such persona are entitled to preference. 150 THE LOCAL GOVERNMENT ACT, 1894. urban district councils, and their districts sliall be called urban districts ; but nothing in this section shall alter the style or title of the corporation or council ol" a borough : ('1.) For every rural sanitary district there shall be a rural district council whose district shall be called a rural district : (;-^.) In this and every other Act of Parliament, unless the context otherwise re(iuires, the expression " district council " shall in- clude the council of every urban district, wlicthcr a borough or not, and of every rural district, and the expression " county district" shall include every url)an and rural district whether a borough or not. 'o* 22. — Chftirnum of council to he justice. — The chairnian of a district council unless a woman or personally disqualified by any Act shall be by virtue of his office justice of the peace for the county in which the district is situate, but before acting as such justice he shall, if he has not already done so, take the oaths required by law to l)e taken by a justice of the peace other than the oath respecting the qualification by estate.* 23. — Co/iHliltttiou of district councils in nrhau districts not being boroughs. — As from the appointed day, where an urban district is not a borough — • The mayor of a borough is by virtue of his ofTicc a justice for the borough, and this section places the chairman of a district council in the corresponding position of a justice for the county. It makes the mayor of a non-county borougli a justice for the county as well as for the borough. URBAN DiSTRIdT COUNCILS. 151 (1.) There shall be no ex-officio oY nommated members of the urban sanitary authority : (2.) A person shall not be qualified to be elected or to be a councillor unless he is a parochial elector of some parish within the district, or has daring the whole of the twelve months preceding the election resided in the district, and no person shall be disqualified by sex or marriage for being elected or being a councillor.* So much of any enactment whether in a public general or local and personal Act as relates to the qualification of a member of an urban sanitary authority shall be repealed : (3.) The parochial electors of the parishes in the district shall be the electors of the councillors of the district, and, if the district is divided into wards, the electors of the councillors for each ward shall be such of the parochial electors as are registered in respect of qualifications within the ward : (4.) Each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected : (5.) The election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act by the Local Government Board rf (6.) The term of oftice of a councillor shall be three years, and one-third, as nearly as * As to who are parochial electors and as to disqualifications, Scg respectively the Introduction (p. 20) and s. 4G. t See s. 48. 152 THE LOCAL GOVERNMENT ACT, 1894. may l)e, of the council, and if the district is divided into wards one-third, as nearly as may be, of the councillors for each ward, siiall ^'o out of olHcc on the fifteenth day of April in each year, and their places shall be tilled by the newly elected councillors. Provided that a county council may on request made by a resolu- tion of an urban district council, passed by two-thirds of the members voting on the resolution, direct that the members of such council shall retire together on the fifteenth day of April in every third year, and such order shall have full efiect. 24. — Rural district councils. — (1.) The distiict council of every rural district shall consist of a chairman and councillors, and the councillors shall be elected by the parishes or other areas for the election of guardians in the district. (2.) The number of councillors for each parisli or other area in a rural district shall be the same as the number of guardians for that parish or area. (3.) The district councillors for any parish or other area in a rural district shall be the represen- tatives of that parish or area on the board of guardians, and when acting in that capacity shall 1)0 deemed to be guardians of the poor, and guar- dians as such shall not be elected for that parish or area. (4.) The provisions of this Act with respect to the qualification, election, and term of office and retirement of guardians, and to the qualification of the chairman of the board of guardians,* shall • See ss. 20, 59, GO. RURAL DISTRICT COUNCILS. 153 apply to district councillors and to the chairman of the district council of a rural district, and any person qualified to be a guardian for a union com- prising the district shall be qualified to be a district councillor for the district. (5.) Where a rural sanitary district is on the appointed day situate in more than one adminis- trative county, such portion thereof as is situate in each administrative county shall, save as otherwise provided by or in pursuance of this or any other Act,* be as from the appointed day a rural district ; Provided that where the number of councillors of any such district will be less than five, the provisions, so far as unrepealed, t of section nine of the Public Health Act, 1875, with respect to the nomination of persons to make up the members of a rural authority to five, shall apply, unless the Local Government Board by order direct that the aft'airs of the district shall be temporarily ad- ministered by the district council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district shall be entitled, so far as regards those affairs, to sit and act as members of that district council, but a separate account shall be kept of receipts and expenses in respect of the district, and the same shall be credited or charged separately to the district. (6.) The said provisions of section nine of the Public Health Act, 1875, shall apply to the district * See s. 36 of this Act, and s. 57 of the Local Government Act, 1888, which will be found in the Appendix. t The part repealed required persons nominated to have a certain qualification. These nominees will not be entitled to act as guardians (38 & 39 Vict. c. 55, s. 9). 154 THE LOCAL GOVERNMENT ACT, 1894. council of a niral district to which they apply at tlu! passin;:^ of this Act. (7.) Every district cuuiicil for a rural district shall be a body corporate by the name of the district council, with the -addition of the name of the district, or if there is any doubt as to the latter name,* of such name as the county council direct, and shall have perpetual succession and a common seal, and may hold land for the purposes of their powers and duties witliout licence in mortmain. 25. — Pdiccrs oj' (lislrirt council irith respect to sanitari/ and hi(j)uccii/ matters. — (1.) As from the appointed da}', there shall be transferred to the district council of every rural district all the powers, duties, and liabilities of the rural sanitary authority in the district, and of any highway authority in the district, f and higliway boards shall cease to exist, and rural district councils sliall be the successors of the rural sanitary authority and highway autliority, and shall also have as respects highways all the powers, duties, and lialjilities of an url)an sanitary authority under sections one hundred and forty-four to one hundred and forty-eight of tlie Public Health Act, 1875, t 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 * There would be doubt where a rural sanitary district was divided under subsection (5). t " Highway authority " includes a highway board, or authority having the powers of a highway board, and the survej'ors of highways or other officers performing similar duties (Local Government Act, 1888, s. 100; Local Government Act, 1894, a. 75). 5: For the effect of these sections, see p. 78 of the Introduction. HIGHWAYS. 155 urban authority. Provided that the council of any county may by order postpone ^Yithin their county or any part thereof the operation of this section, so far as it relates to high^Ya3's, for a term not exceeding three years from the appointed day or such further period as the Local Government Board may on the application of such council allow.* (2.) "Where a highway repairable ratione tenurae appears on the report of a competent surveyor not to be in proper repair, and the person liable to repair the same fails when requested so to do by the district council to place it in proper repair, the district council may place the highway in proper repair, and recover from the person liable to repair the highway the necessary expenses of so doing. (3.) Where a highway authority receives any contribution from the county council towards the cost of any highway under section eleven, sub- section (10), of the Local Government Act, 1888, t such contribution may be made, subject to any such conditions for the proper maintenance and repair of such highways, as may be agreed on between the county council and the highway authority. (4.) "Where the council of a rural district become the highway authority for that district, any excluded part of a parish under section two hundred and sixteen of the Public Health Act, 1875, which is situate in that district, shall cease to be part of any * The order is to make provision for holding elections of highway boards during the time for which the operation of the section is postponed, s. 8i (4). t The county council are empowered to contribute towards the costs of the maintenance, repair, enlargement, and im- provement of any highway in the county. 156 lUfi LOCAL GOVEllNllEN^t ACT, 1894. iirl);in district for the purpose of highways, but until the council become the hif^'hway authority such excluded part of a parish shall continue subject to the said section.* (5.) Kural district councils shall also have such powers, duties, and liabilities of urban sanitary authorities under the Public Health Acts or any other Act, and such provisions of any of those Acts relating to urban districts shall apply to rural districts, as the Local Government Board by general order direct. (G.) The power to make such general orders shall be in addition to and not in substitution for the powers conferred on the Board by section two hundred and seventy-six of the Public Health Act, 1875, or by any enactment applying that section ; and every order made by the Local Government Board under this section shall be forthwith laid before Parliament. (7.) The powers conferred on the Local Govern- ment Board by the said section two hundred and seventy-six, or by any enactment applying that section, may be exercised on the application of a county council, or with respect to any parish or part of a parish on the application of the parish council of that parish. 26. — Duties and ^)o?t*crs of district council as to rights of 2caij, rights of common, and roadside icastes. — (1.) It shall be the duty of every district * Under the section referred to, the whole of a parish only partly within an urban district for sanitary purposes may he wildly within that district for highway purposes. The part outside the district will, under this clause, be placed for the last-mentioned purposes under the rural district council, unless the operation of the clause is postponed under subsection (1). RIGHTS OF WAY, ETC. 157 council to protect all public rights of way, and to prevent as far as possible the stopping or obstruc- tion of any such right of way, whether within their district or in an adjoining district in the county or counties in which the district is situate, where the stoppage or obstruction thereof would in their opinion be prejudicial to the interests of their district, and to prevent any unlawful encroachment on any roadside waste within their district. (2.) A district council may with the consent of the county council for the county within which any common land is situate aid persons in main- taining 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 eight of the Commons Act, 1876, be exercised by an urban sanitary authority in relation to any common referred to in that section ; * and notice of any 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. (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 • The eSect of this is briefly stated in the Introduction, p. 80. 158 TIIK LOCAL GOVERNMEXT ACT, 1894. roadside waste within the district, it shall be the duty of the district council, unless satisfied that the allegations of such representation are incorrect, to take proper proceedings accordingl}- ; and if the district council refuse or fail to take any proceed- ings in consequence of such representation, tlie parish council may petition the county council for tlie county within which the way or waste is situate, and if tliat council so resolve the powers and duties of the district council under this section shall 1)0 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 wa}' shall not be deemed to be unauthorised by reason only of such right of way not being found to exist. {().) Nothing in this section sliall alTect the powers of the county council in relation to road- side wastes. f (7.) Nothing in this section shall prejudice any powers exerciseable 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. 27. — Tran.y'cr of ccytalit j)otrcr>i oj' Jiisticrs to district corntcih.'l — (1.) 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, — {(() the licensing of gang masters ; * lu connection with this subsection sec s. 63. t Sec s. 11 of the Local Government Act, 1888. t See the reference to this clause at p. 80 of the Intro- duction. EXPENSES OF DISTRICT COUNCILS. 159 (h) the grant of pawnbrokers' certificates ; (c) the Hcensing of dealers in game ; (d) the grant of licences for passage brokers and emigrant runners ; ((■) the abolition of fairs and alteration of days for holding fairs ; if) the execution as the local authorit}' of the Acts relating to petroleum and infant life protection ; when arising within a county district, shall be transferred to the district council of the district. (2.) As from the appointed day, the powers, duties, and liabilities of quarter sessions in relation to the licensing of knackers' yards within a county district shall be transferred to the district council of the district. (3.) All fees payable in respect of the powers, duties, and liabilities transferred by this section shall be payable to the district council. 28. — Expenses of whan district conncil. — The expenses incurred by the council of an urban district in the execution of the additional powers conferred on the council by this Act shall, subject to the provisions of this Act, be defrayed in a borough out of the borough fund or rate, and in any other case out of the district fund and general district rate or other fund applicable towards defraying the expenses of the execution of the Public Health Act, 1875.* 29. — Expenses of rural district coioicil.— The expenses incurred by the council of a rural district shall, subject to the provisions of this Act, * Tlie reference is to s. 207 of t)he Public Health Act, 1875. inO THE LOCAL GOVERNMENT ACT, 1891. . bo defrayed in manner directed by the Public Health Act, 1875, with respect to expenses in- curred in the execution of that Act by a rural sanitary authority, and the provisions of the Public Health Acts with respect to those expenses shall api)ly accordingly. Provided as follows : — (a) Any highway expenses shall be defrayed as general expenses : (/>) When the Local Government Jjoard deter- mine any expenses under this Act to be special expenses and a separate charge on any contributory place, and such expenses would if not separately chargeable on a contributory place be raised as general expenses, they may further direct that such special expenses shall be raised in like manner as general expenses, and not by such separate rate for special expenses as is mentioned in section two hundred and thirty of the Public Health Act, 1875 :* ((') A district council shall have the same power of charging highway expenses under exceptional circumstances on a contributory place as a highway board has in respect of any area under section seven of the Highways and Locomotives (Amendment) Act, 1878 if * " Special expenses " arc a separate charge on each parisli or other contributory place in the district. They are defrayed usually out of a separate rate to which occupiers of land are assessed at one-fourth. The effect of proviso (b) will be that in the cases mentioned, the special expenses will be leviable as poor rate, by an equal assessment of all occupiers of property in the contributory place. t This will ouablo thq dis^triot council, with the approval of LONDON AND OOUNiY BOI^OllGliS. 161 (d) Where highway expenses would, if this Act had not passed, have been in whole or in part defrayed in any parish or other area out of any property or funds other than rates, the district council shall make such provision as will give to that parish or area the benefit of such property or funds by way of reduction of the rates on the parish or area. 30. — Guardians in London and county horouglis.-^ The provisions of this Part of this Act respecting guardians shall apply to the administrative county of London and to every county borough. 31. — Provisions as to London vestries and district boards. — (1.) The provisions of this Act with respect to the qualification of the electors of urban district councillors, and of the persons to be elected, and with respect to the mode of conduct- ing the election, shall apply as if members of the local board of Woolwich and the vestries elected under the Metropolis Management Acts, 1855 to 1890, or any Act amending those Acts, and the auditors for parishes elected under those Acts, and so far as respects the qualification of persons to be elected as if members of the district boards under the said Acts, were urban district councillors, and no person shall, ex officio, be chairman of any of the said vestries. Provided that the Elections (Hours of Poll) Act, 1885, shall apply to elections to the said vestries.* the county council, to charge exclusively on one contributory place the cost of the highways in that place, if there are natural difierences of soil or other exceptional circumstances. * 48 Vict. c. 10. This Act requires the poll (if any) to be kept open from 8 o'clock in the morning till 8 o'clock at night. M IG'2 TII13 LOCAL GOVERKllEKT ACT, 1804. ('2.) Each of the said vestries, except those electiiif^' district boards, and each of the said district boards and the local board of Wouhvich, shall at their lirst meeting after the annual election of members elect a chairman for the year, and section forty-one of the Metropolis ]\ranage- ment Act, 1855,* shall apply only in case of the absence of such chairman, and the provisions of this Act with respect to chairmen of urban district councils being justices shall apply as if the said vestries and boards were urban district councils. f (3.) Nothing in any local and personal Act shall prevent any vestr}' in the county of London from holding their meeting at such time as may be directed l)y the vestry. :!: 32. — Application to county horoughs of })rovisions as to transfer of justices' powers. — The provisions of this Part of this Act respecting the jiowers, duties, and liabilities of justices out of session, or of quarter sessions, which are transferred to a district council, shall apjdy to a county borough as if it were an url)an district, and the county borough council were a district council. § 33. — Power to apply certain provisions of Act to vrhan districts and London. — (1.) The Local Govern- ment Board may, on the application of the council * (13 & 19 Vict. c. 120.) This section provides for the election of a cliainnau at each meeting of a district board. t Sec s. 22. X This was inserted to meet the case of one or more parishes in London where the vestry under the ]\Ictropolis Management Acts are prevented by local Acts from holding their meetings in the evening. § Sec 3. 27. LONDON VESTRIES, ETC. 163 6f 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 over- seers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a parish council, and applying with the necessary modifica- tions the provisions of this Act with reference thereto.* (2.) Where it appears to the Local Government Board that, by reason of the circumstances connected with any parish in a municipal borough (including a county borough) or other urban district divided into wards, or v.ith the parochial charities of that parish, the parish will not, if the majorit}^ of the body of trustees administering the charity are appointed b}' the council of the borough Or district, be properly represented on that bod}', 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 nomina- tion of the councillors elected for the ward or wards comprising such parish or any part of the parish. (3.) Any order under this section may provide for its operation extending either to the whole or to specified parts of the area of the borough or urban district, and may make such provisions as seem necessary for carrying the order into effect. (4.) The order shall not alter the incidence of any rate, and shall make such provisions as may * lu connection with this provision see section 34, M 2 1G4 Tltli: LOCAL OOVRnNMK>?T ACT, 1894. seem necessary and just for the preservation of the existing interests of paid officers. (5.) An order under this section may also be made on the appUcation of any representative body within a borougli or district. (G.) The provisions of this section respecting councils of url)an districts shall api)ly to the administrative county of London in like manner as if the district of each sanitary authority in that county were an urban district, and the sanitary authority were the council of that district, (7.) The Local Government lioard shall consult the Charity Counnissioners before making any order under this section with respect to any charity. 34. — Supplemental provisions as to control of overseers in urban districts. — Where an order of the Local Government Board under this Act confers on the council of an urban district, or some other representative body within the district, either the appointment of overseers and assistant overseers, or the pow'ers, duties, and liabilities of overseers, that order or any subsequent order of the Board may confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Bate Assessment and Collection Act, 1869.* 35. — Restrictions on application of Act to London, dc. — Save as specially provided l)y this Act, this Part of this Act shall not apply to the administra- tive county of London or to a county borough. * (32 & 33 Vict. c. 41.) The powers iu question relate to the compounding of owners for rates. S. 4 provides for the compulsory rating of owners instetvd of occupiers. AREAS AND BOUNDARIES. 165 PART III. Areas and Boundaries. 'i 36. — Duties and -poiccrs of county council witl^ respect to areas and boundaries. — (1.) For the pur- pose of carrying this Act into effect in the ease 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 sanitary district ; and ((•) every rural parish which has a population of less than two hundred ;-f 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 (6') every rural parish which is co-extensive with a rural sanitary district ; every county council shall forthwith take into consideration every such case within their county, * A joint committee of the county councils concerned will act in these cases (subsection (11).) t Surely this should have been 300 (see s. 1). The Government would appear to have accepted the final amendments of the House of Lords without making the necessar^y consequential amendments. 16G THE LOCAL GOVERNMENT ACT, 1894. and wliether any proposal has or has not heen made as mentioned in section fifty-seven of the ijocal Government Act, 1888,* shall as soon as l>racti('al)le, in accordance with that section, cause inquiries to be made and notices given, and make such orders, if anv, as thev deem most suitable for carrying into effect this Act in accordance with the following provisions, namel}' : — (i.) the whole of each parish, and, unless the county council for special reasons other- wise direct, the wliole of each rural district shall be within the same adminis- trative county ; (ii.) the wliolc of eacli parish shall, unless the county council for spc^cial reasons other- wise direct, be within the same county district ; and (iii.) every rural district which will have less than live elected councillors shall, unless for special reasons the county council otherwise direct, be united to some neighbouring district or districts. (2.) Where a parish is at the passing of this Act situate in more than one url)an district, the parts of the parish in each such district shall, as from the appointed da}', unless the county council for special reasons otherwise direct, and subject to any alteration of area made by or in pursuance of this or any other Act, be separate parishes, in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same.f * This section will 1)0 found in the Appendix. t They will, therefore, he separate parishes for practically &\\ AREAS AND BOUNDARIES. 167 (3.) Where a parish is divided by this Act, the county council may by order provide for the apphcation to different parts of that parish of the provisions of this Act with respect to the appoint- ment of trustees or })enefieiaries of a charitv* and for the custody of parish documents, but the order, so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners. (4.) Where a rural parish is co-extensive with a rural sanitary district, then, until the district is united to some other district or districts, and unless the county council otherwise direct, a separate election of a parish council shall not be held for the parish, but the district council shall, in addition to their own powers, have the powers of, and be deemed to be, the parish council. (5.) Where an alteration of the boundary of any county or borough seems expedient for any of the purposes mentioned in this section, application shall be made to the Local Government Board for an order under section fifty-four of the Local Government Act, 1888. f (6.) Where the alteration of a poor law union seems expedient by reason of any of the provisions of this Act, the county council may, by their order, provide for such alteration in accordance with section fifty-eightf of the Local Government Act, 1888, or otherwise, but this jDrovision shall not affect the powers of the Local Government Board with respect to the alteration of unions. civil purposes, including the appointment of overseers. As to charities and the custody of documents in such cases, sec sub- section (3) of this section, and as to overseers and existing officers, sections 79 (11), 81. * Sec s. 14. t This section will be foiind in the Appendix. 108 THE LOCAL GOVERNMENT ACT, 1891. (7.) "Where an order for the alteration of the l)oundary of any pariHli or the division thereof, or the union thereof or of any part thereof, with another i)arish is proposed to be made after the appointed day, notice thereof shall, a reasonable time before it is made, be given to the parish council of that parish, or if there is no parish council, to the parish meeting, and that parish council or parish meeting, as the case may be, shall have the right to appear at any inquiry held 1)}' the county council with reference to the order, and shall be at liberty to petition the Local Gov- ernment Board against the confirmation of the order. (8.) Where the alteration of the boundary of any parish, or the division thereof or the union thereof or of part thereof with another parish, seems expedient for any of the purposes of this Act, pro- vision for such alteration, division, or union may ])e made by an order of the county council con- firmed by the Local Government Board under section fifty-seven of the Local Government Act, 1888.* (9.) Where a parish is by this Act divided into two or more parishes, those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included. (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 board of guardians afi'ected by an order shall have the same right of petitioning * This sectiou will be fouud in llic Apj^endix, AREAS AND BOUNDARIES. 169 against that order as is given by that section to any other authority.* (11.) Where any of the areas referred to in sec- tion fifty-seven of the Local Government Act, 1888, is situate in two or more comities, 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 ;i- and where at the passing of this Act a rural sanitary district or parish is situate in more than one county, a joint committee of the councils of those counties shall act under this section, and if any of those councils do not, within two months after request from any other of them, appoint members of such joint committee, the members of the committee actually appointed shall act as the joint committee. Provided that any question aris- ing as to the constitution or procedure of any such joint committee shall, if the county councils concerned fail to agree, be determined by the Local Government Board. (12.) Every report made by the Boundary Com- missioners under the Local Government Boundaries Act, 1887, shall be laid before the council of any administrative county or borough affected by that report, and before any joint committee of county councils, and it shall be the duty of such councils and joint committees to take such reports into * la connection with this, the provisions of ss. 40-42, 80 (2), should be noticed. + This is an amendment of tlie Act of 1888, and supplies a defect therein. As to the appointment of joint committees of county councils, see s, 81 of that Act. 170 Tin: LOCAL government act, 1894. consitleration licforc framing any ortler under the powers conferred on them under this Act.* (i;3.) Every county council shall, within two years after the passinfj of this Act, or within such further period as the Local Government J^oard may allow either generally or with reference to any particular matter, make such orders under this section as they deem necessary for the purpose of bringing this Act into operation, and after the expiration of the said two years or further period the powers of the county council for that purpose shall he transferred to the Local Government Board, who may exercise those powers. 37. —Prorisio)! r/.s to ])arii<]i('s Jidriiii/ parta with di'tincd liisqitalijlcati()N^ far pari.sJi or district council. — (1.) A i)erson shall be disqualified for being elected or being a member or chairman of a council of a parish or of a district other than a borough or of a board of guardians if he — {a) is an infant or an alien ; or (b) has within twelve months before his election, or since his election, received miion or parochial relief ; or {(■) has, within live years before his election or since his election, been convicted either on indictment or summ'arilyof 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 () nothing in the enactments applied by this section shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of .retirement from the office in which the vacancy occurs, and the vacancy shall be filled at the next ordinary election ;t and {(■) the rules may provide for the incidence of the charge for the expenses of the elec- tions of guardians being the same as heretofore. (5.) If any difficulty arises as respects the election of any individual councillor or guardian, or member of any such local board or vestry as aforesaid, or auditor, and there is no provision for holding another election, the county council may order a new election to be held and give such directions as may be necessary for the purpose of holding the election. (6.) Any ballot boxes, fittings, and compart- ments provided by or belonging to any public authority, for any election (whether parliamentary, county council, municipal, school board, or other), * Sec s. 47 (3), as to the resignation of parish councillors or of the chairman of the jjarish council or parish meeting. t A similar provision is made as regards casual vacancies on county councils by s. 1 of the County Councils Election Act, 1891 (54 & 55 Vict, c, G8). 18G THE LOCAL GOVERNMENT ACT, 1894. shall, on request, unci if not required for immediate use by the said authority, be lent to the returning officer for an election under this Act, upon such conditions and either free of charge or, except in the prescribed cases, for such reasonable charge as may be prescribed. (7.) The expenses of any election under this Act shall not exceed the scale fixed by the county council, and if at the beginning of one month before the first election under this Act a county council have not framed any such scale for their county, the Local Government Board may frame a scale for the county, and the scale so framed shall apply to the first election, and shall have effect as if it had been made by the county council, but shall not be alterable until after the first election. (8.) This section shall, subject to any adapta- tions made by the said rules, apply in the case of every poll consequent on a parish meeting, as if it were a poll for the election of parish councillors. , 49. — Provision as to parish meeting for part of parish. — Where a parish meeting is required or authorised in pursuance of this 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, shall be the parochial electors registered in respect of qualifications in that ward or part ; and (/') the provisions of this Act with respect to parish meetings for the whole of a parish, * Parish meetings for parts of parishes may be held under SS.7 (4), 18, 37, 53 (1), 56 (2). PARISH AND DISTRICT COUNCILS. 187 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. 50. — Supplemental provisions as to overseers. — If, in the case of a rural parish or of any urban parish in respect to which the power of appointing overseers has been transferred under this Act, notice in the prescriljed 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 of&ce 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 super- sede 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. Parish and District Councils. 51. — Public notices. — A public notice given by a parish council for the purposes of this Act, or other- wise 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 meet- * "Prescribed" means prescribed by order of the Local Government Board (s. 75). t The first appointment of overseers by the parisli council will take place in April, 1895. The appointment for the year 1894-5 were to be made by the justices as usual on, or within fourteen days after, the 25th March (54 Geo. Ill, c. 91). 188 Tlir. LOCAL GOVERNMENT ACT, 1894. ings,* and l)y posting tho notice in some con- 8i)icnous 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. ^Qt.—Sitpplcinintal pruri^ion^ as to transfer of jioircr.H. — (1.) 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 the relief of the poor or under the School Sites Acts or the Literary and Scientific Institutions Act, 1854, so far as respects the dealing with parish property or the spending of money or raising of a rate may, in the case of a rural parish, be exercised or given by the parish meeting of the parish.t (2.) In a rural parish the power of making an application or passing a resolution given ))y section twelve of the Elementary Education Act, 1870,1 and by section forty-one of the Elementary Education Act, 1876, § to the electing body mentioned in the former section shall be trans- ferred to the parish meeting of the parish, and shall in cases under the latter section be exercise- able by the like majority of the parish meeting,|| and, if a poll is taken, of the parochial electors, as * i.e. by being posted at the doors of all the churches and chapels in the parish. As to the time for the publication of a notice of a parisli meeting, sec Schcd. I, Part I (2) (3). t Sec p. 27 of the Introduction. + 33 & 34 Vict. c. 75. § 39 & 40 Vict. c. 79. II i.e. a two-thirds majority (39 & 40 Vict. c. 79, s. 41), TRANSFER OF POWERS. 189 is required by that section in the case of the said electing body, and rule two of the Second Part of the Second Schedule to the former Act with respect to the passing of such 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 high- ways or for the purchase of land with the proceeds of any such sale.f (4.) Where the legal estate in any property is vested in the churchwardens and overseers of any parish by virtue of the Poor Eehef Act, 1819,:]: nothing in the Charitable Trusts Acts, 1853 to 1891, shall be deemed to require the consent of such churchwardens and overseers in their capacity as a corporation under that Act, or of the parish council as their successors, to a vesting order under those Acts dealing with the said legal estate. Provided that nothing in this section shall affect any rights, powers, or duties of the churchwardens and overseers or the parish council, in cases where they have active powers of manage- ment. (5.) All enactments in any Act, whether general or local and personal, relating to any powers, * The rule referred to is to the effect that the resolution of the electing body shall be passed as nearly as possible in like manner as a school board is elected. The reference in this sub- section is to an application for the formation or dissolution of a school board. t See s. 48 of the Highway Act, 1835 (5 & 6 Will. IV, c. 50), under which land allotted to the parish for materials, when exhausted, may be sold and other land purchased, with consent of justices. t 59 Geo. Ill, 0. 12. VM THE LOCAL GOVEnxMEN'T ACT, 1804. duties, or lialtilitics 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 con- strued as if any reference therein to justices or to the vestry, or to the overseers, or to the church- wardens and overseers, referred to the parish council or parish meeting as the case requires, and the said enactments shall be construed with such modifications as may be necessary for carrying this Act into effect. 53. — Siipplrmcntal f.yorisiona as to adoptive Acts. — (1.) Where on the appointed day any of the adoptive Acts is in force in a part only of a rural parish, the existing authority under the Act, or the parish meeting for that part, may transfer the powers, duties, and liabilities of the authority to the parish council, subject to any conditions with respect to the execution the]'eof by means of a committee as to the authority or parish meeting may seem fit, and any such conditions may be altered by any such parish meeting.* (2.) If the area on the appointed day under any authority under any of the adoptive Acts will not after that day be comprised within one rural l^arish, the powers and duties of the authority shall 1)0 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 lu-ban district, to those parish councils and the district council of the urban district, and * As to parisli meetings for parts of parishes, sec s. 49, and as to tlie appointment of committees, s. 5G. The Adoptive Acta- are defined by s. 7. ADOPTIVE ACTS, 101 shall, until other provision is made in pursuance of this Act, he exercised hy a joint committee* appointed hy those councils. Where any such rural parish has not a parish council the parish meeting shall, for the purposes of this provision, be substituted for the parish council. (3.) The property, debts, and liabilities of any authority under any of the adoptive Acts whose powers are transferred in pursuance of this Act shall continue to be the property, debts, and liabilities of the area of that authority, and the proceeds of the property shall be credited, and the debts and liabilities and the expenses incurred in resi^ect 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 alter- ation 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. 54. — Effect on parish council of constitution of urhan district. — (1.) Where a new borough is created, or any other new urban district is con- stituted, or the area of an urban district is extended, then — * With, respect to joint committees, see s. 57. 102 THE LOCAL GOVERNMENT ACT, 1804. (a) as respects any rural i)arish oi- part of a rural parish which will he coni})rised 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 api)ointnient of overseers and for placing the parish or part in the same position as other parishes in the borough or district, and (b) as respects any parish or part which remains rural, provision shall be made for the constitution of a now parish council for the same, or for the annex- ation of the parish or part to some other parish or parishes, or otherwise for the government of the parish or part, and (f) provision shall also where necessary be made for the adjustment of any property, debts, and liabilities affected by the said creation, constitution, or extension.* (2.) The provision aforesaid shall be made — (a) Where a new borough is created, by a scheme under section two hundred and thirteen of the Municipal Corporations Act, 1882 ; (h) Where any other new urban district is constituted, by an order of the county council under section fifty-seven of the Local Government Act, 1888 ;f (c) Where the area of an urban district is • Adjustments of property and liabilities under this Act aro dealt with in s. G8. t Sec Appendix. COMMITTEES. 193 extended, by an order of the Local Government Board under section fifty- four, or of the county council under section fifty-seven, as the case may be, of the Local Government Act, 1888.* (3.) Where the area of an urban district is diminished this section shall apply with the neces- sary modifications. 55. — Power to chanf/e name of district or iiarisli. — (1.) "Wliere a parish is divided or united or grouped with another parish by an order in pur- suance of this Act each new parish or group so formed shall bear such name as the order directs. (2.) Where a parish is divided by this Act, each parish so formed shall bear such name as the count}' council direct. (3.) Any district council may, with the sanction of the county council, change their name and the name of their district. (4.) Every change of name made in pursuance of this section shall he published in such manner as the authority authorising the change may direct, and shall be notified to the Local Govern- ment Board. (5.) Any such change of name shall not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name. *D^ 56. — Committees of j^arish or district councils. — (1.) A parish or district council may appoint com- f These sections will be found in the Appendix l!ll THE LOCAL GOVERNMENT ACT, 1894. mittees, consistinp; citlier wholly or partly of members of tlie council, for the exercise of any powers which, in the opinion of the council, can 1)6 properly exercised by committees, but a com- mittee shall not hold office beyond the next annual meeting of the council, and the acts of every such connuittee shall be submitted to the council for their approval. Provided that where a committee is appointed by any district coiuicil for any of the purposes of the Pul^lic Health Acts or Iii0WERS OP COUNTY COUNCIL. 201 for such meeting either free of charge or at a reasonable cost. 62. — Permissive transjer to urban district council of po2vers of other authorities. — (1.) Where there is in any urban district, or part of an urban district, any authority constituted under any of the adoptive Acts,* the council of that district may resolve that the powers, duties, property, debts, and liabilities of that authority shall be transferred to the council as from the date specified in the resolution, and upon that date the 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 shall not be adopted for any part of an urban district without the approval of the council of that district. 63. — Provisions as to county council acquirinp powers of district council. — (1.) Where the powers of a district council are by virtue of a resolution under this Act transferred to a county council,! the following provisions shall have effect : — (a) Notice of the resolution of the county council by virtue of which the transfer is made shall be forthwith sent to the district council and to the Local Govern- ment Board : {h) The expenses incurred by the county council shall be a debt from the district council * e.g a burial board. The Adoptive Acts are defined by s. 7. t See ss. 16, 26. 202 THE LOCAL GOVERNMENT ACT, 1894. to the county council, and shall be de- frayed as part of the expenses of the district council in the execution of the Public Health Acts, and the district council shall have the like power of raising the nione}^ as for the defraying of those expenses : {<■) The county council for the purpose of the powers transferred may on behalf of the district council borrow sul)ject 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 : {(J) The county council may charge the said fund or rate with the pa3'ment of the principal and interest of the loan, and the loan with the interest thereon shall be paid by the district council in like numner, 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 : {(') The county council shall keep separate accounts of all receipts and expenditure in respect of the said powers : (/) The county council may by order v^est in the district council all or any of tlie powers, duties, property, debts, and liabilities of the county council in rela- tion to any of the said powers, and the property, debts, and liabilities so vested shall be deemed to have been acquired or incurred by the district council for the purpose of those powers. (2.) Where a rural district is situate in two or ELEMENTARY SCHOOLS. 203 more counties a parish council complaining under this Act may complain to the county council of the county in which the parish is situate, and if the subject-matter of the complaint affects any other county the complaint shall be referred to a joint committee of the councils of the counties concerned, and any question arising as to the constitution of such joint committee shall be determined by the Local Government Board, and if any members of the joint committee are not appointed the members who are actually appointed shall act as the joint committee. 64. — Power to act through district council. — 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,* 65. — Saving for Jiarbour pou-ers. — Where any improvement commission affected by this Act have any powers, duties, propert}^ debts, or liabilities in respect of any harbour, the improvement com- mission 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 appor- tioned between the district council for the district and the commission so continuing, and the adjust- ment arising out of the apportionment shall be determined in manner provided by this Act.f 66. — Saving for elementary schools. — Nothing in * Cf. s. 28 of the Act of 1888, under which the county council have power to " delegate " powers to the district council, t See s. 68. 204 TIIR LOCAL GOVERNMENT ACT, 1891. this Act shall affect the trusteeship, management, or control of any elementary school.* 67. — Transfer of propcrtji and debts and liahilitics. — Where any powers and duties are transferred hy this Act from one authority to another aulliority — (1.) All property held by the first authority for the purpose or hy virtue of such powers and duties shall pass to and vest in the other authority, subject to all debts and liabilities affecting the same ; and (2.) The latter authority shall hold the same for the estate, interest, and 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 iji pursuance of this Act ; and (3.) All debts and liabilities of the first authorit}^ incurred by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been defrayed if this Act had not passed. 68. — Adjustment of jn-operti/ and liahilities.—r{l') Where any adjustment is required for the purpose * i.e. a school at which elementary education is the principal part of the education there given, and whel-e the ordinary pay- ments in respect of the instruction, from each scliohir, do not exceed 9d. a week (Elementary Education Act, 1870, s. 3 and s. 75 of the present Act). ADJUSTMENT OF mOPERTY, ETC. 205 of this Act, or of any order, or thing made or done under this Act, then, if the adjustment is not otherwise made, the autliorities interested may make agreements for the purpose, and may thereby adjust any property, income, debts, habihties, and expenses, so far as affected by this Act, or such scheme, order, or thing, of the parties to the agreement. (2.) The agreement may provide for the transfer or retention of any property, debts, or habihties, with or without any conditions, and for the joint use of any property, and for payment by either party to the agreement in respect of property, debts, and habihties so transferred or retained, or of such joint user, and in respect of the salary or remuneration of any officer or person, and that either by way of an annual payment or, except in the case of a salary or remuneration, by way of a capital sum , or of a terminal^le annuity for a period not exceeding that allowed by the Local Govern- ment Board : Provided that where any of the authorities interested is a board of guardians, any such agreement, so far as it relates to the joint use of any property, shall be subject to the approval of the Local Government Board. (3.) In default of an agreement, and as far as any such agreement does not extend, such adjust- ment shall be referred to arbitration in accordance with the Arbitration Act, 1889,* and the arbitrator shall have power to disallow as costs in the arbitration the costs of any witness whom he con- siders to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily, and his award may provide * 52 & 53 Vict. c. 49. 200 THE LOCAL GOVERNMENT ACT, 1894. fur any matter for which an agreement might have provided. (4.) Any sum required to he paid l)y anj^ authority for the purpose of adjustment may be ])aid 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 ])urpose for which the authority may borrow under the Acts relating to such authority, on the security of all or any of the funds, rates, and revenues of the authority, and any such sum may be borrowed without the consent of any authority, so that it be repaid within such period as the Local Government Board may sanction. (5.) Any capital sum paid to any authority for the purpose of any adjustment under this Act shall be treated as capital, and applied, with the sanction of the Local Government Board, either in the re- payment of debt or for any other purpose for which capital money may be applied. 69. — l^Dircr to deal iritli matters ayinbin out of alteration of houiiflaries. — Where an alteration of any area is made by this Act, an order for any of the matters mentioned in section fifty-nine of the Local Government Act, 1888,* may, if it appears to the county council desirable, be made l)y the county council, or, in the case of an area situate in more than one county, by a joint committee of county councils, but nothing in this section shall empower a county council or joint committee to alter the boundaries of a county. * See this section n the Appendix, QUESTIONS UNI-ER ACT. 207 70. — Summary proceeding for determination of questions as to transfer o; jwicers. — (1.) If any question arises, or is about to arise, as to whether any power, duty, or HabiHty is or is not transferred by or under this Act to any parish council, parish meeting, or district council, or any property is or is not vested in the parish council, or in the chair- man and overseers of a rural parish, or in a district council, that question, without prejudice to any other mode of trjdng it, may, on the application of the council, meeting, or other local authority concerned, be submitted for decision to the High Court in such summary manner as, subject to any rules of court, may be directed by the Court ; and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question.* (2.) If any question arises or is about to arise under this Act as to the appointment of the trus- tees or beneficiaries of an}^ 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 * Under a similar provision in s. 29 of the Local Government Act, 1888, the Court has decided numerous questions submitted to it with regard to the transfer of powers under that Act. The present Act — differing in this respect from the Act of 1888 {see Ex parte the county council of Kent and the councils of Dover and Sandwich [1891] , 1 Q. B. 725) — gives an appeal against the decision of the High Court in such cases. 208 THE LOCAL GOVERNMENT ACT, 1894. be presented only under Llie same conditions as are prescribed in the ca.:ie of appeals to the High Court from orders made l)y the Charity Com- missioners under the Charitable Trusts Acts, 1853 to 181)1.* (3.) An appeal shall, with the leave of the High Court or Court of Appeal, but not otherwise, lie to the Court of Ajjpeal against any decision under this- section. 71. — Sii])j)leme7ital inovisions as to county council orders. — A copy of every order made by a county council or joint committee in pursuance of this Act shall be sent to the Local Government Board, and, if it alters any local area or name, also to the Board of Agriculture.! 72. — Provisions as to local inquiries. — (1.) The expenses incurred l\v the Local Government Board in respect of inquiries or other proceedings under this Act shall be paid by such authorities and persons and out of such funds and rates as the Board may l)y order direct, and the Board may certify the amount of the expenses so incurred, and any sum so certified and directed by tlie Board to be paid by any authority or person sliall l)e a debt from that authority or person to the Crown. J (*2.) Such expenses may include the salary of * Twenty-one days' notice of the intention to appeal must bo given to the Commissioners and to the solicitor acting for the Attorney-General in cx-officio proceedings relating to charities (23 & 24 Vict. c. 136, s. 8 ; 32 & 33 Vict. c. 110, s. 11). t Orders will be made by joint committees under ss. 20, 36, and 60. J Similar provisions are contained in s. 87 of the Act of 1888, COSTS 01-' INQUIRIES. 200 any inspectoi' f3r officer of the Board engaged in the mquiry or proceedmg, not exceedmg three guineas a day.* (3.) The Local Government Board and their inspectors shall have for the purposes of an inquiry in pursuance of this Act the same powers as they respectively have for the purpose of an inquiry under the Public Health Act, 1875.* (4.) Where a county council hold a local inquiry under this Act or under the Local Government Act, 1888, on the application of the council of a parish or district, or of any inhabitants of a parish or district, the expenses incurred by the county council in relation to the inquiry (including the expenses of any committee or person authorised by the county council) shall be paid by the council of that parish or district, or, in the case of a parish which has not a parish council, by the parish meeting ; but, save as aforesaid, the expenses of the county council incurred in the case of inquiries under this Act shall be paid out of the county fund.t 73. — Provision as to Sundaijs and hank hoUdat/s. — When the day on which anything is required by or in pursuance of this Act to be done is Sunday, Christmas Lay, or Good Friday, or a bank holiday, that thing shall be done on the next following day, not being one of the days above mentioned. 74. — Provisions as to SciUy Islands. — This Act * See note (J) on previous page. t The Act of 1888 does not provide for the expenses incurred by county councils in connection with inquiries under that Act, although s. 87 provides for expenses of the Local Government Board. This omission is now remedied. 210 THE LOCAL GOVERNMENT ACT, 1894. bhall bo deemed to be an Act touching local government within the meaning of section forty- nine t)f the Local Government Act, 1888, and a provisional order for the Scilly Islands may, on the ai)])hcation of the council of the Isles of Scill}^ and after sucli ])ubhc notice as ai)i)ears to the Local Government Loard sufficient for giving information to all persons interested, be made accordingly.* 75. — Consiruct'ion of Act. — (1.) The definition of " parish " in section one hundred of the Local Government Act, 1888, sliall not apply to this Act,t but, save as aforesaid, expressions used in this Act shall, unless the context otherwise requires, have the same meaning as in the said Act. (2.) In this Act, unless the context otherwise requires — Any reference to population means the popu- lation according to the census of one thousand eight hundred and ninetj'-one. The expression " parochial elector," when used with reference to a parish in an urban district, or in the county of London or an}' county borough, means any person who would be a parochial elector of the parish if it were a rural parish. The expression "election" includes both the nomination and the poll. The expression " trustees " includes persons * i.e., this Act may be applied to tlic Scilly Islands by a pro- visional order of the Local Government Board. + By section 5 of the Interpretation Act, 1889, " parish " is defined to mean a jilace for which a separate poor rate is or can be made, or for whicli a separate overseer is or can be appointed. DEFINITIONS. . 211 administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used. The expression " ecclesiastical charity " in- cludes a charity, the endowment whereof is held for some one or more of the following purposes : — (a) for any spiritual purpose which is a legal purpose ; or (h) for the benefit of any spiritual person or ecclesiastical officer as such ; or ((') for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination ; or (d) for the maintenance, repair, or improve- ment of any such building as aforesaid, or for the maintenance of divine service therein ; or (c) otherwise for the benefit of any particu- lar church or denomination, or of any members thereof as such. Provided that where any endowment of a charity other than a building held for any of the purposes aforesaid, is held in part only for some of the purposes aforesaid, the charity, so far as that endowment is concerned, shall be an ecclesiastical charity within the meaning of this Act ; and the Charity Commissioners shall, on application b}^ any person interested, make such provision for the apportionment and management of that endow- ment as seems to them necessarv or expedient for giving effect to this Act. The expression shall also include any building p 2 21'2 THE LOCAL GOVERNMENT ACT, 1)594. ■wliic'li in the opinion of the Charity Com- missioners has been erected or provided within forty years before the passing of this Act mainly by or at the cost of members of any particuhir church or denomination. Tlie expression "affairs of the church " shall- include the distril)ution of offertories or other collections made in any cliurdi. The expression " parochial charity " means a charity the benefits of wliieh are or the separate distribution of the benelits of which is confined to inhabitants of a sinf^le parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes.* The expression "vestry" in relation to a parish means the inhabitants of the parish whether in vestry assembled or not, and includes any select vestry either by statute or at common law. The expression " rateable value " means the rateable value stated in the valuation list in force, or, if there is no such list, in the last poor rate. The expression " county " includes a county borough, and the expression " county council " includes the council of a county borough. 'o' * Probably a narrower definition would have excluded some existing charities that may not improperly bo termed "paro- chial," and it is believed that the definition was not settled until the actual circumstances of particular charities had been considered. FIEST ELECTIONS. 213 The expression "elementary school" means an elementar}^ school within the mean- ing of the Elementary Education Act, 1870.* The expression " local and personal Act " includes a Provisional Order confirmed by an Act and the Act confirming the Order. The expression " prescri])ed " means pre- scribed by order of the Local Govern- • ment Board. 76. — Extent of Act. — This Act shall not extend to Scotland or Ireland. 77. — Short title. — This Act may be cited as the Local Government Act, 1894. PART V. Transitory Provisions. 78. — First elections toparish councils. — (1.) The overseers of each rural parish shall convene the first parish meeting of the parish at the time fixed by or under this Act for the first election of parish councillors, whether there is or is not a parish council for the parish, and for this purpose the overseers of a parish shall be deemed to be the overseers of every part of the parish. f (2.) The chairman of the parish meeting at which the first parish councillors are nominated, or in his default the clerk of the guardians, shall convene the first meeting of the parish council. * See note to s. 66. t This provides for parishes divided by s. 1 (3), 211 THE LOCAL GOVERNMENT ACT, 1894. (3.) The first parish councillors and the first chairman of a parish mectin*]; elected under this Aet shall retire on the second ordinary day of coniinj]f into office of councillors* -which happens after their election. 79. — First f}t'ctii)ns of (iKanlicois and district roiiHcils. — (1.) The existinf^ hoards of guardians and urhan and rural sanitary authorities shall take the necessar}' measures for the conduct of the first elections of guardians and district councillors respectively under this Act, inchuling any appoint- ment of returning officers required hy rules under this Act.f (2.) Where a parish is divided hy this Act into two or more new parishes, then, suhject to any order made by the county council, there shall be one guardian, and if it is in a rural district, one district councillor for each of such new parishes. + {'■).) Of the guardians and urban and rural district councillors first elected under this Act, save as hereinafter mentioned, one-third as nearly as may be shall continue in office until the fifteenth day of April one thousand eight hundred and ninety-six, and shall then retire ; and one- third as nearly as may be shall continue in office until the fifteenth day of April one thousand eight hundred and ninety-seven, and shall then retire, and the remainder shall continue in oftice until the fifteenth day of April one thousand eight hundred and ninety-eight, and shall then retire. (4). The guardians and rural district councillors * i.e. ISth April, 1S9G. {See s. 3 (4).) t Sec s. 48. + This applies to parishes divided by ss, 1 (3), 3G (2). FIKST ELECTIONS. 215 to retire respectively on the fifteenth clay of April one thousand eight hundred and ninety-six and on the fifteenth day of April one thousand eight hundred and ninety-seven shall he 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 rota- tion. (5.) Where guardians or rural district councillors retire together at the end of the triennial period, the guardians and district councillors first elected under this Act shall retire on the fifteenth day of April one thousand eight hundred and ninety- eight. (6.) Of the first urban district councillors elected under this Act, the third ^Yho are respectively to retire on the fifteenth day of April one thousand eight hundred and ninety-six and one thousand eight hundred and ninety-seven shall be determined according to their place on the poll at the election, those that were lowest on the poll retiring first. If there was no poll, or if a question arises in consequence of an equality of votes l^etween two or more councillors, the matter shall be determined by ballot conducted under the direction of the council. (7.) In the case of an urban district divided into wards, the foregoing provisions with respect to retirement shall apply separately to each ward. (8.) Upon the day on which the first guardians and urban or rural district councillors elected under this Act come into office,* the persons who are then members of boards of guardians, and urban and rural sanitary authorities, shall cease to hold office, * See page 102 of the Introduction. 2in THE LOCAL GOVERNMENT ACT, 1894. l)nt until that day the persons who are at the pass- in;^ of this Act ^niardians and nicmhers of urban sanitary authorities (for urban districts not being boroughs) and of higlnvay boards shall continue in office notwithstanding any want of qualifica- tion, as if the term of office for which they were elected expired on that day, and, except for the purpose of filling casual vacancies or electing additional guardians, no further elections shall be held.* (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 board of Woolwich and of any vestry under the Metropolis Management Acts, 1855 to 1890, and any Act amending the same, and to the existing and first auditors elected under those Acts in like manner as if they were members of urban sanitary authorities or urban district councillors, as the case may require, except that the date of the annual election shall be substituted for the fifteenth day of April. * Circulars have boon issued by the Local Government Board to boards of giiardians, urban sanitary authorities (other than town councils), highway boards, metropolitan vestries and dis- trict boards, &c., explaining the effect of this subsection. We have mentioned {sec note to s. 50) that the appointment of overseers l)y the justices was to take place this year as usual. It should also bo noticed that in separate highway parishes a surveyor or surveyors of liighways should have been elected at the usual time this year. Members of burial boards and inspectors under the Lighting and Watching Act must likewise, until November next, be appointed at the usual time, notwithstand- ing anything in the Act, REMOVAL OF DIFFICULTIES 217 (11.) The overseers of any parish divided by this Act shall, until the first appointment of overseers next after the appointed day, continue in oftice as if they were overseers of each j^art of the said i:)arish, which by reason of such division becomes a separate parish.* 80. — Power of conniy council to remove diffi- culties. — (1.) If any difficulty arises with respect to the holding of the first parish meeting of a rural parish, or to the first election of parish or district councillors, or of guardians, or of members of the local board of Woolwich, or any vestry in the county of London, or of auditors in the county of London, or to the first meeting of a parish or district council, or board of guardians, or such local board or vestry as aforesaid, or if, from no election being held or an election being defective or other- wise, the first parish or district council, or board of guardians, or local board or vestry has not l)een properly constituted, or there are no auditors under the Metropolis Management Acts, 1855 to 1890, or an insufticient number, properly elected, the county council may by order make any appointment or do any thing which appears to them necessary or expedient for the propei* 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, * See note to subsection (2). Separate ovei'seers for the new parishes formed by the division will not be appointed until the usual time in 1895. The note to s. 50 niay be referred to, 218 THE LOCAL CxOVERNMENT ACT, 1894. be (Ipomod to be a parisb baving a parisb council witbiii tbe meaning of tbis Act. Any sucb order may modify tbe provisions of tbis Act, and the enactments appHed by or rules framed under tbis Act so far as may ai)pear to tbe county council necessary or expedient for carrying tbe order nito effect. (2.) Tbe Local Government Board sball make regulations for expediting and simplifying tbe pro- cedure under section fifty- seven of tbe Local Government Act, 1888, in all cases in tbe year one thousand eight hundred and ninety-four, for the purpose of bringing this Act into immediate opera- tion, and such regulations may dispense with tbe final approval of an order by tJie county council in cases where the prescribed notice of the proposed order has been given before it is made by the county council. 81. — Existing officers. — (1.) Where the powers and duties of any authority other than justices are transferred by tliis Act to any parisb or district council, tbe officers of that authority sball become the officers of that council, and for tbe purposes of this section the body appointing a surveyor of highways shall be deemed to be a highway authority and an}' paid surveyor to be an officer of that body.* (2.) Where there is in a rural parish an existing vestry clerk appointed under tbe Vestries Act, 1850, be sball l^ecome the clerk of tbe parish council, and if there is also an assistant overseer in tbe parish, then, notwithstanding the foregoing * A surveyor of .parish highways appointed under s. 9 of the Highway Act, 1835 (5 & 6 Will. IV, c. 50), appears to be within this clause. EXISTING OFFICERS. 219 provisions of this Act,* that assistant overseer shall not, while such vestry clerk holds office, be the clerk of the parish council. (3.) Any existing assistant overseer in a parish for which a parish council is elected shall, unless appointed by a board of guardians, become an officer of the parish council. (4.) Every such officer, vestry clerk, and assistant overseer, as above in this section men- tioned shall hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties shall receive not less salary or remuneration than heretofore. (5.) Where a parish or rural sanitary district is divided by this Act,f 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 appointment of assistant overseers by a board of guardians shall be repealed as from the appointed day.+ (7.) Section one hundred and twenty of the Local Government Act, 1888,§ which relates to compensation to existing officers, shall apply in the case of existing officers affected by this Act, * The provisions referred to are those of s. 17. + i.e. under ss. 1 (3), 24 (5), or 36 (2). X This will not affect present office-holders (Interpretation Act, 1889, s. 38). § See this section in the Appendix, 220 THE LOCAL GOVERNMENT ACT, 1894. whetlier 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 wliose 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 l)aid as general expenses of the council, and any expenses incurred by a board of guardians in pursuance of this section shall be paid out of their common fund, and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund applicable to payment of the salary of the offices affected. 82. — Provision as to liif/liirai/s. — (1.) Where before the appointed day the highway expenses were charged on a particular parish or other area and not on a district, the district council may determine that the highways in that parish or area shall be placed in proper repair before the expenses of repairing the same become a charge upon the district, and, failing such highways l)eing placed in proper repair to the satisfaction of the district council, the district council may them- selves place the highways in proper repair, and the expense incurred by them of placing those high- ways in proper repair shall be a separate charge on the parish or area, and an}^ (piestion which arises as to whether any such expenses are jiroperly a separate charge on the parish or area shall be determined by the county council, (2.) Where in pursuance of an order of a county council a parish continues to maintain its own liigliways after the appointed day, the highway APPOINTED DAY. S21 expenses shall not be deemed to be expenses of the parish council or of the parish meeting within the meaning of this Act.* 83. — T)uiii of countji council to hring Act into operation. — It shall be the duty of every county council to exercise all such of tlieir powers as may be requisite for bringing this Act into full oj^eration 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. S4:.~ Appointed day. — (1.) 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.f (^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 * A parish not within a highway district will continue to maintain its liighways where an order is made under s. 25, postponing the operation of that section as to highway matters. The reference in the last three lines is to ss. 11 and 19. t The remarks at page 102 of the Introduction should be referred to. + i.e. rules made under s. 48. 222 THE LOCAL GOVERNMENT ACT, l89l. division or alteration Nvhirli ;ifter the appointed day may be- made on application by the parish council or any parochial electors of any parish, may he made before the ajjpointed day on appHeation by the vestry or a like lunnber of the ratepayers of the parish.* Provided that — (a) If an}^ county council havin) 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 i)arocliial elector to vote at the first election in the ward, union, or district in which his qualifica- tion is situate, and in that case the said division or alteration shall be observed in the case of that election. (1.) Subject as in this Act mentioned, "■ the appointed day" shall, * It is to be regretted that a similar provision has not been made for applications before the appointed day for grouping orders and orders for tlic establishment of parish councils in parishes of less than 300 inhabitants. APPOINTED DAY. 223 (a) for the purpose of elections and of parish meetings in parishes not having a parish council, be the day or respective days fixed for the first elections under this Act, or such prior day as may be neces- sary for the purpose of giving notices or doing other acts preliminary to such elections ; and (/>) for the purpose of the powers, duties, and liabilities of councils or other bodies elected under this Act, or other matters not specifically mentioned, be the day on "which the members of such councils or other bodies first elected under this Act come into office ; and {(') for the purpose of powers, duties, and liabilities transferred to a council of a borough by this Act, be the first day of November next after the passing of this Act; and the lists and registers of parochial electors shall be made out in such parts as may be neces- sary 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.f * An order under s. 25 (1) is referred to. t This will enable the comity council to give directions for 2-21 I'llE LOCAL tlOVERNMENt ACT, 1804. 85. — Ciirmit rati's, tC-c. — (1.) Every rate and pre- cept for contributions made before the appointed day may be assessed, levied, and collected, and proceodinfTS 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 expendi- ture before the appointed day shall be audited, and disallowances, surcharges,* and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not passed, but as soon as practicable after the appointed day ; and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day. (3.) All proceedings, legal and other, commenced before the appointed day, may be carried on in like manner, as nearly as may be,, as if this Act had not passed, and any such legal proceeding may be amended in such manner as may appear necessary or proper in order to bring it into con- formity with the provisions of this Act. the election of waywardens in place of those who will cease to hold office when the rural district councillors conic into office, and also to order for what period such waywardens shall be elected, having regard to the period of postponement. — Circular of Local Government Board, 9th March, 1894. * As to disallowances and surcharges, see the remarks on p. 99 of the Introduction. EXISTING SECURITIES. 225 (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 authority shall not affect their identity as a cor- porate body or derogate from their powers, and any enactment in any Act, whether public general or local and personal, referring to the members of such authority shall, unless inconsistent with this Act, continue to refer to the members of such authority under its new name. 86. — Saving for existing securities and discharge of debts. — (1.) Nothing in this Act shall preju- dicially affect any securities granted before the passing of this Act on the credit of any rate or property transferred to a council or parish meeting by this Act ; and all such 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 discharged, paid, and satisfied by that council or parish meet- ing, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for this Act, that rate may continue to be levied and that power to be exercised either by the authority who otherwise would have levied or exercised the same, or by the transferee as the case may require. (2.) It shall be the duty of every authority whose powers, duties, and liabilities are transferred by this Act to liquidate so far as practicable before the appointed day, all current debts and liabilities incurred by such authority. Q 220 THE LOCAL CtOveknment act, 1894. 87. — Sarinr/ for c.vistinn I'l/flairs. — All such 1)VG- laws, orders, and rcf^nilations of any authority, whose powers and duties are transferred hy this Act to any council, as are in force at the time of the transfer, shall, so far as they relate to or are in ])ursnance of the powers and duties transferred, continue in force as if made hy that council, and may he revoked or altered accordingly. 88. — Sariiuj for potditKj contractu, tCc. — (1.) If at the time when any powers, duties, liahilities dehts, or property are hy this Act transferred to a council 01- parish meeting, any action or pro- ceeding, or any cause of action or proceed- ing is pending or existing hy or against any authority in relation thereto the same shall not be iu anywise prejudicially affected hy the passing of this Act, hut may he continued, prosecuted, and enforced hy or against the council or parish meet- ing as successors of the -said authority in like manner as if this Act had not been passed. (2.) All contracts, deeds, bonds, agreements, and other instruments subsisting at the time of the transfer in this section meujioned, and affect- ing any of such powers, duties, liabilities, debts, or property, shall be of as full force and effect against or in favour of the couiu-il or ]iarish meet- ing, and may l)e enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto. 89. — IlcpeaJ. — 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 mentioned, and so much of any Act, whether public general or local and REPEAL. 227 personal, as is inconsistent with this Act is also hereby repealed. Provided that where any wards of an urban district have been created, or any number of members of an urban sanitary authority fixed, by or in pursuance of any local and personal Act, such wards and number of members shall continue and be alterable in like manner as if they had been fixed by an order of the county council under this or any other Act.* * Wc have not thought it necessary to print Schedule II in our copy of the Act, as it is long and deals chiefly with enact- ments superseded by the Act. The most important repeals arc referred to in the Introduction, Q 2 SCHEDULES. FIRST SCHEDULE. Rules as to Parish Meetings, Parish Councils, and Committees. Part One. Bulcs applicable to Parish Meetings* (1.) The annual assembly of the parish meeting shall be held on tlie twenty-fifth day of March in each year, or within seven days before or after that day. (2.) Not less than seven clear days before any parish meeting, public notice thereof shall be given specifying the time and place of the intended meeting and the business 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 dissolu- tion 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 meet ig shall, in the first instance, be decided by the majority of those present and voting on the question, and the chairman shall annoimce his decision as to the result, and that decision shall be final, unless a poll is demanded. (6.) A poll may be demanded at any time before the con- clusion of a parish meeting. • See s. 2 (7). 230 TIIH LOCAL GOVERNMENT ACT, 1804. (7.) A poll may bo (luuiaiideil 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 covmcil ;* (6) The appointment of a chairman for the year or of a committee, or the delegation of any ])owcrs or duties to a conuuitteo, or the approval of the acts of a conmiittcc ; (c) The appointment 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 ; (c) The adoption of any of the adoptive Acts ; (/) The formation or dissolution of a school board ; (g) The consent or refusal of consent to any act, matter, or thing which cannot by law be done without that consent ;f (/;) The incurring of any expense or liability ; (/) The place and time for the assembly of the parish meeting ; (A-) Any other prescribed matter ; J but, save as aforesaid, a poll shall not be taken xmless either the chairman of the meeting assents, or the poll is demanded by parochial electors present at the meeting, not being less than five in number or one-third of those present, whichever number is least. (8.) In case of an ecjual 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, opi)ortunity shall be given at the meeting lor putting questions to such of the candidates as are present, * e.g., an application for the powers of a parish council (s. 19), or for a grouping order, or an order creating a parish council (s. 38) ; a representation as to the stopping of a right of way (ss. ID, 26) ; a complaint of default on tiiopart of a district council to perform tlieir duties (ss. 16, 19). t e.g., consent to the making of a grou[)ing order or an order creating a loarisli council, or to the incurring by the parish council (if any) of any expense or liability (ss. 1, 11). :J: i.e. prescribed by the Local Government Board (s. 75). SCHEDULES. 231 and receiviiifj explanations from theui, and any candidate shall be entitled to attend the meeting and speak thereat, but, unless he is a parochial elector, not to vote. (10.) If the chairman, of the parish meeting ia absent from or unwilling or unable to take tlie chair at nny assembly of the parish meeting, the meeting may appoint a person to take the chair, and that person shall have, for the purpose of that meeting, the powers and authority of the chairman. (11.) Any notice required to be given to or served on a parish meeting may be given to or served on the chairman of tlie parish meeting. Part Two. Rules applicable to Parish Councils* (1.) Every parish councillor shall, at the first meeting after his election, or if the council at the first meeting so permit, then at a later meeting fixed by the council, sign, in the presence of some member of the council, a declaration that he accepts the oftice, and if he does not sign such a declaration his oftice shall be void. (2.) If any casual vacancy arises in the council, the coun- cil shall fortliwith be convened for filling the vacancy. (3.) The first business at the annual meeting shall be to elect a chairman and to appoint the overseers. (4.) The chairman may at any time convene a meeting of the parish council. If the chairman refuses to convene a meeting of the council after a requisition for that purpose signed by two members of the council has been presented to him, any two members of the council may forthwith, on that refusal, convene a meeting. If the chairman (without so refusing) does not within seven days after such presenta- tion, convene a meeting, any two members of the coiincil may, on the expiration of those seven days, convene a meeting. (5.) Three clear days at least before any meeting of a parish council notice thereof, specifying the time and place of the intended meeting and the business to be transacted at tlie meeting, and signed b}' or on behalf of the chairman of the parish council or persons convening the meeting, shaU be given to every member of the parish council, and in case of the annual meeting notice specifying the like particulars * Sec s. 3 (10). 282 TITE T.OCAL GOVERNMENT ACT, 1804. shiiU be ^'ivoii to every member of the parish council immechatc'ly filter his election. (G.) Any notice required by law to be given to the chair- man or any other member of the parish council may be left at or sent by post to the usual place of abode of such chair- man or member. (7.) No business shall be transacted at any meeting of a parisli council unless at least one-third of the full niunber of members are present thereat, subject to this qualitication, that in no case shall the quorum be less than three. (8.) The names of the members present at any meeting of the parish council, as well as of those voting on each ques- tion on wliicli a division is taken, shall be recorded, so as to show whether each vote given was for or against the question. (9.) Every question at a meeting of a parish council shall be decided by a majority of votes of the members present and voting on that question. (10.) In case of an equal division of votes the chairman of the meeting shall have a second or casting vote. (11.) The parish council may, if they think fit, appoint one of their number to be vice-chairman, and the vice- chairman shall, in the absence or during the inability of the chairman, have the powers and authority of the chairman. (12.) The proceedings of a parish council sliall not be invalidated by any vacancy among their members, or by any defect in the election or qualifu-ation of any members thereof. (18.) A parisli council shall hold not less than four meet- ings in each year, of which one shall be the annual meeting, and every sucli meeting shall bo open to the public unless the council otherwise direct. (14.) Every cliecpie or other order for payment of money by a parish council shall be signed by two members of the council. (15.) Any notice required to be given to or served on a parish council may be given to or served on the clerk to the parish council. (16.) The parisli council may appear before any court or in any legal proceeding by their clerk or by any officer or member authorised generally or in respect of any special proceeding by resolution of the council, and their clerk or any member or officer shall, if so authorised, be at liberty to institute and carry on any ])rocecdIng which the parish council are authorised to institute and carry on. SCHEDULES. 233 Part Three. General.* (1.) Minutes of the proceedings of every parish council and piirish meeting shall be kept in a book provided for that purpose. (2.) A minute of proceedings at a ineeting of a parish council, or of a committee of a parish or district council, or at a parish meeting, signed at the same or the next ensuing meeting by a person describing himself as or appearing to be chairman of the meeting at which the minute is signed, shall be received in evidence without fm'ther proof. (3.) Until the contrary is proved, every ineeting in respect of the proceedings whereof a minute has been so made shall be deemed to have been duly coiiA'ened and held, and all the members of the meeting shall be deemed to have been duly qualihed ; and where the proceedings are proceedings of a committee, the committee shall be deemed to have been duly constituted, and to have had power to deal with the matters referred to in the minutes. (4.) Any instrument purporting to be executed under the hands or under the hands and seals of the chairman and of two other members of a parish council or of a parish meet- ing shall, until the contrary is proved, be deemed to have been duly so executed. (5.) Subject to the provisions of this Act, a parish council may make, vary, and re^■oke standing orders for the regula- tion of their proceedings and business, and of the proceed- ings and business at parish meetings for a rural parish having a parish council. (6.) ^Yhere there is no council for a rural parish, the parish meeting may, subject to the provisions of this Act, regulate their own proceedings and business. Part Four. Proceedings of Committees of Parish or District Councils.^ (1.) The quorum, proceedings, and place of meeting of a committee, whether within or without the parish or district, * See ss. 2 (7), 3 (10). t See s. 56 (3). 234 THE LOCAL GOVERNMENT ACT, 1894. and the area (if iiny) within whicli the connnittcc are to exercise their authority, shall be such as may be deter- mincd by ro^nilatioiis of the council or councils appointinj^ tlie connnittcc. (2.) Subject to sucli re^^Milations, the (juoruni, proceedinp;s, and place of meeting, \vhether within or without the parish or district, shall be such as the committee direct, and the chairman at any meeting of the connnittee shall have a second or casting vote. SECOND SCHEDULE. Enactments Repealed.* * See note to s. 89. APPENDIX. LOCAL GOVERNMENT ACT, 1888. (51 & 52 Vict. c. 41.) SECTIONS 54, 57, 58, 59, 120. 54. — -Future AUeraUons of Boundaries. — •(!.) Whenever it is represented by the council of any county or borough to the Local Grovernment Board — - (a) That the alteration of the boundary of any county or borough is desirable ; or ****** (/) That the alteration of any area of local government partly situate in their county or borough is desirable, the Local Grovernment Board shall, unless for special reasons they think that the representation ought not to be entertained, cause to be made a local inquiry, and may make an order for the proposal contained in such representation,' or for such other proposal as they may deem expedient, or may refuse such order ; and if they make the order, may by such order divide or alter any electoi'al division.* • i.e. a division for the election of a county councillor. 230 Till'; LOCAL fiOVERNMENT ACT, 1888. (3.) Providocl thiit if the oi'cler alters the boundary of a county or boruuyh, ***** it shall be provisional only, and shall not have effect unless con- firmed by Parliament. (•i.) Where such order alters the boundary of a borough it may, as consequential upon such alteration, do all or any of the following things : increase or decrease the numl)er of the wards in the boi'ough, and alter the boundaries of such wards, and alter the apportionment of the number of councillors among the wards, and alter the total number of councillors, and in such case, make the proportionate alteration in the number of aldermen. 57. — Fvfure Alterafion of Coviifi/ Diftfricfsi and P(ir!tonent part of any larger area, and provide for the election of representatives in such area, and may extend to any altered area the provisions of any local Act which were previously in force in a portion of the area ; and (h) may make iemporary ])rovision for meeting •the. debts and liabilities of the various authorities affected by the * * * order, for the management of their property, and for regulating the duties, position and re- muneration of officers affected by the * * * order, and apj^lying to them the provisions of this Act as to existing officers ;* and (c) may provide for the transfer of any writs, process, records, and documents relating to or to be executed in any part of the area affected by the * * * order, and for determining questions arising from such transfer ; and (f/) may provide for all matters which appear necessary or proper for bringing into opera- tion and giving full effect to the * * * order ; and (e) may adjust any property, debts and liabilities affected by the * * * order. (5.) Where an alteration of boundaries of a county is made by this Act, an order for any of the above * See s. 120 of the Act of 1888, post. APPENm:?c. 241 mentioned matters may, if it appears to the Local Government Board desirable, be made by that Board, but such order, if petitioned against by any council, sessions, or local authority affected thereby, within three months after notice of such order is given in accordance with this Act, shall be provisional only, unless the petition is withdrawn or the oi'der is con- firmed by Parliament. (6.) A [scheme oi-] order may be made for amend- ing any * * * order previously made in pursu- ance of this Act, and may be made by the same authority and after the same procedure as the original * * * order. Where a provision of this Act respecting a [scheme or] order requires the * * * order to be laid before Parliament, or to be confirmed by Parliament, either in every case or if it is petitioned against, such * * * order may amend any local and personal Act. 120. — Gompenscdion to Existing Officers* — (1.) Every existing officer declared by this Act to be entitled to compensation, and every other existing officer, whether before mentioned in this Act or not, who by virtue of this Act, or anything done in pursu- ance of or in consequence of this Act, suffers any direct pecuniaiy loss by abolition of office or by diminution or loss of fees or salary, shall be entitled to have com- pensation 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 tliis Act, regard being had to the conditions on which his appoint- ment was made, to the nature of his office or employ- * Section 81 of the Local Government Act, 1894, applies this section to the case of existing officers affected by that Act "as if references in [this] section to the county council v/ere refer- ences 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." B 'Ml THE LOCAL GOVERNMENT ACT, 1888. lueiit, to the iliiraticm of his service, to auy lulditioual emolumeuts which he acquires by virtue of this Act, or of auythiug done in pursuance of or in consequence of this Act, and to the emohimeiits which he niij^ht liave acquired if he had not refused to accept any office offered hy any council or other l)ody acting under this Act. and to all the other circumstances of the case, and the coni])ensation shall not exceed the amount which, under the Acts and rules relating to Her Majesty's Civil Service, is paid to a person on abolition of office. (2.) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emoluments for whieh he claims comjxmsation, dis- tinguishing the offices in respect of which the same have been received, and accompanied by a statutory declaration under the Statutory Declaration Act, 1835, that the same is a true statement according to the best of his knowledge, 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 compensa- tion (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 amouiit of compensation assessed, or if not less than one-third of the members of such council subscribe a I^rotest against the amount of the compensation as being excessive, the claimant or any subscriber to such protest (as the case may ])e) may, within three months after the decision of the council, appeal to the Treasury, who shall consider the case and determine whether any compensation, and if so, what amount ought to be APPENDIX. 243 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 produce all books, . papers, and documents in his possession or luidcr his control relatiug to such claim. 't> (6.) The sum payable as compensation to any person in pursuance of this section shall commence to be pay- able at the date fixed by the council on granting the compensation, or, in case of appeal, by tha 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. (7.) If a person receiving compensation in pursu- ance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of emoluments of the ofiice held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation (if any) than, with the emoluments of the said office, is equal to the emoluments for which compensation was gi-anted to him ; and if the emolu- ments of the office he holds are equal to or greater than the emoluments for which compensation Avas granted, his compensation shall be suspended while he holds Such office. (8.) [All expenses incurred by a disti-ict council, in pursuance of this section, shall be paid as general expenses of the council, and any expenses incurred by a board of guardians in ])ursuance of this section shall be paid out of their cominon fund, and any expenses R 2 244 THE LOCAL GOVERNMENT ACT, 1888. incurred bv any otlior authority in pursuance of tliis section shall be i)aid out of the fund applicable to payment of the salary of the offices affected.*] * The words in brackets arc from section 81 (7) of tlie Act of 1894. INDEX Accounts — Of charities, 138 ^ parish meeting, 195 — parish council, 195 — district council, 195 — county council, 202 — joint committee, 195 Inspection of, 197 Action — Pending, 226 Adjustment — Of property, debts and liabilities, 20i Adoptive Acts — Adoption, 117, 190 Transfer of powers under, 117, 190, 201 Expenses, 118, 133 Borrowing under, 135 Aldershot, 198 Allotments — Transfer of powers to parish council, 115, 116, 136 Meetings as to, 110 Purchase and hiring of land, 122, 128 Letting, 130 Appointed Day, 221 Arbiteation — On acquisition of land for allotments, 125, 128 ■ — adjustment of property and liabilities, 205 Areas — Adjustment and altera- tion, 165, 191, 206, 221 Assistant Overseers^ Appointment, &c., 112, 115 — by guardians abolished, 219 To be officer of parish council, 141, 219 Audit — Of accounts, 195, 224 Auditors — District, audit by, 196 (London), qualificatiou and election, 161, 183 — existing, continuance in office of, 210 Baths and Washhouse8 Acts, 117 Borough — Council of, a district coun- cil, 150 Appointment of overseers and assistant overseers, 163 Transfer of powers to council or other repre- sentative body, 163, 164 (New), creation of, effect on parish, 191 Borrowing Powers — Of parish council, 132, 133 — county council, 135, 202 For purposes of adjust- ment, 200 246 INDEX. BOCNDARIES — Adjustmcut and altera- tion, 1C5, 191, 20G, 221 BuEiAL Acts, 117, 201 Bye-Laws — As to recreation gi-ounds, &c., 119 Existing, continued, 22G Candidates— Nomination and election, 182 Meetings, use of school and other rooms. 111 For parish council, heck- ling, 230 — , disqualification of, may he removed, 180 Casual Vacancy — Filling of, 182, 185, 231 Chairman — Of parish meeting, 107, 144, 178 — parish council, 109, 181 — guardians, 149, 197 — district council, 150, 152, 197 — metropolitan vestry or district board, 161, 162 Charities, 113, 136, 144, 163, 211 Questions, settlement of, 207 CnuRcii — Property, and affairs of, 113, 114 Churchwardens — Cease to bo overseers, 113 Transfer of powers to parish council, 114 Churchy'ard, 114 Clerk — Of parish council, 141, 219 — district council, 141 Collector of Poor Rates, 144 Committee — Meetings, use of schools, &c.. Ill Of parish meeting, 144 — parish or district coun- cil, 193 — county council, 111, 121 Joint, 195 Common, 121, 157 Common Pasture, 127 Compounding — Of owners for rates, 164 Construction op Enact- ments — As to vestry, overseers, &c., 189 Contracts — For sewerage and water supply, 140 Pending, 226 County Boroughs — Application of Act to, 161 County Council — Powers of, in default of district council, 139, 146, 158, 201 — — , as to areas and boundaries, 165 Duty of, to bring Act into operation, 221 Lending by, 135 May act through district council, 203 Orders of, to be sent to Govez-nment depart- ments, ^03 County Hate — Appeals, 114 County Rate Basis — Appeals, 115 Court — Settlement by, of ques- tions, 207 INDEX. 247 CuRBENT Rates — Saving for, 2-4 Debts and Liabilities — Transfer of, 204 Adjustment of, 20 1 Existing, saving for, 2£5 Definitions, 210 Demand Notes, 133 Difficulties — Power of county council to remove, ISj, 217 District Auditor — Audit by, 196 District Boards^ (Loudon), IGl District Councils — Defined, 149 Powers and duties of, 123, 154 • — delegation, 189 Employment of, by county council, 203 Failure to perform duty, 127, 139, 144, 158, 201 Expenses, 159 See also " Rural District Council," " Urban Dis- trict Council." District Councillors — See " Rural District Coun- cillors," " Urban Dis- trict Councillors." Documents — ■ Of parish, custody of, 141, 1Q7 Election — Of parish councillors, IC 8, 182 — guardians, 147, 182 — district councillors, 151, 152, 182 — vestrymen and auditors (metropolis), 161, 182 Expenses, 184 First, provisions as to, 214 Emigrant Runners, 158 Exhausted Parish Lands, 183 Existing Officers, 218 Extent of Act, 213 Fairs, 158 Fire-Engine, 115 Footpaths, 135 (secalso "Right of Way ") Game-Dealers, 158 Gang-Masters, 158 Grouping of Parishes, 103, 170 Guardians — Number, 198 Qualification, 147 Disqualification, 178 Election, 147, 182, 200, 217 Co-optation, 149 Term of ofitice, resignation aud retirement, 148, 185, 199, 214 Transfer of powers to parish council, 115 Chairman, 149, 197 IMeetings and proceedings, 197 Existing, continuance in office, 215 Where local Act in force, 200 Harbour — Saving for powers of im- provement commission, 203 High Court— Settlement by, of ques- tions, 207 Highway Authorities — Transfer of powers to dis- trict council, 154 Highway Boards — • abolished, 154 Existing members of, con- tinuance in office, 215 248 INDEX. lIionwAYS— Control of, in rural dis- trict, ISi Stopping diversion, etc., 135 145 Expenses, ICO, 220 Housing of the Working Classes, IIG Impuovement Commission — Harbour powers, 203 Infant Life Puotection, 158 Inn — Use of, for meetings, 200 Inquiries, 110, 208 Joint Committee, 195 Justices — Chairman of councils, &c., are, 150, 1G2 Transfer of powers of, 158, 162 Knackees' Yards, 158 Land — Acquisition of, 119, 122, 124 Lecae Proceedings — Pending, 224, 226 Lighting and Watching Act, 117 Lists of Voters — Preparation of, 175, 222 Literary and Scientific In- stitutions Act, 188 Locae Government Board— Inquiries, &c., by, 110, 208 Powers of, as to altera- tions of areas and boun- daries, 167 ^ as to adjustment of property, debts and lia- bilities, 205 ^ as to compulsory acquisition of land, 123, 124 Rules of, for elections, 109, 148, 151, 152, IGl, 182 London — Provisions as to, 161, 162 JIarried Woman— gualification of, for elec- tion, 108, 147, 151, 152, 161 , as voter, 174 Name — of parish or group of parishes or district, 109, 154, 170, 193 Nomination — of councillors, &c., 182 Notices — of parish councils and parish meetings, 187, 229 Nuisances, 120 Officers — Existing, 218 of parish council, 140 Open Spaces, 119 Overseers — Appointment, 112, 144, 163, 187 Transfer of powers of, 114, 163 and chairman of parish meeting incorporated, 145 Owners — Rating of, 164 Oxford, 200 Parish— Name of, 109, 193 Alteration, division, &c., of, 165 Rural, defined, 106 — (small), parish meet- ings in, 144 books and documents, 115 141 chest, 115 office, 115 INDEX. 249 Parish — property, 113, 115, 145, 170, 191 wards, 143, 199 Parish Council — Establishment, 105, 171, 172 Election, constitution and incorporation of, 108, 182 Chairman, 109, 111 Officers, 110 Meetings and proceed- ings, 109, 110, 200, 231 Powers, 112 Acts of, how signified : consent of parish meet- ing to, 110, 170, 171 Expenses, 132 Failure to elect, 182 Casual vacancy, 182, 231 Dissolution, 172 Parish Councillors— Number, 108 Qualification, 108 Disqualification, 178 Election, 103,143, 182 Term of office, resigna- tion, and retirement, 109, 181, 214 Parish Meetings — Establishment and con- stitution, 105, 107 Chairman, 108, 178 Time and place of meet- ing, 107, 110, 177 Who may convene, 178 Voting at, 107 Powers, 117, 132, 13G, 188 Expenses of, and of polls, 108 111, 133, 146 In large parishes, 143 — small parishes, 144 — parts of parishes, 118, 170, 186 First, provisions as to, 213 Parochial Committee, 139 Parochial Electors — defined, ]07, 210 Register of, 174 Right of, to inspect accounts and docu- ments, 197 , to use school and other rooms, 110 Passage Brokers, 158 Pawnbrokers, 158 Petroleum Act — Execution of, 158 Polls — consequent on parish meetings, conduct of, 108, 186 — expenses, 108, 133 Poor Rate — Appeals, 114 Property — Transfer and adjustment of, 204 Public Improve ts Act, 1860, 117 Public Libraries Act, 117 Public Offices, 119 Public Property and Chari- ties, 136 Public Walks, 119 Questions — Settlement of, unde Act, 207 Recreation Ground, 119,136, 194 Registration of Voters, 174 Repeal of Acts, 226 Returning Officers, 183, 216 Right of Way — Acquisition, 120 Stopping or diversion, 135, 145, 157 250 INDEX. IloADsiDE Wastes, 15G KULES — as to parish meetings, 229, 2:3:3 , parish councils, 231, 23:3 , committees, 233 , elections, lOJ, 148, 151, 152, IGl, 182 Rural District — ■ Alteration, division, Ac, and change of name, 1G5, 193 Rural District Council— Named, cliangc of name, 150, 193 Constitution and elec- tion, 152, 182 Meetings and in-oceed- iugs, 197, 200 Powers of, 139, 154 Expenses, 159 Failure to elect, 198 — to perform duty, 139, 157 Rural District Council- lors — Number and qualifica- tion, 152 Disqualification, 178 Election, 152, U2 Nomination, 153 Term of office, resigna- tion and retirement, 152, 185, 199, 214 Rural Parish— What is a, lOG Rural Sanitary Authority — Existing members of, continuance in office, 215 School— Use of, for meetings, 110 Saving for, 203 School T5oard — Formation and dissolu- tion, 188 School Sites Act, 188 SciLLY Islands, 210 Securities — Existing, 225 Sewerage, 139 Short Title oe Act, 213 Treasurer^ of parish council, 141 Trustees — of cliarities 13G Urban District — Creation or extension of, effect on parish, 191 Change of name, 193 Appointment of overseers and assistant overseers, 1G3 Transfer of powers to district council or other body, 1G3, 1G4 Urban District Council — Named, change of name, 150, 193 Constitution and elec- tion, 150, 182 Meetings and proceed- ings, 197, 200 Powers of, 154 Expenses, 159 Failure to elect, 198 perform duty, 158, 201 Transfer to, of powers under Adoptive Acts, 201 Urban District Council- lors — Qualification, 151 Disqualification, 178 Election, 151, 182 Term of office, resigna- tion and retirement, 151, 182, 214 INDEX. 251 Ubban Sanitaey Authority— Existing members of, continuance in office, 216 Valuation List, 114, 225 Vestry — Transfer of powers to parish meeting, 144 parish council, 113 (Loudon), appointment of overseers and assistant overseers, &c., transfer of powers, 163, 164 Vestry Clerk, 141, 218 Vestrymen — (London) qualification and election, 161, 182 — existing, continuance of, in office, 216 Vestry Room, 115 Vice-Chairman — of guardians, 149, 197 of district council, 197 Village Greens, 115, 119 Voting — at parish meetings, 107 at elections under Act, 107, 148, 151, 152, 161 Water Supply, 120, 139 Women — Married, see " ^larried Women " Woolwich, 161, 184, 216 Woodfall & Kinder, Printers, 70 to 76, Long Acre, W.C. LAW AND POLITICS. The undermentioned Bcoks are by W. A. Holdsworth, Esq. 8/- rractical Family Lawyer. 2nd Edition, embodying all lh« Changes in the Law. 640 pages. 2/6 County Court Guide : A Handbook of Practice and Procedure, with Useful Forms and Table of Fees and Costs. 1881. 2/6 Handy Book of Parisli Law. loth Edition, 1886, comprising all New Legislation up to date. 2/6 Bankruptcy Act of 1883, and Bankruptcy Rules ; in One Volume. I/- Law of Landlord and Tenant, with a Collection of Useful Forms. 35th Edition, 1886, including all recent Statutes. 1^ Tlie Agricultural Holdings (England) Act 1883, and the Ground Game Act 1880. New Edition. With an Appendix of Forms, etc., and an Index. 1888. ly- The Allotments Acts, 1887, with the Cottage Gardens Compen- sation Act, 1887, and the Allotments Act of 1882. I/- Bankruptcy Act of 1883. Seventh Edition, with new matt«f. Viz. The Debtors' Act, 1869. Bankruptcy Appeals (County Courts) Act, 1884. Bankruptcy (Agricultural Labourers' Wages) Act, 1886, The Rules as to Administration Orders. t/- Bankruptcy Rules, 1883, and the General Rules as to Administralioa Orders, Forms, Scale of Costs, Fees, etc. 1/- Corrupt and Illegal Practices Prevention Act, 1883, and tb( unrepealed Provisions of the Acts 1854, 1875. 1/- Weights and Measures' Acts. 1/- Ballot Act, 1872, for Parliamentary and Municipal Electioo* 1/- Law of Wills, Executors, etc. 1/^ Married Women's Property Ad Uiw and FolitiCi — continued. U- Voter's Guide and Canvasser's Manual, a Popular Explanation ol the Law relating to Elections, 1885. J. Trevor Davies. 1/- Handbook of Parliamentary Procedure, for the Use of Local Tarliaments and Debating Societies. H. W. LuCT. 1/6 History of Reform of the Representation of tbe People In Parliament, including Details of the Franchise, Seats, and Registration Acts, 5th Edition,' Enlarged. Alex. Paul. 8/6 An Inquiry into the Nature and Causes of the Wealth of Nations. Unabridged. 780 pages. Ada.M Smith. 1/6 Ireland's Disease: Letters written to " Le Temps." Translated by the Author. Philippe Daryu Volumes on Politics in Morley's Un'IVERSAL Library. 1/., cloth, cut edges; i/-, cloth, uncut edges ; 1/6, parchment back. Two Speeches on Conciliation with America and Two Letters on Irish Questions. Ed.munu Hukke, Leviathan ; or. The Matter, Form, and Power of a Commonwealth, Ecclesiastical and Civil. Thomas HobbeS. Two Treatises on Civil Government. Locke. (■Patriarcha; or, The Power of Kings. Sir Robert Filmer. (. The Prince ; The Life of Castracauxl, etc. Machiavelli. Ideal Commonwealths, Mores Utopia, Bacon's New Atlantis, &a Commonwealth of Oceana. Harrington. On Government, AaisiOTix Political Speeches. eji-, paper covers ; 1/6, in cloth ; 3/6, with Portrait The Right Hon. W. E. Gladstone's Speeches, fhe Right Hon. Joseph Chamberlain's Speechafc The Marquis of Salisbury's Speeches. Lord Randolph Churchill's Speechea. AGRICULTURE AND FARMING, U/6 The Eorse in the Stable and in the Field : Varieties, Managemenl in Health and DiseasH.i'ts : used for Food, Clothing, Medicine, etc. 20 pages of Coloured Illustrations. T. C. Archlk. 6/- Palms and their Allies. 20 pages of Coloured Illustrations. Dr. B. Seemann. B/- British Mosses. 20 pages of Coloured Illustrations. R. Stakk. 1/6 The Family Doctor. 500 Illustrations, comprising all the Medicinal Plants. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. rm L9-25;;i-9,'47(A5618)444 UNIVERSITY OF CALIFORNIA AT LOS ANGELES LIBRARY rju XLX^^i liia.xL 261 Parish councils i A51p 1894 )00 5"I6 0^2 7 JS 261 A31p 1894 =^^«^ :ftS K; 002^ SOA.I» FOR SCRUBBING KITCHEN TABLES AND FLOORS. •rrie World's most marvellous Olaanser and Polisher. Makes Tin likfi Silver Copper like Gold. Paint like' New, Brass Ware like Mirrors Spotless Earthenware, Crockery like Marble, Marble White. SOLD BY GROCERS. IRONMONGERS AND CHEMISTS. ?OMUND EVANS. -ENGRAVES AND PRINTER. RAOQUS" COURT FLEET STREET, LONOTN. I: C