THE 
 
 PARISH COUNCILS 
 
 GUIDE.
 
 THE PARISH COUNCH.S GUIDE.
 
 THE 
 
 PARISH COUNCILS CUIDlr. 
 
 BEING 
 
 Cbc £ocaI (Bopcrnment ^ct, 1894, 
 
 TOGETHER WITH 
 
 AN INTRODUCTION AND EXPLANATORY NOTES. 
 
 NOTE. 
 
 Il7ii7e tJic Third Edition ivns in the press, the Rules for 
 Rlcction of ParisJi and District Councils tverc issued by the 
 Local Govcrnvicnt Board. 
 
 These are most important, and tvill be found at the end of 
 the book. 
 
 THIRD EDITION, REVISED TO DATE. 
 
 S-owhon 
 
 JARROLD & SONS, lo & ii, WARWICK LANE, E.G. 
 
 {All Rights Reserved.']
 
 ^s OCT. mo 
 
 
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 PREFACE. 
 
 Every rural parish, every urban district, even London itself, 
 
 is affected by this Act. 
 c/j It is to be expected then, that many persons other than 
 c/3 lawyers, will desire to know how they personally have been 
 ac affected by the Act. 
 E2 The general public would find the Act itself an incomplete 
 
 source of information, though the main one. 
 
 My endeavour has been to supplement the Act by notes, so as 
 
 to lay before the reader in one book, as far as possible, all the 
 
 law ai^plicable to the subject. 
 ^ I have attempted to give in an Introduction the general 
 ■J principles of the Act — but for all details the Text and the 
 
 Notes thereon must be consulted. The place where any par- 
 
 UJ 
 
 '^'ticular subject is mentioned can be ascertained on referring to 
 the Index. 
 
 I have to express my acknowledgments to the following text 
 
 books, which amongst others I have consulted — Steer's " Parish 
 
 Law," Shaw's " Parish Law," and Wharton's " Law Lexicon ; " 
 
 =! and to my friend, Mr. E. A. Hastings Jay, B.A., LLB., of the 
 
 r< Oxford Circuit, for assistance at various times. 
 
 HARTLEY B. N. MOTHERSOLE. 
 
 Nciv COtU'ty 
 
 Temple, E.C. 
 
 38^ > A HP.
 
 INTRODUCTION. 
 
 The Act provides that every rural parish is to have 
 a parish meeting, whether its population be lartjc or 
 small ; if the rural parish has three hundred or more 
 inhabitants, it has also a parish council in addition to its 
 parish meeting. 
 
 Even a parish with onl}- one hundred inhabitants, or 
 less, ma}' b)' order of the count}' council likewise be 
 governed by a parish council. In the case of small 
 parishes, situate close to each other, it may be thought 
 advisable to group them together under one common 
 parish council, while reserving to each its own separate 
 parish meeting : this can be done by the county 
 council b}' means of a "grouping order." 
 
 Every parish in a Rural Sanitary District is affected 
 b}- this Act, and where a parish is parti}- within and 
 partly without a Rural Sanitary District, the two parts 
 may be created separate parishes. 
 
 The persons alone qualified to attend the parish I'aiisli ir.cut- 
 meeting are the " parochial electors," i.e., the persons 
 registered in either the local government or parliamentar}- 
 register relating to the parish. 
 
 These will be found full}- described in the notes on 
 Sec. 2.
 
 The parish meeting is to assemble at least, once in 
 every year, but a meeting may be convened at any time 
 by any one of the following, viz. : — 
 
 (a) The chairman of the parish council. 
 
 (d) Any two parish councillors. 
 
 (c) The chairman of the parish meeting. 
 
 fd) Any six parochial electors. 
 Parish cuun- The parish council consists of from five to fifteen Sec. 3 
 persons chosen from the parochial electors, or from 
 persons resident during the whole of the preceding 
 twelve months in the parish or within three miles of it 
 
 Women may be elected to the parish council, whether 
 married or sintjle. 
 
 The electors to the parish council are the " parochial 
 
 electors," and the first election is to take place on the 
 
 8th of November, 1894. 
 
 The ordinary term of office of a parish councillor is ^ec. 3 
 
 (3). 
 for one year, from April 15th to April 15th, but in the 
 
 case of those first elected they will remain in office 
 
 from the 8th of November to April 15th next but one 
 
 following. 
 
 Use of school Under certain conditions, for which see Sec. 4, the Sec. 4. 
 
 parochial electors and the parish council may use the 
 
 public elementary schoolroom, free of charge, for the 
 
 purposes of the parish meeting, or any meeting of the 
 
 council, or for holding meetings for the discussion of 
 
 questions relating to allotments, or the candidature of 
 
 any person for the district or parish council. 
 
 The persons or body using the schoolroom are liable Sec. 4 
 for expenses or damage incurred by the use. 
 
 The parish council may, if they prefer, acquire build- Sec. 8 
 ings.for public offices and for meetings. The parish Sec. 61. 
 council may not meet in a public-house, unless no other 
 suitable room can be obtained " for love or money." 
 
 room.
 
 9 
 
 Sec. 5. The duty of appointing overseers and assistant over- Overseers, 
 seers, the noniinalicMi of whom hitherto reposed in the 
 vestry, is now transferred to the parish council, and in 
 guch small parishes where there is no- parish council, to 
 the parish mcetini^. 
 
 The council must on any appointment as above, give 
 written notice to the Board of Guardians, in accordance 
 with the form prescribed by the Local Government 
 Board. Churchwardens arc no longer as such cx-officio' 
 overseers, and all property now held b)- the overseers, or 
 churchwardens and overseers, not being property con- 
 nected with the Church, etc.,, is handed over to the 
 parish council, or meeting,, as the case may be. 
 
 Sec. 0. Speaking generally, the {)arish council, or, in small Towers of 
 
 . , , 1 . -11 -1 • p:irisli couax 
 
 parishes vvhere there is no council, the parish meeting oil. 
 
 stands in the place of the old vestry meeting as regards 
 
 all civil business, and' the same body takes over certaini 
 
 duties of the churchwardens in civil matters,, aiid of the 
 
 overseers as regards appeals from rates. 
 
 All these will be found on reference \.o- the copious; 
 
 notes on Sec. G in the text. 
 
 Sec. 7. At various times Acts have been pas,sed' enc;bl:ng the "Adoptive- 
 
 . . Acts." 
 ratepayers, if they so desired, to carry out certain nn- 
 
 provemcnts in their district, such as the establishment 
 
 of public baths and libraries, etc. 
 
 These Acts, which will be found set out in Sec. 7 and 
 
 the notes thereon, have been adopted in this .Act, and 
 
 the powers hitherto residing in the ratepayers or vestr\-, 
 
 as the case may be, are now transferred to the parish 
 
 meeting, which body can now put tJie above Acts in 
 
 force. 
 
 Sec. 8. The parish council has the same powens as an urban Recreation 
 
 grounds, etc. 
 
 authorit)' with rcganl to the provision and maintenance 
 of public walks, etc., and has a joint obligation, with the 
 
 13
 
 10 
 
 Supply of district council as rec^ards the supply of water in the 
 water. ^ i i j 
 
 parish and the remedying of bad drains, etc. 
 Acquisition of A parish council can acquire land for its own needs Scc- 9. 
 and also for allotments, either by voluntary agreement, 
 or, under certain conditions, compulsorily. 
 
 The parish or district council if unable to acquire the 
 land they require by voluntary agreement, will represent 
 the case to the county council. 
 
 The county council then proceed to hold a public 
 inquiry in the parish : all persons interested may attend 
 the inquiry and state their objections. After the com- 
 pletion of the inquiry, the county council may make an 
 order empowering the parish, or district council, to take 
 the land compulsorily under the Lands Clauses Act. 
 It has been usual where land has been taken compul- 
 sorily, to grant 10 per cent, above the value as compen- 
 sation ; this practice is not to be observed in the present 
 case. 
 
 Public notice is to be given of the order made by the 
 county council, and the order itself must be deposited 
 with the Local Government Board. Anyone interested 
 may then petition the Local Government Board to hold 
 further inquiry before confirming the order of the county 
 council. 
 
 In the absence of such petition, however, the Local 
 Government Board will, if satisfied, confirm the order, 
 and the order after this will have the same effect as an 
 Act of Parliament. 
 
 If a petition be sent to the Local Government Board, 
 the board will proceed to hold a local inquiry before 
 they decide to confirm the order. 
 
 If the county council in the first instance refuse to 
 make the order, the Local Government Board may, on 
 petition, hold a local inquiry, and make an order if they 
 think fit.
 
 11 
 
 Sec 10. The parish council may also hire land for allotments, J^"'!"S "^f 
 
 ' "^ land for allot- 
 
 either by voluntary agreement or compulsorily, on an mcnts. 
 
 order by the council. 
 
 This order would need the same confirmation as the 
 order for the compulsor}' purchase of land mentioned in 
 Sec. 9. 
 
 The parish council would be considered as the land- 
 lord and the holder of the allotment as tenant. 
 
 The council would be liable for rates, taxes, and tithe, 
 but the tenant could be turned out by the council if he 
 allowed his rent to remain unpaid forty days after it 
 was due. 
 Sec. 11. The parish council may not without the consent of a T^estncdons 
 
 ^ on expcndi- 
 
 parish meeting do anything which renders a rate of more tare. 
 
 than 3d. in the £ necessary in any year : — neither can 
 they incur any expense which will involve the raising of 
 a loan, unless they have the consent of the parish meet- 
 ing and the county council. The total rate per annum 
 for their expenses must not exceed 6d. in the £, and the 
 expenses of the parish council and parish meeting are to 
 be defrayed out of the poor rate. 
 
 Sec. 12. In certain cases set out in Sec. 12, the parish council p'^rUh^couu-^ 
 is empowered to borrow money on the security of the ^' 
 poor rate and its revenues. 
 
 The consent of the county council and the Local 
 Government Board must however be obtained, and in no 
 case must the outstanding debt of the parish council 
 exceed one-half of the value of the premises in the 
 parishes liable to contribute to the rates. 
 
 Sec. 12 The county council ma\-, if they think fit, lend the 
 
 money to the parish council, and may even themselves 
 
 borrow monc}' in order to enable them to do so. 
 
 13 The consent of the district council as well as that of Footpaths or 
 
 roads. 
 
 the parish council is required before an)- public right of 
 wa)- in a rural parish can be stopped up or diverted. 
 
 (-
 
 12 
 
 In some cases, a highway hitherto repairable at ths 
 public expense may have become of little use to the 
 public ; where this is so, the parish council should give 
 notice of a resolution to declare it unnecessary which, 
 after certain formalities (see Sec. 13) have been observed, 
 will release the parish from liability as to its main- 
 tenance. 
 Tublic prop. The regulations as to charities here contained are only Sec. 14. 
 
 ei ty and 
 
 chaiiiies. applicable to charities when they have been founded for 
 forty years, or when already founded by donors, anyone 
 of whom is now alive, at the expiration of forty years 
 from the passing of this Act, unless the surviving donors 
 consent to its prior application. 
 
 The trustees of any property held for any public 
 purpose (other than an ecclesiastical charity) in a rural 
 parish, may with consent of the Charity Commissioners 
 transfer the property to the parish council. The parish 
 council will then hold the property subject to the con- 
 ditions on which the trustees held the same. 
 
 In every case where overseers, as such, are included as 
 trustees of any parochial charity, the overseers will retire, 
 and their places will be filled by the parish council, who 
 may nominate some of their own body or other persons 
 as they choose. 
 
 Where the governing body of a parochial charity, 
 although not an ecclesiastical charity, does not include 
 any persons directly representing the inhabitants of 
 the parish, the parish council may appoint additional 
 members : the same rule will apply where church- 
 wardens, as such, are at present trustees of any charity 
 not an ecclesiastical charity. 
 
 The Charity Commissioners regulate the number they 
 may appoint in any case. 
 
 Where one trustee has alone managed the property,
 
 13 
 
 the number of trustees may with the same approval be 
 increased to three. 
 
 In sucli a case the parish council or meeting would 
 nominate one, and the sole trustee would ncjminate the 
 other. The term of office of all trustees so appointed by 
 the parish council shall be for four years — as to those 
 first appointed refer to the text, Sec. It (7). 
 
 The draft of every scheme relatin<^ to any such charity 
 affecting a rural parish, shall, before the final order is 
 made, be communicated to the parish council or meeting 
 as the case may be. 
 
 On receipt of the draft scheme the council or meeting 
 may then take steps to support or oppose the carrying 
 out of the proposed order. 
 Sec. in. The accounts of all parochial charities are to be Accounts, 
 annuall}- laid before the parish meeting, and the names 
 of the recipients of gifts from the same are to be published 
 each year. 
 
 Where a district council fails to provide a proper supply Default of 
 
 r . . . ^1 .1 1 .- ^ -^ district coun- 
 
 ot water, or to carry out the other duties as to sanitary cii. 
 
 matters given them under the IHiblic Health Acts, or 
 
 have failed to properly maintain an\' highwa}-, the parish 
 
 council may complain to the county council. The 
 
 county council then resolve that the powers of the 
 
 district council shall be transferred to themselves or to 
 
 some other i)ers6n or body appointed by them. 
 
 Sec. 18. A parish may be divided into wards for the purpose of Parish wanls. 
 
 election of parish councillors. There will then be a 
 
 separate election of parish councillors for each ward. 
 
 This di\ision can onl}- be made b}- the county council 
 
 on application b}' the parish council or not less than 
 
 one-tenth of the parochial electors. 
 
 The county council would have to be satisfied that a 
 
 single parish meeting for the election of councillors was
 
 u 
 
 Small 
 parishes. 
 
 impracticable owing to the population being very large 
 or scattered. 
 
 Where a parish having under three hundred population s^c 19. 
 has not obtained a parish council by order of the county 
 council, the parish meeting has many of the powers here 
 given to parish councils. They are clearly set out in 
 Sec. 19 of the text 
 
 PAUT II. 
 
 GUARDIANS AND DISTRICT COUNCILS. 
 
 Qualification 
 iui guai'dian. 
 
 After the 8th day of November, 1894, in every rural Sec 20. 
 district there will be a Rural District Council, which will 
 take over all the duties and liabilities of the existing 
 Rural Sanitary Authority. 
 
 The parishes in the rural district will on that day 
 proceed to elect certain persons to represent them on the 
 district council, and the persons so elected will have to 
 perform the duties of guardians of the poor, as well as 
 the duties of district councillors. 
 
 The parishes in urban districts will likewise elect 
 district councillors on that day, but in their case they 
 must also elect persons to serve as guardians of the poor. 
 
 Until the 8th of November all existing guardians and 
 urban and rural sanitary authorities will remain in 
 office, although under ordinary circumstances their term 
 of office would have expired previously (viz., in April 
 next). The next election to these offices will not take 
 place until the 8th of November, and will be held under 
 the conditions prescribed in the Act. 
 
 Hitherto it has been necessary to have a certain 
 property qualification to enable a person to be a
 
 15 
 
 guardian, but now any parochial elector, or person 
 resident witliin the union durin;^ the whole of the 
 previous twehe months, is qualified for election as 
 guardian. 
 
 A woman, even though married, ma}- be elected if 
 otherwise qualified. 
 
 The guardians so elected shall hold office for three 
 years, one-third of the number retiring on the 15th of 
 April in each year. 
 
 Of the guardians elected on the 8th of November, 
 
 Sec. 79. 1894, one-third will hold office until April 15th, 189G, 
 
 one-third until April 15th, 1897, and so on, in order 
 
 to preserve rotation. Justices of the peace for the 
 
 district by virtue of their office, and certain guardians 
 
 nominated by the Local Government Board, have been 
 
 able to act as guardians, though not elected by the 
 
 vestry. This Act declares that there shall be no 
 
 cx-officio or nominated guardians. The onl)^ guardians 
 
 in future, therefore, will be those elected by the parochial 
 
 electors of the parishes in the district. 
 
 In urban districts the district council, will be called I^'strict coun- 
 cils. 
 Sec. 21. the " Urban District Council," and in rural districts the 
 
 " Rural District Council." \n rural districts, as above- 
 Sec. 24. mentioned, the district councillors perform also the 
 
 duties of guardians. The rules as to urban district 
 Sec. 23. councils are set out in Sec. 23. 
 
 The rural district council becomes the rural sanitary 
 
 authority and highway authority for the district, and 
 Sec. 26. must protect all public rights of way and commons. 
 
 Sec. 27. The district council takes over certain duties formerly Powers of 
 
 , 1 , . . .... f. Justices. 
 
 exercised b)- the justices as to the licensing of gang- 
 masters, the ccrtificaticMi of pawnbrokers, infant life 
 protection, etc., which are set out in Sec. 27 of the Act 
 and the notes thereon.
 
 16 
 
 London. 
 
 Expenses. 
 
 The provisions of the Act as to guardians apply to See. 30. 
 the administrative county of London, so that the 
 guardians throughout the country are now placed on the 
 same popular basis. 
 
 The existing sanitary authorities, in the case of Sec. 31. 
 London are the vestries elected under the Metropolis 
 Managements Acts, or in some cases, district boards 
 formed by several vestries. 
 
 The old property qualification which was necessary 
 ior voters and candidates here has been abolished, and 
 they have been placed on the same footing as urban 
 district councils, under Sec. 23. A great reform in this 
 part of the Act has been the abolition of all ex-officio 
 and nominated members of the various authorities. 
 
 Any urban district (including the district of any Sec. .33. 
 sanitary authority in London) may^ on application to 
 the Local Government Board, be granted the powers, etc., 
 given under this Act to parish councils. 
 
 The expenses of a district council in a rural district Sec. 29. 
 are in general to be defrayed out of the general rate of 
 the district, and in an urban district out of the district 
 fund, unless the urban district is a borough, when it will 
 be chargeable on the borough fund. Sec. 28. 
 
 PAUT III. 
 
 AREAS AND BOUNDARIES. 
 
 One of the great aims of this Act is to introduce 
 uniformity into our system of local government, of which 
 it has been said, " there is no labyrinth so intricate as 
 the chaos of our local administration." 
 
 The county council is entrusted with this task. This Sec. 36.
 
 17 
 
 body must at once take steps witli a view to so altering^ 
 cxistinir areas and boundaries, that the whole of c\er\' 
 parish ma}' be in one administrative county and district, 
 and the whole of e\ery rural district may be in one 
 administrative county. 
 
 The county council must hold a local inquiry in tlic 
 place affected, and may then inake such order as to 
 alteration of area as may seem desirable. 
 
 The order will then be submitted to the Local 
 Government Board, unless the Board dispense with this, 
 as they are empowered to by Sec. 80 (2), in all cases 
 during the year 1894. 
 
 If the order is submitted by the county council to the 
 Local Government Board, the latter body will confirm it 
 at the expiration of six weeks, unless a petition, as 
 mentioned in the notes on Sec. '36, has been presented 
 in the interval. After two years from the 5th of IVLarch, 
 1894, the Local Government Board will take over from 
 the county council the powers as to alteration of areas, 
 etc., hereby conferred on the council. 
 
 The remainder of Part III. contains various provisions 
 relating to the alteration of certain specified areas, and 
 to the regulations to be observed in making orders 
 grouping several parishes under one common parish 
 council : for these the Act itself must be consulted, with 
 the notes thereon, Sees. 30-42.
 
 Local Government Act, 1894. 
 
 5Q & 57 Vict. Ch. 73, 
 
 A.D. 1894. ARRANGEMENT OF SECTIONS. 
 
 PAUT I. 
 
 PARISH MEETINGS AND PARISH COUNCILS. 
 
 Constitution of Par is Ji ]\Ice tings and Parish Councils. 
 Section. 
 
 1. Constitution of parish meetings and establishment 
 
 of parish councils. 
 
 2. Parish meetings. 
 
 3. Constitution of parish council. 
 
 4. Use of schoolroom. 
 
 Powers attd Duties of Parish Councils and Parish 
 
 ]\Icetings. 
 
 5. Parish council to appoint overseers. 
 
 6. Transfer of certain powers of vestry and other 
 
 authorities to parish council. 
 
 7. Transfer of powers under adoptive Acts. 
 
 8. Additional powers of parish council. 
 
 9. Powers for acquisition of land. 
 
 10. Hiring of land for allotments. 
 
 11. Restrictions on expenditure. 
 
 12. Borrowing by parish council.
 
 19 
 
 Section. 
 
 13. Footpaths and roads. A.D^894. 
 
 14. Public property and charities. 
 
 15. Delegated powers of parish councils. 
 
 16. Complaint by parish council of default of district 
 
 council. 
 
 17. Parish officers and parish documents* 
 
 18. Parish wards. 
 
 19. Provisions as to small parishes. 
 
 PAUT II. 
 
 GUARDIANS AND DISTRICT COUNCILS. 
 
 20. Election and qualification of guardians. 
 
 21. Names of county districts and district councils. 
 
 22. Chairman of council to be justice. 
 
 23. Constitution of district councils in urban districts 
 
 not being boroughs. 
 
 24. Rural district councils. 
 
 25. Powers of district council with respect to sanitary 
 
 and highway matters. 
 20. Duties and powers of district council as to rights of 
 way, rights of common, and roadside wastes. 
 
 27. Transfer of powers of justices to district council 
 
 28. Expenses of urban district council. 
 
 29. Expenses of rural district council. 
 
 30. Guardians in London and county boroughs. 
 
 31. Provisions as to London vestries and district 
 
 boards. 
 
 32. Application to county boroughs of provisions as to 
 
 transfer of justices' powers. 
 
 33. Power to apply certain provisions of Act to urban 
 
 districts and London.
 
 20 
 
 Section. 
 A.V>. 189J. 'S4:. Supplemental provisions as to control of overseers 
 in urban districts. 
 35. Restrictions on application of Act to London, etc. 
 
 PAUT III. 
 
 AREAS AND BOUNDARIES. 
 
 36. Duties and powers of county council with respect 
 
 to area and boundaries. 
 
 37. Provision as to parishes having parts with defined 
 
 boundaries.. 
 
 38. Orders for grouping parishes and dissolving groups. 
 
 39. Provisions for increase and decrease of population. 
 
 40. Certain orders of county council not to require 
 
 confirmation. 
 
 41. Reduction of time for appealing against county 
 
 council orders. 
 
 42. Validity of county council orders. 
 
 PART IV. 
 
 SUPPLEMENTAL. 
 Parish Meetings and Elections. 
 
 43. Removal of disqualification of married women. 
 
 44. Register of parochial electors. 
 
 45. Supplemental provisions as to parish meetings. 
 4G. Disqualifications for parish or district council. 
 
 47. Supplemental provisions as to parish councils. 
 
 48. Supplemental provisions as to elections, polls, and 
 
 tenure of office. 
 
 49. Provision as to parish meeting for part of parish. 
 
 50. Supplemental provisions as to overseers.
 
 '21 
 
 Parish a/id District Councils, 
 Section. 
 
 51. rublic notices. " A.D. ]S94. 
 
 52. Supplemental provisions as to transfer of powers. 
 
 53. Supplemental provisions as to adoptive Acts. 
 
 51. ICffect on parish council of constitution of urban 
 
 district. 
 55. Power to chariy,'e name of district or parish. 
 50. Committees of parish or district councils. 
 
 57. Joint committees. 
 
 58. Audit of accounts of district and parish councils 
 
 and insjjcction. 
 
 59. Supplemental prox'isions as to district councils. 
 
 Miscellaneous. 
 
 GO. Supplemental provisions as to guardians. 
 
 Gl. IMace of meeting of parish or district council or 
 
 board of guardians. 
 G2. Permissive transfer to urban district council of 
 
 powers of other authorities. 
 G-}. Provisions as to county council acquiring powers of 
 
 district council. 
 G4. County council may act through district council. 
 f'>5. Saving for harbour powers. 
 ()(). Sa\-ing for elementary schools. 
 G7. Transfer of property and debts and liabilities. 
 G8. Adjustment of property and liabilities. 
 G9. Power to deal with matters arising out of alteration 
 
 of boundaries. 
 
 70. Summary proceeding for determination of questions 
 
 as to transfer of powers. 
 
 71. Supplemental i)rovisions as to county council orders. 
 
 72. Provisions as to local iiujuiries. 
 
 73. Provision as to Sundays and bank holidaj-s.
 
 22 
 
 Section. 
 A.D. 1804. 74. Provisions as to Scilly Islands. 
 
 75. Construction of Act 
 
 76. Extent of Act. 
 
 77. Short title. 
 
 PAUT V. 
 
 TRANSITORY PROVISIONS. 
 
 78. First elections to parish councils. 
 
 79. First elections of guardians and district councils. 
 
 80. Power of county council to remove difficulties. 
 
 81. Existing officers. 
 
 82. Provision as to highways. 
 
 83. Duty of county council to bring Act into operation. 
 
 84. Appointed day. 
 
 85. Current rates, etc. 
 
 86. Saving for existing securities and discharge of 
 
 debts. 
 
 87. Saving for existing byelaws. 
 
 88. Saving for pending contracts, etc. 
 
 89. Repeal of Acts. 
 Schedules.
 
 CHAPTER 73. 
 
 An Act to make further provision for Local Government A.D. 1S04. 
 in England and Wales. [5th March, 1894.] 
 
 "DE it enacted by the Queen's most Excellent Majesty, 
 b}- and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, 
 as follows : 
 
 PAUT I. tart^i- 
 
 PARISH MEETINGS AND PARISH COUNCILS. 
 
 Constitution of Pa)- is h Meetings & Parish Councils. 
 
 1. — (1.) There shall be a parish meeting for every Constitution 
 niral i)arish, and there shall be a parish council for cver\- meetings and 
 
 ' establishment 
 
 rural parish which has a population of three hundred or of parish 
 
 councils, 
 upwards : Provided 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 upwards so 
 
 resolve, provide for establishing a parish council in 
 
 the parish, and ma)-, \\\\\\ the consent of the parish 
 
 meeting of any rural parish having a population of 
 
 less than one hundi"ed, provide for establishing a 
 
 parish council in the parish ; and
 
 24 
 
 A. D. 18 94. ^^^j j^^y pi-ovide for grouping a parish with some 
 
 ^'■^^■^ I- neighbouring parish or parishes under a common 
 
 parish council, but with a separate parish meeting 
 
 lor 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. 
 
 Parish Meetings. — This section pro\'ides for the 
 establishment of a parish meeting in every parish 
 in a rural sanitary district. 
 
 Definition of a Parish. — A " Parish " means a 
 ])lace for which a separate overseer is or can be 
 appointed (o2 & o3 Vict. c. 63, Sec. 5). 
 
 Rural Sanitary Distriet.- — The area covered by 
 any " Union " not within an urban district is a rural 
 sanitary district (38 & 39 Vict. c. 55, Sec. 5). 
 " Unions " are groups of parishes joined together for 
 the purpose of administering relief to the poor, the 
 business of the union being transacted by a board 
 of guardians, to which board each parish in the 
 union elects one or more guardians. 
 
 The " Board of Guardians " is the Rural Sanitary 
 Authority, but may and generally does delegate 
 its authority to a committee of its members (38 & 39 
 Vict. c. bb. Sec. 201). 
 
 Parish Councils. — E\"ery " parish " having a popu- 
 lation of three hundred or upwards, has in addition 
 to a parish meeting a parish council. 
 
 Creation of by County Couneil. — See Part III. of 
 this Act. 
 
 (1) On the resolution of a parish meeting of a 
 
 parish having a population of one hundred 
 or upwards, the county council must create 
 a parish council. 
 
 (2) With consent of parish meeting of parish 
 
 having a population of less than one hundred, 
 the county council may create a parish 
 council. 
 
 (3) With consent of the parish meeting the 
 
 county council may group the parish with 
 some neighbouring parish or parishes under 
 a common parish council.
 
 25 
 
 (3) Where a parish is at the passing of' this Act A.D^S9J. 
 
 situate partly within and partly without a rural sanitary I^akt I. 
 
 district, the part of the parish which is within the 
 
 district, and the part which is without, shall as from the 
 
 appointed day, but subject to any alteration of area 
 
 made by or in pursuance of this or any other Act, be 
 
 separate parishes, in like manner as if they had been 
 
 constituted separate parishes under the Divided Parishes ^^ & 40 Vict. 
 
 c GL 
 
 and Poor Law Amendment Act, 16 TG, and the Acts 
 amending the same. 
 
 (3) Separate Parishes — The effect of this sub- 
 section '6 is on and after 8th November, 1(S94, to 
 create two separate and distinct parishes out of any 
 one parish, where one part is within a certain rural 
 sanitary district while the remaining part is outside 
 it. 
 
 This effect will only be produced where the area 
 has not already been altered by the county council 
 under Part III. of this Act, or by the Local Govern- 
 ment Board under any other Act. 
 
 T/ie Divided Parishes and Poor Lazv Aineiidiiie}it Sees. l-y. 
 Act, 187(5, in effect provides that where a parish has 
 some parts of it isolated in another parish, the Local 
 Government Board may make an order constituting 
 separate parishes out of the isolated parts, or joining 
 them to some adjacent parish. 
 
 Ecclesiastical divisions of parishes are not affected, 
 nor the constitution of school districts without 
 consent of the Education Department, nor can tlie 
 boundaries of a municipal borough be altered. 
 
 The parish when constituted shall be a parish for 
 which an overseer shall be appointed, and for all 
 other lay and civil purposes to which a parish may 
 be liable or entitled. 
 
 The Local Government Board shall make clue 
 adjustment of the property, etc., between the various 
 parts. 
 
 2. — (1.) The parish meeting for a rural parish shall Parish meei- 
 
 iugs. 
 
 consist of the following persons, in this Act referred to 
 as parochial electors, and no uLhers, namel}-, the persons 
 
 C
 
 26 
 
 A.l>. 1894. registered in such portion either of the local government 
 Part I, register of electors or of the parliamentary register of 
 . electors as relates to the parish. 
 
 Parochial Electors. 
 
 No person may vote at any election, parliamen- 
 tary or local, without being duly registered. 
 
 The parochial electors constitute the parish 
 meeting, and they are qualified as being registered 
 electors for the county council or for members of 
 parliament, 
 
 A Local Government Electors— Qualifica- 
 tions of. 
 
 (1) Voter may be male or female, but must be 
 
 twenty-one years of age. 
 
 (2) Must have been during the whole twelve 
 
 months previous to July 15th in occupation 
 as owner or tenant of a house, warehouse, or 
 other building within the county. 
 
 (3) Must have resided within seven miles of the 
 
 county during the same period. 
 
 (4) Must have been rated to all poor rates in 
 respect of the property, and paid the same 
 before 20th July, in respect of rates due 
 January 5th previously, 
 
 B Parliamentary Electors — Qualifications of. 
 
 The qualifications required by law to entitle a 
 person to be registered as a parliamentary voter in 
 a county are either on account of ownership or 
 occupation, 
 
 OWNERSHIP OF. 
 
 {a) FreeJiold of 40s. clear yearly value of an estate 
 
 of inheritance or in occupation, or acquired 
 
 by marriage settlement, devise, benefice, or 
 
 office. 
 iU) Freehold o{ £b clear yearly value if an estate 
 
 for life not in occupation or acquired as above 
 
 described. 
 {c) Copyhold or any tenure other than freehold of 
 
 £b clear yearly value. 
 (d) Leasehold — (1) of £b clear yearly value if 
 
 originally created for not less than GO years.
 
 27 
 
 (2) of ;^50 clear yearly value if originally A.D. 1895 
 
 created for a term of not less than 20 years. 
 
 •' Part I. 
 
 OCCUPATION. — 
 
 Persons occupying land or tenements within the 
 county of the clear yearly value of £\() are entitled 
 to be registered if 
 
 (ci) they have occupied them for twelve months 
 
 before the 15th of July in that year ; 
 (Z') all poor rates in respect of the property have 
 been paid before the 20th of July. 
 
 Parliamentary voters in respect of a £\^ occupa- 
 tion can also be registered as county electors under 
 certain conditions. 
 
 Residence. 
 
 Every inhabitant, occupier of a dwelling house, or 
 any part of a dwelling house, is entitled to be regis- 
 tered if 
 
 {a) the rates have been paid ; 
 
 (b) he has lived in the house for twelve months 
 preceding the 15th of July. 
 
 Lodger. 
 
 Every occupier of lodgings of the clear yearly 
 value unfurnished of ;i^lO who has occupied for 
 twelve months before July loth, of the year in which 
 he claims to be registered : he must, however, make 
 a fresh claim every year. 
 
 (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. 
 
 Number of Votes. 
 
 Each parochial elector may give one vote only on 
 any question. 
 
 In an election he may give as many votes as 
 there are members to be elected, so that he in no 
 case gives any one candidate more than one vote. 
 e.g., where there were fourteen candidates for five 
 places, he might give five votes altogether, but not 
 more than one vote to any individual. 
 
 (3.) The parish meeting shall assemble at least once in 
 
 every year, and the proceedings of every parish meeting 
 
 shall begin not earlier than six o'clock in the evening. 
 
 As to first parish meeting, see Sec. 78.
 
 28 
 
 A. D. 18 94. j{. {g ^Q |.^]^g place on the 8th of November, unless 
 
 Part I ths Local Government Board fix a later day (Sec. 
 
 ' 84). 
 
 As to parish meetings where there is no parish 
 council, see Sec. 19. 
 
 As to subsequent meetings, the chairman of the 
 parish council, or any two parish councillors, or the 
 chairman of the parish meeting, or any six parochial 
 electors, may convene a parish meeting at any 
 time (Sec. 45). 
 
 (4.) Subject to the provisions of this Act as to any 
 particular person being the chairman of a parish meeting, 
 the meeting may choose their own chairman. 
 
 If the elected chairman is absent or unwilling to 
 take the chair, the meeting may appoint a chairman 
 (Sched. I., Part I., R. 10). 
 
 If the chairman of the parish council is present, 
 and is not a candidate for election at the meeting, 
 he shall be chairman of the meeting (Sec. 45). 
 
 (5.) A poll consequent on a parish meeting shall be 
 taken by ballot. 
 
 Ballot. 
 
 Voting by ballot was Introduced into parlia- 
 mentary and municipal elections by the Ballot Act 
 of 1872 (35 & 36 Vict. c. 33). The form of voting 
 being by marking a cross opposite the name of the 
 one of the candidates, whose names are printed on a 
 ballot paper, for whom the voter wishes to vote. 
 
 (6.) The reasonable expenses of and incidental to the 
 holding of a parish meeting or the taking of a poll 
 consequent thereon shall be defrayed as hereinafter 
 provided. 
 
 The persons having control over the room are 
 entitled to be repaid all expenses incurred in pre- 
 paring the room for the meeting, or for damage 
 caused at the same. 
 
 The expenses are to be defrayed as part of the 
 expenses of the parish meeting, or council, as the 
 case may be (Sec. 4 [2]).
 
 29 
 
 (7.) With respect to parish meetings the provisions in A.D. is'Sf. 
 the First Schedule to this Act shall have effect. Part i. 
 
 As to the general rules and provisions concerning 
 parish meetings or councils, see Appendix Sched. 
 I. below. 
 
 3. — (1.) The parish council for a rural parish sliall be Constitution 
 
 of parish 
 
 elected from among the parochial electors of that parish council, 
 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 chair- 
 man and councillors, and the number of councillors shall 
 l)e such as may be fixed from time to time by the 
 county council, not being less than five nor more than 
 fifteen. 
 
 (1) Qualification for Councillors. — A parish coun- Sec. ?,. 
 cillor must be either a parochial elector, or (2) a 
 resident in the parish, or within three miles thereof, 
 during the whole of the twelve months before the 
 election. 
 
 Residence. — A man is held by law to have resided 
 in a district for twelve months, when during that 
 period he had a residence there, and intended to 
 return to it after temporary absence. 
 
 (2.) No person shall be disqualified by sex or 
 marriage for being elected or being a member of a 
 parish council. 
 
 (3.) The term of office of a parish councillor shall be 
 one }'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 councillors shall go out of 
 office, and their places shall be filled by the newly 
 elected councillors. 
 
 (5.) The parish councillors shall be elected by the 
 parochial electors of the parish.
 
 30 
 A.a_i894. y^3 ^Q Parochial Electors. 
 
 Pakt I. See Sec. 2 note. 
 
 (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. 
 
 As to first elections of parish councils, see Sec. 
 78 and Sched. I., Part 1 and 2. 
 
 (7.) The parish council shall in every year, on or 
 within seven days after the ordinary day of coming into 
 office of councillors, hold an annual meeting. 
 
 The annual meeting of the council must be 
 between the 15th and 22nd of April, both days 
 inclusive. 
 
 (8.) At the annual meeting, the parish council shall 
 elect, from their own body or from other persons 
 qualified to be councillors of the parish, a chairman, who 
 shall, unless he resigns, or ceases to be qualified, or 
 becomes disqualified, continue in office until his successor 
 is elected. 
 
 (9.) Every parish council shall be a body corporate by 
 the name of the parish council, with the addition of the 
 name of the parish, or if there is any doubt as to the 
 latter name, of such name as the county council after 
 consultation with the parish meeting of the parish direct, 
 and shall have perpetual succession, and may hold land 
 for the purposes of their powers and duties without 
 licence in mortmain ; and any act of the council may be 
 signified by an instrument executed at a meeting of the 
 council, and under the hands or, if an instrument under 
 seal is required, under the hands and seals, of the chair- 
 man presiding at the meeting and two other members of 
 the council.
 
 31 
 
 (9) "Body Corporate:'— '' \ corporation never A.D. i^'-m. 
 dies." It is an artificial person created for the p^ ^ i 
 
 purpose of preserving for ever {i.e., in perpetual 
 
 sticccssiori) certain rights, which, if conferred on 
 individual human beings, would in process of time 
 naturally fail, owing to the death of those indi- 
 viduals. 
 
 {a) A corporation, as a general rule, must affi.x its 
 common seal to all its contracts, except when the 
 matter is a trivial one. 
 
 This subsection does away with the necessity for 
 the use of a common seal, substituting the signatures 
 and seals of the chairman and two other councillors ; 
 but for this provision the common seal of the cor- 
 poration would be necessary. 
 
 Without Lice7tce in Mortmain. — Neither land, nor 
 any estate, or interest in land, e.g., a mortgage, can 
 be conveyed to, or for the benefit of, or be acquired 
 by, or on behalf of, any corporation, otherwise than 
 under the authority of a licence from the Queen or 
 of a statute. 
 
 This section empowers the parish council to bu\', 
 sell, or hold land, for the purpose of its powers and 
 duties, without obtaining a licence from the Crown. 
 
 (10.) With respect to meetings of parish councils the 
 provisions in the First Schedule to this Act shall have 
 effect. 
 
 (10) General Rules. — See Sched. I. 
 
 room. 
 
 4. — (1.) In any rural parish in which there is no Use of school- 
 suitable public room vested in the parish council or in the 
 chairman of a parish meeting and the overseers which 
 can be used free of charge for the purposes in this section 
 mentioned, the parochial electors and the parish council 
 shall be entitled to use, free of charge, at all reasonable 
 times, and after reasonable notice, for the purpose of — 
 (ii) the parish meeting or any meeting of the parish 
 
 council ; or 
 {b) any inquiry for parochial purposes by the Local 
 Government Board or any other Government de- 
 partment or local authority ; or
 
 c. 60. 
 
 32 
 
 A. D. i« 04. r^^-^ holding meetings convened by tlie chairman of the 
 
 Part I. parish meeting or by the parish council, or if as 
 
 to allotments in the manner prescribed by the 
 
 .^& 54 Vic. Allotments Act, 1890, or otherwise as the Local 
 
 Government Board m.ay by rule prescribe, to discuss 
 
 any question relating to allotments, under the 
 
 Allotments Acts, 1887 and 1890, or under this Act ; 
 
 or 
 
 ((/) the candidature of any person for the district 
 
 council or the parish council ; or 
 (c) any committee or officer appointed, either by th^ 
 parish meeting or council or by a county or district 
 council, to administer public funds \\'ithin or for the 
 purposes of the parish 
 any suitable room in the schoolhouse of any public 
 elementary school receiving a grant out of moneys pro- 
 vided by Parliament, and any suitable room the expense 
 of maintaining which is payable out of any local rate : 
 
 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. 
 
 4. — ((7) The parochial electors (see note. Sec. 2) 
 and the parisli council may use \\\q public elementary 
 school room free of charge (if they can obtain no 
 other suitable room free of charge) for the purposes 
 above mentioned. 
 
 (Jj) An example of an inquiry by the Local 
 Government Board is contained in Sec. 9 below, 
 where the Local Government Board holds an 
 inquiry in a parish on application by the parish or 
 district council to grant an order for the acquisition 
 of land. 
 
 {c) As to allotments, see Sec. 9.
 
 33 
 
 Public Elementary School. A.rij.'^r.i. 
 
 This is a school at which elementary education I'akt I. 
 forms the principal part of the education given, and 
 at which the ordinary payments in respect of the 
 instruction from each scholar do not exceed 9d. a 
 week (Elementary l-lducation Act, 167U, Sec. 3). 
 
 Government Grant. 
 
 Towards the maintenance of the above-mentioned 
 schools the Government contributes by means of an 
 annual grant which varies according to the efficiency 
 of the school and the averacre attendance. 
 
 't>^ 
 
 Evening Schools 
 
 Are also contributed to by the Government and 
 are for the purpose of continuing the education of 
 those who are no longer compelled to attend school. 
 
 (2.) If, by reason of the use of the room for any of tlie 
 said purposes, any expense is incurred by the person.s 
 having control over the room, or any damage is done to 
 the room or to the building of which the room is part or 
 its appurtenances, or the furniture of the room or the 
 apparatus for instruction, the expense or damage shall 
 be defrayed as part of the expenses of the parish meeting 
 or parish council or inquir\ as the case may be ; but 
 when the meeting is called for the purpose of the 
 candidature of any person, such expense or damage shall 
 be reimbursed to the parish meeting or the parish 
 council by the persons by whom or on whose behalf the 
 meeting is convened. 
 
 As to expenses of parish meeting or parish 
 council, see Sec. 11. 
 
 (3.) If any question arises under this section as to 
 what is reasonable or suitable, it may be determined, in 
 the case of a schoolhouse by the Education Department, 
 la the case of a room used for the administration of
 
 34 
 
 A.D. 1394. justice or police by a Secretary of State, and in any 
 Part I. other case by the Local Government Board. 
 
 Pozvers and Duties of Parish Councils and Parish 
 
 Mectino-s, 
 
 '£3- 
 
 Parish covincii 5. — H^ fhe DOwcr and duty of appointing overseers 
 
 to appoint 
 
 overseers. of the poor, and the power of appointing and revoking 
 
 o 
 
 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 over- 
 seers of the parish, and shall as soon as may be fill any 
 casual vacancy occurring in the office of overseer of the 
 parish, and shall in either case forthwith give written 
 notice thereof in the prescribed form to the board of 
 guardians. 
 
 Annual Meeting. 
 
 This must be held on some day between the loth 
 and '22nd of April of each year (both dates inclusive). 
 
 Notice of appointment of overseers must be gi\-en 
 to the board of guardians in writing, in the form 
 prescribed by the Local Government Board. 
 
 (2.) As from the appointed day — 
 
 {a) the churchwardens of every rural parish shall cease 
 to be overseers, and an additional number of over- 
 seers may be appointed to replace the churchw^ardens, 
 and 
 
 (i>) references in any Act to the churchwardens and 
 overseers shall, as respects any rural parish, except 
 so far as those references relate to the affairs of the 
 church, be construed as references to the overseers, 
 and 
 
 (c) the legal interest in all property vested either in
 
 35 
 
 the overseers or in the churchwardens and overseers a.d^h.)4. 
 of a rural parish, other than property connected with Pak i i. 
 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 arc 
 requisite for giving effect to this enactment 
 
 {a) The object of this Sec. 5 is to separate the 
 civil and ecclesiastical duties of the churchwarden 
 and to take away from him those duties as overseer 
 which duties he has had merely because he was 
 churchwarden. 
 
 {b) Where in any Act a churchwarden is men- 
 tioned together with overseers, really only in his 
 capacity as overseer, this section declares that the 
 reference shall be construed as if only overseers had 
 been mentioned. 
 
 This is necessary to carry out the principle in {a). 
 
 Affairs of the Church. 
 
 {c) It is impossible to give a perfectly reliable 
 definition of these, but it may be safely taken to 
 include their duties regarding the services of thj 
 church, the keeping in repair of the church fabric 
 and ornaments, the distribution of offertories and 
 collections made in church (Sec. 7-j). 
 
 Ecclesiastical Charity. 
 
 See Sec. 75 and notes thereon. 
 
 6. — (1.) Upon the parish council of a rural parish Transr<.i of 
 coming into office, there shall be transferred to that powers of 
 
 ., vestry and 
 
 council :— other 
 
 (a) The powers, duties, and liabilities of the vestry of =^"'t^""''" '«, 
 
 \ J r ^ ' J parish ccniiicil. 
 
 the parish except — 
 
 (i.) so far as relates to the affairs of the churcii or 
 to ecclesiastical charities ; and
 
 36 
 
 A.D. 1894. (^ij > ^j-,y power, duty, or liability transferred by 
 
 Fart I. ^j^jg j^^^ from the vestry to any other authority. 
 
 (a) Amongst the general powers and duties of the 
 vestry may be enumerated the election of parish 
 surveyors, the appointment of paid collectors of 
 highway rates, the converting of roads repairable by 
 individuals into parish roads. 
 
 (ii.) One of the duties of the vestry is to elect a 
 churchwarden. 
 
 Since the severance of all civil duties from 
 the office by Sec. 5, this duty will come 
 under this exception. 
 
 (/^) The powers, duties, and liabilities of the church- 
 wardens of the parish, except so far as they relate 
 to the affairs of the church or to charities, or are 
 powers and duties of overseers, but inclusive of the 
 obligations of the churchwardens with respect to 
 maintaining and repairing closed churchyards 
 wherever the expenses of such maintenance and 
 repair are repayable out of the poor rate under the 
 IS & 19 Vict. Burial Act, 1855 : Provided that such obligations 
 
 shall not in the case of any particular parish be 
 deemed to attach, unless or until the churchwardens 
 subsequently to the passing of this Act shall give a 
 certificate, as in the Burial Act, 1855, provided, in 
 order to obtain the repayment of such expenses out 
 of the poor rate. 
 
 The chief powers, etc., of the churchwardens left 
 to them by Sec. 5, are such as relate to the affairs 
 of the church or of ecclesiastical charities and are, 
 therefore, not transferred to the council. 
 
 Their duties as overseers, taken away by the 
 above Sec. 5, are transferred to the council 
 
 Closed Churchyards. 
 
 Where a churchyard has been closed by an order 
 in council and burials therein have tlierefore been
 
 37 
 
 discontinued, the churchwardens are bound to main- •"^•^- ^*^^*- 
 tain it and the walls and fences thereof in necessary partTi. 
 repair. 
 
 Their expenses were to be repaid by the over- 
 seers out of the poor rate, on their giving a cer- 
 tificate as to the amount. (18 & 19 Vict. c. 128.) 
 
 This subsec. (I') transfers this duty as to closed 
 churchyards to the parish council, where the church- 
 warden subsequently to the Parish Councils Act, 
 1894, shall give a certificate as above, for the 
 purpose of obtaining repayment of such expenses 
 out of the poor rate. 
 
 (c) The powers, duties, and liabilities of the overseers 
 or of the churchwardens and overseers of the parish 
 with respect to — 
 
 (i.) appeals or objections by them in respect of 
 the valuation list, or appeals in respect of the 
 poor rate, or county rate, or the basis of the 
 county rate ; and 
 (n.) the provision of parish books and of a vestry 
 room or parochial office, parish chest, fire 
 engine, fire escape, or matters relating thereto ; 
 and 
 (iii.) the holding or management of parish 
 property, not being property relating to affairs 
 of the church or held for an ecclesiastical 
 charity, and the holding or management of 
 village greens, or of allotments, whether for 
 recreation grounds or for gardens or otherwise 
 for the benefit of the inhabitants or any of 
 them. 
 
 Valuation Lists. 
 
 In poor law unions an assessment committee is 
 appointed by the guardians (25 & 26 Vict. c. 103, 
 Sec. 2). 
 
 For this assessment committee the overseer is 
 bound to prepare a valuatioti list, i.e., a list of all 
 
 .{SU408
 
 Part I. 
 
 38 
 
 A.D. 1894. the rateable heredital rents in the parish with the 
 
 annual value thereof (Sec. 14-Sec. 16), or a person 
 appointed by the committee may make the valuation 
 list (Sec. 16). 
 
 Objections. — If the overseers think their parish 
 is unfairly treated in any way, they may within 
 twenty-eight days after notice of the deposit of 
 the list, give notice to the committee and the 
 party interested of the objection and the reason 
 for it. 
 
 The committee then hear and determine the 
 objection (Sec. 19). 
 
 Appeals. — If the overseers of one parish think 
 that the parish is unfairly treated, they may appeal 
 to Quarter Sessions after fourteen days notice (Sec. 
 32-Sec. 33). 
 
 All rates to the Poor are founded on valuation 
 lists. 
 
 Poor Rate, 
 
 Where notice of appeal has been given by any 
 person against the rate or assessment, until the 
 appeal is heard the person appealing shall only pay 
 so much as he or the last occupier paid on account 
 of the last rate. If the Court of Quarter Sessions 
 decide in favour of the appellant, any sum ordered 
 to be repaid or returned shall be recovered by 
 distress or otherwise from the overseers (41 Geo. 
 III. c. 23, 83,88). 
 
 This section transfers the liability of the overseer 
 in case of appeals against poor rate to the parish 
 council. 
 
 County Rate. 
 
 A committee of the county council from time to 
 time prepare a basis or standard for the collection 
 of a fair and equal county rate. 
 
 Against this basis the overseers or any inhabitant 
 of a parish may, after notice of it is given, appeal to 
 Quarter Sessions, or they may appeal after the 
 justices at Quarter Sessions have made the rate at 
 so much in the pound (51 & 52 Vict. c. 41, Sec. 17, 
 Sees. 22-25). 
 
 This power resting in the overseers has also been 
 transferred to the parish council.
 
 39 
 
 PARISH BOOKS, &c. 
 
 (2) The overseers may, with consent of the A.D. 1S9-1. 
 vestry, provide depositaries for parish books at cost p~^i^ 
 
 of the poor rate, and where the parish has a popu- ' 
 
 hition of four thousand inhabitants may provide a 
 suitable building, by erection or hiring, for a paro- 
 chial office (24 & 25 Vict. Sec. 1-Sec. 2.) On reso- 
 lution by a vestry empowering the overseers to 
 provide a fire engine, etc., the overseers may do 
 
 so and charge the expense to the poor rate (30 & 
 31 Vict. c. 106, Sec. 29). 
 
 These powers and duties of the overseers are by 
 this subsection (2) transferred to the parish council. 
 
 Recreation Grounds. 
 
 (3) Under the Inclosure Acts, 1845-68, commons 
 might with the consent of the Commissioners be 
 enclosed, provided that a certain portion was left as 
 an allotment for the purpose of a recreation ground. 
 (Under 39 & 40 Vict. c. 56, Sec. 25) such a recrea- 
 tion ground was vested in the overseers and church- 
 wardens, and is now, therefore, to be vested in the 
 parish council. 
 
 Village Greens. 
 
 It is the duty of the overseer or churchwarden 
 to lay an information before two Justices in case of 
 a nuisance being committed on any village green by 
 deposit of rubbish, etc., or of cattle being allowed to 
 stray thereon, without lawful authority (20 & 21 
 Vict. c. 3, Sec. 12). 
 
 Allotments. 
 
 See the Allotments Act, 18S7, 50 & 51 Vict. (48) 
 below. 
 
 ((■/j The powers cxerciseable with the approval of the 
 Local Government Board by the board of guardians 
 for the poor law union comprising the parish in 
 respect of the sale, exchange, or letting of any 
 parish property. 
 (2.) A parish council shall have the same power of 
 making any complaint or representation as to unhealthy
 
 40 
 
 A.D. iS9i. dwellings or obstructive buildings as is conferred on 
 
 Part I. inhabitant householders by the Housing of the Working 
 
 53 & 54 Vict. Classes Act, 1890, but without prejudice to the powers 
 c. 70. 
 
 of such householders. 
 
 Housing of the Working Classes. 
 
 Sec. 31. (1) If in any district any four or more house- 
 
 holders living in or near to any street, complain in 
 writing to the medical officer of health of that 
 district, that any dwelling-house in or near that 
 street is in a condition so dangerous or injurious to 
 health as to be unfit for human habitation, he shall 
 forthwith inspect the same and transmit to the 
 local authority the said complaint together with his 
 opinion thereon, and if he is of opinion that the 
 dwelling-house is in the condition aforesaid, shall 
 represent the same to the local authority ; but the 
 absence of any such complaint shall not excuse him 
 from inspecting any dwelling-house and making a 
 representation thereon to the local authority. 
 
 (2) If within three months after receiving the 
 said complaint and opinion or representation of the 
 medical officer, the local authority not being in the 
 administrative county of London, or not being a 
 rural sanitary authority in any other county, declines 
 or neglects to take any proceedings to put this part 
 of this Act in force, the householders who signed 
 such complaint may petition the Local Government 
 Board for an inquiry, and the said Board after 
 causing an inquiry to be held may order the local 
 authority to proceed under this part of this Act, 
 and such order shall be binding on the local 
 authority. 
 Sec. 38. (1) If a medical officer of health finds that any 
 
 building within his district although not in itself 
 unfit for human habitation, is so situate that by 
 reason of its proximity to or contact with any other 
 buildings, it causes one of the following effects, that 
 is to say : — 
 
 (a) It stops ventilation, or otherwise makes or 
 conduces to make such other buildings to be 
 in a condition unfit for human habitation, or 
 dangerous or injurious to health ; or 
 (d) It prevents proper measures from being carried 
 out for remedying any nuisance injurious t'"*
 
 41 
 
 hcallh, or other evils complained of in respect A.D. 1894. 
 of such other buildings l>,^,.i. i. 
 
 in any case, the medical officer of health shall 
 
 represent to the local authority the particulars 
 relating to such first-mentioned building (in this 
 Act referred to as an obstructive building; stating 
 that in his opinion it is expedient that the obstructive 
 building should be pulled down. 
 
 (2) Any four or more inhabitant householders of 
 a district may make to the local authority of the 
 district, a representation as respects any building to 
 the like effect as- that of the medical officer under, 
 this section. 
 
 (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 r.o & 51 Vict. 
 
 c. 4S. 
 
 conferred on parliamentary electors by the Allotments (,•{ ^^'^^ vj^_ 
 Act, 1887, or the Allotments Act, 1890, but without ''• '^^• 
 prejudice to the powers-. of those electors* 
 
 As to allotment managers, see Sec. 9, Allotments- 
 Act, 1887, here below. 
 
 Under the present section, the parish council, 
 equally with the parliamentar)- electors, mentioned 
 in Sec. i), may apply for allotment managers to be.- 
 appointed. 
 
 Allotments Act, 1887. 
 
 (1) Where allotments have been provided under Sec. 9. 
 this Act for a parish in any rural, district, a petition 
 
 to the sanitary authority ma>- be presented b\' a 
 number of the electors of allotment managers in 
 such parish, not being less than one-sixth of the 
 whole number of such electors pra\-ing for the 
 election oi' allotment managers in such parish, and 
 thereupon the sanitary authority shall order such 
 election, and the allotment managers so elected. 
 shall be the allotment managers of the allotments in 
 such parish, in lieu of allotment managers appointed 
 by the sanitary authority, who, on an election under 
 this Act, shall cease to hold office. 
 
 (2) The first election shall be held on such day 
 
 D
 
 42 
 
 A.D. 1894. as may, subject to the regulations hereinalter 
 
 r\RT^I mentioned, be fixed by the said authority. 
 
 " (3) The number of allotment managers in each 
 
 case shall be such (not being less than three or 
 more than five) as the sanitary authority may fix, 
 and the quorum shall be three, or, if the number of 
 managers is less than five, be two. 
 
 (4) The allotment managers shall retire trienni- 
 ally on such day as may be prescribed by the regu- 
 lations hereinafter mentioned, and the allotment 
 managers first elected shall retire on the day for 
 retirement which occurs next after the expiration of 
 three years after the day fixed for their election. 
 
 (5) Any casual vacancy among the allotment 
 managers which occurs by death, resignation, dis- 
 qualification, or otherwise, may, if there remain a 
 quorum of allotment managers, be filled up by such 
 managers, but the person elected to fill the vacancy 
 shall hold office only for the same time as the 
 vacating manager would have done. 
 
 (6) If at any time by reason of a failure of 
 election, either by electors or allotment managers, 
 or of any other cause, there is no allotment 
 manager, or no quorum of allotment managers, in 
 any parish, the sanitary authority shall appoint 
 allotment managers under this Act in that parish, 
 and shall continue to appoint the same until another 
 petition for the election of allotment managers is 
 presented under this section. 
 
 (7) The electors of allotment managers shall be 
 the parliamentary electors in the parish, that is to 
 say, the persons registered in any list of parliamen- 
 tary electors for the parish as entitled to vote at 
 an election of a member to serve in Parliament, and 
 an elector shall not gi\e more than one vote for any 
 candidate, nor vote for more candidates than the 
 number to be elected. 
 
 (8) The election of allotment managers shall be 
 held at such time and in such manner, and in 
 accordance with such regulations as the Local 
 Government Board may from time to time by order 
 prescribe ; and the Local Government Board may 
 make regulations respecting the duties of the 
 returning officer, and the expenses of the election, 
 and may do and make regulations respecting all 
 such things as appear to them necessary or proper 
 for carr)'ing into effect this section, whether
 
 43 
 
 preliminary or incidental, to such election, and for A.D. 1894. 
 applying to such enactments respecting offences at p.,.^ j 
 
 the election of guardians, and may revoke or alter 
 
 any prc\ious order under this section. Provided as 
 follows : — 
 
 [ci) Such guardian or overseer of the parish or 
 other j)crson as the sanitary authority may 
 appoint, shall be the returning officer. 
 (If) A poll, if demanded, shall be taken by ballot, 
 and the said regulations shall provide for the 
 application to such poll of the Ballot Act, 
 1872, including the provisions for punishing 
 offences. 
 (<r) The poll shall be held on one day only, and 
 shall close at eight o'clock in the evening, 
 and shall be open for at least the period from 
 five to eight o'clock in the evening. 
 (d) The returning officer shall not vote, e.Kcept in 
 the case of an equality of votes between any 
 candidates, in which case he shall have a 
 casting vote, 
 (r) Any ballot boxes, instruments, fittings, and 
 compartments, provided by any public 
 authority for parliamentar)', municipal, or 
 school board elections, or belonging to any 
 public authority for the purpose of elections, 
 shall be lent to the returning officer on his 
 request for the purpose of an election of 
 allotment managers, under such conditions 
 and either free of charge or for such reason- 
 able charge as may be prescribed by regula- 
 tion under this section. 
 (/) The returning officer may, except during 
 ordinary school hours, use free of charge for 
 the purpose of an election under this section 
 any room in a school, receiving a grant out 
 of moneys provided by Parliament, and any 
 room, the expense of maintaining which is 
 payable out of any rate in the parish, but he 
 shall make good any damage done to the 
 room, and defray any expense incurred by 
 the person or body of persons, corpt)rate or 
 unincorporate, having control over the room 
 on account of its being so used. 
 (9) An election under this section shall not be 
 questioned except in such manner as may be pre- 
 scribed by regulations under this section, and the
 
 44 
 
 A D- 1894. regulations may apply to such election any enact- 
 
 I'ART I, ments respecting the questioning of an election of 
 
 guardians. 
 
 (10) If an allotment manager is punished with 
 imprisonment for any crime, or is adjudged a bank- 
 rupt, or enters into a composition or arrangement 
 with his creditors, or ceases to reside in, or in the 
 neighbourhood of the parish, or absents himself for 
 twelve months from all meetings of the allotment 
 managers except for temporary illness or other 
 cause to be approved by such managers, or is a 
 tenant of any allotment under the management of 
 the managers, he shall cease to be an allotment 
 manager, and his office shall be vacant, and a 
 person who, if elected, would by virtue of this 
 enactment cease, otherwise than by reason of 
 absence from meetings, to be a manager, shall not 
 be qualified to be elected a manager but, save as 
 aforesaid any retiring manager shall be eligible for 
 re-election. 
 
 (4.) Where any Act constitutes any persons wardens 
 for allotments, or authorises or requires the appointment 
 or election of any wardens committee or managers for 
 the purpose of allotments, then, after a parish council 
 for the parish interested in such allotments comes into 
 office, the powers and duties of the wardens, committee, 
 or managers shall be exercised and performed by the 
 parish council, and it shall not be necessary to make the 
 said appointment or to hold the said election, and for 
 
 5.-, & 56 Vict, the purpose of Sec. 16 of the Small Holdings Act, 
 
 c 31 
 
 1892, two members of the parish council shall be sub- 
 stituted for allotment managers or persons appointed 
 as allotment managers. 
 
 The Small Holdings Act, 1892. 
 
 Sec. 16, 55 & 56 Vict. (31). 
 
 The county council may delegate their powers 
 under this Act as to the acquiring of land for the 
 purpose of small holdings to a committee, consisting 
 of the local county councillor, two other county 
 councillors, and two allotment managers.
 
 45 
 
 This section substitutes two members of the A.D. 1894. 
 parish council for the allotment manaj^crs, so that — ~ 
 the committee will now consist of the hjcal county "' ' 
 councillor, two other county councillors, and two 
 parish councillors. 
 
 7. — (1.) As from the appointed day, in every rural Transfer of 
 parish the parish meeting shall, exclusively, have the adoptive ""^ '^'^ 
 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, 18-33 ; 
 
 (d) The Baths and Washhouses Acts, 1846 to 
 
 1882 
 
 ) 
 
 (c) The Burial Acts, 1852 to 1885 ; 
 
 (d) The Public Improvements Act, 1860 ; 
 
 (c) The Public Libraries Act, 1892. 
 
 (1) Appointed Day. — The appointed day is the 
 8th of November, 1894, unless the Local Govern- 
 ment Board shall fix a later date in the \-ear (see 
 Sec. 84). 
 
 ADOPTIVE ACTS. 
 The Lighting and Watching Act, 1833. 
 
 (a) Under this Act on an application of three or 
 more ratepa}-ers in the [xarish, the churchwardens 
 were to call a meeting of all the ratepa\-ers to consider 
 whether the provisions of the Act should be adopted. 
 The Act empowers the collection of a rate for the 
 purpose of providing lights and watchmen for the 
 parish, but the Act may be adopted partly, or as a 
 vvhole, i.e., either as regards lights only, or as re- 
 gards watchmen onh', or as to both. 
 
 In any case a majority of two-thirds of the rate- 
 payers is required for its adoption. 
 
 3 & 4 Will. 4 
 c. 90. 
 
 9<& 10 Vict, 
 c. 74. 
 
 45 fc 46 Vict, 
 c. .30. 
 
 15 & 16 Vict. 
 c. 85. 
 
 48 & 49 Vict. 
 c. 21. 
 
 23 & 24 Vict. 
 c 30. 
 
 55 & 56 Vict. 
 c. 53.
 
 Part I. 
 
 4C 
 
 A.D. 1S94. The parish meeting is now substituted for the 
 
 ratepayers, and has exclusive authority to adopt 
 the said Act, but there must be a majority of 
 two-thirds of the meeting in favour of the adop- 
 tion. 
 
 Baths and Washhouses Acts, 1846-1832. 
 
 (b) These Acts provide for the estabHshment out 
 of the rates of public bathing places and wash- 
 houses, with or without drying grounds. 
 
 On application of ten ratepayers a vestry meeting 
 was to be called, but for the adoption of the Act it 
 was necessary that there should be a two-thirds 
 majority in favour of the adoption. 
 
 This Section 7 now substitutes the parish meeting 
 for the vestry meeting, and requires a majority of 
 two-thirds of the meeting for the adoption. 
 
 Burial Acts, 1852-1885.* 
 
 {c) These Acts provide for new burial grounds 
 where for sanitary reasons such are desirable. By 
 these Acts the churchwardens without requisition by 
 the ratepayers- were empowered to summon a meet- 
 ing of the vestry for the purpose of considering the 
 adoption of these Acts. 
 
 Such Acts might be adopted for a part of a 
 parish where such parish was divided (see Sec. 1 
 above). 
 
 The powers of the churchwardens and \'estry 
 meeting as tO' these Acts are now transferred to the 
 parish meeting. 
 
 A simple majority in favour will suffice for the 
 adoption of the Burial Acts. 
 
 Public Improvement Act, 1860. 
 
 {d) This Act provides for the carrying out of 
 improvements beneficial to the health and for the 
 comfort and convenience of the inhabitants, such as 
 erection of seats and opening up of footpaths, etc. 
 The provisions are similar to those of the Baths, etc.. 
 Act, above, but the population of the parish wherein 
 to be adopted must be over five hundred. 
 
 The parish meeting has now the power to adopt 
 these Acts by a simple majority of its body. 
 
 * See Appcndi.K.
 
 Public Libraries' Act, 1892. a.d 1S94. 
 
 (c) This Act provides fur the establishment of i'art i. 
 
 pubh'c free hbraries and reading rooms at the 
 
 expense of the rates. 
 
 On request by ten county electors, or burgesses 
 in a borough, to the overseers (now the parish 
 meeting), that body shall, by means of voting 
 papers, ascertain the opinion of the voters. 
 
 A simple majority of the voters shall suffice for 
 the adoption. 
 
 The parish meeting has the exclusive authority of 
 adopting the said Act, but must first obtain a 
 majority of the parochial electors in favour of the 
 adoption. 
 
 (2.) Where under any of the said Acts a particular 
 majority is required for the adoption or abandonment of 
 the Act, or for any matter under such Act, the like 
 majority of the parish meeting or, if a poll is taken, of 
 the parochial electors, shall be required, and where under 
 any of the said Acts the opinion of the voters is to be 
 ascertained by voting papers, the o[)inion of the 
 parochial electors shall be ascertained b}- a poll taken in 
 manner pro\idcd by this Act. 
 
 (3.) Where under ',u\y of the said Acts the consent 
 or approval of, or other act on. the part of, the vestry 
 of a rural parish is required in relation to any 
 expense or. rate, the jxarish meeting shall be substi- 
 tuted for the vestcy, and for this purpose the expression 
 "vestry" shall iwclude any meeting of ratepayers or 
 voters, 
 
 (4.) Where there is power to adopt ain- of the adop- 
 tive Acts for a part onl}- of a rural [parish, the Act may 
 be adopted by a parish meeting held for that part 
 
 (■").) W'here the area luidcr an}- existing authority 
 acting w ithin a rural parish in the execution of an\- of 
 the adoptive Acts is co-extensive with the parish, all 
 powers, duties, and liabilities of thai authority shall, on
 
 48 
 
 A. D. 18 04. ^i-jg parish council coming into office, be transferred to 
 Part I. that council. 
 
 (6.) Tills Act shall not alter the incidence of charge of 
 any rate levied to defray expenses incurred under any of 
 the adoptive Acts, and any such rate shall be made and 
 charged as heretofore, and any property applicable to the 
 payment of such expenses shall continue to be so 
 applicable. 
 
 (6) Incidence of Charge. — The rate necessary for 
 
 the expenses 'of carrying out the adoptive Acts 
 
 shall be due from the same persons in respect of the 
 
 -same property and in the same proportion as are 
 
 •provided for by the said adoptive Acts. 
 
 '(7.) When any of the adoptive Acts is adopted for the 
 whole or part of a rural parish after the appointed da}-, 
 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 
 
 Tesolution to provide a burial ground under the Burial 
 
 Acts, 1852 to 1885, shall be deemed an adojotion of 
 
 those Acts. 
 
 Additional 8.— (1.) A parish council shall have the following 
 
 powers of ^ -^ ^ ° 
 
 parish additional powers, nameh', power — 
 
 council. 
 
 (ci) to provide or acquire buildings for public offices 
 
 and for meetings and for any purposes connected 
 
 with parish business or with the powers or duties of 
 
 the parish council or parish meeting ; and 
 
 {b) to provide or acquire land for such buildings and 
 for a recreation ground and for public walks ; and 
 
 (r) to apply to the Board of Agriculture under section 
 f J^.t-' ^''''^* nine of the Commons Act, 1876 
 
 (c) The Board of Agriculture's Office is at 4, 
 Whitehall Place, London, S.W. 
 
 o9 & 40 Vict. c. 50, Sec. 9, provides that on appli- 
 cation by persons interested in any common, the
 
 49 
 
 Inclosurc Commissioners (now the Board of At;ri- ^•^- '■''•'^• 
 culture), sliall issue information as to the mode in p^^j..^ j_ 
 
 whicli applications under the Inclosurc Acts are to 
 
 be made, with explanations as to the law with respect 
 to the rc,<;ulation and impro\'ement of commons. 
 
 The Jioard of Ai^riculture will now [:^ive the 
 desired information on application by an)- i)arish 
 council. 
 
 Closed Churchyards, 
 
 See Sec. G {d) above. 
 
 (d) to exercise with respect to any recreation ground, 
 
 village green, open space, or public walk, which is 
 
 for the time being under their control, or to the 
 
 expense of which they have contributed, such 
 
 powers as ma\' be exercised by an urban authority ,„ „ „„ ,,. 
 '■ ' "^ 30 & 3vt Vict. 
 
 under section one hundred and sixty- four of the c. ."iS. 
 
 •' 5:i & 54 Vict. 
 
 Public Health Act, 1875, or section forty-four of the c. 5y. 
 
 Public Health Acts Amendment Act, 1800, in 
 
 relation to recreation grounds or public walks, and 
 
 sections one hundred and eighty-three to one 
 
 hundred and eighty-six of the Public Health Act, 
 
 1875, shall apjjl}- accordingly as if the parish council 
 
 were a local authority within the meaning of those 
 
 sections. 
 
 (d) Public Hcalih Act, 1875, Sec. 164. Powers 
 referred to. 
 
 (i) To purchase, take on lease, lay out, plant, 
 iinproxe, and maintain lands for public walks 
 or pleasure grounds. 
 
 (2) To support, or contribute to support of, ditto 
 
 when jjro\ided b)- any person. 
 
 (3) To make b}'e-la\\s for regulation of ditto, and 
 
 provide for removal of persons infringing 
 b}'e-laws. 
 
 Public Hcalih Act, 1890, Sec. 44. 
 
 (1) *Power to close pleasure grounds, not exceeding 
 
 [* Not to be closed on Sundays or public holidays.]
 
 50 
 
 A.D. 1894. twelve days in year, and grant use of them 
 
 Part I. ^° . . 
 • (1) public chanties, 
 
 (2) agricultural or horticultural shows, 
 
 (3) or any other public purpose, 
 or use themselves. 
 
 Admission to be by payment, or not, at decision 
 of urban authority, or society witli their 
 consent. 
 
 (2) Power to provide and let for hire (or license 
 
 any person to so let) pleasure boats on lake 
 or piece of water. 
 
 (3) Power to make bye-laws with regard to boats, 
 
 boathouses, boatmen, etc. 
 
 Public Health Act, 1875, Sees. 183-6. Rules as to 
 bye-laws — 
 
 May impose on offenders penalties not exceeding 
 
 0) ; for continuing offences, 40s. per day 
 
 after written notice. 
 Bye-laws must provide for recovery of smaller 
 
 sumsi 
 All bye-laws to be submitted to the Local 
 
 Government Board for approval 
 
 Conditions. 
 
 {a) Notice of intention to apply must be inserted 
 in one or more of local newspapers- at least 
 one month before application. 
 
 [b) Copy of proposed bye-laws must be kept at 
 office for inspection, by ratepayers during 
 office hours without fee for one mouth. 
 
 Clerk to furnish ratepapers with copy on applica- 
 Sec. 185. tion, at Gd per 100 words. 
 
 The effect of this appears to be that tlie parish 
 council are to keep a copy themselves at the 
 parochial office, to be open to the inspection 
 of ratepayers during office hours, or, if no 
 regular ofiice hours^ " at all reasonable hours." 
 
 (J) to utilise any well, spring, or stream within their 
 parish and provide facilities for obtaining water 
 therefrom, but so as not to interfere with the rights 
 of any corporation or person ; and 
 
 This power conferred on the parish council does 
 not release the district council from its 
 obligations to provide a proper water supply 
 (see Sees. 10 and 25 below).
 
 51 
 
 (/) to deal with any pond, [)ool, open cliteli, drain, or A. D. 1S94. 
 place containing, or used for the collection of, any p^^i. 
 
 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 an}- private 
 rifjht or the sewajje or drainage works of any local 
 authority ; and 
 
 The district council takes over the powers of the 
 sanitar\' authorities under the Public Health 
 Act, l87o, and the parish council can com- 
 plain of their default if the district council 
 fails to do its duty, see Sec. 16 below. 
 
 (^) to acquire by agreement any right of way, 
 whether WM'thin their parish or an adjoining parish, 
 the acquisition of which is beneficial to the inhabi- 
 tants of the parish or an}' part thereof; and 
 
 {h) to accept and hold any gifts of property, real or 
 personal, for the benefit of tlie inhabitants of the 
 parish or any part thereof; and 
 
 (/) to execute any works (including work's of main- 
 tenance or improvement) incidental to or consequen- 
 tial on the exercise of any of the foregoing powers, 
 or in relation to any parish property, not being 
 property relating to affairs of the church or held for 
 an ecclesiastical charity ; and 
 
 (Jc) to contribute towards the expense of doing any of 
 the things above mentioned,, or to agree or combine 
 with any other parish council to do or contribute 
 towards the expense of doing any of the things 
 above mentioned. 
 
 (2.) A parish council may let, or, with the consent 
 of the parish meeting, sell or exchange,, any land or 
 buildings vested in the council, but the power of letting 
 for more than a }xar and the power of sale or exchange 
 shall not be exercised, in the case of propert}' which has 
 been acquired at the expense of any rate, or is at the 
 passing of this Act applied in aid of an}'' rate, or would 
 but for want o{ income be so ap[)licd, without the 
 consent of the Local Government Board, or in any other
 
 52 
 
 A.D. 1894. 
 
 case without such consent or approval as is required 
 Pak^I. 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. 
 
 (2) The provisions in this section come to this : — 
 
 Letting. 
 
 Parish council may let any lands or buildings 
 vested in them for one year or under. 
 
 Parish council may let for more than one year, 
 only with consent of Local Government Board. 
 
 Sale or Exchange. 
 
 Parish council may only sell or exchange lands, 
 etc., vested in them, with consent of the parish 
 meeting, a?id 
 
 {a) where it has been acquired out of any rate or 
 income applied in aid of rate, with consent of 
 Local Government Board., also 
 ij?) where it has been acquired in any other way 
 wath consent and approval required under 
 the Charitable Trusts Acts, 1853-1891. 
 
 Charitable Trusts Act, 1853. 
 
 (2) Sec. 24. On application by trustees of charity 
 to Charity Commissioners, Charity Commissioners 
 may direct sale or exchange of land if satisfied that 
 it will be advantageous, and give directions with 
 regard to such sale or exchange. 
 
 Sec. 25. On such sale or exchange may sell or 
 purchase rent charge. 
 
 Sec. 26. Such leases, sales, and exchanges, to be 
 valid as if authorized by express terms of trust. 
 
 Charitable Trusts Amendment Act, 1855. 
 
 Sec. 29. Trustees may not make or grant other- 
 wise than with the express authority of Parliament, 
 or of a court or judge of competent jurisdiction, or 
 according to a scheme legally established, or with 
 the approval of the Board, any sale, mortgage, or
 
 53 
 
 charge of tlic charity estate, or any lease tlicreof A.D. 1894. 
 
 in reversion after more than tliree years of any 
 
 existinjj^ term, or for any term of h'fe, or in con- ' 
 
 sideration wholly, or in part of any fine, or for any 
 term of years exceeding twenty-one years. 
 
 (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. 
 
 As to powers of district council see Sees. 16 and 
 25 below. 
 
 (4) Notice of any application to the Board of Agri- 
 culture in relation to a common shall be served upon the 
 council of c\-cry parish in which an}- part of the common 
 to which the aji[)lication relates is situate. 
 
 See Sec. 8, subsection 1 (t-) above. 
 
 9. — (1.) For the purpose of the acquisition of land by Powers for 
 a parish council the Lands Clauses Acts shall be incor- i'a3.''''"°" ° 
 poratcd witli this Act, except the provisions of those 
 Acts \\ ith 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 38 & 39 Vict, 
 apply as if the parish council were referred to therein. 
 
 c. oo. 
 
 Purchase of Land. 
 
 (1) T/k: Lands Clauses Acts, wqxq. passed for the 
 purpose of enabling the promoters of undertakings 
 of a public nature, to have greater facility in 
 acquiring lands, either by agreement or compul- 
 soril}'. 
 
 (i.) The Lands Clauses Act, 1845, Sees. 5, provides 
 that it shall only be necessary in future to state 
 that the said Act, or any part of the said Act, is 
 incorporated, to make the said Act, or that part of 
 it mentioned, an effectual part of the subsequent 
 Act. 
 
 In accordance with this provision, Sec. of the 
 Parish Councils Act enacts that the provisions of
 
 54 
 
 A.D. 189-1. lYiQ Lands Clauses Act as to acquiring land volun- 
 
 Part"i. tai'ily shall be incorporated. 
 
 (ii.) T/ie Lands Chxuscs Act, lS4o, Sec. 6-15, 
 
 together with this Sec. 9 of the Parish Councils Act, 
 enables the parish council to purchase land for the 
 purposes of its powers and duties by voluntary 
 agreement with the owners. 
 
 It also enables persons having only a limited 
 interest in the land, e.g., executors and adminis- 
 trators, trustees, persons only having a life interest 
 in the lands, etc., and generally all persons entitled 
 to receive the rents and profits of the land for the 
 time being, to sell land, etc., to the parish council. 
 
 In these cases the principal money would be paid 
 into a bank for the benefit of all parties interested. 
 For the other provisions the Lands Clauses Acts 
 must themselves be consulted. 
 
 (iii.) The Public Health Act, 1875 (38 & 39 Vict. 
 c. 55), Sec. 178, enables the Chancellor of the Duchy 
 of Lancaster to sell to the local authority {J.e., the 
 parish council) any lands belonging to the Crown, 
 through the Duchy of Lancaster, subject to the 
 rights of the then occupier. 
 
 (2.) If a parish council are unable to acquire by agree- 
 ment 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. 
 
 Acquisition of Land. 
 
 The general effect of this Sec. 9 will be found set 
 out in the Introduction, p. 10 above. 
 
 50 & 51 Vict. (3.) If on any such representation, or on any proceeding 
 53^&54Vict. ""'^e^ the Allotment Acts, 1887 and 1890, a county 
 c. 65. council are satisfied that suitable land for the said pur- 
 
 pose of the parish council or for the purpose of allotments 
 (as the case may be), cannot be acquired on reasonable 
 terms by voluntary agreement, and that the circumstances 
 are such as to justify the county council in proceeding 
 under this section, they shall cause such public inquiry to 
 be made in the parish, and such notice to be given both 
 in the parish and to the owners, lessees, and occupiers of
 
 55 
 
 the land proposed to be taken as may be prescribed, and a d. iS'Ji. 
 all persons interested shall be permitted to attend at the i^^^^l. 
 
 inquiry, and to support or oppose the taking of the land. 
 
 (4.) After the completion of the inquiry, and con- 
 sidering all objections made by any persons interested, 
 the county council may make an order for putting in 
 force, as respects the said land or any part thereof, the 
 provisions of the Lands Clauses Acts with respect to 
 the purchase and taking of land otherwise than by 
 agreement. 
 
 Compulsory Acquisition of Land. 
 
 Compulsory Acquisition. 
 
 Under Sec. 3 of the Allotm.ents Act, 1887, the 
 county authority ma}', on petition by the sanitary 
 authority, stating that they are unable to acquire 
 suitable land by voluntary agreement, make a 
 provisional order authorising the sanitary authority 
 to put the compulsory clauses of the Lands Clauses 
 Acts in force. 
 
 Snperfluojis Lands. 
 
 Sec. 11 of the Allotments Act, 1887, provides 
 that where more land has been acquired than is 
 necessary, the authority {i.e., the parish council) may 
 sell or exchange the same, provided that the former 
 owner has a right of pre-emption, i.e., that it is 
 offered to him first to re-purchase if he will. 
 
 (5.) If the county council refuse to make any such 
 order, the parish council, or, if the proceeding is taken 
 on the petition of the district council, then the district 
 council, may petition the Local Government Board, and 
 that Board after local inquiry may, if they think proper, 
 make the order, and this section shall apply as if the 
 order had boon made by the county council. Any order 
 made under this subsection overruling the decision of 
 the county council shall be laid before Parliament by 
 th2 Local Government Board,
 
 c 
 
 6 
 
 A.D. 1894. (6.) A copy of any order made under this section, 
 Part^I 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 Government Board praying 
 that the order shall not become law without further 
 inquiry. 
 
 hi the presented i)ia7tner — The Local Gov^ernment 
 Board will prescribe the manner in which the order 
 is to be served. 
 
 (7.) The order shall be deposited with the Local 
 Government Board, who shall inquire whether the pro- 
 visions 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 pre- 
 scribed period — 
 
 {(i) If no memorial has been presented, or if every 
 such memorial has been withdrawn, the Board shall, 
 without further inquiry, confirm the order : 
 
 {b) If a memorial has been presented, the Local 
 Government Board shall proceed to hold a local 
 inquiry, and shall, after such inquir}-, either con- 
 firm, with or without amendment, or disallow the 
 order: 
 
 {c) Upon any such confirmation the order, and if 
 amended, as so amended, shall become final and 
 have the effect of an Act of Parliament, and the 
 confirmation by the Local Government Board shall 
 be conclusive evidence that the requirements of this 
 Act have been complied with, and that the order 
 has been duly made, and is within the powers of 
 this Act. 
 
 (8.) Sections two hundred and ninety-three to two 
 liundred and ninety-six, and subsections (i) and (2) of 
 section two hundred and ninety-seven of the Pub'-'c 
 Health Act, 1S75, shall app'y to a local inquiry held 
 by the Local Government Board for the purposes of this
 
 57 
 
 A.D. Ift94. 
 
 section, as if those sections and subsections were herein 
 re-enacted, and in terms made applicable to such ^''^^'^ !• 
 inquiry. 
 
 This section re-enacts 
 
 (8) The Public Health Act, 1875, Sees. 293-206 
 and Sec. 297 (1) (2), and in effect provides that the 
 Local Government Board may determine by whom 
 or out of what rate the costs of the local inquiry 
 and appeals to the Board shall be defrayed. 
 
 It also empowers the Inspectors of the Local 
 Government 13oard to call and examine witnesses 
 on oath and to order the production of such 
 papers, etc., as they may require for the purposes of 
 the inquiry. 
 
 Public notice of any order the Board may make, 
 or of any local inquiry to be held by them must be 
 inserted in two successive weeks in some local 
 newspaper circulating in the district. 
 
 (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 pur- 
 pose of the purchase of land otherwiiic than b}- agreement 
 shall incorporate the Lands Clauses Acts and sections 
 seventy-seven to eighty-five of the Railways Clauses 
 Consolidation Act, 1815, with the necessary adaptations, 
 but any question of disputed compensation shall be dealt 
 with in the manner provided b}' section three of the 
 Allotments Act, 1887, and provisoes (<?), ((^), and (^r) ofs&ovict. 
 
 c. 20. 
 subsection (4) of that section are incorporated with this 
 
 section and shall apply accordingly : Provided that in 
 
 determining the amount of disputed compensation, the 
 
 arbitrator shall not make any additional allowance in 
 
 respect of the purchase being compulsory. 
 
 Mines. 
 
 (10) T//C effect of The Railzuays Chxuses Cotisoli- 
 dation Act, 1845, Sees. 77-85, in conjunction with 
 
 £
 
 r. 
 
 8 
 
 A. D. 18 9^. ^-jjg gg^ g jg |.Q disentitle the parish council to any 
 
 Part I. mines under lands purchased by them. 
 
 If the working of them would be likely to injure 
 
 the land for the purposes of which the parish council 
 require the same, they have the option of purchasing 
 the mines, but if they refuse to purchase them the 
 owner may work them nevertheless. 
 
 Disputed Compensation, 
 
 The Allotments Act, 1887, Sec. 3, in effect 
 provides that any question of disputed compensation 
 shall be referred to a single arbitrator appointed by 
 the parties. If the parties do not concur, the Local 
 Government Board on the application of either of 
 them, are to appoint an arbitrator. 
 
 If the arbitrator fail to make his award within 
 two months, the Local Government Board must 
 make a fresh appointment. 
 
 The arbitrator must also determine the amount of 
 the costs of the inquiry, and how and by whom they 
 are to be paid. 
 
 (11.) At any inquiry or arbitration held under this 
 section the person or persons holding the inquiry or 
 arbitration shall hear any authorities or parties interested 
 by themselves or their agents, and shall hear witnesses, 
 but shall not, except in such cases as may be prescribed, 
 hear counsel or expert witnesses. 
 
 (12.) The person or persons holding a public inquiry 
 for the purposes of this section on behalf of a county 
 council shall have the same powers as an inspector or 
 inspectors of the Local Government Board when holding 
 a local inquiry ; and section two hundred and ninet}-- 
 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. 
 
 Public Inquiry. 
 
 (12) When the county council causes a public 
 inquiry to be held under subsection 3 above, the
 
 59 
 
 persons holdini^ the inquiry shall have the powers ■^•^- ^89** 
 of Inspectors of the Local Government Board, which pa'rt"!. 
 
 arc set out in the note to subsection (8) above. . 
 
 The Public Health Act, 1875, Sec. 294, together 
 with this subsection 12, empowers the Local Govern- 
 ment Board to make an order as to the persons or 
 rates which are to bear the costs of the inquiry. 
 
 (13.) Subsection (2) of section two, if the land is taken 
 for allotments, and, whether it is or is not so taken, 
 subsections (5), (G), (7), and (8) of section three of the 
 Allotments Act, 1887, and section eleven of that Act, 50 & 5i vict. 
 
 c. 48. 
 
 and section three of the Allotments Act, 1890, are 53 & 5i Vict. 
 
 c. 65. 
 incorporated with this section, and shall, with the 
 
 prescribed adaptations, apply accordingly. 
 
 Allotments Act, 1887. 
 
 (2) A sanitary authority shall not under this Act ^^'^- 2« 
 acquire land for allotments, save at such price or 
 rent that in the opinion of the sanitary authority 
 all expenses, except such expenses as are incurred 
 in making roads to be used by the public, incurred 
 by the sanitary authority in acquiring the land, and 
 otherwise in relation to the allotments, may reason- 
 ably be expected to be recouped out of the rents 
 obtained in respect thereof. 
 
 For the purpose of this section, the expression 
 " reasonable rent " means the rent exclusive of rates, 
 taxes, and tithe-rent charge, which a person taking 
 an allotment might reasonably be expected to pay, 
 taking one year with another, to a landlord, having 
 regard to the value of similar land in the neighbour- 
 hood to the extent and situation of the allotments, 
 to the expenses of achqjting the land to the 
 purposes of the allotment, and to the repairs and 
 other outgoings payable by the landlord, and to the 
 cost and risk of collecting the rents of, and 
 otherwise managing, allotments. 
 
 (5) In construing for the purposes of this section Sec. 3. 
 any section or Acts incorporated with this section, 
 this Act, together with any Act confirming a 
 provisional order under this section, shall be deemed 
 to be the .special Act, and the sanitary authority
 
 GO 
 
 A.D. 1894. 
 
 Part I. 
 
 Sec. 11. 
 Superfluous 
 Land, Sale of. 
 
 shall be deemed the local authority or the pro- 
 moters of the undertaking, as the case requires, and 
 the word " land " shall have the same meaning as in 
 this Act. 
 
 (6) Where land is purchased by a sanitary 
 authority under this Act otherwise than by agree- 
 ment, the following provisions shall apply : — 
 
 (cz) The county authority shall not make a 
 provisional order for purchasing any park, 
 garden, pleasure ground, or other land 
 required for the amenity or convenience of 
 any dwelling-house, or any land the property 
 of a railway or canal company which is or 
 may be required for the purposes of their 
 undertaking. 
 
 (J?) The county authority shall, in making a 
 provisional order for purchasing land, have 
 regard to the extent of land held in the 
 neighbourhood b}- any owner, and to the 
 convenience of other property belonging to 
 the same owner, and shall, so far as is 
 practicable, avoid taking an undue or incon- 
 venient quantity of land from any one 
 owner. 
 
 (7) For the purpose of the hiring of land by a 
 sanitary authority for allotments, any person or body 
 of persons or body corporate authorised to sell land 
 to the sanitary authority for the purposes of this Act, 
 may without prejudice to any other power of 
 leasing, lease land to the sanitary authority for the 
 purposes of this Act, without any fine or premium 
 for a term not exceeding thirt}"-five years. 
 
 (1) Where the sanitary authority are of opinion 
 that an)' land acquired by them in pursuance of 
 this Act, or any part thereof, is no longer needed 
 for the purpose of allotments, or that any other 
 land more suitable for such purpose is available, 
 they may, with the sanction of the count}- authority, 
 sell or let such land, or part, or exchange the same 
 for other land more suitable for the said purpose, 
 and may pay or receive money for equality of 
 exchange. 
 
 (2) The proceeds of a sale under this section and 
 any money received by the sanitary authority on 
 any such exchange as aforesaid, by way of equality 
 of exchange, shall be applied in discharging either 
 by way of a sinking fund or otherwise the debts
 
 Gl 
 
 and liabilities of the sanitary authority in respect of ^•^- ^^"-^^ 
 the land acc]uired under this Act, or in acquirinc^, p^^i 
 
 ada[iting, and improving other land for allotments 
 
 under this Act, and any surplus remaining may be 
 applied for any purpose for which capital money 
 may be applied and which is approved by the 
 Local Government Board ; and the interest thereon 
 (if any) and any money received from the letting 
 of the land may be applied in acquiring other land 
 for allotments, or shall be applied in like manner as 
 receipts from allotments under this Act are applic- 
 able : Provided that any such proceeds, surplus 
 interest, and money, shall, in the case of a rural 
 sanitary district, be credited to or applied for the 
 benefit of the parish for which the land was pur- 
 chased. 
 
 (3) Sections one hundred and twenty-eight to 
 one hundred and thirt)--two (both inclusive) of the 
 Lands Clauses Consolidation Act, 184-3 (relating to 
 the right of pre-emption of superfluous lands), shall 
 apply upon any sale by a sanitary authority in 
 pursuance of this section of any land, whether 
 because other land more suitable for the purpose is 
 available, or otherwise ; but save as aforesaid, the 
 provisions of the Lands Clauses Consolidation Act, 
 1845, with respect to the sale of superfluous lands 
 shall not be deemed to be incorporated in this Act, 
 or in any provisional order made under this Act 
 
 Allotments Act, 1890. 
 
 (1) For the purposes of this Act or the principal ^c- 5. 
 Act, every county council, as soon as is conveniently 
 practicable after the passing of this Act, and 
 annuall}', thereafter, at the meeting for the election 
 of chairman, shall appoint under the Local Govern- 
 ment Act, 1888, a standing committee not exceeding 
 one-fourth of their whole body. 
 
 ("..-*) For the purpose of any business under this 
 Act relating to any district or parish wholly or 
 partly situate in an electoral division, the county 
 councillor representing that division shall, if not 
 already appointed, be an\- additional member of 
 the committee. 
 
 (3) Aiu' petition under this Act shall as of 
 course and without any order of the council be 
 referred to the standing committee^ who, on being
 
 62 
 
 A. p. 1894. satisfied of the bo7id fides of the appHcation, shall 
 
 Part I. forthwith cause a local inquiry into the circum- 
 
 stances to be made, and shall report the result to 
 
 the council. 
 
 (14.) Where the land is acquired otherwise than for 
 allotments, it shall be assured to the parish council ; and 
 any land purchased by a county council for allotments 
 under the Allotments Acts, 1887 and 1890, and this Act, 
 or any of them, shall be assured to the parish council, 
 and in that case sections five to eight of the Allotments 
 Act, 1887, shall apply as if the parish council were the 
 sanitary authority. 
 
 As to these Sees. 5-8 of the Allotments Act, 1887, 
 see notes Sec. 10, subsection 6, where the effect is 
 stated in detail. 
 
 (15.) Nothing in this section shall authorise the parish 
 council to acquire otherwise than by agreement any land 
 for the purpose of any supply of water, or of any right of 
 way. 
 
 (IG.) In this section the expression "allotments" in- 
 cludes common pasture where authorised to be acquired 
 under the Allotments Act, 1^87. 
 
 (IG) Cojiniion Pasture. — Under Sec. 12 of the 
 Allotment Act, 1887, the sanitary authority (and by 
 this section 9 of the Local Government Act, 1894, 
 the county council) is empowered to acquire land 
 for purposes of common pasture if the county 
 council or sanitary authority, as the case may be, 
 is of opinion that such common pasture is needed 
 by the parish or district, and that the fees charged 
 for the pasturing of cattle thereon will recompense 
 the authority for the expense of creating and main- 
 taining the common pasture. 
 
 (17.) Where, under the Allotments Act, 1890, the 
 Allotments Act, 1887, applies to the purchase of land by
 
 63 
 
 the county council, that Act shall apply as amended by A.D. 1894. 
 this section, and tlie parish council shall have the like Part I. 
 power of petitioning the county council as is jiriven to six 
 j)arlianientary electors by section two of the Allotments 
 Act, 1890. 
 
 (17) The Allotments Act, 1890, Sees. 2-4 in effect 
 provide that where a representation as to the 
 necessity of land being acquired for allotments has 
 been made to the sanitary authority and has not 
 been complied with, the six parliamentary electors 
 therein mentioned, or the parish council (under tlie 
 subsection 17), may petition the county council to 
 the like eftect. 
 
 The county council may then, if they think fit, 
 take over the powers of the sanitary authority. All 
 petitions on this subject are handed over to a stand- 
 ing committee of the county council. The county 
 council may too make a provisional order for the 
 purchase of land on the recommendation of the 
 standing committee without any petition from the 
 sanitary authority. 
 
 (18.) This section shall apply to a county borough 
 with the necessary modifications, and in {^articular with 
 the modification that the order shall be both made and 
 confirmed by the Local Government Board and shall be 
 carried into effect b}- the council of the county borough. 
 
 (19.) The expenses of a county council incurred under 
 this section shall be defrayed in like manner as in the 
 case of a local inquiry by a county council under this 
 Act 
 
 (19) See subsection 12 above, and section 72 sub- 
 section (4) below. 
 
 10. — (1.) The parish council shall have power to hire ^l'""? of 
 
 land for 
 
 land for alKUments, and if the}' are satisfied that allot- allotments, 
 ments are required, and are imable to hire by agreement 
 on reasonable terms suitable land for allotments, they 
 shall represent the case to the county council, and the
 
 C4 
 
 A. D. 18 04. county council ma}' make an order authorising the parish 
 Part I. council to hire coinpulsorily for allotments, for a period 
 not less than fourteen years nor more than thirt}--fi\e 
 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 
 appl)/ as if it were herein re-enacted with the substitution 
 of " hiring " for " purchase " and with the other necessary 
 modifications. 
 
 Hiring of Land for Allotments. 
 
 If the parish council are unable to acquire land 
 for allotments by agreement, they shall represent 
 the case to the county council. The county council, 
 however, may not make an order for hiring land for 
 allotments for less than fourteen years or more than 
 thirty-five years. The provisions of the last Sec. 9, 
 in the case of an order by a county council as to 
 ipurchase of land, equally apply here in the case of 
 an order for hiring. 
 
 (2.) A single arbitrator, who shall be appointed in 
 ■ accordance with the provisions of section three of the 
 -Allotments Act, 1887, and to whom the provisions of 
 that section shall apply, shall have power to determine 
 any question — 
 
 {a) as to the terms and conditions of the hiring ; or 
 {b) as to the amount of compensation for severance ; 
 or 
 
 (c) as to the compensation to any tenant upon the 
 determination of his tenancy ; or 
 
 See subsection 7 below, page 67. 
 
 (d) as to the apportionment of the rent between the 
 land taken by the parish council and the land not 
 taken from the tenant ; or 
 
 {e) as to any other matter incidental to the hiring of 
 
 (
 
 Go 
 
 the land b}- llic council, or the surrender tlicrcof at ^-^^ ^'''^■*- 
 the end of their tenancy ; Part I. 
 
 but the arbitrator in fixing the rent sliall not make any 
 
 addition in respect of compulsory hiring. 
 
 Compensation for severance, etc. 
 
 (/;) If the removal of the land purchased will 
 render the remaining land of the owner less bene- 
 ficial or convenient to him he is entitled to extra 
 allowance on that account. 
 
 lie is also entitled to such a valuation for im- 
 provements as he would be entitled to from his 
 landlord if he were a tenant of the land then giving 
 it up. 
 
 If the owner prefer, the arbitrator must fix the 
 selling value of the land taken, and the rent awarded 
 shall be at the rate of three per cent, on that value. 
 
 Arbitrator. 
 
 The provisisions of Sec. 3 of the Allotments Act 
 can be found on reference to notes on Sec. 9 (10) 
 
 and (13). 
 
 (3.) The arbitrator, in fixing rsnt or other compen- 
 sation, shall take into consideration all the circumstances 
 connected with the land, and the use to which it might 
 otherwise be put by the owner during the term of hiring, 
 and any depreciation of the value to the tenant of the 
 residue of his holding caused by the withdrawal from the 
 holding of the land hired by the parish council. 
 
 (4.) Any compensation awarded to a tenant in respect 
 of any depreciation of the value to him of the residue 
 of his holding caused by the withdrawal from the holding 
 of the land hired b>- the parish council shall as far as 
 possible be provided for b}' taking such compensation 
 into account in fixing, as the case ma)- require, the rent 
 to be paid by the parish council for the land hired by 
 them, and the apportioned rent, if an>', to be paid b}- the 
 tenant for that portion of the holding which is not hired 
 b)- the parish council.
 
 66 
 
 A.D. 189-1. (5.) The award of the arbitrator or a copy thereof, 
 
 Part^I. together with a report signed by him as to the condition 
 
 of the land taken by the parish council, shall be deposited 
 
 and preserved with the public books, writings, and 
 
 papers of the parish, and the owner for the time being of 
 
 the land shall at all reasonable times be at liberty to 
 
 inspect the same and to take copies thereof. 
 
 (5) The arbitrator's report is to be deposited with 
 the parish books, etc., and to be accessible at all 
 reasonable hours for inspection by the owner. See 
 section 17, subsection 8 below. 
 
 (6.) Save as hereinafter mentioned, sections five to 
 eight of the Allotments Act, 1887, shall apply to any 
 allotment hired by a parish council in like manner as if 
 that council were the sanitary authority and also the 
 allotment managers : 
 
 Provided that the parish council — 
 
 (a) may let to one person an allotment or allot- 
 ments exceeding one acre, but, if the land is hired 
 compulsorily, not exceeding in the whole four 
 acres of pasture or one acre of arable and three 
 acres of pasture ; and 
 (^) may permit to be erected on the allotment any 
 
 stable, cowhouse, or barn ; and 
 (c) shall not break up, or permit to be broken up, 
 any permanent pasture, witliout the assent in 
 writing of the landlord. 
 
 '£> 
 
 Under the AUotmotts Act, 1887, Sees. 5-8, in 
 cojijunetion ivitJi tJiiSy Sec. 10. 
 
 (6) The parish council may improve any land 
 acquired by them and adapt the same for letting 
 it in allotments, eg., by draining, fencing, and 
 making approaches to it. It may make regulations 
 for the letting of allotments, the conditions of 
 cultivation, etc., which regulations must be confirmed 
 by the Local Go\crnmcnt Board.
 
 07 
 
 The parish council may appoint allotment -^ ^- ^^^*' 
 managers to regulate the allotments, or to see to the Part I. 
 proper carrying out of the regulations, etc. 
 
 The parish council is to be deemed the occupier 
 as regards rates, taxes, and tithe-rent charge. 
 
 The parish council is in the position of landlord, 
 and the holder of the allotment in the position of 
 tenant ; and if the rent is in arrear for forty days, or 
 the tenant after holding the allotment for three 
 months has disobeyed the regulations, the parish 
 council may, by written notice, at the expiration of 
 one month after serving the same, terminate the 
 tenancy. 
 
 The council must, however, if there is no agreo- 
 mcnt with the incoming tenant, pay the outgoing 
 tenant any compensation due to him as such 
 outgoing tenant. 
 
 (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 46 & 47 \1ct. 
 Holdings (England) Act, 1883. "' ^^' 
 
 The following provisions of the Agricultural 
 Holdings Act, 1883, will apply here : — 
 
 The tenant is entitled to such sum as fairly 
 represents the value of the improvement to the 
 incoming tenant, but nothing which is clue to the 
 inherent capabilities of the soil must be considered 
 as part of such improvement (Sec. 1). 
 
 Certain improvements do not entitle the tenant to 
 compensation unless the consent of the landlord has 
 been obtained to their being made. 
 
 Again, there are certain improvements for which 
 the tenant will not be compensated unless he lias 
 given notice to the landlord that he is about to 
 make them, or has made an agreement with the 
 landlord that he may carry them out without 
 informing him.
 
 68 
 
 A.D. lS9i. (^3/) 'phe order for compulsory hiring may apply, with 
 Part I. tlie prescribed adaptations, such of the provisions of the 
 Lands Clauses Acts (including those relating to the 
 acquisition of land otherwise than by agreement) as 
 appear to the county council or Local Government 
 Board sufficient for carrying into effect the order, and 
 for the protection of the persons interested in the land 
 and of the parish council. 
 
 (9.) Nothing in this section shall authorise the com- 
 pulsory hiring of any mines or minerals, or confer any 
 right to take, sell, or carry away any gravel, sand, or 
 clay, or authorise the hiring of any land which is already 
 
 55 & 56 Vict, owned or occupied as a small holding within the mean- 
 c. 31. ^ ^ 
 
 ing of the Small Holdings Act, 1892. 
 
 Small Holding. 
 
 (9) The county council were empowered by the 
 Small Holdings Act, 1892, to acquire any suitable 
 land for the purpose of providing small holdings 
 for persons who desire to buy and will cultivate 
 the holdings themselves. 
 
 The small holding is to be more than one acre 
 in extent, but not more than fifty acres, unless in 
 case of excess the whole annual value does not 
 exceed £60. 
 
 (10.) If the land hired under this section shall at any 
 time during the tenancy thereof by the parish council be 
 sliown 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 there- 
 under, or for any road or work to be used in connexion 
 with such working or getting, it shall be lawful for the 
 landlord of such land to resume possession thereof upon 
 giving to the parish council twelve calendar months 
 previous notice in writing of his intention so to do, and 
 upon such resumption the landlord shall pay to the
 
 GO 
 
 parish council and to the allotment holders of the land ^'^■^- ^^^■*- 
 for tiie time beini^r such sum by way of compensation 1'akt I. 
 for the loss of such land for the purpcjses of allotments 
 as may be aL;rced upon Ijy llic landlord and the parish 
 council, or in default of such agreement as may be 
 awarded by a single arbitrator to be appointed in 
 accordance with the provisions of section three of the 
 Allotments Act, 1887, and the provisions of that section 
 shall apply to such arbitrator. 
 
 The word " landlord " in this subsection means the 
 person for the time being entitled to receive the rent of 
 the land hired by the parish council. 
 
 (11.) The Local Government Board shall annually lay 
 before Parliament a report of any proceedings under 
 this and the preceding section. 
 
 (10) The provisions of Sec. 3 of the Allotment 
 Act, 1887, are set out in the notes on Sec. 9 (10) 
 and (13). 
 
 11. — (1.) A parish council shall net, without tlie „ . . 
 
 ^ ^ ^ kestnctions 
 
 consent of a parish meeting, incur cxijcnscs or liabilities ^n expendi- 
 ture, 
 which will in\-ol\c a rate exceeding threepence in the 
 
 pound K)r any local financial }X'ar, or whirli will involve 
 
 a loan. 
 
 (2.) A parish council shall not, without the approval 
 of the county council, inciu" any expense or liabilit}' 
 which will invoke a loan. 
 
 (3.) The sum raised in an\- local financial }-car by a 
 parish council for their expenses (other than expenses 
 under the adoptix-e Acts) shall not exceed a sum ccjual 
 to a rate of sixpLMice in the pountl on the rateable wdue 
 of the parish at the commencement of the year, and for 
 the purpose of this enactment the expression "expenses" 
 includes any annual charge, whether of principal or 
 interest, in respect of any loan.
 
 ■0 
 
 A.D. 1894. 
 
 Part I. 
 
 Subsec. 3. 
 
 The effect of subsections 1, ?, & 8 is 
 
 (a) with regard to rates to give the parish 
 council power of itself to impose a rate of 
 threepence in the pound, and a further power 
 to impose an additional rate of threepence 
 with the consent of the parish meeting ; 
 
 (b) with regard to expenditure necessitating 
 loans, to provide that the parish council shall 
 raise loans only with the sanction both of 
 the parish meeting and of the county council. 
 
 (3) Further enacts that interest on any loan raised 
 in accordance with this section is to be reckoned as 
 part of the annual expenditure. 
 
 (4.) Subject to the provisions of this Act, the expenses 
 of a parish council and of a parish meeting, including 
 the expenses of any poll, shall be paid out of the poor 
 rate ; and where there is a parish council that council 
 shall pay the said expenses of the parish meeting of the 
 parish ; and the parish council, and where there is no 
 parish council the 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 contributions to their common fund. 
 
 Same Powers as a Board of Guardians. — A board 
 
 of guardians is empowered to demand from the 
 
 overseers of the parishes within their district such 
 
 sums as they may fix as contributions to their 
 
 common fund. Where the overseer of any parish 
 
 makes default in collecting or handing over the poor 
 
 rate, a summons before two justices at the instance 
 
 of the guardians will be granted to compel them to 
 
 perform their duty. The parish council will obtain 
 
 money for its expenses from the overseers at such 
 
 times and in such amounts as they may order, 
 
 subject to this Sec. 11. 
 
 (o.) The demand note for any rate levied for defraying 
 
 tlie 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 
 
 f-irl^e- council or meeting, and the proportion (if any) 
 
 levied for the.,purpose of any of the adoptive Acts. 
 
 28 0CT.19M 
 
 n-r 
 
 \r
 
 71 
 Prescribed Form. a.d. ir94. 
 
 The form of tlie demand note is rcc^iilated by a pakt I. 
 
 general order of the Local Government Board of 
 
 14th June, 1875. 
 
 12. — (1.) A parish council for any of the following Borrowing 
 
 , . by parish 
 
 purposes, that is to say — couacil. 
 
 (a) for purchasing any land, or building any buildings 
 which the council arc authorised to purchase or 
 build ; and 
 (d) for any purpose for which the council are author- 
 ised to borrow under any of the adoptive Acts ; and 
 (c) for any permanent work or other thing which the 
 council arc authorised to execute or do, and the 
 cost of which ought, in the opinion of the county 
 council and the Local Government Board, to be 
 spread over a term of years ; 
 may, with the consent of the county council and the 
 Local Government Board, borrow money in like manner 
 and subject to the like conditions as a local authority 
 may borrow for defraying expenses incurred in the 
 execution of the Public Health Acts, and sections two 
 hundred and thirty-three, two hundred and thirty-four, 
 and two hundred and thirty-six to two hundred and 
 thirty-nine of the Public Health Act, 1875, shall apply 
 accord ingl}^, except that the money shall be borrowed on og ^^^ ,9 y;,. 
 the security of the poor rate and of the whole or part of^- '^''• 
 the revenues of the parish council, and except that as 
 respects the limit of the sum to be borrowed, one-half of 
 the assessable value shall be substituted for the assessable 
 value for two }-ears. 
 
 The parish council has the like powers conferred 
 on it as to borrowing as are conferred on local 
 authorities bv Sees. 233, 234, 230, 239, of the 
 Public Health Act, 1875 (38 & 39 Vict. c. 55). 
 These sections, taken together with Sec. 12 of this
 
 72 
 
 A.D. 1894. 
 Tart I. 
 
 Purpose. 
 
 Limit of 
 amount. 
 
 Limit of 
 time. 
 
 Repayment . 
 
 Mortgages. 
 
 Recovery of 
 principal. 
 
 Act above in effect provide that with the consent of 
 the county council and the Local Government 
 Board, the parish council may borrow money for 
 the purposes of this section (Sec. I'-d) on the security 
 of the poor rate and the revenues of the parish 
 council, and may mortgage the same provided 
 tliat— 
 
 (1) The money shall be for permanent works. 
 
 (2) The sum borrowed together with all outstand- 
 
 ing loans shall not in the whole exceed one- 
 half the assessable value of the premises in 
 tlie parish. 
 
 (3) The money shall not be borrowed for moie 
 
 than sixty years. 
 The parish council shall either pay off the 
 borrowed amount by equal annual instal- 
 ments of principal, or of interest and princi- 
 pal, or by setting apart a sinking fund for 
 accumulation by investment at compound 
 interest. 
 
 (4) If the money shall be borrowed on mortgage, 
 
 the mortgage shall be by deed truly stating 
 the consideration and time of payment. 
 
 The parish council must keep at their office a 
 register of such mortgages which shall be open to 
 public inspection free of cost. 
 
 Any such mortgage must be entered on the 
 register, with full description of the parties thereto, 
 within fourteen days of the execution thereof 
 
 Such mortgages shall be capable of transfer from 
 one person to another, by deed duly stamped : these 
 transfers should be duly entered on the register. 
 
 At the expiration of six months after principal or 
 interest has become due, and after demand in 
 writing, is unpaid, the jDerson entitled thereto may 
 apply to the justices for the appointment of a 
 receiver, provided that the sum due amounts to one 
 thousand pounds. 
 
 (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
 
 73 
 
 tlie like conditions and in the like manner as any other A.D. 1891. 
 
 loan for the execution of their duties, and subject to any p^~I 
 
 further conditions which the Local Government Board 
 
 may by general or special order iinpose. 
 
 Irrespectively of any limit of borrowing. 
 
 This applies to any limit on the powers of the 
 county council as to borrowing. 
 
 (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 applic- 
 able to the purposes of that Act. 
 
 Adoptive Acts. — The conditions under which the 
 parish council may borrow money for any purpose 
 are contained in this Sec. 12. In the case of the 
 i\doptive Acts, the poor rate,, on the security of 
 which the money will be borrowed, must be repaid 
 out of the special rate imposed for these Acts. See- 
 page 48 above, Sec. 7 (G), 
 
 13. — (1.) The consent of the parish council and of the Footpaths 
 district councils shall be required for the stopping, in ^"d roads, 
 whole or in part, or diversion, of a publiq right of way 
 within a rural parish, and the consent of, the parish 
 council shall be required for a declaration t)iat.a high- 
 way in a rural parish is unnecessary for public usQ and 
 not repairable at the public expense, and the parish 
 council shall give public notice of a resolution to givt; 
 any such consent, and the resolution shall not operate — 
 
 {a) unless it is confirmed hy the parish council at a 
 meetinGT held not less than two months after the 
 public notice is given ; nor 
 
 {U) if a parish meeting held before the confirmation 
 resolve that the consent ought not to be given. 
 
 (2.) A parish council may, subject to the provisions of 
 this Act with respect to restrictions on expenditure, 
 undertake the repair and maintenance of all or any of 
 tlie public footpaths within their parish, not being foot- 
 paths at the side of a public road, but this power shall 
 not nor shall the exercise thereof relieve any other
 
 74 
 
 A. p. 15 9 1. authority or person from any liability with respect tc 
 Part I. such repair or maintenance. 
 
 Public Right of Way, 
 
 (1) Where the inhabitants of a parish have long 
 been accustomed to use a particular road or foot- 
 path, or have in any other way acquired a right to 
 use that way, the consent of the parish council and 
 the district council is required before the way can be 
 stopped up or diverted. 
 
 Highway not repairable, etc. 
 
 A highway is a public road which all subjects of 
 the realm are entitled to use. 
 
 The parish is by the common law of England 
 obliged to repair all existing highways ; and the 
 fact of their repairing any road is evidence of its 
 being a highway (A^ v. Leake, 5, B. & A.£>., 465). 
 
 If the authority liable for the repair of any high- 
 way is of opinion that it has become unnecessary for 
 public use, and therefore ought not to be kept at 
 the public expense, it should apply to the justices 
 of the local Petty Sessions to view the same, and 
 to make an oider declaring it unnecessary for public 
 use, and not repairable at the public expense, 41 & 
 42 Vic. c. 77, Sec. 24. Under Sec. 25 below (page 
 100) in rural districts, the rural district council 
 becomes the highway authority ; but under this 
 section (Sec. 13) the parish council must also give 
 its consent before the highway can be rendered not 
 repairable, etc. 
 
 The provisions as to the giving of the consent are 
 set out in the section (Sec. 13) above. 
 
 (2) As to the restrictions on expenditure, see 
 Sec. 11 above. 
 
 Pul)lic 14. — (1.) Where trustees hold any property for the 
 
 charities ^^^ 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 purpose con- 
 nected with a rural parish, except for an ecclesiastical 
 charity, they may, with the approval of the Charity 
 Commissioners, transfer the property to the parish 
 council of the parish, or to persons appointed by that
 
 75 
 
 council, and the parisli council, if they accept the A D. 1694- 
 
 transfer, or their appointees, shall hold the property on i^.^ii, 
 
 the trusts and subject to the conditions on which the • 
 
 trustees held the same. 
 
 " Trustees^ — Sec. 75 of this Act enacts that 
 "Trustees" shall include persons administering or 
 managing any charity or recreation ground or other 
 property or thing in relation to which the word is 
 used. 
 
 The rules to be observed where overseers or 
 churchwardens, as such, are trustees, may be found 
 on pages 34-30 above. This subsection provides 
 that any persons who are trustees for public pro- 
 perty in the parish may transfer it to the parish 
 council with the approval of the Charity Com- 
 missioners. 
 
 Inclosiire Acts, etc. — As to the holding of land 
 under these and other Acts, see Sec. 0, Subs. c. (iii.) 
 
 (2.) Where overseers of a rural parish as such are, 
 
 either alone or jointly with any other persons, trustees 
 
 of any parochial charity, such number of the councillors 
 
 of the parish or other persons, not exceeding the number 
 
 of the overseer trustees, as the council may appoint, 
 
 shall be trustees in their place, and, when the charity is 
 
 not an ecclesiastical charity, this enactment shall apply 
 
 as if the churchwardens as such were specified therein as 
 
 well as the overseers. 
 
 (2) Where overseers as such are at present 
 trustees, the council may appoint a like number of 
 trustees cither from the councillors or other persons, 
 in their place : the same rule will apply where 
 c/iurchii'ardois, as such, are at present trustees of 
 any charity }!ot an ecclesiastical charity. 
 
 Parochial Charity. 
 
 Sec. 75 below defines a "parochial charity" as a 
 charit)', the benefits of which are, or the scpaiate 
 distribution of the benefits of which is, confined to the 
 inhabitants of a single parisli or of a single ancient 
 ecclesiastical parish, divided intotwoor more parishes, 
 or of not more than five neighbouring parishes. 
 
 (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 tlie parish, or appointed by the parisli
 
 76 
 
 A.D. 189^. council or parish meeting, the parish council may appoint 
 Part I, additional members of that governing body not exceed- 
 ing the number allowed by the Charity Commissioners 
 in each case ; and if the management of any such charity 
 is vested in a sole trustee, the number of trustees may, 
 with the approval of the Charity Commissioners, be 
 increased to three, one of whom may be nominated by 
 such sole trustee and one by the parish council or parish 
 meeting. Nothing in this subsection shall prejudicially 
 affect the power or authority of the Charity Com- 
 missioners, 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 
 coU^icil 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 affects a rural 
 
 parish, shall, on or before the publication of the notice of 
 
 the proposal to make an ordei for such scheme in 
 
 P"? & 24 Vict, accordance with section six of the Charitable Trusts Act, 
 c. io6. 
 
 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, and to the consent of the 
 parish meeting, either support or oppose the scheme, and 
 shall for that purpose have the same right as any inhabi- 
 tants of a place directly affected by the scheme. 
 
 (3) Tiie effect of this subsection as to election of 
 trustees by a parish council will be found set out in 
 t le introduction above, pages 12-13.
 
 A.D. 1S.*4. 
 
 77 
 
 Ecclesiastical Charity. 
 
 (4) See Sec. To below. Part^I. 
 
 The Charitable Trusts Act, I860. 
 Sec. 6. 
 
 (5) This provides that no order for achninistration 
 of any charity shall be made by the Charity Com- 
 missioners until the expiration of one month after 
 public notice has been given. 
 
 The notice shall contain sufficient particulars of 
 the objects of the order, and shall fix a reasonable 
 time for the transmission of objections to the order, 
 and shall withhold or suspend or modify the order, 
 as after consideration of the objections may seem fit 
 to them. 
 
 The draft of the scheme is to be communicated to 
 the parish council or meeting, as the case may be, 
 and subject to the restrictions on expenditure in 
 Sec. 11 the council may oppose the scheme, as may 
 any inhabitant of the parish affected. 
 
 (G.) The accounts of all parochial charities, not being 
 ecclesiastical charities, shall annually be laid before the 
 parish meeting of any parish affected thereby, and the 
 Charitable Trusts /\mcndmcnt Act, IS'jo, shall apph' is & 19 Vict. 
 
 c. 124. 
 
 with the substitution in section forty-four of the parish 
 meeting for the vestry, and of the chairman of the parish 
 meeting for the churchwardens, and the names of the 
 beneficiaries of dole charities shall be published annually 
 in such form as the parish council, or where there is no 
 parish council the parish meeting, think fit. 
 
 Dole Charities. 
 
 (<)) These are such charities as provide for the 
 giving of money or food, etc., in small quantities, 
 periodically to poor, aged, or impotent persons. 
 
 The names of the recipients of such charities are 
 to be published annually in such form as the parish 
 council or meeting may think fit, 
 
 T/!(; Charitable Trusts Ameuduicnt Act, 1855 
 regulates the administration of charities, and by
 
 A. D. ]S 9j. gg(, 44 provides for the keeping and presentation of 
 Part L accounts to the vestry, for which, by this Sec. 14, 
 the parish meeting is substituted. 
 
 (7.) The term of office of a trustee appointed under 
 this section shall be four years, but of the trustees first 
 appointed as aforesaid one-half, as nearly as may be, to 
 be determined by lot, shall go out of office at the end of 
 two years from the date of their appointment, but shall 
 be eligible for re-appointment. 
 
 (8.) The provisions of this section with respect to the 
 appointment of trustees, except so far as the appoint- 
 ment 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 sur- 
 viving donor or donors. 
 
 (9.) Whilst a person is trustee of a parochial charity 
 he shall not, nor shall his wife or any of his children, 
 receive any benefit from the charity. 
 
 Charitable Trusts Amendment Act, 1855. 
 
 (18 & 19 Vic. c. 124 [part] Sec. 44> 
 Such trustees or administrators shall also, on or 
 before the 25th of March in e\-ery year, or such 
 other day as may be fixed for that purpose by the 
 board, or may have been already fixed for rendering 
 the accounts thereof required by the principal Act, 
 prepare and make out the following accounts in 
 relation thereto ; (that is to say) 
 
 (1) an account of the gross income arising from 
 the endowment, or which ought to have 
 arisen therefrom during the year ending on 
 the 31st of December then last, or on such 
 other day as may have been appointed for 
 this purpose by the board :
 
 (2) an account of all balances in hand at the '^■^^- ^-'•'^• 
 
 commencement of the year, anri of all monies p^^^ j 
 
 received during the same year on account of 
 
 the charity : 
 
 (3) an account for the same period of all pay- 
 
 ments : 
 (1) an account of all monies owing to or from 
 the charity so far as conveniently may be : 
 which accounts shall be certified under the 
 hand of one or more of the said trustees or 
 administrators, and shall be audited by the 
 auditor of the charity, if any ; and the said 
 trustees or administrators shall within four- 
 teen days after the day appointed for making 
 out such accounts, deliver or transmit a copy 
 thereof to the Commissioners at their office 
 in London, and in the case of parochial 
 charities shall deliver another copy thereof 
 to the churchwarden or churchwardens of 
 the parish, or parishes with which the objects 
 of such charities are identified, who shall 
 present the same at the next general meet- 
 ing of the vestry of such parishes, and insert 
 a copy thereof in the minutes of the vestry 
 book, and every such copy shall be open to 
 the inspection of all persons at all reason- 
 able hours, subject to such regulations as 
 to the said board may seem fit ; and any 
 person may require a copy of every such 
 account or of any part thereof, on paying 
 for the same at the rate of twopence for 
 every seventy-two words or figures. 
 
 Charities — when affected. 
 
 (8) When the vestry ha\-e hitherto appointed 
 trustees, in every such case the parish council shall 
 have power to a}:)point. When the provisions of this 
 section transfer the appointment of trustees from 
 any other person to the parish council, the)' shall 
 only a]:)ply 
 
 (1) To charities when they are forty years old. 
 
 (2) To other existing charities of which the 
 
 donors are now alive, at expiration of forty 
 years from the date of this Act, and not 
 before, unless with consent of the donors or 
 survivors of them.
 
 80 
 
 A.D. 1804. 
 
 Part I. 
 
 Delegated 
 powers of 
 [larish 
 councils. 
 
 15. A rural district council may delegate to a parish 
 council any power which may be delegated to a paro- 
 chial committee under the Public Health 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. 
 
 The rural district council may delegate to the 
 parish council the following powers enumerated in 
 Scr. 202 of tJic Public Health Act, 1675, here set 
 out. 
 
 38 & 39 Victoria, chap. 55. 
 
 A rural authority (including any committee so 
 formed as aforesaid) may, at any meeting specially 
 convened for the purpose, form for any contributory 
 place within their district a parochial committee, 
 consisting wholly of members of such authority or 
 committee, or partly of such members and partly of 
 such other persons liable to contribute to the rate 
 levied for the relief of the poor in such contributor}^ 
 place, and qualified in such other manner (if any) 
 as the authority forming such parochial committee 
 may determine. 
 
 A rural authority (including any committee so 
 formed as aforesaid) may, from time to time, add to 
 or diminish the number of the members, or other- 
 wise alter the constitution of any parochial com- 
 mitttee formed by it, or dissolve any parochial 
 committee. 
 
 A parochial committee shall be subject to any 
 regulations and restrictions which may be imposed 
 by the authority which formed it. 
 
 Provided that no jurisdiction shall be given to a 
 parochial committee beyond the limits of the con- 
 tributory place for which it is formed, and that no 
 powers shall be delegated to a parochial committee, 
 except powers which the rural authority could 
 exercise within such contributory place.
 
 81 
 
 A parncl-iial committee shall bo (IccmcJ to be A.IX^^.U. 
 the agents of the authority which formed it, and p^^^-,. i_ 
 
 the appointment of such committee shall not relieve 
 
 that authority from any obligation imposed on it 
 by Act of Parliament or otherwise. 
 
 A parochial committee may be empowered by 
 the authority which formed it, to incur expenses to 
 an amount not exceeding such amount as may be 
 prescribed by such authority ; it shall report its 
 expenditure to such authority as and when directed 
 by such authority, and the amount so reported, 
 if legally incurrccl, shall be discharged by such 
 authority. 
 
 16. — (1.) Wlicre a parish council resolve that a rural Complaint 
 
 _ _ by parish 
 
 district council ought to have provided the parish with counciU-f 
 
 default of 
 
 sufficient sewers, or to have maintained existmg sewers, district 
 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 ha\e enforced with regard to the 
 parish any provisions of the Public Health Acts which 
 it is their duty to enforce, and have failed so to do, or 
 that they have failed to maintain and repair any highway 
 in a good and substantial manner, the parish council 
 may complain to the county council, and the county 
 council, if .satisfied after due inquiry that the district 
 council have so failed as respects the subject matter of 
 the complaint, may resolve tliat the duties and powers 
 of the district council for the purpose of the matter 
 complained of shall be transferred to the county council, 
 and they shall be transferred accordingly. 
 
 (2.) Upon any complaint under this section the county 
 council may, instead of resolving that the duties and 
 powers of the rural district council be transferred to 
 them, make such an order as is mentioned in section 
 two hundred and ninety-nine of the Public Health Act, •'^^ •\' ^^ '^'''^'-
 
 83 
 
 A.D. 1804. 1875, and may appoint a person to perform tlie duty 
 Part I. mentioned in the order, and upon such appointment 
 sections two hundred and ninety-nine to three hundred 
 and two of the Public Health Act, 1875, shall apply 
 with the substitution of the county council for the Local 
 Government Board. 
 
 (3.) Where a rural district council have determined to 
 adopt plans for the sewerage or water supply of any 
 contributory place within the district, they shall give 
 notice thereof to the parish council of any parish for 
 which the works are to be provided before any contract 
 is entered into by them for the execution of the works. 
 
 Default of District Council. 
 
 (1) and (2). — The parish council may complain to 
 the county council, who on being satisfied of the 
 default of the district council, shall have the powers 
 of the district council to act in the matter in their 
 place, or, if the county council prefer, they may, 
 make an order in accordance with S^cs. 299-362 
 Public Health Act, 1875, here enumerated. 
 
 The county council is hereby substituted for the 
 Local Government Board there mentioned. 
 
 38 & 39 Victoria, chap. 55. 
 
 '^^'^- ^^^- Where complaint is made to the Local Govern- 
 
 ment Board that a local authority has made default 
 in providing their district w^ith sufficient sewers, or 
 in the maintenance of existing sewers, or in pro- 
 viding their district with a supply of water, in cases 
 where danger arises to the health of the inhabitants 
 from the insufficiency or unwholesomeness of the 
 existing supply of water, and a proper supply can 
 be got at a reasonable cost, or that a local authority 
 has made default in enforcing any provisions of this 
 Act, which it is their duty to enforce, the Local 
 Government Board, if satisfied after due inquiry that 
 the authority has been guilty of the alleged default, 
 shall make an order limiting a time for the per- 
 formance of their duty in the matter of such 
 complaint. If such duty is not performed by the 
 time limited in the order, such order may be enforced
 
 83 
 
 by writ of Mandamus, or the Local Government ^^P- '^^4. 
 Board may apjjoint some person to perform such rAkx I. 
 
 duty, and shall by order direct that the expenses of 
 
 performing the same, together with a reasonable 
 remuneration to the j)erson apjiointed for su[jer- 
 intending such performance and amounting to a 
 sum specified in the order together with the costs of 
 the proceedings, shall be paid In' the authority in 
 default ; and any order made for the pax^ment of such 
 expenses and costs may be removed into the Court 
 of Queen's Bench, and be enforced in the same 
 manner as if the same were an order of such Court 
 
 Any person appointed under this section to 
 perform the duty of a defaulting local authority 
 shall, in the performance and for the purposes of 
 such duty, be invested with all the powers of such 
 authority other than (save as hereinafter provided) 
 the powers of levying rates ; and the Local Govern- 
 ment ]V)ard, may from time to time by order, change 
 any person so appointed. 
 
 Any sum specified in an order of the Local ' 
 Government Board for pa\-mcnt of the cxj)cnses of 
 performing the duty of a defaulting local authorit}', 
 together with the costs of the proceedings, shall be 
 deemed to be expenses properly incurred by such 
 authority, and to be a debt due from such authority, 
 and payable out of any monies in the hands of such 
 authority or of their officers, or out of any rate 
 applicable to the payment of any expenses properly 
 incurred by such authority, which rate is in this part 
 of this Act referred to as "the local rate." If 
 the defaulting authority refuses to pay any such 
 sum, with costs as aforesaid, for a period of fourteen 
 days after demand, the Local Government Board, 
 may, by order, empower any person to levy by and 
 out of the local rate, such sum (the amount to be 
 specified in the order) as may in the opinion of the 
 Local Government Board, be sufficient to defray the 
 debt so due from the defaulting authorit\\ and all 
 expenses incurred in consequence of the non- 
 payment of such debt. 
 
 Any person or persons so empowered shall have 
 the same powers of levying the local rate and 
 requiring all officers of the defaulting authorit\- to 
 pay over any monies in their hands as the defaulting 
 authority would have in the case of expenses legally 
 pa}-able out of a local rate to be raised b)- such
 
 84 
 
 A.D. 1894. authority ; and the said person or persons, after 
 
 P.vrt'i. repaying all sums of money so due in respect of the 
 
 order shall pay the surplus if any (the amount to be 
 
 ascertained by the Local Government Board) to or 
 to the order of the defaulting authority. 
 Sec. 301. The Local Government Board may from time to 
 
 time certify the amount of expenses that have 
 been incurred, or an estimate of the expenses about 
 to be incurred by any person appointed. By the 
 said Board under this Act to perform the duty of a 
 defaulting local authority ; also, the amount of any 
 loan required to be raised for the purpose of defray- 
 ing any expenses that have been so incurred, or are 
 estimated as about to be incurred ; and the certi- 
 ficate of the said Board shall be conclusive as to all 
 matters to which it relates. 
 
 Whenever the Local Government Board so certi- 
 fies a loan to be required, the Public Works Loan 
 Commissioners may advance to the Local Govern- 
 ment Board or to any person appointed as aforesaid, 
 tlie amount of the loan so certified to be required 
 on the security of the local rate without requiring 
 any other security, and the Local Government 
 Board or the person so appointed may, by any in- 
 strument duly executed, charge the local rate with 
 the repayment of the principal and interest due in 
 respect of such loan, and every such charge shall 
 have the same effect as if the defaulting local 
 authority were empowered to raise such loan on the 
 security of the local rate, and had duly executed an 
 instrument charging the same on the local rate, 
 g OA9 Any principal, money, or interest, for the time 
 
 being due in respect of any loan under this Act 
 made for payment of the expenses incurred or to be 
 incurred in the performance of the duty of a default- 
 ing local authority, shall be taken to be a debt due 
 from such authority, and, in addition to any other 
 remedies, may be recovered in the manner in which 
 a debt due from a defaulting authority may be 
 recovered in pursuance of the provisions of this part 
 of this Act. 
 
 The surplus (if any) of any such loan, after pay- 
 ment of the expenses aforesaid, shall on the amount 
 thereof being certified by the Local Government 
 Board, be paid to or to the order of the defaulting 
 authority. 
 
 Expenses for the purposes of the provisions of
 
 85 
 
 this part of this Act relatiiif^ to defaulting local A.D. 1804. 
 authorities, shall include all sums payable under ,, , 
 
 1 \ RT I 
 
 those provisions by, or by the order of, the Local ' 
 
 Government Board or the persons by that Board. 
 
 17. — (1-) A p;irish council may ap]Doint one of their Parish 
 , 1 1 /- 1 -1 • 1 officers and 
 
 number to act as clerk oi the council without re mun era- parish 
 
 xj ., documents. 
 
 If there is a vcstrv clerk in existence, he is to 
 become clerk to the parish council, see Sec. 81, 
 Subsection 2, page 179. 
 
 (2.) If no member of the parish council is appointed 
 so to act, and there is an assistant overseer, he, or such 
 one of the assistant overseers, if more than one, as may 
 be appointed b}' tlie 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 
 ma}' think fit. 
 
 (4.) A parish council shall not appoint to the office of 
 vestry clerk, 
 
 (5.) When a parish council act as a parochial com- 
 mittee by delegation from the district council they shall 
 have the services of the clerk of the district council 
 unless the district council otherwise direct 
 
 Parochial Committee. 
 
 (5) See Sec. 10 above. 
 
 (0.) 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.
 
 86 
 
 A.D. 1S94. with the chairman, of the parish council, and the enact- 
 
 Part I. ments with respect to the inspection of, and taking 
 
 copies of, and extracts from, any such documents shall 
 
 apply as if the clerk, or chairman, as the case may be, 
 
 were mentioned therein. 
 
 Documents requiring to be deposited with 
 the parish clerk. 
 
 These documents and maps arc required to be 
 deposited with the parish clerk, under standing 
 orders of Parliament, before certain public works 
 are begun. 
 
 7 William IV., & 1 Vict. cap. 83, 
 and 
 
 9 Vict. cap. 20, sec. 9. 
 
 (8.) The custody of the registers of baptisms, marriages, 
 and burials, and of all other books and documents 
 containing entries wholly or partly relating to the affairs 
 of the Church or to ecclesiastical charities, except 
 documents directed by law to be kept with the public 
 books, writings, and papers of the parish, shall remain as 
 provided by the existing law unaffected by this Act. 
 All other public books, writings, and paj^ers of the 
 parish, and all documents directed by law to be kept 
 therewith, shall either remain in their existing custody, 
 or be deposited in such custody as the parish council 
 may direct. The incumbent and churchwardens on the 
 one part, and the parish council on the other, shall have 
 reasonable access to all such books, documents, writings, 
 and papers, as are referred to in this subsection, and any 
 difference as to custody or access shall be determined by 
 the county council. 
 
 (9.) Every county council shall from time to time 
 inquire into the manner in which the public books, 
 writings, papers, and documents under the control of the 
 parish council or parish meeting are kept with a view to
 
 87 
 
 the proper preservation thereof, and shall make such ^■^- l'^^*- 
 orders as they think necessary for such preservation, and 1'ak r I. 
 those orders shall be complied with by the parish 
 council or [parish meeting. 
 
 (8) Rcc^istcrs and other books containinc^ entries 
 wholly or partly rclatin<^ to the church or ccclesias^ 
 tical charities are to remain in their present custody. 
 All other books of a public character are either to 
 be left as at present, or otherwise, as the jjarish 
 council may direct. The county council from time 
 to time is to inquire as to the manner in which the 
 latter are being preserved. 
 
 (9) As regards cither class of books the parish 
 council or the incumbent and churchwardens, as the 
 case may be, are to have reasonable access. 
 
 18. — (1.) A county council ma}-, on apjilication by the Pans'h wanls. 
 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 repre- 
 sented 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 sliall 
 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
 
 88 
 
 Part I. 
 
 A.D. 1894. jiqi- iggg than one-tenth of the parochial electors of the 
 parish, but while in force shall have effect as if enacted 
 by this Act. 
 
 (4.) In a parish divided into parish wards there shall 
 be a separate election of parish councillors for each ward. 
 
 Parish Wards. 
 
 Where the area or population of a parish is very 
 large, the county council may, on application either 
 (a) of the parish council or {b) of not less than one- 
 tenth of the parochial electors (see Sec. 2 and Sec. 
 75), order that the parish be divided into zvards. 
 
 There shall then be a separate election of parish 
 councillors for each ward. 
 
 The order may be revoked or varied by the 
 county council on a like application. 
 
 Provisions 
 as to small 
 parishes. 
 
 19. In a rural parish not having a separate parish 
 council, the following provisions shall, as from the 
 appointed day, but subject to pro\-isions 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 meeting shall 
 
 choose a chairman for the }'ear ; 
 (■?.) The parish meeting shall assemble not less than 
 twice in each year ; 
 
 See, too, Sec. 45 below. 
 
 (-3.) The parish meeting may appoint a committee of 
 their own number for any purposes which, in the 
 opinion of the parish meeting, would be better 
 regulated and managed by means of such a com- 
 mittee, and all the acts of the committee shall be 
 submitted 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 Gfiurch or to ecclesiastical charities, or are 
 transferred b>' this Act to any other authority, be 
 transferred to the parish meeting.
 
 80 
 
 ''Rural Parish"— scQ Sec. 1, Subsection (2) and a.d. is94. 
 (3), page 24. P~7j 
 
 Sj)tall Parishes. — Parishes having a population of 
 
 less than three hundred, which have not been granted 
 a parish council by order of the county council 
 under Sees. 1 and 36, or Sec. 39. 
 
 (4) Ecclesiastical charity, see Sec. 75 below. 
 
 (5.) The power and the duty of appointing the over- 
 seers, and of notifying the appointment, and the 
 power of ajjpointing and revoking the appointment 
 of an assistant overseer, shall be transferred to and 
 vest in the parish meeting, and the power given by 
 this Act to a parish council of appointing trustees 
 of a charity in the place of ov'erseers or church- 
 wardens, shall vest in the parish meeting. 
 
 Appoiiifuicnt of Overseers and of Trustees^ see 
 Sees. and 14 above, 
 
 (G.) The chairman of the parish meeting and the 
 overseers of the parish shall be a body corporate by 
 the name of the chairman and overseers of the 
 parish, and shall have perpetual succession, and 
 may hold land for the 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 parish council, be 
 vested on the appointed day in the parish council 
 shall vest in the said body corporate of the chairman 
 and overseers of the parish, subject to all trusts and 
 liabilities affecting the same, and all persons con- 
 cerned shall make or concur in making such 
 transfers (if any) as are requisite to give effect to 
 this enactment. 
 
 The property here referred to is vested under 
 Sec. 5, Subsec. 2 (c), page 35 above.
 
 90 
 
 A.D. 18P4. 
 
 Body Corporate. 
 
 Pari^I. ^(j^J ^g ^Q ^ u |3Q(-jy corporate," " perpetual succes- 
 
 sion," and " license in mortmain," see notes on Sec. 
 3, subsection (9) above. 
 
 Appointed Day. 
 
 The 8th of November, 1894, unless a later day in 
 1894 is appointed by the Local Government Board, 
 see Sec. 84. 
 
 (7) As to the powers of the parish council, by 
 this subsection conferred on the parish meeting of 
 a small parish, sec notes on Sec. 13 above. 
 
 (8.) The provisions of this Act with respect to the 
 stopping or diversion of a public right of way, or 
 the declaring of a highway to be unnecessary and 
 not repairable at the public expense, and with re- 
 spect to a complaint to a county council, of a default 
 by a district council, shall apply, with the substitu- 
 tion of the parish meeting for the parish council. 
 
 See Sec. 13, p. 73 for the provisions as to highways,etc. 
 
 (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 }'ear. 
 
 (9) The total rate, including any rate made in 
 respect of the adoptive Acts, see Sec. 7, must not 
 exceed sixpence in the pound in any financial year. 
 
 (10.) On the application of the parish meeting the 
 county council may confer on that meeting any of 
 the powers conferred on a parish council by this 
 Act. 
 
 The county council may confer on the parish 
 meeting all powers acquired by the parish council 
 imder this Act. Most of these powers have been 
 enumerated in Sees. G-IG above.
 
 91 
 
 (11.) Any act of the parish mcctmg maybe signified A.D. 18[>1. 
 by an instrument executed at the meeting under I'art I. 
 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. 
 
 This docs away with the necessity for a common 
 seal which, as a general rule, a corporate body must 
 use. 
 
 Part II. 
 
 PAUT II. 
 
 GUARDIANS AND DISTRICT COUNCILS. 
 20. As from the appointed day the following pro- Election and 
 
 (jualification 
 
 visions shall apply to boards of guardians: — of guardians, 
 
 (I.) There shall be no ex-officio or nominated guar- 
 dians : 
 (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 
 tlie election resided in the union, or in the case of a 
 guardian for a parish wholly or partly situate within 
 the area of a borough, whether a county borough or 
 not, is qualified to be elected a councillor for that 
 borough, and no person shall be disqualified by sex 
 or marriage for being elected or being a guardian. 
 So much of any enactment, whether in a public 
 general or local and personal Act, as relates to the 
 qualification of a guardian shall be repealed. 
 
 Qualifications for Guardians. 
 
 (2) Any person ma}- be elected a guardian who 
 is a parochial elector or has resided in the Union 
 
 during the whole of the twelve months previously,
 
 92 
 
 A.D. 1894. or in the case of a borough, is qualified to be elected 
 I'apt II a councillor of the borough. Hitherto it has been 
 necessary to have had a certain property qualifica- 
 tion for the office : this qualification is no longer 
 necessary. 
 
 Qualifications for Councillor of a Borough. 
 
 The Municipal Corporation Act, 188"2, Sec. 12 (1). 
 A person shall be disqualified for being elected, and 
 for being a councillor, if and while he is in holy 
 orders, or the regular minister of a dissenting con- 
 gregation. 
 
 A possible interpretation of Sec. 20 Subsec. (2) 
 above, would exclude clergy and dissenting ministers 
 from being guardians for a parish within a borough. 
 It has been stated in the House of Commons that 
 this was not the intention of the Act, but the real 
 effect of the section can only be determined by the 
 decision of one of Her AIajest}''s Judges. 
 
 (•3.) The parochial electors of a parish shall be the 
 electors of the guardians for the parish, and, if the 
 parish is divided into wards for the election of 
 guardians, the electors of the guardians for each 
 ward shall be such of the parochial electors as are 
 registered in respect of qualifications v.-ithin the 
 ward. 
 
 As to parochial electors, see Sec. 2 and Sec. 75. 
 Wards, see Sec. IS. 
 
 (1.) Each elector may give one vote and no more for 
 each of any number of persons not exceeding the 
 number to be elected. 
 
 No elector may give more than one vote to any 
 one candidate. If there are vacancies for two or more 
 to be elected, he may give one vote each to as many 
 candidates as are required to fill those vacancies. 
 
 (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.
 
 93 
 
 A.D. 1«01. 
 
 FIRST ELECTION. 
 
 Sec. TO. Part II. 
 
 The Local Government Board is to frame rules 
 for subsequent elections. 
 
 (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. Pro- 
 vided as follows : — 
 
 (<-?.) Where the county council on the application 
 of the board of guardians of any union in their 
 county consider that it would be expedient to 
 provide for the simultaneous retirement of tlie 
 whole of the board of guardians for the union, 
 they may direct that the members of the board 
 of guardians for that union shall retire together 
 on the fifteenth day of April in every third year, 
 and such order shall have full effect, and where 
 a union is in more than one county, an order 
 may be made by a joint committee of the 
 councils of those counties ; 
 {d.) 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. 
 
 (6) One-third of the guardians first elected are 
 to go out of office on the loth of April, 18911;
 
 94 
 
 A.D. 1894. 
 
 Part II. 
 
 one-third on the 1-^th of April, 1897 ; and one- 
 third on April loth, 1898. 
 
 The county council will decide which of the 
 guardians shall constitute the one-third to go out 
 of office on the 10th of April, 189G, and so on, in 
 order to preserve the rotation, so that one-third ma}'' 
 go out of office in every year. Subject to the above 
 rules as to the first elections of guardians, the term 
 of office of a guardian shall be three years. 
 
 The county council may however provide for the 
 simultaneous retirement together of guardians for 
 any particular Union, on the loth of April in every 
 third year, and, unless the county council otherwise 
 direct, where the guardians at the passing of the Act 
 have been accustomed to retire together at the end 
 of every third year, they shall continue to do so. 
 
 (7.) A board of guardians may elect a chairman or 
 vice-chairman or both, and not more than two other 
 persons, from outside their own body, but from persons 
 qualified to be guardians of the union, and an}- person so 
 elected shall be an additional guardian and member of 
 the board. Provided that on the first election, if a 
 sufficient number of persons who have been ex-officio or 
 nominated guardians of the union, and have actually 
 served as such, are willing to serve, the additional 
 members shall be elected from among those persons. 
 
 First Election of Chairman, etc- — Chairmen and 
 vice-chairmen, etc., may be members of the board of 
 guardians, but if elected from outside the members, 
 they must be selected from the late ex-officio or 
 nominated guardians, if they are willing to serve. 
 In the event of their being unable or unwilling to 
 serve, the board has an unrestricted choice amongst 
 persons qualified to be guardians. 
 
 Names of 
 county 
 flistricts and 
 district 
 councils. 
 
 21. As from the appointed day, — 
 
 (1.) Urban sanitary authorities shall be called urban 
 district councils, and their districts shall be called 
 urban districts ; but nothing in this section shall
 
 alter the st)-le or title of the corporation or council A.D. 1894. 
 of a borouj^h : Part II. 
 
 (2.) For every rural sanitary district there shall be a 
 rural district council whcxse district shall be called a 
 rural district. 
 
 Rural Siifiitary District. — See page 24 above. 
 
 (3.) In this and every other Act of Parliament, unless 
 the context otherwise requires, the expression 
 "district council" shall include the council of every 
 urban district, whether a borough or not, and of 
 every rural district, and the expression " county 
 district" shall include every urban and rural district 
 whether a borough or not. 
 
 22. The chairman of a district council unless a woman Chairman of 
 
 i-/~ 1 1 A 1 11 1 1 • council to be 
 
 or personally disqualified by any Act shall be by virtue justice. 
 
 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 be taken by a justice of the peace 
 
 other than the oath respecting the qualification by estate. 
 
 23. As from the appointed day, where an urban Constitution 
 district is not a borough— coimdirin 
 
 (I.) There shall be no ex-officio or nominated members j[str,"ts ^^^ 
 of the urban sanitary authority : 1^^"^ , 
 
 •' ■' boroughs. 
 
 (2.) A person shall not be qualified to be elected or to 
 be a councillor unless he is a parochial elector of 
 some parish within the district, or has during the 
 whole of the twelve months preceding the election 
 resided in the district, and no jierson shall be dis- 
 qualified 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 auLhority shall be repealed.
 
 06 
 A.D.^s94. Qualification for District Councillor. 
 
 Part II. (^2) The candidate must either 
 
 (i.) be a parochial elector for some parish in the 
 
 district ; or 
 (ii.) have resided in the district during the whole 
 of the preceding 12 months. 
 
 As to Residence, see note, Sec. 3, page 29 above. 
 
 (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. 
 
 Qualifications of Electors. 
 
 As to parochial electors, see Sec. 2 and Sec. 75. 
 As to wardSj see Sec. 18. 
 
 (4.) Each elector may give one vote and no more for 
 each of any number of persons not exceeding the 
 number to be elected. 
 
 Number of Votes. 
 
 See note on Sec. 20 above. 
 
 (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. 
 
 As to first elections of district councils, see Sec. 
 79 below. 
 
 (G.) The term of office of a councillor shall be three 
 years, and one-third, as nearly as may be, of the 
 council, and if the district is divided into wards one- 
 third, as nearly as may be, of the councillors for 
 each ward, shall go out of office on the fifteenth day 
 of April in each year, and their places shall be filled
 
 07 
 
 by the ne\vl}'-elcctcd councillors. Provided that a A.D. ISOI. 
 
 county council may on request made by a resolution Paut II. 
 
 of an urban district council, passed by two-thirds of 
 
 the members voting on the resolution, direct that 
 
 the members of such council shall retire together on 
 
 the fifteenth day of April in every third year, and 
 
 such order shall have full effect. 
 
 Gcncj-al rule. — Term of office three years, one- 
 third of councillors retire every year. County 
 council may, on request, provide for simultaneous 
 retirement together of the district councillors every 
 third }-car. 
 
 24 — (1.) The district council of every rural district Rural district 
 
 councils. 
 
 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 parish or 
 other area in a rural district shall be the same as the 
 number of guardians for that parish or area. 
 
 (3.) The district councillors for any parish or other 
 area in a rural district shall be the representatives of 
 that parish or area on the board of guardians, and when 
 acting in that capacity shall be deemed to be guardians 
 of the poor, and guardians as such shall not be elected 
 for that parish or area. 
 
 Number of Councillors. 
 
 (2) and (3) The number of councillors for each 
 parish is to be the saine as the number of guardians 
 for that parish, and in the rural districts the district 
 councillors shall act as the guardians for the parish. 
 The number of guardians is regulated by the Local 
 Government Board, who may alter the original 
 number fixed if necessary (7 & 8 Vict. c. lOl, Sec. 18). 
 
 (4) The pro\isions of this Act with respect to the 
 qualification, election, and term of office and retirement
 
 98 
 
 A.D. 1894. of guardians, and to the qualification of the chairman of 
 Part II. the board of guardians, shall apply to district councillors 
 and to the chairman of the district council of a rural 
 district, and any person qualified to be a guardian for a 
 union comprising the district shall be qualified to be a 
 district councillor for the district. 
 
 As to the qualification of electors, term of office, 
 and retirement of district councillors and their 
 chairman, see the like provisions above in Sec. 20 
 as to guardians. 
 
 (o.) Where a rural sanitary district is on the appointed 
 day situate in more than one administrative county, 
 such portion thereof as is situate in each administrative 
 county shall, save as otherwise provided by or in pur- 
 suance of this or any other Act, be as from the appointed 
 day a rural district ; 
 
 Provided that where the number of councillors of any 
 such district will be less than five, the provisions, so far 
 3^ &- ."9 Vict as unrepealed, of section nine of the Public Health Act, 
 1875, with respect to the nomination of persons to make 
 up the members of a rural authority to five, shall apply, 
 unless the Local Government Board by order direct that 
 the affairs of the district shall be temporarily adminis- 
 tered 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. 
 
 (G.) The said provisions of section nine of the Public 
 Health Act, 1875, shall apply to the district council of
 
 99 
 
 a rural district to which they api)ly at the passin^^ of A.D. 1894. 
 
 Division of a Rural Sanitary District. 
 
 (5) If a rural sanitary district has portions of its 
 
 area in one administrative county and portions in 
 
 another, it will be divided accordingly, and each 
 
 separate portion in an administrative county will 
 
 be a separate rural district. 
 
 Where the number of councillors is less than five ^'"'"'"f ^^ 
 r , . • 1 1 T 1 ^- councillors 
 
 lor eacli part so constituted, the Local Government below five. 
 
 lioard ?nn/('r Six. 9 0/ the Public Health Act, 1875, 
 
 ('J8 & 39 Vict. c. bb, Sec. 9) may nominate such 
 
 number of persons as may be necessary to make up 
 
 the number to five, and the persons so nominated 
 
 shall be entitled to act and vote as members of the 
 
 rural authority. The Local Government Board may, 
 
 however, direct that the affairs of the district be 
 
 managed by an adjtjining district council, and when 
 
 those affjiirs are discussed the guardians for the 
 
 small district may sit on the adjoining district 
 
 council. The County Council, however, has power, 
 
 under Sec. 8(5 below, p. 110, to unite the district to 
 
 a neighbouring district. 
 
 (7.) Every district council for a rural district shall be 
 a body corporate b)' 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 without licence in mortmain. 
 
 Bod}' Corporate, etc., sec notes on Sec. 3, sub- 
 section (9) above. 
 
 The district council is to have a common seal, 
 and must, therefore, as a general rule affix the same 
 to all contracts made b\' it, except when the matter 
 is of tri\ial importance or of frequent occurrence. 
 
 25. — Ci.) As from the appointed da\' there shall be r'^i^ers of 
 
 ^ ^ _ _ district 
 
 transferred to the district council of e\er}' rural district council with 
 
 respect to 
 
 all the powers, duties, and liabilities of the rural sanitar}' sanitary and 
 authorit)- in the district, and of an}- highwa}- authorit}' niatiersf
 
 100 
 
 A.D. 1S94. i,-, |-]-jg clistrict, and highway boards shall cease to exist, 
 
 Part II. and rural district councils shall be the successors of the 
 
 rural sanitary authority and highway authority, and shall 
 
 also have as respects highways all the powers, duties, 
 
 and liabilities of an urban sanitary authority under 
 
 .o P o,^ ^r- sections one hundred and forty-four to one hundred and 
 rio & 39 Vict. ■' 
 
 c. 55. forty-eight of the Public Health Act, 1875, and those 
 
 sections shall apply in the case of a rural district and 
 of the council thereof in like manner as in the case of an 
 urban district and an urban authority. Provided that 
 the council of any county may by order postpone within 
 their county or any part thereof the operation of this 
 section, so far as it relates to highways, for a term not 
 exceeding three years from the appointed day or such 
 further period as the Local Government Board may on 
 tlie application of such council allow. 
 
 Appointed Day. 
 
 See Sec. 84. 
 
 The rural district council takes over all powers, 
 etc., from the rural sanitary authorities, and from 
 any existing highway authority, its powers and 
 duties as to highways. 
 
 The council has moreover the power, etc., con- 
 ferred by the Public Health Act, 1875, Sees. 144— 
 148, which, in effect, together with this Sec. 25 pro- 
 vide — 
 
 (1) The district council shall exercise the office 
 
 and duties of surveyor of highways, or may 
 appoint a deputy, and shall have all the 
 powers hitherto vested in the vestry as to 
 highways. 
 
 (2) The district council may agree with any 
 
 person to make at his own expense roads for 
 the public use, and on completion, they shall 
 become repairable by the inhabitants at 
 large. 
 With the consent of two-thirds of the council, a 
 portion of the original expense of making- 
 may also be paid.
 
 (3) Similar provisions as in (2) as to any A. D. 18 'jj. 
 bridges, viaducts, or arches, in connection p^^^.p jj 
 with any canal, railway, or tramway. 
 
 (4) The district council may agree with the 
 
 trustees of turn])ike rcjads, or others liable to 
 repair any road, for the taking over and 
 maintaining of such road, subject to certain 
 limitations contained in Sec. 148 (l^ublic 
 Health Act, 1875). 
 
 The county council may prevent the transfer of 
 these powers, etc., as to highwaj'S, until the expira- 
 tion of three years (or more with consent of the 
 Local Government Board) from the appointed day 
 (sec Sec. 84). 
 
 ("2.) Where a highway repairable ratione tenura^ 
 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. 
 
 Highway repairable ratione tenurae. 
 
 An individual may be liable to repair a highway 
 b\' reason of his tenure of certain land, if it appear 
 that those who have held the land have been im- 
 memorially accustomed to repair the highway. 
 
 (R. V. Hayman, Moo & M, 401.) 
 
 (•^.) Where a highway authority receives any contri- 
 bution from the county council towards the cost of an}- 
 highway under section eleven, subsection (10), of the 51 & 52 Vict. 
 
 c. -1 1. 
 
 Local Government Act, 1888, such contribution may be 
 macie, subject to any such conditions for the proper 
 maintenance and rci)air of such highways, as ma)' be 
 agreed on between the county council and the highway 
 authoritw
 
 102 
 A.IXJ1894. Lqp^i Government Act, 1888. 
 
 Part II 
 ' Sec. 11, subsection (10), empowers the county 
 
 council to contribute, if they think fit, to the 
 
 maintenance or repair of any highway or pubhc 
 
 footpath in the county, though not a main 
 
 road. 
 
 (4.) Where the council of a rural district become the 
 highway authority for that district, any excluded part of 
 a jDarish under section two hundred and sixteen of the 
 Public Health Act, 1875, which is situate in that district, 
 shall cease to be part of any urban district for the purpose 
 of highways, but until the council become the highway 
 authority such excluded part of a parish shall continue 
 subject to the said section. 
 
 Where a parish is partly in an urban district and 
 partly in a rural district, the part within the rural 
 district shall not be liable for rates for the highway 
 in respect of the urban district. 
 
 (5.) Rural district councils shall also have such powers, 
 duties, and liabilities of urban sanitary authorities under 
 the Public Health Acts or any other Act, and such 
 provisions of any of those Acts relating to urban districts 
 shall apply to rural districts, as the Local Government 
 Board by general order direct. 
 
 (6.) The power to make such general orders shall be 
 in addition to and not in substitution for the powers 
 conferred on the Board by section two hundred and 
 seventy-six of the Public Health Act, 1875, or by any 
 enactment applying that section ; and every order made 
 by the Local Government Board under this section shall 
 be forthwith laid before Parliament. 
 
 (7.) The powers conferred on the Local Government 
 Board by the said section two hundred and seventy-six,
 
 103 
 
 or by any enactment appl)!]);^ that section, may be A-^- ^^^-'• 
 exercised on the apph'cation of a county council, or with Hakt II. 
 respect to any parish or part of a parish on the applica- 
 tion of the parish council of that parish. 
 
 (7) On application by a county council, or in the 
 case of a parish by the parish council, the Local 
 Government Board may declare the provisions in 
 the Public Health Act, 1875, as to urban districts, to 
 be in force in such county or parish as the case 
 may be. 
 
 These provisions may be found in the Public 
 Health Act, 1875, but they contain too much 
 matter to be set out here. 
 
 26. — (1.) It shall be the duty of every district council Duties and 
 
 powers of 
 to protect all public rit^hts of way, and to prevent as far district 
 
 •111 • ■ r 1-1 council as 
 
 as possible the stoppmg or obstruction of any such right to rights of 
 
 of way, whether within their district or in an adjoining ofYommon, 
 district in the county or counties in which the district ^^(6^^'^''''^ 
 is situate, where the stoppage or obstruction thereof 
 would in their opinion be prejudicial to the interests of 
 their district, and to prev-ent any unlawful encroachment 
 on any roadside waste within their district. 
 
 ('•?.) A district council may with the consent of the 
 county council for the county within which any common 
 land is situate aid persons in maintaining rights of 
 common where, in the opinion of the council, the ex- 
 tinction 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 39 & 40 Vict. 
 
 ..... - , c. 56. 
 
 sanitary authority m relation to any common relerred to 
 
 in that section ; and notice of an\' application to the 
 
 Board of Agriculture in relation to an)- common within 
 
 their district shall be served upon the district council.
 
 commons. 
 
 104 
 
 A.D^94. (2) The Coinmons Act, 1876 (39 & 40 Via. c. 56, 
 
 I'ART II ^^^- ^)> together with this subsection (2) of Sec. 26, 
 
 empowers the district council, with consent of the 
 
 Suburban county council, \\hen proceedings are being insti- 
 
 tuted to obtain a provisional order from the Board 
 of Agriculture as to regulation or inclosure of the 
 common, to make representation to the Board as to 
 the expediency or inexpediency of the application. 
 The district council may, too, with the sanction of 
 the Board of Agriculture, undertake to contribute 
 .to the maintenance of recreation grounds, etc., out of 
 the common, or to pay compensation to commoners 
 in order to secure greater benefits for the town. 
 
 The council can acquire by gift or purchase, and 
 hold such suburban common, with a view to prevent 
 the extinction of rights of common, or, with consent 
 of persons having one-third in value of the interests 
 in the said common, apply to the Board of Agri- 
 culture for the regulation of the said common. 
 
 The Board of Agriculture may then, if they think 
 fit, invest the district council with powers of manage- 
 ment. 
 
 (3.) A district council may, for the purpose of carrying 
 into effect this section, institute or defend any legal 
 proceedings, and generally take such steps as they deem 
 expedient. 
 
 (1.) Where a parish council have represented to the 
 district council that any public right of way within the 
 district or an adjoining district in the county or counties 
 in which the district is situate has been unlawfully 
 stopped or obstructed, or that an unlawful encroachment 
 has taken place on any roadside waste within the district, 
 it shall be the duty of the district council, unless satisfied 
 that the allegations of such representation are incorrect, 
 to take proper proceedings accordingly ; and if the dis- 
 trict council refuse or fail to take any proceedings in 
 consequence of such representation, the parish council 
 may petition the county council for the county within 
 which the way or waste is situate, and if that council so
 
 105 
 
 resolve the powers and duties of the district council A.D. 1894. 
 under this section shall be transferred to the county p ~ jj 
 
 council. 
 
 (5.) Any proceedings or steps taken by a district 
 council or county council in relation to any alleged right 
 of way shall not be deemed to be unauthorised by reason 
 only of such right of way not being found to exist. 
 
 Neither the county council nor the district council 
 .^^hall be disallowed their expenses with regard to 
 proceedings, etc., taken by them in respect of a 
 right of way, even if it be proved that there was in 
 reality no right of way at all. 
 
 (0.) Nothing in this section shall affect the powers of 
 the county council in relation to roadside wastes. 
 
 Roadside Wastes. — The county council has, under 
 Sec. 11 of the Local Government Act, 1888, the 
 powers of a highway board for asserting the rights 
 of the public to the use of roadside wastes. 
 
 (7.) Nothing in this section shall prejudice any powers- •..• 
 exercisable by an urban sanitary authority at the passing 
 of this Act, and the council of every county borough- 
 shall have the additional powers conferred on a. district 
 council by this section. 
 
 27. — (1.) As from the appointed day the powers, Transfer of 
 
 certain 
 
 duties, and liabilities of justices out of session in relation powers of 
 
 r 11 • 1 • ' justices to 
 
 to any of the matters followmg, that is to say, — • ^ district 
 
 Crt) the licensing of gang masters ; » " 
 
 {b) the grant of pawnbrokers' certificates ; , 
 
 {c) the licensing of dealers in game ; 
 
 id) the grant of licenses for passage brokers and 
 
 emigrant runners ; 
 
 ie) the abolition of fairs and alteration of days for 
 
 holding fairs ; 
 
 if) the execution as the local authority of the Acts 
 
 relating to petroleum and infant life protection ; 
 
 when arising within a coinit\' district, shall be transferred 
 
 to the district council of the district 
 
 H
 
 106 
 
 A.D. 1891. (27) The district council takes over the following 
 
 Part~II powers of the justices as to 
 
 — Gang Masters. 
 
 (a) Children, young persons, and women may not 
 be employed to work in gangs except by 
 gang masters who have been duly licensed 
 (80 & 31 Vict. c. 130). 
 
 Licenses are to be for not more than six months. 
 No child under eight is to be employed, nor 
 are males and females to be employed to- 
 gether, nor females under a male gang master. 
 
 Pawnbrokers' Certificates. 
 
 (/^) A pawnbroker's license cannot be granted 
 except on production of a certificate. Cer- 
 tain notices w/z/i-^" be given before the appli- 
 cation for a certificate for the first time. The 
 application shall not be refused unless the 
 evidence as to the character of the applicant 
 be unsatisfactory, or it appears that the house 
 is frequented by thieves, or is in close prox- 
 imity to houses so frequented. 
 
 Dealers in Game. 
 
 (^) In July, every year, the justices meet to grant 
 licenses to deal in game to householders, 
 shopkeepers, and stall-keepers. 
 
 No licensed victualler, nor owner, guard, or driver 
 of any public conve}'ancc, nor carrier could 
 be licensed. 
 
 Passage Brokers. 
 
 (c/j Any person desiring to act as a broker, to let 
 passages or berths on any passenger ship, must 
 be dul}' licensed. 
 
 He is previously obliged to enter into a bond as 
 security (IG & 17 Vict. c. 84). 
 
 Tmigrant Runners. 
 
 These are persons who solicit emigrants for orders 
 in any way relating to emigration : they 
 require to be licensed. 
 
 Fairs. 
 
 Abolition of. (^^ Under the Fairs Act, 1871, Sec. 3, the magis- 
 
 trates (for whom the district council is now 
 substituted), may, if they so desire, represent 
 to the Home Secretary, that it would be for 
 the convenience and advantage of the public 
 if the fair were abolished.
 
 A.D. 1891. 
 
 107 
 
 The Home Secretary can then, with the consent 
 
 of the owner of the tolls or fair, order that p^rt ii. 
 such fair be abolished. 
 
 A Secretary of State may, on a representation by Alteration of 
 justices (now by the district council), alter ^,nder°}^g 
 the dates of any fair, after notice has been i-;iirs Act, 
 given to the owner. ^'*''"^- 
 
 Petroleum. 
 
 (/) No person may keep petroleum without a 
 license, unless kept for private use, or if for 
 sale, unless 
 
 (i) It is kept in separate glass, earthenware, 
 or metal vessels of not more than one 
 pint each, and securely stopped. 
 (2) The aggregate amount kept does not 
 exceed two trallons. 
 
 fc>^ 
 
 Infants' Life Protection. 
 
 Under the Ini''ants' Life Protection Act, 1872, no 
 person can retain or receive for hire or reward 
 more than one infant, or in case of twins, two 
 infants, under the age of one year, for the purpose 
 of nursing apart from their parents for more than 
 twenty-four hours, except in a registered house. 
 
 The registration is to be effected by the justices 
 (now by the district council), who can make bye- 
 laws as to the number of infants allowed to be taken 
 by any person. 
 
 The registration lasts for one year. 
 
 (2.) As from the appointed day, the powers, duties, 
 and liabilities of quarter sessions in relation to the 
 licensing of knackers' }-ards within a county district shall 
 be transferred to the district council of the district. 
 
 Knackers' Yards. 
 
 No person is allowed to keep a place for killing 
 animals, except for butchers' meat, without being 
 licensed annually. The applicant must produce a 
 certificate as to his character from the minister, and 
 churchwardens, overseers, or two householders. 
 
 (3.) All fees payable in respect of the powers, duties, 
 and liabilities transferred by this section shall be payable 
 to the district council. 
 
 28. The expenses incurred by the council of an urban E>'Pf^"^«'s of 
 
 ,.^.^.^1 ,. ^, 11.. , urlian district 
 
 district in the execution oi the additional powers con- council.
 
 A.D. 1S91. 
 
 Fart II. 
 
 ?.S & 39 Vict. 
 c. 55. 
 
 108 
 
 fcrrcd on the council by this Act shall, subject to the 
 provisions of this Act, be defrayed in a borough out of 
 tlie borough fund or rate, and in any other case out of 
 the district fund and general district rate or other fund 
 applicable towards defraying the expenses of the execu- 
 tion of the Public Health Act, 1875. 
 
 77ie Public Health Act, 1875, Sees. 207-228, pro- 
 vide for the payment of expenses incurred by urban 
 authorities with reference to the Act out of a 
 " district fund," consisting of sums obtained by 
 means of rates levied upon the assessable property 
 in the district (38 & 39 Vict. c. 55). 
 
 Expenses of 
 rural district 
 council. 
 
 S8 & 39 Vict. 
 C. 55. 
 
 29. The expenses incurred by the council of a rural 
 district shall, subject to the provisions of this Act, be 
 defrayed in manner directed by the Public Health Act, 
 1875, with respect to expenses incurred in the execution 
 of that Act by a rural sanitary authority, and the 
 provisions of the Public Health Acts with respect to 
 those expenses shall apply accordingly. 
 Provided as follows : — 
 (^?.) Any highway expenses shall be defrayed as general 
 
 expenses : 
 (/».) When the Local Government Board determine 
 any expenses under this Act to be special expenses 
 and a separate charge on any contributory place, 
 and such expenses would if not separately charge- 
 able 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 : 
 {c.) A district council shall have the same power of 
 charging highway expenses under exceptional 
 circumstances on a contributory place as a highway
 
 109 
 
 A.D. ]S'J\. 
 
 board has in respect of any area under section 
 
 seven of the IIiy;h\vays and Locomotives (Amend- I'artII. 
 
 ment) Act, 1878. 
 
 (l?) The Public Health Act, 1875, Sees. 220-23-2, 
 provides that the rural authorities (the rural district 
 council) shall arran^^e all their expenses under the 
 heads of " general " and " special " expenses, the 
 former being chargeable upon the rates levied in the 
 whole district, and the latter being payable by a 
 portion of the district only, styled a "contributory 
 place." 
 
 (c) The Highways aiid Locomotive (Amcndincjtt) 
 Act, 1878, 41 & 42 Vict. c. 77, Sec. 7, provides that all 
 expenses incurred in keeping in repair the highwaj-s 
 in any one parish in the district shall be deemed t.) 
 have been incurred for the common benefit of all 
 the parishes within the district, and shall be charged 
 on the district fund, provided that where by 
 reason of natural differences of soil or locality it 
 should seem just that any parish should bear the 
 particular expense of maintaining its own roads, 
 the district authority may, with the approval of the 
 county authority, charge exclusively on any such 
 parish the expenses incurred. 
 
 {d.) Where highway expenses would, if this Act had 41 & 42 Vict. 
 
 c. 77. 
 not passed, have been in whole or in part defrayed 
 
 in any parish or other area out of an)' 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 b\- way of 
 
 reduction of the rates on the parish or area. 
 
 30. The provisions of this Part of this Act respecting Guardians in 
 
 London and 
 
 guardians shall apply to the administrative county of county 
 
 Til 11 boroughs. 
 
 London and to every county borough. 
 
 The rules as to guardians in Sec. 20, page 91, are 
 applicable to London and county boroughs. The 
 provisions as to the first election of guardians also 
 appl}', and ma}" be found on pages 17 4-7.
 
 110 
 
 A.rx^S94. 31._(l.) The provisions of this Act with respect to the 
 
 Part II. quahfication of the electors of urban district councillors, 
 
 Provisions and of the persons to be elected, and with respect to the 
 
 as to London ■, r ^ • ^ ^ ■ 111 1 -r 1 
 
 vestries and mode oi conducting the election, shall apply as it members 
 boards. 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 
 48 Vict. c. 10. Elections (Hours of Poll) Act, 1885, shall apply to 
 elections to the said vestries. 
 
 London Vestries and District Boards.* 
 
 In future all the London vestries, and the Wool- 
 wich local board, and the auditors of these vestries are 
 to be elected in the same manner and under the 
 same regulations as those laid down in the case of 
 urban district councillors by Sec. 23. and Sec. 48 
 
 The polls for election are to be open from eight 
 a.m. to eight p.m. and no longer (Election, Hours of 
 Poll) Act, 1885. 
 
 This Sec. 3L also applies to district boards. These 
 are elected by the vestries of the several parishes 
 within the district, and not directly by the parochial 
 electors, so that only the provisions of Sec. 23 which 
 relate to the qualification of candidates affect district 
 boards. 
 
 (2.) Each of the said vestries, except those electing 
 
 district boards, and each of the said district boards and 
 
 the local board of Woolwich, shall at their first meeting 
 
 after the annual election of members elect a chairman 
 
 for the year, and section forty-one of the Metropolis 
 
 18 & 19 Vict. Manap-cment Act, 1855, shall apply only in case of the 
 c 120. ^ 
 
 absence of such chairman, and the provisions of this 
 
 *^See Appendi.K.
 
 Ill 
 
 Act with respect to chairmen of urban district councils A. D. im 94. 
 being justices shall apply as if the said vestries and T'akt II. 
 boards were urban district councils. 
 
 Certain of the T.r)nclon vestries mentioned in the 
 schedule of the Metropolis Management Act, 1855, 
 are joined together into districts governed by a 
 district board of works composed of members 
 elected by the vestries of the several parishes within 
 the district. 
 
 The more important vestries manage their own 
 affairs for themselves without the intervention of a 
 district board. 
 
 Each of the vestries which docs not elect a 
 district board, each of the district boards, and the 
 local board at Woolwich, must at their first meeting 
 elect a chairman for the year, and are not to elect a 
 fresh chairman at each meeting under Sec. 41 of 
 the Metropolis Management Act. 
 
 In accordance with Sec. 22 of this Local Govern- 
 ment Act, 18i)4, the chairmen of these vestries and 
 district boards are to become justices of the peace. 
 
 (3.) Nothing in any local and personal Act shall 
 
 prevent any vestry in the county of London from 
 
 holding their meeting at such time as may be directed 
 
 b)' the vestry. 
 
 32- The provisions of this Part of the Act respecting Application 
 , , . ,,.,.,.. ^ . . -to county 
 
 the powers, duties, and liabilities of justices out of borougiis erf 
 
 r , • I . , . r 1 « provisions as 
 
 session, or of quarter sessions, which are transferred to fo transfer of 
 a district council, shall apply to a county borough as if J"^'"^*^^ 
 it were an urban district, and the county borough council 
 were a district council. 
 
 See Sec. 27 above for these powers. 
 33. — (1.) The Local Goxcrnmcnt Board may, on the Fowcr to 
 
 1- ,• r ,, •} c • • 1 V 1 apply certain 
 
 application ot the council ot any municipal borough, pnnisions of 
 including a county borough, or of any other urban districts aiTd 
 district, make an order confcrrin;T on that council or ^-''"'■''^"-
 
 112 
 
 A.D. 181)4. some other representative body within the borough or 
 Part II. district all or any of the following matters, namely, the 
 appointment of overseers, and assistant overseers, the 
 revocation of appointment of assistant overseers, any 
 powers, duties, or liabilities of overseers, and any powers, 
 duties, or liabilities of a parish council, and applying 
 with the necessary modifications the provisions of this 
 Act with reference thereto. 
 
 (2.) Where it appears to the Local Government Board 
 that, by reason of the circumstances connected with any 
 i parish in a municipal borough (including a county 
 
 borough) or other urban district divided into wards, or 
 wuth the parochial charities of that parish, the parish 
 wall not, if the majority of the body of trustees ad- 
 ministering the charity are appointed by the council of 
 the borough or district, be properly represented on that 
 body, they may, by their order, provide that such of 
 those trustees as are appointed by the council, or some 
 of them, shall be appointed on the nomination of the 
 councillors elected for the ward or wards comprising 
 such parish or any part of the parish. 
 
 (3.) Any order under this section may provide for its 
 operation extending either to the whole or to specified 
 parts of the area of the borough or urban district, 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 seem 
 necessary and just for the preservation of the existing 
 interests of paid officers. 
 
 (5.) An order under this section may also be made on 
 the application of any representative body within a 
 borough or district. 
 
 (6.) The provisions of this section respecting councils
 
 113 
 
 of urban districts shall apply to the administrative A.U. l^i'K 
 county of London in like manner as if the district of PartJI. 
 each sanitary authority in that county were an urban 
 district, and the sanitary authority were the council of 
 that district. 
 
 (7.) The Local Government Board shall consult the 
 Charity Commissioners before making any order under 
 this section with respect to any charity. 
 
 The general effect of this Sec. 33 is to empower 
 the Local Government Board on the application of 
 any council of an urban district, whether borough 
 or not, to make an order conferring on that council, 
 or some other representative body within the 
 district, all or any of the powers given under this 
 Act to parish councils. 
 
 As to appointment of trustees nominated by the Charities, 
 councillors of the ward, to ensure the proper repre- 
 sentation of the parish to which they belong, see 
 subsection (2) above. 
 
 The Charity Commissioners must be consulted 
 before any order is made. 
 
 The Administrative County of London. 
 
 (6.) This comprises the city of London, and the 
 various metropolitan parishes in Middlesex, Surrey, 
 and Kent, which were formerly under the jurisdic- 
 tion of tlie Metropolitan Board of Works. 
 
 This body was abolished by the Local Govern- 
 ment Act, 1888, Sec. 40, and its powers conferred 
 on the London County Council. 
 
 This subsection (6) provides that any sanitary 
 authority in the county of London may make the 
 application mentioned in subsection (1) above. 
 
 The vestries and district boards should apply to 
 the Local Government Board if they desire thesj 
 additional powers. 
 
 County Boroughs. 
 
 Boroughs having a population of not less than 
 50,000, were constituted administrative counties of 
 themselves by Sec. 31 of the Local Government 
 Act, 1888 ; besides these there were seventeen 
 boroughs whose privilege had been granted them 
 previously by the Crown. The total number of 
 county boroughs is GI. but more ma}' be added by 
 the Local Government Board.
 
 114 
 
 A.D. 1894. 3^ Where an order of the Local Government Board 
 Part II. under this Act confers on the council of an urban 
 
 Supplemental district, or some other representative body within the 
 
 provisions as . , . 
 
 to control of district, either the appointment of overseers and assistant 
 
 overseers in ^, i -• j t u-i-i.- r 
 
 urban ovcrseers or the powers, duties, and liabilities ot over- 
 
 c litncts. seers, that order or any subsequent order of the Board 
 
 may confer on such council or body the powers of the 
 
 32 & S3 Vict, vestry under the third and fourth sections of the Poor 
 
 c. 41. 
 
 Rate Assessment and Collection Act, 1869. 
 
 T/ie Poor Rate Assessment and Collection Act, 
 1809, 32 & 33 Vict. c. 41, Sec. 3. 
 
 Where the rateable value of any hereditament 
 does not exceed 
 
 ^^"20 in London, 
 ^13 in Liverpool, 
 
 ^10 in Manchester or Birmingham, 
 or ^8 in any other place, and the owner is willing 
 to agree with the overseers to become liable to, and 
 to pay the poor rate in respect of the same, whether 
 occupied or not, the overseers may allow the 
 owner twenty-five per cent, reduction. 
 Sec. 4. The vestry of any parish may, from time to time, 
 
 order that the owners of all rateable hereditaments, 
 to which Sec. 3 of this Act extends, situate within 
 such parish shall be rated to the poor rate in respect 
 of such rateable hereditaments, instead of the 
 occupiers. On all rates made after such order shall 
 be in force the following enactments shall have 
 effect : — 
 
 (i) The overseers shall rate the owners instead of 
 the occupiers, and shall allow to them an 
 abatement or reduction of fifteen per cent, 
 from the amount of the rate. 
 (2) If the owner of one or more such rateable 
 hereditaments shall give notice to the over- 
 seers in writing that he is willing to be 
 rated for any term, not being less than one 
 year, in respect of all such rateable heredita- 
 ments of which he is the owner, whether the 
 same be occupied or not, the overseers shall 
 rate such occupier accordingly, and allow to 
 him a further abatement or deduction not 
 exceeding fifteen per cent, per annum from
 
 1!5 
 
 the amount of the rate during the tiine he is A.D. 1S04. 
 
 Tart II. 
 
 so rated, 
 
 (3) The vestry may by resolution rescind any 
 such order after a day to be fixed by them, 
 such day being not less than six months after 
 the passing of such resolution takes effect. 
 
 Provided that this clause shall n<jt be applicable 
 to any rateable hereditament in which a 
 dwelling-house shall not be included. 
 
 35. Save as specially provided by this Act, this Part Restrictions 
 of this Act shall not apply to the administrative county ^lo^'^^,'/ '^^i 
 of London or to a county borough. ^° London, 
 
 The special provisions referred to are contained 
 in Sees. iiO-34 immediately preceding. 
 
 PAUT III. PART^ni. 
 
 AREAS AND BOUNDARIES. 
 
 36. — (1.) For the purpose of carrying this Act into Duties ami 
 
 powers of 
 
 effect in the case of — ■ county 
 
 . 1-1 council with 
 
 {a.) every parish and rural sanitary district which at respect to 
 
 the passing of this Act is situate partly within and bou^ndariee. 
 
 partly without an administrative county ; and 
 (I;.) every parish which at the passing of this Act is 
 
 situate partly within and partly without a sanitary 
 
 district ; and 
 (c.) every rural parish which has a population of less 
 
 than two hundred ; and 
 (J.) 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 
 (r.) every rural parish which is co-extensive with a 
 
 rural sanitary district ; 
 every county council shall forthwith take into considera- 
 tion every such case within their count}-, and whether
 
 IIG 
 
 A.D. 1894. m^y joroposal has or has not been made as mentioned in 
 
 Part III. section fifty-seven of the Local Government Act, IHS'^, 
 
 oi & 52 Vict, shall as soon as practicable, in accordance with that 
 c. 41. 
 
 section, cause inquiries to be made and notices given, 
 
 and make such orders, if any, as they deem most suitable 
 
 for carrying into effect this Act in accordance with the 
 
 following provisions, namely : — 
 
 (i) the whole of each parish, and, unless the county 
 
 council for special reasons otherwise direct, the 
 
 whole of each rural district shall be within the same 
 
 same administrative county ; 
 
 (ii.) the whole of each parish, shall, unless the county 
 
 council for special reasons otherwise direct, be within 
 
 the same county district ; and 
 
 (iii.) every rural district which will have less than five 
 
 elected councillors shall, unless for special reasons 
 
 the county council otherwise direct, be united to 
 
 some neighbouring district or districts. 
 
 In the following cases, viz. : — 
 
 (i.) Parish — partly within and partly without a 
 
 county. 
 Parish — partly within and partly without a sani- 
 tary district. 
 Rural parish co-extensive with a rural sanitary 
 
 district. 
 Rural parish with a population of less than two 
 
 hundred, 
 (ii) Rural sanitary district — partly within and 
 
 partly without a county. 
 Or ditto — with less than five elective guardians as 
 
 members of its authority. 
 The county council shall take into consideration 
 
 every such case as above within the county. 
 
 T/ie Local GovcrriDient Act, 1888, Sec. i7,* pro- 
 vides that the county council shall cause inquiry to 
 be made in the locality, and notice given both in 
 the locality and to the Local Government Board, 
 and may make such order as to alteration of area 
 as they think fit. 
 
 * See Appendix.
 
 117 
 
 The order will then be .submitted to the Local ^■^- ^''^^^• 
 Government Ikjard. P^^^^ lU 
 
 If witliin three months [now six weeks, under 
 
 Sec. 41 below] of such notice the council of the 
 district affected, or one-sixth of the electors thereof, 
 or in the case of a parish, one-sixth of the county 
 electors thereof petition the Local Government 
 Board to disallow the order, the Local Government 
 IJoard shall hold a local inquiry and determine 
 whether the order is to be confirmed or not. 
 
 If no such petition is presented, the Local 
 Government Board shall confirm the order with 
 such modifications (if any) as they think necessary. 
 
 The restrictions on the order which the county 
 council may make are contained in the Sec. lit) 
 (i.), (ii.), (iii.) above. 
 
 (2.) Where a parish is at the passing of this Act 
 situate In more than one urban district, the parts of the 
 parish in each such district shall, as from the appointed 
 day, unless the county council for special reasons other- 
 w^ise 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, 1S7G, and the Acts amending 
 the same. 
 
 As to separate parisJics under the Divided Parishes 
 Act, 187(3, Sees. 1-9. See note on Sec. 1 (3) 
 above. 
 
 (3.) Where a parish is divided by this Act, the county 39 & 40 Vict. 
 
 c (31 
 
 council may by order provide for the application to 
 different parts of that parish of the provisions of this 
 Act with respect to the appointment of trustees or bene- 
 ficiaries of a charity and for the custody of parish docu- 
 ments, but the order, so far as regards the charity, shall 
 not have any effect until it has received the approval of 
 the Charity Commissioners.
 
 118 
 
 A. D. 18 94. -pj^g provisions of this Act here referred to are 
 
 Part III. contained in Sees. 15 and 18. 
 
 (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 pur- 
 poses 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. 
 
 (4) As to the powers of the parish council and 
 district council, see Parts I. and II. above. 
 
 (5) Where, in order to carry out the purposes of 
 this Sec. 36, it is necessary to alter the boundary of 
 any county or borough, the Local GoveriuneJit Act, 
 1888, Sec. 54, is to apply, which in effect provides 
 that on application by the council of the county or 
 borough, as the case may be, the Local Government 
 Board, in their discretion, may cause a local inquiry 
 to be made, and may make such order as they think 
 fit. 
 
 If the Local Government Board make an order to 
 alter the boundary as above, it shall be provisional 
 only, and shall not have effect unless confirmed by 
 Parliament. 
 
 (6.) Where the alteration of a poor law union seems 
 expedient by reason of any of the provisions of this Act, 
 the county council may, by their order, provide for such 
 alteration in accordance with section fifty-eight of the 
 Local Government Act, 1888, or otherwise, but this 
 provision shall not affect the powers of the Local 
 Government Board with respect to the alteration of 
 unions.
 
 Part III. 
 
 119 
 
 This subsection (6) together with Sec. 58 of A.D. 1894. 
 the Local Government Act, 1888, enables the county 
 council, where the alteration of a poor law union is 
 exjjcdient, e.g., a poor law union which is situate in 
 more than one county, instead of dissolving the 
 union, to order that the same shall continue to be 
 one union for the purposes of indoor paupers, etc., 
 and shall be divided into two or more poor law 
 unions for the purpose of outdoor relief 
 
 (7.) Where an order for the alteration of the 
 boundary of any parish or the division thereof, or the 
 union thereof or of any part thereof, with another parish 
 is proposed to be made after the appointed day, notice 
 thereof shall, a reasonable time before it is made, be 
 given to the parish council of that parish, or if there is 
 no parish council, to the parish meeting, and that parish 
 council or parish meeting, as the case may be, shall ha\e 
 the right to appear at any inquiry held by the county 
 council with reference to the order, and shall be at 
 liberty to petition the Local Government Board against 
 the confirmation of the order. 
 
 A notice to a parish council may be given by 
 leaving it at, or sending it by post to, the usual place 
 of abode of the clerk of the parish council. See 
 page 193 ((>) (15) below. 
 
 A notice to a parish meeting by serving it similarly 
 on the chairman of the parish meeting. See page 
 192 (11) below. 
 
 . (8.) Where the alteration of the boundary of any 
 parish, or the division thereof or the union thereof or of 
 ])art thereof with another parish, seems expedient for 
 any of the purposes of this Act, provision for such 
 alteration, division, or union may be made by an order 
 of the county council confirmed by the Local Govern- 
 ment Board under section fifty-seven of the Local 
 Government Act, 1888. 
 
 (8) As to such alteration under Sec. 57 of the Local 
 Government Act, 1888, see subsection (1) above. 
 
 (9.) Where a parish is b)- this Act divided into two or .")1 & 52 Vict 
 more parishes, those parishes shall, until it is otherwise 
 provided, be included in llie same poor law union in 
 which the original parish was included.
 
 120 
 
 A. D. 18 94. (10.) Subject to the provisions of this Act, any order 
 Part III. made by a county council in pursuance of this Part of 
 this Act shall be deemed to be an order under section 
 fifty-seven of the Local Government Act, 1888, and any 
 board of guardians affected by an order shall have the 
 same right of petitioning against that order as is given 
 by that section to any other authority. 
 
 (11.) Where any of the areas referred to in section 
 fifty-seven of the Local Government Act, 188S, is situate 
 in two or more counties, or the alteration of any such 
 area would alter the boundaries of a poor law union 
 situate in two or more counties, a joint committee 
 appointed by the councils of those counties shall, subject 
 to the terms of delegation, be deemed to have and to 
 have always had power to make orders under that 
 section with respect to that area ; and where at the 
 passing of this Act a rural sanitary district or parish is 
 situate in more than one county, a joint committee of the 
 councils of those counties shall act under this section, 
 and if any of those councils do not, within two months 
 after request from any other of them, appoint members 
 of such joint committee, the members of the committee 
 actually appointed shall act as the joint committee. 
 Provided that any question arising as to the constitution 
 or procedure of any such joint committee shall, if the 
 county councils concerned fail to agree, be determined 
 by the Local Government Board. 
 
 (10) See note Sec. 3G, subsection (1). 
 
 (11) Where the alteration of area would affect 
 two or more counties, a joint committee of those 
 councils has the powers conferred by Sec. 57 of 
 the Local Government Act, 1888. See note sub- 
 section (1). 
 
 On failure after request to appoint members by 
 any one council the committee appointed by the 
 other or others may act.
 
 121 
 
 (12.) Every report made by the Boundary Commis- A.D^'Ji. 
 
 sioners under the Local Government Boundaries Act, Taut III. 
 
 1887. shall be laid before the council of any adminis- oO & .ji Vict. 
 
 , c. (]l. 
 trative county or borough affected by that report, and 
 
 before any joint committee ot county councils, and it 
 
 shall be the duty of such councils and joint committees 
 
 to take such reports into consideration before framing 
 
 any order under the powers conferred on them under 
 
 this Act 
 
 (12) The Local Government Boundaries Act, Vf-%1 
 (;jO & 51 Vict. c. 01), appointed certain persons 
 herein named Boundary Commissioners, to inquire 
 into and rei)ort upon — 
 
 (i.) the best mode of so adjusting boundaries 
 that no union, borough, sanitar\' district, or 
 parish shall be situate in more than one 
 county ; 
 (ii.) the best mode of dealing with detached parts. 
 
 of a county ; 
 (iii.) the best mode of dealing with cases where a 
 borough is not an urban sanitary district, and 
 is wholly or partly comprised in an urban., 
 sanitary district. 
 The Boundary Commissioners are to report to the 
 Local Government Board, and the report is to be 
 laid before Parliament. 
 
 Under this subsection (12) the reports are alsa to 
 be laid before the county council or joint committee, 
 see subsection (11), who are to consider such 
 reports before making any orders as to alteration 
 of boundaries uiidcr this Sec. 35. 
 
 (13.) Every county council shall within two years 
 after the passing of this Act, or within such further 
 period as the Local Government Board may allow 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 
 
 I
 
 122 
 
 A. D. 18 !)4. Qj- further period the powers of the county council for 
 Px\RT III, that purpose shall be transferred to the Local Govern- 
 ment Board, who may exercise those powers. 
 
 The county council's powers, under this section, 
 shall, at the expiration of two years from this Act, be 
 transferred to the Local Government Board unless 
 the latter shall allow an extension of time. 
 
 Provisions as 
 to parishes 
 having parts 
 with defined 
 boundaries. 
 
 37. Where it is proved to the satisfaction of the 
 county council that any part of a parish has a defined 
 boundary, and has any property or rights distinct from 
 the rest of the parish, the county council may order that 
 the consent of a parish meeting held for that part of the 
 parish shall be required for any such act or class of acts 
 of the parish council affecting the said property or rights 
 as is specified in the order. 
 
 As to parish meeting for part of a parish, see 
 Sec. 49 below. 
 
 The consent of the parish meeting for the part is 
 required for the acts of the parish council, where the 
 part is particularly affected. 
 
 Order by the county council requiring this consent 
 need not be submitted to the Local Government 
 Board (Sec. 40). 
 
 Orders for J38. — (1.) Where parishes are grouped, the grouping 
 
 grouping 
 
 parishes and Order shall make th.e necessary provisions for the name 
 
 dissolving r ■ • i • • i r i 
 
 groups. of the group, tor tnc parish meetings in each ot the 
 
 grouped parishes, and for the election in manner 
 provided by this Act of separate representatives of each 
 parish on the parish council, and may provide for the 
 consent of the parish meeting of a parish to any particu- 
 lar act of the parish council, and for any other adaptations 
 of this Act to the group of parishes, or to the parish 
 meetings in the group. 
 
 As to grouping orders, see Sec. 1, subsection 1 
 (b) above. 
 
 As to manner of election, see Sec. 48 below.
 
 123 
 
 (2.) Where parishes are grouped the whole area under A. D. ifi 94. 
 each parish council shall, unless the county council for Part III. 
 special reasons otherwise direct, be within the same 
 administrative county and county district. 
 
 The provisions with respect to trustees, charities, 
 and documents referred to here are in Sees. 10 & 
 18. 
 
 (3.) Where parishes are grouped, the grouping order 
 shall provide for the application of the provisions of this 
 Act with respect to the appointment of trustees and 
 beneficiaries of a charity, and the custody of documents, 
 so as to preserve the separate rights of each parish. 
 
 See Sec. 1(1) above. 
 
 Orders under this section do not require the 
 consent of the Local Government Board (Sec. 40). 
 
 (4.) The parish meeting of any parish may apply to 
 the county council for a grouping order respecting that 
 parish, and, if the parish has a less population than two 
 hundred, for a parish council, and any such application 
 shall be forthwith taken into consideration by the county 
 council. 
 
 (5.) The county council may, on the application of 
 the council for any group of parishes or of the parish 
 meeting for any parish' included in a group of parishes, 
 make an order dissolving the group, and shall by the 
 order make such provision as appears necessary for the 
 election of parish councils of the parishes in the group 
 and for the adjustment of property, rights, and liabilities 
 as between separate parishes and the group. 
 
 39. — (I.) Where the population of a parish not having Provisions 
 
 for increase 
 
 a separate parish council increases so as to justify the and decrease 
 
 1 .• r 1 -11 -1 . . . of population. 
 
 election of such council, the parish meeting may petition 
 the county council, and the county council, if they think
 
 124 
 
 A.DMlD4. p^Qpg,.^ i^g^y order the election of a parish council in 
 Tart III. i\ig_t parish, and shall by the order make such provision 
 as appears necessary for separating the parish from any 
 group of j^arishes in which it is included, and for the 
 alteration of the parish council of the group, and for the 
 adjustment of property, rights, and liabilities as between 
 the group and the parish with a separate parish council. 
 . (2.) Where the population of a parish, according to 
 the last published census for the time being, is less than 
 two hundred, the parish meeting may petition the 
 county council, and the county council, if they think 
 proper, may order the dissolution of the parish council, 
 and from and after the date of the order this Act shall 
 apply to that parish as to a parish not having a parish 
 council. The order shall make such provision as appears 
 necessary for carrying it into effect, and for the disposal 
 and adjustment of the property, rights, and liabilities of 
 the parish council. Where a petition for such an order 
 is rejected, another petition for the same purpose may 
 not be presented within two years from the presentation 
 of the previous petition. 
 
 This section provides that where through increase 
 or decrease of population it has become advisable 
 either to constitute or dissolve (as the case may be) 
 a parish council, the parish meeting may petition 
 the county council in the matter. The county 
 council may then make such order as they think fit, 
 which order need not be submitted to the Local 
 Government Board for confirmation. 
 
 If the county council rejects the petition, another 
 for the same purpose may not be presented until 
 two years have elapsed. 
 
 Certain 
 oiders of 
 
 40. A grouping order, and an order establishing or 
 county dissolving a parish council, or dissolving a group of 
 
 to require parishes, and an order relating to the custody of parish 
 confirmation ^Q^y^g,-,^^ or requiring the approval of the Charity
 
 125 
 
 Commissioners, anrl an order requiring the consent of A.D.^804. 
 the parish meetin<;- for any part of the parish to any act PaktJII. 
 or class of acts of the parish council, shall not require 
 submission to or confirmation by the Local Government 
 Board. 
 
 The orders referred to are under Sees. 37, 38, and 
 39 above ; they do not reciuire to be submitted to 
 the Local Government Board. 
 
 41. The time for petitioning against an order under Reducfion of 
 
 lime for 
 
 section fifty-seven of the Local Government Act, 1888, appealing 
 
 1 r 1 against 
 
 shall be six weeks mstead of three months alter the county 
 notice referred to in sub.section three of that section. orders. 
 
 See Sec. 36 above. 
 
 42. When an order under section fifty-seven of the Validity of 
 
 county 
 
 Local Government Act, 1888, has been confirmed by council 
 
 orders, 
 the Local Government Board, such order shall at the 
 
 expiration of six months from that confirmation be 
 
 presumed to have been duly made, and to be within the 
 
 powers of that section, and no objection to the legality 
 
 thereof shall be entertained in any legal proceeding 
 
 whatever. 
 
 3PAJRT IV. P^^i^' 
 
 SUPPLEMENTAL. 
 Parish Meetings and Elections. 
 43. For the purposes of this Act a woman shall not be Removal of 
 
 ,. 1-r 1 1 • c t, ■ 11 disciualihca- 
 
 disqualihed by marriage lor beuig on an\- local govern- ijon of 
 mcnt register of electors, or for being an elector of an\- '^"^J^"en 
 local authority, provided that a husband and wife shall 
 not both be qualified in respect of the same property.
 
 126 
 
 A.D. lS9i. 
 
 Part IV. 
 
 A woman, whether married or not, may vote for 
 or be elected a parish councillor, district councillor, 
 or guardian — see Sec. 8 and Sec. 20. Husband and 
 wife may not both be qualified in respect of the 
 same property. 
 
 Register of 
 
 parochial 
 
 electors. 
 
 44. — (1.) The local government register of electors 
 and the parliamentary register of electors, so far as they 
 relate to a parish shall, together, form the register of the 
 parochial electors of the parish ; and any person whose 
 name is not in that register shall not be entitled to attend 
 a meeting or vote as a parochial elector, and any person 
 whose name is in that register shall be entitled to attend 
 a meeting and vote as a parochial elector unless pro- 
 hibited from voting by this or any other Act of Parlia- 
 ment. 
 
 Every person to be entitled to vote as a parochial 
 elector must be duly registered, either on the local 
 government register of electors or on the parlia- 
 mentary register. 
 
 As to the qualifications necessary for registration, 
 see notes. Sec. 2 above. 
 
 (2.) Where the parish is in a parliamentary borough, 
 such portion of the parliamentary register of electors for 
 the county as contains the names of persons registered 
 in respect of the ownership of any property in the parish 
 shall be deemed to form part of the parliamentary 
 register of electors for the parish within the meaning of 
 this section. 
 
 Where a person owns, but does not occupy, certain 
 freehold property in a borough of the clear value of 
 forty shillings per annum, he is entitled to be regis- 
 tered in respect of that ownership as a parliamentary 
 elector for the county. In such case his being 
 registered as above will entitle him to vote as a 
 parochial elector in the parish where his property is 
 situate.
 
 V27 
 
 (3.) The lists and register of electors in any parish A.D. 1S'J4. 
 shall be framed in parts for wards of urban districts and pa~IV. 
 
 parishes in such manner that they may be conveniently 
 
 used as lists for polling at elections for any such wards. 
 
 (4.) Nothing in any Act shall prevent a person, if duly 
 qualified, from being registered in more than one register 
 of parochial electors. 
 
 (4) A man may be registered in more than one 
 parish in the same division, and thus acquire a right 
 to vote for more than one parish council in the same 
 division. This will not entitle him to vote more than 
 once in the same division for members of Parliament 
 or the county council. See notes page 128 below. 
 
 (5.) Where in that portion of the parliamentary 
 register of electors which relates to a parish a person is 
 entered to vote in a polling district other than the 
 district comprising the parish, such person shall be 
 entitled to vote as a parochial elector for that parish, 
 and in addition to an asterisk there shall be placed 
 against his name a number consecutive with the other 
 numbers in the list. 
 
 Voters residing out of a polling district to \\hich 
 the parish belongs, wherein their qualification is 
 situate, may vote in the district where they live on 
 making a claim before the revising barrister 
 (G \^icl c. 18, Sec. 3U). 
 
 In these cases an alphabetical list, with numbers 
 added to the name of each, is issued in the district 
 where the person is to poll ; but where his name 
 ah-ead}' occurs in the lists of the district where 
 his qualification is situate, an asterisk only is 
 added. 
 
 In every case where there would be an asterisk 
 merely, under the above rule with respect to a 
 parochial elector, there shall now be also a number 
 consecutive with the other numbers on the list. 
 
 (G.) Where the revising barrister in any list of voters 
 for a parish would — 
 
 (a.) In pursuance of section se\on of the County 51 vic. c. 10.
 
 128 
 
 A.D. 1894. 
 
 Part IV. 
 
 Instructions 
 to revising 
 barrister. 
 
 Electors Act, 1888, place an asterisk or other mark 
 against the name of any person. 
 
 The County Electors Act, 1888, Sec. 7 (51 Vict. 
 c. 10), provides that where the name of a person 
 appears to be entered more than once as a parlia- 
 mentary voter on the lists of voters for the same 
 parliamentary county, the revising barrister shall 
 place an asterisk or other mark against his name. 
 The person is then only entitled to vote at an 
 election for a county authority. 
 
 41 & 42 Vict. 
 
 c. 2';. 
 
 4S A- 49 Vict. 
 c. 15. 
 
 {b.) In pursuance of section four of the Registration 
 Act, 1885, erase the name of any person otherwise 
 than by reason of that name appearing more than 
 once in the lists for the same parish. 
 
 {c.) In pursuance of section twenty-eight of the Parlia- 
 mentary and Municipal Registration Act, 1878, as 
 amended by section five of the Registration Act, 
 1885, place against the name of a person a note to 
 the effect that such person is not entitled to vote 
 in respect of the qualification contained in the 
 
 li.st. 
 
 the revising barrister shall, instead of placing that mark 
 or note, or erasing the name, place against the name, if 
 the person is entitled to vote in respect of that entry as 
 a county elector or burgess, a mark signifying that his 
 name should be printed in division three of the list, or if 
 he is entitled to vote only as a parochial elector, a mark 
 signifying that he is entitled to be registered as a paro- 
 chial elector, and the name so marked shall not be 
 printed in the parliamentary register of electors, but 
 shall be printed, as the case requires, either in division
 
 120 
 
 three of the local government register of electors, or in A.D. 1S04. 
 a separate list of parochial electors. Part IV. 
 
 Parliamentary, etc., Registration Act, 1878 ; 
 
 amended by the Registration Act, 
 
 1885, Sec. 5. 
 
 These instruct the revising barrister how to pro- 
 ceed, where a person is entered more than once as a 
 parliamentary voter on the lists of voters for the 
 same parliamentary borough. 
 
 If the voter does not select the entry to be re- 
 tained, the barrister has to do so in accordance w ith 
 this section, and append a note to the other entry. 
 
 (7.) Where the name of a person is entered both in 
 the ownership list and in the occupation list of voters in 
 the same parish, and the revising barrister places against 
 that name a mark or note signifying that the name 
 should be printed in division three of the lists, an asterisk 
 or other mark shall be there printed against the name, 
 and such person shall not be entitled to vote as a paro- 
 chial elector in respect of that entry. 
 
 (8.) Such separate list shall form part of the register 
 of parochial electors of the parish, and shall be printed 
 at the end of the other lists of electors for the parish, 
 and the names shall be numbered consecutively with the 
 other names on those lists, and the law relating to the 
 register of electors shall, with the necessary modifica- 
 tions, apply accordingly, and the lists shall, for the pur- 
 poses of this Act, be deemed to be part of such register. 
 
 (9.) Any person may claim for the purpose of having 
 his name entered in the parochial electors list, and 
 the law relating to claims to be entered in lists of voters 
 shall apply. 
 
 Claims must be sent in to the overseers — 
 (cr) By owners, before July 20th. 
 {b) By occupiers, before August 20th. 
 Persons on the register already need not claim, 
 except lodgers, who must claim annually — 
 
 {a) Lodgers already on register must claim 
 
 before July 2uth. 
 {b) Lodgers not on the register must claim 
 before August 20th. 
 
 (10.) The clerk of the county council or town clerk, 
 
 as the case may be, shall, in printing the lists returned
 
 130 
 
 A.D^S9i. |.Q i-jjj^-j ]^y ^i^g revising barrister, do everything that is 
 
 PArMV. necessary for carrying into effect the provisions of this 
 
 section with respect to the persons whose names are 
 
 marked by the revising barrister in pursuance of this 
 
 section. 
 
 Supplemental 45._(l.) Subject to the provisions of this Act, parish 
 
 provisions as ■■■ 
 
 to parish meetings shall be held on such days and at such times 
 
 meetings. 
 
 and places as may be fixed by the parish council, or, 
 if there is no parish council, by the chairman of the 
 parish meeting. 
 
 (2.) If the chairman of the parish council is present 
 at a parish meeting and is not a candidate for election 
 at the meeting, he shall, save as otherwise provided 
 by this Act, be the chairman of the meeting. 
 
 (3.) The chairman of the parish council, or any two ' 
 parish councillors, or the chairman of the parish meet- 
 ing, or any six parochial electors, may at any time 
 convene a parish meeting. 
 
 See Sec. 2 above. 
 Disquaiifica- 46- — (1.) A person shall be disqualified for being 
 
 tions for 
 
 parish or elected or being a member or chairman of a council of a 
 
 district . , ^ , . . 
 
 council. 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 
 
 (d) has within twelve months before his election, or 
 since his election, received union or parochial relief; 
 or 
 
 (c) has, within five years before his election or since 
 his election, been convicted either on indictment or 
 summarily of any crime, and sentenced to imprison- 
 ment with hard labour without the option of a fine, 
 or to any greater punishment, and has not received 
 a free pardon, or has, within, or during the time
 
 131 
 
 aforesaid, been adjudged banlcrupt, or made a com- A. D. 18 94. 
 position or arrangement with his creditors ; or ^'^'^'i" ^^^ 
 
 ((f) holds any paid office under the parish council or 
 district council or board of guardians, as the case 
 may be ; or 
 
 (e) is concerned in any bargain or contract entered 
 into with the council or board, or participates in the 
 profit of any such bargain or contract or of any 
 work done under the authority of the council or 
 board. 
 
 (2.) Provided that a person shall not be disqualified 
 for being elected or being a member or chairman of any 
 such council or board by reason of being interested — 
 
 (a) in the sale or lease of any lands or in any loan of 
 money to the council or board, or in any contract 
 with the council for the supply from land, of which 
 he is owner or occupier, of stone, gravel, or other 
 materials for making or repairing highways or 
 bridges, or in the transport of materials for the 
 repair of roads or bridges in his own immediate 
 neighbourhood ; or 
 
 (d) in any newspaper in which any advertisement 
 relating to the affairs of the council or board is 
 inserted. 
 
 Aliens. 
 
 (1) (a) These are persons who are not British 
 subjects by reason of their birth. They may, how- 
 ever, become I^ritish subjects by being naturalized 
 under the Naturalization Act, 1870, 
 
 Before an alien can obtain a certificate of 
 naturalization he must have resided in the United 
 Kingdom for not less than five years, or during the 
 same period have been in the service of the Crown, 
 and must also satisfy a Secretary of State that he 
 intends to continue so to reside or serve. 
 
 A certificated alien who has taken the oath of
 
 132 
 
 A. p. I8 9j. allegiance is entitled to all the rights, political or 
 
 Part IV. otherwise, of a British-born subject. 
 
 The meaning of the rest of the section can be 
 
 gathered from a perusal of it. 
 
 (r) In any contract with the council or board as a 
 
 shareholder in any joint stock company ; but he 
 
 shall not vote at any meeting of the council or board 
 
 on any question in which such company are 
 
 interested, except that in the case of a water 
 
 company or other company established for the 
 
 carrying on of works of a like public nature, this 
 
 prohibition may be dispensed with by the county 
 
 council. 
 
 (o.) Where a person who is a parish councillor, or is a 
 
 candidate for election as a parish councillor, is concerned 
 
 in any such bargain or contract, or participates in any 
 
 such profit, as would disqualify him for being a parish 
 
 councillor, the disqualification may be removed by the 
 
 county council if they are of opinion that such removal 
 
 will be beneficial to the parish. 
 
 (4.) Where a person is disqualified by being adjudged 
 bankrupt or making a composition or arrangement with 
 his creditors, the disqualification shall cease, in case of 
 bankruptcy, when the adjudication is annulled, or when 
 he obtains his discharge with a certificate that his 
 bankruptcy was caused by misfortune without any mis- 
 conduct on his part, and, in case of composition or 
 arrangement, on pa}-mcnt of his debts in full. 
 
 (5.) A person disqualified for being a guardian shall 
 also be disqualified for being a rural district councillor. 
 
 (6.) If a member of a council of a parish, or of a 
 district other than a borough, or of a board of guardians, 
 is absent from meetings of the council or board for more 
 than six months consccutivcl}', except in case of illness
 
 133 
 
 or for some reason approved by the council or board, his A. D. is pt. 
 office shall on the expiration of those months become Part IV. 
 vacant. 
 
 (7.) Where a member of a council or board of 
 guardians becomes disciualified for holding office, or 
 vacates his seat for absence, the council or board shall 
 forthwith declare the office to be vacant, and signify the 
 same by notice signed by three members and counter- 
 signed by the clerk of the council or board, and notified 
 in such manner as the council or board direct, and the 
 office shall thereupon become vacant. 
 
 (8.) If any person acts when disqualified, or votes 
 when prohibited under this section, he shall for each 
 offence be liable on summary conviction to a fine not 
 exceeding twenty pounds. 
 
 (0.) This section shall apply in the case of any 
 
 authority whose members are elected in accordance with 
 
 this Act in like manner as if that authority were a 
 
 district council, and in the case of London auditors as if 
 
 they were members of a district council. 
 
 47. — (1.) If at the annual election of parish councillors Supplememal 
 
 provisions as 
 any vacancies are not filled by election, such number of to parish 
 
 . ^. . ... 1,1 councils. 
 
 the retn-mg councillors as are not re-elected, and are 
 
 required to fill the vacancies, shall, if w illing, continue to 
 
 hold office. The councillors so to continue shall be 
 
 those who were highest on the poll at the previous 
 
 election, or if the numbers were equal or there was no 
 
 poll, as ma)' be determined by the parish meeting, or if 
 
 not so determined, b}- the chairman of the parish 
 
 council. 
 
 (■-'.) A retiring parish councillor or chairman of a 
 parish council or i^arish meeting shall be re-eligible. 
 
 (3.) A parish councillor may, by notice in writing to 
 the chairman of the council, resign his office, and a
 
 134 
 
 A.D. 1894. chairman of a parish council or parish meeting may 
 Part IV. resign his chairmanship by notice in writing to the 
 council or meeting. 
 
 (4.) A casual vacancy among parish councillors or in 
 the office of chairman of the council shall be filled by 
 the parish council, and where there is no parish council, 
 a casual vacancy in the office of chairman of the parish 
 meeting shall be filled by the parish meeting, and 
 the person elected shall retire from office at the time 
 when the vacating councillor or chairman would have 
 retired. 
 
 (5 ) If any parish council become unable to act by 
 reason of a want of councillors, whether from failure to 
 elect or otherwise, the county council may order a new 
 election, and may by order make such provision as 
 seems expedient for authorising any person to act 
 temporarily in the place of the parish council and of the 
 chairman thereof 
 
 Supplemental 48. — (1.) The election of a parish councillor shall be 
 
 provisions as n i 
 
 to elections, at a parish meeting, or at a poll consequent thereon, 
 fenur'e'^of (2.) Rules framed under this Act by the Local 
 
 Government Board, in relation to elections shall, not- 
 withstanding anything in any other Act, have effect as 
 if enacted in this Act, and shall provide, amongst other 
 things — 
 
 (i.) for every candidate being nominated in writing by 
 two parochial electors as proposer and seconder and 
 no more ; 
 (ii.) for preventing an elector at an election for a union 
 or for a district not a borough from subscribing a 
 nomination paper or voting in more than one 
 parish or other area in the union or district ; 
 (iii.) for preventing an elector at an election for a 
 parish divided into parish wards from subscribing 
 
 office.
 
 135 
 
 a nomination paper or voting; for more than one A.D. i.S04. 
 
 ward ; I'ArMV. 
 
 (iv.) for fixinj^ or enabling the county council to fix 
 
 the (hiy of the poll and the hours during which the 
 
 poll is to be kept open, so, however, that the poll 
 
 shall always be open between the hours of six and 
 
 eight in the evening ; 
 (v.) for the polls at elections held at the ^ame date 
 
 and in the same area being taken together, except 
 
 where this is impracticable ; 
 (vi.) for tlic appointment of returning officers for the 
 
 elections. 
 
 It is the duty of the Local Government Board to 
 frame rules regulating the conduct of elections 
 under this Act. The following notes refer to those 
 parts of Acts mentioned in the section, which the 
 Local Government Board have to consider in 
 framing the rules, but the rules when framed have 
 effect as if specially enacted. The details of these 
 sections at present, more concern the legal advisers 
 of the Local Government Board than the general 
 public. 
 
 (3.) At every election regulated b}' rules framed under 
 this Act, the poll shall be taken by ballot, and the 
 
 Ballot Act, 1872, and the Municipal Elections (Corrupt "•" & 36 Vict. 
 
 c. 3:-t. 
 and Illegal Practices) Act, 1884, and sections seventy- 47 A 48 Vict. 
 
 c. 70. 
 
 four and seventy-five and Part IV. of the Municipal 4:, &'46 Vict. 
 
 c 50 
 
 Corporations Act, 1882, as amended by the last-men- 
 tioned Act (including the penal provisions of those 
 Acts) shall, subject to adaptations, alterations, and 
 exceptions made by such rules, appl}- in like manner 
 as in the case of a municipal election. Provided that — 
 {(7) section six of the Ballot Act, 1872, shall apply in the 
 case of such elections, and the returning officer may, 
 in addition to using the schools and public rooms
 
 136 
 
 A. p. 18 94. therein referred to free of charge, for taking the 
 
 Tart IV. poU^ use the same, free of charge, for hearing 
 
 objections to nomination papers and for counting 
 
 votes ; and 
 {b) section thirty-seven of the Municipal Elections 
 
 (Corrupt and Illegal Practices) Act, 1884-, shall 
 
 apply as if the election were an election mentioned 
 
 in the First Schedule to that Act. 
 
 Ballot. Voting by Ballot was introduced into 
 Parliamentary and Municipal Elections by the Ballot 
 Act ofl%12 (ao & 36 Vict. c. 33), the form of voting 
 being by making a cross (X) opposite the name of 
 the candidate (which is printed on the Ballot Paper), 
 for whom the voter wishes to vote. 
 
 The Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884, and Part IV. of the Municipal 
 Corporations Act, 1882, are concerned with the 
 prevention of bribery and corrujDtion and illegal 
 practices at Municipal Elections. 
 
 They define these offences, and regulate the ex- 
 penditure allowed to each candidate at an election, 
 and provide for the publication of a return of all 
 such expenses incurred. 
 
 Contraventions of these Acts render the election 
 void, and expose the person contravening them to 
 certain penalties. 
 
 The Municipal Corporations Act, 1882, Sec. 74, 
 referred to above, renders persons forging or fraudu- 
 lently defacing or destroying any nomination paper 
 liable to imprisonment not exceeding six months. 
 
 Sec. 75, of the same Act, also referred to in the 
 section, renders any mayor or alderman refusing to 
 conduct or declare an election as required by the 
 Act, liable to a fine not exceeding £l^'d. 
 
 The other provisions of these Acts are too 
 voluminous to be here set out, but the Acts them- 
 selves should be consulted in case of need. 
 
 {a) The Ballot Act, 1872, Sec. 6, grants the use, 
 free of charge, of any jDublic elementary 
 schoolroom or room, the expense of main- 
 taining which is paid out of the local rate, to 
 the returning officer. 
 
 The returning officer is to make good any 
 
 damage done.
 
 137 
 
 (b) The Municipal l":icctioiis (Corrupt and Illcc^al A .P. 1894. 
 Practices) Act, 1S84, Sec. 37, enacts that the p^^^^ jy 
 
 provisions of tliat Act as to the maximum 
 
 expenses allowed to a candidate shall not 
 
 apjjly to elections mentioned in the First 
 
 Schedule. 
 
 This subsection (b) together with the above Sec. 
 
 37 of the Municipal I'^lections Act, 1884, exempt 
 
 elections under the Parish Councils Act from the 
 
 provisions of that Act. 
 
 The regulation of expenses, etc., therefore, remains 
 as under the Municipal Corporations Act, 1882. 
 
 The county council shall fix the scale of exjxinses, 
 or, in default of their doing soj the Local Govern- 
 ment Board. (Subsection 7.) 
 
 (4.) The provisions of tlie Municipal Corporations 
 Act, 1882, and the enactments amending the same, with 
 respect to the expenses of elections of councillors of a 
 borough, and to the acceptance of office, resignation, 
 re-eligibility of holders of office, and. the filling, of casual 
 vacancies, and section fifty-six of that Act, shall, subject 
 to the adaptations, alterations, and exceptions made by 
 tlie said rules, apply in the case of guardians and of 
 district councillors of a county district not a borough, 
 and of members of the local board of Woolwich., and of 
 a vestr}- under the Metropolis Management Acts, 1855 
 to 1890, and any Act amending tlie same. Provided 
 that— 
 
 (a) the provisions as to resignation shall not aiDj)l\- to 
 guardians, and district councillors of a rural district 
 shall be in the same position w ith respect to resig- 
 nation as members of a board of guardians ; and 
 
 (b) 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 retire- 
 ment from the office in which the vacancy occurs, 
 
 K
 
 138 
 
 A.D. 1894. jjj^(j ^]-jg vacancy shall be filled at the next ordinary 
 
 Part IV. election ; and 
 
 (c) the rules may provide for the incidence of the 
 
 charge for the expenses of the elections of guardians 
 
 being the same as heretofore. 
 
 (4) The general provisions of the Municipal 
 Corporations Act, 1882, are to be taken into account 
 by the Local Government Board when framing 
 rules for the regulation of elections under this Parish 
 Councils Act. 
 
 The rules themselves when framed are to form 
 the code of procedure. 
 
 These subsections really are instructions to the 
 Local Government Board as to the method they 
 are to pursue in the formation of the rules. 
 
 Sec. 56 of the JMunicipal Corporations Act, 1882, 
 alluded to in the subsection (4), relates to the 
 nomination of candidates. If there are an equal or 
 less number of candidates nominated than vacancies, 
 those nominated are to be declared elected. If a 
 greater number are nominated than there are 
 vacancies, the election is to be from those nomi- 
 nated. If the number nominated is less than the 
 immber of vacancies, the vacancies are to be filled 
 up from the retiring councillors who were highest 
 in the poll. 
 
 (a) Guardians and district councillors are not 
 subject to the fines on resignation, which 
 are imposed by the Municipal Corporation 
 Act, 1882. 
 
 Casual Vacancy. 
 
 (b) A returning officer need not fill a casual 
 vacancy occurring within six months before 
 the day for ordinary election. 
 
 (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
 
 i;59 
 
 A.D. 1S04. 
 
 give such directions as may be necessary for the purpose 
 
 of holding the election. P.uvr^v. 
 
 (6.) Any ballot boxes, fittings, and compartments 
 provided by or belonging to any public authority, for 
 any election (whether parliamentary, county council, 
 municipal, school board, or other), shall, on request, and 
 if not required for immediate use by the said authority, 
 be lent to the returning officer for an election under this 
 Act, upon such conditions and either free of charge 
 or, except in the prescribed cases, for such reasonable 
 charge as may be prescribed. 
 
 (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 adaptations 
 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. Where a parish meeting is required or authorised Provision as 
 
 to parish 
 
 in pursuance of this Act to be held for a ward or other meeting for 
 
 part of 
 
 part of a parish, then — parish. 
 
 (<^) 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, including the
 
 140 
 
 A.D. 1894. provisions with respect to the convening of a parish 
 
 Part IV. meeting by parochial electors, shall apply as if the 
 
 ward or part were the whole parish 
 
 Wards — See Sec. 18 above. 
 
 Parish Meetings — See Sec. 2 and Sec. 19 above. 
 
 Supplemental 50- If, in the case of a rural parish or of any urban 
 
 provisions as 
 
 to overseers, parish in respect to which the power of appointing over- 
 seers has been transferred under this Act, notice in 
 the prescribed form of the appointment of overseers is 
 not received by the guardians of the poor law union 
 comprising the parish within three weeks after the 
 fifteenth day of April, or after the occurrence of a 
 vacancy in the office of overseer, as the case may be, 
 the guardians shall make the appointment or fill the 
 vacancy, and any overseer appointed by the guardians 
 shall supersede any overseer previously appointed whose 
 appointment has not been notified. Any such notice 
 Siiall be admissible as evidence that the appointment 
 has been duly made. 
 
 Overseers. 
 
 Notice of appointment of overseers should im- 
 mediately be sent to the guardians. The Local 
 Government Board regulate the form in which the 
 notice is to be given. 
 
 It was usual for a copy of the resolution of the 
 vestry, signed by the chairman of the vestry, con- 
 taining the appointment, to be sent to the Board of 
 Guardians. If not sent within three weeks after 
 vacancy, the guardians may make an appointment. 
 Such appointment will supersede any previous 
 appointment by the parish council, if not notified. 
 
 Parish and District Councils. 
 
 51. A public notice given by a parish council for the 
 purposes of this Act, or otherwise for the execution of
 
 Ill 
 
 their duties, and a public notice of a parish mcetinjr, A- P. iH'iH. 
 shall be given in the manner required for giving notice Pakt IV. 
 of vestry meetings, and by jjosting the notice in some 
 conspicuous place or places within the parish, and in such 
 other manner (if any) as appears to the council or to the 
 persons convening the meeting desirable for giving 
 publicity to the notice. 
 
 Public Notice. 
 
 The regulations as to notice of a vestry meeting ' 
 
 are as follows — (under 7 William IV. and 1 Vict. 
 c. 45, Sec. 2). 
 
 Three days at least before the meeting is to be 
 held, i)ublic notice shall be given of the place and 
 hour of holding the same, and the business to be 
 transacted. The publication of the notice is to be 
 made by written or printed copies of the notice 
 being affixed on, or near to, the principal doors of all 
 the churches or chapels within the parish or place, 
 on the Sunday, previously to the commencement of 
 Divine service. 
 
 Under Sec. 51 above, the notice must a/so be 
 posted in some conspicuous place in the parish. 
 
 In the case of a parish meeting public notice of 
 the same is required to be given seven clear days 
 before holding it. (See Sched. J, part 1, Sec. 2, p. 
 191 below.) 
 
 These regulations are to be observed in giving 
 any public notice by a parish council, or parish 
 meeting, in addition to any other method of making 
 the same public, that they may adopt as desirable. 
 52. — (1.) Any power which maybe exercised and any Supplemental 
 
 ' '' provisions as 
 
 consent which may be given by the owners and rate- to transfer of 
 payers 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 Institu-c' iii.'. 
 tions Act, 1854, so far as respects the dealing witli 
 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. 
 
 Powers exercisable formerly only with 
 consent of Ratepayers, etc. 
 
 (a) These powers are now exercisable with con- ^:^"*^,P"'" 
 ^ ^ ^ i- 1 1 ■ cliased lor 
 
 sent ol the parish meeting. materials.
 
 142 
 
 A.D^SO). Under b & 6 WilL IV. c. 50, Sec. 48. 
 
 Part IV. I^i cases where land has been purchased for 
 
 getting materials for the construction of a road, 
 
 and such material is exhausted, the surveyor may- 
 sell the same with the consent of the vestry. 
 
 The consent of the justices was also required, but 
 by subsection 3 of this present Sec. 45, has been 
 rendered unnecessary. 
 
 Under 59 Geo. III. c. 12, Sec. 14. 
 Limitation of {b) No sum exceeding in amount a rate of one 
 
 expenditure. shilling in the pound may be expended in any 
 
 one year for building, etc., unless with consent of 
 a majority of the ratepayers at a vestry meeting. 
 
 School Sitss. 
 
 Under the School Sites Act, 1844. 
 (4 (S- 5 Vict. c. 38), Sec. C. 
 
 No parochial property may be conveyed for the 
 purpose of a site for schools, by any person holding 
 it for a public, ecclesiastical, or charitable purpose, 
 without consent of a majority of ratepayers and 
 owners of the parish in vestry assembled. 
 
 The same rule applied to the conveyance of work- 
 houses, etc., by guardians and overseers (5 
 & 6 Will. IV. c. 69), and to the conveyance 
 of sites for literary and scientific institutions 
 (17 & 18 Vict. c. 112, Sec. 6). 
 
 (2.) In a rural parish the power of making an appli- 
 cation or passing a resolution given by section twelve of 
 83 & 34 Vict, the Elementary Education Act, 1870, and by section 
 
 c ' 5 
 
 ?i'.i a'io Vict, forty-one of the Elementary Education Act, 1876, to the 
 electing body mentioned in the former section shall be 
 transferred to the parish meeting of the parish, and shall 
 in cases under the latter section be exercisable by th-e 
 like majority of the parish meeting, and, if a poll is taken, 
 of the parochial electors, as is required by that section in 
 the case of the said electing body, 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. 
 
 c. 79.
 
 Pari- IV. 
 
 113 
 
 By Sec. 12 of i/ie EUuientary Education Act, 1870, A.D, 1894. 
 oil application by certain persons, the Education 
 Department may form a school board if they think 
 fit. 
 
 The parish meetinsT may now make this appli- 
 cation directly, or by j^assin^j a resolution in favour 
 of the change. 
 
 By Sec. 41 of the Elementary Education Act, 1870, 
 on application of certain persons the Education 
 Department may dissolve a school board. 
 
 This section requires a two-thirds majority of the 
 parish meeting, or of the parochial electors if a poll 
 is taken. 
 
 The resolution need not be in accordance with 
 the second part of the second schedule to the Act of 
 1870, which provided that it should be passed in the 
 same manner as one for the election of a member of 
 a school board. 
 
 (3.) The consent of justices shall not be required for 
 the sale of land belonging to a parish which has been 
 used for materials for the repair of highways or for the 
 purchase of land with the proceeds of any such sale. 
 
 See subsection (1) {a) above. 
 
 (4.) Where the legal estate in any property is vested 
 
 in the churchwardens and o\-erseers of any parish by 
 
 virtue of the Poor Relief Act, 1819, nothing in the 
 
 Charitable Trusts Acts, 1853 to 1801, shall be deemed to '^'^ Geo. III. 
 
 c 12. 
 require the consent of such churchwardens and overseers 
 
 in their capacit\' a^ a cor[)oration under that Act, or of 
 the parish council as their successors, to a vesting order 
 under those Acts dealing with the said legal estate. 
 Provided that nothing in this section shall affect any 
 rights, powers, or duties of the churchwardens and over- 
 seers or the parish council, in cases where they have 
 active powers of management. 
 
 By the Poor Relief Act, 1819 (59 Geo. III. c. 12, 
 Sec. 17), the churchwardens and overseers are con- 
 stituted a body corporate, and hold in trust for the
 
 Tart IV. 
 
 144 
 
 A.D. iSO-i. parish all \vorkhouse.s, etc., and other buildings con- 
 
 cerned with the relief of the poor. 
 
 Charitable Trusts Act, 1853 (16 & 17 Vict. c. 137). 
 A vesting order is to be made by the Chancery 
 Division of the High Court, vesting land in the 
 " Official Trustee," i.e., the Charity Commissioners' 
 Treasurer, in cases where trustees are unwilHng or 
 incapable of acting, or where, owing to expense, it is 
 not advisable to appoint new trustees, and in certain 
 cases of difficulty. 
 
 The vesting could not be made without the 
 consent of thf^ corporation. 
 
 Nozu, the consent of the churchwardens and over- 
 seers, or of the parish council, their successor, is not 
 necessary except when they have active duties. 
 
 (5.) All enactments in any Act, whether general or 
 local and personal, relating to any powers, duties, or 
 liabilities transferred by this Act to a parish council or 
 parish meeting from justices or the vestry or overseers 
 or churchwardens and overseers shall, subject to the 
 provisions of this Act and so far as circumstances admit, 
 be construed as if any reference therein to justices or to 
 the vestry, or to the overseers, or to the churchwardens 
 and overseers, referred to the parish council or parish 
 meeting as the case requires, and the said enactments 
 shall be construed with such modifications as may be 
 necessary for carrying this Act into effect. 
 
 Where any Act has conferred any powers or 
 duties, etc., on any person or body, which powers 
 have now been transferred to the parish council or 
 meeting, this Act shall be construed together with 
 the former Acts, so as to substitute the parish 
 council or meeting, as the case may be, for the 
 persons there referred to. 
 
 Sapplemental 53. — (1.) Where on the appointed day any of the 
 
 provisions as 
 
 to adoptive adoptive Acts is in force in a part only of a rural parish. 
 
 Acts 
 
 the existing authority under the Act, or the parish 
 meeting for that part, may transfer the powders, duties,
 
 145 
 
 and liabilities of the authority to the parish council, ^^•l-' l^^*'- 
 subject to any conditions with respect to the execution Part IV. 
 thereof by means of a committee as to the authority 
 or parish meeting may seem fit, and any such conditions 
 may be altered by any such parish meeting. 
 
 Adoptive Acts. 
 
 Where the adoptive Acts (see Sec. 7 notes) are on 
 the ajjpointed day (see Sec. 84) in force in part 
 of a rural parish, the authority under the Acts, 
 or the parish meeting for that part, may transfer 
 their powers, etc., to the parish council, subject 
 to such conditions as they think fit. 
 
 (l'.) If the area on the appointed day under any 
 authority under any of the adoptive Acts will not after 
 that day be comprised within one rural parish, the 
 powers and duties of the authority shall be transferred 
 to the parish councils of the rural parishes wholly or 
 partly comprised in that area, or, if the area is partly 
 comprised in an urban district, to those parish councils 
 and the district council of the urban district, and shall, 
 until other provision is made in pursuance of this Act, 
 be exercised by a joint committee appointed by those 
 councils. Where any such rural parish has not a parish 
 council the parish meeting shall, for the purposes of this 
 provision, be substituted for the parish council. 
 
 If in the above case the area will not be com- 
 prised within one rural pryish after this Act, the 
 transfer of powers, etc., shall be to the parish councils 
 of the rural parishes within the area. 
 
 If the area is partly within an urban district, the 
 transfer shall be to these parish councils, and the 
 district council of the urban districts. In this case 
 it will be exercised by a joint committee. 
 
 (3.) The property, debts, and liabilities of any au- 
 thorit}- under an\' of the adoptive Acts whose powers are
 
 14G 
 
 A.D. 1894. transferred in pursuance of this Act shall continue to be 
 Part IV. the property, debts, and liabilities of the area of that 
 authority, and the proceeds of the property shall be 
 credited, and the debts and liabilities and the expenses 
 incurred in respect of the said powers, duties, and liabil- 
 ities, shall be charged to the account of the rates or con- 
 tributions levied in that area, and where that area is 
 situate in more than one parish the sums credited to and 
 paid by each parish shall be apportioned in such manner 
 as to give effect to this enactment. 
 
 The area of the authority \Ahose powers are trans- 
 ferred under this section (Sec. 53) shall continue to 
 bear the expenses involved, which shall be charged 
 to the rates levied in that area. 
 
 Effect on 
 parish 
 council of 
 constitution 
 of urban 
 district. 
 
 (4.) The county council on the application of a parish 
 council may, by order^ alter the boundaries of any such 
 area if they consider that the alteration can properly be 
 made without any undue alteration of the incidence of 
 liability to rates and contributions or of the right to 
 property belonging to the area, regard being had to any 
 corresponding advantage to persons subject to the 
 liability or entitled to the right. 
 
 54. — (1.) Where a new borough is created, or any 
 other new urban district is constituted, or the area of an 
 urban district is extended, then — 
 
 (c?) as respects any rural parish or part of a rural 
 parish which will be comprised in the borough or 
 urban district, provision shall be made, either by the 
 constitution of a new parish, or by the annexation 
 of the parish or parts thereof to another parish or 
 parishes, or otherwise, for the appointment of over- 
 seers and for placing the parish or part in the same 
 position as other parishes in the borough district, and
 
 147 
 
 {b) as respects any parish or part which remains A.D^^so4. 
 rural, provision shall be made for Ihc constitution of I'akt IV. 
 a new 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 
 
 {c) provision shall also where necessary be made for 
 the adjustment of any property, debts, and liabilities 
 affected by the said creation, constitution, or ex- 
 tension. 
 
 (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 45 & 46 VicL 
 
 c. oU. 
 
 Municipal Corporations Act, 1882 ; 
 
 {b.) Where any other new urban district is constituted, 
 
 by an order of the county council under section 
 
 .")1 tt 52 Vict. 
 
 fifty-seven of the Local Government Act, 1888 ; c. 41. 
 
 {c.) Where the area of an urban district is extended, 
 by an order of the Local Government Board under 
 section fifty-four, or of the county council under 
 section fifty-seven, as the case may be, of the Local 
 Government Act, 1888. 
 
 CG.) Where the area of an urban district is diminished 
 this section shall apply with the necessary modifica- 
 tions. 
 
 (2) {a) BaroiigJis are created by a grant of in- 
 corporation by Her JMajesty on the advice of 
 the Privy Council, to whom all petitions for 
 this purpose are referred. 
 The committee of the Privy Council may then 
 under Sec. 2\'6 above referred to, settle a scheme for 
 the adjustment of powers, rights, liabilities, etc., 
 of any then existing local authorit}', whose district 
 comprises the whole, or part of the area of that 
 borough, either with or without any adjoining or 
 other place.
 
 148 
 
 A.D. IS'Ji. 
 
 Tart IV. 
 
 New Urban Districts. 
 
 {d) The Local Government Act, ISSS (51 & ^>2 
 Vict. c. 41, Sec. 57), provides that the county 
 council may, where it appears that there is a 
 priina facie case for the change, cause 
 inquiry to be made in the locality, and 
 notice to be given in the locality, and to the 
 necessary department of the Government, 
 i.e., the Local Government Board. 
 If satisfied of the necessity, the county council 
 may then make the order, which has to be con- 
 firmed by the Local Government Board, and laid 
 upon the table of both Houses of Parliament 
 
 Extension of Urban District. 
 
 [c) This can be done by the county council as 
 above under Sec. 57, or by the Local 
 Government Board under Sec. 54 of the 
 same Act, on the representation being made 
 to them by the council of the county or 
 borough, after holding a local inquiry, or 
 the Local Government Board may, w^ithout 
 representation, hold the local inquiry and 
 make the order. 
 
 Power to 
 change name 
 of district 
 or parish. 
 
 55. — (1-) Where a parish is divided or united or 
 grouped with another parish by an order in pursuance of 
 this Act each new parish or group so formed shall bear 
 such name as the order directs. 
 
 (2.) Where a parish is divided by this Act, each parish 
 so formed shall bear such name as the county council 
 direct. 
 
 (3.) Any district council may, with the sanction of the 
 county council, change their name and the name of their 
 district. 
 
 (4.) Every change of name made in pursuance of this 
 section shall be published in such manner as the 
 authority authorising the change may direct, and shall 
 be notified to the Local Government Board. 
 
 (5.) Any such change of name shall not affect any
 
 140 
 
 rights or obligations of any parish, district, council, A.D.^S94. 
 
 authority, or person, or render defective any legal pro- ^'akt I\ . 
 
 ceedings, and any legal proceedings may be continued or 
 
 commenced as if there were no change of name. 
 
 56. — (1.) A parish or district council may appoint Committees 
 
 of parish 
 committees, consisting either wholly or partly of members or district 
 
 of the council, for the exercise of any powers which, in 
 
 the opinion of the council, can be properly exercised by 
 
 committees, but a committee shall not hold office beyond 
 
 the next annual meeting of the council, and the acts of 
 
 every such committee shall be submitted to the council 
 
 for their approval. 
 
 Provided that where a committee is appointed by any 
 
 district council for any of the purposes of the Public 
 
 Health Acts or Highway Acts, the council may authorise 
 
 the committee to institute any proceeding or do any act 
 
 which the council might have instituted or done for that 
 
 purpose other than the raising of any loan or the making 
 
 of any rate or contract. 
 
 Public Health Acts — General Powers. 
 
 Amongst the powers conferred on sanitar}- 
 authorities by the Public Health Acts, may be men- 
 tioned those connected with sewage, drainage, the 
 making of bye-laws, and other powers with regard 
 to the regulation of streets and houses, powers of 
 suppl}-ing districts witii water and regulations with 
 regard to such supply, registration and other 
 arrangements as to common lodging-houses, abate- 
 ment of nuisances, bye-laws with regard to offensive 
 trades, unsound meat, infectious diseases and hos- 
 pitals, provisions in case of epidemic diseases, 
 powers connected with safety of temporarily erected 
 platforms, ingress and egress to places of public 
 resort, parks and pleasure grounds, etc., etc., and as 
 to music and dancing licenses. 
 
 't> 
 
 Highway Acts, 
 
 The chief powers under the Highwa}- Acts are for
 
 150 
 
 A.D. 1894. maintaining repairs, diverting and stopping up high- 
 Part IV. ways, hiring and purchase of premises required for 
 material, appointment of surveyors, etc., etc. 
 
 (2.) Where a parish council have any powers and 
 duties which are to be exercised in a part only of the 
 parish, or in relation to a recreation ground, building,- 
 or property held for the benefit of a part of a parish, 
 and the part has a defined boundary, the parish council 
 shall, if required by a parish meeting held for that part, 
 appoint annually to exercise such powers and duties 
 a committee consisting partly of members of the council 
 and partly of other persons representing the said part of 
 the parish. 
 
 (3.) With respect to committees of parish and district 
 councils the provisions in the First Schedule to this Act 
 shall have effect. 
 
 (4.) This section shall not apply to the council of 
 a borough. 
 iQJj^j 57. — (1-) A parish or district council may concur with 
 
 any other parish or district council or councils in ap- 
 pointing out of their respective bodies a joint committee 
 for any purpose in respect of which they are jointly 
 interested, and in conferring, with or without conditions 
 or restrictions, on any such committee any powers which 
 the appointing council might exercise if the purpose 
 related exclusively to their own parish or district. 
 
 (2.) Provided that a council shall not delegate to any 
 such comimittee any power to borrow money or make 
 any rate. 
 
 (3.) A joint committee appointed under this section 
 shall not hold office beyond the expiration of fourteen 
 days after the next annual meeting of any of the 
 councils who appointed it. 
 
 (4.) The costs of a joint committee under this section 
 
 committees.
 
 151 
 
 shall be defrayed by the councils by whom it is appointed '^■^- l^'-^*- 
 in such proportions as they may agree upon, or as Paut IV. 
 may be determined in case of difference by the county 
 council. 
 
 (5.) Where a parish council can under this Act be 
 required to appoint a committee consisting partly of 
 members of the council and partly of other persons, 
 that requirement may also be made in the case of a 
 joint committee, and shall be duly complied with by the 
 parish councils concerned at the time of the appoint- 
 ment of such committee. 
 
 Committee of a Joint Committee. 
 
 (5) Where the parish council has to deal with 
 a matter which concerns part of a parish only, on 
 request by a parish meeting of that part, it must 
 appoint a committee of its own members and 
 representatives of the part to exercise its power, 
 etc. See Sec. 56 above. 
 
 Where a joint committee has been appointed, 
 it shall, under this present Sec. 57 on a like request, 
 appoint a committee of its own members and of 
 representatives of the parish specially affected. 
 
 58. — (1.) The accounts of the receipts and payments ^"'^'^ o*^ 
 
 accounts of 
 
 of parish and district councils, and of parish meetings district ar.d 
 
 parish 
 
 tor parishes not having parish councils, and their com- councils and 
 mittces and officers, shall be made up }^early to the 
 thirty-first day of March, or in the case of accounts 
 which are required to be audited half-yearly, then half- 
 yearly to the thirtieth day of September and the thirty- 
 first day of March in each year, and in such form as the 
 Local Government l')oard prescribe. 
 
 (2.) The said accounts shall, except in the case of 
 accounts audited b}' the auditors of a borough (but 
 inclusive of the accounts of a joint committee appointed 
 b}' a borough council with another council not being
 
 152 
 
 A.D. 1894. ^ borough council), be audited by a district auditor, and 
 Part IV. the enactments relating to audit by district auditors 
 of accounts of urban sanitary authorities and their 
 officers, and to all matters incidental thereto and con- 
 sequential thereon, shall apply accordingly, except that 
 in the case of the accounts of rural district councils, 
 their committees and officers, the audit shall be half- 
 yearly instead of yearly. 
 
 Audit of Accounts. 
 
 (2) All accounts other than accounts of a borough 
 are to be audited by a district auditor. 
 
 Accounts of rural district councils shall be audited 
 half-yearly instead of yearly. 
 
 Seven clear days at least before the day fixed 
 for the audit the overseers, collectors, and assistant 
 overseers of every parish are to make up and 
 balance their rate books which are then to be 
 deposited at the house, within the parish, of one of 
 such overseers, etc., and notice thereof, and of the 
 time and place of the audit, is to be given, and the 
 books are to be open to the inspection of the 
 parochial electors. 
 
 Fourteen days' notice of the audit is to be sent by 
 the auditor, by post or otherwise, to the overseers. 
 
 Every ratepayer may be present at the audit, and 
 may object to the accounts. 
 
 The auditor may require any person holding or 
 accountable for money, books, etc., relating to the 
 poor rate or relief of the poor, to produce his 
 accounts and vouchers and to sign a declaration, 
 under a penalty if he refuses. — 7 & 8 Vict. c. lUl, 
 Sec. 33. 
 
 Appointment of Auditors. 
 
 The Local Government Board may appoint such 
 number of district auditors as they may think 
 necessary for the performance of the duties of 
 auditing the accounts which are subject to be audited 
 by district auditors, and may from time to time 
 remove such auditors. 42 & 43 Vict. c. 6, Sec. 4. 
 
 The Local Government Board may modify the 
 rules as to the auditors contained in these enact- 
 ments here set out
 
 1.j3 
 
 (3.) The Local Government Board may, with respect ^-^^ ^''^'• 
 to any audit to which this section appHes, make rules l''^' ' iv. 
 modifying the enactments as to publication of notice of 
 the audit and of the abstract of accounts and the rc[)ort 
 of the auditor. 
 
 (4.) Every parochial elector of a rural parish may, at 
 all reasonable times, without payment, inspect and take 
 copies of and extracts from all books, accounts, and 
 documents belonging to or under the control of the 
 parish council of the parish or parish meeting. 
 
 (5.) Every parochial elector of a parish in a rural 
 district may, at all reasonable times, without payment^ 
 inspect and take copies of and extracts from all books, 
 accounts, and documents belonging to or under the 
 control of the district council of the district. 
 
 59. — (1.) Section one hundred and ninety-nine and Siippicmcnial 
 Schedule I. of the Public Health Act, 187-3, so far as lo district 
 that schedule is unrepealed (which relate to the meetings 3^; & ;{a'vict. 
 of urban authorities, and to the meetings and proceedings 
 of local boards), shall apply in the case of ever}- urban 
 district council other than a borough council and of every 
 rural district council and board of guardians, as if sr.ch 
 district council or board were a local board, except that 
 the chairman of the council or board may be elected 
 from outside the councillors or guardians. 
 
 Section 199 0/ the Public Health Act, 1875, enacts 
 that urban authorities (or borough councils) shall 
 hold annual meetings, and meetings for trans- 
 action of business at least ez'crv mouth. Meetings 
 of local boards to be regulated hy follow iug rules, 
 (See Schedule I. of Public Health Act.) 
 
 {a) \\\(txy local board to make regulations from 
 time to time with respect to the summoning, 
 notice, place, management, and adjournment 
 of their meetings, and generall}' with respect 
 to the transactions and management of their 
 business under this Act 
 
 c. 00.
 
 154 
 
 A.D^94. ^^^ j^^ business shall be transacted at any such 
 
 Part IV. meeting unless at least one-third of the full 
 
 — — number of members are present, — but no 
 
 larger quorum than seven shall ever be re- 
 quired. 
 
 (c) The chairman to be appointed at the annual 
 meeting for one year (need not be one of the 
 members). 
 
 (<r/) If the chairman dies, retires, or becomes in- 
 capable, another must be elected only for the 
 rest of his year of office. 
 
 (f) If absent, another member to be appointed for 
 meeting. 
 
 (/; The names of" members present, as well as 
 those voting on each question, to be recorded, 
 so as to show whether each vote given was 
 for or against the question. 
 
 (£) Every question to be decided by a majority 
 of those present and voting. 
 
 (//) The chairman to have the casting vote. 
 
 (/) Proceedings not to be invalidated by vacancies, 
 or by defect in election of board, or in 
 election, selection, or qualification of any 
 members thereof 
 
 (j) Any minute of proceedings and copies of any 
 orders or resolutions if signed by the chair- 
 man, or by chairman of next meeting, to be 
 evidence, and meeting to be presumed to have 
 been duly convened and held. 
 
 (X') The annual meeting of board to be held as 
 soon as convenient after the 15th of April 
 each year. 
 
 (/) The first meeting to be held at such place and 
 on such day (not more than ten days after 
 election) as returning officer appoints (by 
 written notice to each member). Members to 
 appoint chairman for meeting and also to 
 appoint chairman for the year. 
 
 (2.) Any urban district council other than a borough 
 council, and any rural district council and board of 
 guardians may, if they think fit, appoint a vice-chairman 
 to hold office during the term of office of the chairman, 
 and the vice-chairman shall, in the absence or during 
 the inability of the chairman, have the powers and 
 authority of the chairman.
 
 155 
 
 (3.) Any rural district council shall be entitled to use A. P. 1S !)4. 
 for the purpose of their meetini^.s and proceedings the ^'akt IV, 
 board room and offices of any board of guardians for the 
 union comprisinc^ their district at all reasonable hours, 
 and if an)- question arises as to what hours are reason- 
 able it may be determined by the Local Government 
 Board. 
 
 (4.) Nothing in this section shall affect any powers of 
 the Local Government Board with respect to the pro- 
 ceedings of guardians. 
 
 Powers of Local Government Board. 
 
 (4) i\mongst powers of Local Government Board 
 with respect to proceedings of guardians may be 
 mentioned — 
 
 {a) Powers of combining unions with consent of 
 guardians and constituting joint committees 
 for execution of purposes required. 
 (d) Of dissolving unions and separating parishes 
 from them. 
 
 (c) Ordering guardians to build workhouses or to 
 
 enlarge or alter them. 
 
 (d) Approving the hiring or taking on lease of 
 
 land or buildings for term not longer than 
 
 five years. 
 (c) Giving consent to borrowing of money by 
 
 guardians in certain cases. 
 {/) Issuing orders for letting or sale of property 
 
 and for investment or application of proceeds. 
 (g) Directing guardians to appoint paid officers 
 
 and making regulations with regard to such. 
 (//) Orders with regard to keeping and auditing 
 
 of accounts. 
 
 (5.) If any district council, other than a borough 
 council, become unable to act, whether from failure to 
 elect or otherwise, the county council of the county 
 in which the district is situate may order elections 
 to be held and ma\^ ap[:)oint persons to form the district 
 council until the newh' elected members come into 
 office.
 
 guardians, 
 
 156 
 
 A.D. 1894. ^(5 •^ Nothing in this Act shall affect any powers 
 Part IV. of the Secretary of State under the Public Health 
 
 20 & 21 Vict. Supplemental Act for Aldershot, 1857, or the position of 
 
 c- 22. . , 1 , 
 
 persons nommated under those powers. 
 
 20 & 21 Vict. c. 22. 
 
 (()) This Act creates a local board for the parish 
 oi Aldershot, and provides that it shall consist of 
 twelve persons — one-third to retire annually, and 
 that the Secretary of State, under the Act, shall 
 nominate three out of the twelve, and shall fill up 
 vacancies which occur. 
 
 lilisccllaneoJts. 
 Supplemental gQ^ — [\\ jj-jg council of each county mav, from time 
 
 provisions 
 
 as to^ to time, by order, fix or alter the number of guardians 
 
 or rural district councillors to be elected for each parish 
 within their county, and for those purposes may exer- 
 cise powers of adding parishes to each other and 
 dividing parishes into wards, similar to those which by 
 the Acts relating to the relief of the poor are, for the 
 purpose of the election of guardians, vested in the Local 
 Government Board. 
 
 Powers conferred on County Council. 
 
 These are the powers which arc conferred on the 
 county council : — 
 
 (a) They may r'eclare as many parishes as they 
 think fit to be united for the purposes of the 
 Act, and to form one " union," and pre- 
 sumably may form single parishes into 
 unions where desirable, see 4 & 5 Will. IV. 
 c. 76, Sec. 39. 
 
 (b) May divide parishes into wards for election 
 of guardians, and determine number to be 
 elected for each ward, ha\ing regard to value 
 of rateable property, every such ward to be 
 considered separate parish for purposes of 
 election, unless council shall order otherwise 
 (39 & 4U Vict. c. 61, Sec. 11).
 
 107 
 
 (2 ) The council of cacli county may for the purpose ^■^- ^^'^'• 
 of regulatint^ the retirement of guardians or rural district Part IV. 
 councillors, in cases where they retire by thirds, and in 
 order that as nearly as may be one-third of the persons 
 elected as guardians for the union, and one-third of the 
 persons elected as rural district councillors for the 
 district, shall retire in each j'car, direct in which year or 
 years of each triennial period the guardians or district 
 councillors for each parish, ward, or other area in the 
 union or rural district shall retire. 
 
 Regulations as to Retiring Guardians. 
 
 The county council, in cases where one-third of 
 the guardians or district councillors retire each year, 
 may direct which particular councillors shall retire 
 in order to preserve the rotation. 
 
 (3.) Where a poor law union is situate in more than 
 one county, the power under this section of fixing or 
 altering the number of guardians or rural district 
 councillors, and of regulating the retirement of guardians 
 and of district councillors, shall be exercised by a joint 
 committee of the councils of the counties concerned, but 
 if any of those councils do not, within two months after 
 request from an}' other of them, appoint members of 
 such joint committee, the members of the committee 
 actually appointed shall act as the joint committee. 
 
 Provided that if any order under this subsection is, 
 within six weeks after the making thereof, objected to 
 by any of the county councils concerned, or by any 
 committee of any of those councils authorised in that 
 behalf, it shall be of no effect until confirmed b}- the 
 Local Government Board. 
 
 Poor Lmv Union in more tJian one County. — 
 Where this is the case, a joint committee of the 
 councils of the counties has the powers of the
 
 158 
 
 A.D. 1894. 
 
 Part IV. 
 
 Place of 
 meeting of 
 parish or 
 district 
 council or 
 board of 
 guardians. 
 
 Permissive 
 transfer to 
 urban district 
 council of 
 powers of 
 other 
 authorities. 
 
 county council in other cases. In default of 
 appointment within two months after request by 
 any council concerned, the committee elected by 
 the other or others of them has the power. 
 
 If any county council object to this order, the 
 Local Government Board must sanction it before it 
 has effect 
 
 (4.) Where under any local and personal Act guardians 
 of a poor law union are elected for districts, whether 
 called by that name or not, the provisions of this Act 
 with respect to the election of guardians shall apply as 
 if each of the districts were a parish. 
 
 Local and Personal Act. 
 
 This includes a provisional order confirmed by an 
 Act and the Act confirming the order (Sec. 75). 
 
 (5.) The board of guardians of a union elected in 
 pursuance of this Act shall, save as otherwise provided 
 by an order of the Local Government Board, made 
 on the application of those guardians, have the same 
 powers and duties under any local and personal Act 
 as the existing board of guardians. 
 
 (6.) Nothing in this Act shall alter the constitution 
 of the corporation of the guardians of the poor within 
 the city of Oxford, or the election or qualification of 
 the members thereof, except those members who are 
 elected by the ratepayers of parishes. 
 
 61. No parish meeting or meeting of a parish council, 
 or of a district council, or of a board of guardians shall 
 be held in premises licensed for the sale of intoxicating 
 liquor, except in cases where no other suitable room 
 is available for such meeting either free of charge or at 
 a reasonable cost. 
 
 See Section 4, page 31 above. 
 
 62. — (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
 
 l-<f) 
 
 resolve that tlic powers, duties, proj)ert>-, debts, and •^•I^^9'*- 
 liabilities of that authority shall be transferred to the ^'^kt l\'. 
 council as from the date specified in the resolution, 
 and upon that date the saine shall be transferred accord- 
 ingly, 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 adopti\e 
 Acts shall not be adopted for any part of an urban 
 district without the approval of the council of that 
 district. 
 
 63. — (1.) Where the powers of a district coun.cil are rrovisions as 
 
 to county 
 by virtue of a resolution under this Act transferred to a council 
 
 •1 1 r 11 ■ • • 1 11 1 acquiring 
 
 county council, the loilowing provisions shall have jiowers of 
 
 rr - , district 
 
 encct : council. 
 
 (a.) Notice of the resolution of the county council 
 by virtue of which the transfer is made shall be 
 forthwith sent to the district council and to the 
 Local Government Board : 
 
 (l>.) The expenses incurred by the county council 
 shall be a debt from the district council to the 
 county council, and shall be defra}'ed as part of the 
 expenses of the district council in the execution 
 of the Public Health Acts, and the district council 
 shall have the like power of raising the money 
 as for the defraying of those expenses : 
 
 (c). The county council for the purpose of the powers 
 transferred may on behalf of the district council 
 borrow subject to the like conditions, in the like 
 manner, and on the security of tlie like fiuid or 
 rate, as the district council miglit have borrowed for 
 the purpose of those powers : 
 
 (d) The county council may charge the said fuiul 
 or rate with the payment of the principal and 
 interest of the loan, and the loan with the interest
 
 IGO 
 
 A.D. 1894. 
 
 thereon shall be paid by the district council in 
 
 Pa rt IV . \{\-q manner, and the charge shall have the like 
 
 effect, as if the loan were lawfully raised and 
 
 charged on tliat fund or rate by the district council : 
 
 (e.) The county council shall keep separate accounts 
 
 of all receipts and expenditure in respect of the 
 
 said powers : 
 
 ■ (/.) The county council may by order vest in the 
 
 district council all or any of the powers, duties, 
 
 property, debts, and liabilities of the county council 
 
 in relation to any of the said powers, and the 
 
 property, debts, and liabilities so vested shall be 
 
 deemed to have been acquired or incurred by the 
 
 ■district council for the purpose of those powers. 
 
 Transfer of Powers from District to County 
 Council. 
 
 (1) Under Sec. 16 cf this Act above in case of 
 default by the district council to make proper pro- 
 visions in any parish for the drainage, supply of 
 water, or other purposes under the Public Health 
 Acts, or maintenance of highways, the county 
 council, on complaint by the parish council, may 
 pass a resolution transferring the powers of the 
 district council in the matter to themselves, subject 
 to the provisions herein contained. Sec. 63 (1). 
 
 Under Sec. 26 (4) the same rule applies where a 
 roadside waste has been encroached on or a public 
 right of way. obstructed. 
 (2.) Where a rural district is situate in two or more 
 counties, a parish council complaining under this Act 
 may complain to the county council of the county in 
 which the parish is situate, and if the subject matter of 
 the complaint affects any other county the complaint 
 shall be referred to a joint committee of the councils of 
 the counties concerned, and any question arising as to 
 the constitution of such joint committee shall be deter- 
 mined by the Local Government Board, and if any 
 members of the joint committee arc not appointed, the
 
 101 
 
 members who arc actually appointed shall act as the -'^•I^- i'''^^- 
 joint committee. Part IV, 
 
 Where tlie rural district is situate in more than 
 one county the complaint above referred to, under 
 Sec. 10, may be made to the county council of the 
 county where the parish is situate, and the subject- 
 matter of the same may be referred to a joint 
 committee of the county councils. 
 
 (See Sec. 57.) 
 
 64. A county council may employ a district council I'ower to 
 
 ^ y I y . . act through 
 
 as their agents in the transaction of any administrative district 
 business on matters arising in, or affecting the interests '^°""'^'^- 
 of, its own district. 
 
 65. Where any improvement commission affected by ^^^''"5 for 
 
 1 • A 1 1 • 11 harbour 
 
 this Act have any powers, duties, property, debts, or powers, 
 liabilities in respect of any harbour, the improvement 
 commission shall continue to exist and be elected for the 
 purpose thereof, and shall continue as a separate bod}-, 
 as if this Act had not passed, and the property, debts, 
 and liabilities shall be apportioned between the district 
 council for the district and the commission so continuing, 
 and the adjustment arising out of the appointment shall 
 be determined in nKuiner provided by this Act. 
 
 Harbour Commissioners. 
 
 (00) Improvement commissioners in respect of 
 any harbour continue to exist in spite of the present 
 Act. Their property, debts, and liabilities being 
 apportioned between the district council and them- 
 selves, according to the provisions for adjustment in 
 Sec. 08 below. 
 
 66. Nothing in this Act shall affect the trusteeship, Saving for 
 management, or control of any elementary school. schooi's!^'^^ 
 
 " Elcuicnfary Sc/iooT' means a school at which 
 elementary education forms the principal part of the 
 education given, and the charge is not more than 
 9d. a week from each scholar. See Sec. 75 below. 
 
 67. Where any powers and duties are transferred by 
 this Act from one authority to another authority —
 
 162 
 
 A.D. 1804. 
 
 Part IV. 
 
 Transfer of 
 property and 
 
 debts and 
 liabilities. 
 
 (1.) All property held by the first authority for the 
 purpose or by virtue of such powers and duties shall 
 pass to and vest in the other authority, subject to 
 all debts and liabilities affecting the same ; and 
 
 (2.) The latter authority shall hold the same for the 
 estate^ interest, and purposes, and subject to the 
 covenants, conditions, and restrictions for and 
 subject to which the property would have been 
 held if this Act had not passed, so far as the same 
 are not modified by or in pursuance of this Act ; 
 and 
 
 (3.) All debts and liabilities of the first authority 
 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. 
 
 Where any powers, duties, or liabilities are trans- 
 ferred from one authority to another under this Act, 
 the latter authority shall stand in precisely the same 
 position as the former. 
 
 Adjustment 
 of property 
 and 
 liabilities. 
 
 68. — (1-) Where any adjustment is required for the 
 purpose of this Act, or of any order, or thing made or 
 done under this Act, then, if the adjustment is not 
 otherwise made, the authorities interested may make 
 agreements for the purpose, and may thereby adjust 
 any property, income, debts, liabilities, and expenses, 
 so far as affected by this Act, or such scheme, order, 
 or thing, of the parties to the agreement. 
 
 (2.) The agreement may provide for the transfer or 
 retention of any property, debts, or liabilities, with or 
 without any conditions, and for the joint use of any 
 property, and for payment by either part}' to the agree-
 
 1G3 
 
 incnt in respect of propert)', debts, and liabilities so ^•^- ^^^*' 
 transferred or retained, or of such joint user, anrl in 1'akt IV. 
 respect of the salary or remuneration of an)' officer or 
 person, and that either by way of an runnial payment or, 
 except in the case of a salary or remuneration, by way 
 of a capital sum, or of a terminable annuity for a period 
 not exceeding that allowed b)- the Local Government 
 Board : Provided that where any of the authorities 
 interested is a board of guardians, any such agreement, 
 so far as it relates to the joint use of any property, shall 
 be subject to the approval of the Local Government 
 Board. 
 
 Adjustment of Property and Liabilities. 
 
 (1) and (2) The authorities interested may make an 
 agreement for the adjustment of any pro{)crty, etc., 
 affected by this Act. 
 
 The agreement may contain a provision for pay- 
 ment by one party to the other, for advantage offered 
 as mentioned in the text. 
 
 Any agreement for the joint use of any propert}-, 
 to which a board of guardians is a party, must 
 receive consent of the Local Government Board. 
 
 (3.) In default of an agreement, and as far as any such r>2 * .53 Vict 
 agreement does not extend, such adjustment sliall 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 an\- witness whom 
 he considers to have been called unnecessarily, and any 
 other costs which he considers to have been incurred 
 unnecessarily, and his award may provide for any matter 
 for which an agreement might have provided. 
 
 Arbitration Act, 1889. 
 52 & 53 Vict. c. 49. 
 
 This Act provides for ain- matter in dispute being 
 referred to arbitration, in accordance with the
 
 1C4 
 
 A.D. 1891. provisions therein contained. The parties make an 
 
 Part IV. agreement in writing to submit present or future 
 
 differences to arbitration, sometimes mentioning an 
 
 arbitrator therein ; this is called the " submission," 
 and is irrevocable, unless a condition of revocation is 
 inserted. The reference to arbitration may be made 
 by the parties themselves, without going to the 
 Court at all, or by the Court, in certain cases during 
 the hearing of a cause. The arbitrator has power 
 to take evidence on oath. 
 
 (4.) Any sum required to be paid by any authority for 
 the purpose of adjustment may be paid as part of the 
 general expenses of exercising their duties under this 
 Act, or out of such special fund as the authority, with 
 the approval of the Local Government Board, direct, and 
 if it is a capital sum the payment thereof shall be a 
 purpose for which the authority may borrow under the 
 Acts relating to such authority, on the security of all or 
 any of the funds, rates, and revenues of the authority, 
 and any such sum may be borrowed without the consent 
 of any authority, so that it be repaid within such period 
 as the Local Government Board may sanction. 
 
 (5.) Any capital sum paid to any authority for the 
 purpose of any adjustment under this Act shall be treated 
 as capital, and applied, with the sanction of the Local 
 Government Board, either in the repayment of debt or 
 for any other purpose for which capital money may be 
 applied. 
 Power to 69. Where an alteration of any area is made by this 
 
 matters ^ct, an order for any of the matters mentioned in 
 
 aUeradon of section fifty-nine of the Local Government Act, 1888, 
 boundaries. may, if it appears to the county council desirable, be 
 made by the county council, or, in the case of an area 
 situate in more than one county, by a joint committee of 
 county councils, but nothing in this section shall em- 
 power a county council or joint committee to alter 
 the boundaries of a county.
 
 1G5 
 
 Where any alteration of area is made under the A. D. 18 94. 
 provisions of this Act, the county council, or joint p.^^^ jy. 
 
 committee, as the case may be, may make an order 
 
 for any of the matters set out in Sec. 59 of the 
 Local Government Act, 1888, which is as follows : 
 
 The Local Government Act, 1888. 
 
 51 & 02 Vic. c. 41, Sec. 59 (4). 
 Any scheme or order made in pursuance of this 
 Act may, so far as may seem necessary or proper 
 for the purposes of the scheme or order, provide for 
 all or any of the following matters, that is to say 
 {a) may provide for the abolition, restriction, 
 or establishment, or extension of the juris- 
 diction of any local authority in or over any 
 part of the area affected by the scheme 
 or order, and for the adjustment or alteration 
 of the boundaries of such area and for the 
 constitution of local authorities therein, and 
 may deal with the powers and duties of any 
 council, local authorities, quarter sessions, 
 justices of the peace, coroners, sheriff, lieu- 
 tenant, custos rotiilonan, clerk of the peace, 
 and other officer therein, and with the costs 
 of any such authorities, sessions, persons, or 
 officers as aforesaid, and may determine 
 the status of any such area as a component 
 part of any larger area, and provide for 
 the election of representatives in such area, 
 and may extend to any altered area 
 provisions of any local Act which were 
 previously in force in a portion of the area, 
 and 
 {b) may make temporary provision for meeting 
 the debts and liability of the various authori- 
 ties affected by the scheme or order, for 
 the management of their property, and for 
 regulating the duties, position, and remunera- 
 tions of officers affected by the scheme or 
 order and applying 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 scheme or order, and for 
 determining questions arising from such 
 transfer, and
 
 166 
 
 A.D. 1894. 
 
 Part IV. 
 
 Summary 
 proceeding 
 for deter- 
 mination of 
 questions as 
 to transfer 
 of powers. 
 
 (d) may provide for all matters which appear 
 necessary or proper for bringing into opera- 
 tion and giving full effect to the scheme 
 or order, and 
 
 (e) may adjust any property, debts, and liabilities 
 
 affected by the scheme or order. 
 
 Area of a County. — A county council cannot alter 
 the boundary of a county. This can only be done 
 under Section 3G, Subsection 5, page 118 above, 
 where the steps to be taken are set out in the note. 
 
 70 — (1.) If any question arises, or is about to arise, 
 as to whether any power, duty, or liability is or is not 
 transferred by or under this Act to any parish council, 
 parish meeting, or district council, or any property is or 
 is not vested in the parish council, or in the chairman 
 and overseers of a rural parish, or in a district council, 
 that question, without prejudice to any other mode of 
 trying it, may, on the application of the council, meeting, 
 or other local authority concerned, be submitted for 
 decision to the High Court in such summary manner as, 
 subject to any rules of court, may be directed by the 
 Court ; and the Court, after hearing such parties and 
 taking such evidence (if any) as it thinks just, shall 
 decide the question. 
 
 Transfer of Powers. 
 
 (1) When any question arises as to what powers 
 are included in the transfer in any particular case, the 
 council, meeting, or other local authority concerned 
 may make an application summarily to the High 
 Court of Justice for the determination of the ques- 
 tions. 
 
 The rules of court are to be found in the " Annual 
 Practice," which is a digest of the procedure of the 
 Court ; but on such question arising, professional aid 
 would have to be sought. 
 
 (2.) If any question arises or is about to arise under 
 this Act as to the appointment of the trustee* or 
 beneficiaries of any charity, or as to the persons in \\\\om 
 the property of any charity is vested, such question shall, 
 at the request of any trustee, beneficiary, or other person
 
 1U7 
 
 interested, be determined in the first instance by tlie ^•^^- ^®^^- 
 Charity Commissioners, subject to an appeal to the High Part IV. 
 Court brought within three months after such deter- 
 mination. Provided that an appeal to the High Court 
 of Justice from any determination of the Charity Com- 
 missioners under this section may be presented only 
 under the same conditions as are prescribed in the case 
 of appeals to the High Court from orders made by the 
 Charity Commissioners under the Charitable Trusts 
 Acts, 1853 to 1891. 
 
 Transfer of Trusts. 
 
 (2) Questions arising on transfers of trusts, at the 
 request of the trustee or person interested, will be 
 determined by the Charity Commissioners, whose 
 office is at Whitehall, London, S.W. 
 
 If either party is dissatisfied with the decision, 
 they can appeal to the High Court of Justice within 
 three months after such determination. 
 
 The Charitable Trusts Act, 1860. 
 
 Sec. 8 in effect, provides that an appeal may be 
 made within three months of publication of an order 
 by the Charity Commissioners — 
 
 (i.) by the Attorney-General, or any one under his 
 authority, or under the authority of the 
 Charity Commissioners ; or 
 (ii.) by a trustee or acting administratorof a charity, 
 or any two inhabitants of the parish or 
 district specially affected, provided that the 
 gross }'early income of the charity shall 
 exceed £bO. 
 The appeal is to the Chancery Division of the 
 High Court of Justice, by petition in a summary 
 way appealing against such order, and praying such 
 relief as the case may require. 
 
 Where any person, other than the Attorney- 
 General, intends to appeal, he inust give twent}'-one 
 days' notice to the Charity Commissioners before 
 presenting his petition. 
 
 3.) An appeal shall, with the leave of the High
 
 168 
 
 A.D. 1894. 
 
 Part IV, 
 
 Supplemental 
 provisions as 
 to county 
 council 
 
 oriters. 
 
 Provisions 
 to local 
 inquiries. 
 
 Court or Court of Appeal, but not otherwise, lie to the 
 Court of Appeal against any decision under this section. 
 71. A copy of every order made by a county council 
 or joint committee in pursuance of this Act shall be sent 
 to the Local Government Board, and, if it alters any 
 local area or name, also to the Board of Agriculture. 
 
 The offices of the Local Government Board are at 
 Whitehall, London, S.W. The offices of the Board 
 of x-^griculture are at 4, Whitehall Place, London, 
 S.W. 
 
 as 72 — (I.) The expenses incurred by the Local Govern- 
 ment Board in respect of inquiries or other proceedings 
 under this Act shall be paid by such authorities and 
 persons and out of such funds and rates as the Board 
 may by order direct, and the Board may certify the 
 amount of the expenses so incurred, and any sum so 
 certified and directed by the Board to be paid by any 
 authority or person shall be a debt from that authority 
 or person to the Crown. 
 
 (2.) Such expenses may include the salary of any in- 
 spector or officer of the Board engaged in the inquiry or 
 proceeding, not exceeding three guineas a day. 
 
 (3.) The Local Government Board and their inspectors 
 shall have for the purposes of an inquiry in joursuance 
 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
 
 109 
 
 by the council of that parish or (Hstrict, or, in the case of •^•^^- l*^^*- 
 a parish which has not a parish council, by the parish I'^^'^' IV. 
 meeting ; but, save as aforesaid, the expenses of the 
 
 county council incurrc-d in the case of inquiries imder 
 this Act shall be j)aid out of the coiuit}- fund. 
 
 LOCAL INQUIRIES. 
 
 The Local Government Board. 
 
 (1) The Public Health Act, 1875 (38 & 39 Vict. 
 c. 65, Sees. 293-296), in conjunction with this section, 
 confers on the Local Government Board and their 
 inspectors, for the jjurposes of the inquiry, the right 
 to call and examine witnesses, to demand the pro- 
 duction of such papers and accounts as they deem 
 necessary, and inspect all places and matters they 
 may think fit. 
 
 The Local Governjnent Board may give a certifi- 
 cate of the expenses involved in the inquiry, and 
 direct any authority or person to pay the same. 
 
 The County Council. 
 
 (2) Where the county council hold a local inquiry 
 uoon application of the council of a parish or district, 
 or of any inhabitants of the same, the expense of the 
 inquiry shall be defrayed by the council of the parish 
 or district, as the case ma}' be, or if there is no 
 council, then the parish meeting. 
 
 Where the county council hold a local inquiry 
 without being so requested, the expense of the 
 inquiry shall be defrayed out of the count}- fund. 
 
 73. When the day on which an}- thing is recjuired Provisions as 
 
 to -Sundays 
 
 by or in pursuance of this Act to be done is Sunda}-, and hank 
 Christmas Day, or Good Friday, or a bank holida}-, that 
 thing shall be done on the next following da}-, not being 
 one of the days above mentioned. 
 
 74. This Act shall be deemed to be an Act touch- Provisions as 
 
 11 • 1 • 1 . r • 'o Scilly 
 
 nig local government withm the meanmg of section islaiuls. 
 
 forty-nine of the Local Go\ crnment Act, 1888, and a c, 41. 
 
 iM
 
 170 
 
 A. D. 18 9 1. provisional order for the Scilly Islands may, on the 
 
 Part IV. application of the council of the Isles of Scilly, and after 
 
 such public notice as appears to the Local Government 
 
 Board sufficient for giving information to all persons 
 
 interested, be made accordingly. 
 
 Scilly Isles. 
 
 The Local Government Board mav make a 
 provisional order applying this present Act to the 
 Scilly Isles. 
 
 Such order shall not be in force until confirmed 
 by Parliament. 
 
 75. — (1.) The definition of "parish" in section one 
 
 Construction 
 
 of Act. 
 
 :>\ & 52 Vict, hundred of the Local Government Act, 1888, shall not 
 
 c. 41. 
 
 apply to this Act, but, save as aforesaid, expressions 
 used in this Act shall, unless the context otherwise 
 requires, have the same meaning as in the said Act. 
 
 " Parish," 
 
 (1) The Interpretation Act, 18S9 (52 & 53 Vict. 
 c. 63, Sec. 5), defines a parish as " a place for which 
 a separate poor rate is or can be made, or for which 
 a separate overseer is or can be appointed." Where 
 the word " parish " is used in any Act of Parlia- 
 ment it has this meaning, unless expressly stated to 
 the contrary. 
 
 (2.) In this Act, unless the context otherwise re- 
 quires — 
 
 Any reference to population means the population 
 according to the census of one thousand eight 
 hundred and ninety-one. 
 
 The expression " parochial elector," when used with 
 reference to a parish in an urban district, or in 
 the county of London or any county borough, 
 means any person who would be a parochial elector 
 of the parish if it were a rural parish.
 
 171 
 
 The expression "election" includes both the nomina- A. D. 18 94. 
 
 tion and the poll. Part IV. 
 
 The expression " trustees " includes persons adminster- 
 
 ing or managing any charity or recreation ground, 
 
 or other property or thing in relation to which 
 
 the word is u.sed. 
 
 (2) " Parochial Electors " in every case means the 
 persons registered in such portion of the Local 
 Government Register, or of the Parliamentary 
 Register of Electors as relates to the parish. 
 
 The expression " ecclesiastical charity " includes a 
 charity, the endowment whereof is held for some 
 one or more of the following purposes : — 
 
 [a) for any spiritual purpose which is a legal 
 
 purpose ; or 
 {b) for the benefit of any spiritual person or 
 
 ecclesiastical officer as such ; or 
 [c) for use, if a building, as a church, chapel, 
 mission room, or Sunday school, or otherwise 
 by any particular church or denomination ; or 
 {d) for the maintenance, repair, or improvement 
 of any such building as aforesaid, or for the 
 maintenance of divine service therein ; or 
 {c) otherwise for the benefit of any particular 
 church or denomination, or of any members 
 thereof as such. 
 Provided that where any endowment of a charity, 
 other than a building held for any of the purposes afore- 
 said, 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 ap[)lication by any person interested, make
 
 172 
 
 A.D. 1894. s^c]-i provision for the apportionment and management 
 Part IV. of that endowment as seems to them necessary or ex- 
 pedient for giving effect to this Act. 
 
 The expression shall also include any building which 
 in the opinion of the Charity Commissioners has 
 been erected or provided within forty years before 
 the passing of this Act mainly by or at the cost 
 of members of any particular church or denomina- 
 tion. 
 
 Ecclesiastical Charity. 
 
 Charities whose endowments are for a spiritual 
 purpose may nevertheless be outside the definition 
 of " ecclesiastical charities," inasmuch as that pur- 
 pose may not be a legal purpose. 
 
 In a very recent case (1894, P.D. 22,) Chancellor 
 Espin held, that a bequest made for prayers for the 
 dead being offered would be void by the common 
 law of the realm, as superstitious. 
 
 Where a charity does not consist of a building, 
 and part of the endowment only is for spiritual pur- 
 poses, while the other part is for secular purposes, 
 the part employed for spiritual purposes will not be 
 affected by this Act. 
 
 The Charity Commissioners will, in that case, 
 on application by any person interested, apportion 
 the same accordingly. No building, which in the 
 opinion of the Charity Commissioners has been 
 erected by or mainly by or at a cost of members 
 of any particular denomination or church since 
 IVIarch, 1854, shall be affected in this Act. 
 
 The expression " affairs of the church " shall include 
 the distribution of offertories or other collections 
 made in any church. 
 
 The expression " parochial charity " means a charity 
 the benefits of which are or the separate distribu- 
 tion of the benefits of which is confined to inhabit- 
 ants of a single parish, or of a single ancient 
 ecclesiastical parish divided into two or more
 
 173 
 
 parishes, or of not more llian five neighbouring ^■^- ^^^^' 
 parishes. Part IV. 
 
 The expression " x'cstry " in relation to a parish means 
 the inhabitants of the parisli whether in vestry 
 assembled or not, and includes any select vestry 
 either by statute or at common law. 
 
 The expression " rateable value " means the rateable 
 value stated in the valuation list in force, or, if there 
 is no such list, in the last poor rate. 
 
 The expression " county " includes a county borough, 
 and the expression " county council " includes the 
 council of a county borough. 
 
 The expression " elementary school " means an ele- 
 mentary school within the meaning of the Elemen- .33 & 34 Vict 
 
 c. 75. 
 
 tary Education Act, 1870. 
 The expression " local and personal Act " includes a 
 
 Provisional Order confirmed by an Act and the Act 
 
 confirming the order. 
 The expression " prescribed " means prescribed by 
 
 order of the Local Government Board. 
 
 76. This Act shall not extend to Scotland or Ireland. Extent of 
 
 Act. 
 
 77. This Act may be cited as the Local Government si^o^f tif]g_ 
 
 Act, 1894. 
 
 TRANSITORY PROVISIONS. 
 78. — (1.) The overseers of each rural parish shall First cloenons 
 
 to parish 
 
 convene the first parish meeting of the parish at the time councils. 
 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
 
 174 
 
 A.D. 1S94. shall be deemed to be the overseers of every part of the 
 Part V. parish. 
 
 (2.) The chairman of the parish meeting at which the 
 
 first parish councillors are nominated, or in his default 
 the clerk of the guardians, shall convene the first meet- 
 ing of the parish council. 
 
 (3.) The first parish councillors and the first chairman 
 of a parish meeting elected under this Act shall retire on 
 the second ordinary day of coming into office of coun- 
 cillors which happens after their election. 
 
 The overseers of the parish are to convene the 
 first parish meeting for the 8th day of November, 
 1894 (see Sec. 84). 
 
 As to the rules for parish meetings, see Sched. 1, 
 part 1. 
 
 The election of the first parish councillors and the 
 first chairman of a parish meeting, shall take place 
 at this first parish meeting, and the persons elected 
 shall hold office until the 15th of April, 1896 (Sec. 3). 
 
 First elections 79. — .(1.) The existing boards of guardians and urban 
 
 aLfdistdcT and rural sanitary authorities shall take the necessary 
 
 councils. measures for the conduct of the first elections of 
 
 guardians and district councillors respectively under this 
 
 Act, including any appointment of returning officers 
 
 required by rules under this Act. 
 
 (2.) Where a parish is divided by this Act into two or 
 more new parishes, then, subject to any order made by 
 the county council, there shall be one guardian, and if it 
 is in a rural district, one district councillor for each of 
 such new parishes. 
 
 Divided Parishes. 
 
 A parish may be divided by this Act 
 
 (c7) when it is partly within and partly without a 
 
 rural sanitary district, page 25 above ; 
 (I?) when it is in more than one urban district. 
 
 (3.) Of the guardians and urban and rural district 
 councillors first elected under this Act, save as herein- 
 after mentioned, one-third as nearly as may be shall 
 continue in office until the fifteenth day of April, one 
 thousand eight hundred and ninety-six, and shall then
 
 175 
 
 retire ; and one-third as nearly as ina>- be sliall continue A.D^1894. 
 in office until the fifteenth day of April, one thousand Pakt^V. 
 ei^ht hundred and ninety-seven, and shall then retire; 
 and the remainder shall continue in ()fC\cc until the 
 fifteenth day of April, one thousand eight hundred and 
 ninety-eiL;ht, and shall then retire. 
 
 (4.) The guardians and rural district councillors to 
 retire respectively on the fifteenth day of April, one 
 thousand eight hundred and ninety-six and on the 
 fifteenth day of April, one thousand eight hundred and 
 ninety-seven shall be the guardians and rural district 
 councillors for such parishes, wards, or other areas, as 
 may be determined by the county council for the purpose 
 of the rotation. 
 
 First Elections of Guardians and District 
 Councils. 
 
 The existing boards of guardians and urban and 
 rural sanitary authorities must take necessary steps 
 for the conduct of the first elections of guardians 
 and district councillors. 
 
 One-third of those elected shall retire on April 
 15th, 18il() ; 
 
 One-third of those elected shall retire on April 
 15th, 18!)7 ; 
 
 One-third of those elected shall retire on April 
 loth, 1898 ; except where the county council 
 provide under Sec. 20 for their simultaneous retire- 
 ment together at the end of every three years : in 
 that case tho.se first elected shall retire on the 15th 
 of April, 18!H. 
 
 Where one-tliird of the guardians and rural 
 district councillors netirc annual!}', the count}- council 
 shall decide which councillors shall form the first 
 third whO' retire on April 15th, 18UG, and so on for 
 the i)urpose of rotation. 
 
 In the case of urban district councillors, the third 
 who are to retire respectively on the 15th of April, 
 1896 and 1897, shall be determined according to 
 their place on the poll at the election, those lowest 
 retiring first.
 
 176 
 
 A. P. 1 8 04. ^Ij existing guardians, urban and district sanitary 
 
 Part V. authorities and overseers, shall continue to hold 
 
 office until their successors are appointed and come 
 
 into office. 
 
 (5.) Where guardians or-rural district councillors retire 
 together at the end of the triennial period, the guardians 
 and district councillors first elected under this Act shall 
 retire on the fifteenth day of April one thousand eight 
 hundred and ninety-eight. 
 
 (6.) Of the first urban district councillors elected under 
 this Act, the third who are respectively to retire on the 
 fifteenth day of x'\pril 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 between two or 
 more councillors, the matter shall be determined by 
 ballot conducted under the direction of the council. 
 
 (7.) In the case. of a:n. urban district divided into wards, 
 tlie 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, but until that day 
 the persons who are at the passing of this Act guardians 
 and members of urban sanitary authorities (for urban 
 districts not being boroughs) and of highway boards shall 
 continue in office notwithstanding any want of qualifi- 
 cation, 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.
 
 17 
 
 A.I). 1«94. 
 
 (9.) The first meeting of each di.strict council elected 
 under this Act shall be convened by the returning officer. Part v. 
 
 (10.) The foregoing provisions shall apply to the 
 existing members aiifl first members elected under this 
 Act of the local board of Woolwich and of any vestry 
 under the Metropolis Management Acts, 1855 to I'^OO, 
 and any Act amending the same, and to the existing and 
 first auditors elected under those Acts in like manner as 
 if they were members of urban sanitary authorities or 
 urban district councillors, as the case may require, except 
 that the date of the annual election shall be substituted 
 for the fifteenth day of April. 
 
 (11.) The overseers of any parish divided by this Act 
 
 shall, until the first appointment of overseers next after 
 
 the appointed day, continue in office as if they were 
 
 overseers of each part of the said parish, which by reason 
 
 of such division becomes a separate parish. 
 
 80. — (1.) If any difficulty arises with respect to the Power of 
 
 county 
 holding of the first parish meeting of a rural parish, council to 
 
 . remove 
 
 or to the first election of parish or district councillors, or diftkulties. 
 
 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 heJd or an election being defective or 
 
 otherwise, the first parish or district council, or board of 
 
 guardians, or local board or vestry has not been properly 
 
 constituted, or there are no auditors under the Metropolis 
 
 Management Acts, 1855 to 1890, or an insufficient 
 
 number, properly elected, tlve count)' council may by 
 
 order make any appointment or do an}' thing which 
 
 appears to them necessary or expedient for the proper 
 
 holding of any 5ucli first meeting or election and properly
 
 178 
 
 A.D^yi. constituting the parish or district council, board of 
 P art V . guardians, local board, or vestry, or auditors, and may, 
 if it appears to them necessary, direct the holding of a 
 meeting or election, and fix the dates for any such 
 meeting or election, but a parish shall, notwithstanding 
 any such failure to constitute the parish council, be 
 deemed to be a parish having a parish council within the 
 meaning of this Act. Any such order may modify the 
 provisions of this Act, and the enactments ajjjplied by or 
 rules framed under this Act so far as may appear to the 
 county council necessary or expedient for carrying the 
 order into effect. 
 
 (1) Where any difficulty occurs as to the election 
 of any parish or district council or board of 
 guardians, or the holding of the first parish meeting 
 or the first meeting of tlie parish or district council, 
 the county council may, by order, make any 
 appointment, or do anything necessary for the 
 proper holding and constitution of the same. 
 
 (2.) The Local Government Board shall make regula- 
 tions for expediting and simplifying the procedure under 
 section fifty-seven of the Local Government Act, 1888, 
 in all cases in the year one thousand eight hundred and 
 ninety-four, for the purpose of bringing this Act into 
 immediate operation, and such regulations may dispense 
 with the final approval of an order by the county council 
 in cases where the prescribed notice of the proposed 
 order has been given before it is made by the county 
 council. 
 
 (2) The Local Government Board* is to make 
 regulations for simplifying the procedure as to the 
 arrangement of areas and boundaries under Sec. 57 
 of the Local Government Act, 1888, and under Sees. 
 36-42 of this present Act The procedure is to 
 be simplified during the year 1894, in all cases, in 
 order to enable the alterations to be carried into 
 effect with the greatest expedition. 
 
 * See Appendix.
 
 179 
 
 81. — (1.) Where the powers and duties of any authority '^•^- '^^•*- 
 
 other tlian justices are transferred by this Act to any Part V. 
 
 parish or ch'strict council, the officers of that authority Existing 
 
 shall become the officers of that council, and for the 
 
 purjjoses of this section the body appointing a surveyor 
 
 of highways shall be deemed to be a highway authority 
 
 and any paid surveyor to be an officer of that body. 
 
 (2.) Where there is in a rural parish an existing vestry 13 & 14 Vict. 
 
 c. 57. 
 
 clerk appointed under the Vestries Act, 1850, he shall 
 become the clerk of the parish council, and if there is 
 also an assistant overseer in the parish, then, notwith- 
 standing the foregoing provisions of this Act, that assist- 
 ant overseer shall not, while such vestry clerk holds 
 office, be the clerk of the parish council. 
 
 Vestry Clerk. 
 
 (2) In parishes which ha\e a population exceeding 
 two thousand, the Local Government Board may 
 make an order for appointment of a vestry clerk, 
 and the vestry meeting then, in that case, appoints 
 some fit person to that office. 16 14 Vict. c. 07, 
 Sec. (). 
 
 Where such vestry clerk has already been ap- 
 pointed, he shall be clerk to 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 mentioned shall hold 
 his office by the same tenure and upon the same terms 
 and conditions as heretofore, and while performing the 
 same duties shall receive not less salary or remuneration 
 than heretofore. 
 
 (5.) Where a parish or rural sanitar}' district is divided
 
 180 
 
 A. D. 18 04. |3y ^]^jg ^^j-^ ^j-jy officcr f o f tHc parish or district so 
 Part V. 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. 
 
 Rateable Value. 
 
 (5) This means the rateable value stated in the 
 valuation list in force, or if there is no such list, in 
 the last poor rate (Sec. 75). 
 
 (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. 
 
 (6) The powers of the board of guardians to 
 appoint assistant overseers are to cease from the 
 ■eighth day of November next. (Sec. 84.) 
 
 Those at present existing will continue in office 
 until the appointment of their successors, which 
 appointment now vests in the parish council. (Sec. 
 5 above.) 
 
 51 & 52 Vic. (7.) Section one hundred and twenty of the Local 
 
 c. 41. 
 
 Government Act, 1888, which relates to compensation to 
 existing officers, shall apply in the case of existing 
 officers affected by this Act, whether officers above in 
 this section mentioned or not, as if references in that 
 section to the county council were references to the 
 parish council, or the district council, or board of 
 guardians or other authority whose officer the person 
 affected is when the claim for compensation arises as the 
 case may require. Provided that all expenses incurred 
 by a district council in pursuance of this section shall be 
 paid as general expenses of the council, and any expenses 
 incurred by a board of guardians in pursuance of this
 
 181 
 
 section shall be ]).-ii(l out of their common fund, and any A. P. 1894. 
 expenses incurred by any other authority in pursuance Part V. 
 of this section shall be paid out of the fund api)licable to 
 payment of the salary of the offices affected. 
 
 Compensation to Existing Officers. 
 
 Any existing; officer, who, in consequence of this 
 Act, shall suffer any direct pecuniary loss by aboli- 
 tion of office, or by diminution or loss of fees or 
 salary, shall be entitled to have compensation paid 
 to him for such pecuniary loss, as the case may be, 
 either by the district council out of general expenses, 
 or by a board of guardians out of their common 
 fund, or by any other authority out of the fund 
 which supj)lied the salary. 
 
 The provisions as to claiming compensation in 
 these cases are contained in Sec. 120 of the Local 
 Government Act, 1888, here set out. 
 
 N.B. — Any reference to the county council in the 
 section should be taken as equally referring to the 
 district or parish council, board of guardians, or other 
 authority above alluded to. 
 
 The Local Government Act, 1888. 
 
 51 & 52 Vict. c. 41, Sec. 120. 
 
 (1) Every existing officer declared by this Act 
 to be entitled to compensation and e\'ery other 
 existing officer, whether before mentioned in this 
 Act or not, who b}- \irtue of this Act or anything 
 done in pursuance of or in consequence of this Act 
 suffers any direct pecuniary loss by abolition of 
 office or by diminution or loss of fees or salary, 
 shall be entitled to have compensation paid to him 
 for such pecuniary loss by the county council, to 
 whom the powers of the authority whose officer he 
 was are transferred under this Act, regard being had 
 to the conditions on which his appointment was 
 made, to the nature of his office or employment, to 
 the duration of his service, to an}' additional emolu- 
 ments w hich he accjuires by virtue of this Act, or of 
 anything done in pursuance of or in consequence of 
 this Act, and to the ciiiolunicnts which he might 
 have acquired if he had not refused to accept 
 any office offered by an\- council or other body
 
 182 
 
 A.D. 1894. acting under this Act, and to all the other ch'cum- 
 
 Part V. stances of the case, and the compensation 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 ofiRce. 
 
 (2) Every person who is entitled to compensa- 
 tion 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 
 predecessors in office in every year during the 
 period of five years next before the passing of this 
 Act, on account of the emoluments for which he 
 claims compensations, distinguishing the offices in 
 respect of which the same have been received 
 and accompanied by a statutory Declaration Act, 
 1835, that the same is a true statement according to 
 the best of his knowledge, information, and belief 
 
 (o) Such statement shall be submitted to the 
 county council, who shall forthwith take the same 
 into consideration and assess the just amount of 
 compensation (if any) and shall forthwith inform 
 the claimant of their decision. 
 
 (4) If a claimant is aggrieved by the refusal 
 of the county council to grant any compensation 
 or by the amount of compensation assessed, or 
 if not less than one-third of the members of such 
 council subscribe a protest against the amount of 
 the compensation as being excessive, the claimant 
 or any subscriber to such protest (as the case may 
 be) may within three months after the decision of 
 the council appeal to the Treasury, who shall con- 
 sider the case and determine whether any com- 
 pensation, and if so, what amount ought to be 
 granted to the claimant, and such determination 
 shall be final. 
 
 (o) 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 ad- 
 minister, all c^ucstions 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 under his con- 
 trol relating to such claim. 
 
 (6) The sum payable as compensation to any 
 person in pursuance of this section shall commence 
 to be payable at the date fixed by the council on
 
 183 
 
 grantlncf the compensation, or in the case of appeal ^^- '^^^• 
 by the Trcasur\-, and sliall be a specialty debt due [',^i^v 
 
 to him from the county council, and may be en- - 
 
 forced accordinL,dy in like manner as if the council 
 had entered into a bond to pay the same. 
 
 (7) If a person receiving compensation in pur- 
 suance of this section is appointed to any office 
 under the same or other county council, or by 
 virtue of this /Vet or anything done in pursuance of 
 or in consequence of this Act receives any increase 
 of emoluments of the office held by him, he 
 shall not while receiving the emoluments of that 
 office receive any greater amount of his compensa- 
 tion (if any) than with the emoluments of the said 
 office is equal to the emoluments for which com- 
 pensation was granted to him, and if the emolu- 
 ments of the office he holds are equal to or greater 
 than the emoluments for which compensation was 
 granted, his compensation shall be suspended while 
 he holds office. 
 
 (8.) All expenses incurred by a county council in 
 pursuance of this section shall be paid out of the 
 county fund as a payment for general county 
 purposes. 
 
 82. — (1.) \Micrc before the appointed day the high- Provision as 
 
 to lii^hways. 
 
 way 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 repair- 
 ing the same become a charge upon the district, and 
 failing such highways being placed in proper repair to 
 the satisfaction of the district council, the district council 
 may themselves place the highways in proper repair, and 
 the expense incurred by them of placing those highways 
 in proper repair shall be a separate charge on the parish 
 or area, and any question which arises as to whether 
 any such expenses are properly a separate charge on 
 the parish or area shall be determined by the county 
 council.
 
 181 
 
 A.D. 1894. 
 
 PAIJT V. 
 
 Highways. 
 
 Where at the appointed day (see Sec. 84) any 
 particular parish or area, and not the district, is liable 
 for expenses incurred in maintaining, etc., highways, 
 tlie district council may before taking over the same 
 and making the repairs chargeable to the district, 
 insist on them being put in proper repair, and charge 
 the expenses incurred on the parish or area. The 
 county council shall decide whether such expenses 
 are properly a separate charge on the area or 
 district. 
 
 (2.) Where in pursuance of an order of a county 
 council a parish continues to maintain its own highways 
 after the appointed day, the highway expenses shall not 
 be deemed to be expenses of the parish council or of the 
 parish meeting within the meaning of this Act. 
 
 Parish Maintaining its Highways. 
 
 By Sec. 11 above, a parish council is restricted 
 from expending in any local financial year more 
 than a sum equal to a rate of sixpence in the pound 
 on the rateable value of the parish. In regard to 
 this limit, expenses incurred by a parish in main- 
 taining its own highways are not to be considered 
 
 s expenses of a parish council or meeting as the 
 
 ase may be. 
 
 Duty of 
 county 
 council to 
 liring Act 
 into opera- 
 tion. 
 
 Appointed 
 day. 
 
 83. It shall be the duty of every county council to 
 exercise all such of their powers as may be requisite for 
 bringing this Act into full operation within their county 
 as soon as may be after the passing thereof, and a county 
 council may delegate their powers under this Act to a 
 committee. 
 
 84. — (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 ninet}--four as the 
 Local Government Board may fix.
 
 185 
 
 (2.) The persons elected sliall come into office on the ^•^- ^^^^• 
 second Tluirsday next after their election, or such other Part V. 
 day not more tlian seven days earUer or later as may be " 
 
 fixed by or in pursuance of the rules made under this 
 Act in relation to their election. 
 
 (3.) Every division into wards or alteration of the 
 boundaries of any parish or union or district which is to 
 affect the first election shall, if it affects the parishes or 
 parts for which the registers of parochial electors will be 
 made, be made so far as practicable before the first day 
 of July next after the passing of this Act, and any such 
 division or alteration which after the appointed day may 
 be made on application by the parish council or any 
 parochial electors of any parish, may be made before the 
 appointed day on application by the vestry or a like 
 number of the ratepayers of the parish. 
 Provided that — 
 
 (ct) If any county council having any such division or 
 alteration under consideration so direct, the lists 
 of voters shall be framed in parts corresponding 
 with such division or alteration so that the parts 
 may serve either for the unaltered parish, union, or 
 district, or for the same when divided or altered. 
 
 Appointed Day. 
 
 Dates. First elections, 8th November, 1894, or 
 such later day in Ib^'Ji: as the Local Government* 
 Board may fix. 
 
 Councils to come into office 20nd November, 
 1894, unless another day is fixed by the Local 
 Government I^oard. 
 
 The register of parochial electors will not be com- 
 pleted until the end of November, so that the elec- 
 tions cannot be held until December. 
 
 Divisions into wards and alterations of boundaries 
 by the 1st of July, 1804, if practicable. 
 
 (d) 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
 
 186 
 
 A. p. 18 94. council shall make such adjustment of the registers 
 
 Part V. of parochial electors as the division or alteration 
 
 may render necessary for enabling every parochial 
 
 elector to vote at the first election in the ward, 
 
 union, or district in which his qualification is situate, 
 
 and in that case the said division or alteration shall 
 
 be observed in the case of that election. 
 
 (4.) Subject as in this Act mentioned, " the appointed 
 
 day" shall, 
 
 (a) for the purpose of elections and of parish meetings 
 in parishes not having a parish council, be the day 
 or respective days fixed for the first elections under 
 this Act, or such prior day as may be necessary for 
 the purpose of giving notices or doing other acts 
 preliminary to such elections ; and 
 (J?) for the purpose of the powers, duties, and liabilities 
 of councils or other bodies elected under this Act, or 
 other matters not specifically mentioned, be the day 
 on which the members of such councils or other 
 bodies first elected under this Act come into office ; 
 and 
 {c) for the purpose of powers, duties, and liabilities 
 transferred to a council of a borough by this Act, be 
 the first day of November next after the passing of 
 this Act ; 
 and the lists and registers of parochial electors shall be 
 made out in such parts as may be necessary for the 
 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 tt. 
 highwa}'s 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
 
 187 
 
 may be necessary for holding elections of highway boards A. D. 18 04. 
 during the interval before the appointed day. I'^^xr V. 
 
 Councils and other Bodies elected. 
 
 (4) Under this Act take over the liabilities, etc., 
 from the day of coming into office. 
 
 A Boroug/i,\.o which powers, etc., have been trans- 
 ferred, acquires them from the 1st of November, 
 1894. 
 
 85. — (1.) Every rate and precept for contributions Current 
 made before the appointed day may be assessed, levied, 
 and collected, and proceedings for the enforcement 
 thereof taken, in like manner as. nearly as maybe, as if 
 this Act had not passed. 
 
 (2.) The accounts of all receipts and. expenditure before 
 the appointed day shall be audited, and disallowances, 
 surcharges, and penalties recovered and enforced; and 
 other consequential proceedings had, in like manner as. 
 nearly as may be as if this Act had not passed, but. as 
 soon as practicable after the appointed day ; and every 
 authority, committee, or officer whose duty it is to make- 
 up any accounts, or to account for any portion, of the- 
 receipts or expenditure in any account, shall^ until the 
 autlit is completed, be deemed for the purpo.se 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 ma)' be amended 
 in such manner as may appear necessary or proper in 
 order to bring it into conformit}' with the provisions of 
 this Act 
 
 (4.) Every valuation list made for a parish divided by
 
 188 
 
 * • this Act shall continue in force until a new valuation 
 
 PartV. list is made. 
 
 (5.) The change of name of an urban sanitary authority 
 shall not affect their identity as a corporate body or 
 derogate from their powers, and any enactment in any 
 Act, whether public general or local and personal, 
 referring to the members of such authority shall, unless 
 inconsistent with this Act, continue to refer to the 
 members of such authority under its new name. 
 
 Current Rates, etc. 
 
 All proceedings commenced, or rates or valuation 
 lists made before the appointed day, shall be in the 
 same position as if this Act had not been passed. 
 
 The accounts of all receipts and expenditure 
 before the appointed day, shall be audited in like 
 manner, as nearly as possible, as if this Act had not 
 been passed. 
 
 86. — (1.) Nothing in this Act shall prejudicially 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 ])owers or in relation to any property transferred 
 from them to a council or parish meeting shall be dis- 
 charged, paid, and satisfied by that council or parish 
 meeting, and where for that purpose it is necessary 
 to continue the lev}/ of any rate or the exercise of any 
 power which would have existed but for this Act, thai" 
 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
 
 189 
 
 powers, duties, and liabilities are transferrerl by this Act ^■^- ^'^''^• 
 to liquidate so far as practicable before the appointed I'akt V. 
 day, all current debts and liabilities incurred by such 
 authority. 
 
 87. All such byelaws, orders, and regulations of any Saving for 
 
 existing 
 
 authority, whose powers and duties are transferred by byelaws. 
 this Act to any council, as are in force at the time of 
 the transfer, shall, so far as they relate to or are in 
 pursuance of the powers and duties transferred, con- 
 tinue in force as if made by that council, and may 
 be revoked or altered accordingly. 
 
 88. — (1.) If at the time when, any powers, . duties. Saving for 
 
 . 1 1 • ^ r pending 
 
 liabilities, debts, or property are by this Act transferred contracts, etc. 
 to a council or parish meeting, any action or proceeding, 
 or any cause of action or ])roceeding is pending or 
 existing by or against any authority in relation thereto 
 the same shall not be in anywise prejudicially affected 
 by the passing of this Act, but may be continued, 
 prosecuted, and enforced by or against the council or 
 parish meeting as successors of the said authority in 
 like manner as if this Act had not been passed. 
 
 (2.) All contracts, deeds, bonds, agreements, and 
 other instruments subsisting at the time of the transfer 
 in this section mentioned, and affecting an\' (jf such 
 powers, duties, lial)ilities, , debts, or property, shall be 
 of as full force and. effect against or in fivour of the 
 council or parish meeting, and may be enforced as full}' 
 and effectually as if, instead of the authority, the council 
 or parish meeting had been a party thereto. 
 
 89. The Acts specified in the Second Schedule to Repeal, 
 this Act are hereby repealed as from the appointed day 
 to the extent in the third column of that schedule 
 mentioned, and so miuch of an)- iXct, whether public 
 general or local and personal, as is inconsistent with
 
 100 
 
 A.D. 1894. ^|-jjg ^(,|. jg ^igo hereby repealed. Provided that where 
 Varv V. 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.
 
 SCHEDTJIjE s. 
 
 A.D. 1894. 
 
 FIRST SCHEDULE. 
 
 RULES AS TO PARISH MEETINGS, PARISH 
 COUNCILS, AND COMMITTEES. 
 
 Part One. 
 
 Rules applicable to Parish Meetitigs, Sec. 2. 
 
 (1.) The annual assembly of the parish meeting shall be held on the 
 twenty-fifth day of March in each year, or within seven days before or after 
 that day. 
 
 (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 dissolution of a parish 
 council, or the grouping of a parish, or the adoption of any of the adoptive 
 Acts, not less than fourteen days' notice shall be given. 
 
 (4.) A parish meeting may discuss parish affairs and pass resolutions 
 thereon. 
 
 (5 ) Every question to be decided by a parish meeting shall, in the first 
 instance, be decided by the majority of those present and voting on the 
 question, and the chairman shall announce his decision as to the result, and 
 that decision shall lie final, unless a poll is demanded. 
 
 (i).) A poll may be demanded at any time before the conclusion of a 
 parish meeting. 
 
 (7.) A ix)ll may be demanded by any one parochial elector in the case of 
 a resolution respecting any of the following matters, namely : — 
 
 (a.) Any application, representation, or complaint to a county council 
 
 or district council ; 
 (/^) The appointment of a chairman for the year or of a committee, or 
 the delegation of any powers or duties to a committee, or tne 
 approval of the acts of a committee ;
 
 192 
 
 A.D. 1S94. (r.) The appoinlment of an overseer, the appointment or revocation of 
 
 the appointment or dismissal of an assistant overseer or a parish 
 officer ; 
 {d.) The appointment of trustees or beneficiaries of a charity ; 
 {e.) The adoption of any of the Adoptive acts ; 
 (/.) The formation or dissolution of a school board ; 
 (g.) The consent or refusal of consent to any act, matter, or thing 
 
 which cannot by law be done without that consent ; 
 {/i.) The incurring of any expense or liability ; 
 {?'.) The place and time for the assembly of the parish meeting ; 
 (/•.) Any other prescribed matter ; 
 but, save as aforesaid, a poll shall not be taken unless either the chairman 
 of the meeting assents, or the poll is demanded by parochial electors present 
 at the meeting, not being less than five in number or one-third of those 
 present, whichever number is least. 
 
 (8. ) In case of an equal division of votes at a parish meeting the chair- 
 man shall have a second or casting vote. 
 
 (9.) Where a jDarish meeting is held for the election of parish councillors, 
 opportunity shall be given at the meeting for putting questions to such of 
 the candidates as are present, and receiving explanations from them, and 
 any candidate shall be entitled to attend the meeting and speak thereat, 
 but, unless he is a parochial elector, not to vote 
 
 (10.) If the chairman of the parish meeting is absent from or unwilling or 
 unable to take the chair at any assembly of the parish meeting, the meeting 
 may appoint a person to take the chair, and that person shall have, for the 
 purpose of that meeting, the powers and authority of the chairman. 
 
 (11.) Any notice required to be given to or served on a parish meeting 
 may be given to or served on the chairman of the parish meeting. 
 
 Part Two. 
 (^c. 3. Rides 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 office, and if he does not sign such a declara- 
 tion his office shall be void. 
 
 (2.) If any casual vacancy arises in the council, the council shall forth- 
 with be convened for filling the vacancy. 
 
 (■•!.) 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 
 nor. within seven days after such presentation, convene a meeting, any two 
 members of the council may, on tne expiration of those seven days, convene 
 a meeting.
 
 193 
 
 (■■).) Three clear days at least before any meeting of a parish council A.D. 1^94 
 notice thereof, specifying the lime and place of the intended meeting and 
 the business to be transacted at the meeting, and signed by or on behalf of 
 the chairman of the parish council or persons convening the meeting, shall 
 be given to every member of the parish council, and in case of the annual 
 meeting notice specifying the like particulars shall be given to every member 
 of the parish council ininiediately aflcr his election. 
 
 (*I.) Any notice rtcjuircd by law to be given to the chairman or any other 
 member of the parish council may ])e loft at or sent by post to the usual 
 place of abode of such chairman or member. 
 
 (7.) No business shall be transacted at any meeting of a parish council 
 unless at least one-third of the full number of members are present thereat, 
 subject to this (qualification, that in no case shall the quorum be less than 
 three. 
 
 (S.) The names of the members present at any meeting of the parish 
 council, as well as of those voting on each question on which a division is 
 taken, shall be recorded, so as to show whether each vote gjven 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. 
 
 (In.) In case of an equal division of votes the chairman of the meeting 
 s'.iall 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 inaljility of the chairman, have the powers and authority of the 
 chairman. 
 
 (12.) The proceedings of a parish council shall not be invalidated by any 
 vacancy among their members, or by any defect in the election or qualifica- 
 tion of any members thereof. 
 
 (13.) A parish council shall hold not less than four meetings in each, 
 year, of which one shall be the annual meeting, and every such meeting.shall 
 be open to the public unless the council otherwise direct. 
 
 (14.) livery checiue or other order for payment of money by a parish, 
 council shall lie signed by two members of the council. 
 
 (!.').) Any notice required to be given to or served on. a parish council 
 may be given to on served on the clerk to the parish council. 
 
 (16.) The parish council may appear before any court or in any legal, 
 proceeding by their clerk or by any officer or member authorised generally 
 or in respect of any special proceeding by resolution of the council, and their 
 clerk or any member or officer shall, if so authorised, be at liberty to insti- 
 tute and carry on any proceeding which the p.irish council are authorised 
 to institute and carry on. 
 
 Part Three. 
 
 General. Sees. •-% 3. 
 
 (1.) Minutes of the proceedings of every parish council and parish 
 meeting shall be kept in a book provided for that purpose.
 
 194 
 
 A.D. 1894. (2.) A minute of proceedings at a meeting of a parish council, or of a 
 committee of a parish or district council, or at a parish meeting, signed 
 at the same or the next ensuing meeting by a person describing himself 
 as or appearing to be chairman of the meeting at which the minute ia 
 signed, shall be received in evidence without further proof. 
 
 (3.) Until the contrary is proved, every meeting in respect of the pro- 
 ceedings whereof a minute has been so made shall be deemed to have been 
 duly convened and held, and all the members of the meeting shall be 
 deemed to have been duly qualified ; and where the proceedings are pro- 
 ceedings 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 meeting shall, until the contrary is proved, be deemed 
 to have been duly so executed. 
 
 (5.) Subject to the provisions of this Act, a parish council may make, 
 vary, and revoke standing orders for the regulation of their proceedings and 
 business, and of the proceedings and business at parish meetings for a rural 
 parish having a parish council. 
 
 (6.) Where there is no council for a rural parish, the parish meeting may, 
 subject to the provisions of this Act, regulate their own proceedings and 
 business. 
 
 Part Four. 
 Sec. 56. Proceedmgs 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, and the area (if any) within 
 which the committee are to exercise their authority, shall be such as may 
 be determined by regulations of the council or councils appointing the 
 committee. 
 
 (2. ) Subject to such regulations, the quorum, proceedings, and place of 
 meeting, whether within or without the parish or district, shall be such as 
 the committee direct, and the chairman at any meeting of the committee 
 shall have a second or castins: vote.
 
 SECOND SCHEDULE. 
 
 A.D. 1K94. 
 
 ENAClMExNTS REPEALED. 
 
 Sec. 89. 
 
 Session & Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 54 (ieo. 3. c. Dl. 
 
 68 Geo. 3. c. 69. 
 
 59 Geo. 3. c. 85. 
 
 1 & 2 Will. 4. 
 c. t)0. 
 
 4 & 5 Will. 4. 
 c. 76. 
 
 An Act to amend so 
 much of an Act 
 passed in the forty- 
 third year of Her 
 late Majesty Queen 
 Elizabeth, as con- 
 cerns the time for 
 appointing over- 
 seers of the poor. 
 
 The Vestries Act, 
 181S. 
 
 The Vestries Act, 
 1819. 
 
 Tiie Vestries Act, 
 1831. 
 
 The Poor Law 
 Amendment Act, 
 ISM, 
 
 The whole Act so far as it relates 
 to rural parishes. 
 
 Sections one, two, three, and 
 four, so far as they relate 
 to parish meetings and 
 parish councils under this 
 Act 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act. 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act, except section 
 thirty-nine. 
 
 In section thirty-eight, the words 
 "and the said guartlians shall 
 "be elected by the ratepayers 
 "and by such owners of prop- 
 " erty in the parishes forming 
 " such union as shall in manner 
 "hereinafter mentioned re- 
 "cjuire to have their names 
 " entered as entitled to vote as 
 "owners in Llie books of such 
 " parishes respectively" ; and 
 from "and also fix aqualifica- 
 "lion" to "for the ensuing 
 "year shall be chosen" ; and 
 from "and every justice of the 
 " peace " to "as such elected 
 "guardians"; and from 
 "Provided also" to the end 
 of the section. 
 
 Section thirty-nine, from "and 
 every justice" to the end of 
 the section. 
 
 In section forty, the words " In 
 " all cases of the election of 
 " guajdians ujider this Act or." 
 
 Section forty-one. 
 
 Section forty-eight from " Pro- 
 vided always" to the end of 
 the section, so far as the words 
 repealed relate to the oHice of 
 parish or district councillor or 
 guardia-u.
 
 IDt) 
 
 AD. 1894. 
 
 Session & Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 5 & 6 Will. 4. 
 c. iJO. 
 
 7 Will. 4. & 1 
 Vict. c. 45. 
 
 The Highway Act, 
 1835. 
 
 The Ptiiish Notices 
 Act, lb37. 
 
 5 & 6 Vict. c. 57. The Poor Lav/ 
 Amendment Act, 
 1842. 
 
 7 & 8 Vict. G. 
 101. 
 
 13 & 14 Vict. c. 
 57. 
 
 1.4 & 15 Vict. c. 
 105. 
 
 J6 & 17 Vict. c. 
 65. 
 
 IS & 19 Vict. c. 
 120. 
 
 The Poor Law 
 
 Amendment Act, 
 1844. 
 
 The Vestries Act, 
 1850. 
 
 The Poor Law 
 Amendment Act, 
 1851. 
 
 The Vestries Act,, 
 1853. 
 
 The Metropolis Man- 
 areraent Act, 1855 
 
 19 & 20 Vict. c. 
 112. 
 
 23 & 24 Vict. c. 
 30. 
 
 25 & 26 Vict. 
 102. 
 
 c. 
 
 The Metropolis IMan- 
 agement Amend- 
 ment Act, 185(3. 
 
 The Public Improve- 
 ments Act, 18G0. 
 
 The Metropolis Man- 
 agement Amend- 
 Act, 18G2. 
 
 In section forty-eight, the words 
 "with the consent in writing 
 "of the justices of the peace 
 " at a special sessions for the 
 "highways" and the words 
 " at and for such price as the 
 "said justices may deem fair 
 "and reasonable." 
 
 Section three, so far as it relates 
 to notices by parish councils 
 and notices of parish meetings 
 under this Act. 
 
 Section eight, section eleven, 
 from "and in every case," to 
 the end of the section, and 
 section fifteen. 
 
 Sections seventeen, twenty, and 
 twenty-four, and section sixty- 
 one from ' ' and wherever any 
 such collector " to "provisions 
 of this Act." 
 
 Sections six, seven, eight, and 
 nine, so far as they relate to 
 parish meetings under this Act. 
 
 Section two and section three. 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act. 
 
 Section six. 
 
 Sections thirteen to twenty- 
 seven. 
 
 In section thirty the words "or 
 custom." 
 
 Section fifty-four. 
 
 In section two hundred and 
 thirty-five the words "under 
 this Act," where they secondly 
 occur. 
 
 Sections six, seven, and eight. 
 
 In section four the words ' ' in 
 value. "' 
 
 Section thirty-six ; and section 
 forty from •' by rating " to "of 
 such parish."
 
 197 
 
 Session & Chapter. 
 
 Short Title. 
 
 25 & 26 Vict. c. 
 103. 
 
 The Union Assess- 
 ment Act, 1862. 
 
 30 & 31 Vict. c. 
 
 6. 
 30 & 31 Vict. c. 
 
 106. 
 
 31 & 32 Vict. c. 
 122. 
 
 38 & 39 Vict. c. 
 65. 
 
 The Metropolitan 
 Poor Act, 1807. 
 
 The Poor Law 
 Amendment Act, 
 1867. 
 
 The Poor Law 
 Amendment Act, 
 1868. 
 
 The Public Health 
 Act, 1875. 
 
 39 & 40 Vict. 
 Gl. 
 
 The Divided Parishes 
 and Poor Law 
 Amendment Act, 
 1876. 
 
 A.D. 1894. 
 
 Extent of Repeal. 
 
 In section two, the words "con- 
 "sisting partly of ex-officio 
 "and partly of elected ijiiar- 
 "dians,"and from " Provided 
 always" to the end of the 
 section. 
 
 In section five, the words " ex- 
 officio or elected," in both 
 places where they occur, and 
 the words, "as the case may 
 be." 
 
 Section seventy-nine. 
 
 Sections four, five, six, and nine, 
 section ten so far as it relates 
 to elections of guardians, and 
 section twelve. 
 
 Section four, from "and the 
 powers" to the end of the 
 section. 
 
 Section eight from "and the 
 number" to the end of the 
 section. In section nine, from 
 "Provided that (1) An ex- 
 officio guardian " to "situated 
 in an urban district" (being 
 the provisoes) ; and the words 
 " from owners or occupiers of 
 " property situated in the rural 
 "district of a value sufficient 
 "to qualify them as elective 
 "guardians for a union," and 
 from "Subject to the pro- 
 " visions of this Act" to the 
 end of the section. 
 
 Section two hundred, except so 
 far as it applies to boroughs ; 
 sections two hundred and one 
 and two hundred and four, 
 section two hundred and forty- 
 eight, except so far .as it relates 
 to overseers, and section three 
 hundred and twelve. 
 
 So much of Schedule I. as relates 
 to committees, and Schedule 
 II. 
 
 Section six, from "The meeting 
 of inhabitants" to the end of 
 the section, so far as it relates 
 to rural parishes. Section 
 eight to " no alteration." ex- 
 cept as to cases where a parish 
 is dealt with by order of the 
 Local C'lovernmcnt Board.
 
 198 
 
 A.D. 1894. 
 
 Session & Chapter. 
 
 Short Title, 
 
 39 & 40 Vict. 
 79. 
 
 47 & 48 Vict. c. 
 70. 
 
 48 & 49 Vict. 
 53. 
 
 55 & 5G Vict. 
 53. 
 
 The Elementary 
 
 Education Act, 
 1»76. 
 
 Extent of Repeal. 
 
 The Municipal Elec- 
 tions (Corrupt and 
 Illegal Practices) 
 Act, 1884. 
 
 The Public Health 
 (Memljers and 
 
 Officers) Act, 1885 
 
 The Public Libraries 
 Act, 1892. 
 
 In section seven the words "so 
 however that in the case of 
 a committee appointed by 
 guardians one third at least 
 shall consist of ex-officio 
 ' guardians, if there are any, 
 ' and sufficient ex-officio guar- 
 'dians." 
 
 Section thirty-six, from "(/i.) 
 The Local Government Board" 
 to "validity of any vote." 
 
 Sections three and four. 
 
 Subsection three of section one. 
 The First Schedule so far as it 
 applies to rural parishes.
 
 INDEX. 
 
 i.-.l-i:)3 
 
 151 
 
 .. 152 
 
 .. 187 
 
 153 
 
 .. 77, 7'J 
 
 .. 5:5, 54 
 
 .. 53, 5i 
 
 Absence from meetings page 
 
 Office rendered vacant by ... ... ... 1:52,133 
 
 Acceptance of office 
 
 How signified ... ... ... ... ... 102 
 
 Accounts 
 
 Audil of 
 
 Dates of making up of 
 
 District auditor, when audited by 
 
 Existing accounts, not affected 
 
 Inspection of, conditions as to 
 
 Parochial charities of, rules as to 
 
 ACQUISITION OF LAND 
 
 (a) By agreement ... 
 
 (6) Under Lands Clauses Acts 
 
 Allotments Acts under, petition by 
 
 Parish council ... ... ... ... ... 55 
 
 Application by parish councils for 
 
 Proceedings on ... ... ... ... ... 54-56 
 
 Arbitration in cases of 
 
 How arranged ... ... ... ... ... 53 
 
 County borough in 
 
 Conditions as to ... ... ... ... .. 63 
 
 Duties as to by Local Government Board ... ... t)3 
 
 Expenses of, how defrayed ... ... ... ... 63 
 
 Inquiry by county council, as to ... ... ... 55, 5S 
 
 Land acquired to whom to be conveyed ... ... 62 
 
 Order by council, as to 
 
 .Must be submitted to Local Government Board ... 5(3 
 
 Order, how carried into effect ... ... ... o7 
 
 Public mquiries on 
 
 Powers as to ... .„ ... .„ ... 54-57 
 
 Restrictions on acquisition — ... ... ... 62
 
 200 
 
 ADJUSTMENT OF PROPERTY, etc. 
 
 Agreements may be made for 
 
 what may be contained in 
 
 Board of guardians a party, consent required for 
 
 Reference to arbitration 
 
 How conducted 
 
 Sums awarded by, how paid 
 
 PAGE 
 
 162 
 
 162, lb3 
 
 ... 163 
 
 163 
 
 164 
 
 ADOPTIYE ACTS 
 
 Baths and Washhouses Acts 
 Burial Acts 
 
 Lighting and Watching Act, 1833 
 Public Improvement Act, 1860 
 Public Libraries Act, 1892 ... 
 Adoption of 
 
 in urban district 
 
 Borrowing for purposes of ... 
 
 Expenses under, parish council's expenditure, 
 
 ted by 
 Poll under 
 
 Rate for, demand note must state purposes of 
 When adopted already, provisions as to 
 
 Affairs of the church 
 
 Meanmg of 
 Provisions as to 
 
 Agricultural Holdmgs Act, 1883 
 
 Compensation under, how assessed 
 
 Alclershot 
 
 Special provisions as to 
 
 Aliens 
 
 Disqualification of, for office 
 
 ALLOTMENTS 
 
 ARBITRATION, how conducted 
 Award of, where to be deposited 
 Compensation 
 
 How assessed 
 
 General rules as to ... 
 
 HIRING OF LAND FOR 
 
 MANAGERS OF 
 
 POSSESSION REGAINED 
 
 By the landlord, under what circumstances 
 
 POWERS OF COUNTY COUNCIL 
 
 As to 
 
 46 
 46 
 45 
 46 
 
 47 
 
 45 
 
 158, 159 
 
 71, 72, 73 
 
 how affec- 
 
 69 
 47 
 70 
 53 
 
 35 
 36 
 
 67 
 
 ... 156 
 ... 130 
 
 ... 57, 64 
 66 
 
 57, 58, 65, 67 
 
 59-62, 66 
 
 63 
 
 ... 41, 66 
 
 ... 67 
 
 54-56, 58-62
 
 201 
 
 Allotments {ConUnued). 
 
 PURCHASE OF LAND FOR pa^e 
 
 How actiuircd ... ... ... ... ... 5.3 
 
 When compulsory ... ... ... ... ... 55 
 
 When voluntary ... ... ... ... ... •>3 
 
 REPORT BY LOCAL GOVERNMENT BOARD 
 
 As to ... ... ... ... ... ... 69 
 
 RESTRICTIONS ON 
 
 Parish council, as to letting, etc. ... ... ... €3 
 
 TERMS OF HIRING 
 
 How decided ... ... ... ... ... 61 
 
 WARDENS 
 
 Of 44 
 
 WHO MAY HIRE ^ 6t 
 
 WHAT MAY NOT BE 
 
 Taken for ... ._ ... — ... 62 
 
 ALLOTMENTS ACTS 
 
 Acciuisilion of land under ... ... ... 5."), .")9-fi2 
 
 Allotment managers under ... ... ... ... 41 
 
 Arbitration under ... ... ... .^. ... 04, ().5 
 
 Common pasture, provisions as to ... ... ... 62 
 
 Compensation under ... ... ... 57, orf, 67, 69 
 
 Petition for allotments, powers of parish council as to ... 6.3 
 
 Regulations for letting under ... ... .. 66 
 
 Superfluous lands, provisions as to ... ... ... 5j 
 
 APPOINTED DAY 
 
 Adoptive Acts adopted after, by whom ... ... 4.5 
 
 Boundaries, alteration of, when to take effect frum ... IS.") 
 
 Elected, persons, date of coming into office of ... ... 185 
 
 Election, date of first ... ... ... ... 185 
 
 Highways, operation of Act as to may be postponed ... 100 
 
 Liability, etc. , of bodies elected, date from ... ... 186 
 
 Sunday, when falling on ... ... ... ... 169 
 
 ARBITRATION 
 
 .Arbitrator, appointment and powers of, duties of arbitrator 53 
 
 As to compensation on purchase of land ... ... 67 
 
 Award of Arbitrator, where to be deposited ... ... *"6 
 
 Hiring of land on ... ... ... ... ... 64 
 
 AREAS AND BOUNDARIES 
 
 Alteration of 
 
 County Council by ... ... ... 11.'),.164 
 
 Local Government Board by ... ... 121, l(i4-16fi 
 
 O
 
 202 
 
 Areas and Boundaries {Contimied). 
 
 Area of a county page 
 
 Alteration of, how effected ,,. ... ... ... 118 
 
 Borough, alteration of, how effected ... ... ... 118 
 
 Poor law union, alteration of, how effected ... ... 118 
 
 Board of Guardians 
 
 Affected by, petition by ... ... ... ... 120 
 
 "Within what time to be made ... ... ... 125 
 
 Charities affected 
 
 By alteration, order as to ... ... ... ,. 117 
 
 Immediate alterations, when to be made by ... ... 185 
 
 Notice to parisli council 
 
 When necessary ... .„ ... ... ... 119 
 
 Order is to be made 
 
 As to, when ... ... ... ... 115, 121 
 
 Part of a parisli 
 
 Consent of parish meeting for, when required ... 117 
 
 Situate in two or more counties 
 
 Proceedings as to when ... ... ... ... 120 
 
 •ASSISTANT OVERSEER 
 
 By whom appointed 
 
 Clerk to parish council, when to act as 
 
 Poll on election of, how obtained 
 
 BALLOT 
 
 Boxes, use of for elections ... 
 
 Elections must be by 
 
 Poll at parish meeting, when by 
 
 BANK HOLIDAYS 
 
 Rule as to ... ... ... ... ... ICD 
 
 BANKRUPT 
 
 May not hold certain offices... ... ... ... 131 
 
 BATHS & WASHHOUSES ACTS 
 
 Adoption of ... ... ... ... 46,158 
 
 BOx\RD OF AGRICULTURE 
 
 Alteration of areas and names, copies of orders as to, 
 
 must be sent to ... ... ... ... IfiS 
 
 As to commons, applications to be sent to ... 48, 103 
 
 BOOKS 
 
 Provision of by parish council ... .,. .». 37 
 
 .34, 
 
 111, 
 
 112 
 
 
 85, 
 
 179 
 
 
 191, 
 
 192 
 139 
 
 
 135 
 
 -137 
 28
 
 203 
 
 BOROUGHS w COUNTY BOROUGH page 
 
 Alteration ol area of ... ... ... ... IIS 
 
 What are ... ... ... ... ... 147 
 
 Council of 
 
 May appoint trustees of charity under certain circumstances 112 
 
 May have conferred on it, powers of parish council ... Ill 
 
 Guardians in 
 
 Qualification of ... ... ._ ... ...91,92 
 
 BOUNDARIES v<- AREAS 
 BOUNDARY COMMISSIONERS 
 
 Reports by, how dealt with l)y county council ... ... 121 
 
 Who arc ... ... ... ... ... ... 121 
 
 BUILDINGS 
 
 May be erected on allotments ... ... ... 60 
 
 Powers of parish council as to ... ... .. 48,71 
 
 BURIAL ACTS 
 
 Adoption of ... ... ... ... ... •l.'j, 46 
 
 BYE-LAWS 
 
 When existing, unaffected by .\ct ... ... ... 189 
 
 CANDIDATES 
 
 May attend parish meeting ... ... ... ... 192 
 
 Questions may be put to ... ... ... ... 192 
 
 Use of schoolroom by ..^ ... ... ... 31 
 
 CHAIRMAN 
 
 Of board of guardians and district council 
 
 How disqualified ... ... ... ... ... IHO 
 
 Of district council, is justice of peace ... ... 95 
 
 Qualification of ... ... ... ... ... 94 
 
 Of parish council 
 
 Casual vacancy in office of ... ... ... ... 134 
 
 Chairman of parish meeting, when to be ... ... 130 
 
 Convenes meetings ... ... ... 1:50,192 
 
 Documents deposited with ... ... ... ... 85 
 
 Disqualification for ... ... ... ... 130 
 
 Duties of, general rules as to ... ... 192-194 
 
 Election of .. ... ... ... ... 29, 30 
 
 Of parish meeting 
 
 E.\penses of meetings, powers as to ... ... ... 70 
 
 General rules as to, duties of ... ... 191-193 
 
 In " small " parish ... ... .. ... 88-91 
 
 Retirement of first chairman, date of ... ... ... 174 
 
 W'hois ... ... ... ... ... ... 26 
 
 Of vestries in Metropolis ... ... ... 110,111 
 
 Of Woolwich local board ... .. ... 11 „ All
 
 204 
 CHAPELS PAGE 
 
 Buildings used as incluiled in "Ecclesiastical Charity" ... 171 
 
 CHARITABLE TRUSTS ACTS 
 
 Accounts of charities, provisions as to ... ... 77-79 
 
 Sale, etc., of lands under ... ... ... ...52,58 
 
 Schemes regulating charities under ... ... ... G, 77 
 
 Vesting order under, in relation to buildings, etc., for the 
 
 relief of the poor ... ... ... ... H3 
 
 CHARITY 
 
 "Dole charities" 
 
 Definition of ... ... ... ... ... 77 
 
 Names of recipients of to Le published ... ... 77 
 
 Ecclesiastical charity 
 
 Definition of ... ... ... ... 171, 172 
 
 Provisions as to ... ... ... ... ... 3i, 35 
 
 Existing charities 
 
 When affected ... ... ... ... .. 78,79 
 
 Parochial charities 
 
 Accounts of ... ... ... ... ... 77-79 
 
 Definition of ... .. ... ... ... 75 
 
 Draft schemes relating to, to be laid before parish council 76 
 
 Overseers as trustees of, provision as to ... '6i, 35, 75 
 
 Trustees of, rules as to ... ... ... ... 74-79 
 
 retirement of ... ... ... ... 78 
 
 CHARITY COMMISSIONERS 
 
 Alterations of area 
 
 Approval of, when required for ... ... ... 117 
 
 Charities 
 
 Questions as to, when settled by ... ... 166, 1C7 
 
 Ecclesiastical charity 
 
 Duty as to ... ... ... ... 171, 172 
 
 Order dividing parish, when approval of, is requisite ... 117 
 
 Parish council 
 
 Consent to sale or exchange of land by, when necessary .. 51 
 
 Parochial charity 
 
 As to increase of trustees of, duties as to ... ... 75 
 
 Draft scheme relating to, to be sent to parish council ... 70 
 
 Public property 
 
 Transfer of, approval of, when required ... ... 74 
 
 Vesting order in 
 
 When made ... ... ... ... H3, 144 
 
 CHEQUES 
 
 Of parish council, how signed ... ... ... 19.}
 
 205 
 
 CHURCHWARDENS page 
 
 Cease to lie overseers ... ... ... 34, .T.5 
 
 Churchwarden and overseers, how construed ... ... 34 
 
 Civil duties of transfer to parish council ... ... 3f5 
 
 Closed churcliyards, duties as to transfer of ... ... ^C, 37 
 
 CHURCHYARDS 
 
 When closed, rule as to ... ... ... ... 30, 37 
 
 CLERK 
 
 COUNTY COUNCIL 
 
 Duties as to register of electors ... ... ... ]'29 
 
 PARISH COUNCIL 
 
 Appointment of 
 
 Deposit of documents with ... 
 
 Legal proceedings against council, how brought 
 
 COMMITTEES 
 
 For parts of a parish, when appointed 
 In "small" parish, rules as to 
 Of county council, powers of 
 Of parish and district council 
 Appointment of 
 Rules as to procedure of 
 
 COMMONS 
 
 Application by parish council as to 
 County council, duties of, as to 
 District council, notice be given to 
 as to regulation of, by ... 
 
 COMPENSATION 
 
 Of e.xisting officers... 
 
 On acquisition of land, how decided ... 
 
 On hiringofland for allotments, rules as to 
 
 CONTRACTS 
 
 Parties interested in, how aficcted 
 Pending when, how affected by Act ... 
 
 "CONTRIBUTORY PLACE" 
 
 Definition of 
 
 E.xpeiises of, how defrayed ... 
 
 COUNTY 
 
 Alteration of area of 
 
 " County borough " includes 
 
 COUNTY BOROUGH 
 
 Act, when applied to 
 
 Allotments, provisions as to, apply to 
 
 Definition of 
 
 Powers of parish council may be conferred on 
 
 85, 
 
 179 
 
 
 sn 
 
 •• 
 
 l'J3 
 
 
 Mil 
 
 
 88 
 
 •• 
 
 184 
 
 110 
 
 •l.-)l 
 
 
 19-1 
 
 
 r>3 
 
 
 104 
 
 
 103 
 
 •• 
 
 104 
 
 180-183 
 
 .. ol 
 
 ', 58 
 
 .. 6J 
 
 I, 65 
 
 
 132 
 
 •• 
 
 18y 
 
 
 109 
 
 •• 
 
 luQ 
 
 MS, 
 
 1-20 
 
 •• 
 
 173 
 
 
 11.-) 
 
 , , 
 
 6{ 
 
 
 113 
 
 111 
 
 -115
 
 20G 
 COUNTY COUNCIL 
 
 Allotments page 
 
 Duties of, as to .». .,, .> .., ... OS-JO 
 
 Applications by 
 
 To Local Government Board on behalf of rural district 
 
 council ... ... ... ... 102, 103 
 
 Areas and boundaries 
 
 Orders as to ... ... ... ... 115-122 
 
 Committees of 
 
 May delegate powers to ... ... ... ... 184 
 
 Commons 
 
 Duties of, as to ... ... ... ... 103-101 
 
 District council 
 
 In default, duties as to 
 
 ]\Iay be employed as agent by 
 
 May make orders as to retirement of ... 
 
 Powers of, transferred to 
 
 Elections 
 
 Expenses of, scale of, must be fixed by 
 First, difliculties as to, must remove 
 Subsequent, as to, must remove 
 
 Expenses of, provisions 
 
 As to ... ... ... ... ... ... 159 
 
 Grouping of parishes 
 
 May dissolve group ... ... ... ... 124 
 
 May make orders as to ... ... ... 12"i-l25 
 
 May revoke order ... ... ... ... ... 123 
 
 Guardians 
 
 May make orders as to ... ... ... 1 56-158 
 
 Number of ... ... ... ... 156-158 
 
 Retirement ofi .. ... ... ... 15t)-158 
 
 Highway 
 
 Cost of, may contribute to ... ... .., ... 101 
 
 Cost of, to whom chargeable, may decide ... 1S3, 184 
 
 Provisions of, as to, may be postponed by ... 101-1U3 
 
 Land 
 
 As to compulsory acqui.sition of, duties as to ... ... 55 
 
 As to compulsory hiring of, duties as to ... ... 64, 68 
 
 Expenses of, as to, incurred by ... ... ... 53-54 
 
 Local inquiries 
 
 By, expenses of ... ... ..-- ... 1(j8, 1(J9 
 
 8.', 
 
 104, 
 
 105 
 1(31 
 
 
 ... 9 
 
 5-it9 
 
 82 
 
 139 
 177 
 
 131, 
 
 138, 
 
 155
 
 207 
 
 County Council [Continued). 
 
 Orders page 
 
 Appeal against, within what time to be marie ... 12.5 
 
 Confirmation of, by Local Government Board when 
 
 necessary ... ... ... ... ... 12-t 
 
 Copies of, to whom to be sent ... ... ... IfiS 
 
 Validity of ... ... ... ... ... \i:> 
 
 Parish council 
 
 Acquisition of land by, duties as to 
 
 May establish parish council in certain parishes 
 
 May make loans to 
 
 Parish documents 
 
 Must iiKiuiie as to safe custody of 
 
 Parish meeting 
 
 In small parish may confer powers on 
 
 Parish wards 
 
 May divide parish into 
 
 58-fi2, 64 
 
 ... 23, 24 
 
 72 
 
 86 
 
 88, 89 
 
 87 
 87 
 
 May revoke order. 
 
 Part of a parish 
 
 Provisions as to ... ... ... ... ... 122 
 
 Rights of way 
 
 Powers of district council, as to ... ... ... 103 
 
 When transferred to ... ... ... 103-105 
 
 Roadside wastes 
 
 Retaining powers, as to ... ... ... ... 105 
 
 COUNTY DISTRICT 
 
 Definition of ^ .„ ... ... ... 95 
 
 CURRENT RATES 
 
 Not affected by Act .« ... ... ... ... 1S7 
 
 DAMAGE 
 
 To buildings used for meetings, how defrayed ... ... 32, 33 
 
 DEBTS 
 
 Existing at passing of Act, rule as to ... ... 1S8 
 
 Securities already granted fur, not affected ... .„ 183 
 
 Transfer of ... ... ... „. ... l(J2 
 
 DEMAND NOTE 
 
 For rale, must contain particulars ... ... .„ 70 
 
 DIFFICULTIES 
 
 As to elections, county council must remove 1^4, 13:^, 155, 177
 
 208 
 
 DISTRICT COUNCIL 
 
 Provisions applicable to all district councils page 
 
 Accounts of ... ... ... ... l."i 1-1.53 
 
 Chairman of, disqualification for ... ... ... 130 
 
 Chairman is a justice of peace ... ... ... 95 
 
 Committees of, how appointed .. ... ... 149 
 
 Commons, proceedings as to ... ... ... 103 
 
 Councillors of, how disqualified ... ... ... 130 
 
 First election of, how arranged for ... .. ... 174 
 
 difficulties as to how settled ... ... ... 177 
 
 First meeting of, how convened ... ... .. 177 
 
 Joint committee of, how appointed ... .. -- 150 
 
 Justices powers of, transferred to ... ... .. 105 
 
 Meetings of, rules as to .. ... .. 1"j3, 1.54 
 
 ■ must not be in public-house ... ... ... 1-5H 
 
 Name of ... ... ... ... ... 94 
 
 how changed ... ... ... ... 148 
 
 Number of ... ... ... ... ... 156 
 
 Rights of way, etc. , must protect ... ... ... 103 
 
 Stopping or diversion of, consent of required ... ... 73 
 
 Vice chairman of, rules as to ... ... ... ... 154 
 
 LONDON in, 5^<! "LONDON" ... ... 1C9-115 
 
 RURAL DISTRICT OF 
 
 Body corporate is a ... ... ... ... 99 
 
 Constitution of ... ... ... ... ... 97 
 
 Default of, rules as to ... ... ... 81,104,159 
 
 District co-extensive with parish, rules as to ... ... 118 
 
 Election of ... ... ... .... ... 91, 97 
 
 Expenses of 
 
 General and special ... ... ... 108,109 
 
 How defrayed ... ... ... ... ... 109 
 
 When' charged on contributory place ... ... 109 
 
 Highways 
 
 Expenses of, how defrayed ... ... I'O, 101 
 
 May be postponed by county council ... ... 100 
 
 Powers as to ... ... ... ... ... 99 
 
 Notice on execution of works 
 
 Number of councillors, how settled ... ... 97 
 
 When to be given ... ... ... ... fe2 
 
 Parochial committee 
 
 May be appointed by ... ... ... ...80,81 
 
 Parish council 
 
 May delegate powers to ... ... ... ... SO 
 
 Place of meeting of ... •■■ .•• 155, iss 
 
 Qualification of councillors ... ... ... i)7
 
 PAGE 
 
 ... 'J3-'J7 
 
 7:J, 7t, 10.1 
 
 93, 'J7 
 
 102, 103 
 
 .. 5.S, 90 
 
 95 
 
 151-153 
 
 209 
 
 District Council (Continued). 
 
 Retirement of 
 Rights of way 
 
 J)uties as to 
 
 Term of office of ••• 
 Urban powers 
 
 May Ije CDPifurred nil 
 
 Water supply 
 
 Primary duty as to 
 
 URBAN DISTRICTS OF 
 
 Accounts of 
 Adoptive Acts 
 
 Consent of, required for adoption ... ... 159 
 
 Commons 
 
 Duties as to ... ... ... ... 103, 104 
 
 Default of 
 
 Provisions, in case of ... ... ... ... 104 
 
 Election of 
 
 Ivuks as to ... ... ... ... ... 96 
 
 Electors of 
 
 W'lu) are ... ... ... ... ... 9G 
 
 Ex-officio members 
 
 Aholiiion of ... ... ,,. ... ... 95 
 
 Expenses of 
 
 I low defrayed ... ... ... ... ... 107 
 
 Place of meeting of ••• ... ••• i J5, 15S 
 
 Powers of parish council 
 
 May be conferred on .>. ... ... 111115 
 
 Rights of way 
 
 Duties as to ... ... ... ... 103, lO.'J 
 
 Retu'ement of 
 
 Rules as to ... ... ... .., ... 96 
 
 Roadside wastes 
 
 Duties as to ... .... „. ... ... 105 
 
 Term of office of ... ... ... ... ... 96 
 
 Trustees 
 
 When appointed by ... ... ... .„ 11_>
 
 210 
 
 DOCUMENTS OF PARISH pahr 
 
 Access to, who may have ... ... ... ••• ^^ 
 
 Custody of ... ... ... ... Sf), 117, 123 
 
 Deposit of certain, with clerk ... ■.. ... 85-87 
 
 Inspection of ... .. ..• ... •■• 85-87 
 
 Preservation of, how secured ... ... ... 85 87 
 
 ECCLESIASTICAL CHARITIES 
 
 Books relating to, custody of ... ... ... 87 
 
 Definition of ... ... ... ... 171,172 
 
 Not affected by Act ... ... ... ••• 74 
 
 Provisions as to ... ... ... ... '"'4, 35, 74 
 
 ELECTIONS 
 
 Corrupt practices at, rules as to ... ... ... l-^^ 
 
 Date of first elections ... ... ... ■•• 18-1 
 
 Difficulties as to, how settled .. .. 138, If'S 
 
 Expenses of, how regulated ... ... •.• 137 
 
 Nominations at, rule as to ... ... ... ••. 1^4 
 
 Petitions as to, how brought ... ... ••• l'>^'^ 
 
 Poll at, to be taken by ballot ... ... ... 135 
 
 Rules as to, how to be made ... ... -.• 134 
 
 must contain certain provisions ... ... 134 
 
 ELEMENTARY SCHOOLS 
 
 Meaning of ... ... ■•• •■• ••• ■'•'^ 
 
 Trusteeship or management of not affected ... ... 1*>1 
 
 Use of room of, for what purposes allowed ... ... 31 
 
 EXISTING OFFICERS 1'»-18(J 
 
 EXPENSES 
 
 Of county council ... ... ... -.. ••• 63 
 
 Ofparish council, how defrayed ... ... ..■ 3- 
 
 restrictions on ... ... ••■ ••• ~^ 
 
 Ofparish meetings ... ... ••• ■•• ~° 
 
 Of rural district council ... ... ••■ ••• 108 
 
 Of urban district council ... •.• •.• ••• 107 
 
 FAIRS 
 
 Abolition of ... ... .•■ ••■ ••• 106 
 
 Alteration of dates of ... ... .. ••• 106 
 
 FIRE ENGINE & ESCAPE 
 
 Provision of by parish cour.cil ... ... ••• *>! 
 
 FOOTPATHS AND ROADS 
 
 Repair of ... ... ... ■-• •■■ ^3 
 
 Stopping or diversion of ... ... ... ••■ ^3 
 
 GAME DEALERS 
 
 Licenses to, how granted ... ... ... ••• 106 
 
 GANG MASTERS 
 
 Licenses to, how granted ... ... ... ." 106
 
 211 
 
 GROUPING PAGE 
 
 Application for by parish meeting ... ... ... 24 
 
 Notice of, wliat required to be given ... ... ... I'Jl 
 
 Order fur when made ... ... ... 122-125 
 
 Order for 
 
 Confirmation of unnecessary ... ... ... 124 
 
 May be revoked ... ... ... ... ... 12S 
 
 Wliat must be contained in ... ... ... 24 
 
 GUARDIANS, see Rural District Council 
 
 Alteration of areas, may petition against ... 110,120 
 
 Chairman, (juaHficalion for ... ... ... 94 
 
 Disqualifications for office of ... ... ... 94 
 
 Election of ... ... ... ... ... 91 
 
 first guardians ... ... ... 171, 178 
 
 Electors of ... ... ... ... ... 91 
 
 E.xisting, to continue in office ... ... ... 176 
 
 Ex-oflficio, etc., abolition of .. ... ... 94 
 
 London, provisions of Act as to, apply to ... ... 109 
 
 Meetings of rules, as to ... ... ... 153,154 
 
 New parishes for, number of ... ... ... 174 
 
 Number of, liow altered ... ... ... ... 156 
 
 Place of meeting of ... ... ... ... 158 
 
 Powers of ... ... ... ... ... 158 
 
 Qualification for ... ... ... ... ... 91 
 
 Resignation of ... ... ... ... ... 137 
 
 Retirement of ... ... ... ... ... 94 
 
 Term of office of ... ... ... ... ... 91-92 
 
 Vacation of office by, through absence ... K)2, 1?3 
 
 Vice-chairman ... ... ... ... ... 94 
 
 Voting, method of ... ... ... ... 92 
 
 HARBOUR 
 
 Improvement commissioners for, provisions as to ... IGl 
 
 HIGHWAY 
 
 Authorities of, e.xisting to continue in office until appoint- 
 ed day 
 District council, management of by ... 
 
 Expenses of 
 
 " Contributory place" when charged on 
 County council may contribute towards 
 How defrayetl 
 
 Parish partly within rural district, rule as to 
 " Particular parish," when cliarged on 
 Repairable " ratione lenunc " 
 
 Conditions as to 
 Transfer of power, as to, may be postponed 
 \Vhen unnecessary, proceedings as to 
 
 17fi 
 
 .. 102 
 
 .. }08 
 
 101 
 
 .. 109 
 
 .. 102 
 
 .. 183 
 
 101 
 
 101, 102 
 
 99, 100 
 
 .. 73, 74
 
 212 
 
 PAGE 
 
 HOUSING OF WORKING CLASSES ACT, 1£90 40 
 
 Buildings dangerous, etc., remedy under the Act ... 40 
 
 Householder, powers of, under ... ... ... 40 
 
 IMedical officer of health, duties under the Act ... ... 40, 41 
 
 IMPROVEMENT ACT, 1860 46 
 
 INFANT 
 
 Disqualified for offices under Act ... ... ... 130 
 
 INFANT LIFE PROTECTION 
 
 Duties of district council as to ... ... ... 107 
 
 INSTRUMENTS 
 
 Of parish council, how e.xecu ted ... ... ... 30 
 
 Of parish meeting, how executed ... ... DI, 193, 194 
 
 JOINT COMMITTEES 
 
 Purposes of ... ... ... ... ... 120 
 
 What are ... .„ ... ... ... 120 
 
 JUSTICES 
 
 Cease to be ex-officio guardians ... ... ... 01 
 
 Chairman of district council becomes ... ... 95 
 
 Transfer of powers of to district council ... ... 10.5 
 
 Fairs, abolition of ... ... ... ... ... 106 
 
 Game dealers, as to licensing of ... ... ... 106 
 
 Gang masters, as to ... ... ... ... lOG 
 
 Infant life protection, as to ... ... ... ... 107 
 
 Knackers' yards, as to ... ... ... ... 107 
 
 Passage brokers, as to ... ... ... ... 106 
 
 Pawnbrokers' certificates ... ... ... ... 106 
 
 Petroleum, as Jo ... ... ... ... ... 107 
 
 KNACKERS' YARDS 
 
 Duties of district council as to ... ... ... 1('7 
 
 LANDS CLAUSES ACTS 
 
 Acquis'.tion of land under ... ... ... ... SS-.'iy 
 
 Hiring of land under ... ... ... ... 68 
 
 LIBRARIES PUBLIC ACT, 1892 
 
 Adoption of ... ... ... ... ... 47 
 
 LIGHTING & WATCHING ACT, 1833 
 
 Adoption of ... ... ... ... ... 46 
 
 LOCAL GOVERNMENT BOARD 
 
 Accounts 
 
 Audit of, may regulate ... ... ... ... 1o2 
 
 Adjustment of property 
 
 Order as to where board of guardians is affected ... 24 
 
 Generally, duties as to ... ... ... ... 2.5
 
 210 
 
 Local Government Board [Cuniiititeci). 
 
 Appointed day ta'-e 
 
 Duty as to ... ... ... ... ... Js^ 
 
 Areas, alteration of ... ... ... ... ... no 
 
 Of county or borough, application to ... ... 118 
 
 Of parish or union, petition to, again.st order .. ... 1 11' 
 
 Powers as to wlicn transferred from county council to 121, V12 
 
 County councils 
 
 Orders of, not requiring confirmation liy ... ... 1 .'4 
 
 Orders of, to be sent to ... ... ... ... iSi 
 
 Difficulties 
 
 Duty to remove ... ... ... ... ... 177 
 
 Elections 
 
 Expenses of, may frame a scale for ... 
 Generally, under this Act, may regulate 
 
 Guardians 
 
 Election of, must make regulations for 
 Proceedings of, still regulated by 
 
 Joint committees 
 
 Copies of, to be sent to 
 Orders of, confirmed by 
 
 Local inquiries by 
 
 E.xpenses of 
 
 Powers conferred on, as to ... 
 
 Meetings 
 
 Use of room for, may decide as to ... ... ... 155 
 
 Notice 
 
 As to appointment of overseer, duties of as to ... ... 3-t 
 
 Of changes of names, to be given to ... ... ... 14S 
 
 Parish council 
 
 Acquisition of land by, duties of as to ... ... 53-55 
 
 Consent of, must be given ... ... ... .. 52 
 
 Loans to, consent of, when recjuired for ... ... 71 
 
 Sale, etc., of land by ... ... ... ... 52 
 
 Report to Parliament 
 
 On acquisition of land, when to be made by ... ... CD 
 
 Rural district 
 
 Situate in two or more counties, duties as to ... ... 160 
 
 Rural district council 
 
 May confer powers of Urban Sanitary Authority on ... 99 
 
 Nomination of members of by, when allowed ... ... t'S, t>J 
 
 137, 
 
 1.S9 
 
 131, 
 
 135 
 
 
 91 
 
 •• 
 
 153 
 
 
 168 
 
 -. 
 
 157 
 
 
 168 
 
 
 IbS
 
 214 
 
 Local Government Board {Continued). 
 
 Urban district page 
 
 Extension of ... ... ... .„ 147, 148 
 
 Urban district council 
 
 May confer powers of parish council on ... ... Ill 
 
 LOCAL GOVERNMENT ELECTORS 
 
 Are to be parocliial electors ... ... ... 25 
 
 Married women may be ... ... ... ... 125 
 
 Who are... ... ... ... ... ...25,26 
 
 LOCAL INQUIRIES 
 
 By county council, provisions as to ... ... 168,169 
 
 By Local Government Board, provisions as to ... 168, 169 
 
 On acquisition of land, conditions as to ... ... 54-02 
 
 LONDON 
 
 Application of the Act to 
 
 To what extent ... ... ... ... 109-115 
 
 AUDITORS 
 
 P"or parishes in ... ... ... ... ... 110 
 
 Election of ... ... ... ... ... HQ 
 
 Disqualifications for ... ... ... ... 133 
 
 DISTRICT BOARDS IN 
 
 Chairman of, election of ... ... ... ... 110 
 
 is justice of peace .. ... ... ... Ill 
 
 I'owers of parish council, may be conferred on ... 115 
 
 Qualification for election as member of ... ... 110 
 
 VESTRIES in 
 
 Cliairman of, election of ... ... ... 110, 111 
 
 is justice of peace ... ... ... 110,111 
 
 disqualification, for ... ... .. .. 133 
 
 first election of ... ... • ... 110, 111 
 
 Polling, hours of ... ... ... ... ... HO 
 
 Powers of parish council, may be conferred on ... 112, 113 
 
 Time for meetings of ... .. ... ... 110 
 
 MARRIAGE 
 
 Is not a disqualification for ofiice ... ... 2n, 91, 9.5 
 
 Is not a disqualification for voting ... ... ... 125 
 
 MEETINGS, sec County Council, Paiisli Council, Parish 
 Meeting, Guardians, District Council 
 
 Of committees ... ... ... ... ... 194 
 
 Of parish council, rules as to ... ... J 92, 193 
 
 meetings, rules as to ... ... ... ... 191 
 
 NOMINATIONS 
 
 Rules as to .„ .„ .., ... ... 134
 
 215 
 
 NOTICE ^''''^^- 
 
 By parish council, how given ... ... ... 140 
 
 Of appointment of overseers, to whom be given ... 34, 89 
 
 Ofchanges of names of parishes, etc. ... ... ... 148 
 
 Of meetings, how given ... ... ... ... 191 
 
 Of resolution as to right of way ... ... ... 73 
 
 Service of notices, how effected ... ... ... I'.'l 
 
 OFFICERS 
 
 Existing, provisions as to ... ... ... ... 179 
 
 Of parish council ... ... ... ... ... 85 
 
 OFFICES 
 
 Date of coming into, of persons elected ... ... 18."> 
 
 For parish council, how provided ... .. ... 4S 
 
 OVERSEERS 
 
 Appointment of ... ■•. ••• •■• ■•• «"■* 
 
 Are body corporate, together with ch.airman of meeting ... (<9 
 
 In a borough, provisions as to ... ... 11:?, 114 
 
 In " small" parish ... ... ... ... 88 
 
 Assistant Overseers 
 
 Existing rule as to ... ... ... ... 179 
 
 New method of election of ... ... ... ... 179 
 
 "Churchwardens and Overseers" 
 
 Meaning of ... ... ... ... ... 34 
 
 In Divided Parish 
 
 Continue in office ... ... ... ... .. 174 
 
 Notice 
 
 Of appointment as, where to be sent ... ... ... 34 
 
 In case of default, provision as to ... ... ... HO 
 
 Palish Meetmg 
 
 Must summon first ... ... ... ... 17^? 
 
 Powers of 
 
 Transferred to parish council ... ... ... 35 
 
 Trustees of parochial charity as, rules as to ... ... 75 
 
 OXFORD 
 
 Ciuardians in, not affected by Act ... ... ... ir)S 
 
 PARISH 
 
 Books, etc., of, custody of ... ... ... ... 37, 85 
 
 Boundary of, how altered ... ... ... .. 115 
 
 Definition of ... ... ... ... ... 24 
 
 " Divided Parish," what is a ... ... ... 25 
 
 charities in, how afl'ectcd ... ... ..- 117 
 
 Eire engine and escape ... ... ... ... 39
 
 216 
 
 Parish { Con/ timed). 
 
 Grouping of page 
 
 How effected ... ... ... ... 24,122 
 
 Order for, may be revoked ... ... ... ... 124 
 
 what must be contained in ... ... ... 123 
 
 Highways mamtained by 
 
 Rule as to ... ... ... ... 183, 18i 
 
 In more than one county 
 
 Provisions as to ... ... ... ... ... 118 
 
 In more than one urban district 
 
 Provisions as to ... ... ... ... ... 117 
 
 Name of 
 
 How chansred ... ... ... ... ... 143 
 
 Parocliial office of ... ... ... ... ... 37 
 
 Part of, with defined boundary 
 
 How affected ... ... ... ... ... 122 
 
 Property of 
 
 Exchange of ... ... ... ... ... 39 
 
 Letting of ... ... ... ... ... 39 
 
 Management of ... ... ... ... ... 37 
 
 Sale of ... ... ... ... ... ... 39 
 
 "Rural Parish" 
 
 What is ... ... ... ... ... ... 24 
 
 When co-extensive with rural sanitary district, how 
 
 governed ,. ... ... ... ... 118 
 
 " Small Parish " 
 
 Provisions as to ... ... ... ... ... 88-91 
 
 Vestry room of ... ... ... ... ... 37 
 
 Wards, when divided into ... ... ... 87, 156 
 
 PARISH COUNCIL 
 
 Accounts of 
 
 How and wlien audited ... ... .. l."l,132 
 
 Acts of 
 
 How signified ... ... ... ... ... SO 
 
 Adoptive Acts 
 
 To be executed by ... ... ... ... 48 
 
 Allotments 
 
 Managers of, wardens of ... ... ... ■■. 41, 45 
 
 Provision of ... ... ... ... ... 53-69 
 
 Allotments Acts 
 
 Powers of, under ... ... ... ... ... 41, 15
 
 217 
 
 Parish Council (Continued). 
 
 Applications by page 
 
 As to wards ... ... ... ... ... 87 
 
 Body coq) orate 
 
 Is a ... ... ... ... ... ... 20 
 
 Borrowing powers 
 
 As to ... ... ... ... ... ... 71 
 
 Buildings 
 
 When acquired by ... .. ... ... 48 
 
 Chairman of 
 
 How elected ... .. ... ... ... 00 
 
 Charities 
 
 May oppose draft scheme relating to ... ... ... 76 
 
 Powers of, as to ... ... ... ... ... "7, 78 
 
 Provisions as to expenses of opposition, etc. ... ... "<;, 77 
 
 Trustees for, appointment of ... ... ... 75, 76 
 
 Cheques of 
 
 How to be signed ... ... ... ... ... 193 
 
 Churchwarden 
 
 Certain jx)wers of, transferred to ... ... ... ."G. 37 
 
 Clerk of the council 
 
 When to be appointed .^. ... ... 85, 179 
 
 Committees of 
 
 Rules as to ... ... ... ... HO, 191 
 
 \Mien ji.-int committees. ... ... ... ... l-OO 
 
 Commons 
 
 May apply to Board of .Agriculture for regulation of ... 48 
 
 Notice of application must l)e given to every coun^. d in- 
 terested ... ... ' ... ' ... 53 
 
 Constitution of ... ... ... ... ... 24 
 
 Contributory place of 
 
 When notice is to be given ... ... ... ... 82 
 
 Councillors of 
 
 Absent from meeting, when to vacate office ... ... 30 
 
 Date of coming into office ... ... ... ... 29 
 
 Day of retirement ... ... ... ... ... 29 
 
 Election of ... ... ... ... .. 29 
 
 Grouped parishes, provisions as to ... ... ... 122 
 
 Qualilication of ... ... .... ... .. 29 
 
 Residence, what is ... .. ... ... 29 
 
 Retirement of, of first elected ... ... ... 2i» 
 
 Term of office of ... ... . ... ... 29 
 
 Vacancies among, rules as to ... ... i:n, 102 
 
 Who are disqualified for ... ... ... ISO, 133 
 
 P
 
 218 
 
 Palish Council {Cotitimud). 
 
 Creation of ... 
 Custody of documents 
 
 Control of, subject to county council ... 
 
 Documents, which to be kept by 
 
 Exemption of registers of baptism, etc., from 
 
 Default of district council 
 
 Complaint by 
 
 Delegation of powers to by district council 
 Difficulties as to election, etc. 
 
 How to be settled ... 
 
 Disqualification for office on ... 
 Election of 
 
 Rules as to 
 
 Expenditure 
 
 Limitation of sum raised 
 Restrictions on 
 
 Expenses 
 
 Contribution towards, by 
 Definition of 
 
 Highway unnecessary 
 
 Resolution by, as to 
 
 Housing of Working Classes Act 
 
 Powers of, under ... 
 
 Instruments of 
 
 Plow executed 
 
 Land. See acquisition of land 
 
 Acquisition of, rates as to 
 Compulsory when, voluntary when 
 For what purpo.-e it may be acquired... 
 License from Crown, may hold without 
 Offices, etc., may acquire for 
 When Superfluous, Sale of 
 
 Letting 
 
 Conditions as to 
 
 Loans to 
 Meeting of 
 
 Date of annual 
 
 Notice of meeting, how given 
 
 Place of ... 
 
 Rules for... 
 
 Name of 
 
 PAGE 
 
 ... 23, 
 
 24 
 
 ... S6, 
 
 87 
 
 ... 85, 
 
 86 
 
 ... 8(J, 
 
 87 
 
 ... 81, 
 
 82 
 
 ... 
 
 80 
 
 133, 
 
 177 
 
 ... 
 
 130 
 
 20, 134-139 
 
 
 69 
 
 ... 69, 
 
 70 
 
 
 51 
 
 ... 
 
 69 
 
 ... 73, 
 
 74 
 
 ... 40, 
 
 41 
 
 30, 194 
 
 ... 54, 55 
 ... 54, 55 
 ... 50, 52 
 
 31 
 ... 50, 52 
 
 60 
 
 51 
 
 ... 71, 72 
 
 3") 
 
 no, 141 
 
 .. 31-34 
 
 192-194 
 
 30
 
 219 
 
 Parish Council {Continued). 
 
 Notices, see Notice 
 
 Overseers page 
 
 Certain duties of, transferred to ... ... ... 31, 3.> 
 
 Parochial charity 
 
 lV)weis of, as to ... ... ... ... ... 75 
 
 Property 
 
 Exchange of, rules as to ... ... ... ... .".0, 'A 
 
 Gifts of, may take and hold ... ... ... 51 
 
 Sale of ... ... ... ... ... ...39,51 
 
 Public Footpath 
 
 Repair of, by ... ... ... ... ... 7-t 
 
 rvecreation grounda 
 
 Regulations of ... ... ... ... ... 4S, 49 
 
 Plight of way 
 
 May ac(juire .. ... ... ... ... 51 
 
 Stopping up, as to ... ... ... ... 103 
 
 Roadside waste 
 
 Encroachment on, duties as to ... ... ... 104: 
 
 Rules applicable to ... ... ... ... i92-i;)4 
 
 Small Holdings Act, 1892 
 
 Powers under ... ... ... ... ... 41: 
 
 Stagnant water 
 
 Trejudicial to health, power to deal with ... ... 51 
 
 Urban district 
 
 Kewly constituted, effect on ... ... ... HtJ 
 
 Vestries 
 
 Certain duties of, transferred to ... ... ... C", 36 
 
 Wells, springs, etc. 
 
 May utilise ... ... ... ... ... 50 
 
 Works connected with powcr3 
 
 May be executed by 
 
 PARISH CHEST 
 
 PARISH DOCUMENTS 
 
 Access to 
 
 Custody of 
 
 Disputes with regard to 
 
 Inquiry by county council, as to 
 
 Register of bap'.isms, marriages, provisions as to 
 
 
 51 
 
 •'". 
 
 39 
 
 
 86 
 
 85, 
 
 85 
 
 
 86 
 
 8(5, 
 
 87 
 
 
 66
 
 220 
 
 PARISH MEETING 
 
 Adoptive Acts page 
 
 Powers to adopt ... ... ... ... ... 45 
 
 Annual meeting of 
 
 When held ... ... ... ... ... 191 
 
 Applications by 
 
 For dissolvinp- order 
 
 »3 
 
 i23, 124 
 
 
 For grouping 
 
 ... 123 
 
 
 Under educations acts 
 
 142, 143 
 
 
 Chairman first elected 
 
 
 
 When to retire 
 
 ... 174 
 
 
 Chairman of 
 
 
 
 Who is ... 
 
 28, 130 
 
 
 Consent of 
 
 
 
 When required 
 
 -!-, .51, '9, 77,141 
 
 
 Constitution of 
 
 23, 25, 27 
 
 1 
 
 Difficulties 
 
 
 
 As to holding of, how settled 
 
 177 
 
 
 Expenses of ... 
 
 28 
 
 
 Meetings of 
 
 
 
 How convened 
 
 n(^, 191 
 
 
 How often 
 
 27 
 
 
 Not to be held in paljlic-house 
 
 ... 158 
 
 
 rlotice of meeting 
 
 
 
 How given 
 
 140 
 
 
 Parish councillors 
 
 
 
 Are elected at 
 
 134 
 
 
 Part of a parish for 
 
 
 
 Provisions as to 
 
 139 
 
 
 Place of meeting of ... 
 
 ... 31, 32 
 
 
 Polls 
 
 
 
 Consequented on, how taken 
 
 28, 134 
 
 
 May l>e demanded at 
 
 191, 192 
 
 
 Rights of way 
 
 
 
 Resolution at, as to 
 
 73 
 
 
 Rules as to ... 
 
 191, 193 
 
 
 "Small" parishes in 
 
 
 1 
 
 Special provisions as to 
 
 ... 88-91 
 
 i 
 
 Time of meeting 
 
 27, l.SO 
 
 1 
 
 Voting at 
 
 27 
 
 1 
 
 i
 
 221 
 PARISH PROPERTY 
 
 Allotments ... ... ... ... 41-41, 5'J-6l 
 
 Letting of ... ... ... ... ... 3'.» 
 
 Management of ... ... ... ... ... 37, 30 
 
 Recreation grounds ... ... ... ... H9 
 
 Sale and exchange of ... ... ... ... ?!) 
 
 Vested in overseers, transfer to parish council of ... 3'> 
 
 VilKage greens ... .. ... ... ... 31) 
 
 Trustees for, public purposes ... ... ... 74 
 
 PARISH ROADS 73 
 
 PARISH WARDS 
 
 Ap[ilication to county council, how made ... ... 87 
 
 Division of parish into ... ... ... ... 87 
 
 When parish is so divided ... .. ... ... 88 
 
 PAROCHIAL CHARITY 
 
 Dclinition of ... ... ... ... ... 172 
 
 General rules as to .. ... ... ... 74-79 
 
 Questions as to, how determined ... ... KU;, l(j7 
 
 Trustees of, rules as to ... 7.")-77, 78, S'.\ 112, 117, 123 
 
 PAROCHIAL COMMITTEES 
 
 Appointment of ... ... ... ... ... 89 
 
 Parish council, may have powers of ... ... ... 80 
 
 PAROCHIAL ELECTORS 
 
 Constitute parish meeting ... ... ... ... 2.") 
 
 Definition of ... ... ... ... 1(5,170 
 
 Elect guarilians ... ... ... .. ... 1)2 
 
 district councillors ... ... ... ... 9G 
 
 parish councillors ... ... ... ... 29 
 
 Voting by, method of ... ... ... 'J 7, 92, 97 
 
 Wards, application by, division of parish into ... ... 87 
 
 POLL 
 
 After parish meeting ... ... ... 28,191,192 
 
 By ballot ... ... ... ... 28 
 
 Expenses of ... .. ... ... ... 28 
 
 See Adoptive Acts ... ... ... ... 47 
 
 POPULATION 
 
 Increase and decrease of, provisions as to ... ... 123 
 
 Meaning of ... ... ... ... ... 170 
 
 Necessary for parish council ... ... ... 23 
 
 "PRESCRIBED" 
 
 M■J.^ning .)f .„ ... ... ... ... 173
 
 222 
 "PUBLIC-HOUSE" PAGE 
 
 Restrictions as to meeting in ... ... ... 158 
 
 PUBLIC NOTICES 
 
 How given ... ... ... ... ... 140 
 
 QUORUM OF 
 
 Committees ... ... ... ... ... 194 
 
 Parish council ... ... ... ... ... 193 
 
 RATE 
 
 Demand note for, as to ... ... ... ... 70 
 
 Incidence of charge of ... ... ... ... 48 
 
 May not e.xceed, how mucli in pound ... ... G9 
 
 "When current, not affected ... ... ... ... 187 
 
 RATEABLE VALUE 
 
 Definition of ... ... .... ... ... 173 
 
 REGISTER 
 
 Births, marriages, and deaths, provisions as to ... ... 86, 87 
 
 Ofelectors ... ... ... ... ... 126 
 
 REPEAL 
 
 Of certain Acts ... .... .... 180,189,195-193 
 
 RETURNING OFFICER 
 
 Appointment of .... .... ... .... ... 135 
 
 for first elections ... ... .. ... 174 
 
 Convening of first meeting of district council is by ... 177 
 
 RIGHTS OF WAY 
 
 Acquisition of, by parish council ... ... .... 51 
 
 District council, duties as to ... ... ... 104 
 
 • in default, provisions as to ... ... ... 1.59 
 
 Stopping up of, consent required for ... .. ... 73, 90 
 
 ROADSIDE WASTES 
 
 Encroachments on, by whom prevented ..... .,. 104 
 
 RULES 
 
 As to committees ... ... ... ... 194 
 
 As to parish councils .... ... ... 192-194 
 
 As to parish meetings .... ..., ... lyl. 193 
 
 RURAL PARISH 
 
 What is ... ... ... ... ... ... 24 
 
 When co-extensive with rural district ... ... 118 
 
 RURAL SANITARY AUTHORITY 
 
 Is rural district council ... ... ... ... 97 
 
 RURAL SANITARY DISTRICT 
 
 Co-extensive with rural parish ... ... ... 118 
 
 Definition of ... ... ... ... ...24,95 
 
 Situate in more than one county ... ... ... yS
 
 SANITARY MATTERS page 
 Powers as tu, of parish council ... .-. ••• 4'.»-5l 
 of district council ... ... ... ... *J9 
 
 SCHOOLROOM 
 
 Use of, for meetinfjs ... ... -•. ... 31 
 
 at elections ... ... ... .. ... 135 
 
 SCILLY ISLES 
 
 Act may be applied to ... ... ... ... 1C9 
 
 SECURITIES 
 
 Existing, not affected by Act ... ... ... 188 
 
 SHORT TITLE OF ACT 173 
 
 SUNDAYS 
 
 Appointed days falling on ... ... ... ... 169 
 
 TRANSFER OF PROPERTY 
 
 Conditions as to ... ,,. ... ... lljl, IG'2 
 
 TRUSTEES 
 
 Definition of ... ... ... ... .. 171 
 
 Elementary schools of, not affected ... ... .- 161 
 
 Of parochial charity ... ... •-• •• '4> '9 
 
 Overseers and churchwardens, as to ... ... ... 75 
 
 Property held for public purposes by ... ... ... 74 
 
 URBAN DISTRICT 
 
 Change of name of ... .. ... ... 143 
 
 Definition of ... ... ... ... ... 94 
 
 E.xtension of ... ... ... ... ... 147 
 
 ^Vhen a borough ... ... ... ... ... 146 
 
 When rvewly constituted, effect of ... ... ... 146 
 
 URBAN SANITARY AUTHORITIES 
 
 Constitution of ... ... ... ... ... 05 
 
 Who are ... ... ... ... ... 94 
 
 VACANCY 
 
 By disqualification of holder of office .. ... 1.^3 
 
 Casual, in parish council ... ... ... l:^^, 102 
 
 In office before appointed day ... ... ... 176 
 
 VALUATION LIST 
 
 Duties of parish council as to ... ... ... .37 
 
 In divided parish, provisions as to ... ... ... IS? 
 
 VESTRY 
 
 Definition of ... ... ... ... ... 173 
 
 In London, see " Loildon " 
 
 Powers transferretl from ... .„ ... ... 35, 36
 
 221 
 
 VESTRY CLERK 
 
 No longer appointed 
 When existing 
 
 VILLAGE GREENS 
 
 Power of parish council as to 
 
 VOTES 
 
 At elections 
 
 At parish councils meetings 
 
 At parish meetings 
 
 Division of parishes into 
 For election of guardians 
 
 rural district councillors 
 
 urban district councillors 
 
 Parochial charities affected by division into 
 
 WATER SUPPLY 
 
 Default of district council as to 
 Duties of district council as to 
 Duties of parish council as to 
 
 WARDS 
 
 WOMAN 
 
 Although married, may vote 
 Disqualification for offices, removal of 
 
 WOOLWICH LOCAL BOARD 
 
 Provisions as to 
 
 PAGE 
 
 ... 179 
 
 ... ?,r,, 38 
 
 ... 9?, 96 
 
 ... 19.3 
 
 27, I'Jl, 192 
 
 87 
 
 92, 156 
 
 ... 156 
 
 96 
 
 112 
 
 S2, 159, 160 
 
 4y, 8-2, 99 
 
 48 
 
 ... 125 
 
 29, 91, 95 
 
 110-ni
 
 APrENDi:s: 
 
 V. o 
 
 'CIRCULAES ISSUED BY THE LOCAL 
 GOVERNMENT BOARD. 
 
 (1.) To THE MkTROPOMTAN VesTRIF.S AND DiSTUTCT BoARDS 
 
 AND TiiK Local Board of AVooL^VI('II. 
 
 (2.) To THE County CouNCirs. — riegulatious as to Inquiries 
 and Notices under the Act. 
 
 (3.) To ALL County Councils, except London County 
 Council, as to bringing the Act into operation, &c., &.c. 
 
 (4.) Statement as to the effect of the Act with respect 
 TO Burial Boards. 
 
 * Reprinted as an Appendix to the " Parish Councils Guide '' by speciiU. 
 permission of the Controller of Uor Majesty's Stationery Offices.
 
 227 
 
 C'lrciilar. 
 
 Metropolitan Vedries and District Boarrh 
 
 and tlip. Loral Unard of Wo(diricIt. 
 
 Local Government Act, 1894. 
 
 (56 & 57 Vict. e. 73.) 
 
 Local Government Boartl, 
 
 Whitehall, S.W., 
 
 19th March, 1894. 
 Sir, 
 
 I ara directed hy the Local Government Board to draw attention to 
 certain provisions of the Local Government Act, 1894, affectiuj^ tlio 
 Vestries and District Boards elected under the Metropolis Management 
 Acts, and the Local Board of Woolwich. 
 
 Section 81 directs that the provisions of the Act with respect to tho 
 qualitication of the electors of urban district councillors, and of the persons 
 to be elected, and with respect to the mode of conduclinj^ the election, 
 sliall apply as if members of the local board of Woolwich, and the vestries 
 elected under the Metropolis Mauajjement Acts, 1855 to 181)0, or any Act 
 amending those Acts, and the auditors for parishes elected under those 
 Acts were urban district councillors. So far as respects the qualiiicatiou 
 of persons to be elected, the provisions referred to are also to ai)|)Iy as if 
 members of the district boards under those Acts were urban district 
 councillors ; but in other respects the election of members of district 
 boards will be conducted as heretofore. 
 
 Under the operation of section 31 of the new Act the electors of tlie 
 members of the local board of Woolwich, of the vestries under tho 
 Metrojiolis Manaj^emeut Acts, and of the auditors elected under section 
 11 of the Metropolis Management Act, 1855, will be respectively the 
 parochial electors of the parish of Woolwich and of the parishes for which 
 vestries are elected. Where the area under the jurisdiction of any of the 
 authorities mentioned is divided into wards, the electors for each ward 
 will be such of the parochial electors as are registered in respecc of 
 ([ualitications witiiin the ward. (Section '23 (3)). The expression 
 '•parochial elector" when used with rcfirrence to a parish iii the county of 
 Loudon is defined by section 75 to mean any person who would be a 
 parochial elector of the parish if it were a rural pari><h, and the parochial 
 electors in a rural parish will under sectioa '2 be the persons registered in 
 such portion either of the local government register of electors or of tho 
 parliamentary register of electors as relates to the parish. Section 44 of 
 the Act provides tor the manner in which the register of the parochial 
 electors of a parish is to be formed. 
 
 With respect to the persons to be elected as urban district councillors, 
 it is proviiied by sub-section (2) of section '23 that a person shall not be 
 qualified to bo elected or to be a couucillor unless be is a parochial elector 
 of some parislt within the district, or lias during the whole of the twelve 
 months preceding tho election rcaided in tho di&trict, and no person shall
 
 228 
 
 1)0 (lisqnalifiecl by s^x or marriage for being electerl or being a councillor. 
 Tbis provision is made applicable to members of tlie local board and the 
 vestries and district boards, and to tlie auditors for parisbes, by section 31 
 of tbe Act. 
 
 In connexion witb tbe qualification of persons to be elected, reference 
 sbould be made to tbe provisions relating to tbe disqualification of a 
 person for being elected or being a member of a district council, contained 
 m section 46 of tbe Act, wbicb by sub-section (9) is made applicable in tbe 
 case of any autbority wbose members are elected in accordance with tbe 
 Act, in like manner as if that autbority were a district council, and in tbo 
 case of London auditors as if they were members of a district council. 
 
 An election under tbe Act will be conducted according to rules to be 
 framed by tbe Local Government Board. (Section 23 (5) and section 48). 
 If tbere is a poll it will have to be taken by ballot. 
 
 Copies of the rules for regulating tbe elections will be forwarded to you 
 when they are issued. 
 
 Tbe expenses of any election under tbe Act are not to exceed the scale 
 fixed by tbe county council, but if at the beginning of one month before 
 tbe first election tbe county council have not framed a scale, tbe Board 
 may do so, and tbe scale thus framed will apply to tbe first election and 
 will have effect as if it had been made by the county council. (Section 
 48 (7;). 
 
 Tbe Elections (Hours of Poll) Act, 1885, will apply to elections of 
 members of vestries under the Metropolis Management Acts. (Section 
 31(1)). 
 
 Sub-section (5) of section 48 provides that if any difficulty arises as 
 respects tbe election of any individual member of tbe local board, or 
 vestry, or auditor, and tbere is no provision for holding another election, 
 tbe county council may order a new election to be held and give such 
 directions as may be necessary for the purpose of holding the election. 
 
 The Act also provides that if any difficulty arises with respect to the 
 holding of tbe first election of members of the local board or any vestry, 
 or of auditors, or to the first meeting of the local board or vestry, or if, 
 from no election being held or an election being defective or otherwise, 
 the first local board or vestry has not been properly constituted or there 
 are no auditors under the Metropolis Management Acts, 1855 to 1890, or 
 an insuflicient number, properly elected, the county council may by order 
 make any appointment or do anything which appears to them necessary 
 or expedient for the proper holding of any such first election and properly 
 constituting the local board, or vestry or auditors, and may, if it appears 
 to them necessary, direct the holding of a meeting or election, and fix tlie 
 dates for any such meeting or election. Any such order may modify tbe 
 provisions of tbe Act, and the enactments applied bj', or rules framed 
 under it, so far as may appear to tbe county council necessary or expedient 
 for carrying the order into effect. (Section 80 (1)). 
 
 Section 84 provides that the first elections under the Act shall be held 
 on tbe 8th of November next, or such later date or dates in the present 
 year as the Board may fix, and that the persons elected shall come into 
 office on the second Thursday next after their election, or such other day 
 not more than seven days earlier or later as may be fixed by or in 
 pursuance of the rules made by the Board under the Act in relation to 
 their election. 
 
 By Section 79 persons who, at the passing of the Act, are members of 
 the local board and of any vestry under the Metropolis Management Acts, 
 or are auditors under those Acts, are continued in office until the day on 
 which the first members and auditors elected under the Act come into 
 office, as if the term of office for which they were elected expired on that 
 da}-, and consequently the usual annual election of such members aud
 
 •^ '^ «/ 
 
 au'^itorp rrspectivc;ly will not take place uuLil the day appoioted for tlio 
 lirst elections muier the Act. Umler sub-sectious (3) aud (10) of the 
 Bcction, the first annual retirement of menibcrs of tlje local board aud 
 vestries lirst ducted under the Act will take place at the date of the 
 annual election in the year IH'JB; and subsection (C) provides how tlio 
 members who are to retire in Ib'.iG and 18'J7, respectively, are to be 
 determined. ]'jxccpt as regards the present year, the dates for the 
 annual elections will not be altered by the Act; but, as indicated above, 
 there will be no annual elciction in 18'J;j. 
 
 The existiu" local board aud the existinj^ vestries are required to take 
 the necessarj' measures for the conduct of the lirst elections under the Act 
 of members of the local board and of the vestries respectively, iucludin;^ 
 fiJiy apixjintinont of roturniuf^ ollicurs reipiiKxl by rules made by tho 
 Board under the Act. (S( ction 7*J (1) and (lU)j. 
 
 After the vestrymen first elected under the Act come into otlice, no 
 person is cr-ofUdo to be chairman of any of the vestries under the 
 Metropolis Maua^'oment Acts (section 31 (1)), but each of tiie vestries, 
 except those electing district boards, and each of the district boards aud 
 the local board of Woolwich must, at their first meeting after the annual 
 election of members, elect a chairman for the year, and the chairman so 
 elected will, unless a woman or personally disqualified by any Act, be by 
 virtue of his otlice a justice of the peace for the county of Loudon, hue 
 before acting as such justice he must, if he has not already done so, take 
 the oaths required by law to be taken by a justice of the peace, other thau 
 the oath respecting the qualification by estate. (Sections '22 and '.M (2)). 
 
 The provisions of section 41 of the Metropolis Management Act, Iboj, 
 enabling a district board to elect a chairman of the meeting, will apply 
 only in the case of the absence of the chairman of the district board 
 elected under the new Act. (Section 31 (2)). 
 
 Nothing in any local and personal Act is to prevent any vestry in the 
 county of London from holding its meeting at such time as may bo 
 directed by the vestry. (Section 31 (3)). 
 
 Certain provisions of the Metropolis Management Acts which are incon- 
 sistent with or are superseded by the provisions above referred to, are 
 repealed by section 8'J aud the Second Schedule to the new Act. 
 
 I am, Sir, 
 
 Your obedient Servant, 
 
 HUGH OWEN, 
 
 Secretary. 
 
 The Clerk to the Vestry or District Hoard 
 or to the Lccal Board of Woolwich.
 
 2-30 
 
 Local Government Act, 1888, 
 
 and 
 Local Government Act, 1894. 
 
 -RegulatioDS as to Inquiries and Notices during 1S94. 
 
 Co tI)C COUntp Councils! for the several 
 Administrative Codnties in England and V/ales :— 
 
 And to all others ■udiom it may concern. 
 
 WHEKEAS by subsections (1), (2), and (3) of Section 57 of the Local 
 Government Act, 1888, it is enacted as follows : — 
 
 '• (1.) Whenever a county council is satisfied that a prima facie case 
 "is made out as respects any county district not a Ijorou^h. or as 
 '•respects any j)aris]i, for a i^ro^josal for all or any of the following 
 " things ; that is to say, — 
 
 " ('0 the alteration or definition of the boundary thereof ; 
 
 " (6) the division thereof or the union thereof with an}"- other such 
 " district or districts, parish or parishes, or the transfer of pare 
 " of a parish to another parish ; 
 
 " (r) the conversion of any such district or part thereof, if it is 
 " a rural district, into an urban district, and if it is an urban 
 " district, into a rural district, or the transfer of the whole or 
 " any jDart of any such district from one district to another, 
 " and the formation of new urban or rural districts ; 
 
 " (c7) the division of an urban district into wards ; and 
 
 " {(') the alteration of the number of wards, or of the boundaries 
 "of any ward, or of the number of members of any district 
 " council, or of the apportionment of such members among the 
 " wards, 
 
 '■ the county council may cause such inquiry to be made in the 
 ''locality, and such notice to be given, both in the locahty, and to 
 "the Local Government Board, Education Department, or other 
 " Government department as may be prescribed, and such other 
 "inquiry and notices (if any) as they think fit, and if satisfied that 
 " such proposal is desirable, may make an order for the same 
 " accordingly.
 
 231 
 
 " (2.) Notice of tt'O j)rovi.sions of tlio order sliall bo ^iven, and 
 •'copies thereof shall be supplied iu tho prescribed manner, and 
 "otlicrwiso as tlio county council tliiiik fib, and if it relates to tli(! 
 "division of a district into wards, or tlie alteration of the number of 
 " wards or of the boundaries of a ward, or of the number of the 
 "members of a district council, or of tlie apportionment of the 
 " members amon^ tho wards, shall como into operation upon beiuj^ 
 " finally approved by the county council. 
 
 " (3.) In any other case the order sliall be submitted to the Local 
 " riovernmeut Board; and if within three months after such notion 
 "of tho provisions of the order as tlie Local Government Board 
 "determine to be the first notice, the council of any district affected 
 "by the order, or any number of county electors rej^istered in that 
 "district or in any ward of that district, not being less than one- 
 " sixtli of the total number of electors in tliat district or ward, 
 " or if the order relates only to a parish, any number of county 
 "electors registered in that parish, not being less than one-sixtli 
 " of the total number of electors in that parish, petition the Local 
 " Goveriinicnt Board to disallow the order, the Local Government 
 "Board shall cause to be made a local inquiry, and determine whether 
 " the order is to be confirmed or not." 
 
 And wliereas by sub-section (4) of Section 87 of tlie said Act it is 
 enacted that — 
 
 " "Where any matter is authorised or required by this Act to bo 
 "prescribed, and no other provision is made, declaring bow the same 
 '"is to be prescribed, the same sliall be prescribed from time to 
 " time by the Local Government Board." 
 
 And whereas We, the Local Government Board, by an Order dated the 
 14th day of September, 1889, prescribed certain Begulations with respect 
 to the Inquiries to be made and the Notices to be given for the purposes 
 of the said Section 57 of the Local Government Act, 1888, the manner of 
 giving such Notices, and the several other matters to be prescribed and 
 determined for the purposes of the said Section ; 
 
 And whereas by Part III. of the Local Government Act, 1894, power is 
 g'veu to County Councils to make various Orders iu relation to areas and 
 boundaries and other matters as therein mentioned ; 
 
 And whereas by sul)-soctions (10) and (11) of Section 3G of the said Act, 
 which is included in Part III. thereof, it is enacted that — 
 
 "(10.) Subject to the provisions of this Act, any order made 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 anj' board of guardians affected by au 
 "order shall have the same right of petitioning against that order as 
 "is given by that section to any other authority. 
 
 "(11.) "Where any of tho areas referred to in section fifty-seven of 
 'the Local Government Act, 1888, is situate in two or more counties, 
 " or the alteration of any such area would alter the boundaries of 
 " a poor law imion 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 Lave and to have always had
 
 232 
 
 " power to make orders under that section with respect to that area ; 
 " and where at the passing of this Act a rural sanitary district or 
 " parish is situate in more than one county, a joint committee of 
 "the councils of those counties shall act under this section." 
 
 And whereas by Section 41 of the said Act it is enacted that — 
 
 "The time for petitioning against an order under section fifty-seven 
 "of the Local Government Act, 1888, shall be six weeks instead 
 "of three mouths after the noticQ referred to in subsection three 
 " of that section." 
 
 And whereas by sub-section (2) of Section 83 of the said Act it is 
 enacted that — 
 
 " The Local Government Board shall make regulations for expe- 
 " diting and simplifying the ^jrocedure under section fifty-seven of 
 "the Local Government Act, 1888, in all cases in the year one 
 " thousand eight hundred and ninety-four, for the purpose of bringing 
 " this Act into immediate operation, and such regulations may 
 "dispense with the final approval of an order by the county council 
 " in cases where the prescribed notice of the proposed order has been 
 " given before it is made by the coimty council." 
 
 And whereas by Section 75 of the said Act it is enacted that, in that 
 Act, unless the context otherwise requires, the expression "prescribed" 
 means prescribed by Order of the Local Government Board ; 
 
 And whereas by Section 83 of the said Act it is enacted that a County 
 Council may delegate their powers under the Act to a Committee : 
 
 NOW THEREFORE, We, the Local Government Board, in pursuance of 
 the powers given to Us in that behalf, by this Our Order make the Regula- 
 tions following for expediting and simplifying the procedure under Section 
 57 of the Local Government Act, 1888, in all cases in the year One 
 thousand eight hundred and ninety-four, for the purpose of bringing 
 the said Local Government Act, 1894, into immediate operation, and 
 do Prescribe and Determine as follows ; that is to say, — 
 
 Article 1. — This Order shall, unless We shall otherwise direct, regulate 
 the procedure under Section 57 of the Local Government Act, 1888, in all 
 cases in the year One thousand eight hundred and ninetj'-four, for the 
 purpose of bringing the Local Government Act, 1894, into immediate 
 operation, except cases in which Notice of a local Inquiry has been given 
 l)efore the date of this Order; and the said Order dated the Fourteenth 
 tlay of September, One thousand eight hundred and eighty-nine, shall not 
 apply in any case to which this Order applies. 
 
 Article II. — (1.) A local Inquiry, at which all persons interested may 
 attend and be heard, shall, prior to any Order being made by a County 
 Council under Section 57 of the Local Government Act, 1888, be held 
 in regard to the proposal, either by a Committee of the County Council, 
 or by some Person appointed by the County Council to hold such Inquiry, 
 as the Council may direct. 
 
 (2.) The said Inquiry shall, unless the County Council otherwise 
 determine, be held at some convenient place in the County District, or in 
 one of the County Districts, proposed to be c^ealt with, or in the County
 
 233 
 
 District within wliiclj is situate the Pi'.iish, or one of tlio Parishes, 
 jjruposed to be dealt witli, or at such place in the uei^hl)ourhoo(l as 
 may, in the opiiiioti of the Conimitti'O or Ptasou by wlium the Inquiry ij 
 to be licld, be most couveuicut for the purpose. 
 
 I'd.) At least ten days before the day wlicn the Inquiry is to bo held, 
 public Notice of the purjiort of tho proi)osal, and of the <lay, tiniey. 
 Hud plnce fixed for the Imiinry in roj^anl to it, «hall be i^ivtu by the County 
 Council by advertisement in some local newspaper, circulating iu tho 
 locality to which the proposal relates. 
 
 Article III. — At least ten days before the day wheniany such local 
 luipiir}' is to be held, a printed Notice of tho pur^iort of the proposal, ami 
 of the day, time, and place for the Inquiry shall also be published iu the 
 manner herein-after prt scribed, and shall be sent to the several Govern- 
 ment Dopartments and Local or. other Authorities hereiu-afler si)eciiied ; 
 lliaC is lo sa}', — 
 
 (1.) A cop J' of the said Notice shall be posted as a bill or placard in 
 such places in the County District or Districts or Parish or 
 Parisluis interested in the proposal as are ordinarily made uso of 
 lor postiuj^ public or parochial notices. 
 
 (2 ) In any case where the proposal relates to the alteration of or 
 other dealing with any SanitHi-y District, a copy of tho Notion 
 shall be sent by the County Council to the S-ani.ary Authority of 
 such District. 
 
 (3.) In any case where the proposal relates to the alteration of 
 or other dealing with any Parish a copy of the Notice shall 
 be sent by the County Council to the Overseers of the Poor of 
 such Parish ; to the Guardians of the Poor of the Union iu which 
 such Parish is compriseil ; to the School Board (if auyt for such 
 Parish or lor any part thereof; to the Highway Authority or 
 Authorities of tho Parish; to the Burial Board (if any) for such 
 Palish or for any i)art thereof; and to the Uibm Sanitary 
 Authority (if any) in whose district such PuribU or- any paiS 
 thereof is comprised. 
 
 (4'.) A copy of tho Notice shall be srnt by the County Council 
 to any Local Authority which, in the (>piniou of tho County 
 Council, is specially interested in tho proposal. 
 
 (5.) A copy of every such Notice shall be sent by the County 
 Cinnicil to the Local GoNcrnmcnt board; and in any case whero 
 the proposal relates to the alteration of any area of local 
 poverunieut a copy of the Notice shall be sent by the County 
 Council to the Board of- Agriculture, the Public Works Loan 
 Conimissiouers, the Director General of the Ordnance Survey at 
 Southampton, and to the Registrar General ; and in auj* case 
 where the proposal rtlates to the alteration or definition of the 
 boundary of any Parish a copy of tho Notice shall bo scut to tho 
 Education Depaitment. 
 
 Aeticlk IV. — (1.) If the case is one in. wliioh any Order made by 
 a County Council under Sertiou 57 of the Local Government Act, 188S, 
 itquires coulirmation by the Local Government Hoard, public Notice 
 of tho pro\isionsof any such Order made by u County Council shall be
 
 23-i 
 
 given by the County Council by advertisement in some local newspaper 
 circulating in each District or Parish affected by the Order ; and such 
 advertisement shall be published within ten days after the making of 
 the Order. 
 
 (2.) If the case is one in which any Order made by a County Council 
 nniier Section 57 of the Local Government Act, 1888, does not require 
 confirmation by the Local (joverumeut Board, public Notice of t'ae 
 proposed Order shall, affer the Inquiry required by Article II. hereof has 
 been held, and not less than twenty-oue days before the Meeting of 
 tlie County Council at which the Order is proposed to be made, be 
 given by the Clerk to the County Council by advertisement in some 
 local newspaper circulating in each District affected by the Order. 
 
 (3.) Any advertisement issued in pursuance of this Article shall contain 
 either a copy of the (Jrder, or proposed Order, as the case may be, 
 or a statement of the effect of tlie Order, or proposed Order, and shall 
 a! so contain a statement of the time and j)lace or places during and at 
 Avhich copies of the Order, or proposed Order, may be inspected by any 
 owner or ratepayer in any area affected by the Order, or proposed Order, 
 during a period of fourteen days from the date of the publication of such 
 advertisement, and the Order, or proposed Order, shall be open for such 
 inspection during such period. 
 
 (4.) There sliall be appended to any proposed Order or Statement 
 of a proposed Order advertised or deposited for inspection in jmrsuance of 
 this Article, a Notice to the effect that any person interested in the 
 proposed Order who objects thereto may attend and be heard at a 
 Meeting of the County Council to be held on a day and at a time which 
 shall be mentioned in tbe Notice if, not less than three days before 
 the date of the Meeting, he sends to the Clerk of the Council a statement 
 in writing of the nature of his objection. 
 
 Article V. — (1.) A copy of any Order made or proposed to be made 
 by a County Council as aforesaid shall, at any time while copies of the 
 Order, or proposed Order, are open to inspection as aforesaid, and in the 
 case of an Order which rcquii!«s to be confirmed by the Local Govern- 
 ment Board, at any time before the expiration of six weeks from the 
 publication of the advertisement in pursuance of Article IV. (1.) hereof, 
 be supplied by the Clerk to the County Council to any owner or ratepayer 
 in any area affected by tlie Order, or proposed Order, upon payment by 
 such owuer or ratepayer of a suna not exceeding threepence for each 
 hundred words of manuscript if the copy of the Order, or proposed Order, 
 be in writing, or upon payment of a sum not exceeding threepence for a 
 printed copy of the Order, or proposed Order. 
 
 (2.) A copy of a proposed Order supplied in pursuance of this Article 
 shall contain a Notice to the effect specified in Article IV. (4.) hereof. 
 
 Ar.TicLE VJ. — On or before tlie date of the publication in pursuance of 
 Article IV. (1.) hereof of the advertisement of tlie provisions of any 
 Order made as aforesaid and requiring confirmation by the Local Govern- 
 ment Board, three copies of the Order shall be forwarded to the Local 
 Government Board and to each of the other Government Departments to 
 Avhom a copy of tlie Notice of the Inquiry relative to the proposed Order 
 was, by Article III. hereof, required to be sent; a copy of the Order shall 
 also be sent to each of the Local or other Authorities to whom a copy 
 of such Notice was so required to be bent, and a copy shall also be posted
 
 235 
 
 in likn inannor as the Notico of tlio Inquiry Tvas, in pursuance of the 
 eamo Article, required to bo posted. 
 
 Aii'iici,!'; VTI. — The advertisement in jiursuauce of Article IV. (1.) hereof 
 of the jirovisions of any Order made l)y a County Council under Sectiiju '>7 
 of tlio Local Government Act, 18H8, and rwjuirinf^ confirmation by tho 
 Local Government Board, shall bo deemed to bo the ''first notice" for 
 the purposes of Su1)-section (."5) of that Sectiou as amended by Section 40 
 of tho Local Government Act, 1894. 
 
 Articlk VIII. — (L) Tf the case is one in which any Order made under 
 Section 57 of tho Local Government Act, 1888, does not require confirma- 
 tion by the Local Government ]>oard, a copy of the proposed Order shall, 
 on or I)efore the date of the publication in pursuance of Article IV. (2.) 
 hereof of the advertisement of the provisions of the x>i"0posed Order, bo 
 sent to each of the Local or otlier Authorities to whom a copy of tho 
 Notic(3 of the ln(]uiry relative to the proposed Order was, by Article III. 
 hereof, re<piired to be sent, and a copy shall also be posted in like manner 
 as the Notice of tho Inquiry was, in pursuance of the same Article, 
 required to be posted. 
 
 (2.) Any such copy shall contain a notico to tho effect specified in 
 Article IV. (4.) hereof. 
 
 (B.) The final approval of the County Council of any such Order may 
 be dispensed with, if tlie requirements of Article IV. hereof and of this 
 Article have been complied with. 
 
 (4.) When any such Order has been made by a County Council threo 
 co])ies thereof shall forthwith be forwarded to the Local Government 
 Board and to each of the other Government Departments to whom a copy 
 of tho Notice of the Inquiry was required by Article IIL hereof to bo 
 sent, and a copy of the Order shall also be at the same time sent to each 
 of the Local or other Authorities to whom a copy of such Notice was so 
 required to be sent. 
 
 Ar.TU'LE IX.— The expression "County Council" in this Order shnll 
 include a Committee to whom the County Council have delcgatt'd their 
 powers under the Local Government Act, 1894, and also a Joint Com- 
 mittee appointed by any County Councils of Administrative Counties for 
 the purpose of dealin-:! with any case or cases in wliich such Councils aro 
 jointly interested, and, in any such last-nuMitioncul case, references in 
 tliis Order to the County shall be deemed to refer to either of the 
 Counties interested, and references to the Clerk to the County Council 
 to any person acting as Clerk to the .Joint Committee or appoint, d by 
 sucii Committee to discharge the duties of the Clerk to a County Council 
 under this order. 
 
 Given under the Seal of Office of the Locnl Governmrut 
 l>oard, this Twenty-second day of March, in the year Ouo 
 thousand eij;ht hundred and ninety-four. 
 
 nUGIT OWF.N, 
 
 iSecrctanj, 
 
 G. SIIAW LEFEVRE, 
 
 I'nxiilent.
 
 236 
 
 Cirnilar. 
 
 Cuuntij Councils, except the T.nnilnv CmniU/ Council. 
 
 Local Government Act, 1894. 
 
 (56 & 57 Vict. c. 73.) 
 
 Local Government Board, 
 
 AVLitehall, S.W., 
 
 2iDli March, 1894. 
 Sir, 
 
 I am rlirecfced by the Local Government Board to draw the attention 
 of the County Council to certain provisions of the Local Government Act, 
 18'J4, and especially to those under which powers and duties will devolve 
 on the Count J' Council for the purj)0se of hringmg the Act into operation 
 within the county. 
 
 Every parish in a rural sanitary district, and in the case of a jjarish 
 which IS partly within a rural sanitary district, the part within such 
 district, will be for the purposes of the Act a rural parish. For every rural 
 ]iarisli there will be a parish meeting, and for every rural parish which 
 according to the census of 1891 has a population of 800 or upwards there 
 will be a parish council, which will be elected by the parliamentary and 
 county electors registered in the portions of the parliamentary aud county 
 registers relating to the parish. The parish meeting will consist of these 
 persons, who are in the Act described as the parochial electors. 
 
 It is not necessary for the present purpose to set out all the powers 
 which will be possessed by a parish council, but in connection with the 
 duties that will devolve on the county council, it maybe noticed that most 
 of the powers of the vestry, in other than ecclesiastical affairs, will be 
 transferred to the parish council, and that where the Lighting and Watch- 
 iug Act, IS'd'd, and Baths aud Washhouses Acts, 1846 to 1882, the 
 Burial Acts, 1852 to 1885, the Public Improvements Act, 1860, and the 
 Public Lil)raries Act, 1892, or any of these Acts (which are referred to as 
 the ado^jtive Acts), have been put in force in a rural j)arish before the 
 parish council come into office, that council will be the authoritj" for 
 executing the Acts, if they are in force in the whole of the parish. Section 
 5'6 of the Act provides means whereby the parish council may become such 
 authority in a case where the Acts are in force in part of tbe parish only. 
 
 The Act makes important alterations in the qualiticatiou, mode of elec- 
 ticii, aud retirement of guardians, and confers on county councils new 
 powers in relation to certain matters connected with this subject, which 
 will be explained in a latter part of this circular. 
 
 Urban sanitary authorities will as from the appointed day be called 
 urban district councils, and their districts will be called urban districts, 
 but the style or title of a town council will not be altered. Tlie mode of 
 elfrction of urban district councillors will, except in a borough, differ from 
 that at present in force, and certain powers are given to county councils in 
 connection with the ratirement of urban district councillors. These will 
 be referred to hereafter. 
 
 For every existing rural sanitary district wholly comprised in one 
 county there will be a lurai dioliicb council, whose didlrict will be called
 
 237 
 
 a rural district, and wliero a rural sanitary ilistrict is sitnato in •iioro tliau 
 ono county, such portion of it as is situato in eacli comity will, save as 
 otherwise provided iu pursuance of ihe Act, or of any otlier Act, ho as from 
 the appointed day a rural district. District councillors will he elected for 
 every ])arish or other area for the election of guardians in a rural district. 
 They will l)e elected hy the parociiial electors, and will 1)0 the representa- 
 tives of that parish or area on the hoard of guardians, and guardians as 
 such will not he elected for that parish or area. 
 
 The ]trovisions of the Act with res[)cct to the qiialification, election, 
 term of ollice, and retirenicnt of guardians will apply to rural district 
 councillors. Hence the powers of tlie county council in relation to tiieso 
 matters, so far as guardians are concerned, will apply in the case of rural 
 district councillors also. 
 
 Rural district councils will bo substituted for rural sanitary authorities, 
 and will have all the powers and duties of those authorities. They will 
 have certain new powers and duties under the Act, but except in connection 
 with liighways, it is unnecessary to draw the attention of the county 
 council to any of these powers or duties. The provisions as to higliwaj^s 
 are dealt with in a later part of this circular. 
 
 The provisions which should first receive the attention of the county 
 council are those contained iu Part III. of the Act, which relate to areas 
 and boundaries. 
 
 The Act contemplates tliat every parish and, as a general rule, every 
 rural district shall be wholly within one administrative county, and that, 
 also as a general rule, every parish shall be wholly within one rural or 
 urban district. With a view to secure this result, and to provide for the 
 settling of incidental administrative arrangements consequent on the alter- 
 ations of areas which arc made by the Act itself, very important duties 
 Lave been imposed on county councils. 
 
 Section 83 makes it the duty of every county council to exercise all such 
 of their powers as may be requisite for bringing the Act into full operation 
 within their county as soon as may be after the passing of the Act. 
 
 The first elections under the Act are to be held on the 8th November 
 next, or such later date or dates in the i)resent j-ear as the Board may fix, 
 and the persons elected are to come into office on the second Tliursdav 
 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 rules made by the 
 Board under the Act iu relation to their election. (Section 84). It is 
 iuq)ortant that alterations wliich may affect the preparation of the lists of 
 voters should be made sufficiently early to enable the lists to be properly 
 prepared, and it is consequently provided bv sub-section (3) of section 8-i 
 that every division into wards or alteration of the boundaries of any parish 
 or union or district wliich is to affect the first election shall, if parishes or 
 parts for whicli the registers of ])arochial electors will be made are atfected, 
 be made, so far as practicable, before the 1st of July next. 
 
 Many of the provisions of the Act referred to in this circular are to take 
 effect from the " appointed ilay." Subject as mentioned iu the .-Vet, this 
 day, for the purpose of elections, is defined as the day or respective days 
 fixed for the lirst elections under the Act, or such prior day as mav bo 
 necessary for tlie purposes of giving notices or doing other acts preliminary 
 to such elections, and for the jiurpose of t\\v. powers, duties, ami liabilities 
 of councils or other bodies elected under the Act, or other matters nob 
 siiecitically mentioned, it will be the day ou which the members first 
 elected come into ollice. 
 
 The powers and duties of county councils, so far as they may have to be 
 exercised either before or in connection with the first elections may bo 
 classified under the following heads :— I. — Areas and boundaries. 11. — 
 Parish Councils. III.— Guardians and District Councillors. IV.— High- 
 ways. V. — Miscellaneous.
 
 238 
 
 I. — Areas and Boundaries. 
 
 Sub-section (1) of section 36 provides as follows : — 
 
 " "or the purpose of carrying this Act into effect in the case of — 
 
 (rt) every parish and rural sanitary district which at the passing of 
 this Act is situate partly within and partly without an adminis- 
 trative county ; and 
 {!>) every parish which at the passing; of this 4ct is situate partly 
 
 within and jiaitly without a sanitary district; aud 
 ('•) every rural parish containing a population of less than 200 ; and 
 ((/) every rural sanitary district wliich at the passing of this Act has 
 less than live elective guardians capahle of acting and voting as 
 members of the rural sanitary authority of the district; and 
 {{') every rural parish which is co-extensive with a rural sanitary 
 district ; 
 every county council sliall forthwith take into consideration every such 
 case within their county ; aud whether anj' proposal has or has not been 
 made as mentioned in section o7 of the Local Government Act, 1888, shall 
 as soon as practicable, in accordance with that section, cause inquiries to 
 be made aud notices given, and make such orders, if any, as they deem 
 most suitable for carrying into effect the present Act in accordance with 
 the following provisions, namelj- : — 
 
 (i.) The whole of each parish, and, unless the countj^ council for sj)ecial 
 reasons otherwise direct, the whole of each rural district shall be 
 within the same administrative county ; 
 (ii,) The whole of each parish shall, unless the county council for special 
 reasons otherwise direct, be within the same county district ; aud 
 (iii.) Every rural district which will have less than live elected council- 
 lors shall, unless for special reasons the couutj^ council otherwise 
 direct, be united to some neighbouring district or districts. 
 By sub-section (11) of section 36 it is provided that, where at the passing 
 of the Act a rural sanitary district or parish is situate in more than one 
 county, a joint committee of the councils of the several counties comprising 
 the district or parish shall act under the section. The appointment by 
 each county council of representatives on the joint committee is to be 
 made within two mouths after request from any other of the councils 
 interested. If any of the councils fail to appoint members of the com- 
 mittee within that period, the members actually appointed are to act. 
 Any question relating to the constitution or procedure of the joint com- 
 mittee as to which the councils concerned are unable to agree, is to be 
 determined by the board. 
 
 The first case mentioned in section 36 is that of a parish in more than 
 one administrative couutj\ In many instances of this kind the rural 
 district wiil also be in more than one county, and the Board have dealt 
 with them later on, in their remarks on cases where the rural district is so 
 situate. 
 
 Tlie countj' council will also have to consider the case of any parish 
 which is not ■s\holly contained within one sanitary district, and these cases 
 include some in ■uhich the parish is in more than one county also. If at 
 the passing of the Act, a parish is partly within and partly without a rural 
 sanitary district, that is to say, is partly in such a district and partly in an 
 urban district, and no action is taken by the countj' council prior to the 
 appointed day, the j)arish will as from that date be divided bj' the Act, 
 the part within the rural district and the x^art without being constituted 
 separate parishes by sub-section (3) of section 1. 
 
 Where the part outside the rural district is comprised in more than one 
 urban district, the provisions of sub-section ("2) of section 36 referred to 
 below will apply to it.
 
 2'V.) 
 
 If tlio rural part of tlio parish is decniod too small to form a separate 
 parihli, tlio county council should consider whethur it could properly bo 
 united with some other rural parish. It would, however, bo competent io 
 the county council, it the circumstances justified it, by au order under 
 sectiou i>7 of the Act of 1S8H, to extend any urbau district, not bein^^ a 
 borouyh. containing part of tho parish, so as to include the rural part of 
 the parish. 
 
 If a i)arish is situate in two or more urban districts, the part in each 
 urban district will, unli;ss tiie county council otherwise direct, and subjeci 
 to any alteration of area made by or iu jjursuauce of the new Act or of any 
 other Act, become as from tlie appointed day, a se[)arate parish. (Sectiou 
 oO {-l}). The county council cau either alter the boundary between tho 
 urban districts, if neither of tlujuj is a borouf^h, so as to include the whole 
 l)arish within one district, or direct that the parish and urban districts 
 sliall remain unaltered, but the latter course would be opposed to the 
 {general scheme of the Act, and can only properly be adopted where there 
 are special reasons for it. These observations aj)ply equally to the urbau 
 part of a parish situate partly iu a rural aud partly iu two or more urbau 
 districts. In auy case, such as those mentioned above, where the parish 
 is situated partly in a borouj^h, tho boundary of the borou<ih could bo 
 altered by an order of the Board under sectiou 54 of the Local Government 
 Act, 1S8S. The couuty council or a joint committee could not properly 
 make au order which would place or leave a parish in more than one 
 couuty. It would be inconsisteut with the Local Government Act, 1888,. 
 that au urbau district should be in more than one countJ^ 
 
 Where a parish is divided by the Act iuto two or more new parishes, 
 sul)-sectiou (',)) of section BG directs that those parishes shall, until it is 
 oiherwise provided, be iucluded iu the same poor law union in which tho 
 orij^inal parish was iucluded, and sub-section (1) of sectiou 79 directs that, 
 subject to any order made by the couuty council, there shall be ouo 
 guardian, and iu the case of a new i)arish iu a rural district, cue districc 
 cv uncillor for each of the new parishes. Mauy of the parishes which will 
 be divided by the Act are at present entitled to more than two "guardians, 
 aud not only in these cases, but in every other to which the above pro- 
 vision applies, the county council may be called ui)on to make an order as 
 to the future representation of the new parishes. 
 
 The county couucil will have power to <^ive names to the new parishes 
 formed by the Act, although no order for auy alteration of area has been 
 made by them. (Section 55 (2j). 
 
 It is proviiled by sub-section (11) of section 79 of the new Act that tho 
 overseers of any parish divided by the Act shall, uutil the lirst appoint- 
 ment of overseers uext after the appoiuted day, continue in office as if 
 they were overseers of each part of the parish, which by reason of such 
 division becomes a separate parish. 
 
 The case of parishes with a population under 100 is dealt with under 
 the head of Parish CouuciUi. 
 
 It is to bo observed that when parishes are divided, and new parishes 
 are constituted by tho Act, w-hcther uuder sectiou 1 (3) or section 30 (2), 
 they are to be separate parishes in like manner as if they had been cousti- 
 tuted separate parishes under the l>ivided Parishes and Poor Law 
 Ameudmeut Act, lb7G, and tho Acts ameudiug the same. Tho formatiou 
 of parishes uuder the Acts referred to has uo effect as rej^ards the cousti- 
 tutiou of school districts without the sauctiou of tho Education Depart- 
 ment. 
 
 Taking next the case of tho rural sanitary districts situate iu more than 
 Olio couuty, the Act provides that where any such district is on tho 
 appointed day situate in more than ouo administrativo county, such por- 
 tion thereof as is situate iu each administrative county shall be as fioui
 
 240 
 
 that i\n\ a rural district, save as otlierwise provided by or in pnrsnancp (i^ 
 this or any other Act. (Section 24 (5)). Unless, therefore, as rej^ards 
 any particular rural snnilary district not wholly comprised Avithiu oue 
 county, a joint couiniitLce of the county councils interested for special 
 reasons otherwise direct, the district will be diviiled by tlie Act. 
 
 In a case wliei'e a rural sanitary district is in more than one county, 
 but none of the parishes in the district overlap the boundary of a»iy 
 county, the first question for consideration will be whether anj^ special 
 reasons exist for directing that the district shall not be divided in the 
 ruanner contemplated by sub-section (5) of section 24. The Act does not 
 define what special reasons may be regai'ded as sufficient for interferiug 
 with the operation of that section, and the discretion of the joint com- 
 mittee of the county councils is, therefore, unfettered in that respect. If 
 it is considered that there are special reasons for not dividing the district, 
 but it is deemed expedient that the boundary betvN^een the counties should 
 be altered so as to include the whole of the district within one countj^ 
 thisalterf.tion can be effected by an order of the Board under section ."i4 of 
 the Local Government Act, 1888. {See .sub-section (5) of section 3G of the 
 new Act). 
 
 If the division of the district is not interfered witli, but the effect of it 
 'U'ould be to create a rural district having less that five elective councillors, 
 the case comes under paragraph (iii.) of sub-section (I) of section oG, 
 which requires that any such district shall, unless for special reasons the 
 county council otherwise direct, be united to some neighbouring district 
 or districts. This applies also to rural districts having less than five 
 elected councillors which already exist, irrespective of eountj' boundaries. 
 If the county council find that there are sufficient reasons for not nnitiug 
 the district to some neighbouring district or districts, as, for instance, in a 
 case' where the severed part is entirely rura,l in character, and there is no 
 other rural district within a convenient distance to which it could be 
 united, they may make an order accordingly, and if the order is confirmed 
 it will devolve on the Board, under sub-section (5) of section 24, to 
 nominate members of the district council in order to make the number up 
 to five, or to take some other action under that .sub-section. 
 
 If no sjiecial reasons to the contrary exist, the council must make an 
 order uniting the district to some neighbouriug district or districts. The 
 Act does not require that the district should necessarily be united to 
 another rural district ; and its provisions would apy>arently be complied 
 with if the district were united to a neighbouring urban district, although 
 irsually, no doubt, the proper course would be to uuite it w^ith a neigh- 
 bouring rural district. Tlie district might, however, be divided by the 
 order of the county council, part being added to one neighbouring 
 district, and part to another. 
 
 In any case where a new rural district is formed by the Act, and in any 
 other case where there is any doubt as to the name of a rural district, the 
 county council will have to direct what shall be the name of the district. 
 
 Cases where a parish within a rural sanitarj^ district overla^^s the 
 boundary of the county will be more complicated. In these cases 
 arrangements must be made to prevent the overlapping of the county 
 boundary by the parish, even if the rural district is allowed to be in more 
 than one county. As a rule, it would seem in these cases that the parish 
 should be divided by order of the county council, but the Act will admit 
 of an alteration of the county boundary if that course seems expedient. 
 
 It is to be borne in mind that the Act itself does not form separate 
 parishes of the parts of a parish situate in different administrative 
 counties. The division under sub-section (5) of section 24 of a rural 
 sanitary district comi)r!siug such a parish will not affect the parish in this 
 respect^ but the pari-sh will have to be divided by order of the county
 
 2!l 
 
 roimcil, iiiilc'SH till; county l)oiiii<lary is altered so as to iiiclinlc the wlioiu 
 of llie parisli in oue county. Wliere a parish is kg divided, tlie order of tlio 
 county council must conLain diicclions as to the numlxir of guardians and 
 district councillors to 1)0 elected for each of tlie new parishes formed by 
 the order. 
 
 The alteration of a rural district ])y or in pursuance of the Act ^111 not 
 affect the area of the j)oor law union witli which at present tlie district is 
 co-oxtensive, or in whicii it is comijrised, hut where tlio alteration of a 
 ])oor law union seems ex[)edieut by reason of any of llje provisions of tho 
 Act, the county coui»cil are empowered by sub-section (G) of section 3G, lo 
 provide by their order for such alteration. 
 
 Where the alteration of tiie hoimdary of a county is doemed expedient 
 for any of the purposes mentioned in section 3(j, application should, an 
 already indicated, be made to the Board for an order und(!r section 54 of 
 the Local (Government Act, 1888. If it is proposed that the boundary of a 
 borou<:^h should be altered for these purposes a like application should be 
 made. (Section 35 (5)). 
 
 Wliere the alteration of the boundary of any parish, or the division 
 thereof, or the union thereof, or of part tlioreof with another parish, seems 
 expedient for any of the purposes of the Act, provision for such alteration, 
 division, or union, may bo made by an order of the county council under 
 section 67 of the Act of 1888. (Section BG (8)). 
 
 The provisions of section .59 of the Local Government Act, 1888. will 
 apply to any order for the purposes of the i)resent Act that may be made 
 under section oT of that Act, and section 6'.» of the new Act ])r()vides that 
 in any case where an alteration of any area is made by the Act, an order 
 may be made by the county council, or, in the case of an area situate in 
 iiioro thnn oue county, by a joint committee of county councils, for any of 
 the matters mentioned in section 59 of the Act of 1888. Under these 
 powers adjustments may be made of any i^roperty, debts, and liabilities 
 affected by the alteration, and directions may be given for effecting any 
 subsidiary arrangements rendered necessary by the alteration. 
 
 Sub-section (12) of section 36 requires that every report made, by the 
 Boundary Commissioners nnder tlie Local Government Boundaries Act, 
 1887, shall bo laid before the council of any administrative county affected 
 by that report, and betore any joint committees of county councils. The 
 sub-section further provides that it shall be the duty of the councils and 
 joint committees to take these reports into consideration before framing 
 any order under the ^lOwers conferred ou them by the Act. The county 
 council will not be bound to give effect to the recommendations of the 
 Commissioners, but the reports in question will be found to be of 
 assistance in arriving at a decision in regard to any matter dealt with 
 therein. 
 
 II. — Parish Councils. 
 
 Under section 3 of the Act the conntv council are required to fix the 
 nnmbcr of councillors to be elected for each rural parish which will have a 
 parish council. The munber is to be not less than 5 nor more than 15, and 
 it should bo fixed sntiicieutly early for proper arrangements to be made tor 
 the candidature of persons desirous of otTering themselves for election at 
 the tirst election. 
 
 In any case where there is any doubt as to the name of the pnrish for 
 which a parish council is elected, the name will 1k> such as the county 
 council, after consultation with the parish meeting, may direct. (Section 
 3 (<))). 
 
 The county council may be applied to by the parisli council, or not less 
 than one-tenth of the parochial electors of a parish, or before the
 
 appointed day by the vestry or a like number of the ratepayers of the 
 jiarish, to divide the ))arish into wards for the purpose of electing parish 
 councillors; and on beiug satisfied that the area or population of the parish 
 is so large, or different parts of the population so situated, as to uiake a 
 single parish nieetiug for the election of councdlors inipracticaMeor incon- 
 venient, or that is desirable for any reason that certain parts of the parish 
 siiould be separately represented on the council, the county council may 
 make an order for the purpose. The order must fix the boundaries of the 
 wards and the number of councillors to be elected for each ward. In 
 iiinkiug the order regard must be had to fihe population according to the 
 last published census for the time being, and to the evidence of any con- 
 siderable 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. (Sections 18 and 84 (ci)). 
 
 Section 1 of the Act provides tor the grouping of two or more parishes 
 tmder a common parish council, subject to the proviso that parishes shall 
 not be grouped without the consent of the several parish meetings. For 
 this purpose the section enacts that an order may bo made by the county 
 council under Part III. of the Act. 
 
 The county council may, with the consent of the parish meetings, make 
 such an order either on their own initiative, or on the application of the 
 parish meeting of any of the parishes proposed to be grouped. If any 
 such application is made, it must be taken into consideration forthwith. 
 (Section 38 (4)j. 
 
 The whole of the parishes to be formed into a group should, as a rule, 
 be within the same county and county district, but if there are special 
 reasons for grouping parishes in adjoining counties or county districts, the 
 cuuuty council may depart from the rule. (Section 38 (2)). 
 
 The order must make provision for the name of the group, and as under 
 section 1 each of the grouped parishes is to have a separate parish meetiug, 
 it must make any necessary provisions as to this also. It is further 
 enacted that a grouping order shall provide for the election in manner 
 piovided by the Act of separate representatives of each parish on the 
 parish council, and that it may provide for the consent of the parish 
 njeeting of a parish to any particular ace of the parish council or for any 
 other adaptations of the Act to the group of parishes, or to the parish 
 meetings in the group. The mode of election of parish councillors is 
 determined by sections 3 and 48. Further, the grouping ortier must provide 
 for the application of the provisions contained in sections 11 and 17 of the 
 Act with respect to the appointment of trustees and beneficiaries of 
 charities, and the custody uf documents, so as to preserve the separate 
 rights of each parish. 
 
 The county council will be empowered to order the establishment of 
 parish councils in rural i^arishes which, according to the Census of 18U1, 
 Lave a population of less than 300. (Section 1). If in the case of a rural 
 parish with less than 3UU but more than 100 inhabitants, the parish 
 meetiug so resolve, the county council must, by an order under Part III. 
 of the Act, provide for the establishment of a parish council. In this case, 
 the county council will have no alternative but to is&ue the order if the 
 necessary resolution is passed. 
 
 In regard to any rural parish with less than 100 inhabitants, the county 
 council may issue an order establishing a parish council, if the paiisli 
 meeting consent, but the parish will have no riglit to demand that a})arish 
 council should be established. The grant of a parish council will be in the 
 discretion of the county council. Subject, however, to the necessity for 
 obtaining the consent of the parish meetiug the county council may act iu 
 these cases on their own initiative ; but if the population of a parish is less 
 than '200 the parish meeting may apply fur a parish council under sub-
 
 213 
 
 spctioii (■[) of section 3R, anl any .such .'ii)[)licaLion inuhit forthwith bo takcu 
 iuto consideration by the comity conncil. 
 
 Wlifro a rural pari^tli is co-oxteiisivo with a rural sanitary district, sub- 
 Bcction (4) of soction oG provides that until tho district is united to sonio 
 other district or districts, and unless the county council otiierwise direct, a 
 Hej)arate election of a parish council shall not be held for the i)arish, bub 
 the district council sliall in addition to tlieir own powers have tiie powers 
 of and be deemed to bo tlie parisli council. In these cases, th'-rcfore, it 
 Avill rest ■with the county council to deteriuine whether the rule laid down 
 iu the sub-section should be departed from ; and iu any such case it will 
 be competent to the county council to make an order directing that a 
 parish council shall bo elected for the parish. There is no .sjx'cial reason, 
 liowevcr, why these cases should be dealt with before the first elections 
 under the Act. 
 
 III. — Guardians avi> District Councillors. 
 
 Under section GO of the Act, the county council will have power to fix or 
 alter the number of j^uardiaus or rural district councillors to be elected for 
 each parish witliin their county, and it is piovided that for those purposes 
 the council may exercise powers of adding' ])arishes to each other ami 
 dividiuf^ 2)arislies iuto wards, similar to those, which by the Acts relating 
 to the relief of the poor are, for the purpose of the election of guardians, 
 vested in the Board. 
 
 The power to add parishes to each other for the purpose of the election 
 of guardians is conferred on the Board by section G of the Poor Law 
 Amendment Act, 18Gy (31 & 82 Vict. c. 122). That section ])rovides that 
 the Board may add any parish in a union, the population of which does not 
 exceed oUO, and the aggregate rateable value of which does not exceed the 
 average rateable value of the parishes iu the same union, to some adjoin- 
 ing parish in the union, for the purpose of the election of guardians. The 
 county council will thus be able to add any such parish, if it is an urban 
 parish, to any other urban parish iu the union, for the purpose of tlio 
 election of guardians, and to add any sucli parish, if it is a rural parish, 
 to any other parish in the rural district for the purpose of the election of 
 rural district councillors ; but they will not be able to add an urban parish 
 to a rural parish, or vicf vtma. 
 
 The power conferred on the Board by the Poor Law Acts to divide 
 parishes into wards for the election of guardians is contained in section 12 
 of the Divided Parishes and Poor Law Amendment Act, 187G (31) & 40 
 Vict. c. Gl), which enables tiie P>oard to divide any parish into wards for 
 the election of guardians and to determine the nundier of guardians to be 
 elected for each ward, due regard being had to the value of the rateable 
 property therein. 
 
 Under sections 20, 24, and GO of the new Act, the county council w ill 
 regulate the retirement of guardians and rural distiict councillors. The 
 tir.-)t of these sections provides generally that the term of ollice of a guardian 
 shall bo three years, and that one-third, as nearly as may be, of evtry 
 Ivnxrd of guardians shall go out of ollice on the ir)th Ai)rii in each year. 
 AVhere, however, the county council on the aiiiilication of a beard of 
 guardians consider that it would be expedient to provide for the simul- 
 taneous retirement of the whole board, they may direct tiiat the members 
 Khali retire together on the 15th April in every third year. Where a union 
 is in more tliau one county, an order for this purpose may bo made by a 
 joint committee of tiie councils of the counties concerned. There are 
 some cases in which at the present time the whole of the guardians retire 
 at the end of every third j'car in pursuance of an order of the Board, auil 
 in these cases the guardians are to continue so to retire, unless the county
 
 244 
 
 council, or a joint committee of the county councils, on the application ^'f 
 the board of guardians, or of any district council of a district wholly or 
 partially within the union, otherwise direct. 
 
 Section "2-t makes the provisions of the Act with respect to tho term of 
 office and retirement of j^uardians applicable to the district councillors of a 
 rural district. In any case where sucli a district is in more than one union, 
 it will be necessarj' to secure that the mode of retirement of tlie guardians 
 of the unions shall be the same, as otherwise there may be serious diffi- 
 culties in connection with the constitution of the district council. 
 
 Section GO provides that the council of each county may for the purpose 
 of regulating the retirement of guardians or rural district councillors, in 
 cases where they retire by thirds, direct in which year or years of each 
 triennial period the guardians or district councillors for each parish, ward, 
 or other area in the union or rural district shall retire. 
 
 Where the union is situate in more than one coimtj', the power of fixing 
 or altering the number of guardians or rural district councillors, and of 
 regulating the retirement of guardians and of district councillors, is to be 
 exercised by a joint committee of the councils of the counties concerned ; 
 but if any of those councils do not, within two months after request 
 from any other of them, appoint meml)ers of such joint committee, tlie 
 members of the committee actually appointed will have power to act as 
 the joint committee. If any order made by a joint committee under tliis 
 provision is within six weeks after the makiu'g thereof objected to by 
 any of the county councils concerned, or by any committee of any of 
 those councils authorised in that behalf, the order will be inoperative 
 until confirmed by the Board. (Section 59). 
 
 Wliere the guardians and rural district councillors are to retire by thirds, 
 in accordance with the rule prescribed l^y section "20, it will be necessary, 
 as the full number of guardians or district councillors will be elected at the 
 first election, to provide for retirements in the years ISUGand 181)7. There 
 will be no retirements under the Act l)efore IS'JG. (vSection 78). Tiie 
 question as to the guardians and rural district councilloi'S who will have 
 to retire in the two years mentioned, is under sub-section (4) of section 79 
 to be determined by the county council with reference to the parishes, 
 wards, or other areas for which the guardians or councillors are elected. 
 
 IV. — Highways. 
 
 Section 25 of the Act provides that as from the appointed day, there 
 shali be transferred to the district council of every rural district all the 
 powers, duties, and liabilities of any highway authority in the district, that 
 highway boards shall cease to exist, and that rural district councils shall 
 be the successors of the highway authorities. It is, however, enacted 
 that the council of any county may by order jjostpone within their 
 county, or any part thereof, the operation of this section, so far as it 
 relates to highways, for a term not exceeding three years from the 
 appointed day or such further period as may, on the application of the 
 county council, be allowed by the Board. 
 
 The expression "highway autliority " as used in the Act. means as 
 respects a highway district, the highw'ay board, or authority having the 
 powers of a highway board, and as respects a highway parish, the 
 survej'or or surveyors of highways, or other officers performing similar 
 duties. {>iee Local Government Act, 1888, section 100 : Local Government 
 Act, 1894, section 75). 
 
 The effect of section 25 will be that all these highway authorities will 
 cease to exist on the day on which the first rural district councillors come 
 into office, and that the rural district councils will thereupon become the 
 highway authorities, unless the county councils postpone the operation of 
 the section.
 
 210 
 
 By section 70, persons \\lio are members of highway hoards at tlie 
 )>assiug of the Act will be continued iu ollice until the day on which the 
 tirst rural district councillors come into oHice, tliat is, as at prosent tixed, 
 tlu) second Thursday after tlu; Kth of Noveml)er next, as if the terms of 
 oflico for whicli they were elected expired on tiiat day, and consequently 
 tJie usual annual election of waywardens will not take place. 
 
 The election of surveyors of highways under the Highway Act, 1835, will 
 however take place, as usual, at the first meeting in vestry for each 
 parish, not in a highway district, for the uomination of overseers iu tho 
 present year. 
 
 An order under section 25 is, by section 84, to make such provision as 
 may be necessary for liolding elections of highway boards in any interval 
 (luring which the operation of section ti5 is p()sti)oucHl. Thisprovision will 
 enable the county council to give directions in their order lor the election 
 of waywardens in i)lace of those who will cease to hold ollice, as mentioned 
 al)Ove, when the rural district councillors come into office, and also to 
 t-rder for what period such waywardens shall be elected, having regard to 
 the peru)d of i>ost|H)uement. 
 
 No similar provision appcar.s, as a rule, to be recpiired as regards tho 
 finnual election of surveyors for parishes not iu highway districts during 
 tlu! interval referred to, and the effect of the i)Ost[)onement of the opera- 
 tion of section '25 would seem to be that in such a case surveyors will 
 continue to be elected from year to year so long as necessary. But iu tho 
 case of new rural parishes formed by or iu pursuance of the Act, it njay bo 
 necessary, in the event of the county council postponing the operation of 
 section 25 to provide for the electiou of surveyors to act lor periods until 
 tiie next ordinary time for electing surveyors. 
 
 This course would not be recpiisite as regards a parish partly within and 
 partly without an urban district, which, by virtue of section 210 of the 
 Public litulLh Act, 1875, is at the present time treated as wholly within 
 the urban district for highway purxioses, because, if the county council 
 ]M)stpone tlie operation of section 25, the part of the existing ])arish which 
 is outside the urban district will continue subject to section 21(j of the Act 
 of 1S75 until the rural district council become the highway authority, iiot- 
 withstandiug that it may have become a separate parish. 
 
 V. — MISCELLANEOUS! 
 
 Subsection (7) of section 48 of the Act requires the county council to fix 
 a scale for the expenses of elections under the Act. i e., of elections of 
 parish and district councillors and guardiaTis. If. at the beginning of one 
 mouth before the first election, the county council have not framed any 
 such scale for their county, the Board will have power to frame a scale for 
 the purposes of that electiou. 'Ihe Board will be glad to receive a copy 
 of the scale framed by the county council under this section as toon as it 
 has bofu ajjproved by the council. 
 
 Under sections 48 and 80 the countj' council will have very extensive 
 powers for tho removal of any difficulties that may arise iu connexion with 
 the election of })arish and district councillors and guardians, and generally 
 in bringing the Act into (q)eralion within their county. Subsection \i)) of 
 section 48 provides that if any difficulty arises as respects the election of 
 any indlvitiual councillor or guardian, and thei-e is no provision for liolding 
 another election, the county council may order a new election to be held 
 and give such directioua as may be necessary for the purpose of holding 
 tn(> electiou. 
 
 Under section 80, if any difficulty ai'ises with respect to the holding of 
 the first parish meeting of a rural pari.sh, or to the tiist election u^ parish
 
 246 
 
 or district councillors, or of guardians, or to the first moctinc; of a parish 
 or district council, or board of guariHaiis, or if, from no election beiuj;; held, 
 or an election beinj^ defective or otherwise, the first parish or district 
 council, or board of guardians, has not been properly constituted, the 
 county council may, by order, make any appointment or do anything 
 %vhich appears to them necessary or expedient for the proper holding of 
 any such first meeting or election, and properly constitutmg the parish or 
 district council or board of gnardiaus. They may, if it appears to them 
 necessary, direct the holding of a meeting or election, and fix the 
 necessary dates for the puqjose. Any such order may modify the pro- 
 visions of the Act, and the enactments applied bj', or rules framed under 
 it so far as may appear to the county couucil necessary or expedient for 
 carrying the order into effect. 
 
 If a parish couucil or a district council, other than a borough council, 
 become unable to act whether from a lailure to elect or otherwise, the county 
 council may order elections to be held and may authorise persons to act 
 temporarily in place of the parish or district council and the chairman of 
 the parish council. (Section 47 (5) and section 5'J (5)). 
 
 Under section 17 each parish council will be empowered to appoint an 
 unpaid treasurer, and this ollicer is to give such security as may be re- 
 quired by regulations of the county couucil. It is desirable that such 
 regulations should be made before the parish councils come into office. 
 Tliey may provide both as to the character and as to the amount of the 
 securitj' to be taken from tlie treasurers, and the Board suggest that they 
 should be so framed as to require such securitj^ to be given by these 
 ollicers as ■uill be sufficient to cover the amount likely to be in their hands 
 belonging to the parish councils at any one time. 
 
 It is now necessary to refer to the provisions "which will govern the 
 procedure of tlie conntv couucil in regaid to the issue of orders for the 
 purposes mentioned above. 
 
 bub-scctiou ( !U) ut section 3G directs that, subject to the provisions of 
 the Act, any order made by a county couucil in pursuance of Part HI. of 
 the Act (as to areas and boundaries) shall be deemed to be an order under 
 section 57 of the Local Government Act, 1888. Every such order will 
 consequently have to be made in accordance with the provisions of that 
 section, and of the regulations issued by the Board thereunder, and, with 
 the exceptions mentioned in section 40 of the Act (to which attention 
 should be specially directed), will require confirmation by the Board in 
 the manner prescribed bj' section .57 of tlie Act of 1888. 
 
 An important amendment of tlie section referred to is made by section 
 41 of the new Act, which provides that the time for petitioning to tiio 
 Board against an order of a county council under the section shall be aix 
 weeks instead of three months after the lirst notice of the provisions of 
 the order. 
 
 The Act also provides that au}^ board of guardians affected by an order 
 under Part III. of the Act, are to have the same right of ]ietitioniug 
 against the order as is given by section 57 of the Act of 1838 to other 
 authorities (section 3G (10)) : and that where any of the areas referred to 
 iu section 57 of the Act of 1^88 is situate in two or more counties, or the 
 alteration of any such area would alter the bouudaries of a poor law union 
 situate in two or more counties, a joint committee appointed by the county 
 councils concerned is, subject to the terms of delegation, to be deemed to 
 have and to have always had power to make orders under the section with 
 respect to that area. (Section 36 (11)). 
 
 An order made under section GO of the new Act as to the number or 
 retirement of guardians or rural district councillors will, as already 
 mentioned, require confirmation by the Board if, in the case of a union 
 situate iu more than one county, the order is objected to by any of the
 
 217 
 
 county councils concprnod or l)y a committee of any of tlioso councils 
 uutliDiiscd in tliat buliall'. 
 
 Amonj^ tlio orders thai will not bo Bnbjocb to the provisions of section 
 57 of the Act of IbyS, and will nut recjuire to bo siibixiitted to tlio Board, 
 are orders of the county coiuicil iixing the number of parisii couuciilors for 
 a jiarish or dividing a pari.sh into wartl.s for the tlcctiou of parish 
 councillors. 
 
 An order made by tlio county council under section 2"), postponing 
 ■within their county or some part thereof the operation of tliat section as 
 rcj^ards hi,t,'hways, will not require the confirmatiou of the Board, altliou<,'h, 
 if it is proposed to postpone the operation of the section for more than 
 three years from tlie appointed day, the postponement will require 
 allowance by the Board. 
 
 In connexion with tlie orders of the county council under this Act, ib 
 may be pointed out that b}' section 42 it is jirovided that in any ca^o 
 Avhere an order inider section 57 of tbe Act of 1688 (includin'^ any order 
 made or deemed to have been made thereunder for the purposes of tliis 
 Act) has been confirmed by the Board, sucli order is at the ixpiration of 
 six months from the date of conlirniation to be i)resumed to have l)een 
 duly made, and to be within the powers of that section, aud no objection 
 to the le<,'ality thereof can be entertained. 
 
 A copy of every order made by a county council or joint committee in 
 pursuance of the Act is to be sent to the Board, and, if it alters any locil 
 area or name, a copy must be sent also to the Boanl of Agriculture. 
 (Section 71). 
 
 Sub-section (2) of section SO requires that the Board shall issue 
 regulations tor expediting aud simplifying tho procedure under section 57 
 of the Act of 1888 in all cases in the year 1894, for the purpose of bringing 
 the Act into immediate operation. 
 
 The Board have issued an order for tliis purpose, which, as regards the 
 cases referred to, will take the place of the regulations made by them on 
 the 14th September, 188i), except where notice of a local inquiry has becu 
 given before the date of the order. 
 
 It will be found that the new regulations materially expedit'^ anil 
 simplify the procedure under section 67 of the Act of 1888, and the Boanl 
 nuvy draw special attention to the provisions in Article VIll. (8). In cases 
 in whicli an order made under the section does not require confirmatiou 
 by the Board, it has hitherto been necessary that the order, after Laving 
 been made, should be again ap))roved by the county council after certain 
 notices have been given aud a specified interval has ela^jsed. The effect 
 ol the provision in Article Vlll. (3) will be that no iinal approval on the 
 ]iart of the county council will be requisite, if the requirements of Articles 
 IV and VIII. have been complied with. 
 
 It will also be observed that under .\rticle IX. the e?cprcssion " couiity 
 council," as used in the onler, will include a committee of the county 
 council, to whom they have delegated their powers under the Act of 18'J4, 
 and also a joint comuiitteo appointed by any county councils for the pur- 
 pose ot dealing with any cases in which they are jointly interested. 
 
 It has sometimes been jioiuted out by county couucils that no provision 
 was made by the Local Government Act, 1888, as to the expenses of 
 inquiries lield by them under the Act. It is now provided by sub-.sectiou 
 (4) of section 72 of tlie new Act, that where a county council hold a local 
 inquiry uuder tlie Act or under the Act of 1888 on the .application of a 
 parish council or a district council, or of any inhabitants of a parish or 
 district, the expenses incurretl b}^ the county council in relation to 
 the inquiry (inciuding the expenses of any committee or person authorised 
 by the county council) are to be paid by the council of that parish or 
 district, or, in the case of a T'' Triiich has not a parish council, by the
 
 248 
 
 parisli meeting. Subject to this, however, the expenses of the county 
 couucil iuciured in the case of inquiries under the Act must be paid out of 
 the couuty ftmd. 
 
 Sectiuu 44 contains provisions as to the register of the parochial 
 electors whicli is to be formed alike for url)au and for rural parishes for 
 the purposes of elections under the Act. The Board do not consider it 
 necessary to refer to these provis^ions in detail ; but the attention of the 
 couuty couucil sliould be directed to the proviso to sub-section (3) of 
 section 81, under which, if the couuty couucil have under consideration 
 any division iuto ■wards or alteratiou of the boundaries of any parish, or 
 union, or district which is to affect the tu'st election, they may direct that 
 the lists of voters shall be framed in parts corresponding with such 
 division or alteratiou so that the parts may serve either for the unaltered 
 parish, union or district, or for tlie same wheu divided or altered. 
 
 In making any such division or alteration at any time in the month of 
 July or August next, the county council may direct their clerk to make 
 such adjustuieut of the registers of parochial electors as the division or 
 alteration may render necessary for enabling every parochial elector to 
 vote at the lirst election in the ward, union, or district in which his 
 qualification is situate, and it will, of course, be the duty of the clerk to 
 give effect to any such direction. (Section 84). 
 
 The orders of the couuty councils altering areas may direct that for the 
 puipose of preparing the lists and registers of electors for the first 
 elections of parish and district councillors, the orders shall take effect at 
 such time as to enable the overseers to make oat the lists for the altered 
 areas, although the areas will not be actually altered until the appointed 
 day. 
 
 Numerous powers and duties besides those wdiicli have been indicated 
 above are conferred on couuty councils by the Act, but the Board do not 
 tliink it necessary to specify them on this occasion, as their present pur- 
 pose is to bring under the notice of the county council those powers and 
 duties which may have to be exercised for the purpose of bringing the 
 Act iuto operation, and they believe that they have now mentioned all 
 that need be referred to with this object. 
 
 It is evident that in order that effect may be given to the intentions of 
 the legislature, it is requisite that the county councils should withom 
 delay set about the exercise of the important powers which have been 
 entrusted to them. As the Board have already pointed out, section 83 
 makes it the duty of every couuty council to exercise all such of their 
 powers as may be required for bringing the Act into full operation within 
 their county as soon as may be after its passing, aud enables them 
 to delegate their powers under the Act to a Committee, aud the Board 
 feel assured that they may rely on every effort being used by the Couuty 
 Couucil to bring the Act into full operation in their couuty at the earliest 
 possible date. 
 
 The Board strongly recommend them forthwith to appoint a committee 
 for carrying out the Act if they have not already done so, and to delegate 
 to such committee their powers under it. 
 
 They also recommend that either such committee or the Couucil should 
 at ouce place themselves in communication with the councils of the other 
 counties in which parishes or rural tauitary districts partly within aud 
 l)aitly without the county are situate, wiih a view to the immediate 
 appointment of any joint committees necessary to enable such cases to be 
 dealt with. 
 
 'ITie board would further suggest that the clerks to rural and urban 
 smitary autiiorities should, as soon as possible, be applied to for iuforma- 
 tiuu as to whether the districts of tliobc autho)'ties come within the cases
 
 mcutionod in spction 30 of tlio Act, or contain parishes or parts of parishes 
 ■which aro within thoHo cases. In tlie meantime, the Parliauieutary 
 returns relatiiif^ to counties and poor Jaw parishes of wliich cojjies are 
 enclosed will yive tlio most recent intorujatiun that lias heen j)uhiishe<l as 
 to tlie cases wliere parishes and rural sanitary districts aro in more than 
 one county. The return relating to poor law parishes also shows the 
 numl)or of parishes partly in rural sanitary districts. The name« of 
 jiarishes partly in urhan sanitary districts may he ohtained from the 
 iahles numhered 4 in the second volume of the Keport on the Census 
 of 1891, hut there have heen alt(!rations since the date of the census, and 
 these tahles may not now he quite accurate. 
 
 As re<;ards the matters referred to under the head of parish councils, 
 the JJoard liave already pointed out that tlie number of councillors should 
 be fixed sufficiently early for proper arrangements to be made for the 
 candidature of persons desirous of offering themselves for election at the 
 first election. With this exception, it would seem that unless application 
 is made by the vestry, or one- tenth of the ratepayers of a parish, to 
 divide the parish into wards, it will not devolve on the county council to 
 make any orders with respect to these matters before the appointed day. 
 By section 30 the council are required to take into consideration the cases 
 of small rural parishes, but no order for the f,'roupin<^ of such parishes, or 
 the establishment of jiarish councils therein, could actually be made 
 without the consent of the parish meeting given after the appointed day. 
 
 As regards section '25 of the Act, it will of course be necessary that 
 any order postponing the transfer of the powers of highway authorities 
 should be made before the appointed day. 
 
 Some inquiries have been addressed to the Board with respect to 
 the meaning of the word " parish " as used in the Act. They may state, 
 llierefore, that it bears the meaning given to it by section 5 of the 
 Interi)retation Act, 1889 (52 & 53 Vict. c. 63), which i)rovides that unless 
 the contrary intention appears, the expression shall mean a place for 
 which a separate i^oor rate is or can be made, or for which a separate 
 overseer is or can be a^jpointed. 
 
 I am, Sir, 
 
 Your obedient Servant, 
 
 HUG 11 OWEN. 
 
 Secretary, 
 The Clerk of the County Council.
 
 250 
 
 Statement as to Effect of the Local Government 
 Act, 1894, as regards Burial Boards. 
 
 "If, after the election of parisli councils, the Burial Acts, 1852 to 18^5, 
 are adopted for the whole or part of any parisli which has a parish 
 council, no burial board will be elected, but the jjarish council will be the 
 authority for the execution of the Acts. Consequently, after the Local 
 Government Act, 1894, comes into operation, a burial board cannot be 
 newlj' established in any rural parish having a parish council. 
 
 " In cases in which the area of jurisdiction of an existing burial board 
 is co-extensive with a rural parish, all the powers, duties, and liabilities of 
 the burial board will be transferred to the parish council on the latter 
 coming into office. The burial board will cease to exist, and their jjlace 
 will be taken by the parish council, without any adoption of the Burial 
 Acts by the parish meeting. 
 
 " "Where the area under a burial board is part only of a rural parish, the 
 burial board, or the ])arish meeting for that part, may transfer the 
 powers, duties, and liabilities of the burial board to the jiarish council, 
 subject to any conditions as to the execution thereof by a committee as 
 the burial board or parish meeting may impose. 
 
 " Where the area is in two or more rural parishes, the powers of the 
 burial board will be transferred by the Act of 1894 to the respective parish 
 councils for such parishes; and where the area is i:)artl3' in a rural parish 
 and partly in an urban district, these powers will be transferred to the 
 parish council and the district council of the urban district. Until other 
 provision is made, the powers so transferred are to be exercised l\v a joint 
 committee. Where there is no parish council, the parish meeting is to be 
 substituted in the cases last-mentioned. 
 
 " Subject to this, a ]parish meetmg in a rural parish which has no parish 
 council will have none of the powers of a burial board under the Burial 
 Acts, unless the county council, on the application of the parish meeting, 
 confer on them the powers conferred by the Act of 1894 on a parish 
 council in this matter ; but burial boards ma}' still be newly established 
 for the same areas as heretofore in rural parishes having no parish 
 council, if tliere is no existing burial board for such area, and if the Burial 
 Acts are a(" opted by the iiarish meeting for it. Any such burial board 
 will have the usual power to provide a cemeterj'. 
 
 " Existing burial boards in rural parishes, except where they are 
 superseded as above stated, will continue to exist without any adoption of 
 the Burial Acts by the parish meeting. 
 
 " W^here a burial board district is wholly in an urban district the council 
 of the district may resolve that the powers, duties, and liabilities of the 
 burial board shall be transferred to the council from a specified date, and 
 such transfer will take effect from that date and the burial board will 
 cease to exist. Subject to this, the burial board for such a district will 
 not be affected by the Act. 
 
 '• The powers possessed by rural sanitary authorities of providing 
 cemeteries under the Public Health (luternients) Act, 1870, will be 
 transferred to rural district councils. 
 
 "Local Government Board, April, 1894."
 
 251 
 
 APPETsri3IX 
 
 II. 
 
 PARISH COUNCILLOrtS. 
 
 Rules as to Nomination and Election 
 
 Day and Hour ov Parish Mekting for Election. 
 
 1. The i)arish rueetii)<; for the first electioQ of parisli councillors Khali 
 bo held on Tuesday, the fourth day of December, oue thousaud eij^ht 
 huu Ired aud uiuety-four, at sucli hour, uot being earlier than six o'clock 
 in the evening, as may be fixed by the overseers coaveuiug the meeting. 
 
 Notice of Parish Meeting-. 
 
 2. The overseers shall publisli ])ublic notice of the parish meeting not 
 later than Saturday, the twenty-fourth day of November, one ttiousand 
 eight hundred aud ninety-four, and huoh notice shall be in- the Form No, 1 
 iu the first scheduie to this Onler, or in a fjrm to the like ellect. 
 
 Nomination Papers to be Provided. 
 
 3. The returning oflicer as defined by Pulo 19 shall provide nomination 
 papers for the oliice of parisli councillor, and shall furnish the overseers 
 with a supply thereof. Any parochial elector may obtain nomination 
 papers from either the returning otlicer or the overseers free of charge. 
 
 NOMI.N'ATIOX OF CANDIDATES. 
 
 4. (1) Each candidate for election as a pirisli councillor shall be 
 nominated in writing. (2) The nomination paper shall state the surname 
 and the other name or nam(!s in full of the candidate and bis place of 
 abode and description, and whether lie is quulitied cis a ])arochial elector 
 or by residence. It shall be signed by two pcirociual electors of the parish, 
 or, if the parish is divided into wards, of the waid, as proposer and 
 seconder, and no more, and shall state their respective places of abodt?. 
 It shall be in the form set out in the notice in Form No. 1 iu the first 
 hchednlo to this Order, or in a form to the like effect. (3) The name of 
 more than one candidate shall not be in.ierted in any one nomination 
 paper. (4) Any parochial elector of tiie ])arish may sign as many 
 nomination papers as tlu* number of parish councillors to be elected, but 
 no more, excei>t that if the j)arish is divided into wards for the election of 
 ])arisli councillors, a parochial elector shall not sign nomination pajier-! 
 lor more than one ward, and shall not sitjn a larger number of nomination 
 papers than the number of parish councillors to be elected lor the ward. 
 (5) If any parochial elector shall sign a larger number of nomination 
 pa[)ers than the number of parish councillors to be eUctol for the parish 
 or ward, such of tiie nomination papers signed b\' him as are first received 
 by the chairman of the parish meeting, up to the number of parish 
 councillors to be so elected, shall alone be valid.
 
 252 
 
 Nomination Papers to be Handed to Chairman at Meeting. 
 
 5. The chairman of the parish meeting shall ask at the meeting that 
 nomination papers be handed in to him, and they shall be handed in 
 accordingly. He shall number them in the order in which they are 
 received by him ; and the first valid nomination paper received by him 
 for a candidate shall be deemed to be the nomination of that candidate. 
 
 If Chairman is a Candidate. 
 
 0. If the chairman is nominated for election, and he does not forthwith 
 withdraw his candidature, he shall call upon tlie meeting to elect some 
 otljer person as chairman. The meeting shall forthwith proceed to elect 
 some other person as chairman of the meeting, and as soon as such other 
 person is elected he shall become the chairman of the meeting, and the 
 original chairman shall vacate the chair. 
 
 Dealing with Nomination Papers by Chairman. 
 
 7. (1) When it shall appear to the chairman tliat all the nomination 
 papers have been handed in, and not less than fifteen minutes shall have 
 elapsed since he took the cliair, he shall state to the meeting the names of 
 the candidates in the alphabetical order of their surnames, and also their 
 places of abode and descriptions, and the names and places of abode of 
 their proposers and seconders. Before niakiug such statement, the 
 cliairman shall, as regards each candidate, decide whether he has been 
 nominated by a valid nomination paper. After such statement has been 
 made, no other nomiuation papers shall be received, except as provided 
 by Kule 9. The decision of the chairman that a nomination paper is valid, 
 tliat is to say, that it has been properly filled up and signed by two 
 parochial electors shall bo final and shall not be questioned in any 
 proceeding whatever. (2) If the chairman shall decide that a nomiuation 
 paper is invalid, he shall forthwith put a note on the nomiuation paper to 
 this effect, stating the grounds of his decision, and shall sign such note 
 and state the effect of it to the meeting. 
 
 Questions to Candidates. 
 
 8. After making the stateni'^nt referred to in Rule 7, the chairman 
 shall give oppijrtuuity for puttiug questious to such of the candidates as 
 have been duly nominated and are present at the meeting, and for 
 receiving explanations from them. 
 
 Withdrawal of Candidates, 
 
 9. (1) Before the names of the candidates are i^ut to the meeting, or if, 
 nnder Rule 10, the names are not required to be put to the meeting, before 
 the chairman declares the names of the candidates elected, any candidate 
 may withdraw his candidature. Any such withdrawal shall be in writing 
 signed by the candidate, and shall be handed to the chairman ; or if the 
 candidate is present at the meeting, he may by word of mouth declare 
 that he withdraws his candidature, aud the chairman shall thereupon 
 write " Candidature withdrawn" on the back of the nomination paper, 
 and the candidate shall sign his name or initials thereto. Except as 
 aforesaid, no candidature shall be withdrawn at the meeting. (2) Provided 
 that if by such withdrawals the number of candidates is reduced below 
 the number of persons to be elected, the chairman shall, if desired by any 
 parochial elector present at the meeting, allow a reasonable time at the
 
 253 
 
 meetiiJfi iluiiii}^ which further uoiuiiiatiou papers may bo handed in to 
 liini. (15) If any biich further noiniuatiou papers are handed in to the 
 chairman, lie shall make a Htatenient to the meeting with regard to them, 
 aud shall decide as to their validity, as provided by Kulo 7 with reference 
 to the nomination paperH first received ; aud it any of tlio candidates so 
 noniiiiatod are decided by him to have been duly nominated, ho shall give 
 oppiirlunity for putting (juestious to such of them as are present at the 
 meeting and for receiving explanations from them. The provisioua of 
 paragraph (1) of this rule shall also apply to huch candidates. 
 
 If Number of Candidates does not Exceed Number of Persons to be 
 
 Elected. 
 
 10. If the candidates (including those whose nominations are handed 
 in under paragraphs [2} and (3) of Rule t)) whose nominations respectively 
 the; chairman decides to bo valid, aud whose respective candidatures are 
 not withdrawn, are uot more in number than the persons to be elected, 
 such cautlidates shall be deemed to be duly elected, aud shall be declared 
 by the chairman to be elected. 
 
 If Number of Candidates Exceeds Number of Persons to be 
 
 Elected. 
 
 11. If the candidates (including those whose nominations are handed 
 in under paragraphs ('Z) aud ('6) of llule 'S) whose nominations respectively 
 the chairman decides to be valid, and whose respective candidatures are 
 not withdrawn, are more in number tliau tho persons to be elected, the 
 chairman shall put separately to tho mectiug tho names of the several 
 candidates in the al^jhabetical order of their surnames, aud shall take the 
 votes by show of hands in favour only of each candidate. 
 
 12. The chairman shall couut the votes given in favour only of each 
 candidate, and wheu the names of all the candidates have been put to the 
 meeting aud the votes in their favour have been takeu and counted, he 
 shall state to the meeting the number of votes given for each candidate, 
 and that, subject to a poll being demauded, and tho demand not beiug 
 withdrawn, ho declares to be elected the cauilidates (up to the total 
 number to be elected) whom he names and who have obtained the largest 
 number of votes. 
 
 Poll may be Demanded. 
 
 13. Tho chairman shall then state to the meeting that a poll may be 
 demanded at any time before the close of the meeting by any parochial 
 elector present tiiereat. and shall ask whether a poll is demanded. 
 
 14. (1) After the chairman has made such statement as is mentioned 
 in Kule 13, he shall allow at least ten minutes to elapse before the meeting 
 is closed, and at any time before the close of the meeting, any parochial 
 elector may d* niaml that a poll shall be taken as to which of the i)ersons 
 whose names have been put to tho meetiug by the chairman shall be 
 elected, aud subject to Ihile '24, a poll shall be takeu accordingly, unless 
 the demand for a poll is withdrawn at any time before the close of the 
 meeting. (2) The business of the meeting shall be completed without 
 adjournment, and when the ten minutes or such longer time afur tlio 
 statement mentioned in Rule 13 as shall be allowed for a demand of a poli 
 to be made has elapsed, and the business relatiug to the election has been 
 completed, the meeting shall be closed.
 
 254 
 
 Statement to be Sent to Returning Officer. 
 
 15. (1) The cliairman sliall certify under his hand the names and place 
 of abode of each of any can lidates declared l)y liim to be elected under Rale 
 10, or in case a poll was not demanded, or if it was demanded, the demand 
 "was withdrawn, the names and place of abode of each of any candidates 
 declared by bim to be elected under Rule 12. Such certificate shall be in 
 the Form No. 2 in the first schedule to tliis order, or in a form to the like 
 effect. (2) Before two o'clock in the afternoon of Wednesday, the fifth 
 day of Deceinber, one thousand eight hundred and ninety four, the cliair- 
 man sball, if the candidates were elected under Rule 10 or Ilaie 12, cause a 
 copy of his certificate to be delivered at the office of the returning oHicfr; 
 or if a poll was demanded, and the demand was not withdrawn, he shall 
 cause to be delivered at the ofiice of the returning officer, a statement in 
 writing under his hand, of the names of the candidates in respect of whom 
 tlie poll is to be taken, with the first valid nomination paper of each such 
 candidate annexed thereto. He shall at the same time forward to the 
 returning officer the other nomination papers, and inform lum of the 
 names of any of the candidates whose nominations he decided to be 
 invalid, or whose candidature was withdrawn at the meeting. 
 
 Candidates to be Informed ok their Nomination. 
 
 16. If a poll is demanded, and the demand is not witlidrawn at the 
 meeting, the chairman siiall, on the day alter the meeting, send notice by 
 j)ost or otherwise to each candidate whose name has been put to the 
 meeting that he has been nominated, and that a poll has been demanded. 
 
 If no Poll, Chairman's Declaration final. 
 
 17. If a poll is not demanded, or the demand for a poll is withdrawn, 
 the declaration of the chairman as to the election of the candidates who 
 have received the largest number of votes shall be final, and shall not be 
 questioned in any proceedmg whatever on the ground that the persons 
 to be elected, or any of them, were not duly elected by a majority of 
 lawful votes. 
 
 If no Poll, Names of Persons Elected to be Published. 
 
 18. If a poll is not to be taken, the chairman shall, as early as practi- 
 cable after the meeting, by public notice, publish his certificate under 
 rule 15 of the names and place of abode of each of the persons elected. 
 
 Returning Officer. 
 
 19. (1) The returning officer shall be the Clerk to the Guardians of the 
 Poor Law Union in which the parish is situate. ("2) If tlie clerk is 
 unwilling to act as returning officer, or if the office of clerk is vacant at 
 tin time when any duty relative to the e'ection has to be performed by 
 the returning ofiicer, or if the clerk from illness or other sufficient cause is 
 unable to loerform such duty, the Guardians shall appoint some other 
 person to act as returning officer or to perform such of the duties of the 
 returning officer as then remain to be performed, as the case may be, but 
 the same person shall in all cases be the returning officer at the election 
 of the parish councillors and of any rural district councillors to be elected 
 at the same date in the parish. (1-5) The clerk to the guardians, or acting 
 clerk, shall, as early as practicable, give notice to the overseers of the 
 parish as to whether he himself will act as returning officer, or whether
 
 255 
 
 some other person has been apiiointed to act as such officer, and if so, as 
 to tljc namu of such person. (4) The returuiuf^ officer shall appoint an 
 office for the purposes of the election, an<l shall f^ive notice thereof to the 
 overseers of the piuish. (."i) The rcturnin<4 oflicer may, in writiuf^, ai)point 
 a fit person to he his (le)iuty for all or any of the j)urposcs rciatinj^ to tlu; 
 election of parish councillors and f-hall a])poinc such a deputy in the caso 
 and for the purposes mentioned in Rule 'M of this order. A (h.puty return- 
 ing officer shall liave all the powers, duties, and liabilities of the rcturninf^ 
 officer in relation to the matters in respect of which ho is appointed as 
 de^juty. (G) The same person shall act as dejiuty returniu;^ officer in 
 respect of the election both of parisli councillors and of any rural district 
 councillors to bo elected at the same date in the parish. 
 
 Day and Hours of Poll. 
 
 20. (1) The poll, if any, shall be held on ]\Ionday, the seventeenth day 
 of l)ecember, one thousand eij^ht hundred and ninety-four, or on sucJi 
 other day, not being earlier than Saturday, the fifteenth day of December, 
 one thousand ei<^ht hundred and ninety-four, nor later than Wednesday, 
 the nineteenth day of tluit month, as may, for special reasons, bo fixed by 
 the County Council. (2) The hours during which the poll shall be opeii 
 sliall be such as shall bo fixed by the County Council by any general or 
 special ord>^r, so, however, that the poll shall always bo open between the 
 the hours of six and eight in the evening. (3) Provided that the day of 
 any ])oll for tlio election of parish councillors and of any rural district 
 councillors to be elected at the same date for the parish, and the hours 
 during which any poll for such elections shall be open shall be the same. 
 
 Polling Districts. 
 
 21. (1) (a) Tf the parish is divided into polling districts for the election 
 of county councillors or of rural district councillors, the whole of each 
 such district being comprised in the parish, and the lists of parochial 
 electors are made out in separate parts for such districts, each district 
 shall be a polling district for the election of parish councillors, (h) If tho 
 parish is not so divided, but is diviiled into wards for the election of rural 
 district councillors, each of the wards shall be a polling district for the 
 election of jjarish councillors, (r) If neither paragraph (n) nor paragrajih 
 (h) of this rule applies to the parish, the retnrning ollicer may, if he thinks 
 fit, divide the parish into polling districts for tho election of parish 
 councillors, but each of such districts shall consist of an area for which 
 separate lists of parochial electors will bo available. ('/) The polling 
 districts for tho election of parish councillors and of any rural district 
 councillors elected at the same date for the parisli shall be the same. 
 (2) If the parish is divided into polling districts, each elector shall give 
 his vote in the polling district in which the property in respect of which 
 he is entitled to vote is situate, and if it is situate in more than ouo 
 polling district, he may vote in any one (but in ouo only) of the polling 
 districts in which it is situate. 
 
 Polling Places and St.vtions. 
 
 22. The returning officer shall determine tho number anrl situation of 
 tho polling places. Provided as follows: (<i) That no promises licensed 
 for tho sale of intoxicating licpior shall bo useil for a polling place; 
 (b) That tlie same polling stations shall bo used for tho election of parish 
 councillors and of any rural district councillors to bo elected at the samo 
 date in the parish ; (<;) That, unless the County Council othorwise direct,
 
 256 
 
 ■where the number of parochial electors in the parish, or (if the parish is 
 divided into polling districts) in any polling district, is not more than five 
 hundred, only one polling station shall be provided for the parish or 
 polling district ; and so on for each additional five hundred parochial 
 electors, or for any less number of electors over and above the last five 
 hundred. 
 
 WlTIIDKAWAL OF CANDIDATES AFTER MEETING. 
 
 23. Any candidate whose name has been put to the parish meeting 
 may, not less than six clear days before the date fixed for the poll, 
 withdraw his candidature by delivering or causing to be delivered at the 
 office of the returning officer a notice in writing of such withdrawal, signed 
 by him. 
 
 If Number of Candidates is Reduced to Number of Persons 
 
 TO be Elected. 
 
 24. (1) If by the withdrawal of any candidates as provided byEule 23, 
 the number of candidates is reduced to a number not exceeding the number 
 of persons to be elected, or if the number of candidates is otherwise so 
 reduced, the returning officer shall give public notice in the parish to this 
 effect, stating that no poll will be helcJ, and declaring the remaining 
 candidates to be elected. Subject to Rule 87, such candidate shall be 
 deemed to have been elected at the parish meeting. (2) The returning 
 officer shall forthwith send, by post or otherwise, a copy of such notice to 
 the chairman of the parish meeting and to each of the persons whom he 
 shall have declared to be elected. (3) The notice shall be in the Form 
 No. 3 in the first schedule to this order, or in a form to the like effect. 
 
 Notice of the Poll. 
 
 25. (1) If a poll has to be taken, the returning officer shall, five 
 clear days at least before the day fixed for the same, give public 
 notice thereof. The notice shall specify — {<t) the day and hours 
 fixed for the poll ; (i) the number of parish councillors to be elected ; 
 (c) the names, place of abode, and description of each candidate whose 
 name was put to the parish meeting, and who has not since withdrawn 
 his candidature ; (d) the names of the proposer and seconder who 
 signed the nomination paper of each candiiiate ; (/•) a description of the 
 polling districts, if auj', and ; (/) the situation and allotment of the 
 polling places, and the description of the persons entitled to vote thereat, 
 and at the several polling stations. (2) The notice shall be in the Form 
 No. 4 in the first schedule to this order, or in a form to the like effect. (3) 
 If polls are to be taken in the parish as to election of hoth parish 
 councillors and rural district councillors, the returning officer may, if ho 
 thinks tit, give one notice only for both polls, and such notice shall be in 
 the Form No. 5 in the first schedule to this order, or in a form to the like 
 effect. 
 
 Presiding Officers. 
 
 2G. The returning officer, or some person appointed by him for the 
 purpose, shall preside at each polling station. The jierson presiding at 
 any polling station shall be called the presiding officer. Provided as 
 follows : (ti) At anj' polling station the same X)erson shall act as presiding 
 officer for the election of parisli councillors and of any rural district 
 councillors to be elected at the same date in the parish, {b) In making
 
 257 
 
 appointmeuts under this Rule, tlio returning officer Bhall, as far as 
 l)ractical)le, secure the scrviceB of suitable persoub resident in the parish, 
 so as to diminish expense. 
 
 Compartments of Polling Stations. — Ballot Papers. 
 
 27. The returninf;; oflicer shall fnrnisli every polling station with such 
 nniuhcr of coiiipartiix.'uts in which the voters can mark their votes 
 screened from observation, and shall furnish each i)residiug oHicer witli 
 such number of ballot papers as may be necessary for effectually taking 
 the poll at the election. 
 
 Polling Agents. 
 
 28. Any number of candidates, being not loss than one- third of tlie 
 whole number ot candidates, may, in writing, apjioiut one polling agent, 
 who may be paid or unpaid. Any such appointment shall be delivered 
 at the office of the returning officer not less than two clear days before 
 the day of the poll. Except as aforesaid, no polling agent, whether paid 
 or unpaid, shall be appointed for the purposes of the election. 
 
 Questions to Electors. 
 
 20. (1) The presiding officer may, and if required by any parochial 
 elector of the parish, or any polling agent appointed under rule 'iS, sha 1 
 put to any elector at the time of his applying for a ballot paper, but not 
 afterwanls, the following questions or one; of them, and no other: — {n) Are 
 you the person entered in the parochial register tor this parish {or ward) 
 as follows {i-ead the ivhole entry from the rtifixter). (b) Have 3'ou already 
 voted at the present election for parish councillors for this parish (adit, in 
 cast.' of (in elect inn for a war//, iu this or any other ward). (2) A person 
 required to answer either of thof-e questions shall not receive a ballot 
 paper or be permitted to vote, until he has answered it. 
 
 Counting the Votes. 
 
 30. (1) The returning officer, whrn he does not act as a presiding 
 officer, shall appoint the jjresiding officer or some one of the ])residing 
 utlicers to act as d«puty returning officer as regards the custody and 
 oi)ening of tlie ballot boxes, the counting and recording of the votes, and 
 the declaration of tlu; number of votes given for each candidate ami of the 
 election of the candidates to whom the largest number of votes has bten 
 given. The perhon so appointed shall, in addition to his other powers 
 «nd dntit s, have all the jioweis and duties of the returning officer iu 
 relation to the decision of any question as to any ballot paper and other- 
 wise! as to the ballot papers. (2) The same person shall act as dipuly 
 returning officer in respt ct of the election both of parish councillors and <>t 
 any rural district councillors to be elected at the same date for the ])arish. 
 (ii) The votes shall be counted in the j>arish vr in some p)lace near thereto 
 as soon as practicable alter the close of the poll. 
 
 Equality of Votes. 
 
 ni. If an equality of votes is found to exist between any of the candi- 
 dates, and the addition of a vote would enable any of such candidates to 
 be declared elected, the returning officer, or deputy returning oflicer, as 
 the case may be, may, if a jiarochial elector of the parish, give such addi- 
 tional vote in writing, but shall not otherwise be entitled to vote at the 
 election.
 
 258 
 
 Declaration of Result of Poll. 
 
 32. (1) Tlie declaratiou of tlie result of the poll shall be iu tlie form 
 No. 6 iu the first schedule to this order, or iu a form to the like effect, ('il 
 Ihe returuiiiy; officer, or d^-pr.ty returuiuf; officer, as the case may be, 
 nmkiu,<; the declaratiou shall fortlnvith cause a copy of it to be affixed on 
 the front of the bnildiuj^ iu which the votes have beou counted, and 
 another copy to be sout, by post or otherwise, to the chairman of the 
 parish raeetiui^. If the declaration is made by a deputy returning officer, 
 he shall forthwith scud it to the leturning officer. 
 
 Publication of Result of Poll. 
 
 3o. The returninf^ ofiicer shall cause public uotice to be given of the 
 result of the poll as declared. The notice shall, subject to the notice 
 prefixed to the form No. 7 iu the first schedule to this order, be iu that 
 form or iu a form to the like effect. 
 
 Application and Adaptation of Ballot Act, 1872. 
 
 34. The provisions of the Ballot Act, 1872, whicii, with adaotations and 
 alterations, are set out iu the second schedule to this order, and only 
 such provisions of that Act, shall, subject to such adaptations and 
 alterations, apply to the electiou in like manner as in the case of a 
 municipal election. Provided as follows: — (1) Such application shall he 
 subject to the provisions of this order. (2) If an election of parish 
 councillors and of any rural district councillors is held in the parish at the 
 same date, one ballot box may, if the returuiiag officer thinks fit, be used 
 for the two elections ; but, if separate ballot boxes are used for the two 
 elections respectively, no vote for parish councillors shall be rendered 
 invalid by the ballot paper being placed iu the box intended for the 
 reception of ballot rapt-rs for any rural district councillor. (3) The ballot 
 papers used at the electiou of parish couLcillors for the parish shall be of 
 a different colour from that of auy b dlot papers used iu the electiou of 
 any rural district councillors held iu the parish at the same date. 
 
 Adaptation of Municipal Corporations Act, 18Si. 
 
 35. (1) The provisions of section 74 and 75 of the Municipal Corpora- 
 tions Act, 1882, which, with adaptations and alterations, are set out in 
 the third scheiiule to this order, shall, subject to such adaptations and 
 alterations, apply to the electiou. (2) In the ap])lioation to the election 
 of Part IV. of the Municipal Corporations Act, 18S2 (relating to Corrupt 
 Practices and Electiou Petitions), as amended by the Municii)al Elections 
 (Corrupt and Illegal Practices) Act, 1884, the following adaptations and 
 alterations shall have effect: — ('/) Such application shall be subject to 
 the provisions of this order. (//) References to the election of parish 
 councillors shall be deemed to be substituted for references to a municipal 
 election, or to an election to a corporate office. " Parish," and iu section 
 93 (2) "poor law union," shall bo deemed to l)e substituted for " borough," 
 "poor rate of the parish " shall be substituted for " borough fund or 
 borough rate," the returning officer shall be substituted for the town 
 clerk, and "voter" shall mean a "parochial elector or a person who 
 votes or claims to vote at an electiou of parish councillors." (3) For the 
 purposes of section 88 (2) of the Act, the chairman of the parish meeting 
 shall, as regards any electiou at which a demand for a poll has not been 
 made, or it made has been withdrawn, be deemed to be the returning 
 otScer.
 
 250 
 
 Adaitatiox of tfii: ^rt;Ni(ri-Ar, Elections (CounviT and Ii.i.v.c.m, 
 
 i'liAcTicES) Act, IbHi. 
 
 30. Ill the application of tlie I\Iiiiiicii)al Kleetluiis (Ciaiiipt and Ili<<,';il 
 Practices) Act, 18S4, to the electimi the followiu}^ j)rovisioiiH shall have 
 effect: — (1) Such applicatiou sliall be sul)ject to tlio piovisious of this 
 order. (2) The expressions " parish or Avanl of a parish," " retiiruint^ 
 ollicer of parisli council," and " jioor rate " sliall l)e deeiued to he sub- 
 stituted in the Act for " borouj^li or ward," '• town clerk," and " borout^h 
 fund or rate " respectively. (H) Tiie expression " corporate ollice" in the 
 Act sliall moan "the office of parish councillor," and "a lunuicipal 
 election" shall mem "an election of parisli councillors," and the 
 expressions "municipal election court," " municii^al election list," and 
 "municipal election potitiou " shall bo construed accordiufjly. (4) So 
 much of section \'A of lIio Act as permits one poilinfj aj^eiit to be employed 
 in (!ach poilim; station shall not api)ly, except so far as the employment of 
 ])olIiii<^ af^iuls is permitted by rule 2B of this order. (5) An election 
 jjotition complaininf; of the election on the ground of an illej^al practice 
 may he presented at any time within six weeks after the day of election. 
 (0) A petition reiatinj^ to the election of a parish councillor may be trieil 
 at any place within the poor law union in which the parish is situate. (7) 
 Nothing in the Act shall render it unlawful to hold a meeting for the 
 purj)ose of promoting or procuring the eltctiou of a candidate to the ollice 
 of parish councillor on any licensed or other premises not sitUHte in an 
 urban sanitary district or in the administrative county of London. (8) 
 St'ction . 7 of the Act shall be read as if a reference to an election of 
 l),uish councillors was substituted for a reference to any of the elections 
 mentioned in the first schedule to the Act. 
 
 WiiKN Parish Cuunch.i.ors Comk into Office. 
 
 37. (1) If no poll is held for the parish, or, if the i)arish is divided into 
 wards, for any ward, the })ersons elected as parish councillors shall come 
 into oflfice on Thursday, the thirteenth day of December, one thousand 
 eight hundred and ninety-four. (2) If a poll is lieM for the ])ansh, or. if 
 the jjarish is divided into wards, for any ward, tlu^ day on A\hich the poll 
 is taken shall be deemed to be the day of election of the parish coun- 
 cillors, and the persons elected shall tome into ollice on Monday, the 
 thirty-tlr.st day of December, one thousand eight hundred and ninety-four. 
 
 Expenses. 
 
 38. (!) Any expenses properly incurred by the chairman of the parish 
 meeting in the execution of this order shall bo deemed to bo part of the 
 expenses of the j'arish meeting, and shall be defrayed accordingly. (2) 
 If a poll for the election of j) irish councillors and of rural district coun- 
 cillors is taken at the same date in the i)arisli, one half of any expenses 
 •which may be payable ii respect of the two polls jointly, including the 
 rennmeration of any officers empioyed in tlu; conduct thereof, shall be 
 deemed to have been ineurre I in relation to the ))oll for the election of 
 parish councillors, and shall be defrayed accordingly. 
 
 If Parish in more than one County. 
 
 39. If a parish is situate in more than one administrative rountj% it 
 shall for the purposes of this order be deemed to be wholly situate in the 
 county which, according to the census of one thousand eight hundred 
 and ninety-one, cjntaius the larger part of its population.
 
 260 
 
 Wards. 
 
 40. (1) If the parish is divided into -wards for the election of parish 
 councillors, the fore^ioinj? Rules shall apply to each of such wards as if it 
 were a parish. (2) Provided that if the parish is so divided, an elector 
 shall not be permitted to vote in more than one ward. 
 
 Publication or Notices. 
 
 41. Any public notice required by this order shall be given by posting 
 the same on or near the priuci[)al door of each church and chapel iu the 
 I'arish, and in some conspicuous jjlace or places within the parish. 
 
 Mark instp:ad of Signature. 
 
 42. Iu place of any signature required by this order, it shall be 
 sufficient for the signatory to affix his mark if the same is witnessed by 
 two jjarochial electors. 
 
 Misnomer. — Inaccurate Desceii tions. 
 
 43. No misnomer, or inaccurate description of any person or place 
 named in any notice or nomiuutiou paper umier this order, shall hinder the 
 full operation of such notice or paper vvith respect to that person or place, 
 provided the descriiJtiou of that person or place is such as to be commonly 
 understood. 
 
 Title of Ordei?. 
 
 44. This order may be cited as the "Parish Councillors Election 
 Order, 1894. " 
 
 FIRST SCHEDULE. 
 
 FORM No. 1. 
 Notice of Parish Meeting. 
 
 [This notice must be published not later than Saturday the 24th of 
 November, l«9-i.] 
 
 F0R:\I No. 2. 
 Ceiitificate by Chairman of Parish Meeting where no Poll. 
 
 FORM No. 3. 
 Notice of Abandonme>;t of Poll. 
 
 FORM No. 4. 
 Notice of Poll. 
 [This form relates to a poll for the election of Parish Councillors only.] 
 
 FORM No. 5. 
 Notice of Poll. 
 
 [This form relates to a i)oll for the election of Parish Councillors and 
 Piural District Councillors lor the same area.]
 
 2G1 
 
 FORM X... r,. 
 Dkclaratiun of Result ur P-jll. 
 
 FORM No. 7. 
 Notice of Result of Poll. 
 
 SECOND SCHEDULE. 
 
 Provisions of the Ballot Act, 1872, as adapted and altered in 
 their Application to the Election of Parish Councillor's. 
 
 PROCEDURE AT ELECTIONS OF PARISH COUNCILLORS. 
 
 Poll at Elections. 
 
 2. Tho ballot of each voter shall consist of a paper (in this Act called a 
 ballot paper) sho\viii<^ the names and description of the candidates. Yj<\c\\ 
 ballot paper shall have a number printed on the back, and shall have 
 attached a counterfoil with the same nuttiber printed on the face. At tlio 
 time of voting, the ballot paper shall be marked on both sides with an 
 odicial mark, and delivered to the voter within the polliuj; station, and tl;e 
 number of such voter on tho register of voters shall bo marked on the 
 counterfoil, and the voter having secretly marked his vote on the paper, 
 and folded it up so as to conceal his vote, shall place it in a closed box iu 
 the presence of the officer presiding at the polling station (in this Act 
 called ''the presiding officer") after having shown to him the official mark 
 at the back. 
 
 If in the register of parochial electors for a parish, the same number is 
 placed opposite to the name of more than one parochial elector, the 
 returning ollicer shall put a distinguishing mark on each part of tho 
 register which contains numbers used in other parts of tho register, and 
 when the number of any voter on any part of the register is entered on 
 the counterfoil of a ballot paper, the mark on that part shall also be 
 entered thereon. 
 
 Any ballot paper which has not on its back the official mark, or on 
 which votes are given to more candidates than the voter is entitled to 
 vote for, or on which anytliing, except tho said n;mber on the hack, is 
 written or marked by which the voter can bo identified, shall be void and 
 uot counted. 
 
 Alter the close of tho poll the ballot boxes shall l)e sealed up. so as to 
 ]irevent the introduction of additional ballot papers, and shall he taken 
 charge of by the returning officer, and that officer shall, in the presence of 
 sucli agents, it any, of the candidates as may be in attendance, open tho 
 billot l)oxes, and ascertain the result of the poll hy countmg the votes 
 given to each candidate, and shall lorth'^vith declare to be elected tho 
 candidates or candiihite to whom the majority of votes have been given. 
 The decision of the returning officer as to any (piestiou arising iu respect 
 of any hallot paper sliall be liual, subject to reversal on petition questioning 
 the election or return.
 
 262 
 
 OFFENCES. 
 
 Offences in respect of Ballot Papers and Ballot Boxes. 
 
 3. Every i^erson who — (1) Forges or counterfeits or fraudulently defaces 
 or fraudulently destroys any ballot paper, or the official mark on any 
 ballot paper ; or (2) Without due authority supplies any ballot paper to 
 uuy person; or (8) Fraudulently puts into auy ballot box any paper 
 other tliau the ballot paper which he is authorised by law to put in ; 
 or (4) Fraudently lakes out of the poUiui^ station auy ballot paper ; or 
 (5) VVithout due authority destroys, takes, opens, or otherwise interferes 
 with any ballot box or packet of ballot papers then in use for tlie purposes 
 of the ('lection ; shall be guilty of a luisdeuieauour, and be liable, if be is 
 a returuing officer or an officer or clerk in attendance at a polling station, 
 to imprisonment for auy term not exceeding two years, with or without 
 hard labour, and if he is any other person, to imprisoanjeut for auy term 
 not exceeding six months, with or without hard labour. Any attempt to 
 commit auy offence specified in this section shall be punisha))le in the 
 manner in which the offence itself is punishable. In any indictment or 
 other prosecution for au oft'ence in relation to the ballot boxes, ballot 
 papers, and markiug iustruuients at au election, tlie property in such 
 I apers, boxes, and instruments maybe stated to be in the returning officer 
 at such election, as well as the property in the counterfoils. 
 
 Infringement of Secrecy. 
 
 4. Every officer, clerk, and agent in attendance at a polling station 
 sha 1 maiutain and aid in maiutaining the secrecy of the voting in such 
 station, and shall not communicate, except for some purpose authorised 
 by Jaw, before the poll is closed, to auy person an}' information as to the 
 name or number on the register of parochial electors of any elector who 
 lias or has not applied for a ballot paper or voted at that station, or as to 
 tlie official mark, and no such officer, clerk, or agent, and no person 
 whosoever, shall interfere with or attempt to interfere with a voter when 
 markiug his vote, or otherwise attempt to obtain in the poUiug station 
 itj formation as to the candidate for whom any voter in such station is 
 alxniC to vote or has voted, or commuuicate at anj- time to anj- person any 
 iuiorma'do!! obtained in a polling station as to the candidate for whom any 
 voter in such station is about to vote or has voted, or as to the number on 
 tlie back of the ballot paper given to any voter a*-, sucii station. Every 
 cfficer, clerk, aud agent in attendance at the counting of the votes shall 
 maiutain aud aid in maintaining the secrecy of the voting, and shall not 
 attempt to ascertain at such counting the number on the back of auy 
 bailot paper, or communicateany information obtained at such counting as 
 to the candidate for whom any vote is given in any particular ballot paper. 
 No person shall directly or indirectly induce auy voter to displaj' his ballot 
 paper after he shall have marked the same, so as to make known to any 
 person the name of the candidate for or against whom he has so marked 
 Jjis vote. Every person who acts in coutraveution of the provisions of 
 this section shall be liable, on summary conviction before two justices of 
 the peace, to imprisonment for auy term not exceeding six months, with 
 or without hard labour. 
 
 Use of School and Public Pioom for Poll. 
 
 6. The returning officer at an election of parisli counci'lors may use 
 reo of charge, for the purpose of taking the poll or for counting the votes
 
 2G3 
 
 at sucli election, auy rooiu iu a school rcceiviug a grant out of monnj's 
 pioviilcd by I'uriiaMient, and auy room the exjK'Use of luaintaiuiu}^ which 
 is payable out of any loctd rale, Ijut ho sliall make {^oud an> daniaf^e <ione 
 to biich roouj, and defray any txpense iucuired by the per.sou or body of 
 persons, corporate or nnincorporate, haviu<^ control over the same ou 
 accouut of its bein^ used for the purpose of taking the poll or for coiiutinf^ 
 the votes as aforesaid. The use of auy room iii au unucciipiod house for 
 tiie purpose of taking the poll shall not render any person liable to be 
 rated or to i)ay auy rate for such house. 
 
 DUTIES OF RETURXIXG AND ELECTION OFFICERS. 
 General Powers and Duties of Returning Oeitcer. 
 
 8. Subject to the provisions of this Act, every returning officer shall 
 provide such nomination ])apers, poUing stations, bdlot boxes, ballot 
 ])apers, stamping instruments, copies of register of parochial electors, and 
 other things, appoint and pay such officers, and do such other acts and 
 thiu>'S as may be necessary for effectually conducting the election. 
 
 Keeping of Order in Station. 
 
 9. If any person misconducts himself iu the polling station, or fails to 
 obey the lawful orders of the presiding officer, he niav immediately, by 
 Older of the presiding ollicer, be removed from the jiolliug station by any 
 constable iu or near that station, or auy other person authorised iu 
 Avritiu^ by the returning officer to remove him ; aud the person so removed 
 shall nut, uuless with the permissiou of the presiding officer, again be 
 allowed to enter the i)olling station during the day. Auy person so 
 removed as af jresaid, if charged with the commissiou in such station of 
 any offence, may be kept in custody uutil he can be brought before a 
 justice of the peace. Provided that the powers conferred by this section 
 shall uot be exercised so as to preveut any elector who is otherwise 
 entitled to vote at auy polling station from having an oxiportumty of 
 voting at such station. 
 
 Powers of Presiding Officer and Administration of Oaths, &c. 
 
 10. For the purpose of the adjournment of the poll, a presiding officer 
 shall have the power by law belonging to a deputy returning officer iu a 
 l)ailiameiitarY election ; and auy jiresidiiig officer and auy clerk appointed 
 l)y the retuining otlieer to attenil at a polling station shall have the power 
 of asking the (piestions and administering the oath authorised by law to 
 be asked of and administered to voters, and auy justice of the peace aud 
 any returning officer may take aud receive auy declaration authorised by 
 this Act to be talien before bim. 
 
 Liability of Officers for Misconduct. 
 
 11. Kvery returning officer, presiding officer, and clerk who is guilty of 
 any wilful misfeasance or any wilful act or omission in contravention of 
 this Act shall, in addition to any other penalty or liability to which lie may 
 be subject, forfeit to any ptrscn n^jgneved by such misfeasance, act. or 
 omission a penal sum not exceeding one hundred pounds. No returning 
 oliicer or oflicer appointed by him in connexion with the election of parish 
 couuciliors lor auy parish, nor auy i)artner or clerk of any such officer
 
 '264 
 
 shall act as agent for any candidate in the management or conduct of his 
 election as a parish councillor. If any returning officer or officer appointed 
 by him, or the partner or clerk of any such officer, shall so act he shall be 
 guilty of a misdemeanor. 
 
 MISCELLANEOUS. 
 Prohibition of Disclosure of Vote. 
 
 12. No person who has voted at an election shall, in any legal proceed- 
 ing to question the election or return, be required to state for whom he 
 has voted. 
 
 Non-compliance with Rules. 
 
 13. No election shall be declared invalid by reason of a defect in the 
 title or appointment of a returning officer or deputy returning officer, or 
 of a non-compliance with the rules contained in the first schedule to this 
 Act or in the Parish Councillors Election Order, 1894, or of any mistake in 
 the use of the forms in the second schedule to this Act or in the said 
 Order, if it appears to the tribunal having cognizance of the question that 
 the election was conducted in accordance with the principles laid down 
 in the body of this Act and of the Local Government Act, 1894, and that 
 such non-compliance or mistake did not affect the result of the election. 
 
 PERSONATION. 
 
 Definition and Punishment of Personation. 
 
 24. The following enactments shall be made with respect to persona- 
 tir>n at au election of parish councillors : — 
 
 It shall be the duty of the returning officer to institute a prosecution 
 against nii-y person whom he may believe to have been guilt}' of perso- 
 nati(m, or of aiding, abetting, counselling, or procuring the commission of 
 the offence ' f personation by any person, at the election for which he is 
 returning officer, and the costs and expenses of the j)rosecutor and the 
 witnesses in such case, together with compensation for their trouble and 
 loss of time, shall be allowed bj' the court in the same manner in which 
 courts are empowered to allow the same in cases of felony. 
 
 Sections 86 to 89, both inclusive, of the Parliamentary Voters Eegis- 
 tration Act, 1S43, shall ajiply to personation at an election of parish 
 councillors in the same manner as they apply to a person who knowingly 
 personates and falsely assumes to vote in the name of another person as 
 mentioned in the said Act, but with the substitution of the words " any 
 parochial elector or any agent appointed under the Parish Councillors 
 Election Order, 1894," for " any such agent so appointed as aforesaid " or 
 for any reference to any such agent, and of " the presiding officer " for 
 " the returning officer or his respective deputy." 
 
 MISCELLANEOUS. 
 
 Effect of Schedules. 
 
 23. The schedules to this Act, and the notes thereto, and directions 
 therein shall be construed and have effect as part of this Act.
 
 2G5 
 
 FIRST SCHEDULE. 
 
 RULES FOR ELECTIONS OF FARISII COUNCILLORS. 
 
 TiiK Full. 
 
 15. At cvcrj' poUiuf; place the returning ofTiccr shall, subject to tbo 
 provisious of tlio Parish Councillors Elccfciou Order, 1H'J4., provide a 
 siillicicut uiimbcr of polling stations for the accommodation of the electors 
 entitled to vote at such polling place, and shall distribute the polling 
 stations amongst those electors in such manner as he thinks most 
 convenient. 
 
 17. A separate room or separate booth may contain a separate polling 
 station, or several polling stations may be constructed iu the same room 
 or booth. 
 
 18. No person, shall be admitted to vote at any polling station except 
 the one allotted to him. 
 
 20; The returning oflicer shall provide each polling station with 
 materials for voters to nuirk the ballot papers, with instruments for 
 stamping thereon the ollicial mark, and witli copies of the register of 
 voters, or such part thereof as contains the names of tlie votiers allotted: 
 to vote at such station. He shall keep the official mark seorat. 
 
 21. The presiding ofhcer appointed to preside at each station shall 
 keep order at his station, shall regidate the number of electors to ba 
 Ojilmitted at a time, and shall exclude all otlier persons except the clerks, 
 the agents of the candidates, and the constables on duty. 
 
 22. Every ballot paper shall contain a list of the candidates described 
 as iu their respective nomination papers, and arranged alphabetically in 
 the order of their surnames, and (if there are two or more candidates witli 
 the same surname) of their other names :. it shall be iu the form set forth 
 in the Second ScheiUile to this Act or as near thereto as circumstauces- 
 admit, and shall be capable of being folded up. 
 
 23. Every ballot box shall be so constructed tJiat ^le ballot paperecan- 
 be introduced therein, but cannot be withdrawn therefrom, without the- 
 box being unlocked. The presiding officer at any i)olling. station, just 
 before the commencement of the poll, shall show the ballot bo^:^emuty to 
 such persons, if any, as may bo present iu such station, so that they may 
 see ihat it is emptj', and shall then lock it up, and place his seal upon it 
 iu such manner as to ])revont its being opened without breaking suoh seal, 
 and shall place it in hi& view for the receipt of ballot papers, and keep it 
 so locked and sealed. 
 
 24. Immediately before a ballot pajier is delivered to an elector, it 
 shall be luarkcd on both sides with the official mark, either stamped or 
 perforated, and the number, name, and ilescription of the elector as stated 
 iu the copy of the register shall be called out, and the number of such 
 elector, togetlior witli the distinguishing mark, if any, of the part of the 
 register in which the number occurs, shall, as recpiired by section 2 of this 
 Act, as atlapted, be nuirked on the counterfoil, anil a mark shall be placed 
 in the register against the number of the elector, to denote tliat he has 
 received a ballot paper, but without showing the particular ballot imper 
 which he has received. 
 
 25. The elector, on receiving the ballot paper, shall forthwith proceed 
 into one of the compartments in the polling station, and tiitre mark his 
 pajjer, and fold it up so as to conceal his vote, and shall then put his 
 ballot paper, so fohled u\\ into the ballot box; he shall vote witiiout 
 imdue delay, and shall (put the polling station as soon as he has put his 
 ballot paper into the ballot box.
 
 266 
 
 2B. TliG presiding officer, ou the application of any voter who is 
 incapacitated hy bhndness or other physical cause from voting in manner 
 prescribed by this Act, or (if the poll be taken on Saturday; of any voter 
 who declares that he is of the Jewish persuasion, and objects on religious 
 grounds to vote in manner prescribed by this Act, or of any voter ■who 
 makes such a declaration as hereinafter mentioned that he is unable to 
 read, shall, in the presence of the agents of the candidates, cause the vote 
 of such voter to be marked on a ballot paper in manner directed by such 
 voter, and the ballot paper to be placed in the ballot box, and the name 
 and number on the register of voters of every voter whose vote is marked 
 in pursuance of this rule, and tlie reasons why it is so marked, shall be 
 entered on a list, in this Act called "the list of voters marked by the 
 presiding officer." The said declaration, in this Act referred to as "the 
 declaration ot inability to read," shall be made by the voter at the time 
 of polling, before the presiding officer, who sliall attest it in the form 
 herein-after mentioned, and no fee, stamp, or other payment shall be 
 charged in respect of such declaration, and the said declaration shall be 
 given to the presiding officer at the time of voting. 
 
 27. If a person, representing himself to be a particular elector named 
 on the register, appUes for a ballot paper after another person has voted 
 as such elector, the applicant shall, upon duly answering the questions 
 permitted by the Parish Councillors Election Order, 1B94, to be asked of 
 voters at the time of polling, and upon taking an oath in the form herein- 
 after set out, which the presidiug officer shall administer, be entitled to 
 mark a ballot paper in the same manner as any other voter, but the ballot 
 paper (in this Act called a tendered ballot paper), shall be of a colour 
 differing from the other ballot papers, and, instead of being put into the 
 ballot box, shall be given to the presiding officer and endorsed by him 
 with the name of the voter and his number in the register of voters, and 
 set aside in a separate i)acket, and shall not be counted by the returning 
 officer. And the name of the voter and his number on tlie register shall 
 be entered on a list, in this Act called the tendered votes list. 
 
 The oath shall be administered in the following form : — " You do swear 
 "that you are the same person whose name appears as A.B. on the 
 " Piegister of Parochial Electors for this Parish [o/- Ward] and that you 
 " have not already voted at the present election for this Parish [a<ld, in 
 ^' case of an election for <i Ward, in. this or any other Ward]. — So help 
 " YOU God." 
 
 Provided that any person entitled to affirm in lieu of taking an oath 
 may affirm in the following form :^"I, A.B., do solemnly, sincerely, and 
 " truly declare and affirm that I am th^" same person whose name appears 
 " as A.B. on the Eegister of Parochial Electors for this Parish [or Ward], 
 " and that I have not already voted at the present election for this Parish 
 " [tidd, in vase of an elrcfion for a Ward, in this or any other Ward."] 
 
 28. A voter who has inadvertently dealt with his ballot paper in such 
 manner tliat it cannot be conveniently used as a ballot paper, may, on 
 delivering to the presiding officer the* laallot paper so inadvertently dealt 
 with, and proving the fact of the inadvertence to the satisfaction of the 
 presiding officer, obtain another ballot paper in the place of the ballot 
 paper so delivered up (in this Act called a spoilt ballot paper), and the 
 spoilt ballot paper shall be immediately cancelled. 
 
 29. The presiding officer of each station, as soon as practicable after 
 the close of the poll, shall make up into separate packets sealed with his 
 seal, — (1) Each ballot box in use at his station, unopened but witii the 
 key attached ; and (2) The unused and spoilt ballot papers, placed togetlier ; 
 and (3) the tendered ballot papers ; and (4) the marked copies of the 
 register of parochial electors, and the counterfoils of the ballot papers ; 
 and (5) The tendered votes list, and the list of votes marked by the
 
 267 
 
 presi(liii(^ ofTicor, and a statomoiit of tlic number of voters wliose votes aro 
 KG niarkoil by tbu prc'sidiiif^ olbccr under tbu beads " pbysical incapacity," 
 "Jews,'' and " unable to read," and tlie declarations of inability to read; 
 and sball deliver sncli packets to tlie returnin<^ oHicer,or deputy returning 
 officer by wboni tbe votes are to be counted, unless be is biinself sucb 
 officer. 
 
 30. Tlio packets sball bo accompanied by a statement made by sucli 
 presiding officer, sbowing tbe nund)er of ballot pa[)ers entrusted to liira, 
 and accounting for tbcni uikIlt tbe beads of ballot papt'ts in tin; ])all<)t 
 box, unused, s[)i)ilt, and tendered ballot i)apers, wbicb statement is in this 
 Act referred to as tbe ballot paper account. 
 
 Counting Votei. 
 
 31. Eacli candidate may appoint an agent to attend tbe counting of tbo 
 votes. 
 
 d'l. Tbo returning officer sliall make arrangements for counting tbo 
 votes in tbe i)resencc of tbe agents of tbe candidates as soon as practicable 
 after the close of tbe poll, and sball give to tbo agents of tbe candidates 
 ap[)ointed to attend at tbe counting of tbe votes notice in writing of tbo 
 time and place at which lie will begin to count the same. 
 
 33. Tbe returning officer, his assistants and clerks, tbe agents of tbo 
 candidates, and no other person, except with the sanction of tbe returning 
 officer may be present at the counting of the votes. 
 
 34. If a i)oll has been taken as to tbe election of parish councillors 
 only, before tlie returning officer proceeds to count tbe votes, be siiall, iu 
 tbe presence of tbe agents of the candidates open each ballot box, and 
 taking out tbe i)apers tlun-eiu, shall count and record the number thereof, 
 anil then mix together the whole of the ballot papers contained in tbe 
 ballot boxes. If polls have been taken at the same date for the election 
 both of parish councillors and of rural district councillors, before tbo 
 returning officer proceeds to count the votes, he shall, in the presence of 
 the agents of the candidates, open one of tbo ballot boxes and taking out 
 tbe papers therein sball separate those relating to tbe elecliou of j)arisli 
 councillors from any relating to the election of rural district councillors, 
 and shall count ami record the number of ballot papers relating to each 
 election. He shall then secure tlie ballot papers relating to each election 
 by placing them iu separate ))ackets under bis own seal, and the seals of 
 such of the agents of tbe candidates as desire to affix their seals, 
 and sliall proceed in like manner with any other ballot boxes and tbe 
 papers therein. When all the ballot boxes and the papers therein 
 have been so dealt witli, he sball open all tbe packets of ballot papers 
 relating to one of the elections, and shall mix all such papers together, 
 and shall ]iroceed to cjunt tbe votes, keeping the papers relating to tbo 
 other election sealed up until be has completed sucii counting. He shall 
 afterwards deal iu manner aforesaid with the packets and papers relating 
 to the other election. The returning officer, while counting and recm-diug 
 the number of ballot papin-s and counting the votes, shall keep the ballot 
 papers with their faces upwards, and take all proper precautions for 
 preventing anj' person from seeing the numbers printed on the backs of 
 such papers. 
 
 35. The returning officer sball, so far as practicable, proceed continn lusly 
 with counting tbe votes, allowing only time for refreshuient, and e.xch.ding, 
 if and so far as he thinks it necessary, tbo hours between tbe close of the 
 l)oll and nine o'clock on th<^ succeeding morning. During the excluded time 
 the returning ollicer shall ]ilace the ballot papers and other documents 
 relating to the election under his owu seal and tbo seals of such of the
 
 268 
 
 agents of the caudidates as desire to affix tbeir seals, and shall otherwise 
 take proper precautious for the security of such papers and documents. 
 
 36. The returning officer shall endorse " rejected" on any hallot j)aper 
 which he may reject as iuvaUd, and shall add to the endorsement 
 " rejection objected to," if an objection be in fact made by any agent to 
 his decision. The returning officer shall draw up a statement showing the 
 number of ballot papers rejected and not counted by him under the several 
 lieads of — (1) Want of official mark ; (2) Voting for more candidates than 
 entitled to ; (3) Writing or mark by which voter could be identified ; 
 (4) Unmarked or void for uncertainty ; and shall on request allow any 
 agents of the candidates to copy such statement. If the votes are counted 
 by a deputy returning officer he shall, with the declaration of the result of 
 the poll, report to the returning officer the number of ballot papers rejected 
 and not counted by him, under the above heads, and no such statement as 
 aforesaid shall be drawn up by the returning officer. The deputy returning 
 officer shall, on request, allow any agents of the candidates, before such 
 report is sent, to copy it. 
 
 37. Upon the completion of the counting, the returning officer shall 
 seal up in separate packets the counted and rejected ballot papers. He 
 shall not open the sealed packet of tendered ballot papers or marked copy 
 of the register of voters and counterfoils, but shall proceed, in the presence 
 of the agents of the candidates, to verify the ballot paper account given 
 by each presiding officer by compariug it with the number of ballot papers 
 recorded by him as aforesaid, and the unused and spoilt ballot papers in 
 his possession and the tendered votes list, and shall reseal each sealed 
 packet after examination. The returning officer shall draw up a state- 
 ment as to the result of such verification, and shall, on request, allow any 
 agents of the candidates to copy it. If the votes are counted by a deputy 
 returning officer, he shall report to the returning officer the result of the 
 verification, and no such statement as aforesaid shall be drawn up by the 
 returning officer. The deputy returning officer shall, on request, allow any 
 agents of the candidates, before such report is sent in, to copy it. He 
 sliall with his report send to the returning officer the sealed packets of 
 counted and rejected ballot papers, and the unopened sealed packets which 
 he has received from any presiding officer. 
 
 38. Lastly, the returning officer shall carefully preserve for the period 
 herein-after mentioned all the packets of ballot papers in his possession, 
 together with the said reports, the ballot paper accounts, tendered votes 
 lists, lists of votes marked by the presiding officer, statements relating 
 thereto, de;darations of inability to read, and packets of counterfoils, and 
 marked copies of registers, endorsing on each packet a description of its 
 contents and the date of the election to which they relate, and the name 
 of the j^arish for which such election was held. 
 
 39. The returning officer shall retain for six months all documents 
 relating to an election of jjarish councillors, and then, unless otherwise 
 directed by an order of the county court having jurisdiction in the parish 
 or in any part thereof, or of any tribunal in which the election is questioned, 
 shall cause them to be destroyed. 
 
 40. No person shall be allowed to inspect any rejected ballot papers in 
 the custody of the returning officer, except under the order of the county 
 court or tribunal aforesaid, to be granted by such court or tribunal on 
 being satisfied by evidence on oath that the inspection or production of 
 such ballot papers is required for the purpose of instituting or maintaining 
 a prosecution tor an offence in relation to ballot papers, or for the purpose 
 of a petition questioning an election or return ; and any such order for the 
 inspection or production of ballot papers may be made subject to such 
 conditions as to persons, time, place, and mode of inspection or production
 
 2G9 
 
 as tlio court or tribunal inakinf,' tlic saiuo may thiuk GxpcJicut, aud shall 
 bo obtjyecl by tlie returuiii<^ ollicer. 
 
 41. No jiersoii shall, cxc(!i)t by order of the county court having' juris- 
 diction in the parish or any part thereof, or of any tribunal having; coj^ui- 
 zance of any question rolatiii<^ to the election, open the sealed packet of 
 counterfoils alter tlu; same has been once scaled uj), or bo allowed to 
 inspect any counted ballot i)apers in the custody of tlio returning ollicer. 
 Such order may be made sul)ject to such conditions as to jiersons, time, 
 place, and mode of opening or inspection as the court or tribunal making 
 the order may think expedient: provided that on making and carrying 
 into effect any such order, care sliall be taken that the mode in which any 
 particular elector has voted shall not be discovered until ho has been 
 proved to have voted, and his vote has been declared by a compcteut court 
 xo be invalid. 
 
 42. AH documents in the custody of a returning officer in pursuance of 
 this Act, other than ballot papers and counterfoils, shall be open to public 
 inspection at such time and under such regulations as may be prescribed 
 by the council of the county in which the parish is situate, and the return- 
 ing officer shall supply copies of or extracts from the said documents to any 
 person demanding the same, on paynjcut of such fees and subject to such 
 regulations as may be made by the county council. 
 
 43. Wliere an order is made for the production by the returning officer 
 of any document in his possession relating to any specilieil election of 
 parish councillors, the production by such officer or his agent of the docu- 
 ment ordered, in such manner as may 1)0 directed by such order, or by an 
 order of the court having power to make such first-mentioned order, shall 
 be conclusive evidence that such document relates to the specified election ; 
 and any endorsement appearing on any packet of ballot papers producetl 
 by such rcturuing officer or his agent shall be evidence of such papers being 
 what they are stated to bo by the endorsement. The production from 
 proper custody of a ballot paper purporting to have been used at any elec- 
 tion, and of a counterfoil marked with the same printed number and having 
 a number marked thereon in writing, shall be prima facie evidence that 
 the person wjio voted l)y such ballot paper was the person who at the time 
 of such election had affixed to his name in the register of voters at such 
 election the same number as the number written on such counterfoil. 
 
 43. {(() There shall be an appeal from any order of the county court 
 under these rules in like manner as in other cases in such court. 
 
 General Provisions. 
 
 47. If the returning officer presides at any polling station, the provisions 
 of this Act relating to a presiding officer shall apply to such returning 
 officer with the necessary modifications as to things to be done by the 
 returning officer to the presiding officer, or the presiding officer to the 
 returning otlicer. 
 
 48. Tlie returning officer may, in addition to any clerks, appoint com- 
 petent persons to assist him in counting the votes. 
 
 41). No person sliall bo appointed by a returning officer for the purposes 
 of an election who has been employed by any other person in or about the 
 election. 
 
 50. The presiding officer may do, by the clerks appointed to assist him, 
 any act which he is retpiired or authorised to do by this Act at a polling 
 station oxcei)t ordering the arrest, exclusion, or ejection from the polling 
 station of any person. 
 
 51. A candidate may himself undertake the duties which any agent of 
 his, if appointed under lUile 31 of this schedule, might have undertaken, and
 
 270 
 
 may, if he does not appoint such an agent, he present at the counting of 
 the votes, or njay liimself take the place of such ageut. 
 
 52. The name and address of every ageut of a candidate appointed to 
 attend the counting of the votes shall he transmitted to the returning 
 officer one clear day at the least hefore the opening of the poll ; and the 
 returning ofhcer may refuse to admit to the place where the votes are 
 counted any agent whose name and address has not been so transmitted, 
 notwithstanding that his appointment may be otherwise valid, and any 
 notice required to be given to an ageut by the returning officer may be 
 delivered at or sent by post to such address. 
 
 53. If any person appoiuted an agent for the i:)urposes of attending at a 
 poUiug station or at the counting of the votes dies, or becomes incapable 
 of acting during the time of the election, another ageut may be appointed 
 in his place, aud notice shall forthwith be given to the returniug officer in 
 writing of the name and address of any agent so appointed. 
 
 54. Every returniug officer, aud every officer, clerk, or agent authorised 
 to attend at a polling station, aud also every officer, clerk, or agent author- 
 ised to attend at the counting of the votes, shall, before the opening of the 
 poll, make a statutory declaration of secrecy, in the presence, if he is the 
 rtturuing officer, of a justice of the peace, aud if he is any other officer or 
 an agent, of a justice of the peace or of the returning officer ; but no such 
 returning officer, officer, clerk, or ageut, as aforesaid shall, save as afore- 
 said, be required, as such, to make any declaration or take any oath on 
 the occasion of any election. 
 
 55. Where iu this Act any expressions are used requiring or authorising 
 or inferriug that any act or thing is to be done iu the presence of the 
 agents of the candidates, such expressions shall be deemed to refer to the 
 preseuce of such agents of the candidates as may be authorised to attend, 
 and as have iu fact attended, at the time aud place where such act or 
 thing is beiug done, aud the nou-attendance of any agents or agent at such 
 time and place shall uot, if such act or thing be otherwise duly done, in 
 anywise invalidate the act or thing done.
 
 271 
 
 SECOND SCHEDULE. 
 
 Nofr— The forms coutalued iu this scliodule. or forms as nearly 
 reseml)liiir; tlie siune as circuiu.staiicos will admit, shall be used iu all cases 
 to which they refer aud arc applicable, aud wheu so used shall be sufficieut 
 iu law. 
 
 Counterfoil No. 
 
 I 
 I 
 
 Note:— :¥; 
 
 77ie connterfoU '-yj 
 is to have a niiiii- vy. 
 ler to correspond j:>i 
 )rifh that on Ihr :X; 
 hock of the Ballot ^'< 
 I'aper. Jy; 
 
 
 No. 
 
 Form of Ballot Paper. 
 
 Form of Frout of Ballot Paper. 
 
 ELECTION OF PARISH COUNCILLORS. 
 
 1 
 
 BROWN 
 (John Brown, of AVater Lane, 
 
 Agricultural Labourer.) 
 
 
 2 
 
 GREEN 
 
 (Robert Green, of Mud ford, 
 Shoemaker.) 
 
 
 3 
 
 JOXKS 
 
 (William David Jone.", of Claygate 
 
 Farm, Farmer.) 
 
 
 4 
 
 MERTON 
 
 (Hon. Georg'e Travis, commonly called 
 Viicount Mertou, of Stauworth, 
 Wilts, gentleman. 
 
 
 5 
 
 ROBINSON 
 
 (Henry Robinson, of High Street, 
 
 Grocer.) 
 
 
 6 
 
 SMITH 
 
 Mary (Elizabeth Smith, of Lavender 
 Cottage, spiiieter.) 
 
 
 Form of Back of Ballot Paper. 
 
 Ward 
 
 Election of Parish Councillors for Parish [or 
 
 oi Parish] . 
 
 1894. 
 Xiiti: — The number on the ballot paper is to correspond with that iu the 
 
 counterfoil. 
 
 Directions as to Phinting Ballot Paper. 
 
 Nothing is to be printed ou the ballot paper except iu accordance with 
 this schedule. 
 
 Tlie surname of each candidate, and if there are two or more candidates 
 of the same surname, also the other nauu^s of such candidates, shall bo 
 printed iu large characters, as shown in the form, aud the uames, places of 
 abode, aud descriptions, and tho number ou the back of the paper, shall 
 be printed iu small characters.
 
 272 
 
 Form of Directions for the Guidance of the Voter in voting, ivhich 
 shall he jyrinted iii conspicuoua Characters, and placarded outside 
 every Polling Station and in every Comjiartment of every 
 Foiling Station. 
 
 The voter may vote for candidates as parish councillors. 
 
 The voter will go into one of the conipartments, and with the pencil 
 provided in the compartment, place a cross on the right-hand side, 
 opposite the name of each candidate for whom he votes, thus X 
 
 The voter will then fold up the ballot paper so as to show the official 
 mark on the back, and leaving the compartment will, without showing the 
 front of the paper to auyx^erson, show tlie official mark on the back to the 
 presiding officer and then, in the presence of the presiding officer, put 
 tiie pajaer into the ballot box, and forthwith quit the j)olling station. 
 
 If the voter inadvertently spoils a ballot paper, he can return it to the 
 officer, who will, if satisfied of such inadvertence, give him another paper. 
 
 If the voter votes for more than candidates, or places any mark 
 
 on the pai)er by which he may be afterwards identified, his ballot pajjer 
 will be void, and will not be counted. 
 
 If the voter takes a ballot paper out of the polling station, or deposits in 
 the ballot box any other paper than the one given him by the officer, he 
 will be guilty of a misdemeanor, and be subject to imprisonment for any 
 term not exceeding six months, with or without hard labour. 
 
 Note. — These directions shall be illustrated by examples of the ballot 
 paper. 
 
 Form of Statutory Declaration of Secrecy. 
 
 I solemnly promise and declare, that I will not at this election of parish 
 cotmcillors for the parish of do anything forbidden bj' section 
 
 four of The Ballot Act, 1872, which has been rsad to me. 
 
 Note. — The section must be read to the declarant by the person taking 
 the declaration. 
 
 Form of Declaeation of Inability to RE.\iD. 
 
 I, A.B,, of , being numbered on the 
 
 register of parochial electors for the parish of , do hereby 
 
 declare that I am unable to read. 
 
 A.B., his mark, 
 
 day of December, 1894. 
 
 I, the undersigned, being the presiding officer for the 
 polling station for the parish of [w ward of the parish of 
 
 ] do hereby certify, that the above declaration, having 
 been first read to the above-named A.B., was signed by him in my 
 presence with his mark. 
 
 Signed, CD., 
 
 Presiding officer for polling station for the 
 
 parish of [or ward 
 
 of tbe parish of ]. 
 
 day of December, 1894.
 
 273 
 THIRD SCHEDULE. 
 
 Sect ions 74 0)id 75 of the Municipal Corpora/ ions Act, 1882, ^-s 
 adajited and altered in their Ap/)liration to the Election of Farinh 
 
 Councillorn. 
 
 74. (1) If any person forges or fraudulently defaces or fraudulently 
 destroys any nomination paper, or delivers to the chairniau of tlie parish 
 moetiu;^ auj' forj^ed nomination j)aper, knowinj^ it to be for;;ed. he shall be 
 {>uilty of a misdemeanor, and shall bo liable to imprisonmeut for any term 
 not exceeiling six mouths, Nvith or without hanl labour. (2) An attempt 
 to commit any such offence shall be punishable as the offence is punish- 
 able. 
 
 75. (1) If any overseer of a parish ne<jlects or refuses to convene the 
 first parish meetiu<^ at the time fixed for the first election of pari^sh coun- 
 cillors, he shall for every such offence be liable to a line not exceeding one 
 liundred pounds recoverable by action. (2) If a person who has under- 
 taken to act as returning officer, or deputy returning officer, at an election 
 of parish councillors, neglects or refuses to conduct or declare tlie election 
 in manner provided by the Local Government Act, 1894. and the Farish 
 Councillors Election Order, 1894, he shall for every such offence be liable 
 to a tine not exceeding one hundred pounds, recoverable by action. (3) 
 An action under this section shall not lie alter three months from the 
 neglect or refusal.
 
 274 
 
 APPENDIX 
 
 III. 
 
 EURAL DISTRICT COUNCILLORS. 
 
 Rules for the Elections. 
 
 Returning Officer, 
 
 1. (1) The retnrnino- offi(-er shall be the clerk to the guardians of the 
 poor law union in which the parish is situate or with which it is co-extensive. 
 (2) If the clerk is unwilling to act as returning officer, or if the office of 
 clerk is vacant at the time when any duty relative to the election has to be 
 l)erformed by the returning officer, or if the clerk, from illness or other 
 sufficient cause, is unable to perform such duty, the guardians shall appoint 
 some other person to act as leturning officer or to perform such of the 
 duties of the returning officer as then remain to be performed, as the case 
 may be, but the same person shall in all cases be the returning officer at the 
 election of the rural district councillors and of any parish councillors to be 
 elected at the same date in the parish. (8) The returning officer shall 
 appoint an office for the purposes of the election, (i) The returning officer 
 may, in writing, appoint a ht person to be his deputy for all or any of the 
 purposes relating to the election of rural district councillors, and shall 
 appoint such a deputy in the case and for the purposes mentioned in rule 20 
 of this Order. A dei)uty returning officer shall have all the ])owers, dut es, 
 and liabilities of the returning officer in relation to the matttrs in respect of 
 which he is appointed as deputy. (5) The same person shall act as deputy 
 returning officer in respect of the election both of rural district councillors 
 and of any j^arish councillors to be elected at the same date in the parish. 
 
 Day of Election. 
 
 2. (1) The day of the election of rural district councillors in the parish 
 in the year 1894 shall lie Monday, the 17tli day of December in that year, or 
 such other day, not lieing earlier than Saturday, the loth day of December, 
 1894, or later than Wednesday, the 19th day of that month, as may, for 
 sjjccial reasons, be tixed by the county council. (2) Provided that tlie day 
 of election of rural district councillors in the parish and the day of the poll 
 for the election of any parish councillors to be elected at the same date in 
 the parish shall be the same. 
 
 Notice of Election. 
 
 3. (1) Kot later than Saturday, the 1st day of December, 1894, the
 
 275 
 
 rotnrninj; officer shall, fnr each ninil district or part of a rural district 
 comprisLd iu the ])Oor-l;iw iiiiiuu in Mliich tho jiarish is situiite or with 
 V liifh it is co-cxteiisivc, jjreparo atid sipn a notice of the election of rural 
 district councillors iu the luirislRs in the rural district or ])art of a rural 
 district. (2) lit) shall cause jiriiitcd cojjics (jf the notice to hu affixed on or 
 near to the principal door of each churcli and chapel in each such parish, 
 and also to he ]i(vst(_'d in some consjjicuous place or ])laees within the parish. 
 (I>) The notice shall he in the Furm ^.'o. 1 in the i-'irst iSclieduiu to this Urder 
 or in a form to the like eflect. 
 
 Nomination of Candidates. 
 
 4. (1) Each candidate for election as a rural district councillor shall he 
 nominated in writing. (2) Tiie nomination ])aiier shall state the name of 
 the parish or other area for which the candidate is nominated, the surn:ime 
 and other name or names in full of the candidate, and his place of ahode 
 and description, and whether he is qualitied as a parochial elector of some 
 parish within the poor-law union in whirh the rural district or the part of 
 the rural district containing the j)arisli or otiier area is situate is comjirised, 
 or by having during the whole of the twelve months preceding the election 
 resided in the union, or by being qmilifled to be a councillor for a borough 
 wholly or ])artly situate witliin the union. It shall be signed by two 
 ])ai()cliial electors of the jinrish or other area, as pro]>oser and secnnder, and 
 no more, and sjiall state tlicir resi)cctive places of abotle. It shall be in the 
 form set out in the notice in the Form No. 1 in the First Schedule to this 
 Order, or in a form to the like effect. (3) The name of more than one 
 candidate shall not be inserted iu any one nomination paper. (4i A 
 parochial elector shall not sign more nonunation }ia})ers than there are rural 
 district councillors to be elected for the parish or other area in the rural 
 disti'ict for which the election is to be held. He shall not sign a nomination 
 paper for any parish or other area unless he is registered as a parochial 
 elector ill resj)cct of a qualitication therein. Iseitiier shall he sigu uomina- 
 tiou papers for more than one parish or area in the rural distiict. (5) If 
 any j.arochial elector shall sign nomination ]>ai>ers for more than one jiarisli 
 or other aiea in the rural distrii't or shall sign a larger iiuinber of nominatiou 
 paper.s than the nnnd)er of rural district coUDcillors to l>e elected for the 
 pari.sii or other area, such of the nomination ]iapers signed by him as relate 
 to the first jjarish or other area for which a nomination paj)er signed by him 
 is received l)y the returning ollicer shall alone be valid, and of the nomina- 
 tion papers signed by him which relate to that ])arish or other area such as 
 are first received by the re' inning officer up to the number of rural district 
 councillors to be so elected shall alone be valid. Proviiled that for the 
 purposes of this paragraph nomination papers not properly tilled up and 
 bigued shall be excluded. 
 
 Nomination Papers to be Provided. 
 
 5. The returning officer shall provide nomination papers, and shal) 
 furiiieh tlie orersceis of the parish with a su])ply thereof. Any jiarochial 
 elector may obtain nominalion papers from either the returning officer or 
 the overseers free of charge. 
 
 Time for Sen-dtxc; in Nomivati«>n Papers. 
 
 6. Every nomination paper shall bo sent \o the returning officer, so that 
 it shall be received at his otlice not later than two o'clock in the afternoon 
 of Wednesday, the 5th day of December, IS'Jl. A uomiualiuu paper rccciveil
 
 276 
 
 after that time sliall not he valid. Tlio retnvning officer shall note on each 
 nomiuatiou paper whether it was received before or after that time. 
 
 Dealing with Xomixations by Returxixg Officer. 
 
 7. (1) The retnrninc; officer shall nnmbor the nomination papers in the 
 order in which they are received by him ; and the first valid nomination 
 paper received for a candidate shall be deemtd to be the nomination of that 
 candidate.— (2) The roturuing officer shall, as soon as practicable after the 
 receipt of any nomination paper, examine and decide whether it has or has 
 not been properly filled up and signed by two parochial electors of_ the 
 parish or other area, and whether it is or is not invalid under lUile 4 (5) or 
 Eule 6. His decision that a nomination ]iaper has been so filled up and 
 signed, and is not invalid as aforesaid, sl'ali be final, and shall not l)e 
 questioned in any proceeding wliatever. (3) If the returning officer shall 
 decide that a nomination paper is invalid, hu shall put a note on it to this 
 effect, stating the grounds of his decision, and he shall sign such note. (4) 
 After deciding that the nomination of any candidate is valid, or (except 
 where a nomination of any candidate has been decided to be valid) that a 
 nomination jiaper for the candidate is invalid, the returning officer shall, as 
 soon as practicable, send, by post or otherwise, notice of his decision to the 
 candidate. 
 
 Statement as to Persons Nominated. 
 
 8. Kot later tlian Friday, the 7th day of December, 1894, the returning 
 officer shall make out a statement in the Form No. 2 in the First Schedule to 
 this Order, or in a form to the like eifect, for each rural district, or part ot a 
 rural district, comprised in the poor-law union, containing the names, places 
 of abode, and descriptions of the persons nominated as rural district 
 councillors for the several parishes in the rural district or part of a rural 
 district, and also containing a notice of his decision as regards each candidate 
 as to whether he has been nominated by a valid nomination paper or not. 
 He shall forthwith cause a co])y thereof, to be suspended in the board-ronm 
 of the guardians of the poor-law union in which these parishes are situate, 
 and another to be affixed on the principal external gate or door of every 
 workhouse of the union, and, if the board-room of the guardians is not 
 situate at any such workhouse, on the external gate or door of the building 
 in which the board-room is comprised. 
 
 Relation of Nomination to Election. 
 
 9. Section 56 of the Municipal Corporaticms Act, 1882, shall be altered 
 and adapted in its a])plication to the election of rural district councillors in 
 the parish so as to provide as follows, and not otherwise : — (I) If the number 
 of valid nominations exceeds that of the persons to be elected, as rural 
 district councidors, the councillors shall be elected from amongst the persons 
 nominated. (2j If the number of valid nomiiiatit)ns does not exceed ^the 
 number of rural district councillors to be elected, the returning officer 
 shall on Friday, the 7th day of December, 1894, send, by post, or_ other- 
 wise, notice to each candidate who has not withdrawn his candidature 
 under Eule 10, stating that he will be returned as elected. He shall also, as 
 early as practicable, send, by post or otherwise, notice to the overseers of the 
 parish of the names, places of abode, and descriptions of the persons who will 
 be declared to be elected, and the overseers shall give public notice thereof 
 in the parish.
 
 277 
 
 WiTiiniivwAL OF Candidate. 
 
 10. Any caiiflidato may witlulraw his candidature by delivorinfr, or causing 
 to be dc;liv(,TL(l at tlicoflice of the returniu}^' oflic-er, before four o'chjek in the 
 afternoon of Friday, the 7th day of December, a notice in writing of such 
 withdrawal, signed by him. 
 
 li' Xl'mber of Candidates is REi>rrEn to Xi-.mi5i:u of Peilsons to he 
 
 I'^LEi.'TLD. 
 
 11. (1) If by tlie witlidrawal of any candidates, as provided by Rule 10, 
 the number of candidates for the i>arish is re<luced U) a inuiil or not exceed- 
 ing tiie number of persons to be elected, or, if the num])or of candidates is 
 otherwise so reduced the returning officer shall give public notice in tlie 
 ]);u-ish to tins effect, stating that no i)oll will be taken, and that the remaining 
 candidates will be declared to be elected. (2) He shall forthwith send, by 
 ])ost or otherwise, a copy of such notice to each of such last-mentioned 
 candidates. (3) The notice shall bo in the Form No. 3 iu the First Schedule 
 to this Order, or in a form to the like effect. 
 
 Day and Hours of Poll. 
 
 or 
 
 V2. (l) The poll, if any, shall be held on the day of election as fixed by 
 ,.. under Itule 2 of this Order, and the hours during which tlie poll sliall be 
 o])en siiall be such as shall be fixed by the conniy council by any general or 
 special order, so, however, that the jjoll shall always be open between the 
 liours of six and eiglit in the evening. (2) Provided that tlie hours during 
 which any poll shall be o])en for the election of rural district couuciilors and 
 of any parish couuciilors for the parish bliall be the same. 
 
 Polling Districts. 
 
 13. (1) (a) If the parish is divided into polling <listricts for the election 
 of county councillors or of parish councillors, the whole of each such district 
 being comprised in the parish, and the lists of ])arocliial electors are maile 
 out in separate parts for such districts, each district shall be a })olliiig 
 district for the election of rural district councillors, (b) If the parish is not 
 po divided, but is divielcd into wards for the election of parish councillors, 
 each ward shall be a polling district for the election of rural district 
 councillors, (c) If neither paragraph (a) nor paragraph (b) of this rule 
 :i|.plies to the parish, the returning officer may, if lie thinks fit, divide the 
 parish into polling districts for the election of rural district dunciliors, but 
 each district shall consist of an area for which sejiarate lists of parochial 
 electors will be available. ((/) The polling districts for the election of rural 
 district councillors and of any parish councillors elected at the same date in 
 the ))arish shall be the same. (2) If the jtarisli is divided into polling 
 districts, each parochial elector sluiU give his vote in the jiolling district iu 
 which the property in respect of which he is entitled to vote is situate, and 
 if it is situate in more than one polling district, he may vote iu any one (,but 
 in one only) uf the polling districts in which it is situate. 
 
 Polling Places and Station.s. 
 
 14. The returning offii'cr shall determine the number and situation of the 
 polling places. Provided as follows : — (<t) That no i»remises licensed for the 
 sale of intoxicating liquor shall bo used for a p.)lling ])lace. (/)) That the 
 same i)olliug stations shall bo used for the eleotiou of rural district
 
 278 
 
 coiincillors'aml of any parish councillors to be elected at the fame date in the 
 parish, (c) Tliat, unless the county council otherwise direct, where t!ie 
 number of parochial electors in the parish, or (if the parish is divided into 
 Iiollnig districts) in any polling; distiict, is not more than five hundn^d, 
 only one polling station shall be provided for the paiisli or polling district; 
 and so on for each additional five hundred parochial electors, or for any less 
 number of parochial electors over and above the last five hundred. 
 
 Notice op the Poll. 
 
 15. (1) If a poll has 1o be taken, the returning officer shall, five clear days 
 at least before the day fixed for the s-ime, give public notice thereof. The 
 notice shall specify — («) tlie day and hours fixed for the ])oll ; (h) the number 
 of rural district councillors to be elected for the | arish; (c) the names, place 
 of abode, and description of each candidate for the parish whom he has 
 decided to have been nominated by a valid nomination paper, and who has 
 not withdrawn his candidature; {d} the names of the proposer aod seconder 
 who signed the nomination pajier of each candidate ; (e) a description of tlie 
 polling districts, if any ; and (/) the situation and allotment of the polling 
 places, ami the description of the persons entitled to vote thereat and at the 
 f-ev( ral polling stations. (2) The notice sliall be in the Form No. 4 in the 
 First Schetlule to this Older, or in a lorni to the like effect. (3) Jf polls 
 are to be taken in the parish as to tlie election of both rural district 
 c(mncillors and parish councillors, the returning officer may, if he thinks fit, 
 give one notice only for b(jth polls, and such notice shall be in the Form No. 
 5 in the First Schedule to this Order, or in a form to the like effect. 
 
 Presiding Officers. 
 
 16. The returning officer, or some person appointed by him for the 
 purpose, shall preside at each polling-station. The person presiding at any 
 polling-staticm shall be called the presiding officer. Provided as follows: — 
 {(i) At any polling-station the same perscm shall act as presiding officer for 
 the election of rural district councillors and of any parish councillors to bo 
 elected at the same date in tlie parish, {b) In making appointments under 
 this rule the returning officer shall, as far as jiraciicable, secure the services 
 of suitable persons resident in the parish, so as to diminish expense. 
 
 Compartments of Polling Stations. — Ballot Papers. 
 
 17. The returning olficer shall furnish every polling-station with such 
 number of compartments in which the voters can mark their votes screened 
 from observation, and shall furnish each pic-;iding officer with such numlicr 
 of ballot papers as may bo necessary for effectually taking the poll at the 
 election. 
 
 Polling Agents. 
 
 18. If there are only two candidates, each of them may, in writing, 
 appoint a polling agent for each polling-station, who may be paid or unpaid. 
 J t there are more than two candidati s, any number of them, being not less 
 than one-third of the whole number of candidates, may, in writing, appoint 
 one polling agent for each polling-station, who may be paid or unpaid. Any 
 such appointment shall bo deiivereii at the office of the returning officer not 
 less than two clear days before the day of the poll. Except as aforesaid, no 
 ]V)lling agent, whether paid or unpaid, shall be appointed for the purposes of 
 the election.
 
 
 
 Questions to Electors. 
 
 19. (1) Tlie presiding oflicor may, and if required by any parochial 
 elector oF tlio parisli, or any polling' apotit a|)pointed iindi-r Iliilc IH, sliall 
 put to any elector at the time of his applyiri<i; for a lallot paper, but not 
 aftcrwanls, tlie followiiiK (inostions, or one of thciii, and no otlier: — ('/) Are 
 you th(! person entered in tlie ]»aroeliial re<;istcr for this ])arish (or wardj as 
 follows (read the wjiolo entry from the refristerj? (I>) JJavo you already 
 voted at the present election of rural district conncillors in this or any otlier 
 parisli or ward in the rural district of ? (2) A person required to 
 answer either of these questions shall not receive a ballot paper or be 
 permitted to vote until he has answered it. 
 
 Countixo the Votes. 
 
 20. (1) Tlie returning officer, wlu ii lie does not act as a presidincr officer 
 at any ])()liiiis-statiou for the ]iai-isli, shall a]ipoiiit t'lc pre-^idiiii; officer or 
 some one of tlie presiding officers to act as deputy returning officer for the 
 parish, as regards the custody and opening of the ballot boxes, the counting 
 and recording of the votes, and tlie declaration oftheniiinlier of votes given for 
 each candidate, and of the election of the candidate or candidates to whom 
 the largest number of votes has been given. The person so appointed shall, 
 in addition to his other ])owcrs and duties, have all the powers and duties of 
 the returning officer in relation to the decision of any question as to any 
 ballot paper and otherwise as to the ballot i^apoiN. Provided that, if the 
 parish is divided into wards for the election either of rural district coun- 
 cillors or of ]>arish councillors, Init not for both elections, or, if the pai'ish is 
 so divided for both elections, and tlie wards are not the same for both 
 elections, one de])uty returning officer shall act under this rule for tlie whole 
 of the ])arish. (2) The same person shall act as deputy returning officer in 
 res]iect of the election lioth of rural district councillors and of any parish 
 councillors to be elected at the same date for the parish. (3) The votes 
 shall be counted in the ]iarish or in some place near thereto as soon as 
 practicable after the close of the poll. 
 
 EQUALITY OF Votes. 
 
 21. If an equality of votes is finnd to exist between any candidates, and 
 the addition of a vote would entitle any of such candidates to be declared 
 elected, the returning officer or deputy returning officer, as the case may be, 
 may, if a ]iarochial elector of the parish, give such additional vote in writing, 
 but sliall not otherwise be entitled to vote. 
 
 Decl.vuation of Resllt of Poll. 
 
 22. (1) Tlie declaration of the result of the poll shall be in the Form 
 No. (> in the Fir.-<t Schedule to this Order, or in a form to the like effeo*. 
 (2) The returning officer or deputy returning offi'jcr, as the case niay he, 
 making the declaration shall forthwith cause a copy of it to be affixed ou 
 the front of the building in which the votes Jiave been counted. If the 
 declaration is ni;ide by a deputy returning officer, he shall fortlnvith send it 
 to the returning officer. 
 
 •o 
 
 WlIKX llrilAL DiSTUICT CorXCILLOUS come into Ori'KE. 
 
 27. (1) The rural district councillors elected shall come into office on 
 Friday, the 28th day of December, 16[)i. 
 
 Jarrold and Soii/i, Printers, XorwU'h, Ynrmonth, and London.
 
 JARROLD & SOUS beg to can the 
 
 attention of the Farmers of the Eastern 
 Counties to the following Farm 
 Afcount Books, the New Editions of 
 which are now ready. 
 
 " The very best Farm Account Book we have ever seen." — 
 Mark Lane Express. 
 
 Webb's Practical Accoiiiit Boole, 6s. 
 
 Do. Special Editions for Large Farms, 7S. 6(1. 
 
 From the Preface, hjj 
 
 CLARE SEWELL READ, Esq. 
 
 " If this account book is properly kept, it will furnish a complete 
 record of all the transactions of the farm, and i^reseut to the 
 occupier of the soil a fair statement of his profit or loss for the 
 year. Without some such accounts, no farmer, however practical 
 tind sound his judgment, can really form an accurate estimate of 
 his financial position. His banking book may show a larger bal- 
 ance at the end of the year, and yet the apparent gain may be 
 r.iiialy due to earlier sales of grain or stock, or unpaid liabilities." 
 
 JarroMs' Labour Accoimt Book, 4s. 6d. 
 
 Do. Cheap Edition - - - -2?. 
 
 Do. The Favourite 4to Edition for Small Farms ZS. Du. 
 
 Each of the above may he had to commence the week either Monday or 
 Saturday. Sat)iple pai/eis on applivation. 
 
 JAEROLD & SONS, LONDON & NOEWICH,
 
 UNIVERSITY OF CALIFORNIA, LOS ANGELES 
 
 THE UNIVERSITY LIBRARY 
 
 This book is DUE on the last date stamped below 
 
 Form L-» 
 25m-10, '11(2191) 
 
 jwiVERS'-'- 
 
 miA
 
 Jii 
 
 ...C -.':_i'^ux-i 
 
 3075 The parish 
 M85p councils guide. 
 1694 
 
 "-SM|lSlli?Hli!?iMlnT"'^''^'^'^ 
 
 AA 000 516 461 
 
 JS 
 
 3075 
 M85p 
 1894