Edw. 7, C, 31, 59 & 60 Vict. c. 48. 5. MISCELLANEOUS. Subsection one of section five of the Light Railways Act, 1896, so far as it relates to the industry of fishing. Note. Under the subsection, the Treasury may, where it is certified by the Board of Agriculture and Fisheries, that by the making of any light railway a necessary means of communication would be established between a fishing harbour or fishing village and a market, agree that the railway be aided out of public money by a special advance. The Treasury must be satisfied that the railway would not be constructed without special assistance from the State; that an existing railway Company will construct and work the railway if an advance is made, and that landowners, local authorities, and other persons locally interested have by the free grant of land or otherwise, given all reasonable assistance in their power for the construction of the railway. Offences in relation to polls. 6. Non-compliance with procedure. 7. Expenses of opposing Bills. 8. Transfer to Local Government Board of certain powers of Secretary of State. Expense of promoting Bills. 35 & 36 Vict. C. 91 Short title and commencement. An Act to amend the Borough Funds Act, 1872. [11th August, 1903.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Note. This Act came into operation on 1st October, 1903 (s. 12 (2)). A circular of the Local Government Board explaining its provisions follows. Sect. I. No expense in relation to the promotion of a Bill in Parliament shall be charged by the council of a borough or urban district under the Borough Funds Act, 1872, unless the requirements contained in the first schedule to this Act have 3 Edw. 7, c. 14. been observed. Notes." Governing body" is defined by section I of the Borough Funds Act, 1872 (35 & 36 Vict. c. 91) in terms which include councils of boroughs or urban districts. But the expression does not include a rural district council. The provisions of the Act of 1872 do not extend to applications for any Bill in Parliament for any object which would, for the time being, be attainable by Provisional Order (s. 10). The present Act applies for the most part to councils of boroughs and urban districts only. Section 8 affects county councils also; but the rest of the Act does not, because in the case of the opposition to or promotion of Bills by a county council, no consent of owners and ratepayers is required [Local Government Act, 1888 (51 & 52 Vict. c. 41) s. 15; County Councils (Bills in Parliament) Act, 1903 (3 Edw. 7, c. 9) s. 1]. S. I. Governing extend to Bills if Councils to which this Act applies. and opposition to Bills. When in the judgment of a governing body in any district it is expedient for Promotion of such governing body to promote or oppose any local and personal Bill or Bills in Parliament, it is lawful for such governing body to apply the borough fund, borough rate, or other the public funds or rates under the control of such governing body to the payment of the costs and expenses attending the same; and when there are several funds or rates under the control of the governing body, such governing body are to determine out of which fund or funds, rate or rates, such expense shall be payable,fand in what proportions (35 & 36 Vict. c, 91, s. 2). But no powers contained in section 2 are to apply in any case where the promotion of or opposition to a Bill by a governing body has been decided by a Committee of either House of Parliament to be unreasonable or vexatious, and nothing in the Act contained is to authorise any governing body to promote any Bill in Parliament for the establishment of any gas or water works to compete with any existing gas or water company established under any Act of Parliament (Ibid). No payment to any member of a governing body for acting as counsel or agent promoting or opposing any such Bill is to be charged (s. 3). No expense in relation to promoting [or opposing] any Bill or Bills in Parliament is to be charged unless incurred in pursuance of a resolution of an absolute majority of the whole number of the governing body at a meeting of the governing body, after ten clear days notice by public advertisement of such meeting and of the purpose thereof in some local newspaper published or circulating in the district, such notice to be in addition to the ordinary notices required for summoning such meeting, nor unless such resolution has been published twice in some newspaper or newspapers circulating in the district, and has received the approval of the Local Government Board, and in case of the promotion of a Bill in Parliament no further expense shall be incurred or charged as aforesaid after the deposit of the Bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the Bill ir. Parliament (s. 4; 3 Edw. 7, c. 14, ss. 8, 10, sched. 2). The approval of the Local Government Board is not to be given to any such resolution until the expiration of 7 days after the second publication thereof, and in the meantime any ratepayer within the district of the governing body may give notice in writing to the Local Government Board objecting to such approval (35 & 36 Vict. c. 91, s. 5; 3 Edw. 7, c. 14, ss. 8. 10, sched. 2). Approval of resolution by Local Government Board. A memorandum of the Local Government Board as to applications to that Local inquiry. Board for approval is printed at page 21 post. The Local Government Board have power to direct a local inquiry to be held upon any application under the Act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expense of such local inquiry upon the governing body or the person by whom such application is made (35 & 36 Vict. c. 91, s. 7; 3 Edw. 7, c. 14, ss. 8, 10, sched. 2). Edw 7, C. 14, S. I. Promotion of Withdrawal of Bill, or part, in case of adverse poll. Expenses when Bill is withdrawn. Saving for special Acts. When the expense incurred relates to the promotion of a Bill, the requirements in the schedule to this Act must also be observed. But section 6 contains a saving for failure to comply with the requirements of this Act where its provisions have been substantially complied with and the failure has not affected the result of the proceedings under the Act. As to the expenses when the Bill is wholly or partly withdrawn, see section 3 post. Sect. 2.—(1.) If the result of a poll under this Act, or the decision of a meeting of electors when final, is against the promotion of the Bill, or of a part or parts, or clause or clauses, of the Bill, the council shall forthwith take all necessary steps to withdraw the Bill, or the part or parts, or clause or clauses (as the case may be), against which the poll has resulted or the decision of the meeting has been given. Notes.-The electors are the "parochial electors" for the parishes in a borough or district (s. 9, post). "Forthwith" means within a reasonable time-Thomas v. Noakes (1868) 6 Eq. 521; Thomas v. Western Trawling Company (1894) (58 J. P. 672). (2.) In the case of equality of votes on any question of promotion, that question shall be deemed to be decided against the promotion. Sect. 3. Where a Bill, or a part or parts, or clause or clauses, of a Bill, is or are withdrawn, no further expense shall be incurred by the council, or mayor or chairman, in or about the promotion of the Bill, or part or parts, or clause or clauses, so withdrawn, but subject as aforesaid, all costs, charges, and expenses incurred by the council, or mayor or chairman, in or as incidental to the preparation and promotion of the Bill up to and inclusive of its deposit in Parliament and withdrawal (if withdrawn), and in or as incidental to the holding of a meeting or the taking of a poll under this Act, shall, when taxed by a taxing officer of one of the Houses of Parliament, and allowed under the Borough Funds Act, 1872, be charged on and payable out of such one or more of the public funds or rates under the control of the council (and, if more than one, then in such proportions) as the council, having regard to the nature and objects of the Bill, may determine to be just and proper. Note.-Section 6 of the Act of 1872, as amended by sections 8 and 10 of this Act, provides that all costs, charges, and expenses incurred under the provisions of this Act shall, before the same become chargeable, be examined and allowed by some person to be authorised by the Local Government Board. Sect. 4. Nothing in this Act shall extend or be construed to alter or affect any special provision in any local Act for the payment of the costs, charges, and expenses in relation to the S. 4. promotion by any council of a Bill in Parliament, or to take 3 Edw. 7, c. 14. away or diminish any rights or powers now possessed or Saving for enjoyed by any council, or which are or shall be vested in or special Acts. exerciseable by the inhabitants of the district of any council under any general or special Act, but the council may, if they think fit, adopt with respect to the promotion of any Bill the procedure provided by this Act in lieu of that provided by their local Act. Sect. 5.—(1.) Any person who at, or for the purposes of, a Offences in poll under this Act (i.) fraudulently signs or forges any signature to a requisi- (ii) applies for a voting paper in the name of some other (iii.) having voted once, applies for a second voting paper (iv.) forges or counterfeits, or fraudulently defaces or (v.) without due authority supplies a voting paper to any (vi.) fraudulently puts into any box or other receptacle (vii.) fraudulently takes out of the polling station any (viii.) without due authority destroys, takes, opens, or shall be liable on summary conviction to a fine not exceeding Note.-Paragraphs (ii.) and (iii.) above are similar to provisions of section 24 and paragraphs (iv.) to (viii.) to provisions of section 3 of the Ballot Act, 1872 (35 & 36 Vict. c. 33), as to offences in respect of ballot papers. (2.) An attempt to commit any offence specified in this section shall be punishable in the manner in which the offence is punishable. relation to polls. Sect. 6. The failure to comply with the requirements of this Non-compliance with procedure. Act as to notices or the time within which anything is to be done, or in the procedure at a meeting of electors or the mode of taking a poll, shall not render invalid the charge under the Powers of governing bodies and county councils with reference to Bills for confirming Provisional Orders made under 51 & 52 Vict. C. 25, S 24. Transfer to Local Borough Funds Act. 1872, or this Act of any expenses in Sect. 7.-(1.) The provision contained in section 4 of the Borough Funds Act, 1872, that no expense in opposing a Bill in Parliament shall be charged unless the opposition has had the consent of the owners and ratepayers of the district, shall cease to apply. Note.-A proviso to section 4 of the Act of 1902, enacted that no expense in promoting or opposing any Bill in Parliament should be charged as aforesaid unless such promotion or opposition had the consent of the owners and ratepayers of that district. No such consent to the opposition will now be required. The proviso is repealed by section 10 and schedule 2 post and so far as the promotion of a Bill is concerned is replaced by the provisions of section I and schedule I of this Act. (2.) In section one of the Railway and Canal Traffic (Provisional Orders) Amendment Act, 1891, references to the Borough Funds Act shall be construed and have effect as references to the Borough Funds Act, 1872, as amended by this Act. * * Note.-Section I of the Act of 1891 is, in its application to England and Wales,, as follows:"Sect. 1. Every governing body within the meaning of the Borough Funds Act and every county council shall be entitled to be a petitioner and to appear and oppose any Bill to confirm any Provisional Order made under section twenty-four of the Railway and Canal Traffic Act, 1888, and to provide or contribute towards providing the expenses of the appearance or opposition of a petitioner out of the funds or rates under their respective control, as if the Bill for confirming such Provisional Order were a local or personal Bill within the meaning of section two of the Borough Funds Act * 本 * and the provisions of the said last-mentioned Acts respectively shall apply to any such appearance or opposition, and to any expenses incurred or to be incurred in relation thereto : Provided that in the case of a county council no consent of owners and ratepayers shall be required." Sect. 8. The powers conferred upon the Secretary of State Board of certain by the Borough Funds Act, 1872, or by virtue of any extension or application of that Act, shall be transferred to and exercised by the Local Government Board. powers of Secretary of State. Notes. The powers transferred from the Secretary of State to the Local Approval of a resolution of a council to promote or oppose a Bill in Holding of a local enquiry (s. 7)-see Note to section I ante. The transfer effected by this section affects proceedings by county councils as well as borough and urban district councils under the Act of 1872. |