References.-contd. 39 & 40 Vict. c. 56, s. 8. "shall be lawful for the urban sanitary authority of any such town to appear References. "before the assistant commissioner on the occasion of his holding a local inquiry "as in this Act mentioned, and also to appear before the inclosure commissioners, "and to make to him or them, at any time during the proceedings in relation to "obtaining a provisional order under this Act, such representations as they may "think fit with respect to the expediency or inexpediency of such application, "regard being had to the health, comfort, and convenience of the inhabitants of "the town over which such authority has jurisdiction, and to propose to him or "then such provisions as may appear to such urban sanitary authority to be proper, regard being had as aforesaid. 66 Any urban sanitary authority entitled to receive notice of an application in "relation to a suburban common may, with the sanction of the inclosure "commissioners, enter into an undertaking to contribute out of their funds for or towards the maintenance of recreation grounds, or of paths or roads, or the doing any other matter or thing for the benefit of their town in relation to the common to which such application relates. They may also, in relation to any such common, and with such sanction as "aforesaid, enter into an undertaking to pay compensation in respect to the rights "of commoners, for the purpose of securing greater privileges for the benefit of "their town. “An urban sanitary authority may acquire by gift and hold without licence in "mortmain on trust for the benefit of their town any suburban common in respect "of which they would be entitled to receive notice of any application made to the "inclosure commissioners in pursuance of this Act, and any rights in such a common. "They may also in the case of any such suburban common purchase and hold as aforesaid, with a view to prevent the extinction of the rights of common, any "saleable rights in common or any tenement of a commoner having annexed "thereto rights of common. "They may also, with the consent of persons representing at least one-third in "value of such interests in a suburban common as aforesaid as are proposed to be "affected by the provisional order, make an application to the inclosure "commissioners for the regulation of such common with a view to the benefit of "their town and the improvement of such common. "Where an urban sanitary authority makes an application under this Act with "such consent as aforesaid in respect of the regulation of a common, or "undertakes to make any contribution or to pay any compensation or make any "other payment out of its funds in respect of a common, such urban sanitary "authority may, if the inclosure commissioners deem it advisable, having regard "to the benefit of the neighbourhood as well as to private interests, be invested "with such powers of management or other powers as may be expedient. "The expenses incurred by an urban sanitary authority in pursuance of this "section may be defrayed out of any rate applicable to the payment of expenses "incurred by such authority in the execution of the Public Health Act, 1875, and "not otherwise provided for. "A town for the purposes of this section means any municipal borough, or "Improvement Act district, or Local Government district, having a population of "not less than five thousand inhabitants. "The population of any town for the purposes of this Act shall be reckoned according to the last published census for the time being, and distances shall be "measured in a direct line from the town hall, or if there shall be no town hall, "then from the cathedral or church, if there shall be only one church, or if there "be more churches than one, then from the principal market place of such town "to the nearest point of the suburban common. When part only of a common is "situate within the aforesaid distance from a town, such part shall be deemed for "the purposes of this section to be a common separate and distinct from the part "situated without and beyond such distance." 56 & 57 Vict. C. 73, S. 29. Sect. 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 Expenses of rural 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: district council. 38 & 39 Vict. C. 55. 41 & 42 Vict. C. 77 Guardians in (a.) Any highway expenses shall be defrayed as general expenses : (b.) 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 chargeable on a contributory place be raised as general expenses, they may further direct that such special expenses shall be raised in like manner as general expenses, and not by such separate rate for special expenses as is mentioned in section two hundred and thirty of the Public Health Act, 1875:1 (c.) A district council shall have the same power of charging highway expenses under exceptional circumstances on a contributory place as a highway board has in respect of any area under section seven of the Highways and Locomotives (Amendment) Act, 1878:2 (d.) Where highway expenses would, if this Act had not passed, have been in whole or in part defrayed in any parish or other area out of any property or funds other than rates, the district council shall make such provision as will give to that parish or area the benefit of such property or funds by way of reduction of the rates on the parish or area. Sect. 30. The provisions of this Part of this Act respecting guardians shall county boroughs apply to the administrative county of London and to every county borough. Provisions as to London vestries and district boards, 48 Vict. c. 10. 18 & 19 Vict. C. 120. Application to county boroughs of provisions as to transfer of justices' powers Power to apply certain provisions of Act to urban districts and London. Sect. 31. (1.) The provisions of this Act with respect to the qualification of the electors of urban district councillors, and of the persons to be elected, and with respect to the mode of conducting the election, shall apply as if the members of the local board of Woolwich and the vestries elected under the Metropolis Management Acts, 1855 to 1890, or any Act amending those Acts, and the auditors for parishes elected under those Acts, and so far as respects the qualification of persons to be elected as if members of the district boards under the said Acts were urban district councillors, and no person shall, ex-officio, be chairman of any of the said vestries. Provided that the Elections (Hours of Poll) Act, 1885,3 shall apply to elections to the said vestries. (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 Management Act, 1855, shall apply only in case of the absence of such chairman, and the provisions of this Act with respect to chairmen of urban district councils being justices shall apply as if the said vestries and boards were urban district councils. (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 by the vestry. Sect. 32. The provisions of this Part of this Act respecting the powers, duties, and liabilities of justices out of session, or of quarter sessions, which are transferred to a district council, shall apply to a county borough as if it were an urban district, and the county borough council were a district council. Sect. 33.-(1.) The Local Government Board may, on the application of the council of any municipal borough, including a county borough, or of any other urban district, make an order conferring on that council or some other representative body within the borough or district all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revocation of appointment of assistant overseers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a parish council, and applying with the necessary modifications the provisions of this Act with reference thereto. (2.) Where it appears to the Local Government Board that, by reason of the circumstances connected with any parish in a municipal borough (including a county borough) or other urban district divided into wards, or with the parochial charities of that parish, the parish will not, if the majority of the body of trustees administering the charity are appointed by the council of the borough or district, be properly represented on that body, they may, by their order, provide that such of those trustees as are appointed by the council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish. (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 of urban districts shall apply to the administrative county of London in like manner as if the district of each sanitary authority in that county were an urban district, and the sanitary authority were the council of that district. (7.) The Local Government Board shall consult the Charity Commissioners before making any order under this section with respect to any charity. 56 & 57 Vict. C. 73, S. 33. Supplemental provisions as to control of over. seers in urban Sect. 34. Where an order of the Local Government Board under this Act confers on the council of an urban district, or some other representative body within the district, either the appointment of overseers and assistant overseers or the powers, duties, and liabilities of overseers, that order or any subsequent order of the Board may confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Rate Assessment and Collection 32 & 33 Vict. Act, 1869.5 districts. C. 41. Sect. 35. Save as specially provided by this Act, this Part of this Act shall Restrictions on not apply to the administrative county of London or to a county borough. application of Act to London, &c. 66 References. 1 See page 320. The enactment referred to is as follows:-"Provided, that if a highway "board think it just, by reason of natural differences of soil or locality, or other exceptional circumstances, that any parish or parishes within their district should "bear the expenses of maintaining its or their own highways, they may (with the 66 approval of the county authority or authorities of the county or counties within "which their district, or any part thereof, is situate) divide their district into two or more parts, and charge exclusively on each of such parts the expenses payable "by such highway board in respect of maintaining and keeping in repair the high"ways situate in each such part; so, nevertheless, that each such part shall consist "of one or more highway parish or highway parishes.” References. 41 & 42 Vict. c. 77, s. 7. 3 This Act provides that "The poll (if any) shall commence at eight o'clock in 48 Vict. c. 10, "the forenoon, and be kept open till eight o'clock in the afternoon of the same s. 1. 66 day and no longer (s. 1).' • The section provides that "Every [district] board shall at every meeting of 18 & 19 Vict. "such board, before proceeding to business, elect a chairman of such meeting, and c. 120, s. 41. "such chairman, in case of an equality of votes on any question, shall have a "second or casting vote." 5 See page 296. PART III. AREAS AND BOUNDARIES. Sect. 36.-(1.) For the purpose of carrying this Act into effect in the case of (a.) every parish and rural sanitary district which at the passing of this Act is (c.) every rural parish which has a population of less than two hundred; and (e.) every rural parish which is co-extensive with a rural sanitary district; (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 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. (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 otherwise direct, and subject to any alteration of area made by or in pursuance of this or any other Act, be separate parishes, in like manner as if they had been constituted separate parishes under the Divided Parishes and Poor Law Amendment Act, 1876, and the Acts amending the same.2 (3.) Where a parish is divided by this Act, the county council may by order provide for the application to different parts of that parish of the provisions of this Act with respect to the appointment of trustees or beneficiaries of a charity and for the custody of parish documents, but the order so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners. (4.) Where a rural parish is co-extensive with a rural sanitary district, then, until the district is united to some other district or districts, and unless the county council otherwise direct, a separate election of a parish council shall not be held for the parish, but the district council shall, in addition to their own powers, have the powers of, and be deemed to be, the parish council. (5.) Where an alteration of the boundary of any county or borough seems expedient for any of the purposes mentioned in this section, application shall be made to the Local Government Board for an order under section fifty-four of the Local Government Act, 1888.3 (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. 1 See page 363. 3 See page 362. 2 The effect of these Acts is set out at page 11. (7.) Where an order for the alteration of the boundary of any parish or the division thereof, or the union thereof or of any part thereof, with another parish is proposed to be made after the appointed day, notice thereof shall, a reasonable time before it is made, be given to the parish council of that parish, or if there is no parish council, to the parish meeting, and that parish council or parish meeting, as the case may be, shall have the right to appear at any inquiry held by the county council with reference to the order, and shall be at liberty to petition the Local Government Board against the confirmation of the order. (8.) Where the alteration of the boundary of any parish, or the division thereof or the union thereof or of part thereof with another parish, seems expedient for any of the purposes of this Act, provision for such alteration, division or union may be made by an order of the county council confirmed by the Local Government Board under section fifty-seven of the Local Government Act, 1888.1 (9.) Where a parish is by this Act divided into two or more parishes, those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included. (10.) Subject to the provisions of this Act, any order made by a county council in pursuance of this part of this Act shall be deemed to be an order under section fifty-seven of the Local Government Act, 1888,1 and any board of guardians affected by an order shall have the same right of petitioning against that order as is given by that section to any other authority. (11.) Where any of the areas referred to in section fifty-seven of the Local Government Act, 1888,' is situate in two or more counties, or the alteration of any such area would alter the boundaries of a poor law union situate in two or more counties, a joint committee appointed by the councils of those counties shall, subject to the terms of delegation, be deemed to have and to have always had power to make orders under that section with respect to that area; and where at the passing of this Act a rural sanitary district or parish is situate in more than one county, a joint committee of the councils of those counties shall act under this section, and 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. 56 & 57 Vict. C. 73, s. 36. 51 & 52 Vict. C. 41. (12.) Every report made by the Boundary Commissioners under the Local 50 & 51 Vict Government Boundaries Act, 1887,2 shall be laid before the council of any c. 61. administrative county or borough affected by that report, and before any joint committee of county councils, and it shall be the duty of such councils and joint committees to take such reports into consideration before framing any order under the powers conferred on them under this Act. (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 or further period the powers of the county council for that purpose shall be transferred to the Local Government Board, who may exercise those powers. a Sect. 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 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. Provision as to parishes having parts with defined boundaries. |