Sundays, Bank
Holidays, &c.

Separate parishes created out of parish in two or more sanitary districts, unless County Council

otherwise order.

Unless in cases of absolute necessity, where very urgent business must be transacted, it would be well to avoid convening a Parish Meeting or a meeting of a Board of Guardians, or of a Parish or District Council, on any of the days referred to in the section.

EFFECT OF ACT ON PARISHES IN MORE THAN ONE SANITARY

DISTRICT.

In explaining what constitutes a "rural parish" under the Act reference was made to the case of a parish partly situated in a Rural Sanitary District. These cases require careful consideration, as the effect is to bring about important changes of parochial areas. Where a parish was at the passing of the Act partly within and partly without a Rural Sanitary District, the part within and the part without the district become from "the appointed day" 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 (s. 1 (3)). The part in the Rural Sanitary District thus becomes a separate parish and a rural parish under the Local Government Act.

Every parish which was at the passing of the Act in more than one Urban District is dealt with similarly. The part in each Urban District becomes as from "the appointed day," unless the County Council for special reasons otherwise direct, a separate parish as if so constituted under the Divided Parishes Act (s. 36 (2)). The object of both provisions is to secure that a parish shall as a rule be in one County District only; but the division of a parish situate partly in and partly outside a Rural Sanitary District will, if no alteration in area is made by an order of the County Council, be effected in every case by the Act, whilst the division of a parish in more than one Urban District will not take place if the County Council for special reasons so direct.

Each new parish formed by the division of a parish by the Act is to bear such name as the County Council direct.

Every change of name is to be published in such manner as the County Council direct. Any such change will not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name (s. 55 (2) (4) (5)).

A County Council may deal with a parish in more than one Sanitary District by altering the boundaries of the Sanitary District.'

A reference to the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), and the amending Acts, which are the Poor Law Act, 1879 (42 & 43 Vict. c. 54), and the Divided Parishes and Poor Law Amendment Act, 1882 (45 & 46 Vict. c. 58),

See page 197.

is necessary to explain the position of the new parishes created under these provisions of the Local Government Act, 1894.

c. 61, &c.

A parish constituted under the Divided Parishes and Poor Law New parishes. Amendment Act, 1876, becomes a parish for all lay and civil 39 & 40 Vict. purposes to which a parish may be liable or entitled, and overseers must be appointed for it (39 & 40 Vict. c. 61, s. 6). The overseers of any parish divided by the Local Government Act, 1894, are, however, to continue in office as if they were overseers of each part constituted a separate parish until the first appointment of overseers next after the appointed day (Local Government Act, 1894, s. 79 (11)). Separate overseers for the new parishes will consequently be first appointed at the usual time in 1895.

The Act does not apply to the ecclesiastical divisions of parishes and the constitution of School Districts is not affected without the sanction of the Education Department; and for the purposes of the election of members of Parliament, of the jury lists, of the action of the justices and of the police and constables, the parishes are to be deemed unaltered until new lists are made and new constables are appointed (39 & 40 Vict. c. 61, s. 4). Nothing in the Acts is to prejudice, vary, or affect any right, interest, or jurisdiction in or over any charitable endowment applicable for the benefit of a divided parish (s. 9), but where a parish is divided by the Local Government Act, 1894, the County Council may by order provide, with the approval of the Charity Commissioners, for the application to different parts of that parish of the provisions of the Local Government Act with respect to the appointment of trustees or beneficiaries of a charity1 (s. 36 (3) ). The order is by section 36 (10) to be deemed to be an order under section 57 of the Local Government Act, 1888,2 but the order will not require confirmation by the Local Government Board (s. 40). It is not clear what the order could do with respect to any urban part of the parish, as the provisions of section 14 relate to rural parishes only, but apparently it could only apportion the charity property and administration.

The division of a parish by the Act of 1894 does not of itself alter in any way the poor law union, and the new parishes will, until it is otherwise provided, be included in the same union in which the original parish was included (s. 36 (9)). Every valuation list made for a divided parish continues in force until a new valuation list is made (s. 85 (4)).

In many parishes the overseers are accustomed to make one rate only to meet the estimated expenditure for the whole year of their office; but although section 85 (1) of the new Act provides that every rate and precept for contributions made before the appointed day may be assessed, levied, and collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if the Act had 2 See page 276.

1 See pages 75, 76.

Rates before appointed day.

Rates before appointed day.

Existing officers

of divided parish.

not passed, and the overseers of the whole undivided parish are to remain in office as overseers of the new parishes until the appointment, in the ordinary course, of overseers for the new parishes is made, it would probably be more convenient in the year 1894 to estimate the rate for the whole parish to meet all the expenses which will be incurred before the appointed day, and to make further rates for the new parishes to cover the period which remains of the overseers' term of office. An adjustment of property and liabilities between the old and new parishes may be made under section 68.'

Any officer for a parish divided by the Act will hold his office as such officer for each new parish formed by the division, and his salary will be borne by the respective parishes in proportion to their rateable value at the commencement of the local financial year next after the passing of the Act (s. 81 (5)).

The local financial year to which this provision refers begins on the 1st April, 1894 (Local Government Act, 1888, s. 73 (1), which is made applicable by s. 75 (1) of the Local Government Act, 1894). But this date has reference only to the purpose of adjusting the proportion in which the salaries of officers are to be borne by new parishes formed by division of a parish under the Act, and it does not apply to parochial accounts which in 1894 will be made up to the usual day.

1 See page 180.

CHAPTER II.

Parish Meetings-Constitution of—Notices of Assembly
of-Proceedings-Polls-Parish Meetings for
Parts of Parish-Powers of Parish Meeting in
Parish with a Parish Council-Powers of, in
Parish without a separate Parish Council.

CONSTITUTION OF PARISH MEETING.

RURAL Parishes under the Local Government Act, 1894, may be for practical purposes divided into two classes, namely, those in which a separate Parish Council will be established, and those in which there will be no separate Parish Council. There will be a Parish Meeting for every rural parish, whether or not the parish has a separate Parish Council, or whether or not it is grouped with another parish or parishes under a common Parish Council (s. 1 (1)); but in the case of a parish without a Parish Council, some of the powers of a Parish Council will be exercised by the Parish Meeting. One of the principal functions of the Parish Meeting in parishes having a Parish Council will be to elect Parish Councillors. Parishes in Urban Sanitary Districts will have neither a Parish Meeting nor a Parish Council.

Parish Meeting for every Rural Parish.

parish meeting

Generally, the constitution of the Parish Meeting and its procedure Constitution of will be the same whether the parish has or has not a separate Parish Council. In the following observations attention will be drawn to any points of difference as they arise.

The Parish Meeting is to consist of the parochial electors and no other persons; and it is sufficient for the present purpose to state that the "parochial electors" will be the voters registered in respect of a parish in the local government and the parliamentary register of electors (s. 2 (1)). In other words, either the county council or the parliamentary franchise will qualify a person to be a parochial elector.

For the purposes of the Act, married women may be placed on the local government register (s. 43). The register of parochial electors will include parliamentary ownership electors, lodgers, and service voters, as well as the occupation electors. This extended franchise will apply to all elections under the Act, whether for Parish Councils, for Guardians, or for District Councils of county districts other than Municipal Boroughs.

See page 30.

2 As to the formation of the register of parochial electors see Chapter XII.

Parochial electors,

Parochial electors.

Conveners of

Any person whose name is not in the register of the parochial electors of the parish is not entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register is entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by any statute (s. 44 (1)).

Where a parish has a Parish Council the chairman of the Parish parish meeting. Council or any two parish councillors may at any time convene a Parish Meeting.

First meeting.

Times and place of meetings.

Date of

First meeting.

Notice of meeting.

In a parish not having a Parish Council the meeting may be convened by the chairman of the Parish Meeting."

Whether there is a Parish Council or not, any six parochial electors may at any time convene a parish meeting (s. 45 (3) ).

The Overseers will convene the first Parish Meeting for the whole or (where Parish Meetings are held for parts) for each part of a rural parish (s. 78 (1)).

The Parish Meeting are required to assemble at least once in every year, on the 25th of March, or within seven days before or after that day, and the proceedings of every Parish Meeting must not begin before six o'clock in the evening (s. 2 (3), Schedule 1, Part 1, r. 1). Where a parish has no separate Parish Council, the Parish Meeting must assemble not less than twice a year (s. 19 (2)).

Subject to these provisions, the days, times, and places for holding Parish Meetings will be fixed by the Parish Council, or, if there is no Parish Council, by the chairman of the Parish Meeting.

A parish meeting should not, where it can be avoided, be convened to meet on a bank holiday.*

The first assembly of the Parish Meeting is to be held at the time fixed by or under the Act for the first election of Parish Councillors, whether there is or is not a Parish Council for the parish (s. 78 (1)). If no later date in 1894 is fixed by the Local Government Board, the first election of Parish Councillors will be held on the 8th of November, 1894 (s. 84 (1)). If any difficulty arises with respect to the holding of the first Parish Meeting, it may be removed by an order of the County Council (s. 80 (1)).

6

NOTICES OF MEETING.

Not less than seven clear days before any Parish Meeting, public notice must be given specifying the time and place of the intended meeting and the business to be transacted, and signed by the chairman of the Parish Council or other conveners of the meeting.

1 The vice-chairman is not empowered to convene the parish meeting, see 2 See next page. page 31. As to place of meetings for parochial purposes, see pages 79 to 83. See page 9 as to this. See page 233. See page 232.