Section.

1.

PART I.

PARISH MEETINGS AND PARISH COUNCILS.

Constitution of Parish Meetings and Parish Councils.

Constitution of parish meetings and establishment of parish councils. 2. Parish meetings.

Powers and Duties of Parish Councils and Parish Meetings.

5. Parish council to appoint overseers.

6. Transfer of certain powers of vestry and other authorities to parish council.

23.

24.

25.

Election and qualification of guardians.

Names of county districts and district councils.

Chairman of council to be justice.

Constitution of district councils in urban districts not being boroughs.
Rural district councils.

Powers of district council with respect to sanitary and highway matters. 26. Duties and powers of district council as to rights of way, rights of common,

and roadside wastes.

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.

34.

Supplemental provisions as to control of overseers in urban districts.

35. Restrictions on application of Act to London, &c.

36.

37.

38.

39.

40.

41.

42.

PART III.

AREAS AND BOUNDARIES.

Duties and powers of county council with respect to area and boundaries.
Provision as to parishes having parts with defined boundaries.
Orders for grouping parishes and dissolving groups.
Provisions for increase and decrease of population.

Certain orders of county council not to require confirmation.
Reduction of time for appealing against county council orders.
Validity of county council orders.

48.

49.

Supplemental provisions as to elections, polls, and tenure of office.
Provision as to parish meeting for part of parish.

50. Supplemental provisions as to overseers.

60.

61.

62.

63.

64.

Committees of parish or district councils.

Audit of accounts of district and parish councils and inspection.
Supplemental provisions as to district councils.

Miscellaneous.

Supplemental provisions as to guardians.

Place of meeting of parish or district council or board of guardians.
Permissive transfer to urban district council of powers of other authorities.
Provisions as to county council acquiring powers of district council.
County council may act through district council.

68.

Transfer of property and debts and liabilities.
Adjustment of property and liabilities.

69. Power to deal with matters arising out of alteration of boundaries.

70. Summary proceeding for determination of questions as to transfer of powers. Supplemental provisions as to county council orders.

Provision as to Sundays and bank holidays.

71.

72.

Provisions as to local inquiries.

73.

74.

75.

76.

Extent of Act.

Provisions as to Scilly Islands.

Construction of Act.

[56 & 57 VICT.] Local Government Act, 1894.

[CH. 73.]

CHAPTER 73.

An Act to make further provision for Local Government in England and Wales.

[5th March, 1894.]

E it enacted by the Queen's most Excellent Majesty, by and with the advice present Parliament assembled and by the authority of the same, as follows:

PART I.

PARISH MEETINGS AND PARISH COUNCILS.

Constitution of Parish Meetings and Parish Councils.

Sect. 1.-(1.) There shall be a parish meeting for every rural parish, and there shall be a parish council for every rural parish which has a population of three hundred or upwards: Provided 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 may, with the consent of the parish meeting of any rural parish having a population of less than one hundred, provide for establishing a parish council in the parish; and

(b.) may provide for grouping a parish with some neighbouring parish or parishes under a common parish council, but with a separate parish meeting for every parish so grouped, so, however, that no parish shall be grouped without the consent of the parish meeting for that parish.

(2.) For the purposes of this Act every parish in a rural sanitary district shall be a rural parish.

Constitution of
parish meetings

and establish-
ment of
parish councils.

(3.) Where a parish is at the passing of this Act situate partly within and partly without a rural sanitary district, the part of the parish which is within the district, and the part which is without, shall as from the appointed day, 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 and Poor Law Amendment Act, 1876, and the Acts amending c. 61. 39 & 40 Vict. the same.1

Sect. 2.-(1.) The parish meeting for a rural parish shall consist of the Parish meetings following persons, in this Act referred to as parochial electors, and no others, namely, the persons registered in such portion either of the local government register of electors or of the parliamentary register of electors as relates to the parish.

(2.) Each parochial elector may, at any parish meeting, or at any poll consequent thereon, give one vote and no more on any question, or, in the case of an election, for each of any number of persons not exceeding the number to be elected.

(3.) The parish meeting shall assemble at least once in every year, and the proceedings of every parish meeting shall begin not earlier than six o'clock in the evening.

The effect of these Acts is set out at page 11.

Q

(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. (5.) A poll consequent on a parish meeting shall be taken by ballot.

(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 herein-after provided.

(7.) With respect to parish meetings the provisions in the First Schedule to this Act shall have effect.

Sect. 3.-(1.) The parish council for a rural parish shall be elected from among the parochial electors of that parish or persons who have during the whole of the twelve months preceding the election resided in the parish, or within three miles thereof, and shall consist of a chairman and councillors, and the number of councillors shall be such as may be fixed from time to time by the county council, not being less than five nor more than fifteen.

(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 year.

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.

(6.) The election of parish councillors shall, subject to the provisions of this Act, be conducted according to rules framed under this Act for that purpose by the Local Government Board.

(7.) The parish council shall in every year, on or within seven days after the ordinary day of coming into office of councillors, hold an annual meeting.

(8.) At the annual meeting, the parish council shall elect from their own body or from other persons qualified to be councillors of the parish, a chairman, who shall, unless he resigns, or ceases to be qualified, or becomes disqualified, continue in office until his successor is elected.

(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 chairman presiding at the meeting and two other members of the council.

(10.) With respect to meetings of parish councils the provisions in the First Schedule to this Act shall have effect.

Sect. 4.-(1.) In any rural parish in which there is no 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— (a) 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 department or local authority; or

(c.) holding meetings convened by the chairman of the parish meeting or by the parish council, or if as to allotments in the manner prescribed by the Allotments Act, 1890, or otherwise as the Local Government Board may by rule prescribe, to discuss any question relating to allotments, under the Allotments Acts, 1887 and 1890, or under this Act; or

1 See section 5 of the Allotments Act, 1890, page 358.