themselves of their responsibilities by a transfer to the Parish Parish property Council. held for public recreation ground, public allotments. Where trustees hold any property for the purposes of a public meetings, or 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 connected 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 Council, and the Parish Council, if they accept the transfer, or their appointees, will hold the property on the trusts and subject to the conditions on which it was held by the trustees (s. 14 (1)). Any persons administering or managing the property are included as trustees for the purposes of this provision (s. 75 (2)). Trustees may hold allotments under the Inclosure Act, 1845 (8 & 9 Vict. c. 118), section 73, to be appropriated as a place of exercise and recreation, or for other public purposes. Under Local Inclosure Acts, allotment wardens, trustees, or other functionaries often hold allotment lands for the benefit of the poor, or for field gardens or recreation grounds, or other public purposes. Any such trustees, or persons in the position of such trustees, whether holding the property under Inclosure Acts or otherwise, may, with the approval of the Charity Commissioners, act upon the permissive power conferred upon them by section 14 (1) to transfer the property to the Parish Council or their appointees. property The overseers, whenever they are required by the district auditor or Terrier of parish the Local Government Board, must accurately and truly make out a list of the lands and tenements, and an inventory of stock, money, goods, and effects belonging to the parish, or given or applicable in aid of the poor rates.1 The list is technically known as a "terrier." The powers exerciseable with the approval of the Local Govern- Sale, &c., of ment Board by the Board of Guardians for the poor law union parish property, comprising the parish, in respect of the sale, exchange, or letting of any parish property, are to be exercised by the Parish Council. (s. 6 (1) (d)). Although the legal estate in parish property was vested in the overseers or in the churchwardens and overseers, the power of disposition belonged to the guardians of the poor law union, comprising the rural parish, under section 3 of the Union and Parish Property Act, 1835 (5 & 6 Will. IV. c. 69), which enabled the guardians, with the consent of a majority of the owners and ratepayers, and with the approbation A list of charity properties is also required to be made where the Vestries Act, 1831, is in force. See page 78. Powers transferred from the guardians. Management of parish property. and subject to the rules, orders, and regulations of the Local Government Board, to sell, exchange, or let any workhouses, tenements, buildings, lands, effects, or other property belonging to any parish in the union. The legal estate is transferred to the Parish Council by section 5 (2) (c) of the Local Government Act, 1894, and that Council are also to have the powers of the guardians, subject to the consent of the Parish Meeting,' with respect to the disposition of parish property. The power of disposition transferred from the guardians is, however, practically not required, having regard to the following general provision of the new Act, by which 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 year, and the power of sale or exchange cannot be exercised in the case of property which has been acquired at the expense of any rate, or is at the passing of the Act (namely 5th March, 1894) applied in aid of any rate, or would but for want of income be so applied, without the consent of the Local Government Board, or in any other case without such consent or approval as is required under the Charitable Trusts Acts, 1853 to 1891, for the sale of charity estates. No such consent or approval will, however, be required for the letting for allotments of land vested in the Parish Council (s. 8 (2)). Where the property has not been acquired at the expense of any rate, or is not applied in aid of any rate, the Parish Council cannot make, except with the express authority of Parliament, or a court of competent jurisdiction, or according to a scheme legally established, or with the approval of the Charity Commissioners, any sale, mortgage, or charge of the charity estate, or any lease in reversion for more than three years of any existing term, or for any term of life, or in consideration wholly or in part of any fine or for any term exceeding twenty-one years [Charitable Trusts Amendment Act, 1855 (18 & 19 Vict. C. 124, S. 29)]. An exchange may be authorised by the Charity Commissioners, under section 24 of the Charitable Trusts Act, 1853 (16 & 17 Vict. c. 137). But the Parish Council may, under the Local Government Act, 1894, let for allotments without any of these formalities. The powers, duties, and liabilities of the overseers or of the churchWardens and overseers with respect to 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, is transferred to the Parish Council (s. 6 (1) (c) ). 1 See page 22. Powers trans ferred from The Parish Council may execute any works (including works of maintenance or improvement) in relation to any such parish property churchwardens (s. 8 (1) (j)). and overseers. Section 15 of the Inclosure Act, 1845 (8 & 9 Vict. c. 118) prohibited Village greens. the inclosure of a village green, and provided that on an inclosure of lands in a parish the village green might be allotted to the churchwardens and overseers for the purposes of exercise or recreation. Allotments may be made under the Act for recreation grounds and Allotments. field gardens for the labouring poor (s. 34), and for the benefit of classes of persons entitled to common rights over the allotment (s. 87). Allotments for these purposes might be made and awarded under the Act to the churchwardens and overseers, and it was generally their duty to maintain and repair the fences and keep the surface level and drained (ss. 73, 87). The expenses of maintaining allotments for exercise and recreation were to be paid out of the rents for herbage, or out of the poor rate, or otherwise (s. 73). The Commons Act, 1876 (39 & 40 Vict. c. 56), made important changes as to allotments under the Act of 1845. It provided that future allotments made for the purpose of a recreation ground should always be vested in the churchwardens and overseers (s. 25), and gave directions as to the application of surplus rents of recreation grounds and field gardens. (s. 27). The Parish Council will now exercise these and other powers of the churchwardens and overseers under the Inclosure Acts, 1845 to 1882. The Parish Council can take proceedings for preventing nuisances on village greens and recreation grounds under the Inclosure Act, 1857 (20 & 21 Vict. c. 31, s. 12). Further powers of control are given by section 8 (1) (d) of the Local Government Act, 1894.1 the case of a recreation ground, building or other property held for the benefit of a part of the parish with a defined boundary, the Parish Council must, if required, by a Parish Meeting held for that part," appoint annually to exercise their powers and duties in respect of such property, a committee consisting partly of parish councillors and partly of other persons representing the part. The powers and duties of any wardens, committee, or managers appointed or elected under any statute for allotments, are to be exercised and performed by the Parish Council, and no appointment or election of any such wardens, committee, or managers will be necessary. For the purposes of section 16 of the Small Holdings Act, 1892 (55 & 56 Vict. c. 31), two members of the Parish Council will be substituted for allotment managers or persons appointed as allotment managers (Local Government Act, 1894, s. 6 (4) ). 1 See page 61. 2 See page 137. Powers trans fered from allot &c. Allotments. An allotment made upon any inclosure under the Inclosure Acts, ment wardens, 1845 to 1882, for the labouring poor, was placed under the management of "The Allotment Wardens" of the parish, who consisted of the incumbent, one of the churchwardens yearly named, and two of the ratepayers, yearly chosen and appointed by the justices in the same manner as overseers (8 & 9 Vict. c. 118, s. 108). Committees for allotments made under local Acts of Inclosure and for poor allotments were required to be appointed annually by the allotment trustees and the vestry respectively, to exercise the powers of the appointing authority [Poor Allotments Management Act, 1873 (36 & 37 Vict. c. 19) ss. 3, 4]. A committee appointed by a vestry had to determine the applications of industrious cottagers of good character who desired to rent, under the provisions of 2 Will. IV. c. 42, fuel allotments made for the benefit of the poor of the parish. The trustees of the allotments were entitled to vote on the applications made to the committee. Under the provision in section 6 (4) of the Local Government Act, 1894, the Parish Council exercise the powers and duties of the allotment wardens under the Act of 1845, and of any committee under the Act of 1873, and of any similar body under any other statute, whether public or local. They will also take the place of any managers appointed by a sanitary authority or a Rural District Council under section 6 (3), or elected by the Parliamentary electors under section 9 of the Allotments Act, 1887, to manage allotments provided under that Act or the Allotments Act, 1890. They can, under section 6 (3) of the Local Government Act, 1894, require allotments so provided to be entrusted to their management. Two of their number will become members of any committee to which a County Council providing small holdings may delegate their powers (except rating and borrowing powers) under the Small Holdings Act, 1892, with respect to the adaptation of land for any holdings, and the sale, letting, and management of any holdings. The committee for that purpose consists of The county councillor representing the electoral division in which the holdings are situate; and Small holdings. Representation Two other members of the County Council; and Two members of the Council of the Parish in which the holdings are situated (55 & 56 Vict. c. 31, s. 16). A Parish Council have the same power of making a representation as to allotments. with respect to allotments, and of applying for the election of allotment managers, as is conferred on parliamentary electors by the Allotments Act, 1887 (50 & 51 Vict. c. 48), or the Allotments Act, 1890 (53 & 54 Vict. c. 65), but without prejudice to the powers of those electors (s. 6 (3)). They have also the like power of petitioning the County Council as is given to six parliamentary electors by section 2 of the Act of 1890 (s. 9 (17)). The Parish Council may represent to the Rural District Council that the circumstances of the parish are such that it is the duty of the as to allotments. Rural District Council to take proceedings for acquiring land for allot- Representation ments (50 & 51 Vict. c. 48, s. 2), and, if the District Council fail to acquire land adequate and suitable in quality and position to provide a sufficient number of allotments, the Parish Council may petition the County Council to put into force the Act of 1887 for the purpose of providing a sufficient number of allotments for the parish (53 & 54 Vict. c. 65, s. 2). Where the Rural District Council have provided allotments, the Parish Council may petition the District Council for the election of allotment managers (50 & 51 Vict. c. 48, s. 9), and the effect of the petition will be to give to the Parish Council the powers of allotment managers under the Act (Local Government Act, 1894 s. 6 (4)), namely such powers as may be prescribed by the Council providing the allotments (50 & 51 Vict. c. 48, s. 6 (4) ). Where the County Council have provided allotments there will be no need for the Parish Council to petition the County Council for the election of allotment managers, as the allotments themselves are to be conveyed to the Parish Council, who will manage them (Local Government Act, 1894, S. 9 (14)). 1 as to unhealthy A Parish Council have the same power of making any complaint or Representation representation as to unhealthy dwellings or obstructive buildings as is dwellings. conferred on inhabitant householders by the Housing of the Working Classes Act, 1890 (53 & 54 Vict., c. 70), but without prejudice to the powers of such householders (s. 6 (2)). If the Parish Council complain in writing to the medical officer of health of the Rural District that any dwelling-house in or near a "street" (which includes any court, alley, street, square, or row of houses,") is in a condition so dangerous or injurious to health as to be unfit for human habitation, it becomes the duty of the medical officer to forthwith inspect the house, and should he be of opinion that the house is in the condition complained of, to represent the case to the Rural District Council (53 & 54 Vict. c. 70, s. 31). When any dwelling-house appears to the Rural District Council to be in the state represented, they are required to forthwith take proceedings against the owner or occupier under the Act for closing the dwelling-house (s. 32). Notice has to be given by the District Council to the owner or occupier to execute the works necessary to put the premises in proper condition, and if he fails to do so it becomes the duty of the Council to apply to the justices for a closing order. A building, though not in itself unfit for human habitation, may Obstructive buildings. be so situate that, by reason of its proximity to, or contact with 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 building to be in a condition unfit for human habitation, or dangerous or injurious to health; or 1 See page 112. |