miles of the district, and to be seized or possessed of real or personal estate, or both, to the value of £500 in districts of less than 20,000 inhabitants, or of £1,000 in districts of 20,000 or more inhabitants; or to be rated to the poor in the district on an annual value of £15 where the district had less than 20,000, or 30 where it had 20,000 or more inhabitants. Improvement Commissioners and Local Boards become Urban District Councils under the new Act, and cease to be elected by the plural vote. There will now, notwithstanding any provision to the contrary in any local act, be no ex-officio members, and the election will take place under the Ballot Act. Some additional powers are conferred by the Act on the Urban District Councils, which for that purpose include Town Councils.

A Rural Sanitary District consisted of that portion of the area of a Poor Law Union that remained after the subtraction of any Urban Sanitary District, or part of an Urban Sanitary District comprised in the Poor Law Union. It was under the jurisdiction of the Rural Sanitary Authority, and that authority was constituted of those members of the Board of Guardians who represented the parishes composing the Rural Sanitary District, or who as ex-officio guardians resided in that district. In effect the new Act, subject to the abolition of ex-officio guardians, continues this arrangement by making the rural district councillors the representatives of the areas for which they are elected on the Board of Guardians; but the Rural Sanitary Authority become the Rural District Council, and have additional powers as to highways and other matters.

OTHER LOCAL AUTHORITIES.

Of the other local authorities, such as Burial Boards, Inspectors under the Lighting and Watching Act, Commissioners of Public Libraries, Baths and Wash-houses, &c., which exist only in parishes and other places where certain statutes have been adopted, it will be enough for the purpose of these introductory remarks to say that the general policy of the Act is to prevent the future setting up in parishes having a Parish Council of such independent authorities, and to provide that the powers of existing authorities be transferred to the Parish Councils in rural parishes, and to District Councils in urban districts. Further explanations will come more appropriately when the provisions of the Acts relating to the particular authorities in question are dealt with.

COUNTY COUNCILS, AREAS AND BOUNDARIES.

The constitution of County Councils is not affected by the Act, but their powers of control over other authorities are strengthened and enlarged. For the general purpose of providing that every parish shall be situated within one county district, and that every such district shall be within one county, extensive powers to adjust the areas and boundaries of parishes and districts are conferred on County Councils. Parishes may also be grouped and divided by County Councils for the election of Parish Councils and Boards of Guardians.

Extent of Act.

Commencement of Act.

Appointed day

CHAPTER I.

Local Government Act, 1894-Commencement-Definitions-Sundays and Holidays-Effect on Parishes in more than one Sanitary District.

EXTENT OF ACT-COMMENCEMENT.

THE Local Government Act, 1894, extends to England and Wales. (s. 76) and its provisions, except where the contrary intention appears,, have effect immediately on and after the date of its passing, namely, the 5th March, 1894. But the coming into operation of many of the provisions of the Act is fixed with reference to a date called "the appointed day" and the meaning which is given to that expression, is as follows

Generally "the appointed day" for the several purposes, respectively of

(a) Elections and of Parish Meetings in parishes not having a Parish Council, is the day or respective days fixed for the first elections under the Act, or such prior day as may be necessary for the purpose of giving notices or doing other acts pre liminary to such elections; and

(b) Powers, Duties, and Liabilities of Councils or other Bodies elected under the Act, or other matters not specifically mentioned, is the day on which the members of such councils or other bodies first elected come into office; and

(c) Powers, Duties, and Liabilities transferred to a Council of a Borough by the Act, is the First day of November, 1894.

The first elections will be held on the Eighth day of November, 1894, or such later date or dates in the same year as the Local Government Board may fix.1

The persons elected will come into office on the second Thursday next after their election, or such other day not more than seven days earlier or later as may be fixed by or in pursuance of the Rules made under the Act in relation to their election (s. 84).

If no different day is fixed by the Local Government Board "the appointed day" for the purpose of elections and of parish meetings in parishes without a Parish Council is, therefore, the 8th of November, 1894, or such prior day as may be necessary for giving notices or doing other acts preliminary to those elections. Subject to no

1 See page 232.

2 As to these Rules, see page 221.

different day being so fixed for the holding of the first elections, and Appointed day. subject to no other day for the coming into office of persons first elected under the Act being fixed by rules, "the appointed day" for the purpose of the powers, duties, and liabilities of the bodies elected under the Act, or other matters not specifically mentioned, is Thursday, the 22nd of November, 1894.

No power is given to alter the date fixed for the transfer of powers to a Town Council, namely, 1st November, 1894.

DEFINITIONS.

Expressions used in the Local Government Act, 1894, unless the context otherwise requires, have the same meaning as in the Local Government Act, 1888 (Local Government Act, 1894, s. 75 (1)); and this important rule of construction must always be borne in mind in considering the various provisions of the Act of 1894.

The definition of "parish" is excepted from this rule as being in- Parish. applicable to the new measure. That word when used in the Act of 1894 means, unless the contrary intention appears, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed (Interpretation Act, 1889, s. 5 (1)). The practical effect is that every civil parish, whether known as a parish, township, or by any other designation, is a parish for the purposes of the Local Government Act, 1894.

Every parish in a rural sanitary district' (i.e., every parish not Rural Parish. within a borough, or the district of an improvement commission, or of a local board), is termed a "rural parish" (s. 1 (2)). Where, at "the appointed day," a parish is partly within and partly without a rural sanitary district, the part in the district becomes a separate rural parish.

Section 100 of the Act of 1888 assigns meanings to be given to Other excertain expressions, "if not inconsistent with the context." Among pressions. these expressions and meanings assigned thereto, the following are pertinent to the Act of 1894; namely—

51 & 52 Vict.

Administrative County-This means the area for which a County Council is elected in pursuance of this Act, but does not (except where expressly mentioned c. 41. include a county borough;2

Costs-This includes charges and expenses;

Duties-This includes responsibilities and obligations;

Existing-This means existing at the time specified in the enactment in which the expression is used, and if no such time is expressed, then at the day appointed to be for the purpose of such enactment the appointed day;

Expenses-This includes costs and charges;

Highway Area-This means, as the case may require, an Urban Sanitary District, a Highway District, or a Highway Parish not included within any Highway or Urban Sanitary District;

1 See Introduction, page 5.

2 But see the definition of "county" in the Local Government Aet, 1894, page 9.

Definitions.

51 & 52 Vict.

C. 41.

52 & 53 Vict. c. 63.

Highway Authority-This means, as respects an Urban Sanitary District, the Urban Sanitary Authority, and as respects a Highway District, the Highway Board, or authority, having the powers of a Highway Board; and as respects a Highway Parish, the Surveyor or Surveyors of Highways or other officers performing similar duties;

Liabilities-This includes liability to any proceeding for enforcing any duty or for punishing the breach of any duty, and includes all debts and liabilities to which any authority are or would, but for this Act, be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose;

Office-This includes any place, situation, or employment, and the expression "officer" shall be construed accordingly;

Powers-This includes rights, jurisdiction, capacities, privileges, and immunities;

Powers, Duties, and Liabilities—This includes all powers, duties, and liabilities conferred or imposed by or arising under any local and personal Act ;

Property-This includes all property, real and personal, and all estates, interests, easements, and rights, whether equitable or legal, in, to, and out of property real and personal, including things in action, and registers, books and documents; and when used in relation to any board, sanitary authority, or other authority, includes any property which on the appointed day belongs to, or is vested in, or held in trust for, or would but for this Act have, on or after that day, belonged to, or been vested in, or held in trust for, such board, sanitary authority, or other authority.

Certain provisions of the Interpretation Act, 1889 (52 & 53 Vict. c. 63) are applicable in construing the Local Government Act, 1894. These provisions will have effect “unless the contrary intention appears."

Words importing the masculine gender include females;

Words in the singular include the plural, and words in the plural include the singular (s. I (1));

Expressions referring to writing are to be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form (s. 20);

Board of Guardians-This means a Board of Guardians elected under the Poor Law Amendment Act, 1834, and the Acts amending the same, and includes a Board of Guardians or other body of persons performing under any local act the like functions to a Board of Guardians under the Poor Law Amendment Act, 1834 (s. 16);

Land-This includes messuages, tenements, and hereditaments, houses, and buildings of any tenure;

Month-This means calendar month (s. 3);

Municipal Borough—This means, as respects England and Wales, any place for the time being subject to the Municipal Corporations Act, 1882, and any reference to the Mayor, Aldermen, and Burgesses of a Borough includes a reference to the Mayor, Aldermen, and Citizens of a City, and any reference to the powers, duties, liabilities or property of the Council of a Borough is to be construed as a reference to the powers, duties, liabilities, or property of the Mayor, Aldermen, and Burgesses of the Borough acting by the Council;

Parliamentary Borough-This means any borough, burgh, place, or combination of places returning a member or members to serve in Parliament, and not being either a county or division of a county, or a university, or a combination of universities;

Borough This, when used in relation to local government, means a Municipal Borough as above defined, and when used in relation to parliamentary elections

or the registration of parliamentary electors means a Parliamentary Borough as above defined (s. 15);

Person―This includes any body of persons, corporate or unincorporate (s. 19) ; Poor Law Union-This means any Parish or Union of Parishes for which there is a separate Board of Guardians (s. 16).

To supplement the explanations of terms used in the Local Government Act, 1894, a reference must be made to the provisions of subsection 2 of section 75 of the Act which are to apply “unless the context otherwise requires." That subsection provides that

Any reference to population means the population according to the census of 1891, and gives definitions to the following expressions :Affairs of the Church-This includes the distribution of offertories or other collections made in any church;

County-This includes a County Borough; 2

County Council-This includes the Council of a County Borough ;
Election-This includes both the nomination and the poll ;

Elementary School-This means an elementary school within the meaning of the Elementary Education Act, 1870;

Local and Personal Act-This includes a provisional order confirmed by an Act and the Act confirming the order;

Prescribed --This means prescribed by order of the Local Government Board; Rateable Value-This means the rateable value stated in the valuation list in force, or if there is no such list, in the last poor rate;

Vestry--This, in relation to a parish, means the inhabitants of the parish whether in Vestry assembled or not, and includes any Select Vestry either by statute or at common law.

3

They are

Other definitions are contained in subsection 23 of section 75, but they relate to special subject-matters such as charities. referred to in the chapters which deal with those particular matters.

SUNDAYS AND HOLIDAYS.

Definitions.

52 & 53 Vict. c. 63.

56 & 57 Vict.

c. 73.

Holidays, &c.

When the day on which anything is required by or in pursuance of Sundays, Bank the Local Government Act, 1894, to be done is Sunday, Christmas Day, or Good Friday, or a Bank Holiday, that thing is to be done on the next following day, not being one of the days mentioned (s. 73).

The Bank Holidays are Easter Monday, Monday in Whitsun week, the first Monday in August, the 26th of December, if a week-day, and if not, the 27th of December [Bank Holidays Act, 1871 (34 & 35 Vict. c. 17); Holidays Extension Act (38 & 39 Vict. c. 13)].

This provision governs proceedings generally under the Act, and should be observed in fixing dates for meetings under the Act.

1 The census is conclusive on the point, and the population according to the census is to be taken even although it includes the inmates of a hospital, asylum, workhouse, or similar institution.

2 The term "county" must be distinguished from the expression "administrative county." The former includes a county borough the latter does not. See page 7.

3 The subsection is set out in full in the Appendix, page 282.