Lighting and Watching Act. Lighting. Watching. Acquisition of land. Appointment of Annual meeting and make him or them such allowance for his or their trouble as may be thought reasonable (s. 44). They may contract with any person or company for lighting the streets, roads, and other places either with electricity, gas, oil, or with any other material, or in any other manner, or for furnishing lamps, lamp irons, lamp posts, watchboxes, posts, chains, pales, rails, and other necessary things. The provisions of sections 39 to 43 of the Act authorising the appointment of watchmen and determining their duties are now practically obsolete. Watchmen under the Act are superseded where a county police are established. Land and buildings may be purchased or rented for the purposes of the Act (s. 59), but the Act confers no compulsory powers of acquisiA Parish Council executing the Act would be able to purchase land compulsorily under section 9 of the Local Government Act, 1894.1 The inspectors or Parish Council may appoint and pay a treasurer and other officers, and hire and rent offices (s. 24). The treasurer must give security to their satisfaction (s. 25). The Act requires the inspectors within one month next after the expiration of twelve months from the day of adoption of the Act to give notice to the churchwardens that they are ready to produce their accounts and vouchers, and thereupon the churchwardens are to give notice of a meeting of ratepayers within ten days of receipt of such notice, for the purpose of producing such accounts, and for the election of inspectors, and for determining the amount of money to be raised for the current year. In the following years the meeting is to be held on the same day, except when it falls on a Sunday, and then on the day following (s. 18). The accounts and vouchers are to be verified by a statutory declaration made before two justices by the inspectors (s 19). The provisions of sections 18 and 19 of the Lighting and Watching Act require some consideration in view of the altered circumstances brought about by the Local Government Act. Few parishes with a a population so small as not to have a Parish Council are likely to adopt the Act, and where a parish has a Parish Council that Council will, as mentioned before, be substituted for the inspectors. In that case the Parish Council should take the necessary steps to convene the annual assembly of the Parish Meeting for the purpose of the Act at such a time as the ratepayers are directed to meet by the Act, but of course no inspectors will be appointed by that meeting. So far as 1 As to such compulsory purchase, see Chapter VI. Lighting and Watching Act. Parish Councils are concerned, the provisions of the Local Government Act relating to their accounts will in practice supersede the provisions of the Act of 1833 concerning the same matter. In the case of a parish without a Council the procedure to be followed under the Lighting and Watching Act, 1833, as modified by the Local Government Act, 1894, is by no means clear. The inspectors will be performing their statutory duty if they communicate, as directed by the Act of 1833, to the churchwardens, for the powers and duties of the churchwardens under the Act are not affected by the Act of 1894, where there is no Parish Council. The churchwardens as such have no power to convene a Parish Meeting, and reliance must therefore be placed on the persons authorised to convene Parish Meetings" voluntarily undertaking to convene the annual assembly of the Parish Meeting for the purpose of the Lighting and Watching Act. Annual Meeting. It is important that such a Parish Meeting should be convened every year, as the total amount of money to be raised in any one year for the purpose of the Act, is to be fixed and determined by the Parish Meeting at their first meeting and subsequent yearly meeting (3 & 4 Will. IV., c. 90, s. 9). The expenses are paid out of a rate levied by Expenses. the overseers in the same manner as a poor rate, but the owners and occupiers of houses, buildings, and property (other than land)3 are to be rated at and pay a rate in the pound three times greater than that at which the owners and occupiers of land are to be rated at and pay (s. 33). Tithes are assessable as land (14 & 15 Vict., c. 50). The Act confers no borrowing powers. necessary. Such powers seem un- Borrowing. of Act. After the expiration of three years from the adoption of the Act Abandonment the Parish Meeting may determine that from and after a certain date the Act shall no longer be in force in the parish (3 & 4 Will. IV., c. 90, s. 15). A simple majority only is required for the abandonment of the Act. 1875. The Lighting and Watching Act, 1833, is, so far at least as lighting Operation of Act in parish lighted is concerned, superseded in urban districts, and in any place within a under P. H. Act, rural district where the powers of an urban authority under the Public Health Act, 1875, to light the streets markets and public buildings in such place, have been conferred upon the Rural Sanitary Authority or District Council by an order of the Local Government Board (38 & 39 Vict., c. 55, s. 163). 1 See page 173. 2 See page 14. 66 3 Coal mines are rateable, not as "land," but as property other than land."-Thursby v. Overseers of Briercliffe-with-Extwistle ([1894] 1 Q.B., 567; 10 T.L.R., 397; W.N. (1894), 63). The Baths and Washhouses Acts, 1846 to 1882. These comprise the following statutes- THE BATHS AND WASHHOUSES ACT, 1846, (9 & 10 Vict. c. 74); The Baths and Washhouses Acts may be adopted with the approval of the Local Government Board' for any parish not within an urban district (9 & 10 Vict., c. 74, s. 1). A resolution of the Parish Meeting adopting the Acts must be carried by at least twothirds of the number of votes given on the question at the meeting, or the poll consequent thereon, and a copy of the resolution extracted from the minutes and signed by the chairman, must be sent to the Local Government Board, and when the approval of that Board has been signified the Acts come into operation in the parish (s. 5). In the case of a parish without a Parish Council, the Parish Meeting are to appoint, not less than three nor more than seven ratepayers of the parish, Commissioners for carrying the Acts into execution. One-third of the Commissioners, or as nearly as may be one-third, (to be determined among themselves) are to go out of office yearly, but are to be eligible for immediate re-appointment (s. 6). Any vacancies in the commissionership may be filled up by the Parish Meeting when and as the meeting think fit (s. 8). The Parish Meeting are also required to appoint yearly two persons not being Commissioners to audit the accounts of the Commissioners and report thereon to the meeting (s. 15). The Commissioners must meet at least once a month (s. 9); one-third of their number is a quorum, but when only three Commissioners have been appointed, the quorum may be two (s. 11). The Commissioners are a corporate body, with a common seal, and they may hold and convey any lands vested in them for the purposes of the Acts (s. 20). Lands vested in the Guardians or others for the general benefit of the parish may, with the approval of the Guardians and the Local Government Board (and of the Parish Meeting of a parish without a Parish Council), be appropriated for the purposes of the Acts, or lands may be purchased or hired (s. 24); but the Acts do not authorise the compulsory acquisition of land. Where, therefore, Commissioners execute the Acts, they cannot purchase or take any lands under the Lands Clauses Acts otherwise than by agreement (10 & 11 Vict. c. 61, s. 4). This does not apply to a Parish Council executing the Acts, who under section 9 of the Local Government Act, 1894, are empowered to acquire land compulsorily for any purpose for which they are authorised to acquire it. Upon the lands purchased or 134 & 35 Vict., c. 70. houses Acts. baths, &c. otherwise acquired for the purposes of the Acts, the Commissioners or Baths and WashParish Council executing the Acts may erect any buildings suitable for public baths and' washhouses, and make any open bathing Erection of places and convert any buildings into public baths and washhouses (9 & 10 Vict. c. 74, S. 25). There may be open drying grounds in connection with the washhouses, and covered swimming baths may also be provided or acquired under the Acts (41 Vict. c. 16, s. 3). Existing baths and washhouses may be purchased or leased, and the trustees of any public baths and washhouses may, under certain conditions, transfer them to the commissioners or Parish Council, as the case may be, for the purposes of the Acts (9 & 10 Vict. c. 74, s. 27; 45 & 46 Vict. c. 30, s. 2). The number of baths and washing tubs provided for the labouring class must not be less than twice the number of baths and washing tubs of higher classes (9 & 10 Vict. c. 74, s. 36; 10 & 11 Vict. c. 61, s. 5). Gas and water companies may in their discretion grant and furnish Water and gas supplies of water or gas, either without charge or on other favourable terms (9 & 10 Vict. c. 74, s. 28). swimming bath, From the beginning of November to the end of March, any swim- Gymnasium, ming bath, whether covered or open, may, for any period, be kept Letting of closed closed, or a gymnasium or other means of healthful recreation, may be established therein, or it may be used as an empty building for the purposes of healthful recreation or exercise. Any portion of the public baths when not required may be used for holding parish meetings or for other parochial purposes; but no covered or open swimming baths when closed may be used for music or dancing (41 & 42 Vict. c. 14, s. 5). Charges may be made for the use of the gymnasium or other means of recreation, or for the use of any covered swimming bath as an empty room (s. 8). The maximum charges for baths and washhouses are fixed by the Charges, Acts of 1847 and 1878, as follows: 1. BATHS FOR THE LABOURING CLASSES. Every bath to be supplied with clean water for every person bathing alone, or for several children bathing together, and in either case with one clean towel for every bather. For one person above eight years old: Cold bath, or cold shower bath, any sum not exceeding... One Penny. sum not exceeding ... ... Two Pence. For several children, not above eight years old, nor exceeding four, bathing Cold bath, or cold shower bath, any sum not exceeding... Two Pence. Such charges as the Council and the Commissioners respectively think fit, not exceeding in any case three times the charges above mentioned for the several kinds of baths for the labouring classes. Baths and Washhouses Acts. Charges. Appointment of Borrowing. Byelaws. 3. WASHHOUSes for the LABOURING Classes. Every washhouse to be supplied with conveniences for washing and drying clothes and other articles. For the use by one person of one washing tub or trough, and of a copper or For one hour only in any one day, any sum not exceeding exceeding Any time over the hour or two hours respectively, if not minutes, not to be reckoned. One Penny. Three Pence. exceeding five For two hours not together, or for more than two hours in any one day, such charges as the Council and the Commissioners respectively think fit. For the use of the washing conveniences alone, or of the drying conveniences alone, such charges as the Council and the Commissioners respectively think fit, but not exceeding in either case the charges for the use for the same time of both the washing and the drying conveniences. 4. WASHHOUSES OF ANY HIGHER CLASS. Such charges as the Council and the Commissioners respectively think fit. 1st Class. ... 6. COVERED SWIMMING BATHS. One Penny. Any sum not exceeding Eight pence for each person. 2nd Class.--Any sum not exceeding Four pence for each person. 3rd Class. Any sum not exceeding Two pence for each person. The Parish Council or Commissioners, as the case may be, are required to appoint a clerk and such other officers and servants as may be necessary, and, with the approval of the Parish Meeting, may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and when necessary, may hire and rent a sufficient office for holding their meetings and transacting their business, and may agree for and pay a reasonable rent for such office (9 & 10 Vict. c. 74, S. 122; 41 & 42 Vict. c. 14, s. 7). The Commissioners with the sanction of the Parish Meeting and the approval of the Local Government Board, may borrow for the purposes of the Acts (9 & 10 Vict. c. 74, s. 21; 41 & 42 Vict. c. 14, s. 9). A Parish Council would borrow under the provisions of section 12 of the Local Government Act, 1894. Full powers are conferred on the Commissioners or Parish Council, as the case may be, to make byelaws for the management, use, and regulation of the baths and other institutions provided under the Acts. Such byelaws require the approval of the Local Government Board (9 & 10 Vict. c. 74, S. 34; 41 & 42 Vict. c. 14, s. 6) who have issued model forms of byelaws under these enactments, which may be obtained from them on application. Any byelaws in force at the time of the transfer of powers from the existing Commissioners, will continue in force as if made by the authority to whom the transfer is made (Local Government Act, 1894, s. 87). |