"4ll4i 
 
 1294 
 
 Price io.s-., 
 
 duties 
 
 LOCA 
 
 F 
 
 " The Powers, Dutie; 
 mentari 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 ist free, 8s.) 
 
 iuncils 
 
 1894, 
 
 g Officer at a Parlia- 
 e Election 
 
 The multifarious and important ^\^!SSS(^S^ a l ?S£ SdvSonfof 
 between the present date and NovembrrW nect to he provisions oi 
 
 ihe LocIl ^GOVERNMENT Act, 1S94, will render extremely valuable a thoroughly 
 riacUcd Treatise on these duties. It is believed that the present work will be found of 
 grea ^servkeTthe authorities concerned in the elucidation of these important questions. 
 
 IN PREPARATION 
 
 By the same Author. 
 
 THE 
 
 Election of district Councils 
 
 UNDER 
 
 THE LOCAL GOVERNMENT ACT, i8 9 4. 
 
 IN PREPARATION. 
 
 By the same Author. 
 
 Tin: 
 
 Election of fl>arisb Councils 
 
 V M ) E R 
 
 THE LOCAL GOVERNMENT ACT, i8q4.
 
 IN THE PRESS. 
 
 LAW OF PUBLIC HEALTH 
 
 AND 
 
 Xocal Government ; 
 
 (ELEVENTH EDITION) 
 
 BY 
 
 Alex.. Glen, M.A., Cantab. LL.B., 
 :fi5amster=at>%aw ; 
 
 INCLUDING 
 
 ALL THE STATUTES RELATING TO PUBLIC HEALTH TO THE 
 
 END OF LAST SESSION, AND EMBRACING THE DUTIES 
 
 OF DISTRICT COUNCILS, UNDER THE LOCAL 
 
 GOVERNMENT ACT, 1894; 
 
 WITH 
 
 COPIOUS NOTES, 
 
 AND 
 
 A COMPREHENSIVE INDEX. 
 
 LONDON : 
 
 KNIGHT & Co., Local Government Publishers, 
 
 90 FLEET STREET, E.C. 
 1894.
 
 THE LAW 
 
 RELATING TO 
 
 PARISH COUNCILS 
 
 THE LOCAL GOVERNMENT ACT, 1894. 
 
 TOGETHER WITH 
 
 AN INTRODUCTION 
 
 AND 
 
 STATUTES EELATING TO PAEISH AND DISTEICT COUNCILS, 
 
 €IECULAES AND OEDEES OF THE LOCAL GOVEENMENT BOAED, 
 
 NOTES, INDEX, &c. 
 
 A. F. JENKIN, 
 
 in 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW ; 
 
 Part Author of Herbert and Jerikin's " Councillor's Handbook" ; 
 
 " Penfold on Rating" (Eighth Edition) ; and 
 
 Author of " An Introduction to the Local Government Bill," &c. 
 
 LONDON: 
 KNIGHT AND CO., 90, FLEET STREET, E.C. 
 
 1894.
 
 LONDON: 
 PRINTED BY WILLIAM CLOWES AND SONS, Limited, 
 
 STAMFORD STREET AND CHARING CROSS. 
 
 T 
 0"4i/4 p
 
 PREFACE. 
 
 The Local Government Act, 1894, effects two main purposes. 
 In the first place it establishes an entirely new system of 
 parish government in rural districts by means of parish 
 councils and parish meetings. Secondly it reforms, without 
 however very extensively affecting their functions, certain 
 existing local authorities. 
 
 In preparing notes to the provisions of the Act directed to 
 the former purpose, my object has been to give, within the 
 limits of the work, a fairly complete account of at least such 
 branches of the law concerning parish councils and meetings 
 as members and officers of those bodies will have occasion to 
 render themselves acquainted with, in such a form as to be of 
 utility to persons upon whom the task of carrying into effect 
 the provisions of the Act relating to parish government will 
 fall, as well as to members of the legal profession. 
 
 It appeared to me that, if I would attain this object, I must 
 not assume on the part of my reader either technical legal 
 knowledge or extensive practical familiarity with the working 
 of the existing law relating to local government. I have 
 accordingly been studious, so far as seemed possible without 
 sacrifice of accuracy, to avoid the use of technical language. 
 And I have in many instances included in a note such a 
 general outline of the law relating to some matter with which 
 parish councils and meetings will be concerned, as should 
 enable the lay reader fully to understand the specific functions 
 
 a 2
 
 iv Preface. 
 
 with which such bodies are invested in regard to the matter 
 in question. 
 
 To the portions of the Act which relate to the reform of 
 existing authorities it would have been impracticable to apply 
 similar treatment ; and I have accordingly, in annotating 
 such portions of the Act, contented myself with endeavouring 
 to elucidate the changes in the law that they effect. 
 
 It seems proper to state that, except in some few instances, 
 no specific mention has been made in the present work of 
 repeals effected by the Statute Law Eevision Acts : words in 
 any enactment quoted that have been repealed by these Acts 
 have as a rule simply been omitted. 
 
 A. F. JENKIN. 
 
 New Court, Temple, 
 April, 1894.
 
 CONTENTS. 
 
 PRELIMINARY. 
 
 tage 
 
 Preface iii 
 
 Table of Contents .......... v 
 
 Table of Statutes is 
 
 Table of Cases xv 
 
 Introduction to the Local Government Act, 1894 ..... xxv 
 
 THE LOCAL GOVEKNMENT ACT, 1894. 
 
 PART I. 
 
 Parish Meetings and Parish Councils. 
 
 Constitution of Parish Meetings and Parish Councils. 
 Section 
 
 1. Constitution of parish meetings and establishment of parish councils . 1 
 
 2. Parish meetings .......... 3 
 
 3. Constitution of parish council ........ 7 
 
 4. Use of Schoolroom .......... 17 
 
 Powers and Duties of Parish Councils and Parish Meetings. 
 
 5. Parish council to appoint overseers . . . . . . .18 
 
 6. Transfer of certain powers of vestry and other authorities to parish 
 
 council ........... 26 
 
 7. Transfer of powers under adoptive Acts ...... 62 
 
 8. Additional powers of parish council ...... 82 
 
 9. Powers for acquisition of land ........ 87 
 
 10. Hiring of land for allotments , ... .... 97 
 
 11. Restrictions on expenditure . . . . . . . .100 
 
 12. Borrowing by parish council ........ 104 
 
 13. Footpaths and roads ......... 110 
 
 14. Public property and charities ........ 125 
 
 15. Delegated powers of parish councils . ...... 137 
 
 16. Complaint by parish council of default of district council . . . 138 
 
 17. Parish officers and parish documents ...... 141 
 
 18. Parish wards 143 
 
 19. Provisions as to small parishes ........ 144
 
 Contents. 
 
 PART II. 
 
 Guardians and District Councils. 
 
 Section 
 
 20. Election and qualification of guardians . . 
 
 21. Names of county districts and district councils .... 
 
 22. Chairman of council to be justice 
 
 23. Constitution of district councils in urban districts not being boroughs 
 
 24. Rural district councils 
 
 25. Powers of district council with respect to sanitary and highway 
 
 matters . . • • • • • • • 
 
 26. Duties and powers of district councils as to rights of way, rights of 
 
 common, and roadside wastes »•••—. 
 
 27. Transfer of powers of justices to district council 
 
 28. Expenses of urban district council 
 
 29. Expenses of rural district council ...... 
 
 30. Guardiaus in London and county boroughs .... 
 
 31. Provisions as to London vestries and district boards . <. * 
 
 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. 
 
 TACE 
 
 149 
 152 
 152 
 153 
 154 
 
 155 
 
 157 
 
 160 
 161 
 161 
 162 
 162 
 
 163 
 
 163 
 164 
 165 
 
 PART III. 
 Areas and Boundaries. 
 
 36. Dutie3 and powers of county council with respect to area 'and 
 
 boundaries . . . • • • • • • 
 
 37. Provision as to parishes having parts with defined boundaries 
 38 Orders for grouping parishes and dissolving groups . 
 
 39. Provisions for increase and decrease of population . . 
 
 40. Certain orders of county council not to require confirmation 
 
 41. Reduction of time for appealing against county council orders 
 
 42. Validity of county council orders ..... 
 
 166 
 
 186 
 186 
 187 
 188 
 188 
 188 
 
 PART IV. 
 
 Supplemental. 
 Parish Meetings and Elections. 
 
 43. Removal of disqualification of married women 
 
 44. Register of parochial electors . 
 
 45. Supplemental provisions as to parish meetings 
 
 46. Disqulifications for parish or district council 
 
 47. Supplemental provisions as to parish councils 
 
 48. Supplemental provisions as to elections, polls, and tenure of office 
 
 49. Provision as to parish meeting for part of parish 
 
 50. Supplemental provisions as to overseers . 
 
 189 
 189 
 192 
 192 
 203 
 204 
 209 
 209
 
 Contents. 
 
 Parish and District Councils. 
 Section 
 
 51. Public notices ....... 
 
 52. Supplemental provisions as to transfer of powers 
 
 53. Supplemental provisions as to adoptive Acts 
 
 54. Effect on parish council of constitution of urban district 
 
 55. Power to change name of district or parish 
 
 56. Committees of parish or district councils . 
 
 57. Joint committees ....... 
 
 58. Audit of accounts of district and parish councils and inspection 
 
 59. Supplemental provisions as to district councils . 
 
 PAGE 
 
 210 
 211 
 214 
 215 
 216 
 216 
 217 
 218 
 227 
 
 Miscellaneous. 
 
 60. Supplemental previsions as to guardians ...... 228 
 
 61. Place of meeting of parish or district council or board of guardians. . 229 
 
 62. Permissive transfer to urban district council of powers of other 
 
 authorities ........... 230 
 
 232 
 233 
 233 
 234 
 234 
 234 
 235 
 
 63. Provisions as to county council acquiring powers of district council 
 
 64. County council may act through district council 
 
 65. Saving for harbour powers .... 
 
 66. Saving for elementary schools .... 
 
 67. Transfer of property and debts and liabilities 
 
 68. 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 235 
 
 71. Supplemental provisions as to county council orders .... 237 
 
 72. Provisions as to local inquiries 237 
 
 73. Provisions as to Sundays and bank holidays ..... 238 
 
 74. Provisions as to Scilly Islands ........ 241 
 
 75. Construction of Act . ......... 241 
 
 76. Extent of Act 250 
 
 77. Short title 250 
 
 PART V. 
 
 Transitory Provisions. 
 
 78. First elections to parish councils 
 
 79. First elections of guardiauB and district councils 
 
 80. Power of county council to remove difficulties. . 
 
 81. Existing officers ...... 
 
 82. Provision as to highways .... 
 
 83. Duty of county council to bring Act into operation 
 
 84. Appointed day ...... 
 
 85. Current rates, &c. ...... 
 
 86. Saving for existing securities and discharge of debts 
 
 87. Saving for existing byelaws .... 
 
 88. Saving for pending contracts, &c. 
 
 89. Repeal of Acts ...... 
 
 Schedules. 
 
 251 
 
 251 
 253 
 254 
 258 
 258 
 258 
 260 
 260 
 261 
 261 
 261
 
 viii Contents. 
 
 APPENDIX I. 
 
 Statutes relating to Parish and District Councils. 
 
 PAGB 
 
 The Ballot Act, 1872 (35 & 36 Vict. c. 33) 273 
 
 The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50) . . . 297 
 
 The Corrupt and Illegal Practices Prevention Act (46 & 47 Vict. c. 51) . 324 
 The Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 
 
 48 Vict. c. 70) 332 
 
 The Allotments and Cottage Gardens Compensation for Crops Act, 1887 
 
 (50 & 51 Vict. c. 26) 358 
 
 The Allotments Act, 1887 (50 & 51 Vict. c. 48) 361 
 
 The Local Government Act, 1888 (51 & 52 Vict. c. 41), Part III. . . 373 
 
 The Allotments Act, 1890 (53 & 54 Vict. c. 65) 386 
 
 The Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61) . . 390 
 
 APPENDIX II. 
 
 Enactments relating to Powers transferred to District Council by 
 Sect. 27 of the Local Government Act, 1894. 
 
 Licensing of Gangmasters. 
 
 The Agricultural Gangs Act, 1867 (30 & 31 Vict. c. 170) . . .393 
 
 Grant of Pawnbrokers' Certificates. 
 
 The Pawnbrokers Act, 1872 (35 & 36 Vict. c. 93), bs. 40-42, 52, 57 . 395 
 
 Licensing of Dealers in Game. 
 
 The Game Act, 1831 (1 & 2 Will. IV. c. 32), bs. 2, 18, 21, Schedule A. 396 
 
 Licensing of Passage Brokers and Emigrant Runners. 
 
 The Passengers Act, 1855 (18 & 19 Vict. c. 119), ss. 3, 66, 67, 75-77, 
 Schedules D., E., F., M 398- 
 
 Abolition of Fairs and Alteration of Days for Holding Fairs. 
 
 The Fairs Act, 1871 (34 Vict. c. 12) 402 
 
 The Fairs Act, 1873 (36 & 37 Vict. c. 77) 403 
 
 Infant Life Protection. 
 
 The Infant Life Protection Act, 1872 (35 & 36 Vict. c. 38). . . 404 
 
 Licensing of Knackers' Yards. 
 
 The Knackers Act, 1786 (26 Geo. III. c. 71) 407 
 
 APPENDIX HI. 
 
 Circular Letters of Local Government Board as to the Local 
 Government Act, 1888. 
 
 Circular to Guardians and Urban Sanitary Authorities . . . .409 
 
 Circular to Highway Boards in England and North Wales . . . 410 
 
 Circular to Highway Boards in South Wales 411 
 
 Circular to Metropolitan Vestries and the local board of Woolwich . . 412 
 
 Circular to County Councils -J** 
 
 Circular to Clerks of the Peace and Town Clerks 427 
 
 Circular to Guardians *2&
 
 ( ix ) 
 
 TABLE OF STATUTES. 
 
 8 Hen. VI. c. 7. 
 10 Hen. VI. c. 2 
 43 Eliz. c. 2 . 
 , s. 1 
 
 , s. 5 
 
 c. 4 
 
 14 Car. II. c. 12, ss. 21, 22 
 1 W. & M. c. 18, s. 8 . 
 6 & 7 W. & M. c. 4 . 
 
 17 Geo. II. c. 38, s. 4 . 22 
 
 18 Geo. II. c. 18 . . 
 10 Geo. III. c. 16 . . 
 20 Geo. III. c. 17, s. 12 
 22 Geo. III. c. 45, s. 1 . 
 26 Geo. III. c. 71, ss. 1, 2 
 31 Geo. III. c. 32, s. 9. 
 41 Geo. III. c. 23, ss. 4, 5 
 
 c. 109, s. 3 
 
 , ss. 8, 11 
 
 52 Geo. III. c. 38, s. 197 
 
 c. 155, s. 9 
 
 53 Geo. III. c. xcii 
 
 54 Geo. III. c. 170, s. 11 
 58 Geo. III. c. 69,s. 2. 
 
 8.6. 
 
 59 Geo. III. c. 12 . . 
 
 s.6. 
 
 — ■ 8.7. 
 
 ss. 8, 10 
 
 s. 12 
 
 s. 13 
 
 s. 17 
 
 s. 35 
 
 c. 69, s. 1 . 
 
 c. 95 . . 
 
 c. 134, s. 39 
 
 3 Geo. IV. c. 126, ss. 84- 
 
 9 Geo. IV. c. 77, ss. 8, 9 
 
 10 Geo. IV. c. 44 . . 
 
 1 & 2 Will. IV. c. 32, ss. 
 
 sched. A 
 c. 42 . 
 
 2 & 3 Will. IV. c. 42 . 
 c. 45 . 
 
 18 
 
 PAGE 
 4 
 4 
 
 178 
 
 19, 20, 25 
 
 . 22 
 
 128, 130 
 
 20, 178 
 
 . 22 
 
 . 22 
 
 37, 38, 39 
 
 4 
 
 . 304 
 
 4 
 
 . 198 
 
 407, 408 
 
 . 22 
 
 . 39 
 
 . 183 
 
 . 123 
 
 22 
 
 . 22 
 
 . 114 
 
 . 196 
 
 . 43 
 
 . 143 
 
 44, 48, 211 
 
 . 20 
 
 22, 24 
 
 . 25 
 
 25,45 
 
 . 45 
 
 . 25 
 
 26,45 
 
 . 210 
 
 . 179 
 
 . 124 
 
 . 123 
 
 . 123 
 
 . 67 
 
 21, 
 
 396-398 
 
 45, 46, 48 
 
 46,48 
 
 46-49 
 
 4,5 
 
 PAGE 
 10 
 
 . 195 
 
 375 
 
 3 & 4 Will. IV. c. 90 .' 62, 64, 65, 66, 
 
 67, 110, 148, 230 
 
 2 & 3 Will. IV. c. 45, s. 33 
 
 s.36 
 
 c. 64 . . 
 
 5 & 6 Will. IV. c. 50 
 
 21, 25, 
 201, 202 
 . 194 
 . 212 
 . 195 
 . 136 
 . 21 
 . 226 
 24,58 
 112, 113, 116, 
 125, 157 
 
 • ss. 56, 57 
 s. 62 
 
 8.71 
 
 s.85 
 s. 97 
 s. 99 
 s. 109 
 
 ■ ss. 29, 36, 46 
 
 • s. 48 . . 
 
 • ss. 62, 82 . 
 ss.84,85 . 
 
 • ss. 86-93 
 
 s. 109 
 s. Ill 
 
 59 
 69 
 
 s.4 
 
 c. 76 
 
 119 
 
 213 
 
 . 119 
 
 . 121 
 
 . 121, 
 
 122 
 
 . 391 
 
 119, 120 
 
 . 408 
 
 57,58 
 
 25,46 
 
 285, 297
 
 Table of Statutes. 
 
 5 & 6 Will. IV. c. 76, ss. 7, 8 
 
 s. 141 
 
 G & 7 Will. IV. c. 71, s. 12 
 
 c. 96, s. 6 
 
 8. 7 . 
 
 c. 103 . . 
 
 c. 115, s. 28 
 
 7 Will. IV. & 1 Vict. c. 22, 8. 18 
 c. 33, s. 12 
 
 TAGE 
 185 
 
 185 
 
 183 
 
 38,39 
 
 38 
 
 185 
 
 , 183 
 
 22, 
 
 299 
 
 22, 
 
 299 
 
 c. 45 . 64, 210 
 c. 50 . 57, 58 
 c. 69,88.2,3 183 
 c. 78, s. 49 . 
 c. 83 . . 
 
 1 & 2 Vict. c. 74 . . . 
 
 2 & 3 Vict. c. 35, s. 4 . . 
 
 c. 62, ss. 34-36 
 
 c. 84, s. 1. 
 
 3 & 4 Vict. c. 15, s. 28 
 c. 31,68. 2, 3 
 
 4 & 5 Vict. c. 38, 8. 6 . 
 
 5 & 6 Vict. c. 18 . . 
 
 — c. 35, s. 35 
 
 c. 57, s. 11 
 
 s. 14 
 
 s. 18 
 
 c. 109 
 
 6 & 7 Vict. c. 18, ss. 73, 74 . 
 
 ss. 75, 76, 7 
 
 ss. 85-88 
 
 s. 89 . 
 
 7 & 8 Vict. c. 87, £8. 1, 2 . 
 c. 101 . . . 
 
 . 88. 14-16 
 
 s. 22 . 
 
 ss. 29, 30 
 
 s. 32 . 
 
 s. 35 
 
 s. 36 
 
 s. 60 . 
 
 s. 61 . 
 
 — e. 62 . 
 ss. 64, 66 
 
 8 & 9 Vict. c. 18 
 
 ■ ss. 128-132 
 c. 20, ss. 8, 9 . 
 
 s. 16 . 
 
 ss . 77-80 
 
 c. 71 
 
 c. 118 
 
 s. 39 . 
 
 ss. 62-67 
 ss. 72, 73 
 
 185 
 143 
 . 56 
 . 397 
 . 183 
 . 103 
 . 183 
 . 183 
 . 212 
 57,58 
 . 22 
 . 209 
 201, 202 
 . 58 
 . 32 
 4 
 i . 5 
 283, 284, 
 306 
 284 
 408 
 226 
 58 
 179, 182 
 212 
 226 
 224 
 225 
 183 
 23,24 
 24 
 184 
 91 
 95 
 143 
 123 
 89,94 
 213 
 50-54 
 183 
 123 
 57 
 
 158 
 9 & 10 Vict. c. 70 
 
 — s. 109 
 
 — s. 110 
 
 — ss. 111,112 
 
 — ss. 149-154, 156 
 
 9 & 10 Vict. c. 70, s. 4 
 
 c. 73, s. 21 
 
 c. 74 
 
 s. 1 
 
 10 & 11 Vict. c. 16, s. 9 
 
 54 
 55 
 56 
 
 47 
 50 
 
 61 
 
 c. 109, s. 21 
 s. 26 
 
 c. Ill 
 
 11 & 12 Vict. c. 42 
 
 c. 43 
 
 c. 63 
 
 8. b 
 
 ss. 8-10, 
 
 142 ... . 
 
 c. 90 . 
 
 c. 91, s. 4 
 
 c. 99 . 
 
 8.4 
 
 12 & 13 Vict. c. 45, s. 1 
 
 49,8. 
 83 , 
 
 1,9 
 
 - c. 92 . 
 
 - c. 103, s. 6 
 
 8.7 
 
 s _ 9 
 
 sb. 18, 20 
 
 s. 21 
 
 13 & 14 Vict. c. 21, s. 4 . 
 
 c. 42 . . 
 
 • c. 57 . . 
 
 . • ss. 1, 4, 
 
 S3. 6-9 
 
 c. 101, s. 4 
 s.6 
 
 14 & 15 Vict. c. 14. 
 
 c. 24 
 
 c. 53 
 
 15 & 16 Vict. c. 79 
 
 s.2 . 
 
 8. 14 . 
 
 ss. 18, 19 
 
 8.21 . 
 
 s. 28 . 
 
 c. 81 . . 
 
 s. 17 . 
 
 ss. 18, 19, 
 
 ss. 23-25 
 
 c. 85 62, 69 ; 
 
 16 & 17 Vict. c. 73, s. 8 . 
 
 c. 79 . . 
 
 c. 134 . 69, 
 
 c. 137 . . 
 
 s.48 
 
 . b. 66 
 
 17 & 18 Vict. c. 87 69, 75, 7 
 
 c. 97 . . 
 
 s. 4 . 
 
 s _ y 
 
 c. 102, ss. 2, 3 
 
 s.4 . 
 
 PAGE 
 
 53 
 
 . 183 
 
 62, 67-69 
 
 . 230 
 
 . 200 
 
 67-69 
 
 . 96 
 
 . 97 
 
 . 50 
 
 . 47 
 
 . 328 
 
 226, 248 
 
 . 184 
 
 141, 
 
 . 185 
 5 
 . 225 
 . 50 
 . 52 
 39, 122 
 . 212 
 . 50 
 . 183 
 . 408 
 21,24 
 . 104 
 . 226 
 . 212 
 . 24 
 . 238 
 . 185 
 . 254 
 . 43 
 . 142 
 . 212 
 21,24 
 5 
 . 212 
 50,51 
 . 50 
 . 52 
 52, 53 
 . 54 
 47.53 
 . 183 
 39-42 
 41 
 42 
 43 
 70, 72-78 
 22 
 184 
 70, 75, 78 
 129-135 
 . 214 
 . 130 
 231, 232 
 . 50 
 . 51 
 . 52 
 . 354 
 . 333 
 
 22
 
 Tabic of Statutes. 
 
 PAGE 
 
 17 & IS Vict. c. 102, s. 5 . . . 334 
 ss. 10, 12, 13 326, 
 
 327 
 c. 112 . . . 211,212 
 
 18 & 19 Vict. c. 119, ss. 3, GG, 67, 
 75-77, schedules D, E, F, 
 
 and M 
 
 c. 120, s. 54 
 ■ c. 124 . . 
 
 s. 29 
 
 s. 44 
 
 s. 45 
 
 s. 48 
 
 c. 128 
 
 20 Vict. c. 19 
 20 & 21 Vict. 
 
 s. 18 
 ss. 19, 2 
 
 c. 31 
 
 c. 81 
 
 4 
 ss. 12, 
 
 13 
 
 21 & 22 Vict. c. 33 
 
 c. 90, 
 
 c. 98 
 
 s. 4 
 s. 22 
 
 23 
 
 35 
 — s. 12 
 
 s. 49 
 
 22 Vict. c. 1 . . . 
 ■ c. 26, ss. 2, 7 . 
 
 22 & 23 Vict. c. 40, s. 7 
 c. 43. . 
 
 23 & 24 Vict. c. 30 62,78,79,110,230 
 
 c. 64. 
 
 ss. 1 
 
 s. 13 
 
 68. 
 90, 
 
 106 . 
 112, s. 40 
 136 . 
 s.6 
 
 8.8 
 
 8.9 
 
 24 & 25 Vict. c. 61 . . 
 
 8. 21 
 
 c. 125, s. 1 
 
 8. 2 
 
 25&26 Vict. c. 61. 
 
 s. 10 
 s. 11 
 s.17 
 s.35 
 s. 36 
 ■s. 42 
 s. 44 
 
 100 
 103 
 
 398-402 
 199, 203 
 129-135 
 . 80 
 126, 13G 
 . 136 
 . 130 
 69-78 
 . 33 
 . 232 
 . 179 
 . 50 
 . 51 
 . 52 
 69-78 
 . 231 
 . 232 
 . 39 
 22, 299 
 . 184 
 . 186 
 . 185 
 . 67 
 . 231 
 G9,70 
 . 257 
 . 22 
 . 50 
 
 11 3 
 
 69, 71, 73 
 232 
 114 
 397 
 91 
 123 
 129-135 
 126, 136 
 136, 237 
 . 237 
 . 184 
 . 232 
 . 43 
 44, 143 
 . 112 
 . 120 
 . 123 
 113,116 
 . 119 
 . 118 
 116, 118 
 . 123 
 69, 232 
 34-37 
 s. IS . . 35 
 ss. 19, 21 . 36 
 ss. 32-34 . 37 
 
 25 & 26 Vict. c. 103, ss. 37-39 
 c. 112 . 129, 
 
 26 & 27 Vict. c. 17 . . 
 c. 29, a. 6 . 
 
 c. 33, s. 22 . 
 
 27 & 2S Vict. c. 39. 
 
 s. 1 . 
 
 ss. 2, 3 
 
 8.7 . 
 
 c. 101 
 
 — s. 20 
 
 — s. 21 
 
 — ss. 24, 3 
 
 — s. 46 
 
 29 & 30 Vict. c. 78 . . 
 
 c. 90, s. 43 . 
 
 s. 44 . 
 
 c. 113, s. 5 . 
 
 s. 10 
 
 s. 11 
 
 s. 13 
 
 8. 18 
 
 30 & 31 Vict. c. 35. . . 
 
 c. 67, s. 11 . 
 
 c. 84, s. 26 . 
 
 c. 102 . . 
 
 s. 49 
 
 s. 50 
 
 106, s. 3 . 
 
 s. 27 
 
 s.29 
 
 c. 130 
 
 31 & 32 Vict. c. 46, s. 11 . 
 
 c. 72, s. 9 . 
 
 c. 89 . . 
 
 c. 122, s. 4 . 
 
 s. 6 . 
 
 s. 27 
 
 s. 30 
 
 c. 125 
 
 ss. 11, 1 
 s. 25 
 8.29 
 
 32&33 Vict. c. 14. . . 
 
 c. IS . . 
 
 c. 41, ss. 3, 4 
 
 8.7 . 
 
 s. 13 . 
 
 83. 15, 19 
 
 c. 56 . . 
 
 c. 72, s. 9 . 
 
 c. 110 129-132 
 
 s. 10 
 
 s. 11 
 
 3o 
 
 33 & 34 Vict. c. 70. . . 
 
 c. 75, s. 3 . 
 
 s. 12 . 
 
 ss. 20, 21 
 
 schedule 
 
 part I., rule 14 . 
 c. 7S . . 
 
 PAGE 
 
 . 33 
 
 132, 133 
 
 184, 185 
 
 326, 327 
 
 39 
 
 34 
 
 36,38 
 
 38 
 
 32 
 
 112 
 
 119 
 
 124 
 
 119 
 
 118 
 
 39 
 
 67 
 
 231 
 
 226 
 
 21,24 
 
 21 
 
 39 
 
 177 
 
 328 
 
 58 
 
 195 
 
 4,5 
 
 11 
 
 334, 355 
 
 280 
 
 179 
 
 37 
 
 44 
 
 393, 394 
 
 375 
 
 22 
 
 50 
 
 184 
 
 229 
 
 179 
 
 35 
 
 304 
 
 304 
 
 315 
 
 310 
 
 397 
 
 91 
 
 29, 165 
 
 4,5 
 
 38 
 
 4,5 
 
 135 
 
 22 
 
 ,134,135 
 
 136,237 
 
 . 237 
 
 31,32 
 
 . 243 
 
 211,213 
 
 . 212 
 
 II., 
 
 . 196 
 
 30,31
 
 Table of Statutes. 
 
 33 & 34 Vict. c. 78, s. 6 
 
 34 & 35 Vict. c. 12 . 
 
 c. 33 . 
 
 c. 48 . 
 
 c. 70 . 
 
 c. 105 
 
 35 & 36 Vict. c. 33 
 
 PAGE 
 
 . . 143 
 
 . 402,403 
 
 G9, 72, 74 
 
 . . 22 
 
 . . 185 
 
 67, 68, 230 
 
 . . 160 
 
 205, 207, 273-297, 
 
 302, 303 
 
 8.2 
 
 8.2 
 8.6 
 
 — 8.7 
 
 -s. 11 
 
 — 8. 15 
 
 — 8.24 
 
 — schedule 
 
 rule 27 
 
 c. 38 . 
 c. 60 . 
 
 c. 79, s. 7 
 
 ss. 22-25 
 
 s. 34 
 
 57 
 36 & 37 Vict. c. 19 
 
 c. 91 
 c. 92 
 c. 93, ss. 40 
 
 8.10 
 
 c. 37 . 
 
 c. 66, ss. 16 
 
 c. 67, s. 16 
 
 c. 86, sched 
 
 c. 87 . 
 
 37 & 38 Vict. c. 87. . 
 
 38 & 39 Vict. c. 55, s. 4 
 ss. 5, 6 
 
 -42 
 
 318 
 . 205 
 
 191,317 
 . 304 
 . 306 
 
 306, 355 
 
 I, 
 
 . 318 
 
 404-407 
 . 304 
 . 67 
 . 185 
 . 68 
 . 102 
 . 32 
 52, 
 
 395, 396 
 47-49 
 . 46 
 403, 404 
 . 129 
 . 394 
 r. 1 275 
 . 135 
 130, 135 
 139, 184 
 . 184 
 s. 9 154, 155, 171 
 s. 10 . . 67, 230 
 ss. 15, 51-57 . 139 
 s. 144 113,116,123, 
 155-157 
 ss. 145-148 . l 113, 
 116, 155, 156 
 s. 163 . . . 64 
 s. 164 . . 82, 84 
 s. 178 . 87, 91, 363 
 ss. 183-186 82, 84, 
 85, 365 
 . 137 
 . 138 
 . 50 
 113, 156 
 138 
 33, 50, 161, 
 162 
 . . 105 
 . 105, 106 
 ss. 236-238 105, 107 
 s. 239 . .105, 108 
 s. 247 . . . 219 
 s. 250 . . . 221 
 ss. 270-278 . 185 
 
 s. 202 
 s. 203 
 s. 211 
 s. 216 
 s. 229 
 8. 230 
 
 s. 233 
 s. 234 
 
 38 & 39 Vict. c. 55, s. 271 
 
 s. 276 . 
 
 ■ s. 277 
 
 ■ s. 293 
 
 ■ s. 294 
 
 • s. 295 
 
 ■ s. 296 
 
 ■ s. 297 
 
 • s. 299 . . 
 
 • ss. 300-302 
 
 ■ s. 310 
 
 PAGE 
 
 . . 376 
 . . 156 
 . . 138 
 
 89, 95 
 89, 95, 97 
 
 89, 95 
 
 89, 96, 97 
 
 . 89, 96 
 
 . . 140 
 
 141 
 
 231 
 
 c. 83 
 c. 89 
 
 s. 9 
 
 39 & 40 Vict. c. 36, s. 9 
 c. 56 . 
 
 s. 343 68, 184, 231, 
 
 232 
 
 sched. II. r. 5 197 
 
 6 376 
 
 64 197 y 
 
 200, 201 
 
 . 184 
 
 . 109- 
 
 109- 
 
 68, 77, 110 
 
 22, 299 
 
 50, 51, 53 
 
 160 
 
 84 
 
 sched 
 
 198 
 V 
 
 •8.9 . 
 
 • 8. 19 . 
 
 • ss. 21, 24 
 
 ■ s. 26 . 
 
 ■ ss. 27, 28 
 •s.29 . 
 
 48, 
 
 c. 61 
 
 ss. 1-6 
 
 88. 7-9 
 
 8. 11 
 
 8.12 
 
 s. 38 
 
 c. 62 . 
 
 c. 79, ss. 5, 
 
 8.10 
 
 s. 41 
 
 6,9 
 
 c. lxi 
 
 40 & 41 Vict. c. 69 
 
 41 & 42 Vict. c. 3 . 
 c. 14 
 
 8. 2 
 
 c. 16, s. 67 
 c. 25, s. 3 
 c. 26, ss. 5, 
 
 s. 28 
 
 c. 33, s. 30 
 c. 56 . 
 
 s. 4 
 
 c. 77, ss. 3, 
 
 s. 7 
 
 68. 13- 
 
 s.24 
 
 42 & 43 Vict. c. 6 . 
 
 c. 10 
 
 c. 22 
 
 c. 31 
 
 c. 37 
 
 c. 47 
 
 7,14 
 
 17 
 
 48,57 
 54 
 54,55 
 56 
 52 
 
 167, 175 
 
 180, 181 
 
 180, 182 
 . 184 
 . 229 
 
 225, 226 
 59, 213 
 . 394 
 . 194 
 
 211, 213 
 . 185 
 . 185 
 5 
 67-69 
 . 230 
 22, 299 
 . 140 
 . 4,5 
 . 190 
 22,299 
 . 50 
 . 53 
 . 113 
 
 161, 162 
 . 114 
 . 124 
 
 221-224 
 . 4,5 
 . 329 
 . 232 
 50,53 
 . 160
 
 Table 0/ Statutes. 
 
 42 & 43 Vict. c. 49 
 
 43 & 44 Vict. c. 7 
 
 c. 9 . . 
 
 c. 23, s. 4 
 
 c. 41 . 
 
 44 & 45 Vict. c. 2 . . 
 
 c. 67 . 
 
 c. 68, s. 14 
 
 s. 19 
 
 45 & 46 Vict. c. 15 . 
 
 c. 30 . 
 
 c. 38, s. 48 
 
 c. 48, s. 7 
 c. 49, s. 41 
 c. 50 . 
 
 PAGE 
 
 ... 248 
 — s. 31 . . . 39 
 c. 54, s. 4 . . 180, 181 
 
 ss. 5, 6 . . 180 
 
 s.7 180,181,183 
 
 c. 75, s. 2 . . 304 
 
 s. 9 
 s. 11 
 
 s. 12 
 
 . 34 
 
 . 238 
 
 . 394 
 
 69,78 
 
 69,78 
 
 . 160 
 
 304, 312 
 
 . 328 
 
 50, 56, 57 
 
 62, 67, 68 
 
 . 51 
 
 22, 299 
 
 . 22 
 
 . 208 
 
 . 298 
 
 3, 5, 318 
 
 . 151 
 
 151, 198- 
 
 201 
 
 s. 30 . . . 
 ss. 31-33 . 
 ss. 34, 35 . 
 ss. 36, 37, 40 
 s. 41 . 
 s. 45 . 
 s. 51 . 
 s. 56 . 
 8. 58 . 
 s. 59 . 
 s. 63 . 
 
 • s. 66 . 
 
 • ss. 74, 75 
 
 376 
 
 5 
 
 299 
 
 300 
 
 301 
 
 3,318 
 
 3, 318 
 
 205, 301 
 
 273, 302 
 
 . 303 
 
 . 5,6 
 
 . 303 
 
 205, 207, 
 
 303 
 
 s. 77 . . . 355 
 
 ss. 77-104 . 205 
 
 207, 305-320 
 
 320 
 5 
 185 
 376 
 215 
 320 
 185 
 . 239, 321 
 . . 321 
 . . 322 
 . 274,285 
 III, 
 part 2 (6) 278 
 
 part 3 273, 322 
 
 sched. VIII. . 323 
 
 c. 58, ss. 1, 2 . . 180 
 
 — ss. 3-7 . ISO, 183 
 
 s. 14 . . . 58 
 
 0. 75, s. 21 . . . 195 
 
 s. 140 
 s. 209 . 
 ss. 210-218 
 s. 212 . 
 s. 213 . 
 ss. 219, 224 
 s. 228 . 
 s. 230 
 s. 239 
 s. 240 
 s. 242 
 • sched 
 
 45 & 46 Vict. c. 80 . 
 
 46 & 47 Vict. c. 15 . 
 c. 36, s. 3 
 
 C 51, 88. 1, 
 
 5 
 
 s. 38 21 
 
 8.43 
 s.45 
 
 ss. 46 
 
 8. 51 , 
 
 s.52 , 
 
 s.53 
 
 s.54 
 s.55 
 s.56 
 s.57 
 s. 59 
 8.60 
 s.64 
 
 c. 52, s. 32 
 
 c. 61 . 
 
 c. ccxxvi 
 
 47 & 48 Vict. c. 43, s. 4 
 s. 11 
 
 c. 54, s. 3 
 c. 58 325, 
 c. 70 205, 
 
 8.2 
 
 8.3 
 
 s. 8 
 
 s. 13 
 s.22 
 s.23 
 
 s.28 
 
 s. 34 
 
 s.37 
 
 48 & 49 Vict. c. 3 . . 
 
 c. 9 . . 
 
 c. 10 . 
 
 c. 15, s. 4 
 
 8. 11 
 
 ■ 8. 12 
 
 8. 19 
 
 c. 21 . 
 
 PAGE 
 
 48-50, 370 
 . . 91 
 . . . 130 
 2 . 333, 355 
 . . . 316 
 .21,192,202, 
 
 324, 336, 337 
 . . . 336 
 , . 192,318 
 
 316 
 
 336 
 
 335 
 
 343 
 
 192 
 
 192, 318, 
 
 337, 356 
 
 192, 202, 
 
 318, 337, 356 
 
 21, 192, 202 
 
 325, 348, 349 
 ,50 325,349 
 . . 326,349 
 . . 326, 338, 
 
 349 
 . . 326,349 
 . . 327, 349 
 . . 328, 349 
 .316,328,349 
 .328,348,349 
 . . 329, 349 
 .311,330,349 
 . 21, 202, 330, 
 338, 341, 351 
 . . 21, 196 
 . . 99, 367 
 . . . 114 
 . . 39, 396 
 . . . 226 
 . . . 257 
 329, 346, 348 
 207, 208, 304, 
 324, 332-357 
 .21, 192, 202, 
 
 318 
 . . . 316 
 192, 316, 318 
 . . 192,318 
 192, 306, 318 
 .21, 192, 202, 
 
 318 
 .21,192,202, 
 
 318 
 . . . 202 
 . . . 205 
 . . .4,5 
 . . . 5 
 163, 208, 302 
 . . . 190 
 . . . 4 
 . . .4,5 
 . . . 4 
 . . 69, 74
 
 Table of Statutes. 
 
 TAGE 
 
 48 & 49 Vict. c. 23, ss. 7, 10, 13, 
 14 ... . 
 
 8. 18 
 
 c. 30 
 c. 46 
 c. 56 
 c. 72. s. 
 
 50 & 51 Vict. c. 20 
 c. 26 
 
 c. 32, s. 7 
 c. 48 . 
 
 c. 49 
 c. 61 
 
 c. 72 
 
 129 
 
 51 & 52 Vict. c. 10, s. 2 
 
 8. 3 
 
 s. 7 
 
 c. 41, s. 3 
 
 8.8 
 
 . 8. 11 
 
 ss. 12, 13 
 s.29 . 
 s. 31 . 
 s. 34 . 
 ss. 35, 38 
 ss. 40, 46 
 s.49 . 
 8.50 . 
 ss. 50-63 
 s. 52 . 
 s.54 
 
 5 
 375 
 109 
 4,5 
 335 
 139 
 L96 
 
 358-360, 367 
 60 
 
 18, 87, 90, 100, 
 
 361-37^ 
 
 . 89, 92, 94 
 
 89-92, 94, 98- 
 
 100 
 
 •8 90, 93, 98 
 
 . 93 
 
 87, 90, 95 
 
 50, 57 
 
 92 
 
 , 130, 133 
 
 ; 168, 177 
 
 . 102 
 
 . 4,5 
 
 4,5,6 
 
 4, 190 
 
 40, 162 
 
 41,42 
 
 114, 123, 156, 
 
 159 
 
 . 114 
 
 . 236 
 
 . 374 
 
 371, 374 
 
 . 40 
 
 . 374 
 
 241, 374 
 
 . 169 
 
 373-385 
 
 . 185 
 
 167, 169, 183, 
 
 185, 215, 216 
 
 ... 185 
 
 166, 168, 169, 
 
 s. 56 
 
 g 57 
 
 171, 173, 174^ 176, 177,180, 183, 
 185, 188, 215, 216, 254 
 
 s. 58 167, 169, 184 
 
 s.59 
 
 ■ s. 62 
 
 s.68 
 
 s. 73 
 
 8. 75 
 
 176, 235 
 . . 237 
 . 39, 40 
 . . 101 
 21, 192, 239 
 . . 40 
 . . 40 
 379 
 28, 39, 40, 
 114, 150, 169, 244-247, 255 
 8. 120 . . . 255 
 
 s. 81 
 s.87 
 s. 100 
 
 51 & 52 Vict. c. 42, s. 13 
 
 52 & 53 Vict. c. 30 . 
 
 c. 40 . 
 
 c. 49 . 
 
 c. 56, s. 8 
 
 c. 63, ss. 1, 
 
 8.3 
 
 s. 5 
 
 8. 11 
 
 8. 13 
 
 8. 15 
 
 s. 17 
 
 ss. 19, 
 
 s. 23 
 
 s. 26 
 
 ss. 31- 
 
 s.34 
 
 ss. 36, 
 
 s. 38 
 
 c. 69, s. 2 
 
 C. XV 
 
 c xxii . 
 
 c. xlvi . 
 
 c. cxii . 
 
 c. cxvi . 
 
 c clxxii 
 
 39, 
 
 PAGE 
 
 . 128 
 
 51, 370 
 . 135 
 . 235 
 . 58 
 . 247 
 238, 247 
 177, 243 
 . 262 
 
 248, 404 
 . 248 
 
 3 
 
 . 249 
 
 91 
 
 249, 265 
 . 249 
 12, 250 
 . 250 
 . 262 
 
 192, 202, 318 
 185,375 
 . 185 
 . 185 
 
 20 
 
 33 
 
 37 
 
 — c clxxvii 
 
 53 & 54 Vict, c 21, s. 8 
 
 c 22, s. 1 
 
 c. 59, s. 44 
 
 c 65 
 
 •8.2 
 8.3 
 
 s. 6 
 
 c 70, s. 29 
 
 ss. 31, 
 
 c. 71, s. 9 
 c. clxxvi 
 c. cciv . 
 
 54 & 55 Vict. c. 11 
 c. 17 
 
 55 & 50 Vict 
 
 56 & 57 Vict. c. 9 . 
 
 c. 11 
 
 c. 59 
 
 c. 61 
 
 c. 73 
 
 c. 33 . 
 
 c. 68, s. 2 
 c. 76, s. 142 
 c. ccx . 
 c. 10 . 67 
 c. 31 . 
 
 8S. 1, 17 
 
 ■ c. 43, s. 13 
 - c. 53 . 
 
 18 
 
 i, 8"; 
 
 365 
 
 38, 
 
 . 185 
 
 . 185 
 
 . 185 
 
 114, 374 
 
 22, 299 
 
 . 243 
 
 82, 86 
 
 ', 90, 361, 
 
 :, 386-389 
 
 . 93 
 
 90,97 
 
 . 93 
 
 . 62 
 
 2. 61 
 
 21, 196 
 
 241, 374 
 
 . 375 
 
 . 4,5 
 
 129, 132 
 
 50,57 
 
 4 
 
 . 408 
 
 375 
 
 , 129, 396 
 
 62,99 
 
 , 100 
 
 123 
 
 62, 79-82, 
 
 148, 230 
 
 . . 376 
 
 . 79, 80 
 
 130, 134, 135, 
 
 285, 352 
 
 17, 321, 390-392 
 
 . . .1-271 
 
 69.
 
 ( xv ) 
 
 TABLE OF CASES. 
 
 PAGE 
 
 Aberdare Canal Co., Keg. v. . 210 
 Ackers v. Howard (16 Q. B. D.) 
 
 275, 276 
 
 v. (4 O'M. & H.) 306 
 
 Adams v. Gower 317 
 
 Adkins, Smith v 25 
 
 Agnew v. Jobson 391 
 
 Akers v. Howard .... 275, 276 
 Alderman v. Neate .... 25 
 Aldridge v. Hurst (1 C. P. D.) . 313 
 
 v. (3 O'M. & H.) . 336 
 
 AUason v. Stark 26 
 
 Allingham, Bettesworth r. . . 341 
 
 Ambrose, Cox v 199, 318 
 
 Anderson v. Cawley .... 317 
 
 Andrews, Budge v 307 
 
 West v . 199 
 
 Anson v.Dyott ' ■ 306,334,335 
 
 Arch v. Bentinck 311 
 
 Ardsley (inhabitants), Reg. v. . 112 
 
 Arnold v. Blaker 125 
 
 v. Poole (mayor, etc.) . 14 
 
 Ashbury Railway Carriage, etc., 
 
 Co. v. Riche 13 
 
 Athlone Petition 336 
 
 Atkinson v. Newcastle, &c, 
 
 Waterworks Co 17 
 
 Attorney - General v. Brecon 
 (Mayor, etc.) .... 13,102 
 
 v. Brown . . 13 
 
 Vm Church . . 103 
 
 v. Eastlake . 13 
 
 v. Lewin . . 26 
 
 v. Lichfield 
 
 (corporation) 103 
 
 Attwood, Points v 23 
 
 Austin v. Bethnal Green (guar- 
 dians) 15 
 
 Aylesbury Petition . . . 333, 335 
 
 Bailey v. Foster 26 
 
 Bale, Milnes v 325 
 
 Balfour, Munro » 316 
 
 Bamber, Reg. v 120 
 
 Bangor (mayor, etc.), Pritchard v. IJ 276 
 Banks v. Mansell 12 
 
 PAGE 
 
 Bann Reservoir (proprietors), 
 
 Geddis v 16 
 
 Barber, Lenham v 316 
 
 Barlow v. Smith 11 
 
 Barnes, Ford v 11 
 
 Barnstaple Municipal Petition . 281, 
 
 349 
 Parliamentary Peti- 
 tion 317 
 
 Barrow-in-Furness Petition . . 341 
 Barry v. Davies . . 333, 343, 348 
 Bartholomew, Radcliffe v. . . 240 
 
 Bates, Latimer v 317, 335 
 
 Batty, Nield v 316 
 
 Baynes v. Stanton 335 
 
 Beal v. Exeter (town clerk) . . 10 
 
 v. Ford 10 
 
 Beale v. Smith 316 
 
 Bean, Mallam v 313 
 
 Beardsall, Reg. v 277, 291 
 
 Bedfordshire Case 31S 
 
 Bedlington (overseers), Reg. v. . 103 
 Belfast Petition .... 335, 336 
 
 Bell, Burdon v 306 
 
 Benn, Brown v 307 
 
 Bentinck, Arch v 311 
 
 Beresford Hope v. Sandhurst . 151, 
 312, 318 
 Berry v. Eaton . . 334, 335, 336 
 Berwick-upon-Tweed Municipal 
 
 Petition 349 
 
 — Parliamen- 
 tary Petition 275 
 
 Bethnal Green (guardians), 
 
 Austin v 15 
 
 Bettesworth v. Allingham . . 341 
 Bevan, Truscott v. ... 312, 335 
 
 Beverley Petition 306 
 
 Bewdley Petition .... 317, 333 
 Billericay (guardians), Lamp- 
 
 rell v 15 
 
 Billett, Doe d. Edney r. . . . 26 
 Birkbeck v. Bullard .... 333 
 
 Birley, Royse v 198 
 
 Birmingham Municipal Petition . 275, 
 280, 288, 306
 
 Table of Cases. 
 
 PAGE 
 
 Bishop Wearmouth (burial 
 
 board), Reg. v 34 
 
 Blackburn Petition .... 334 
 
 ■ Benefit Building 
 
 Society, Brooks & Co. v. . . 105 
 
 Blaker, Arnold v 125 
 
 Blizzard, Reg. v 300 
 
 Blunt v. Heslop or Hislop . . 240 
 
 Bodmin Petition 317 
 
 Bolton Petition 335 
 
 Bond v. St. George's Hanover 
 Square (overseers) . . . . 9, 10 
 
 Booth v. Clive 391 
 
 Bootle-cum-Linacre (highway 
 surveyors), Bridgewater (trus- 
 tees) v 180 
 
 Boston Petition (L. R. 9 C. P.) . 306 
 
 (2 O'M. & H.) . 335 
 
 Boteler, Reg. v 104 
 
 Bournemouth (commissioners) 
 
 v. Watts 16 
 
 Boycott, Reg. v 11 
 
 Boyd v. Nethery 239 
 
 Bradfield (guardians), Nichol- 
 son v 14 
 
 Bradford Petition . . . . . 306 
 Brand, Hammersmith & City 
 
 Railway Co. v 16 
 
 Brassey, Calthorpe v. . . . 335, 336 
 
 Brecon Petition 313 
 
 (mayor, etc), Attorney- 
 General v "13,102 
 
 Brewer, Heath v 391 
 
 Bridgewater Petition .... 316 
 (trustees) v. Bootle- 
 cum-Linacre (highway sur- 
 veyors) 180 
 
 Bristol Petition 336 
 
 British Museum (trustees) v. 
 
 Finnis Ill 
 
 Britt v. Robinson 336 
 
 Broad v. Fowler (L. R. 5 C. P.). 349 
 
 „. (i O'M. & H.) . 335 
 
 Broderick v. Greville Nugent . 334 
 
 Brook, Donoghue v 11 
 
 , Spittall v 11 
 
 Brooks & Co. v. Blackburn 
 
 Benefit Building Society . . 105 
 
 Brown, Ex parte 148 
 
 , Attorney-General v. . . 13 
 
 v. Benn 307 
 
 , Hardwick v. . . . 203, 300 
 
 Bryson v. Russel 391 
 
 Buckrose Petition. 276, 289, 343, 348 
 
 Budge v. Andrews .... 307 
 
 Bullard, Birkbeck v 333 
 
 Burdonv. Bell 306 
 
 Burgess, lie 196 
 
 Burgoyne v. Collins .... 312 
 Burland v. Kingston-upon-Hull 
 
 (local board) 103 
 
 Burnley v. Methley (overseers) . 211 
 
 PAGE 
 
 Callan, Kirk v 333 
 
 Calthorpe v. Brassey . . . 335, 336 
 Campbell, Lord Colin, Be. . .197 
 Cardigan (County Council) Re . 236 
 
 Carr, Lewis v 203 
 
 Carter, Durant v 10 
 
 , Tanner v 12 
 
 Castlereagh, Macartney v. . . 334 
 
 Castor, Tanner v 12 
 
 Cave, Fleming v. (44 L. J. C. P.) . 349 
 
 , (2 0'M&H.) . 317 
 
 Cawley, Anderson v 317 
 
 Central Wingland (inhabitants), 
 
 Reg. v 113 
 
 Chadwick, Ormerod v. ... 211 
 Chamberlain v. King .... 391 
 Chambers v. Smith .... 240 
 Charlesworth v. Rudgard . . . 203 
 Charsley v. Rothschild . . 333, 335 
 Chawner v. Meller . . . 306, 335 
 Cheltenham Petition .... 335 
 Chester-Master, Lawson v. (L. R. 
 
 [1893] 1 Q. B.) 311 
 
 , v. (4 O'M 
 
 &H) 276 
 
 Child, Tozer v 280 
 
 Chorlton v. Lings 5 
 
 upon-Medlock (over- 
 seers), Reg. v 33 
 
 Church, Attorney-General v. . 103 
 
 v. Imperial Gas, etc., Co. 14 
 
 Cirencester Petition (L. R. [1893] 
 
 1 Q. B.) 311 
 
 . (4 0'M&H.) 276 
 
 Clark, Ex parte 343 
 
 v. Lowley 319 
 
 v. Wallond .... 316, 319 
 
 Clarke v. Cuckfield (guardians) . 14 
 
 , Huth v 217 
 
 Clayton, Hudspeth v. . 333, 348, 349 
 Clementson v. Mason . 287, 290, 293 
 Clifton (inhabitants), Rex v. . 20 
 
 (school-board), Scott v. . 15 
 
 Clive, Booth v 391 
 
 Cobbett v. Hibbert . . . 196, 335 
 Cockell, Doe d. Higs;s, or Hobbs, v. 25 
 
 Collings, Packard v 306 
 
 Collins, Burgoyne v 312 
 
 v. Price 311 
 
 Colman v. Walpole . 317, 333, 334 
 
 Condon v. Osborne 336 
 
 Conybeare v. London (School- 
 board) 196 
 
 Cooban, Reg. v 197 
 
 Cook v.Ward 217 
 
 Cooper v. Slade .... 334, 335 
 
 Cousins, Reg. v 20 
 
 Coventry Petition .... 334, 336 
 Cox v. Ambrose .... 199, 318 
 
 , Mellor v 317, 336 
 
 v. Redmond 340 
 
 Crossmsn v. Gent-Davies . 348, 349
 
 Table of Cases. 
 
 xvu 
 
 PAGE 
 
 Cross, Ormerod v 335 
 
 Cubitt v. Maxse Ill 
 
 Cuckfield (guardians), Clarke v. . 14 
 
 Cumberland (justices), Rex v. . 240 
 
 Cumberlege, Reg. v 33 
 
 Curling, Davies v 391 
 
 Curtis v. Kesteven (county council) 159 
 
 Cuthbertson v. Young. . . . 120 
 
 Dalton v. Fullam 334 
 
 Darley, Smyth v 263 
 
 Darlington, Ex parte .... 343 
 Davies, Barry v. . . 333,343,348 
 
 v. Curling 391 
 
 v. Swansea (mayor, etc.). 391 
 
 Davitt, Mahony v 334 
 
 Dawes v. Hawkins .... 120 
 
 Dawson, Lovering v. (No. 1). . 308 
 
 , v. (No. 2) . 314 
 
 Deakin, Drinkwater v. (L. R. 
 
 9 C. P.) 318, 319 
 
 , ■ v. (2 O'M. 
 
 &H.) 336 
 
 Dean, Jarvis v Ill 
 
 Dent Commutation, lie . . . 183 
 
 Devey, Taylor v 183 
 
 Devonport Petition .... 313 
 
 Dibbins, Reg. v 202 
 
 Dilke v. Vickars 333 
 
 Dipstale's Case 11 
 
 Dobson v. Fussey 263 
 
 Donoghue v. Brook .... 11 
 
 Down Petition 334 
 
 Dowse, M'Gowan v 336 
 
 Drew, Ford v 10 
 
 Drinkwater v. Deakin (L. R. 
 
 9 C. P.) 318, 319 
 
 v. (2 O'M. 
 
 &H.) 336 
 
 Drogheda Petition 306 
 
 Dublin Petition 335 
 
 Dudley Petition 306 
 
 Dukinfield, Reg. v 112 
 
 Duncan, Schneider v 341 
 
 Dunn, Mashiter v 196 
 
 Durant v. Carter 10 
 
 , Isaacson v. (1886), (4 O'M. 
 
 ■ &H.). 276,289,334,336,343,348 
 
 , v. (1886), (17 Q. 
 
 B. D.) 318 
 
 , v. (1892) . . 340 
 
 Durham Petition 335 
 
 (Bishop), Moricc v. . .128 
 
 Dyott, Anson v. . . 306, 334, 335 
 
 Dyte v. St. Pancras (guardians) 15 
 
 East Clare Petition .... 340 
 
 Eastlake, A. G. v 13 
 
 East Manchester Petition . . 316 
 Eaton, Berry v. . . . 334, 335, 336 
 
 Edney, Doe d. v. Billett ... 26 
 
 Edwards, Hind v 306 
 
 PAGE 
 
 Elkins v. Onslow ..... 334 
 
 Elliott, Glaholm v 313 
 
 Elmsley, Ford v 11 
 
 Empsey, Zouch v 239 
 
 Ennis, Shiel v 336 
 
 Exeter (town clerk), Beal v. . . 10 
 
 (mayor), Reg. v. (Dip- 
 stale's Case) 11 
 
 , Reg. v. (West- 
 comb's Case) 11 
 
 Eykin, Richardson Gardner v. . 335 
 
 Eyre v. New Forest (highway 
 board) 111,125 
 
 , Reg. v 39 
 
 Fields, Nicholson v 200 
 
 Finnis, British Museum (trus- 
 tees) v Ill 
 
 , Reg. v 227 
 
 Finsbury Petition 336 
 
 Fishmongers' Company v. Robert- 
 son 15 
 
 Fleming v. Cave (44 L. J. C. P.) 349 
 
 v . (2 O'M. & H.) . 317 
 
 Fletcher v. Greenwell, or Green- 
 wood 391 
 
 v. Hudson .... 200 
 
 Ford v. Barnes . 11 
 
 , Bealv 10 
 
 v. Drew 10 
 
 v. Elmsley 11 
 
 v. Hart 10 
 
 v. Pye 10 
 
 Fordham, Reg. v 227 
 
 Forrest, Rex v 22 
 
 Forster, Ex parte 240 
 
 , Storey v 306 
 
 Foster, Ex -parte 240 
 
 , Bailey v 26 
 
 , Mitchell v 239 
 
 Fouch, Reg. v 38 
 
 Fowler, Broad v. (L. R. 5 C. P.) 349 
 
 , v. (1 O'M. & H.) . 335 
 
 Francis, Reg. v 197 
 
 Freeman v. Read 240 
 
 Fullam, Dalton v 334 
 
 Fussey, Dobson v 263 
 
 Futcher v. Saunders .... 300 
 
 Galway Petition (1869) ... 334 
 
 (1872) ( 2 O'M 
 
 & H.) 306 
 
 (1873) (7 Ir. R. 
 
 C. L.) 319 
 
 ■ , Morton v 314 
 
 Gardner, Herbert v. . 334, 335 
 
 v. Samuelson .... 335 
 
 Garland, Lester v 239 
 
 Gaskarth, Reg. v 201 
 
 Geddis v. Bann Reservoir (pro- 
 prietors) 16 
 
 Gent-Davies, Crossman v. . 348, 394 
 
 b
 
 xviu 
 
 Tabic of Cases. 
 
 PAGE 
 
 George v. Pryce-Jones . . . 348 
 Gibbs, Mersey Docks & Harbour 
 
 Board Trustees v 16 
 
 Glaholm v. Elliott 313 
 
 Glass, Sturge v 317, 333 
 
 Gloucester Petition .... 334 
 
 (justices), Keg. v. . 39 
 
 Goff, Phillips v 275 
 
 Goldsmid v. Roberts .... 336 
 
 Goodday v. Michell .... 183 
 
 Goodeuough, Rex v 240 
 
 Goodman v. Saltash (mayor) . 128 
 
 Gouldaworth v. Knights ... 25 
 
 Gower, Adams v 317 
 
 GraDt ». Pagham (overseers) . . 337 
 
 , Youngjohns v 308 
 
 Grasmere (local board), Reg. v. ■ 1 86 
 Gravesend Petition . . . 312, 335 
 Great Broughton (inhabitants), 
 
 Rextf 112 
 
 Harlow (inhabitants), 
 
 Rexv 22 
 
 Western Ry. Co., Reg. v. 38, 225 
 
 Green v. Hall 335 
 
 Greene, Reg. v 23 
 
 Greenwell, or Greenwood, 
 
 Fletchers 391 
 
 Greville Nugent, Broderick ?•. . 334 
 
 Guest, Powell v 9 
 
 Guildford Petition 334 
 
 Guiness, Woodlock v 335 
 
 Guise v. Wait 334 
 
 Gurney, Pegler v. (1869) ... 309 
 
 , , v. (1870). . . 349 
 
 Guy, Holme v 132 
 
 Hackney Charities, Re . 26, 136, 237 
 Haigh v. North Bierley (guar- 
 dians) 14 
 
 v. West 26 
 
 Hall, Green v 335 
 
 Hammersmith and City Railway 
 Company v. Brand .... 16 
 
 Hanson, Re 240 
 
 Harding, Preece v 357 
 
 Hard wick v. Brown . . . 203, 300 
 
 , Kidderminster (mayor, 
 
 etc.) v 15 
 
 v. Moss 391 
 
 Hardy, Reg. v 186 
 
 Hargreaves v. Scott .... 349 
 
 Harmon v. Park 308 
 
 Harrald, Reg. v 6, 189 
 
 Harrison v. Stickney .... 103 
 
 Hart, Ford v 10 
 
 Harwich Petition .... 317, 336 
 
 Haslekurst, Reg. v 225 
 
 Hastings Petition .... 335, 330 
 Hately v. James . . 340, 343, 348 
 
 Hawkins, Dawes v 120 
 
 Hayward v. Scott 317 
 
 Hazeldine, Stannancught v. . . 278 
 
 PAGE 
 
 Heath v. Brewer 391 
 
 Henderson, James v 291 
 
 Herbert v. Gardner . . . 334, 335 
 
 Hereford Petition 316 
 
 Herefordshire JJ., Rex v. . . 239 
 
 Hermann v. Seneschal . . . 391 
 
 Heron, Mackay v 334 
 
 Heslop, Blunt v 240 
 
 Hexham Petition 348 
 
 Hibbert, Cobbett t\ . . . 196,335 
 
 Higgon, Young v 239, 241 
 
 Higgs, Doe d. v. Cockell ... 25 
 
 v. Terry ... 25 
 
 Hiley, Jackson, Doe d. v. . . 25 
 Hill," Metropolitan Asylum Dis- 
 trict (managers) v 16 
 
 . v. Peel (L. R. 5 C. P.) . . 349 
 
 v. (1 O'M. & H.) . 333, 335 
 
 Hind v. Edward 306 
 
 Hingley v. Sheridan .... 306 
 
 Hobbs, Doe d. v. Cockell ... 25 
 
 Holford, Overton v 313 
 
 Holme v. Guy 132 
 
 Home, McLaren v. (1880) . . 275 
 
 . , v. (1881) . . 349 
 
 Hooper, Lacon v 238 
 
 Hopper, Smith v 391 
 
 Hornby, Potter v 334 
 
 Hornsea (inhabitants), Reg. v. . 120 
 
 Horsham Petition 336 
 
 Howard, 'Ackers, or Akers, v. 
 (16 Q. B. D.) . . . . 275, 276 
 
 , v. 
 
 (4 O'M. & H.) 306 
 
 Howse v. Turner 307 
 
 Hudson, Fletcher v 209 
 
 Hudspeth v. Clayton . 333, 348, 349 
 
 Hughes v. Meyrick .... 349 
 
 Hull Petition 309 
 
 Hulme, Reg. v 329 
 
 Hulton, Worthington v. . . . 103 
 
 Hunnings v. Williamson . . . 199 
 
 Hunt v. Wimbledon (local board) 15 
 
 Hurst, Aldridge v. (1 C. P. D.) . 313 
 
 , v. (3 O'M. & H.) 336 
 
 Huskinson, Poole v Ill 
 
 Huth v. Clarke 217 
 
 Hutton, Johns v 334, 335 
 
 Imperial Gas, etc., Company, 
 
 Church v 14 
 
 Ingram, Malcolm ». (2 O'M. & H.) 335 
 , v. (43 L. J. 
 
 C. P.) 306,335 
 
 ■ , Tunnard v 335 
 
 Ipswich Petition 306 
 
 Ireland, Reg. v 196 
 
 Isaacson v. Durant (1886) (4 O'M. 
 
 & H.) 276, 289, 334, 336, 343, 348 
 v. (1886) (17 Q. 
 
 B. D.) 318 
 
 v. Durant (1892) . . 340
 
 Table of Cases. 
 
 PAGE 
 
 Isaacson, Rushmore v. (L. R. [1 893] 
 
 1 Q. B.) 316 
 
 , t>.(40'M.&H.) 343 
 
 Jackson, Doe d. v. Hiley ... 25 
 James, Hately v. . . 340, 343, 348 
 
 v. Henderson .... 291 
 
 , Marshall v 316 
 
 , Pickering v. . . 276, 280 
 
 v. Thompson .... 335 
 
 , Waygoodr 307 
 
 Jarvis v. Dean Ill 
 
 Jersey (Lord) v. Uxbridge (rural 
 
 sanitary authority) . . .103 
 
 Jobson, Agnew v 391 
 
 Johns v. Hutton .... 334, 335 
 
 Johnson, Jones v 103 
 
 Jolliffe, Stowe v. (No. 1) . . 289, 291 
 
 , v. (No. 2). .191,317 
 
 , Tomkins v 198 
 
 Jones v. Johnson 103 
 
 , Kingston-upon-Hull (local 
 
 board) v 112 
 
 v. Pickering. . . . 276,280 
 
 , Underwood v 23 
 
 v. Williams .... 128, 129 
 
 Judge, Selmes v 391 
 
 Kay, Woolley v 200 
 
 Kennard, Moore v. (10 Q. B. D.) . 319 
 
 ,(4 0'M. &H.) 335 
 
 Kennington Petition . . . 348, 349 
 Kent (county council), Be . . 237 
 Kerr v. Wilkie. .... 263 
 Kesteven (county council), Cur- 
 tis v 159 
 
 Kidderminster Petition . . . 308 
 
 (mayor, etc.) v. 
 
 Hardwick 15 
 
 King, Chamberlain v 391 
 
 Kinglake, Westropp v. 316 
 Kingston-upon-Hull (local board) 
 
 Burland v 103 
 
 v. Jones 112 
 
 Kirby v. Simpson 391 
 
 Kirk v. Callan 333 
 
 Knight3, Gouldsworth v. . . . 25 
 
 Knott, Reg. v 225 
 
 Knox v. Munster 334 
 
 Lacon v. Hooper 238 
 
 Lamprellv. Billericay (guardians) 15 
 Lancashire (justices), Reg. v. . 39 
 
 , Swift v. . 39 
 
 Lancaster (town clerk), Mashiter 
 
 v 196 
 
 Lankester, Le Feuvre v. . . 198, 199 
 Latimer v. Bates .... 317, 335 
 
 Lauder, Reg. v 240 
 
 Launceston Petition (L. R. 9 
 
 C. P.) 318 
 
 Launcestou Petition (2 O'M. & H.) 336 
 Laverton v. Phipps (18(59) . 334, 335 
 
 (1880), . . 317 
 
 Lawson v. Chester-Master (L. R. 
 
 [1893] 1 Q. B.) 311 
 
 O'M. & H.) 276 
 
 Leach, Yates v 308 
 
 Leamington (mayor, etc.), Young 
 
 v 14,15 
 
 Leatham, Reg. v 329 
 
 Le Feuvre v. Lankester . . 198, 199 
 
 Lenanton, Ex parte .... 343 
 
 Lenham v. Barber 316 
 
 Lester v. Garland 239 
 
 Lewin, Attorney-General v. . 26 
 
 Lewis v. Carr 203 
 
 , McCarthy v 318 
 
 Lichfield Petition . . 306, 334, 335 
 (corporation), Attorney- 
 General v 103 
 
 Liffen v. Pitcher 239 
 
 Linford, Reg. v 227 
 
 Lings, Chorlton v 5 
 
 Liverpool Corporation, Be . . 148 
 
 Lloyd, Rex v Ill 
 
 Local Government Board, Reg. v. 186 
 
 London County Council, Reg. v.. 244 
 
 (school board), Cony- 
 
 beare v 196 
 
 (guardians), Wadding- 
 ton v 103 
 
 , Brighton & South Coast 
 
 Rly. Co. v. Truman. ... 16 
 
 Londonderry Petition (18G9). . 336 
 
 (1886). . 318 
 
 Longbottom, Nell v. . . . 200, 201 
 
 Longford Petition 334 
 
 Lorant, Scadding v 263 
 
 Lordsmere (inhabitants), Reg. v. 112 
 
 Louth Petition (1880) ... 333 
 
 (1894) . . 200, 201 
 
 Lovering v. Dawson (No. 1) . . 30S 
 
 (No. 2) . . 314 
 
 Lowley, Clark v 319 
 
 , Maude v 316,319 
 
 Loxdale, Rex v 20 
 
 Mablethorpe (churchwardens, etc.). 
 
 Sharpley v 
 
 McArthur, Sykes v. 276, 2S9, 343, 
 Macartney v. Castlereagh 
 McCannon v. Sinclair . 
 McCarthy v. Lewis 
 McClintock v. Whitworth 
 M'Clure, M'Tier v. . . 
 McGovern v. St. Lawrence 
 M'Gowan v. Dowse 
 Mackay v. Heron . 
 MacLaren v. Home (1880) 
 
 v. (1881) . 
 
 McMullin, Unwin v. 
 
 o'oi), 
 
 17S 
 348 
 334 
 1S3 
 31& 
 306 
 336 
 334 
 336 
 334 
 275 
 349 
 312 
 
 b 2
 
 XX 
 
 Tabic of Cases. 
 
 PAGE 
 
 MTier v. M'Cluro . . . 335, 336 
 Madeley (inhabitants) Reg. v. . 183 
 Magarrill v. Whitehaven (over- 
 seers) 196 
 
 Mahony v. Davitt . . . . 334 
 
 Maidenhead Municipal Petition 
 
 (No. 1) 308 
 
 (No. 2) 314 
 
 (mayor, etc.), Reg. v. 
 
 310, 319 
 Malcolm v. Ingram (2 O'M. & H.) 335 
 
 v. (43 L. J. C. P.) 
 
 306, 335 
 
 v. Parry 335 
 
 Mallam v. Bean 313 
 
 Mallow Petition 334 
 
 Manchester Petition .... 198 
 
 Mansell, Banks v 12 
 
 Mansel Jones, Reg. v. ... 357 
 
 Marriott, Re£. v 211 
 
 Marshall v. James .... 316 
 
 Martin, Reg. v 227 
 
 Mashiter v. Dunn, or Lancaster 
 
 (town clerk) 196 
 
 Mason, Clementson v. 2S7, 290, 293 
 
 Master, Reg. v 227 
 
 Maude v. Lowley . . . .316,319 
 
 Maxse, Cnbitt v Ill 
 
 Meller, Chawner v. 306, 335 
 
 , v. Cox 317, 336 
 
 Mersey Docks & Harbour Board 
 
 Trustees v. Gibbs .... 16 
 Methley (overseers), Burnley v. . 211 
 Metropolitan Asylum District 
 (managers) a. Hill .... 16 
 
 Meyrick, Hughes v 349 
 
 Michell, Goodday v 183 
 
 Middlesex (justices), Reg. v. 
 
 (1843) 241 
 
 • , v. 
 
 (1845) 239,240 
 
 Midville (inhabitants), Reg. v. . 112 
 
 Milnes v. Bale 325 
 
 Mitchel, Morton v 314 
 
 Mitchell v. Foster .... 239 
 
 Montague, Rex v 120 
 
 Montgomery Petition .... 348 
 Moore v. Keunard (10 Q. B. D.). 319 
 
 , v. (4 O'M. & H.) . 335 
 
 Morice v. Durham (Bishop) . . 128 
 
 Morton v. Galway 314 
 
 v. Mitchel 314 
 
 Reg. v 307 
 
 Moss, Hardwick v 391 
 
 Munro v. Balfour 316 
 
 Munster, Knox v 334 
 
 Munt, Rumball v 26 
 
 Musson, Reg. v 180 
 
 Mytton v. Thomburv (overseers), 
 or Reg. v. . .' . . . .183 
 
 VAQE 
 Nantwich (inhabitants), Rex v. . 25 
 
 Naoroji, Penton v 336 
 
 Neate, Alderman v 25 
 
 Nell v. Longbottom . . . 200, 201 
 
 Nethery, Boyd v 239 
 
 Newcastle, etc., Waterworks^Co., 
 
 Atkinson v 17 
 
 New Forest (highway board), 
 
 Eyre v Ill, 125 
 
 Nicholln, Ex parte . . 26, 13G, 237 
 Nicholson v. Bradfield (guar- 
 dians) 14 
 
 -v. Field 200 
 
 Nield v. Batty 316 
 
 Nolan, Trench v. (2 O'M. & H.) 
 
 306, 334 
 
 , v. (7 It. R. C. L.) 349 
 
 Northallerton Petition . . 334, 335 
 North Bierley (guardians), 
 
 Haigh v 14 
 
 Northcoto v. Pulsford ... 281 
 North Curry (inhabitants), Reg v. 8 
 
 Durham Petition (Burdon 
 
 v. Bell 306 
 
 (Glaholm 
 
 v. Elliott) 313 
 
 (Picker- 
 ing v. Palmer 313 
 
 M.-ath Petition ... 334 
 
 Norfolk Petition 317, 333, 334 
 
 Northowram & Clayton (Rate- 
 payers), Reg. v 186 
 
 Norton v. Webster .... 47 
 Norwich Petition (1 O'M. & H.) . 317 
 
 ■ (L. R. 5 C. P.) 349 
 
 — (4 O'M. & H.) . 333 
 
 (mayor), Reg. v. . 16 
 
 Norwood ' overseers) v. Salter . 30 
 Nottingham Petition .... 306 
 Nutton v. Wilson 199 
 
 Ogden v. Sidcbottom .... 333 
 
 Oldham Petition .... 196, 335 
 
 Onslow, Elkins v 334 
 
 Orchard, Roberts v 391 
 
 Ormerod v. Chadwick . . . 211 
 
 v. Cross 335 
 
 Osbnrne, Condon v 336 
 
 Overton v. Holford .... 313 
 
 Oxford Petition 335 
 
 Packard v. Collings .... 306 
 
 Pa^liiim (overseers ), Grant v. . 337 
 
 Paine v. Strand (guardians) . . 15 
 
 Palmer, Pickering v 313 
 
 Park, Harmon v 308 
 
 Parry, Malcolm v 335 
 
 Pascoe v. Puleston 313 
 
 Paul (inhabitants), Reg. v. . . 120 
 
 Peacock v. Reg 241 
 
 Pease v. Norwood 309 
 
 , Rex v 17
 
 Tabic of Cases. 
 
 XXI 
 
 PAGE 
 
 Peel, Hill v. (L. R. 5 C. P.) . . 349 
 
 v. (1 O'M & H.) . 333, 335 
 
 Pegler v. Gurney (18G9) ... 309 
 
 v. (1870) ... 349 
 
 Pembroke Petition .... 349 
 Penrhyn Petition .... 335, 349 
 
 Penton v. Naoroji 336 
 
 Perry, Ex parte 343 
 
 Petersfield Petition (No. 1) . 2S9, 291 
 
 (No. 2) . 191,317 
 Phelps v. Upton Snodbury (high- 
 way board) 15 
 
 Phillips v. Goff 275 
 
 Phipps, Laverton v. (1869) . 334, 335 
 
 , v. (1880) . . 317 
 
 Pickering v. James, or Jones 276, 280 
 
 v. Palmer .... 313 
 
 Pitcher, Liffen v 239 
 
 Plymouth Petition . . . 317, 335 
 
 Points v. Attwood 23 
 
 Pontefract Petition (L. R. [1893] 
 
 1 Q. B. 779) 316, 328 
 
 (L. R. [1893] 
 
 2 Q. B. 59) 312 
 
 (4 0'M.&H.) 340 
 
 Pontypool (justices), Reg. v. . 39 
 Poole (mayor, etc.), Arnold v. . 14 
 
 v. Huskinson . . . . Ill 
 
 (mayor), Reg. v. ... 115 
 
 Poor Law Commissioners, Reg. v. 23 
 
 Potter v. Hornby 334 
 
 Powell v. Guest 9 
 
 Poynder, Rex v 20, 21 
 
 Preece v. Harding 357 
 
 , Reg. v 299 
 
 Prest, Reg. v 16 
 
 v. Royston (guardians) . 227 
 
 Price, Collins v 311 
 
 Pritchard v. Bangor (mayor, etc.) 276 
 Pryce-Jones, George v. 348 
 
 Puleston, Pascoe v 313 
 
 Pulsford, Northcote v. . . . 281 
 Pye, Ford v. ..'... . 10 
 
 Radcliffe v. Bartholomew . . 240 
 
 Railway Sleepers Supply Co., Be 240 
 
 Rawlins, Reg. v 202 
 
 Read, Freeman »..-'. . . . 240 
 
 , Reg. v 103 
 
 , Townsend v 120 
 
 Reed, Reg. v 105 
 
 , Woods v 103 
 
 Ready, Simpson v 200 
 
 Reckitt, Shaw v. (L. R. [18931 
 
 1 Q. B. 779) 316, 328 
 
 ■ -, ■ v. (L. R. [1893] 
 
 2 Q. B. 59) 312 
 
 , v. (4 O'M & H.) . 340 
 
 Redmond, Cox v 340 
 
 Richardson Gardner v. Eykin . 335 
 Riche, Ashbury Railway Carri- 
 age, etc., Co. v 13 
 
 PAGE 
 
 Riley, or Ripley, Reg. v. . . 348 
 
 Rippon, Reg. v 301 
 
 Roberts, Goldsmid v 336 
 
 v. Orchard .... 391 
 
 Robertson, Fishmongers' Co. v. . 15 
 
 Robinson, Britt v 336 
 
 v. Waddington ... 240 
 
 Robson, Ex parte 343 
 
 Rochester Petition . 333, 343, 348 
 
 Rothschild, Charsley v. . . 333, 335 
 
 Rowley, Reg. v. 301 
 
 Royse v. Birley ..... 198 
 
 Royston (guardians), Prest v. . 227 
 
 Rudgard, Charlesworth v. . . 203 
 
 Rumball v. Munt 26 
 
 Rushmore v. Isaacson (L. R. [1893] 
 
 1 Q. B.) 316 
 
 v. (40'M.&H.) 343 
 
 Russell, Bryson v 391 
 
 St. George's Hanover Square 
 (overseers), Bond v. ... 9, 10 
 
 (inhabitants), Rex v. . . . 115 
 St. Lawrence, McGovern v. . . 334 
 St. Mary Abbot (overseers), Tay- 
 lor v 9 
 
 St. Neots (guardians), Sanders v. 14 
 St. Nicholas, Deptford (church- 
 wardens, etc.) v. Sketchley . 25, 26 
 St. Pancras (guardians), Dyte v. 15 
 St. Peter, etc. (burial board), 
 
 Reg. v 70 
 
 Salford Petition 317 
 
 Salisbury Petition (10 Q. B. D.). 319 
 
 (4 O'M. &H.) 335 
 
 Salop (county council), Be . . 237 
 Saltash (mayor), Goodman v. . 128 
 Salter, Norwood (overseers) v. . 30 
 Samuelson, Gardner v. 335 
 
 Sanders v. St. Neots (guardians) 14 
 Sandhurst, Beresford Hope v. 151,312, 
 
 318 
 
 Sandwich Petition .... 336 
 
 Sarsons, Woodward v.. . . 275, 280, 
 
 288, 306 
 
 Saunders, Futcher v 300 
 
 Scadding v. Lorant .... 263 
 Schneider v. Duncan . . - 341 
 
 Scott v. Clifton (school board) . 15 
 
 , Hargreaves v 349 
 
 , Hayward v 317 
 
 Seeley, Toer v 306 
 
 Selmes v. Judge 391 
 
 Seneschal, Hermann v. . 391 
 
 Sharplcyv.Mablethorpe (church- 
 wardens, etc.), or Reg. v. . . 178 
 Shaw v. Reckitt (L. R. [1893] 
 
 1 Q. B. 779) 316, 328 
 
 „. (L. R. [1893] 
 
 2Q. B. 59) 312 
 
 v , (4 O'M. & HO. _ 340
 
 XX11 
 
 Table of Cases. 
 
 PAGE 
 
 Sheffield (inhabitants), Rex v. . 112 
 
 Shellard, Reg. v 348 
 
 Shepley, Reg. v 23 
 
 Sheridan, Hingley v 306 
 
 Shiel v. Ennis 336 
 
 Shipley, Reg. v 23 
 
 Shropshire (justices), Reg. v. . 239 
 
 Siblv, Reg. v 102 
 
 Sidebottom, Ogden v 333 
 
 Simpkin, Ex parte 241 
 
 Simpson, Kirby v 391 
 
 - v. Ready 200 
 
 v. Yeend 336 
 
 Sinclair, McCannon v. ... 183 
 Sketchley, St. Nicholas, Deptford 
 
 (churchwardens, etc.) v. . .25,26 
 Skingley v. Surridge .... 23 
 Slade, Cooper v. . . . ' . 334, 335 
 Smart v. West Ham (guardians) 
 
 14, 15 
 
 Smith r. Adkins 25 
 
 , Barlow v 11 
 
 , Beale v 316 
 
 , Chambers v 240 
 
 v. Hopper 391 
 
 Smyth v. Darley 263 
 
 Southampton Petition (1869) . 309 
 
 (1870) . 349 
 
 South Meath Petition ... 334 
 
 Salop Election, Be. . . 343 
 
 Spittall v. Brook 11 
 
 Spurrell, Reg. v 20 
 
 Stafford Petition .... 306, 335 
 Staffordshire (chairman of quar- 
 ter sessions), Ex parte . . . 236 
 Staleybridge Petition .... 333 
 Standard Hill (inhabitants), Rex v. 22 
 Stannanought v. Hazeldiue . . 278 
 
 Stanton, Baynes v 335 
 
 Stark, Allason v 26 
 
 Stepney Petition (1886) (4 O'M. 
 &H). . . . 276,289,334,336, 
 343, 348 
 
 ,17Q.B.D. 318 
 
 (1892) ... 340 
 
 Stickney, Harrison v. ... 103 
 
 Storey v. Forster 306 
 
 Stowe v. Joliffe (No. 1) . . 289, 291 
 
 (No. 2) . . 191,317 
 
 Stracey, Tillett v. (L. R. 5 C. P.) 349 
 
 (1 O'M. & H.) 317 
 
 Strand District (board of works) 
 
 Reg. v 183 
 
 (guardians), Paine v. . . 15 
 
 Street, Reg. v 225 
 
 Stroud Petition 335 
 
 Stroulger, Reg. v 327 
 
 Stubbs, Rex v. 20 
 
 Sturge v. Glass 317, 333 
 
 Sudbury (burial board), Reg. v. . 70 
 Suffolk (justices), Reg. v.. . . 39 
 Surrey (justices), Reg. v. . 39 
 
 PAGE 
 
 Surridge, Skingley v 23 
 
 Sussex (justices), Rex v. . 39 
 
 Swansea (mayor, etc.), Davies v. 391 
 Swift v. Lancashire (justices) . 39 
 Sykes v. McArthur 276, 289, 343, 348 
 
 Taff Vale Rly. Co., Vaughan v. . 16 
 Tamworth Petition (L. R. 5 C. P.) 349 
 
 (2 O'M. & H.) 
 
 333, 335 
 (mayor, etc.), 
 
 Reg. v 102 
 
 Tanner v. Carter or Castor . . 12 
 Taunton Petition (1869) (1 O'M. 
 
 &H.) 317,336 
 
 (L. R. 
 
 4C. P.) 307 
 
 (1S74) ... 316 
 
 Taylor v. Devey 183 
 
 v. St. Mary Abbott 
 
 (overseers) 9 
 
 Tenby (mayor), Williams v. . . 309 
 Terry, Doe d. Higgs v. 25 
 
 Tewkesbury Petition ... .311 
 
 (mayor, etc.), Reg. v. 318 
 
 Thomas, Ex parte 343 
 
 , Regu 112 
 
 , Whithorn v 9 
 
 Thompson, James v 335 
 
 Thornbury Petition (16 Q. B. D.) 
 
 275, 276 
 
 (4 0'M.&H.) 306 
 
 (overseers), Mytton v. 183 
 
 Tillett v. Stracy (L. R. 5 C. P.). 349 
 
 v. (1 01. & H.) . 317 
 
 Tipperarv Petition (9 Ir. C. L.) . 314 
 
 : (2 0'M&H.) 334 
 
 Toer v. Seeley 306 
 
 Tomkins v. Jolliffe .... 198 
 Tomline v. Tyler .... 317, 336 
 Townsend v. Read .... 120 
 
 Towsey v. White 199 
 
 Tozer v. Child. ! ... . . 280 
 Trench v. Nolan (2 O'M. & H.) 
 
 306, 334 
 
 (7 Ir. R. C. L.) . 349 
 
 Trevor, Trotter v 196 
 
 Trotter v. Trevor 196 
 
 Truman, London, Brighton & 
 
 South Coast Rly. Co. v. . . 16 
 Truscott v. Bevan. . , . .312,335 
 
 Tugwell, Reg. v 318 
 
 (churchwardens, etc.), 
 
 Viner v 71 
 
 Tunbridge (overseers), Reg. v. . 71 
 Tunnard v. Ingram .... 335 
 
 Turner, Howes v 307 
 
 Tyler, Tomline v 317, 336 
 
 Underwood v. Jones .... 23 
 United Kingdom Electric Tele- 
 graph Co., Reg. v 159
 
 Table of Cases. 
 
 XXlll 
 
 Unwin v. McMullen . . . .312 
 Upton Snodbury (highway board), 
 
 Phelps v 15 
 
 Uxbridge (rural sanitary autho- 
 rity), Jersey (Lord) v. . . . 103 
 
 Vaughanv. Taff Vale Ely. Co. . 16 
 
 Vickars, Dilke v 333 
 
 Viner v. Tunbridge (churchwar- 
 dens, etc.) 71 
 
 Waddington v. London (Guard- 
 ians) 103 
 
 , Robinson v.. . . 240 
 
 "Wait, Guise v 334 
 
 "Walcot (overseers), Reg. v. . 70 
 
 , St. Swithin (overseers) 
 
 Reg. v 71 
 
 Walker, Ex parte 343 
 
 Wallingford Petition (1869) . . 333 
 
 (1880) . . 319 
 
 Wallond, Clark v 316, 319 
 
 Walpole, Column v. . 317, 333, 334 
 Walsall Petition . . 340,343,348 
 
 Ward, Cook v 217 
 
 Warren, Line v 307 
 
 Wateiford Petition .... 336 
 Watts, Bournemouth (Com- 
 missioners) v 16 
 
 Waygood v. James .... 307 
 
 Webster, Norton v 47 
 
 Welchpool (mayor, etc.), Reg. v. . 203 
 301, 307 
 
 Wells v. Wren 319 
 
 Wescomb's Case 11 
 
 West v. Andrews 199 
 
 , Haigh v 26 
 
 Ham (guardians), Smart v. . 14, 
 
 15 
 Westbury Petition (1869) . 334,335 
 (1880). . . 317 
 
 PAGE 
 
 Westropp v. Kinglako . . . . 316 
 Weygood v. James .... 307 
 
 Whipp, Reg. v 210 
 
 White, Reg. v 102 
 
 , Towsey v 199 
 
 Whitehaven (overseers), Ma- 
 
 garrill v 106 
 
 Whithorn v. Thomas .... 9 
 Whitworth, McClintock v. . . 306 
 Wigan (mayor, etc.), Reg. v. . . 300 
 
 Wilkie, Kerr v 263 
 
 Wilks, Ex parte 343 
 
 Williams, Jones v. . . . 128, 129 
 
 v. Tenby (mayor) . . 309 
 
 Williamson, Hunniugs v. . 199 
 
 Wilson, Nutton v 199 
 
 Wimbledon (local board), Hunt v. 15 
 Windsor Petition .... 334, 335 
 Woodlock v. Guiness .... 335 
 
 Woods v. Reed 103 
 
 Woodward v. Sarsons. 275, 280, 288, 
 
 306 
 
 Woolley v. Kay 200 
 
 Worcestershire (justices), Reg. v. 211 
 Worthington v. Hulton . . . 103 
 
 Wren, Wells v 319 
 
 Wright, Reg. v 70 
 
 Yates v. Leach 308 
 
 Yeend, Simpson v 336 
 
 Yorkshire (justices), Rex v. . . 39 
 
 , Rex v. . 25, 240 
 
 Young, Cuthbertson v. . . .120 
 
 «. Higgon .... 239, 241 
 
 ■ v. Leamington (mayor, 
 
 etc.) 14, 15 
 
 Youngjohns v. Grant .... 308 
 Ystradgynlais Commutation, Re 183 
 
 Zouch v. Empsey 239
 
 ( XXV ) 
 
 INTRODUCTION. 
 
 Genekal Scheme of the Act. 
 
 Preliminary. — The Local Government Act, 1894, 
 though it incidentally amends the substantive pro- 
 visions of the law relating to local government in some 
 important particulars, is chiefly concerned with the 
 authorities by whom the law is to be administered. 
 
 The main purposes the Act effects in the latter 
 l-espect are : — 
 
 The establishment of parish councils and parish 
 meetings for the government of rural parishes — 
 parishes, that is, whether popularly speaking of a 
 rural character or not, that are comprised in rural 
 sanitary districts : 
 
 The substitution of rural district councils for rural 
 sanitary authorities : 
 
 The reform of urban sanitary authorities, other 
 than councils of municipal boroughs, and their trans- 
 formation into urban district councils : 
 The reform of boards of guardians : 
 The reform of metropolitan vestries and the local 
 board of Woolwich, and, to a very limited extent, of 
 metropolitan district boards of works : 
 
 The abolition, sooner or later, of the independent 
 highway authorities, which exist in rural districts, 
 and the transfer of their functions to the rural 
 district councils : 
 
 The abolition in rural parishes, in most cases^ of 
 separate authorities under the " adoptive Acts "—i.e., 
 of burial boards ; boards of commissioners under the 
 Baths and Washhouses Acts, the Public Libraries 
 Act, and the Public Improvement Act ; and lighting 
 and watching inspectors — and the transfer of their 
 functions to the parish councils : 
 
 The adjustment of areas of local government in 
 such a way as to diminish the inconveniences 
 arising from intersecting boundaries. 
 The most important provisions of the Act of a sub-
 
 xxvi Introduction. 
 
 stantive character are probably those relating to allot- 
 ments and to parochial charities. 
 
 Elections. — The authorities to be elected under the Act 
 — parish councils, district councils other than borough 
 councils, boards of guardians, metropolitan vestries and 
 the local board of Woolwich — will all be elected on the 
 same franchise ; and in each case the election will, in 
 case of a contest, be conducted by ballot on the lines 
 of an election of borough councillors. 1 
 
 Parochial electors. — At all elections under the Act the 
 voters are to be the persons registered as " parochial 
 electors," in respect of qualifications within the area l'or 
 which the election is held. 2 
 
 The register of parochial electors for a parish will con- 
 sist of such portions of the parliamentary register of 
 electors and of the local government register of electors 
 as contain the names of persons registered in respect of 
 qualifications within the parish, taken together. The 
 Act amends the law relating to the registration of electors 
 so far as is necessary to give effect to this provision in 
 the case of persons possessing qualifications in more 
 parishes than one, and in the case of persons registered 
 as ownership voters for a county in respect of a qualifica- 
 tion within a parliamentary borough. 3 And it is pro- 
 vided that, for the purposes of the Act, marriage shall 
 not disqualify a woman for being registered as a local 
 government elector, or for being an elector of any local 
 authority. Husband and wife, however, are not both to 
 be qualified in respect of the same property. 4 
 
 The practical result of these arrangements is, putting 
 it broadly, that (with the exception of the few persons 
 registered as parliamentary electors in respect of " re- 
 served rights," and not possessing any other qualifica- 
 tion) every person who has a vote at elections of members 
 of Parliament, or of borough or county councillors, will 
 be a parochial elector, and have a vote accordingly at 
 elections under the Local Government Act, 1894 ; and 
 further, that a married woman possessing a qualification 
 apart from her husband which, if she were single, would 
 entitle her to vote at an election of members of a borough 
 or county council, will be entitled to be put on the 
 register and to vote as a parochial elector. 
 
 First elections. — The first elections under the Act are 
 
 (1) Sects. 2 (2, 5), 3 (5, 6). 20 (3, (3), 24 (4), 31 (1), 75 (2). 
 4, 5), 23 (3, 4, 5), 24 (4), 30, 31 (1), (3) Sect. 44. 
 
 48 (4) Sect. 43. 
 
 (2) Sects. 2 (1), 3 (5), 20 (3), 23
 
 Introduction. xxvii 
 
 to take place on the 8th November, 1894, or on such 
 later date or dates in the year 1894 as the Local Govern- 
 ment Board may fix, and the persons then elected will 
 come into office shortly after their election. 1 
 
 Anointed day. — Many of the provisions of the Act are 
 to operate as from the " appointed day." The expression 
 " appointed day " is somewhat elaborately defined ; but 
 in general it means either the day on which the first 
 elections under the Act will be held or the day upon 
 which the persons then elected will come into office. 2 
 
 New and Keformed Authorities. 
 
 Parish meetings and parish councils. — The Act 
 establishes a " parish meeting " for every rural parish ; 
 that is, as has been stated, for every parish in a rural 
 sanitary district. 3 
 
 A parish meeting will be in effect a reformed vestry, 
 at which every man or woman registered as a parochial 
 elector for the parish will be entitled to attend and vote. 4 
 
 Inasmuch as some misapprehension is believed to exist 
 on the point, it may be well to insist at once on the fact 
 that the expression " parish " is used in the Act as 
 meaning a parish for poor law purposes, or, in other 
 words, practically a place, whether it is called a parish, 
 or a township, or by any other name, which has inde- 
 pendent overseers. 5 
 
 Where a parish was, at the passing of the Act, situate 
 partly within and partly without a rural sanitary district, 
 it will, subject to any arrangements made by the county 
 council in the meantime, be subdivided when the time 
 comes for holding the first parish meeting, and the part 
 in the rural sanitary district will become an independent 
 parish for poor law purposes, and have its parish meeting 
 accordingly. 6 
 
 The first parish meeting for a parish will be convened 
 by the overseers, and will be held on the 8th November, 
 1894, or on such later date in 1894 as the Local Govern- 
 ment Board may fix. 7 
 
 The provisions of the Act with regard to the establish- 
 ment of parish councils are of a somewhat more compli- 
 cated nature. 
 
 In the first instance, a parish council will be elected, 
 
 (1) Sect. 84. (5) See further, p. 177. 
 
 (2) Sect. 84 (4). (6) Sect. 1 (3). 
 
 (3) Sect. 1. (7) Sects. 78 (1), 84. 
 
 (4) Sects. 2, 44 (1).
 
 xxviii Introduction. 
 
 on the 8th November, 1894, or such later date in 1894 as 
 the Local Government Board may fix, for every rural 
 parish with a population, according to the census of 
 1891, of 300 or upwards. 1 And in the first instance 
 there will be no parish council for any parish with less 
 population. 2 
 
 The initial simplicity of this arrangement may, how- 
 ever, after the parish meetings come into being, be 
 modified in two ways : — 
 
 In the first place a separate parish council may, upon 
 the application of the parish meeting, be established, by 
 order of the county council, for a parish with a population 
 of less than 300. If the parish has a population, accord- 
 ing to the census of 1891, of 100 or upwards, the parish 
 meeting will be entitled to demand the establishment of 
 a parish council. But if the parish has a population 
 below 100, it will be in the discretion of the county 
 council to accede to the application or not. 3 
 
 Secondly, the Act provides that two or more rural 
 parishes, irrespectively altogether of their population, 
 may be formed into a " group " of parishes under a single 
 parish council. Parishes are, however, not to be grouped 
 without the consent of the parish meeting of each parish, 
 and, notwithstanding that parishes are grouped, there 
 will be a parish meeting for each parish in the group. 4 
 
 It will be seen, therefore, that the Act provides three 
 distinct systems for the government of a rural parish : 
 1st. The parish may have a separate parish council. 
 2nd. The parish mav not be under a parish council at 
 
 all. 
 3rd. The parish may be grouped with some other parish 
 or parishes under a common parish council. _ 
 • Where parishes are grouped, the respective functions 
 of the parish council of the group, and of the parish 
 meetings of the several parishes in the group, in any 
 particular instance, will depend so largely on the pro- 
 visions of the grouping order that any attempt to discuss 
 the case in a systematic way would be useless.* The 
 ensuing account of the constitution and functions of 
 parish meetings and parish councils is therefore confined 
 
 (1) Sect. 1 ; aud see, as to the parish council for the parish, but 
 
 conclusiveness of the census of the district council will act as the 
 
 1891 as to population, sect. 75 (2). parish council for the parish: see 
 
 There is one exception to the sect. 36 (4). 
 general proposition in the text : — (2) See p. 146. 
 
 If the parish is co-extensive -with a (3) Sect. 1, and see sect. 38. 
 
 rural district, there will, in the first (4) lb. 
 
 instance, unless the county council (5) See p. 146. 
 
 otherwise direct, be no separate
 
 Introduction. xxix 
 
 to cases where a parish either has a separate parish 
 council or is not under a parish council at all. 
 
 In no case will there be a parish council for a parish 
 in an urban sanitary district, or in London. But the 
 Act empowers the Local Government Board to confer 
 any powers, duties and liabilities of a parish council 
 on the council of an urban district, or on some other 
 representative body within such a district ; and makes 
 similar provisions as regards county boroughs and 
 sanitary districts in London. 1 
 
 Constitution and powers of a parish meeting. — As has 
 already been stated, a parish meeting will be in the 
 nature of an open vestry at which every parochial elector 
 will be entitled to attend and vote. 2 
 
 In a parish with a separate parish council the chairman 
 of that council, if present at a parish meeting, is, unless 
 lie is a candidate for election at the meeting, to be the 
 chairman of the meeting. 3 In a parish not under a 
 parish council the parish meeting are to elect a chair- 
 man annually. 4 If the regular chairman of a parish 
 meeting is absent or unable or unwilling to act, the 
 parish meeting are empowered to elect a temporary 
 chairman. 5 
 
 The parish meeting for a parish not under a parish 
 council will have power to appoint a committee of their 
 own number for any purposes which they consider would 
 be better regulated and managed by means of such a 
 committee ; but all the acts of the committee are to be 
 submitted to the parish meeting for their approval. 6 
 
 Any question arising at a parish meeting is in the 
 first instance to be decided by a majority of those present 
 and voting on the question ; and the chairman is to 
 have a second or casting vote. Provisions are, however, 
 made under which a poll may be demanded. On 
 practically all the more important questions likely to 
 come before a parish meeting a single parochial elector 
 
 (1) Sect. 33. sponds to such an expression as 
 
 (2) The name "parish meeting" "local hoard" in the other to 
 is singularly ill-chosen and leads " meeting of a local hoard." Some- 
 to much confusion of language. times, it may be mentioned, this 
 At one moment the expression is difficulty of language is met in the 
 used to mean the parish meeting Act by the use of the expression 
 regarded in an abstract way as a "assembly of the parish meeting" 
 continuously existing authority ; instead of the expression " parish 
 and at another time the expres- meeting" in the latter sense. 
 
 sion means the actual meeting of (3) Sect. 45 (2). 
 
 the parochial electors who are (4) Sect. 19 ',1). 
 
 members of that authority. In (5) Schedule 1., Tart I. (10). 
 
 the one sense the expression corre- (0) Sect. 19 (3),
 
 xxx Introduction. 
 
 will have the right to demand a poll ; but on other 
 questions a poll is not to be taken unless the chairman 
 assents, or the poll is demanded by a number of parochial 
 electors not less than five, or one third of those present, 
 whichever number is least. 1 On all questions arising at 
 a parish meeting, whether a poll is taken or not, all the 
 parochial electors will have equal voting power. 2 
 
 Rules regulating the conduct of a poll consequent on 
 a parish meeting are to be framed by the Local Govern- 
 ment Board ; 3 but the Act provides that the poll shall 
 be taken by ballot, 4 and that the Ballot Act, subject to 
 modifications made by the rules, shall apply. 5 
 
 A parish meeting of any parish, whether there is a 
 parish council or not, will have among others the 
 following functions : — 
 
 They will have the power of adopting any of the 
 " adoptive Acts " — i.e., the Lighting and Watching 
 Act, the Baths and Washhouses Acts, the Burial 
 Acts, the Public Libraries Act and the Public 
 Improvement Act — and will have certain functions 
 in relation to the execution of such of these Acts as 
 may have been adopted in the parish. 6 
 
 They will have certain of the powers at present 
 vested in the owners and ratepayers of the parish 
 as to dealings with parish property, the spending of 
 money or the raising of a rate. 7 
 
 They will have the power at present vested in 
 certain electors in the parish of applying to the 
 Education Department for the formation or dissolu- 
 tion of a school board. 8 
 The parish meeting of a parish with a separate parish 
 council will in addition have, among others, the following 
 functions : — 
 
 They will exercise control over the parish council 
 as regards dealings with parish property, 9 the ex- 
 penditure of money, the raising of loans, 10 and the 
 supporting or opposing of a scheme relating to a 
 parochial charity. 11 
 
 They will have power to negative any resolution 
 of the parish council consenting to the stopping or 
 diversion of a public right of way or to a declaration 
 
 (1) Schedule I., Part I. (5, 6, (6) Sect. 7. 
 
 7, 8). (7) Sect. 52 (1). 
 
 (2) Sect. 2 (2). (8) Sect. 52 (2). 
 
 (3) Sect. 48 (8). (9) Sect. 8 (2). 
 
 (4) Sect. 2 (5). (10) Sect. 11. 
 
 (5) Sect. 48 (3, 8). (11) Sect. 14 (5).
 
 Introduction. xxxi 
 
 that a highway is unnecessary and not repairable at 
 public expense. 1 
 In a parish not under the jurisdiction of a parish 
 council — and it will be remembered that every rural 
 parish with a population under three hundred, according 
 to the census of 1891, will in the first instance be in this 
 position — the parish meeting, besides the functions 
 attaching to every parish meeting, will have, among 
 others, the following functions 2 : — 
 
 They will appoint the overseers, and have the 
 power of appointing and revoking the appointment 
 of assistant overseers. 3 
 
 They will discharge all the functions at present 
 attaching to the vestry, except so far as they relate 
 to the affairs of the church or to ecclesiastical 
 charities, and except, in some cases, the functions of 
 the vestry relating to highways. 4 
 
 They will have certain powers in relation to the 
 management of parish property. 5 
 
 They will have certain functions, in addition to 
 those vested in every parish meeting, in relation to 
 the adoptive Acts. 6 
 
 Their consent will be necessary to the stopping 
 or diversion of a public right of way or to a declara- 
 tion that a highway is unnecessary and not repairable 
 at public expense. 7 
 
 They will have power to make complaints to the 
 county council where a district council make default 
 in the discharge of their duties in relation to the 
 parish. 8 
 
 They will have certain functions in relation to 
 parochial charities. 9 
 Such a parish meeting may also have conferred on 
 them by the county council any of the powers conferred 
 on a parish council by the Act. 10 
 
 A parish meeting will not be a corporate body and 
 will therefore not be able to hold land. To meet the 
 difficulty thus arising, the Act provides that in every 
 rural parish not under a parish council, the chairman of 
 
 (1) Sect. 13. to sect. 13, pp. 115-117. 
 
 (2) The additional functions (5) Sect. 19 (6, 7). 
 
 attaching to the parish meeting of (6) See the uote to sect. 7, and 
 
 a parish not under a parish council sect. 53. 
 
 may be regarded as merely certain (7) Sect. 19 (8). 
 
 of the functions which, where there (8) lb. 
 
 is a parish council, attach to that (9) Sects. 14 (3), 19 (5) ; and see 
 
 council. post, p. liii. 
 
 (3) Sect. 19 (5). (10) Sect. 19 (10). 
 
 (4) Sect. 19 (4), and see the note
 
 xxxii Introduction. 
 
 the parish meeting and the overseers shall be a corpora- 
 tion with power to hold land for the purposes of the 
 parish, and shall in all respects act in manner directed 
 by the parish meeting ; and that the legal interest in 
 all property, which under the Act would, if there were a 
 parish council, be vested in that council on the appointed 
 day — i.e., on the coming into office of the parish council l 
 — shall vest in the chairman and overseers. 2 
 
 Constitution, foivers, &c, of 'parish council. — A parish 
 council will be a corporate body consisting of a chairman 
 and councillors. The number of the parish councillors 
 for a parish is to be determined by the county council, 
 but is not to be less than five, nor more than fifteen. The 
 parish councillors are to be elected, as has been stated, 
 by the parochial electors of the parish. The chairman is 
 to be elected by the councillors either from among their 
 own number or from outside. 3 
 
 An election of parish councillors is to be at a parish 
 meeting or at a poll consequent thereon.* Rules regulat- 
 ing the conduct of the election are to be framed by the 
 Local Government Board. The Act, however, expressly 
 provides that, where a poll is taken, the election shall 
 be by ballot ; and that the Ballot Act, and certain 
 other enactments relating to municipal elections shall, 
 subject to any modifications made by the rules, apply in 
 like manner as in the case of a municipal election. 5 
 
 In general, parish councillors will be elected at one 
 election for the whole parish, but a parish may be divided 
 by the county council into parish wards ; and in that 
 case, the parish councillors will be elected one or more for 
 each ward. 6 
 
 The first parish councillors will hold office till the 15th 
 April, 1896 ; but after that date, the term of office of a 
 parish councillor will be one year. 7 
 
 To be qualified for election to the office of parish 
 councillor, or of chairman of a parish council, a person 
 must either be a parochial elector of the parish, or must 
 have resided in the parish, or within three miles thereof, 
 during the whole of the twelve months preceding the 
 election. 8 There are certain disqualifications for member- 
 ship of a parish council, 9 but neither sex nor marriage 
 
 (1) See sect. S4 (4). (8) Sect. 3 (1). It seems proper 
 
 (2) Sect. 19 (tj, 7). to point out that residence in this 
 
 (3) Sect. 3. section means only residence in the 
 
 (4) Sect. 48 (1). eye of the law, and docs not mean 
 
 (5) Sects. 2 (2, 5), 3 (G), 48. unbroken physical residence : see 
 
 (6) Sect. 18. further, pp. 8-12. 
 
 (7) Sects. 3 (4), 7S (3). (0) Sec' _•..
 
 Introduction. xxxiii 
 
 will disqualify a woman for membership of a parish 
 council. 1 
 
 A parish council will have power to appoint committees 
 and to join with other authorities in the appointment of 
 joint committees. 2 They are either to appoint one of their 
 number to act as clerk without remuneration, or to have 
 a paid clerk. 3 And they may appoint a treasurer, but 
 without remuneration. 4 
 
 The following will be the more important powers and 
 duties of a parish council elected for a single rural 
 parish : — 
 
 They will appoint the overseers, and have the power 
 of appointing and revoking the appointment of assis- 
 tant overseers. 5 
 
 They will discharge all the functions at present 
 attaching to the vestry, except so far as they relate 
 to the affairs of the church or to ecclesiastical 
 charities ; and except also such functions of the 
 vestry as will attach to the parish meeting, and, in 
 some cases, those relating to highways. 6 
 
 They will discharge all the functions of the 
 churchwardens of the parish, except so far as they 
 relate to the affairs of the church, or to charities, 
 or are functions of overseers. 7 
 
 They will have certain of the powers and duties of 
 overseers. 8 
 
 They will have powers to hold and deal with parish 
 property. 9 
 
 They will in most cases act in the execution of 
 any of the adoptive Acts that may be in force in 
 their parish. 10 
 
 Their consent will be necessary to the stopping or 
 diversion of a public right of way, or to a declaration 
 that a highway is unnecessary and not repairable at 
 public expense. 11 
 
 They may have powers of the district council 
 delegated to them ; and it is provided that, if a 
 rural district council delegate powers to a parochial 
 committee, consisting partly of their own members 
 and partly of other persons, such other persons 
 shall be chosen from among the parish councillors. 1 ' 2 
 
 (1) Sect. 3 (2). (7) Sect. 6 (1, b). 
 
 (2) Sects. 56, 57. (8) Sect. 6 (1, c). 
 
 (3) Sects. 17, 81 (2). (9) Sects. 5 (2), 6 (1, c, d), 8 ,2). 
 
 (4) Sect. 17. (10) Sects. 7, 53. 
 
 (5) Sect. 5 (1). (11) Sect. 13. 
 (0) Sect. 6 (I, a); and see the (12) Sect. 15. 
 
 note to sect. 13, pp. 115-117.
 
 xxxiv Introduction. 
 
 They will have power to make complaints to the 
 county council where a district council make default 
 in the discharge of their duties in relation to the 
 parish. 1 
 
 They will also have functions as to allotments, 2 
 
 public buildings for parochial purposes, 3 recreation 
 
 grounds, village greens, public walks and open 
 
 spaces, 4 water supply, 5 nuisances, 6 the acquisition 
 
 of rights of way, 7 public footpaths, 8 commons, 9 and 
 
 charities. 10 
 
 Expenses of parish meeting. — In a parish with a separate 
 
 parish council the expenses of the parish meeting are to 
 
 be defrayed by the parish council. 11 
 
 In a parish not under a parish council the expenses of 
 a parish meeting are to be defrayed out of the poor rate, 
 and for the purpose of obtaining the necessary funds the 
 chairman will have power to issue precepts to the over- 
 seers. A rate levied for defraying the expenses of such 
 a parish meeting, when added to expenses under any of 
 the adoptive Acts, is not to exceed 6d. in the pound for 
 the year. 12 The accounts of such a parish meeting are 
 to be made up yearly in such form as the Local Govern- 
 ment Board prescribe, and are to be subject to audit by 
 the district auditors. 13 
 
 Expenses of parish councils. — The expenses of a parish 
 council, with some exceptions, are to be defrayed out 
 of the poor rate, and the council will obtain the 
 funds they require by the issue of precepts to the 
 overseers. 14 
 
 The council are not, without the consent of the parish 
 meeting, to incur any expense or liability which will 
 involve a rate for the year exceeding 3d. in the pound ; 
 or, without the consent of the parish meeting and the 
 approval of the county council, any expense which will 
 involve a loan. And the sum raised by a parish council 
 for the year to meet their expenses (other than expenses 
 under the adoptive Acts), is not to exceed a sum equal 
 to a rate of 6d. in the pound on the rateable value of the 
 parish at the commencement of the year. 15 
 
 The expenses of the parish council in carrying out any 
 
 (1) Sects. 9 (17), 16, 20. (9) Sect. 8 (1, 4). 
 
 (2) Sects. 6 (1 c, 3, 4), 9, 10. (10) Sect. 14, and see post, pp. 
 See further, p. lii. lii-liv. 
 
 (3) Sect. 8 (1). (11) Sect. 11. 
 
 (4) Sects, G (1, c), 8 (1). (12) Sects. 11, 19. 
 
 (5) Sect. 8 (1). (13) Sect. 58. 
 
 (6) lb. (14) Sect. 11. 
 
 (7) lb. (15) lb. 
 
 (8) Sect. 13 (2).
 
 Introduction. xxxv 
 
 of the adoptive Acts are to be defrayed in accordance 
 with the provisions of the Act or Acts in question. 1 
 
 The parish council will have power to borrow on the 
 credit of the rates with the consent of the county council 
 and of the Local Government Board, and the county 
 council are to have power to lend them money. 2 
 
 The accounts of a parish council are to be made up 
 yearly in such form as the Local Government Board 
 prescribe, and are to be subject to audit by the district 
 auditors. 3 
 
 District councils. — District councils will, as has been 
 indicated, be of two kinds — " urban district councils " 
 and " rural district councils." The areas under the 
 jurisdiction of district councils are termed in the Act 
 " urban districts " and " rural districts " respectively ; 
 and the expression " county district " is used as a generic 
 term for the area under the jurisdiction of any district 
 council. 
 
 Subject to any alterations of area that may be made, 
 the county districts will, in general, be merely existing 
 sanitary districts under a new name ; every urban sani- 
 tary district, other than a county borough, will become 
 an urban district ; and every rural sanitary district, 
 unless it extends into more counties than one, when 
 the special provisions applicable to the case will have 
 effect, will become a rural district. 4 
 
 An urban district council will practically be the urban 
 sanitary authority, differently elected, except in the case 
 of a borough, and under a new name. A rural district 
 council, on the other hand, will be a newly-created body 
 replacing the rural sanitary authority. 5 
 
 A rural district will be properly styled "the 
 
 district," and its district council, "the district 
 
 council." 6 And an urban district and its district 
 council will apparently, except in the case of a borough, 
 
 be styled " the urban district " and " the 
 
 urban district council." It is, however, provided that 
 the Act shall not alter the style or title of the cor- 
 poration or council of a borough. It seems, therefore, 
 that the full and correct designation of a municipal 
 corporation, other than the corporation of a county 
 borough, acting in what has hitherto been called their 
 sanitary capacity, will be " the mayor, aldermen, and 
 burgesses of the borough of , acting by the council 
 
 a) Sect. 7 (6). (4) Sect. 21, and see sect. 24 (5). 
 
 (2) Sect. 12. (5) Sect. 21. 
 
 (3) Sect. 58. (6) Sect. 24 (7). 
 
 C 2
 
 xxxvi Introduction. 
 
 as the district council for the urban district of the said 
 borough." * 
 
 Constitution and powers of rural district council. — A 
 rural district council will consist of district councillors, 
 elected by the parochial electors of the district, the 
 parishes in the district being practically wards of the dis- 
 trict for election purposes, and a chairman elected by 
 the councillors either from among their own number or 
 from outside. 2 
 
 The chairman of a district council, unless a woman 
 or personally disqualified, is to be ex officio a justice 
 of the peace for the county in which the district is 
 situate. 3 
 
 To render the provisions of the Act with regard to the 
 election and constitution of rural district councils in- 
 telligible, it is necessary at this point to digress for a 
 moment, and explain in outline the provisions of the Act 
 with regard to boards of guardians. The Act abolishes 
 ex officio and nominated guardians, provides that the 
 elected guardians shall be elected by the parochial 
 electors, and enables the board of guardians to add to 
 their number to a limited extent by selection from out- 
 side. 4 Guardians, as such, however, are not to be elected 
 in a rural district ; but the rural district councillors 
 elected for any parish or other area are to represent 
 the parish or area, not only on the rural district council, 
 but also on the board of guardians of the union com- 
 prising that parish or area. 5 Guardians, as such, there- 
 fore, will be elected for parishes and other areas in county 
 boroughs, urban districts, and London only. 
 
 It will be remembered that at present the board of 
 guardians are the sanitary authority for the rural part of 
 their union, but that guardians representing the urban 
 parts of the union are not entitled to act in relation to 
 matters coming before the board in their sanitary 
 capacity. Practically, therefore, guardians representing 
 the rural portions of the union act as guardians and as 
 members of the sanitary authority, while guardians 
 representing the urban portions of the union act in the 
 former capacity alone. The Act, it will be seen, in- 
 geniously preserves the main features of the present 
 arrangement ; and at the same time establishes the rural 
 district council as a separate entity, and renders the 
 boundaries of a rural district independent of those of a 
 
 fl) Sect. 21. (4) Sect. 20 (1, 3, 7). 
 
 (2) Sect. 24 (1, 4), 59 (1). (5) Sect. 24 (3). 
 
 f3) Sect. 22.
 
 Introduction. xxxvii 
 
 union, so that a union may comprise any number of 
 rural districts, and vice versa. 
 
 Provisions are made enabling couuty and county 
 borough councils to fix and alter the number of guar- 
 dians or rural district councillors to be elected for 
 any parish, and, for the purposes of such elections, to 
 add parishes to each other, and to divide parishes into 
 wards. Subject to any order made under these provisions, 
 any area at present electing any number of guardians 
 will, save in exceptional cases, elect the same number of 
 guardians, or rural district councillors, as the case may 
 be. 1 
 
 An election of rural district councillors or of guardians 
 is to be conducted under rules framed by the Local 
 Government Board. The Ballot Act, and certain other 
 enactments relating to municipal elections are, subject 
 to the modifications made by such rules, to apply in like 
 manner as in the case of a municipal election. 2 And the 
 rules are to provide, among other things, for preventing 
 an elector from voting in more than one parish or other 
 area in the union or district. 3 
 
 The term of office of a guardian or of a rural district 
 councillor, except in the case of the first guardians and 
 district councillors elected under the Act, is to be three 
 years, and in general, one third as nearly as may be, of 
 the guardians of a union, and of the district councillors 
 of a rural district, are to retire on the 15th April in each 
 year. It is, however, provided that the council of a 
 county or county borough (or in some cases a joint 
 committee of such councils) may, on the application 
 of a board of guardians, direct that the members of the 
 board shall retire together on the 15th April in every 
 third year. Moreover, where at present the members of 
 a board of guardians retire together triennially, the 
 guardians are to continue so to retire, unless the county 
 or county borough council, on the application of the 
 board of guardians or of any district council of a district 
 wholly or partially within the union, otherwise direct. 4 
 These provisions are applied to district councillors of a 
 rural district ; 5 and the Local Government Board state 
 
 (1) Sects. 24 (2), GO; and see the county council, to elect one 
 
 p. 151. The only case where the guardian or rural district councillor, 
 
 number of representatives of an See sect. 79 (2). 
 
 area on the board of guardians is (2) Sects. 20 (5), 4S. 
 
 directly affected by the Act is (3) Sect. 48 (2). 
 
 wbere a parish is divided by the (4) Sect. 20 (0). 
 
 Act, when each of the new parishes (5) Sect. 24 (4). 
 is, subject to any order made by
 
 xxxviii Introduction. 
 
 that where a rural district is in more than one union, it 
 will be necessary to secure that the mode of retirement 
 of the guardians of the unions shall be the same, as 
 otherwise there may be serious difficulties in connection 
 with the constitution of the district council. 1 
 
 Where the guardians or rural district councillors retire 
 by thirds, all the guardians or district councillors elected 
 for one parish or other area are to retire together, so that 
 there will be an ordinary election of guardians or rural dis- 
 trict councillors for one constituency only once in three 
 years. And provisions are made authorising county and 
 county borough councils to determine the year in each 
 triennial period in which the guardians or rural district 
 councillors for any parish or other area shall retire. 2 
 
 Where guardians or rural district councillors are to 
 retire by thirds, one third of the guardians or councillors 
 first elected will retire in April, 1 89G, one third in April, 
 1897, and one third in April, 1898. Where they all 
 retire together, the first guardians and district councillors 
 will hold office till April, 1898. 
 
 To be qualified to be elected, or to be, a rural district 
 councillor, a person must either be a parochial elector of 
 some parish in the district, or have resided within the 
 district during the whole of the twelve months preceding 
 his election, or must be qualified to be a guardian " for 
 the union comprising the district." 3 The last provision 
 in the case of a rural district entirely comprised in one 
 union has the effect of extending the qualification, so as 
 to include parochial electors of any parish in the union, 
 and residents within any part of the union. How it is to 
 apply in the case of a rural district not wholly comprised 
 in one union is not clear. 
 
 There are certain disqualifications for membership of a 
 rural district council, 4 but neither sex nor marriage is to 
 disqualify for the office of rural district councillor, 5 or 
 it seems for the office of chairman of such a council. 6 
 
 A rural district council is assimilated to a borough 
 council as regards the expenses of elections, acceptance 
 of office, re-eligibility of holders of office, and the filling 
 of casual vacancies. 7 
 
 The provisions of the Public Health Act as to meet- 
 ings and proceedings of a local board are to apply to 
 
 (1) Circular letter of Local Go- (4) Sect. 46. 
 verurnent Board to county councils, (5; Sects. 20 (7), 24 (6). 
 
 dated 24th March, 1894." (6) Sect. 20 (7), and see sect. 22. 
 
 (2) Sects. 60 (2, 3), 79 (4). (7) Sect. 48 (4). 
 
 (3) Sects. 20 (2), 24 (4).
 
 Introduction. xxxix 
 
 rural district councils. 1 And such councils will have 
 powers to appoint committees and join with other autho- 
 rities in the appointment of joint committees. 2 
 
 The rural district council are to have transferred to 
 them the functions of the rural sanitary authority in their 
 district, and are also to have such functions of an urban 
 sanitary authority as the Local Government Board may 
 by general order direct. 3 
 
 It is further provided that the functions of highway 
 authorities in a rural district shall be transferred to the 
 district council ; but the county council are empowered 
 to postpone the operation of this provision as regards 
 the whole or any part of their county, for a period not 
 exceeding three years from the appointed day — i.e., the 
 day when the first district councillors come into office — 
 or such further period as the Local Government Board 
 may allow. 4 
 
 There are also to be transferred to the district council, 
 certain administrative functions of the justices out of 
 session and of quarter sessions. 5 They are given certain 
 new powers with regard to commons and the protection of 
 roadside wastes and public rights of way. 6 They will have 
 greater facilities than are possessed by the rural sanitary 
 authorities, whom they will succeed, for obtaining com- 
 pulsory powers for the acquisition of land for allotments. 7 
 And the county council will be able to delegate functions 
 to them. 8 
 
 The Act contains provisions under which complaint 
 may be made to the county council where a rural district 
 council make default in the discharge of certain of their 
 duties. Upon such a complaint the county council will 
 have powers to transfer the functions of the district 
 council in relation to the subject-matter of the com- 
 plaint to themselves, similar to those which they possess, 
 under the Allotments Act, 1890, where a complaint 
 is made to them of default by a sanitary authority 
 with regard to the provision of allotments ; and, in 
 some cases, the county council will have power, instead 
 of transferring the functions of the district council to 
 themselves, to exercise the powers of the Local Govern- 
 ment Board under sects. 299-302 of the Public Health 
 Act, 1875. 9 
 
 (1) Sect. 59. (G) Sect. 26. 
 
 (2) Sects. 56, 57. (7) Sect. 9. 
 
 (3) Sect. 25 (1, 5, 6). (8) Sect. 64. 
 
 (4) Sect. 25 (1). (9) SectB. 16, 26, and see sect. 
 
 (5) Sect. 27. 63.
 
 xl Introduction. 
 
 The expenses of a rural district council are in general 
 to be defrayed like those of a rural sanitary authority, 
 highway expenses being defrayed as general expenses. 
 The Act, however, enables highway expenses to be 
 charged upon a particular area in the district in certain 
 cases; and also provides that where any highway ex- 
 penses would, if the Act had not passed, have been in 
 whole or in part defrayed out of any property or funds 
 other than rates, the district council shall make provi- 
 sions to give that parish or area the benefit of such 
 property or funds. It is further provided that the Local 
 Government Board, where they declare expenses under 
 the Act to be special expenses chargeable on a con- 
 tributory place, may direct that such expenses shall be 
 raised as general expenses — i.e., on all classes of property 
 equally — and not as special expenses by means of the 
 differential rate required by the Public Health Act. 1 
 The accounts of a rural district council are to be made 
 up in such form as the Local Government Board pre- 
 scribe, and are to be subject to audit like accounts of an 
 urban sanitary authority under the Public Health Act, 
 but half yearly. 2 
 
 Constitution and poivers of urban district council. — The 
 Act does not affect the constitution or method of election 
 of the council of a borough. 
 
 Every other urban district council will consist of 
 district councillors elected by the parochial electors and 
 a chairman, who, unless a woman or personally disquali- 
 fied, will, as has been stated, be ex officio a justice of the 
 peace, 3 elected by the councillors either from among 
 their own number or from outside. 4 
 
 The Act does not affect the existing division of any 
 urban sanitary district into wards, the number of elective 
 members of the sanitary authority, or their distribution 
 between the wards if the district is divided into wards. 
 Subject therefore to any alteration that may be made in 
 the meantime, any existing wards of the sanitary district 
 will be wards of the urban district, and the number of 
 district councillors for the district or for a ward will be 
 the same as the present number of elected members of the 
 sanitary authority for the district or ward. 
 
 The election is to be conducted under rules framed by 
 the Local Government Board and the Ballot Act, and 
 certain other enactments relating to municipal elections 
 are to apply, subject to such modifications as may be 
 
 (1) Sect. 27, and see sect. 82 (1). (3) Sect. 22. 
 
 (2) Sect. 58. (4) Sect. 23.
 
 Introduction. xli 
 
 made by the rules, in like manner as in the case of a 
 municipal election. 1 
 
 The term of office of an urban district councillor, except 
 in the case of the first councillors elected under the Act, 
 is to be three years, and, in general, one third of the coun- 
 cillors for the district, or of the councillors for each ward, 
 as the case may be, are to retire annually on the 15th April. 
 But the county council may, on request made by a resolu- 
 tion of the district council passed by two thirds of the 
 members voting on the question, direct that the members 
 of the council shall retire together on the 15th April in 
 every third year. 2 
 
 Where the district councillors retire by thirds, one 
 third of the first councillors elected for the district, or for 
 any ward, will retire on the 15th April, 1896, one third 
 on the 15th April, 1897, and the remainder on the 
 15th April, 1898. And the order in which the councillors 
 are to retire will depend on their place on the poll, those 
 who were lowest retiring first. If there was no poll, or if 
 a question arises in consequence of an equality of votes 
 between two or more councillors, the matter is to be 
 determined by ballot conducted under the direction of 
 the council. 3 
 
 To be qualified to be elected or to be councillor of an 
 urban district council, a person must either be a parochial 
 elector of some parish within the district or have resided 
 within the district during the whole of the twelve months 
 preceding his election. There are certain disqualifica- 
 tions for the office, 4 but neither her sex nor marriage is 
 to disqualify a woman for the office. 5 No positive 
 qualification is prescribed for the office of chairman of an 
 urban district council ; but the provisions already referred 
 to, disqualifying various persons for the office of urban 
 district councillor, extend to the office of chairman. It 
 is not expressly provided that her sex is not to disqualify 
 a woman for the office of chairman of an urban district 
 council, but it seems to be implied G that a woman may 
 hold the office. 
 
 An urban district council is assimilated to a borough 
 council as regards the expenses of elections, acceptance 
 of office, resignation, re-eligibility of holders of office and 
 the filling of casual vacancies. 7 
 
 The provisions of the Public Health Act, 1875, as to 
 
 (1) Sects. 23 (5), 48. (5) Sect. 23 (2). 
 
 (2) Sect. 23 (6). (6) See sect. 22. 
 
 (3) Sect. 79 (6, 7). (7) Sect. 48 (4). 
 
 (4) Sect. 46.
 
 xlii Introduction. 
 
 meetings and proceedings of a local board are to apply 
 to urban district councils. But the provisions of that 
 Act as to the appointment of committees and the conduct 
 of their meetings are repealed, escept so far as relates 
 to boroughs, and new provisions as to committees of 
 urban district councils other than borough councils are 
 made. 1 
 
 County borough councils will not, as has been stated, 
 be district councils within the meaning of the Kci. At 
 the same time certain of the provisions of the Act con- 
 ferring and imposing powers and duties on urban district 
 councils extend also to county borough councils ; and it 
 will be convenient, in mentioning certain of these pro- 
 visions, to state in each case whether they extend to 
 county borough councils or not. 
 
 Certain administrative functions of the justices out 
 of session and of quarter sessions are to be transferred to 
 urban district councils 2 and county borough councils. 3 
 Such councils will have certain new functions in relation 
 to commons, the protection of roadside wastes and the 
 preservation of public rights of way. 4 And they will have 
 increased facilities for obtaining compulsory powers for 
 the acquisition of land for allotments. 5 Urban district 
 councils will have certain new powers and duties in 
 relation to the adoptive Acts ; but the provisions of the 
 Act in this respect do not extend to county boroughs. 6 
 
 The Local Government Board moreover are em- 
 powered, upon the application of the council of any 
 borough (including a county borough) or of any other 
 urban district, to confer on tliem, or on some other repre- 
 sentative body within the borough or district, all or any 
 of the following matters ; namely, the appointment of 
 overseers and assistant overseers, the revocation of ap- 
 pointment of assistant overseers, any powers duties or 
 liabilities of overseers and any powers duties or liabilities 
 of a parish council. 7 And the Local Government Board 
 may also, in certain cases, confer on an urban district 
 council (but not on a county borough council), or on 
 some representative body within the district, the powers 
 of the vestry in relation to the rating of small tene- 
 ments. 8 
 
 The expenses incurred by an urban district council in 
 the execution of the additional powers conferred on 
 
 (1) Sects. 56, 57. (5) Sect. 9. 
 
 (2) Sect. 27. (6) Sects. 53, 62. 
 
 (3) Sect. 32. (7) Sect. 33. 
 
 (4) Sect. 26. (8) Sect. 3-i.
 
 Introduction. xliii 
 
 them by the Act are to be defrayed in a borough out 
 of the borough fund or rate, and in any other case out of 
 the district fund and general district rate or other fund 
 applicable towards defraying expenses under the Public 
 Health Act. 1 The existing provisions as to the accounts 
 of an urban sanitary authority and the audit of such 
 accounts are but slightly altered. 2 
 
 Boards of guardians. — It has already been mentioned 
 that ex officio and nominated guardians are to be abolished, 
 that guardians for parishes in urban districts, county 
 boroughs, and London are to be elected by the parochial 
 electors of the parishes ; and that in a rural district 
 guardians as such are not to be elected, but that the 
 rural district councillors elected for a parish or other 
 area will represent the parish or area on the board of 
 guardians. 
 
 A board of guardians are empowered to add to their 
 number by selection from outside to a greater extent 
 than other authorities under the Act. They are to have 
 power to elect from outside their own body not only 
 their chairman but also a vice-chairman, and not more 
 than two other persons : and it is provided that, on the 
 first election, if a sufficient number of persons who have 
 been ex officio or nominated guardians of the union, and 
 have actually served as such, are willing to serve, the 
 additional members shall be elected from among those 
 persons. 3 
 
 The provisions of the Act as to the number, term of 
 office, constitution and election of guardians have been 
 mentioned. 
 
 To be qualified to be elected or to be a guardian a 
 person must either be a parochial elector of some parish 
 within the union, or have resided within the union 
 during the whole of the twelve months preceding his 
 election, or, in the case of a guardian for a parish situate 
 wholly or partly within a borough, be qualified to be 
 elected a councillor for that borough. 4 There are certain 
 disqualifications for the office, 5 but neither sex nor 
 marriage is to disqualify a woman for the office of 
 guardian. 6 
 
 A board of guardians is assimilated to a borough 
 council as regards acceptance of office, re-eligibility of 
 holders of office and the filling of casual vacancies, and, 
 subject however to a provision enabling the Local 
 
 (1) Sect. 28. (4) Sect. 20 (2). 
 
 (2) Sect. 58. (5) Sect. 40. 
 
 (3) Sects. 20 (7), 59. (6) Sect. 20 (2).
 
 xliv Introduction. 
 
 Government Board to continue the existing arrange- 
 ments in this respect, as regards expenses of elections. 1 
 
 The provisions of the Public Health Act as to meetings 
 and proceedings of a local board are applied to boards of 
 guardians as well as to district councils ; but the Act 
 contains a saving for the powers of the Local Government 
 Board as to the proceedings of guardians. 2 
 
 Except that they will in some cases lose their powers 
 of dealing with parish property, 3 the functions of a board 
 of guardians are hardly affected by the Act. 4 
 
 Metropolitan authorities. — The provisions of the 
 Act with respect to the qualification of the electors of 
 urban district councillors, and of the persons to be 
 elected, and with respect to the mode of conducting the 
 election, are to apply as if members of the local board of 
 Woolwich and of the vestries elected under the Metropolis 
 Management Acts were urban district councillors. 5 
 
 Members of these authorities will therefore be elected 
 by the parochial electors of the parish, or, where the 
 parish is divided into wards, by the parochial electors of 
 each ward. 6 The election will be conducted under rules 
 framed by the Local Government Board, and the Ballot 
 Act, and certain other enactments relating to municipal 
 elections will, with modifications, apply. 7 And to be 
 qualified to be elected to or to hold office as a member of 
 any of the authorities a person must either be a parochial 
 elector of the parish, or have resided in the parish during 
 the whole of the twelve months preceding the election. 
 Apparently also a woman will not be disqualified by sex 
 or marriage for membership of such an authority. 8 
 
 The provisions of the Act disqualifying certain persons 
 for the office of district councillor, 9 and the provisions 
 assimilating district councils to borough councils, as 
 regards the expenses of elections, acceptance of office, 
 resignation, re-eligibility of holders of office, and the 
 filling of casual vacancies, 10 are likewise applicable to 
 the authorities in question. 11 
 
 The first elections of members of the authorities in 
 question will be held in the autumn of the present year. 12 
 No election will be held in 1895 ; but in 1896, and in 
 subsequent years, elections will be held on the same 
 
 (1) Sect. 48 (4). (G) Sect. 23 (3). 
 
 (2) Sect. 59. (7) Sects. 23 (5), 48. 
 
 (3) Sect. 6 (1, d\ • (S) Sect. 23 (2). 
 
 (4) With regard to functions of (9) Sect. 46. 
 guardians under local Acts, see (10) Sect. 48 (4). 
 
 sect. 60 (5). (11) Sects. 46 (9), 48 (4). 
 
 (5) Sect. 31 (1). (12) Sect. 84 ^1).
 
 Introduction. xlv 
 
 dates as heretofore, one- third of the members retiring 
 each year. The Act contains the necessary provisions 
 for determining which of the members elected in 1894 
 shall retire in 1896, 1897, and 1898 respectively. 1 
 
 After the first vestrymen elected under the Act come 
 into office, no person is to be ex officio chairman of a 
 vestry under the Metropolis Management Acts ; but each 
 of the vestries, except those electing district boards, and 
 the local board of Woolwich, are, at their first meeting 
 after the annual election of members, to elect a chairman 
 for the year, apparently from among their own number. 2 
 
 The provisions of the Act with respect to the quali- 
 fication of urban district councillors are extended to 
 members of district boards of works, 3 and it is provided 
 that every district board of works shall, at their first 
 meeting after the annual election of members, elect a 
 chairman for the year, apparently from among their own 
 number. 4 The method of electing these bodies is how- 
 ever unaffected. 
 
 A chairman of a metropolitan vestry or of a district 
 board of works elected for the year under the Act, unless 
 a woman or personally disqualified, is to be ex officio a 
 justice of the peace for the county of London. 5 
 
 The functions of the authorities above-mentioned are 
 not directly affected by the Act ; but the provisions of 
 sect. 33, under which the Local Government Board may 
 make an order conferring certain functions on an urban 
 district council or on some other representative body in an 
 urban district, apply in London as if the district of each 
 sanitary authority in the administrative county of London 
 were an urban district, and the sanitary authority were the 
 council of that district. 6 
 
 The Act further contains provisions, it should be men- 
 tioned, as to the election and qualification of auditors of 
 London parishes elected under the Metropolis Manage- 
 ment Acts. 1 
 
 Areas and Boundaries. 
 
 The main provisions of the Act with regard to areas 
 and boundaries are contained in sect. 36. And in the 
 note to that section a somewhat full discussion will be 
 found both of the section itself and of the other provisions 
 
 (1) Sect. 79 (6, 7, 10). (5) Sects. 22, 32 (2). 
 
 (2) Sect. 31 (2). (6) Sect. 33 (G). 
 
 (3) Sect. 31 (1). (7) Sects. 31 (] ), 4G (9), 48 (3). 
 
 (4) Sect. 31 (2). • u
 
 xlvi Introduction. 
 
 of the Act concerning the matter. A very brief outline of 
 the scheme of the Act as to areas and boundaries will 
 therefore suffice at this point. 
 
 The provisions in question are directed towards the 
 following objects : — 
 
 1st. That every parish shall be wholly comprised 
 
 within one administrative county or county borough. 
 
 2nd. That every parish in an administrative 
 
 county shall be wholly comprised within one county 
 
 district. 
 
 3rd. That every county district shall be wholly 
 comprised within one administrative county. 
 
 4th. That there shall be no rural district so 
 
 small as not to have at least five elective district 
 
 councillors. 
 
 In order that these objects may as far as is reasonably 
 
 practicable be attained, the Act makes provisions of two 
 
 kinds : — 
 
 In the first place it requires the county councils — and 
 in the Act the expression county council includes a 
 county borough council — to take into consideration 
 every case where a rectification of boundary is required 
 to attain the objects in question, and to make such orders 
 (if any) as they may deem most suitable for carrying 
 the Act into effect in accordance with the following 
 provisions : — 
 
 1st. " The whole of each parish, and, unless the 
 county council for special reasons otherwise direct, 
 the whole of each rural district shall be within the 
 same administrative county ; 
 
 2nd. " The whole of each parish shall, unless the 
 county council for special reasons otherwise direct, 
 be within the same county district ; and 
 
 3rd. "Every rural district which will have less 
 
 than five elected councillors shall, unless for special 
 
 reasons the county council otherwise direct, be 
 
 united to some neighbouring district or districts." l 
 
 Secondly, the Act contains provisions that will, unless 
 
 the case be dealt with in the meantime, have the effect 
 
 of dividing, as from the appointed day, any parish that 
 
 was at the passing of the Act partly within and partly 
 
 without a rural sanitary district ; and also, unless the 
 
 county council otherwise direct, every parish that was at 
 
 that date situate in more urban districts than one, and 
 
 every rural sanitary district that was at that date situate 
 
 in more administrative counties than one. 2 
 
 (1) Sect. 36 (1). (2) Sects. 1 (3), 36 (2).
 
 Introduction. xlvii 
 
 In order to enable the county and county borough 
 councils to carry out the duties imposed on them in 
 relation to areas and boundaries, the provisions of the 
 Local Government Act, 1888, relating to boundaries are, 
 with important modifications and additions, made avail- 
 able. 1 
 
 Effect of the Act on Existing Authorities and 
 Officers. 
 
 Vestries. — All powers, duties, and liabilities of the 
 vestry of a rural parish, except so far as they relate to 
 the affairs of the church or to ecclesiastical charities, are 
 taken from the vestry; and are transferred, with the 
 exception in general of powers, duties, and liabilities 
 relating to highways, in part to the parish meeting, and 
 in part to the parish council, or, in a parish with no 
 parish council, to the parish meeting. 2 
 
 Any functions the vestry may have in relation to 
 highways will, upon the transfer of the powers of the 
 highway authority to the rural district council, also vest 
 in that council. ' Where, however, the transfer of the 
 functions of a highway authority to the rural district 
 council is postponed, these functions will be transferred 
 to the parish council, if there is one, or to the parish 
 meeting if the parish has no parish council. 3 
 
 Where the vestry of a rural parish are entitled, under 
 the trusts of any charity, other than an ecclesiastical 
 charity, to appoint any trustees or beneficiaries of the 
 charity, the appointment is to be made by the parish 
 council of the parish, or, in the case of beneficiaries, by 
 persons appointed by the parish council. 4 And accounts 
 of parochial charities, other than ecclesiastical charities, 
 are to be laid before the parish meeting instead of before 
 the vestry. 5 
 
 The vestry will, however, confine to exist, unaffected 
 in any respect by the Act, for the purpose of transacting 
 the business that is left them. 
 
 In general the functions of the vestry of a parish in an 
 urban district or a county borough are practically un- 
 affected by the Act ; but the vestry of such a parish may 
 be deprived of certain of their functions by an order 
 of the Local Government Board made under the pro- 
 visions referred to, ante, p. xlii. 
 
 (1) Sect. 36, and sea sects. 40-42, (3) See further, p. 116. 
 80 (2). (4) Sect. 14 (4). 
 
 (2) Sects. 6 (1, a), 19 (4). (5) Sect. 14 (6).
 
 xlviii Introduction. 
 
 Overseers. — In every rural parish the overseers are in 
 future to be appointed either by the parish council or by 
 the parish meeting, 1 and provisions are made to meet 
 cases where a parish council or parish meeting fail to 
 make the appointment. 2 
 
 Churchwardens in rural parishes will cease, as from 
 the appointed day, to be ex officio overseers, and pro- 
 vision is made under which an additional number of 
 overseers may be appointed to replace the church- 
 wardens. The appointing of such additional overseers 
 is, however, optional with the parish council or parish 
 meeting. 3 
 
 Neither the appointment of overseers, nor the position 
 of churchwardens as ex officio overseers for a parish not 
 in a rural district is directly affected by the Act. But 
 the Local Government Board are empowered to confer the 
 appointment of overseers upon the district council of an 
 urban district or upon some other representative body 
 within such a district ; and like provisions are made as 
 regards county boroughs and London. 4 
 
 The overseers appointed for a rural parish in the 
 spring of the present year will hold office till the spring 
 of next year, and it will devolve upon them to convene 
 the first parish meeting in the autumn of the present 
 year. 
 
 Certain powers of the overseers of a rural parish with a 
 parish council are transferred to the parish council. 5 
 And the Local Government Board are empowered to confer 
 any functions of overseers in an urban district upon the 
 district council or some other representative body, and to 
 make like provisions as regards county boroughs and 
 London. 6 
 
 In a rural parish not having a separate parish council, 
 the overseers, together with the chairman of the parish 
 meeting, will, subject if the parish is grouped to the 
 provisions of the grouping order, constitute a corporate 
 body with power to hold land for the purposes of the 
 parish. 7 
 
 The legal interest in the property vested in the 
 overseers or in the churchwardens and overseers of a 
 rural parish, other than property connected with the 
 affairs of the church or held for an ecclesiastical charity, 
 will, on the appointed day, vest in the parish council if 
 
 (1) Sects. 5 (1), 19 (5). (5) Sect. 6 (1, c). 
 
 (2) Sect. 50. (6) Sect. 33. 
 
 (3) Sect. 5 (2). (7) Sect. 19 (6). 
 
 (4) Sect. 33.
 
 Introduction. xQx 
 
 there is one; or, if there is no parish council, in the 
 corporate body of the chairman and overseers established 
 as above mentioned. 1 
 
 Churchwardens.— Churchwardens in rural parishes will 
 cease, as from the appointed day, to be ex officio over- 
 seers. 2 Their remaining functions, other than such as 
 relate to the affairs of the church or to charities, are in a 
 parish with a parish council to be transferred to that 
 council. 3 And where churchwardens as such are trustees 
 of a parochial charity, the parish council may in some 
 cases appoint trustees in their stead. 4 
 
 The Act does not in any case affect the election of 
 churchwardens nor their functions in relation to the 
 affairs of the church or to ecclesiastical charities. Nor 
 does it directly affect any of the functions of church- 
 wardens in urban districts, county boroughs, or London ; 
 though, of course, the functions of such churchwardens 
 might be affected by an order of the Local G-overnment 
 Board made under the provisions referred to, ante, p. xlii. 
 
 Assistant overseers. — In a rural parish the power of 
 appointing and of revoking the appointment of an assis- 
 tant overseer will in all cases vest either in the parish 
 meeting or in the parish council. 5 
 
 The Act does not directly affect the power of the 
 vestry of a parish not in a rural district to appoint or 
 revoke the appointment of an assistant overseer ; but the 
 Local Government Board are empowered to confer the 
 appointment and the revocation of the appointment of 
 assistant overseers in an urban district upon the district 
 council or upon some other representative authority ; and 
 similar provisions are made as regards county boroughs 
 and London. 
 
 The guardians will in future in no case have power to 
 appoint an assistant overseer. 7 
 
 An assistant overseer in a rural parish is in certain 
 cases to act as clerk to the parish council, and in such 
 case the performance of the duties of that office is to be 
 taken into account in determining his salary. 8 
 
 An existing assistant overseer of a rural parish will, 
 unless he was appointed by the guardians, become an 
 officer of the parish council, 9 and he will also come 
 
 (1) Sects. 5 (2), 19 (7). (5) Sects. 5 (1), 19 (5). 
 
 (2) Sect. 5 (2). (6) Sect. 33. 
 
 (3) Sect. G (1, b). (7) Sect. 81 (6). 
 
 (4) Sect. 14 (2); see further as to (8) Sect. 17. 
 this, post, p. liii. (9) Sect. 81 (3). 
 
 d
 
 Z Introduction. 
 
 within the operation of the provisions relating to existing 
 officers mentioned, post, p. li. 
 
 Authorities under the adoptive Acts. 1 — Where the area 
 under the jurisdiction of an authority acting in the 
 execution of any of these Acts is co-extensive with a 
 rural parish having a parish council, the functions of the 
 authority are transferred to the parish council as from 
 the coming into office of that council. 2 
 
 Where such an area will not after the appointed day 
 be comprised within one rural parish, the functions of the 
 authority are to be transferred to the parish councils of 
 the rural parishes wholly or partly comprised in the area ; 
 or, if the area is partly comprised in an urban district, 
 to the parish councils and the district council of the 
 urban district. And it is enacted that where any 
 such rural parish has not a parish council the parish 
 meeting shall, for the purposes of this provision, be sub- 
 stituted for the parish council. 3 Where the functions of 
 such an authority are thus transferred to several bodies 
 jointly, they are to be discharged by a joint committee 
 till other provision is made. 4 
 
 Where an area under such an authority forms part of a 
 rural parish, the authority in question, or a parish meeting 
 for that part of the parish, may transfer the functions of 
 the authority to the parish council ; but such a transfer 
 is not effected directly by the Act. 5 
 
 The county council are empowered, in some cases, to 
 alter the boundaries of an area in which any of the 
 adoptive Acts is in force on the appointed day. 6 
 
 Sanitary authorities, boards of guardians, metropolitan 
 authorities, and highway boards. — The effect that the 
 Act will have, on coming into full operation, on these 
 bodies has been traced in outline. The provisions of 
 the Act as regards persons who are at present members 
 and officers of these authorities, and as regards the duties 
 of such authorities before the appointed day, are very 
 clearly stated in the circular letters of the Local 
 Government Board, which will be found post, pp. 409-428. 
 
 County and county borough councils. — The Act does not 
 affect the constitution or method of election of county 
 
 (!) The" adoptive Acts" are the same: see sect. 7 (1). 
 
 Lighting and Watching Act, 1833, (2) Sect. 7 (5). 
 
 the Baths and Washhouses Acts, (3) Sect. 53 (2). 
 
 the Burial Acts, the Public Im- (4) lb. 
 
 provement Act, 1860, and the (5) Sect. 53 (1). 
 
 Public Libraries Act, 1892, to- (6) Sect. 53 (4). 
 gether with any Acts amendiDg the
 
 Introduction. li 
 
 councils, nor does it materially affect their existing 
 powers and duties, except in relation to alterations of 
 areas and boundaries, and matters arising under the 
 Allotments Acts. The more important new powers and 
 duties conferred and imposed on county councils by 
 the Act, more particularly such as relate to the bringing 
 of the Act into operation, are clearly stated in the 
 circular letter of the Local Government Board which 
 will be found post, p. 414. 
 
 County borough councils, as has been seen, will have 
 certain of the new functions attaching to urban district 
 councils. 1 They will also, inasmuch as the expression 
 county council in the Act includes a county borough 
 council, have such of the functions of county councils 
 under the Act, as are not from their nature inapplicable 
 within a county borough. 
 
 Existing officers. — The principal provisions of the Act 
 as to existing officers are contained in sect. 81. That 
 section, besides making certain special provisions as to 
 highway surveyors, vestry clerks, and assistant over- 
 seers, provides — 
 
 1st. That where the powers and duties of any 
 authority other than justices are transferred by the 
 Act to a parish or district council, the officers of 
 that authority shall become officers of that council. 2 
 2nd. That any such existing officer shall hold his 
 office by the same tenure and upon the same terms 
 and conditions as heretofore, and while performing 
 the same duties shall receive not less salary or 
 remuneration than heretofore. 3 
 
 3rd. That sect. 120 of the Local Government Act, 
 1888, which relates to compensation to existing 
 officers, shall, with the necessary modifications, apply 
 in the case of existing officers affected by the Act. 4 
 It is further provided that where the Local Govern- 
 ment Board make an order under sect. 33, 5 the order 
 shall make such provisions as may seem necessary and 
 just for the preservation of the existing interests of paid 
 officers. 6 
 
 (1) Ante, p. xlii. will be found at length in_the note 
 
 (2) Sect. 81 (1). to that section, p. 255. 
 
 (3) Sect. 81 (4). (5) See ante, p. xlii. 
 
 (4) Sect. 84 (7). Sect. 120 of (6) Sect. 33 (4). 
 the Local Government Act, 1888,
 
 lii Introduction. 
 
 Allotments and Charities. 
 
 Allotments. — The scheme of the Act in relation to 
 allotments — using the expression " allotments " in the 
 modern sense as meaning small parcels of land let or 
 intended to be let to members of the labouring classes — 
 may be summed up as follows : — 
 
 In the first place provisions are made which will in 
 almost all cases transfer to the parish council of a rural 
 parish any allotments held or managed for the benefit of 
 the parish in accordance with the earlier Acts relating 
 to allotments. 1 
 
 Secondly, the Act materially amends the Allotments 
 Act, 1887, as regards the compulsory purchase of land 
 for allotments. 2 In this respect probably the most 
 salient features of the Act are that the necessity of 
 applying to Parliament where it is desired to obtain 
 compulsory powers for the purpose is done away with, 
 and that, where such powers have been obtained, no 
 allowance, in assessing the compensation to the land- 
 owner, is to be made in respect of the purchase being 
 compulsory. 
 
 Thirdly, the Act enables the parish council to hire 
 land for allotments and enables an order to be made, if 
 necessity arises, authorising them to hire land for the 
 purpose compulsorily. 3 
 
 Charities. — The main provisions of the Act with regard 
 to charities are contained in sect. 14. It is not pro- 
 posed to give a full account of these provisions at this 
 point, as such an account would involve setting out that 
 lengthy section practically verbatim. A few observations 
 on the provisions of the section as to the appointment of 
 charity trustees, may, in view of the great interest that 
 these provisions have aroused, not be out of place. 
 
 In the first place, where the vestry of a rural parish 
 are entitled to appoint trustees of a charity other than an 
 ecclesiastical charity, the appointment will be made by 
 the parish council. 4 
 
 Secondly, it is provided that " where overseers of a 
 rural parish as such are, either alone or jointly with any 
 
 (1) Sect. 6 (1, c. Hi.), (4). The (2) Sect. 9, and see sect. 6 (8). 
 
 Acts in question form a most con- The provisions of the Act in this 
 
 fused and tangled body of legisla- respect are somewhat fully dealt 
 
 tion. Some attempt to give an with in the note to sect. 9. 
 outline of iheir provisions is made (3) Sect. 10. 
 
 in the note to sect. tJ. (4) Sect. 14 (4).
 
 Introduction. liii 
 
 other persons, trustees of any parochial charity, such 
 number of the councillors of the parish or other persons, 
 not exceeding the number of the overseer trustees, as the 
 council may appoint, shall be trustees in their place, and, 
 when the charity is not an ecclesiastical charity, this 
 enactment shall apply as if the churchwardens as such 
 were specified therein as well as the overseers." l 
 
 It was universally assumed throughout the long 
 debates to which this enactment gave rise in Parliament, 
 that it would apply in the case of any non-ecclesiastical 
 charity, of which churchwardens as such were trustees ; 
 and that is the construction which the author would 
 place on the enactment. At the same time he thinks 
 it right to state that a friend of his of considerable 
 eminence at the bar has expressed to him the opinion 
 that such is not the xrue construction of the enactment; 
 but that the whole enactment is governed by the initial 
 words, and that it applies, therefore, as regards church- 
 wardens, only where overseers also are trustees of the 
 charity. The power of appointing trustees of a charity in 
 lieu of overseers or churchwardens attaches to the parish 
 meeting where there is no parish council. 2 
 
 Thirdly, provisions are made under which, where there 
 is no'representative element on the governing body of a 
 parochial charity, not being an ecclesiastical charity, 
 the parish council will be entitled to appoint additional 
 members of the governing body. And it is provided 
 that where the management of any such charity is vested 
 in a sole trustee, the number of trustees may, with the 
 approval of the Charity Commissioners, be increased to 
 three, one of whom may be nominated by the sole trustee, 
 and one by the parish council or parish meeting. 3 
 
 It will be observed that if the Act has not the effect of 
 enabling the parish council to appoint trustees in place 
 of churchwarden trustees, except where the overseers also 
 are trustees, the parish council will in a very large 
 number of cases be unrepresented on the governing body, 
 as wherever a churchwarden elected by the meeting is 
 a trustee he constitutes a representative element on 
 the governing body, so that the provisions enabling 
 a parish council to appoint additional members of a 
 governing body on which there is no representative 
 element would not apply. 
 
 The provisions above mentioned as to the appointment 
 of trustees, except so far as the appointment is transferred 
 
 (1) Sect. 14 (2). (2) Sect. 19 (5). (3) Sect. 14 (3). 
 
 
 liv Introduction. 
 
 from the vestry, are not to apply to any charity until 
 the expiration of forty years from the date of the founda- 
 tion, or, in the case of a charity founded before the 
 passing of the Act by a donor or by several donors any- 
 one of whom was living at the passing of the Act, until 
 the expiration of forty years from the passing of the Act, 
 unless with the consent of the surviving donor or donors. 1 
 Nor will any of the provisions in question apply to the 
 trusteeship of an elementary school. 2 
 
 It remains to mention that the Act contains somewhat 
 elaborate definitions of the expressions "ecclesiastical 
 charity " and " parochial charity." 3 
 
 (1) Sect. 14 (8). (2) Sect. 6G. (3) Sect. 75 (2).
 
 THE 
 
 LOCAL GOVERNMENT ACT, 1894. 
 
 56 & 57 Vict. c. 73. 
 
 An Act to make further provision for Local Government in 56 & 57 Vict. 
 England and Wales. [5th March, 1894.] c. 73, s. 1. 
 
 Be it enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 PAET I. 
 
 Parish Meetings and Parish Councils. 
 
 Constitution of Parish Meetings and Parish Councils. 
 
 Sect. 1.— (1.) There shall be a parish meeting for Constitution 
 every rural parish, and there shall be a parish council of PJJjJ^ and 
 for every rural parish which has a population of three gstablish- 
 hundred or upwards : Provided that an order of the men t f 
 county council in pursuance of Part III. of this Act — parish coun- 
 (a) shall, if the parish meeting of a rural parish Clls - 
 having a population of one hundred or upwards 
 so resolve, provide for establishing a parish 
 council in the parish, and may, with the con- 
 sent 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 
 (6) may provide for grouping a parish with some 
 neighbouring parish or parishes under a common 
 parish council, but with a separate parish meeting
 
 2 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. for every parish so grouped, so, however, that 
 
 c - 73. s. 1. n0 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. 
 
 (3.) Where a parish is at the passing of this Act situate 
 partly within and partly without a rural sanitary dis- 
 trict, 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 
 
 39 & 40 Vict. Amendment Act, 1876, and the Acts amending the 
 
 c# 61- same. 
 
 Note. Parish meeting. — The expression " parish " in the 
 present Act means a parish for poor law purposes, that is, 
 broadly speaking, a parish, township, tithing, or other area 
 with independent overseers ; 1 and it is for such a parish only 
 that a parish meeting is established by the present section. 
 The Act, however, contains provisions under which, in certain 
 cases, a parish meeting may be held for part of a parish. 2 
 
 Parish council. — The question whether a parish is to have, 
 or to be entitled to have if the parish meeting so resolve, a 
 parish council will, under sect. 75 (2), depend on the popula- 
 tion of the parish according to the census of 1891. Altera- 
 tions to meet future changes of population are provided for by 
 sect. 39. 
 
 Parish co-extensive with rural sanitary district. — Sect. 36 (4) 
 provides that, unless the county council otherwise direct, a 
 separate election of a parish council for a parish in this position 
 shall not be held until the district is united to some other 
 district or districts, but that the district council shall have, in 
 addition to their own powers, the powers of a parish council. 
 
 Grouping of parishes. — It is to be observed that, though the 
 provisions of the Act with regard to the grouping of parishes 
 are no doubt intended chiefly to meet the needs of small 
 parishes, parishes of any size may be grouped. With regard 
 to the respective functions of the parish meeting and the 
 parish council where a parish is grouped, see sect. 19, and the 
 note to that section. And as to grouping orders generally, see 
 sects. 38-40 and 55 (1). Provisions exist under which 
 parishes may, by order of a county council, be united, so as to 
 form, for all civil purposes, a single parish. 3 An order uniting 
 parishes under these provisions must not be confused with a 
 grouping order. 
 
 (1) See the note to sect. 36, post. (3) See sect. 36, and the note to 
 
 (2) See e.g. sects. 7 (4), 18.! that section, post.
 
 I.] Constitution of Parish Meetings and Parish Councils. 3 
 
 Parish situate in more than one sanitary district. — As to the 56 & 57 Vict, 
 powers of county councils to adjust areas for the purposes of c * ?3» s - l » "■ 
 the Act, and as to the consequences of a subdivision of an 
 area effected by the Act, see sect. 36 and the note to that 
 section. Sub-sect. (2) of sect. 36 contains provisions similar 
 to those in sub-sect. (3) of the present section dealing with a 
 parish situate in two or more urban districts. 
 
 Appointed day. — As to the appointed day see sect. 84 (4). 
 
 Sect. 2. — (1.) The parish meeting for a rural parish Parish meet- 
 shall consist of the following persons, in this Act referred m § s - 
 to as parochial electors, and no others, namely, the per- 
 sons registered in such portion either of the local govern- 
 ment register of electors or of the parliamentary register 
 of electors as relates to the parish. 
 
 (2.) Each parochial elector may, at any parish meet- 
 ing, 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 meet- 
 ing shall begin not earlier than six o'clock in the 
 evening. 
 
 (4.) Subject to the provisions of this Act as to any 
 particular person being the chairman of a parish meet- 
 ing, 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 con- 
 sequent thereon shall be defrayed as hereinafter provided. 
 
 (7.) With respect to parish meetings the provisions in 
 the First Schedule to this Act shall have effect. 
 
 Note. Parochial Electors. — The Interpretation Act, 1889 1 
 defines the expression " parliamentary register of electors " as 
 meaning " a register of persons entitled to vote at any parlia- 
 mentary election," and the expression " local government 
 register of electors" as meaning, "as respects an administrative 
 county in England or Wales other than a county borough, the 
 county register, and as respects a county borough or other 
 municipal borough, the burgess roll." The " burgess roll " in 
 a municipal borough is the authoritative list of the persons 
 enrolled as burgesses, who alone are entitled to vote at the 
 election of the borough councillors. 2 The county register for 
 a county is similarly the authoritative list of persons entitled to 
 
 (1) 52 & 53 Vict. c. 63, s. 17. 1882 (45 & 46 Vict. c. 50), ss. 9 (1), 
 
 (2) Municipal Corporations Act, 45 (8), 51. 
 
 B 2
 
 4 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, vote at the election of the county councillors ; it includes the 
 c 73, s. 2, n. burgesses enrolled on the burgess rolls of the boroughs in the 
 county and persons registered as " county electors '" for the 
 remainder of the county. 1 
 
 The meaning of the expression " parochial elector " is, it 
 should be observed, by sect. 75 (2), extended so as to include 
 persons on the registers relating to any parish whether a rural 
 parish or not. 
 
 The statutes relating to the qualification and registration of 
 electors are of great complexity, and it is beyond the scope of 
 the present work to discuss their provisions at length. The 
 following is a brief list of the qualifications entitling a person 
 to be placed on the register. 
 
 Qualifications j vr registration as a parliamentary elector for a 
 county. These are : — 
 
 (i.) Ownership qualifications : i.e., qualifications in respect 
 of the ownership of property whether of freehold, copyhold, or 
 leasehold tenure. 2 
 
 (ii.) Fifty pounds rental qualification : i.e., a qualification in 
 respect of the occupation as tenant of land at a rental of fifty 
 pounds or more. 3 This qualification is only enjoyed by 
 persons already on the register in respect of the same 
 qualification in 1884 and is of small and diminishing im- 
 portance. 
 
 (iii.) Ten pounds occupation qualification. This is similar 
 to the ten pounds occupation qualification for a borough 
 mentioned below ; but the conditions of the qualifications are 
 slightly different in the two cases. 4 
 
 (iv., v.) The household qualification and the lodger qualifi- 
 cation. These are precisely similar to the corresponding 
 qualifications for a borough mentioned below. 5 
 
 Qualifications for registration as a parliamentary elector for a 
 borough. These are : — 
 
 (i.) Qualifications in respect of " reserved rights." The 
 Reform Act, 1832, 6 while introducing a uniform occupation 
 franchise for parliamentary boroughs, reserved certain of the 
 various ancient rights of voting existing in boroughs then 
 
 (1) County Electors Act, 1888 c. 102, s. 40 ; 41 & 42 Vict. c. 26, 
 (51 Vict. c. 10), ss. 2, 3, 7 ; County s. 7 ; 48 Vict. c. 3, ss. 10, 12 ; 48 
 Councils (Elections) Act, 1891 (54 Vict. c. 15, ss. II, 12, 19 ; 48 & 49 
 & 55 Vict. c. 68), s. 2. Vict. c. 46. 
 
 (2) 8 Hen. VI. c. 7 ; 10 Hen. VI. (4) 30 & 31 Vict. c. 102. ss. 6, 
 c. 2 ; 18 Geo. II. c. 18 ; 20 Geo. 26, 27, 40 ; 32 & 33 Vict. c. 41, 
 III. c. 17, s. 12 ; 2 Will. IV. c. 45, ss. 7, 15, 19 ; 41 & 42 Vict. c. 26, 
 ss. 18, 20, 21, 23-26 ; 6 Vict. c. 18, ss. 5, 7, 14; 42 Vict. c. 10; 48 
 s. 74 ; 30 & 31 Vict. c. 102, ss. 5, Vict. c. 3, ss. 5, 6, 7 (6) (8), 10, 
 4°, 56, 59 ; 41 & 42 Vict. c. 26, 11, 12; 48 Vict. c. 15, s. 12; 48 
 s. 7 ; 48 Vict. c. 3, ss. 4, 10, II ; & 49 Vict. c. 46. 
 
 48 Vict. c. 15, ss. II, 12 ; 48 & 49 (5) 48 Vict. c. 3, ss. 2, 6, 7 (1) 
 
 Vict. c. 46. (2), 9 (8) (9), 10 ; 48 & 49 Vict. 
 
 (3) 2 Will. IV. c. 45, ss. 20, 26 ; c. 46 ; 54 Vict. c. 11. 
 
 6 Vict. c. 18, s. 73 ; 30 & 31 Vict. (6) 2 Will. IV. c. 45.
 
 L] Constitution of Parish Meetings and Parish Councils. 5 
 
 sending representatives to Parliament, 1 and qualifications in 56 & 57 Vict, 
 respect of these reserved rights are still exercised. A notable c - 73. s. 2, n. 
 instance is in the case of the City of London. It would seem 
 that persons registered as parliamentary electors in respect of 
 reserved rights will not be parochial electors, since the portion 
 of the register in which their names are inserted is not prepared 
 separately for the several parishes, and indeed could not be so 
 prepared as in many cases the qualification does not depend 
 on the possession or occupation of property and could there- 
 fore not be regarded as relating to any particular locality 
 within the borough. 
 
 (ii.) The ten pounds occupation qualification. This is a 
 qualification in respect of the occupation as owner or tenant of 
 some land or tenement of the clear yearly value of not less 
 than ;£io. 2 
 
 (iii.) The household qualification. This is a qualification in 
 respect of the occupation as inhabitant occupier of a dwelling- 
 house or of some part of a house separately occupied as a 
 dwelling. 3 
 
 (iv.) The lodger qualification. This is a qualification in 
 respect of the occupation as a lodger of lodgings of the clear 
 yearly value, if let unfurnished, of ^"io or upwards. 4 
 
 Qualifications for registration as a local government elector. 
 These are : — 
 
 (i.) The old burgess qualification : i.e., in respect of the 
 occupation as owner or tenant of a " house, warehouse, 
 counting-house, shop, or other building." 5 
 
 (ii.) The ten pounds occupation qualification. This 
 differs little from the corresponding parliamentary qualifica- 
 tion. 6 
 
 Women as parochial electors. — Women are absolutely dis- 
 qualified to be parliamentary electors, 7 but their sex does not 
 
 (1) As to these reserved rights, ss. 7, 15, 19; 41 Vict. c. 3 ; 41 & 
 see 2 Will. IV. c. 45, ss. 31-33, 42 Vict. c. 26, ss. 5, 7, 14; 42 
 35, 36 ; 6 Vict. c. 18, ss. 76, 78 ; Vict. c. 10 ; 48 Vict. c. 3, ss. 3, 9 
 30 & 31 Vict. c. 102, ss. 46, 56 ; (8) (9), 10; 48 Vict. c. 15, s. 12 ; 
 41 & 42 Vict. c. 26, s. 7 ; 45 & 46 48 & 49 Vict. c. 23, s. IO ; 48 & 49 
 Vict. c. 50, s. 209 ; 48 Vict. c. 3, Vict. c. 46 ; 54 Vict. c. II. 
 
 s. 10; 48 Vict. c. 15, s. 12 j 48 & (4) 30 & 31 Vict. c. 102, ss. 4, 
 
 49 Vict. c. 23, ss. 7, 13 (3) ; 48 & 40 ; 41 & 42 Vict. c. 26, ss. 5, 6, 7 ; 
 
 49 Vict. c. 46. 48 Vict. c. 3, ss. 2, 7 (3), 10 ; 48 
 
 (2) 2 Will. IV. c. 45, ss. 27-30, Vict. c. 15, s. 12 ; 48 & 49 Vict. 
 36 ; 6 Vict. c. 18, ss. 75, 76 ; II c. 46 ; 54 Vict. c. II. 
 
 & 12 Vict. c. 90; 14 & 15 Vict. (5) 45 & 46 Vict. c. 50, ss. 9, 
 
 c. 14 ; 30 & 31 Vict. c. 102, ss. 7, 31-33, 63; 51 Vict. c. 10, s. 2; 
 
 26, 46 ; 32 & 33 Vict. c. 41, ss. 7, and see 32 & 33 Vict. c. 41, ss. ", 
 
 15, 19 ; 41 & 42 Vict. c. 26, ss. 5, 15, 19 ; 41 & 42 Vict. c. 26, s. 14 ; 
 
 7, 14 ; 42 Vict. c. 10 ; 48 Vict. 42 Vict. c. 10 ; 48 & 49 Vict. c. 9 ; 
 
 c. 3, ss. 5, 7 (7) (8), 10, 11; 48 Vict. 48 & 49 Vict. c. 46 ; 54 Vict. c. 1 1, 
 
 c. 15, s. 12 ; 48 & 49 Vict. c. 23, ss. (6) 51 Vict. c. 10, s. 3. 
 
 IO > 13 (3) 14 ; 48 & 49 Vict. c. 46 ; (7) Chorlton v. Lings (1868), 
 
 54 Vict. c. 11. L. R. 4 C. P. 374 ; 38 L. J. C. P. 
 
 (3) 30 & 31 Vict. c. 102, ss. 3, 25 ; 19 L. T. 534; 17 W. K. 284 ; 
 26, 40, 61 ; 32 & 33 Vict. c. 41, 1 Hopw. & C. 1.
 
 6 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, disqualify them to be enrolled or to vote as burgesses or county 
 c 73, s. 2, n. electors, at all events in respect of the old burgess qualifica- 
 tion. 1 Whether a woman can be enrolled as a burgess or 
 county elector, in respect of the ^Qio occupation qualification, 
 is doubtful. 2 Marriage, however, has hitherto disqualified a 
 woman for enrolment as a local government elector. 3 Sect. 43 
 of the present Act removes, " for the purposes of this Act," 
 the disqualification for registration as a local government 
 elector hitherto entailed on a woman by marriage, subject to 
 a provision that husband and wife are not both to be qualified 
 in respect of the same property. That section will not, how- 
 ever, apparently authorise a married woman to vote at an 
 election of borough or county councillors. 
 
 Registration of electors. — The law relating to the registration 
 of electors is amended for the purposes of the present Act by 
 sect. 44 ; and provisions relating to the registration of electors 
 in cases where alterations of boundary are effected before the 
 first elections are held under the Act are contained in sect. 84. 
 In the course of the debates on the Act the President of the 
 Local Government Board stated, on the 5th January, 1894, 
 that it was the intention of the Government to bring in a bill 
 for the purpose of accelerating the registration of electors in 
 the present year, so as to enable the first elections under the 
 Act to be held at the time provided for by the last-mentioned 
 section. 4 
 
 Conclusiveness of register. — Sect. 44 (1) provides that any 
 person whose name is not in the register of parochial electors 
 shall not be entitled to attend a meeting or vote as a parochial 
 elector, and that any person whose name is in that register 
 shall be entitled to attend a meeting and vote as a parochial 
 elector unless prohibited from voting by statute. 
 
 Assembly of parish meeting. — The annual assembly of the 
 parish meeting is, under the first schedule, part i. (1), to be 
 held on the 25 th March, or within seven days before or after 
 that date. In a parish not having a separate parish council, 
 the parish meeting is, under sect. 19 (2), subject, if the parish 
 is grouped, to the provisions of the grouping order, to assemble 
 at least twice a year. Provisions as to the convening of a 
 parish meeting, notices to be given prior to an assembly of the 
 parish meeting, &c, are contained in sects. 45 and 51, and in 
 part i. of the first schedule. 
 
 The first parish meeting for a parish is to be convened by 
 the overseers, on the 8th November, 1894, or on such later 
 date in 1894, as the Local Government Board may fix: see 
 sects. 78 (1), 84 (1). And the county council are empowered 
 
 (1) Municipal Corporations Act, 7 Q. B. 361 ; 41 L. J. Q. B. 173 ; 
 1882 (45 & 46 Vict. c. 50), s. 63. 26 L. T. 616 ; 20 W. R. 328. 
 
 (2) See the County Electors Act, (4) See Parliamentary Debates, 
 1S88 (51 Vict. c. 10), s. 3. 4th Series, vol. 20, p. 927. 
 
 (3) Reg. v.Harrald (1872), L. R.
 
 I.] Constitution of Parish Meetings and Parish Councils. 7 
 
 by sect. 80 (1) to remove any difficulties that may arise as to 56 & 57 Vict, 
 the holding of the first parish meeting. c - 73. s - 2 » n - 
 
 Schoolrooms and rooms maintainable out of local rates are 
 in certain cases made available for the assembly of the parish 
 meeting by sect. 4; and by sect. 61 a parish meeting is not, 
 except where no other suitable room is available, either free of 
 charge or at a reasonable cost, to be held in premises licensed 
 for the sale of intoxicating liquor. 
 
 Chairman of parish meeting. — By sect. 45 (2) the chairman 
 of the parish council, if he is present and not a candidate for 
 election at the meeting, is, save as otherwise provided by the 
 Act, to be the chairman of the parish meeting. In a parish 
 not having a separate parish council the parish meeting is, by 
 sect. 19 (1), subject, if the parish is grouped, to the provisions 
 of the grouping order, to choose a chairman for the year at 
 their annual assembly. By the first schedule, part i. (10) pro- 
 vision is made for the appointment of a temporary chairman of 
 a parish meeting if the regular chairman is absent or unable or 
 unwilling to act. 
 
 Poll conseque?it on a parish meeting. — With regard to the 
 demand of a poll, see the first schedule, part i. (5) (6) (7). As 
 to the manner of taking the poll, see sect. 48 and the note to 
 that section. 
 
 Expenses of holding parish meeting and of poll consequent 
 tliereon. — As to these expenses, see sect. 11 (4). 
 
 Sect. 3. — (1.) The parish council for a rural parish Constitution 
 shall be elected from among the parochial electors of that of parish 
 parish or persons who have during the whole of the councl • 
 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 coun- 
 cillors 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 clay 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
 
 8 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, rules framed under this Act for that purpose by the 
 c 73. s - 3- 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 
 oy 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 pre- 
 siding 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. 
 
 Note. Qualification of parish councillor. — It will be 
 observed that no continuing qualification is required to entitle 
 a person to hold the office of parish councillor. A parish 
 councillor, duly qualified at the time of his election, may hold 
 office till the next election, though he cease to be a parochial 
 elector and reside beyond the three-mile limit. 
 
 Residential qualification. — The meaning of the word " reside " 
 and its derivatives cannot be stated with any great degree of 
 exactness. Bayley, J., 1 said that the word residence "where 
 there is nothing to show that it is used in a more extensive 
 sense, denotes the place where an individual eats, drinks, and 
 sleeps, or where his family or his servants eat, drink, and 
 sleep." The meaning put upon the expression in different 
 statutes has however varied considerably according to the 
 object and scope of the particular enactment in question. 
 
 Residence for a certain " qualifying period " within given 
 limits is required as a condition of certain electoral qualifica- 
 tions ; and the decisions as to the meaning of residence in the 
 
 (I) Reg. v. North Curry {inhabi- p. 959 ; S. C. 7 D. & R. 424. 
 fonts) (1825), 4 B. & C. 953, at
 
 I.] Constitution of Parish Meetings and Parish Councils. 9 
 
 Acts relating to such qualifications will no doubt be followed 56 & 57 Vict, 
 in construing the present section. c - 73> s - 3» n - 
 
 The following passage in Elliott on Registration l with 
 regard to the meaning of residence in these Acts has more 
 than once been referred to with approval 2 : — " The rule upon 
 this subject may perhaps be stated thus : that in order to 
 constitute residence, a party must possess at least a sleeping 
 apartment ; but that an uninterrupted abiding at such dwelling 
 is not requisite. Absence, no matter how long, if there be 
 liberty of returning at any time, and no abandonment of the 
 intention to return whenever it may suit the party's pleasure or 
 convenience so to do, will not prevent a constructive legal resi- 
 dence. But if he has debarred himself of the liberty of returning 
 to such dwelling by letting it, for a period however short, or has 
 abandoned his intention of returning, he cannot any longer be 
 said to have legal residence there." 
 
 Subject to the general principles thus stated the question 
 whether a person has resided in a given place during the 
 qualifying period is mainly a question of fact, depending upon 
 all the circumstances of the case. 3 
 
 A person may, it should be mentioned, have more than one 
 residence. 4 
 
 A brief account of the decided cases is subjoined ; they are 
 however, for the most part merely illustrations of the principles 
 stated above. 
 
 Where it appeared that A. resided with his wife and family 
 at G., but paid gd. a week for the use of a bedroom and dark 
 closet at T. where he slept twelve times during the course of 
 six months, and the revising barrister decided that A. had not 
 resided during the six months at T., the Court upheld the 
 barrister's decision. 5 
 
 It was held that a man's residence was broken where he was 
 imprisoned for a crime in a gaol beyond the specified limits. 6 
 
 A man who was employed as attendant upon a gentleman 
 and for whom lodgings were taken in the same house with the 
 gentleman where he might and usually did sleep, but where he 
 was not by his agreement bound to sleep, but who also had 
 lodgings at C. where his family resided and where he could 
 sleep at any time and did in fact sleep at least once a week, 
 was held to have resided at C. 7 
 
 (1) 2nd edition, p. 204. 783; I Lutw. Reg. Cas. 125; 14 
 
 (2) Powell v. Guest (1864), 18 L. J. C. P. 38 ; 8 Jur. 1008. 
 
 C. B. (N.s.) 72, at p. 80 ; S. C. 34 (4) Whithorn v. Thomas, Bond 
 
 L. J. C. P. 69 ; 11 L. T. 599 ; 10 v. St. George's, Hanover Square, 
 
 Jur. (N.s.) 1238; 13 W. R. 274; (overseers), ubi sup. 
 
 H. & P. 149 ; Pond v. St. George's, (5) Whithorn v. Thomas, ubi sup. 
 
 Hanover Square (overseers) (1870), (6) Powell v. Guest, ubi sup. 
 
 L. R. 6 C. P. 312; 40 L. J. C. P. (7) Taylor v. St. Mary Abbot 
 
 47 ; 23 L. T. 494 ; 19 W. R. 101 ; (overseers) (1870), L. R. 6 C. P. 
 
 1 Hopw. & C. 427. ' 309 ; 40 L. J. C. P. 45 ; 23 L. T. 
 
 (3) Whithorn v. Thomas (1844), 493 ; 19 W. R. 100 ; I Hopw. & C. 
 7 Man. & G. 1 ; 8 Scott N. R. 421.
 
 lo The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. A man who occupied lodgings in a borough, separately and 
 c 73> s - 3> n - as sole tenant, during the qualifying period of twelve months, 
 who also had a house in the country where he kept an 
 establishment of servants all the year round, and who, when in 
 the borough, as he had been at intervals for two months out of 
 the twelve, resided at such lodgings, was held to have had a 
 sufficient residence in the borough. 1 
 
 An incumbent was held to have ceased to reside in his rectory 
 where he obtained from the bishop a license for non-residence and 
 went abroad, and a curate went to reside at the rectory under a 
 license to officiate which required him to reside there, it being 
 admitted that the incumbent could not have returned to the 
 rectory without providing some other residence for the curate. 2 
 
 A clergyman who, under an arrangement with another 
 clergyman, exchanged duties and residences with the latter for 
 a time, for the purpose of obtaining relaxation and change of 
 scene, was held to have broken his residence. 3 
 
 An officer who, when on leave, resided with his mother, and 
 who had no other home, was held to lose his constructive 
 residence at her house, when he was with his regiment, as he 
 was then subject to the will of the Queen and had not the 
 liberty of returning at his pleasure. 4 
 
 A man who had rooms kept for him in his father's house, 
 was held to break his residence there, by being absent in 
 London serving under articles to a solicitor. 5 
 
 A man who during the qualifying period had in fact resided 
 in a room in a cottage allotted to his wife's mother by the 
 trustees of a charity, was held to have resided there within the 
 meaning of the Reform Act, 1832, 6 though his residence 
 constituted a breach of the rules of the charity. 7 
 
 Where it appeared that A. had a bedroom kept for his 
 exclusive use in his father's house at E. ; that during the 
 qualifying period he went to London in quest of employment, 
 and having obtained a temporary situation, remained there for 
 two months and then returned to his father's house at E. ; 
 that he remained at E. three weeks and then went back to 
 London and, obtaining employment there, did not return to E. 
 during the rest of the qualifying period : it was held that A. 
 had not resided in E. during the qualifying period. 8 
 
 (1) Bond v.St. George's, Hanover Hopw. & C. 167. 
 
 Square {overseers), ante, p. 9. (5) Ford v. Drew (1879), 5 
 
 (2) Durant v. Carter (1873), C. P. D. 59; 49 L. J. C. P. 172; 
 L. R. 9 C. P. 261; 43 L. J. 41 L. T. 478; 28 W. R. 137 ; 
 C. P. 17 ; 29 L. T. 681 ; 22 W. R. Colt. 1. 
 
 158 ; 2 Hopw. & C. 142. (6) 2 Will. IV. c. 45, s. 33. 
 
 (3) Ford v. Pye (1873), L. R. 9 (7) Beatv. Ford (1S77), 3 C. P. D. 
 C. P. 269 ; 43 L. J. C. P. 21 ; 29 73 i 47 L- J- C. P. 56 ; 37 L. T. 
 L. T. 684; 22 W. R. 159; 2 408 ; 26 W. R. 146. 
 
 Hopw. & C. 157. (8) Beat v. Exeter {town clerk) 
 
 (4) Fords. Hart (1873), L. R. 9 (1887), 20 Q. B. D. 300 ; 57 L. J. 
 C. P. 273 ; 43 L. J. C. P. 24 ; 29 Q. B. 128 ; 58 L. T. 407 ; 36 W. R. 
 L. T. 685; 22 W. R. 159; 2 507 ; 52 J. P. 501 ; I Fox 31.
 
 I.] Constitution of Parish Meetings and Parish Councils. 1 1 
 
 A person was held not to have resided on premises which 56 & 57 Vict, 
 he occupied, and in which he spent a considerable time daily, c. 73, s. 3, n. 
 except on Sundays, but in which he had slept only twice during 
 the qualifying period on a temporary bed made up on chairs. 1 
 
 In a case 2 arising on an enactment 3 which required that to 
 enjoy a certain electoral qualification, a person should, during 
 a certain period have been an " inhabitant householder " within 
 given limits, Blackburn, J., said : " There is no strict or 
 definite rule for ascertaining what is inhabitance or residence. 
 The words have nearly the same meaning. . . . The question 
 is whether there has been such a degree of inhabitance as to 
 be, in substance and in common sense, a residence." In that 
 case a person who commonly lived in London, but carried on 
 business at E., where he kept offices and some rooms in which 
 he had, during the qualifying period, stayed several times for 
 several days together, was held to be an inhabitant householder 
 at E. 
 
 In an earlier case, 4 arising under the same enactment, a 
 man was held to be an inhabitant householder in respect of a 
 house which formed his permanent home, and in which he 
 kept up his establishment of servants, though, owing to 
 fortuituous circumstances, he had slept elsewhere throughout 
 the qualifying period. 
 
 In another case 5 on the same enactment, the mayor of a 
 borough, acting as revising officer, held that A., who occupied 
 premises jointly with another, and had the exclusive use of a 
 bed-room in such premises, but habitually slept elsewhere, was 
 not an inhabitant householder in respect of those premises ; 
 and the Court refused to reverse the mayor's decision on an 
 affidavit that A. " sometimes " slept at the premises in 
 question. 
 
 In order to enjoy the household qualification 6 a person 
 must, during the qualifying period, have been " the inhabitant 
 occupier, as owner or tenant," of a dwelling-house. 7 
 
 Under this enactment it has been held that a man absent 
 from his dwelling-house on military duty for a short time in 
 the course of the qualifying period thereby loses the quali- 
 fication, even though his family continue, during his absence, 
 to reside at the dwelling-house in question. 8 
 
 (1) Barlow v. Smith (1892), 1 sect. 2, ante. p. 5. 
 
 Fox, 293. (7) Representation of the People 
 
 (2) Reg. v. Exeter (mayor) (JVes- Act, 1867 (30 & 31 Vict. c. 102), 
 comb's Case) (1868), L. R. 4 Q. B. s. 3. 
 
 110 ; 19 L. T. 397. (8) Ford v. Barnes, Ford v. Elms- 
 
 (3) Municipal Corporations Act, ley (1885), 16 Q. B. D. 254; 55 
 1835 (5 & 6 Will. IV. c. 76), s. 9, L. J. Q. B. 24 ; 53 L. T. 675 ; 50 
 now repealed. J. P. 37 ; Colt. 396 ; Spittall v. 
 
 (^ Reg. v. Boycott (1866), 14 Brook (1886), 18 Q. B. D. 426 ; 56 
 
 L. T. 599. L. J. Q. B. 48 j 56 L. T. 364 ; 35 
 
 (5) Reg. v. Exeter {mayor) (Dips- W. R. 520 ; I Fox, 22 ; Donogkue 
 tale's case) (1868), L. R. 4 Q. B. v. Brook (1887), 57 L. J. Q. B. 
 114 ; 19 L. T. 432. 122 ; 58 L. T. 411 ; I Fox, 100. 
 
 (6) As to this see the note to
 
 i2 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Under the same enactment it was held that the absence of 
 c - 73. s - 3> n - undergraduates of Oxford and Cambridge from their rooms 
 during the vacations, which comprise nearly six months in the 
 year, and during which such undergraduates are not permitted 
 to reside in their rooms, constituted a break in their residence, 
 preventing their being qualified as inhabitant householders in 
 respect of their rooms. 1 
 
 Residence within three miles.' — The distance of three miles 
 mentioned in sub-sect. (1) is, under the Interpretation Act, 
 1889, 2 to be measured as the crow flies. 
 
 Disqualifications for the office. — Provisions disqualifying cer- 
 tain persons for the office of parish councillor or chairman of a 
 parish council are contained in sect. 46. 
 
 Term of office. — By sect. 78 (3) the first parish councillors 
 for a parish will hold office for rather more than a year, retiring 
 on the 15th April, 1896. 
 
 Election and coming into office of parish councillors, &°c. — 
 Provisions as to the dates on which the first elections of parish 
 councillors are to be held, and on which the first parish coun- 
 cillors elected are to come into office, are contained in sect. 84 ; 
 and by sect. 80 (1) the county councils are empowered to re- 
 move difficulties arising in connection with the first election of 
 parish councillors. 
 
 As to the election of parish councillors generally, see sect. 48 
 and the note to that section. As to acceptance of office by 
 a parish councillor, see the first schedule, part ii. (1^. As to 
 casual vacancies on a parish council and resignation of office 
 by a parish councillor, see sect. 47. 
 
 Meetings of parish council. — By sect. 78 (2) the first meeting 
 of a parish council is to be convened by the chairman of the 
 parish meeting at which the first parish councillors are 
 nominated, or, in his default, by the clerk of the guardians ; 
 and by sect. 80 (1) the county council are empowered to re- 
 move any difficulty that may arise with respect to the first 
 meeting of a parish council. As to the convening of parish 
 meetings generally, see the first schedule, part ii. By sect. 4, 
 schoolrooms and rooms maintainable out of local rates are in 
 certain cases made available for meetings of a parish council ; 
 and by sect. 61 a meeting of a parish council is not, except 
 where no other suitable room is available, either free of charge 
 or at a reasonable cost, to be held in premises licensed for the 
 sale of intoxicating liquor. 
 
 Corporate character of the parish council. — A few observations 
 as to the legal position of a corporation established by statute 
 for the purpose of local government may not be out of place at 
 this point. 
 
 (1) Tanner v. Carter, Banks v. Banks v. Mansell, 55 L. J. Q. B. 
 
 Mansell (1885), 16 Q. B. D. 231 ; 27. 
 
 53 L. T. 663 ; 34 W. R. 41 ; Colt. (2) 52 & 53 Vict. c. 63, s. 34, 
 
 435 > S. C. C. nom. Tannery. Castor, set out in the note to sect. 75.
 
 I.] Constitution of Parish Meetings and Parish Councils. 13 
 
 Broadly speaking, a corporation has, for the purposes for 56 & 57 Vict. 
 which it is established, the rights and duties of a natural person c. 73. s - 3. n - 
 subject to the necessary limitations due to its not being an 
 actual person, and to any limitations that may be imposed 
 on it by statute. It may sue and be sued, may enter into 
 agreements and possess property, is responsible civilly for 
 injuries it does, and is even liable to criminal proceedings for 
 acts of a technically criminal character of which it is guilty. 
 
 The powers of a corporation established for definite purposes 
 are, however, limited to those purposes. Not only is such a 
 corporation not justified in embarking upon transactions which 
 are foreign to the purposes for which it was established ; but 
 such transactions are regarded as being beyond the powers, or 
 as it is usually expressed, " ultra vires" of the corporation, and 
 the corporation is regarded as being in a sense incapable of 
 performing any act connected with such transactions. For 
 example, a contract entered into by a corporation beyond the 
 scope of the purposes • for which it is established is void and 
 unenforceable either by or against the corporation. 1 
 
 It follows, from the principle above stated, that the power of 
 a parish council to expend their funds is limited to purposes 
 expressly or implicitly authorized by statute, and that the 
 expenditure of such funds for any other purposes is unlawful 
 It may be well to add that, if a parish council should expend 
 their funds for any unlawful or unauthorized purpose, it will be 
 the duty of the auditor, by whom their accounts are audited 
 under sect. 58, post, to disallow the expenditure, and to take 
 steps to compel persons responsible for such expenditure to 
 refund the money out of their own pockets. 
 
 The duty of such a body as a parish council to apply their 
 funds to such purposes only as are authorized by statute may 
 be put upon another ground. Such a body is, to a considerable 
 extent, in the nature of a body of trustees administering funds 
 held upon what is technically a charitable trust; and any 
 diversion of their funds to purposes other than such as are 
 authorized by statute, is therefore a breach of trust. A local 
 authority may accordingly be restrained from misapplying their 
 funds by the Chancery Division of the High Court exercising 
 the jurisdiction over charitable trusts formerly vested in the 
 Court of Chancery. 2 
 
 Contracts with a parish council. — A corporation has almost 
 invariably a common seal ; indeed the possession of a common 
 seal has generally been regarded as one of the distinguishing 
 features of a corporation. And, though there are extensive 
 
 (1) See Ashbury Railway Car- Seward Brice's treatise on the 
 
 riage, &>c, Co. v. Riche (1875), subject. 
 
 L. R. 7 H. L. 653 ; 44 L. J. Ex. (2) A. G. v. Brown (1818), 
 
 185 ; 33 L. T. 450 ; 24 W. R. 794. I Swanst. 265 ; A. G. v. Eastlake 
 
 For full information with regard to (1853), II Hare, 205 ; A. G. v. 
 
 the difficult doctrine of ultra vires, Brecon (mayor, &c), 10 Ch. D. 
 
 reference may be made to Mr. 204 ; 48 L. J. Ch. 153 ; 40 L. T. 52.
 
 14 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, exceptions, the general rule of the law is that a corporation 
 c > 73* s « 3) n - cannot bind itself by contract except under its common 
 seal. 
 
 The intention of sub-sect. (9) appears to be that signature 
 by the chairman and two members of a parish council shall be 
 necessary and sufficient to give validity to any document that, 
 in the case of an ordinary corporation, would require sealing 
 with the common seal, except where the document would 
 require sealing if it were executed by a private person, in 
 which case the document is to be executed under the hands 
 and seals of the chairman and two members. 
 
 In order to ascertain in what cases a parish council will be 
 bound by a contract entered into without the formalities required 
 by sub-sect. (9), it becomes therefore necessary to inquire what 
 exceptions there are, in the case of statutory non-commercial 
 corporations such as local authorities, from the rule requiring 
 the contracts of a corporation to be under seal. 
 
 Formerly the only recognized exception from the general 
 rule was in the case of contracts relating to small matters 
 which from their frequent occurrence, or for some other 
 reason, could not practicably be formally made ; the principle 
 of the exception being "convenience amounting almost to' 
 necessity." 1 
 
 Latterly the exception, in the case of commercial corporations, 
 has been so extended as almost to swallow up the rule. But, 
 as to the exceptions in the case of non-commercial corporations, 
 the recent cases are hardly to be reconciled with each other. 2 
 It has been suggested that they support the following ex- 
 ceptions : (1) where the contract is necessary and incidental 
 to the purposes for which the corporation was created, and 
 (2) where the contract has been executed by the other party, 
 and the corporation has received the benefit of it. 
 
 Neither of these exceptions can however be regarded as 
 fully established. In all the cases where a contract not under 
 seal has been held binding on a non-commercial corporation 
 the contract appears to have fulfilled both conditions ; that is 
 to say to have been executed so that the corporation has had 
 the benefit of it, and to have been necessary and incidental 
 to the purposes for which the corporation was created. 3 
 
 (1) Church v. Imperial Gas, &c, (3) Sanders v. St. Neots (guar- 
 Co. (1838), 6 A. & E. 846, at dians) (1846), 8 Q. B. 810 ; 15 L. J. 
 p. 861 ; S. C. 3 N. &|P. 35 ; 7 L. J. M. C. 104 ; 10 Jur. 566, but as to 
 Q. B. 118. See also Arnold v. this case, see per Parke, B., in Smart 
 Poole {mayor, &c.) (1842), 4 M. & v. West Ham {guardians), post, p. 
 Gr. 860; 12 L. J. C. P. 97, where 15; Clarke v. Cuckfield {guardians) 
 the old authorities are collected. (1852), 21 L. J. Q. B. 349; 16 
 
 (2) See per Lord Blackburn, in Jur. 686 ; Haigh v. North Bierley 
 Young v. Leamington (mayor, &>c.) (guardians) (1858), E. B. & E. 873 ; 
 (1883), 8 App. Cas. 517, at p. 522; 28 L. J. Q. B. 62 ; 5 Jur (N.s.) 
 S. C. 52 L. J. Q. B. 713; 49 511; 6 W. R. 679; Nicholson v. 
 L. T. 1 ; 31 W. R. 925 ; 47 J. P. Bradfield (guardians) (1866), L. R. 
 660. I Q. B. 620 ; 35 L. J. Q. B. 176 ;
 
 I.] Constitutio?i of Parish Meetitigs and Parish Councils. 15 
 
 In the cases cited below, 1 contracts not under seal, of which 56 & 56 Vict, 
 corporations have had the benefit, have been held to be c - 73, s. 3, n. 
 unenforceable against the corporation, expressly on the ground 
 that they were for purposes not incidental or necessary to the 
 purposes for which the corporation was established. The 
 attempts to enforce an executory contract not under seal 
 against a non-commercial corporation appear hitherto to have 
 failed. 2 
 
 Against the cases cited in notes (3), p. 14 and (1), infra, must 
 be set certain cases in which executed contracts, of which the 
 corporation had had the benefit, and which appear to have 
 been necessary and incidental to the purposes for which the 
 corporation was created, have been held to be unenforceable. 3 
 Probably, however, these cases must be regarded as overruled, 
 and the rule may be considered established that a contract 
 which is necessary and incidental to the purposes for which a 
 corporation is established, and of which the corporation has 
 had the benefit, may be enforced against the corporation, 
 though not under seal. 4 
 
 It should be mentioned that certain of the " Adoptive Acts," 5 
 require contracts entered into in pursuance of their provisions 
 to be made with special formalities. The validity of an in- 
 formal contract entered into by a parish council acting in the 
 execution of such an Act, will of course depend on the terms 
 of the Act in question. 6 
 
 Where a corporation has executed its part of a contract not 
 under its seal, it may enforce the contract against the other 
 party. 7 
 
 It should be observed that a local authority may lawfully 
 
 14 L. T. 830 ; 14 W. R. 731 ; see on this subject to Hunt v. Wimble- 
 
 also Scott v. Clifton {school board) don {local board) (1878), 4 C. P. D. 
 
 (1884), 14 Q. B. D. 500 ; 52 L. T. 48 ; 48 L. J. C. P. 207 ; 40 L. T. 
 
 105; 33 W. R. 368; C. & E. 115; 27 W. R. 123, and Young v. 
 
 435, where, however, the decision Leamington {mayor, &c), ante, 
 
 partly turned on special statutory p .14. 
 
 provisions. The last cited case (5) As to these Acts, see sect. 7, 
 
 was afterwards affirmed in the and the note to that section. 
 Court of Appeal but the decision (6) See the cases cited in note (4). 
 
 is not reported. (7) Fishmongers' Co. v. Robertson 
 
 (1) Paine v. Strand {guardians) (1843), 5 M. & Gr. 131 ; 12 L. J. 
 (1846), 8Q. B. 326; 15L.J.M.C. C. P. 185. An obiter dictum in 
 89 ; 10 Jur. 308 ; Phelps v. Upton this case to the effect that if a 
 Snodbury (higlnvay board) (1887), corporation should take proceed- 
 C. & E. 524 ; 49 J. P. 408. ings upon an informal contract, 
 
 (2) Dyte v. St. Pancras (guar- that would amount to an admission 
 dians) (1872), 27 L. T. 342 ; Austin on their part that the contract was 
 v. Bethnal Gi-een (guardians) (1874), binding on them, and have the 
 L. R. 9 C. P. 91 ; 43 L. J. C. P. effect of rendering the contract so 
 100 ; 29 L, T. 807 ; 22 W. R. 406. binding, has, it should be men- 
 
 (3) Lamprell v. Billericay (guar- tioned, been overruled : Kidder- 
 dians) (1849), 3 Ex. 283 ; 18 L. J. minster {mayor, &>c.) v. Hardwick 
 Ex. 282 ; Smart v. West Ham (1873) L. R. 9 Ex. 13 ; 43 L. J. 
 (guardians) (1855), 10 Ex. 867. Ex. 9. 
 
 (4) Reference may also be made
 
 1 6 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, apply their funds towards performing their part of a contract 
 c. 73, s. 3, n. which is otherwise unobjectionable, though it may for want of 
 seal be unenforceable. 1 
 
 By the first schedule, part iii. (4), an instrument purporting 
 to be executed in the manner prescribed by sub-sect. (9) is, 
 until the contrary is proved, to be deemed to have been duly 
 so executed. 
 
 Liability of parish council in respect of wrongs. — It is well 
 established that corporations, including corporate local authori- 
 ties, are liable in almost all respects like private persons for 
 injuries they wrongfully cause to others, and that their funds 
 are applicable to the discharge of such liabilities. 2 
 
 Where an Act of Parliament confers powers on a public 
 body it is sometimes difficult to determine whether the Act is 
 intended to enable the powers to be exercised notwithstanding 
 that their exercise may be productive of such injury to some 
 person as would, but for the Act, be actionable ; or whether 
 on the other hand the Act is merely intended to authorize the 
 powers to be exercised so far as may be done without causing 
 such injury. 
 
 In the former case no action will lie in respect of injury 
 caused by the exercise of the powers with due skill and care. 
 " No action will lie for doing that which the legislature has 
 authorized, if it be done without negligence, although it does 
 cause damage to anyone." 3 In accordance with this principle 
 it has for example been held that no action lies in respect of 
 injury caused by sparks from locomotives running on a 
 railway worked under statutory powers. 4 
 
 In the latter case the public body are liable as if they were 
 private persons acting without statutory powers. Thus it was 
 held that the managers of the metropolitan asylum district, 
 though they had power to erect a small-pox hospital, might be 
 restrained by injunction from erecting a hospital in such a 
 situation as to cause injury to a neighbouring land owner. 5 
 
 The question of the liability of a public body to proceedings 
 of a criminal nature in respect of public mischief caused by the 
 exercise of their powers depends on exactly the same principle 
 
 (1) Reg. v. Brest (i&$o), 16 Q. B. Co. (i860), 5 H. & N. 679; 29 
 32 ; Reg. v. Norwich (mayor) (1882), L. J. Ex. 247; 6 Jur. (n.s.) 899; 
 30 W. R. 752 ; and see Bourne- 2 L. T. 394 ; 8 W. R. 549 ; see 
 mouth (commissioners) v. Watts also Hammersmith and City Rly. 
 (1884), 14 Q. B. D. 87; 54 L. J. Co. v. Brand (1869), L. R. 4 H. L. 
 Q. B. 93 ; 51 L. T. 823 j 33 W. R. 171 ; 38 L. J. Q. B. 265 ; 21 L. T. 
 280 ; 49 J. P. 102. 238; 18 W. R. 12; London 
 
 (2) Mersey Docks and Harbour Brighton and South Coast Rly. Co. 
 Board Trustees v. Gibbs (1866), v. Truman (1885), 11 App. Cas. 
 L. R. 1 H. L. 93 ; 35 L. J. Ex. 45 ; 55 L. J. Ch. 354 ; 54 L. T. 
 225 ; 12 Jur. (N.s.) 571 ; 14 L. T. 250; 50 J. P. 388. 
 
 677 ; 14 W. R. 872. (5) Metropolitan Asylum District 
 
 (3) Per Lord Blackburn in Geddis (managers) v. Bill (1881), 6 App. 
 v. Bann Reservoir (proprietors) Cas. 193 ; 50 L. J. Q. B. 353 ; 44 
 (1878), 3 App. Cas. 430. at p. 455. L. T. 653 ; 45 J. P. 664. 
 
 (4) Vaughan v. Taff Vale Rly.
 
 I.] Constitution of Parish Meetings and Parish Councils. 17 
 
 as the question of their liability to an action in respect o^ 56 & 57 Vict, 
 private injuries caused thereby. 1 c. 73, s. 3, n. 
 
 Whether a local authority are liable in respect of injuries 
 resulting to any person from a mere omission to discharge 
 their duties depends upon the terms and intention of the 
 particular enactments imposing the duty. 2 
 
 Legal proceedings against parish council. — A parish council 
 will be entitled to the benefit of the stringent conditions imposed 
 on persons taking legal proceedings against public authorities 
 by the Public Authorities Protection Act, 1893. 3 
 
 Sect. 4. — (1.) In any rural parish in which there is no Use of 
 suitable public room vested in the parish council or in schoolroom, 
 the chairman of a parish meeting and the overseers which 
 can be used free of charge for the purposes in this sec- 
 tion 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 pur- 
 pose 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 53 & 54 Vict. 
 
 Allotments Act, 1890, or otherwise as the Local c. 65. 
 
 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 
 
 (d) the candidature of any person for the district 
 
 council or the parish council ; or 
 
 (e) any committee or officer appointed, either by the 
 
 parish meeting or council or by a county or 
 district council, to administer public funds 
 within or for the purposes of the parish 
 any suitable room in the schoolhouse of any public 
 elementary school receiving a grant out of moneys pro- 
 vided by Parliament, and any suitable room the expense 
 of maintaining which is payable out of any local rate : 
 Provided that this enactment shall not authorise the 
 
 (1) See, in addition to the cases 441 ; 46 L. J. Ex. 775; 36 L. T. 
 above cited, Rex v. Pease (1832), 761 ; 25 W. R. 794. 
 
 4 B. & Ad. 30 ; 1 N. & M. 690. (3) 56 & 57 Vict. 61, set out in 
 
 (2) Atkinson v. Newcastle, &c., the Appendix. 
 Waterworks Co. (1877), 2 Ex. D. 
 
 C
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict. 
 c. 73, s. 4. 
 
 use of any room used as part of a private dwelling-house, 
 nor authorise any interference with the school hours of 
 an elementary day or evening school, nor, in the case of 
 a room used for the administration of justice or police, 
 with the hours during which it is used for these purposes. 
 
 (2.) If, by reason of the use of the room for any of the 
 said purposes, any expense is incurred by the persons 
 having control over the room, or any damage is done to 
 the room or to the building of which the room is part or 
 its appurtenances, or the furniture of the room or the 
 apparatus for instruction, the expense or damage shall be 
 defrayed as part of the expenses of the parish meeting or 
 parish council or inquiry as the case may be; but when 
 the meeting is called for the purpose of the candidature 
 of any person, such expense or damage shall be reim- 
 bursed to the parish meeting or the parish council by 
 the persons by whom or on whose behalf the meeting is 
 convened. 
 
 (3.) If any question arises under this section as to what 
 is reasonable or suitable, it may be determined, in the 
 case of a schoolhouse by the Education Department, in 
 the case of a room used for the administration of justice 
 or police by a Secretary of State, and in any other case 
 by the Local Government Board. 
 
 Note. Allotments. — The provisions of the present Act as 
 to allotments are contained in sects. 6, 9, and 10. The Allot- 
 ments Acts, 1887 l and 1890, 2 will be found in the Appendix. 
 Sect. 5 of the latter Act contains provisions as to the use of a 
 schoolroom for the purpose of inquiries, &c, under that Act, 
 and of public meetings to discuss questions relating to allot- 
 ments. 
 
 Public elementary school. — The expression "elementary 
 school" is defined in sect. 75 (2). 
 
 Parish 
 council tu 
 appoint 
 overseers. 
 
 Poivers and Duties of Parish Councils and Parish Meetings. 
 
 Sect. 5. — (1.) The power and duty of appointing over- 
 seers of the poor, and the power of appointing and re- 
 voking the appointment of an assistant overseer, for every 
 rural parish having a parish council, shall be transferred 
 to and vested in the parish council, and that council shall 
 in each year, at their annual meeting, appoint the over- 
 seers of the parish, and shall as soon as may be fill any 
 casual vacancy occurring in the office of overseer of the 
 
 (1) 50 & 51 Vict. c. 48. 
 
 (2) 53 & 54 Vict. c. 65.
 
 I.] Powers and Duties of Parish Councils and Meetings. 1 9 
 
 parish, and shall in either case forthwith give written 56 & 57 Vict, 
 notice thereof in the prescribed form to the board of c - 73. s. 5- 
 guardians. 
 
 (2.) As from the appointed day — 
 
 (a.) the churchwardens of every rural parish shall 
 cease to be overseers, and an additional number 
 of overseers may be appointed to replace the 
 churchwardens, and 
 
 (b.) references in any Act to the churchwardens and 
 overseers shall, as respects any rural parish, 
 except so far as those references relate to the 
 affairs of the church, be construed as references 
 to the overseers, and 
 
 (c.) the legal interest in all property vested either in 
 the overseers or in the churchwardens and 
 overseers of a rural parish, other than property 
 connected with the affairs of the church, or held 
 for an ecclesiastical charity, shall, if there is a 
 parish council, vest in that council, subject to 
 all trusts and liabilities affecting the same, and 
 all persons concerned shall make or concur in 
 making such transfers, if any, as are requisite 
 for giving effect to this enactment. 
 
 Note. Transfer of power and duties. — The powers and duties 
 of the parish council, under sub-sect. (1), are, it will be observed, 
 transferred to them partly from the vestry and partly from the 
 justices. Provisions as to the construction of enactments 
 relating to powers and duties so transferred are contained in 
 sect. 52 (5). 
 
 Appointment of overseers. — With regard to the appointment 
 of overseers in a rural parish not having a separate parish 
 council, see sect. 19. As to the appointment in a parish 
 in a borough or other urban district, or in London, see 
 sect. 33. 
 
 By the first schedule, part ii. (3), the first business at the 
 annual meeting of a parish council is to be the election of a 
 chairman and the appointment of the overseers. 
 
 Sect. 50 provides that if due notice of the appointment of 
 overseers is not received by the guardians within three weeks 
 after the 15th April, or after the occurrence of a vacancy in 
 the office of overseer, as the case may be, the guardians are to 
 make the appointment or fill the vacancy. The expression 
 "prescribed" means, under sect. 75 (2), prescribed by the 
 Local Government Board. 
 
 Hitherto the appointment of overseers has in general been 
 made by the justices under the authority either of the Poor 
 Relief Act, 1 60 1, 1 which enacts that "the churchwardens of 
 
 (1) 43 Eliz. c. 2, s. 1. 
 
 2
 
 20 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, every parish, and four three or two substantial householders 
 c. 73> s - 5i n - there ... to be nominated yearly . . . under the hand and 
 seal of two or more justices of the peace . . . shall be called 
 overseers of the poor of the same parish," or of the Poor 
 Relief Act, 1662, 1 which provides for the yearly appointment 
 in places to which that Act applies 2 of two or more overseers 
 of the poor " according to the rules and directions " in the 
 Poor Relief Act, 1601, above mentioned. 
 
 It will be observed that under the earlier of these enact- 
 ments the whole body of overseers consists of the church- 
 wardens as ex officio overseers and of from two to four appointed 
 overseers. The expression " overseer " is sometimes used as 
 applying to the appointed overseers only, sometimes as in- 
 cluding churchwardens where they act as overseers, sometimes 
 as including also assistant overseers and other parish officers 
 discharging functions of overseers, and sometimes as including 
 also persons discharging the functions of overseers under local 
 Acts. 
 
 Number of overseers — Under the above-mentioned enact- 
 ments the appointment of one overseer only, 3 or of more than 
 four overseers, 4 was bad. Now, however, under certain statutes 
 referred to below, one overseer only may in some cases be 
 appointed. 
 
 Qualification for the office. — The overseers are by the Poor 
 Relief Act, 1 60 1, 5 required to be "substantial householders" 
 in the parish. 
 
 In order to be a householder in a parish it is necessary that 
 a person should occupy a house there independently ; and 
 where a servant lives in premises belonging to his master with- 
 out payment, as part remuneration for his services, the question 
 whether he is a householder within the meaning of the Act 
 depends upon whether the servant's use of the premises is 
 subservient and necessary to the service or not ; if it is, the 
 premises remain in the occupation of the master, and the 
 servant is not a householder. 6 A person occupying a house in 
 a parish is a householder there, although resident in another 
 parish. 7 A woman may be appointed overseer. 8 The pro- 
 vision that the overseers are to be substantial householders 
 must be read relatively ; the appointment of poor persons is 
 not improper where there are no better persons to be found. 9 
 
 By the Poor Relief Act, 1819, 10 a person who is rated to the 
 
 (1) 14 Car. II., c. 12, ss. 21, 22. (6) Reg. v. Spurrell (1865), L. R. 
 
 (2) See further the note to s. 36, 1 Q. B. 72 ; 35 L. J. M. C. 74 ; 
 post. 12 Jur. (n.s.) 208; 13 L. T. 364; 
 
 (3) Rex v. Clifton {inhabitants') 14 W. R. 81. 
 
 (1802), 2 East, 168 ; Reg. v. Cousins (7) Rex v. Poynder (1823), 2 
 
 (1864), 4 B. & S. 849; 33 L. J. D. & R. 258; 1 B. & C. 178. 
 M. C. 87 ; 10 Jur. (n.s.) 722 ; 9 (8) Rex v. Stubbs (1788), 2 T. R. 
 
 L. T. 686; 12 W. R. 374. 395. 
 
 (4) Rex v. Loxdale (1758), 1 (9) lb. 
 
 Burr. 445. (10) 59 Geo. III. c. 12, s. 6. 
 
 (5) 43'Eliz. c. 2, s. 1.
 
 I.] Powers and Duties of Parish Councils and Meetings. 21 
 
 poor rate of the parish, and who is a householder resident 56 & 57 Vict., 
 within two miles from the church or chapel of the parish, or c. 73, s. 5, n. 
 where there is no church or chapel, within one mile from the 
 boundary of the parish, may, with his consent, be appointed 
 overseer though not a householder within the parish. And 
 the Poor Law Amendment Act, 1866, 1 authorises the appoint- 
 ment of one overseer only where two cannot be conveniently 
 appointed from the inhabitant householders of the parish, and 
 further authorises " where there is no such householder liable 
 or fit to be appointed," the appointment of some inhabitant 
 householder of an adjoining parish, willing to serve, either 
 with or without an annual salary to be paid out of the poor 
 rate of the parish for which the appointment is made. 
 
 Disqualifications for the office. — The following persons are 
 disqualified by statute for the office of overseer : Persons at 
 the time of a proposed appointment in any parish " engaged 
 or directly or indirectly concerned in any contract for the 
 supply of goods, wares, materials, or provisions for the work- 
 house, or for the relief of the poor in such parish or in the 
 union comprising such parish." 2 ; a master of a workhouse or 
 a relieving officer ; 3 an assistant overseer ; 4 persons who have 
 been convicted of felony, fraud, or perjury ; 5 persons who have 
 been summarily convicted under the Poor Law Amendment 
 Act, 1834, of purloining, embezzling, or wilfully wasting or 
 misapplying property belonging to a parish or union ; 6 persons 
 found guilty of certain offences in connection with parlia- 
 mentary and other elections, including elections under the 
 present Act ; 7 and persons adjudged bankrupt. 8 The dis- 
 qualification of a bankrupt ceases, however, if and when the 
 adjudication is annulled, or the bankrupt obtains his discharge 
 with a certificate that his bankruptcy was caused by misfortune 
 without any misconduct on his part ; or, if he is discharged 
 without such a certificate, after the lapse of five years from the 
 date of his discharge. 9 
 
 Compulsory service as overseer. — An inhabitant householder 
 in a parish not disqualified, is bound to serve as overseer if 
 appointed, and a refusal on his part so to serve is an indictable 
 misdemeanour. 10 
 
 Many statutes, however, contain provisions exempting various 
 
 (1) 29 & 30 Vict. c. 113, s. 11. 64 ; Municipal Elections (Corrupt 
 
 (2) Poor Law Amendment Act, and Illegal Practices) Act, 1884 
 
 1849 (12 & 13 Vict. c. 103), s. 6. (48 Vict. c. 70), ss. 2, 23, 28 (4) ; 
 
 (3) Poor Law Amendment Act, Local Government Act, 1888 (51 
 
 1850 (13 & 14 Vict. c. 101), s. 6. & 52 Vict. c. 41), s. 75 : and see 
 
 (4) Poor Law Amendment Act, s. 48 of the present Act. 
 
 1866 (29 & 30 Vict. c. 113), s. 10. (8) Bankruptcy Act, 1883 (46 & 
 
 (5) Poor Law Amendment Act, 47 Vict. c. 52), s. 32. 
 
 1834 (4 & 5 Will. IV. c. 76), s. 48. (9) lb. ; Bankruptcy Act, 1890 
 
 (6) lb. s. 97. (53 & 54 Vict. c. 71), s. 9. 
 
 (7) Corrupt and Illegal Practices (10) Rex v. Poynder (1823) 2 
 Prevention Act, 1883 (46 & 47 D. & R. 258 ; 1 B. & C. 178. 
 Vict. e. 51), ss. 6 (3), 38 (5), 43,
 
 22 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, persons from liability to serve as overseers against their wish. 
 c - 73 > s - 5> n - Such provisions exist in favour of apothecaries ; 1 the 
 clergy ; 2 commissioners and officers of customs ; 3 dentists 
 registered under the Dentists Act, 1878 ; 4 factory inspectors; 5 
 income tax commissioners certified under the Income Tax 
 Act, 1842 ; 6 inland revenue commissioners and persons in 
 their employ ; 7 medical practitioners registered under the 
 Medical Act, 1858 ; 8 ministers of dissenting congregations; 9 
 persons in the army reserve, 10 the militia, 11 the royal naval 
 volunteers, 12 or the royal naval coast volunteers ; 13 post office 
 officials; 14 registrars of births and deaths, or of marriages; 15 
 and Roman Catholic priests. 16 
 
 Appeal against the appointment- — Under the Poor Relief 
 Act, 1 60 1, 17 and the Poor Relief Act, 1743, 18 a person 
 appointed overseer by justices, or any other person aggrieved 
 by the appointment, may appeal to quarter sessions against 
 the appointment. 19 The appeal is not given by express words 
 but by general words giving an appeal against all acts of 
 justices under the Acts above mentioned. It seems, therefore, 
 that there will be no appeal in the case of an appointment 
 made by a parish council or a parish meeting. 
 
 The appointment of an overseer by justices may be removed 
 into the High Court by certiorari and there quashed where it 
 has been illegally made. 20 This remedy also appears to be 
 inapplicable in the case of an appointment made by a parish 
 council or parish meeting. 
 
 Appointment of assistant overseers. — As to the appointment 
 of assistant overseers in a rural parish not having a separate 
 parish council, see sect. 19. As to the appointment in a 
 parish in a borough, or other urban district, or in London, see 
 sect. 33. 
 
 The appointment of an assistant overseer by the vestry 
 and justices is authorised by the Poor Relief Act, 18 19, 21 
 which enacts that : — " It shall be lawful for the inhabitants of 
 any parish in vestry assembled, to nominate and elect any 
 discreet person or persons to be assistant overseer or overseers 
 of the poor of such parish, and to determine and specify the 
 
 (1) 6 & 7 W. & M. c. 4. s. 12. 
 
 (2) 1 W. & M. c. 18, s. 8. (15) 7 Will. IV. & 1 Vict. c. 22, 
 
 (3) 39 & 4° Vict. c. 36, s. 9. s. 18. 
 
 (4) 41 & 42 Vict. c. 33, s. 30. (16) 31 Geo. III. c. 32, s. 9 ; 31 
 
 (5) 41 Vict. c. 16, s. 67. & 32 Vict. c. 72, s. 9 ; 34 & 35 
 
 (6) 5 & 6 Vict. c. 35, s. 35. Vict. c. 48. 
 
 (7) 53 & 54 vict « c - 2I > s. 8. (17) 43 Eliz. c. 2, s. 5. 
 
 (8) 21 & 22 Vict. c. 90, s. 35. (18) 17 Geo. II. c. 38, s. 4. 
 
 (9) 52 Geo. III. c. 155, s. 9. (19) Rex. v. Forrest (1789), 3 
 (10) 45 & 46 Vict. c. 48, s. 7. T. R. 38. 
 
 (n) 52 Geo. III. c. 38, s. 197: (20) Rex. v. Great Marlow {in- 
 
 45 & 46 Vict. c. 49, s. 41. habitants), (1802), 2 East, 244; 
 
 (12) 22 & 23 Vict. c. 40, s. 7. Rex. v. Standard Hill (itihabitants), 
 
 (13) 16 & 17 Vict. c. 73, s. 8. (1815) 4 M. & S. 378. 
 
 (14) 7 Will. IV. & 1 Vict. c. 33, (21) 59 Geo. III. c. 12, s. 7.
 
 I.] Powers and Duties of Parish Councils and Meetings. 2 3 
 
 duties to be by [sic] or them executed and performed, and to fix 56 & 57 Vict. 
 
 such yearly salary for the execution of the said office as shall c. 73, s. 5, n, 
 
 by such inhabitants in vestry be thought fit ; and it shall be 
 
 lawful for any two of His Majesty's justices of the peace, and 
 
 they are hereby empowered, by warrant under their hands and 
 
 seals, to appoint any person or persons who shall be so 
 
 nominated and elected to be assistant overseer or overseers of 
 
 the poor, for such purposes, and with such salary, as shall have 
 
 been fixed by the inhabitants in vestry ; and such salary shall 
 
 be paid out of the money raised for the relief of the poor, at 
 
 such times and in such manner as shall have been agreed upon 
 
 between the inhabitants in vestry and the respective persons so 
 
 to be appointed ; and every person to be so appointed assistant 
 
 overseer shall be and he is hereby authorised and empowered 
 
 to execute all such of the duties of the office of overseer of the 
 
 poor as shall in the warrant for his appointment be expressed, 
 
 in like manner and as fully, to all intents and purposes, as the 
 
 same may be executed by any ordinary overseer of the poor ; 
 
 and every person or persons so appointed shall continue to be 
 
 an assistant overseer of the poor until he or they shall resign 
 
 such office, or until his or their appointment shall be revoked 
 
 by the inhabitants of the parish in vestry assembled, and no 
 
 longer." 
 
 Where the warrant of appointment of an assistant overseer 
 did not specify what duties he was to perform, it was held that 
 the appointment was good and that he must be taken to have 
 been appointed to perform all the duties of an overseer. 1 
 
 The justices are bound under the above enactment to 
 appoint any person nominated by the vestry. 2 
 
 In some parishes the power of appointing an assistant over- 
 seer is at present vested in the guardians under an order of 
 the Local Government Board or of their predecessors. 3 And 
 where such an order is in force the powers of the vestry and 
 justices to appoint an assistant overseer are at present in 
 abeyance by virtue of a provision in the Poor Law Amendment 
 Act, 1 844.* 
 
 By sects. 81 (6) and 89 of the present Act, "so much of any 
 enactment as authorises the appointment of assistant overseers 
 by a board of guardians," and also the last-mentioned provisions 
 of the Poor Law Amendment Act, 1844, are repealed as from 
 
 (1) Skingley v. Stirridge (1843), J. P. 296. 
 
 11 M. & W. 503 ; 12 L. J. M. C. (3) The power of the Local 
 
 122 ; 7 Jur. 773 ; Points v. Attivood Government Board to make such 
 
 (1848), 6 C. B. 38 ; 2 Lutw. Reg. an order appears to be derived from 
 
 Ca. 117; 18 L. J. C. P. 19; 13 sect. 61 of the Poor Law Amend- 
 
 Jur. 83. ment Act, 1844 (7 & 8 Vict. c. 101) : 
 
 (2) Reg. v. Shepley (1888), 22 see Reg. v. Poor Law Commissioners 
 Q. B. D. 96 ; 59 L. T. 696 ; 37 (1839), 9 A. & E. 911 ; 2 P. & D. 
 W. R. 27 ; 53 J. P. 261 ; S. C. 323 ; 8 L. J. M. C. 77 ; ##• ▼• 
 nom. Reg. v. Shipley, 58 L. J. M. C. Greene (1S5 2 ). *7 Q- B - 793; 2I 
 6 ; Underwood v. Jones (1891), 60 L. J. M. C. 137; 10 Jur. 663. 
 
 L. J. M. C. 58 ; 64 L. T. 144 ; 55 (4) 7 & 8 Vict. c. 101, s. 61.
 
 24 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, the appointed day. 1 After that day, therefore, no further 
 c 73, s. 5, n. appointment of an assistant overseer will be made by guardians. 
 Assistant overseers appointed by guardians and then in office 
 will continue to hold office under sect. 81 (4). 
 
 By sect. 62 of Poor Law Amendment Act, 1844, 2 the Local 
 Government Board have power, as successors of the Poor Law 
 Commissoners, to make orders directing a board of guardians 
 to appoint a collector of poor rates for any parish in their 
 union, and it is provided by the same section that the powers 
 of the inhabitants in vestry, or of justices, or of any persons 
 other than the guardians to appoint a collector for any such 
 parish shall cease. The latter part of the section is somewhat 
 obscurely expressed, seeing that there is no enactment under 
 which a vestry or justices have power to appoint a collector of 
 poor rates as such ; it seems, however, to mean that in a 
 parish where a collector of poor rates is appointed by the 
 guardians, the collection of poor rates must be excluded from 
 the duties of any assistant overseer appointed by the vestry, or, 
 under the present Act, by a parish council or meeting or other 
 body. 
 
 Disqualifications for the office of assistant overseer. — Section 10 
 of the Poor Law Amendment Act, 1866, 3 which disqualifies an 
 assistant overseer for the office of overseer likewise disqualifies 
 an overseer for the office of assistant overseer. The remaining 
 enactments above-mentioned disqualifying certain persons for 
 the office of overseer, with the exception of those relating to 
 bankrupts, apply also to the office of assistant overseer, 4 but 
 the Local Government Board may authorise a relieving officer 
 to hold the office. 5 
 
 Tenure of the office, &c— The Poor Relief Act, 1819, 6 
 enables the vestry to require an assistant overseer appointed 
 under that Act to give security for the faithful execution of his 
 office by bond made to the churchwardens and overseers. 
 The Poor Law Amendment Act, 1844, 7 requires an assistant 
 overseer appointed under the Act of 18 19 to give security to 
 the guardians for the discharge of his duty. It is not the 
 practice for an assistant overseer to give security under both 
 enactments. 
 
 An assistant overseer appointed under the Poor Relief Act, 
 1819, holds office during the pleasure of the vestry and will in 
 future in a rural parish hold office during the pleasure of a 
 parish council under the present section, or of the parish 
 
 (1) As to the appointed day see overseer; see s. 21 of the same Act, 
 sect. 84 (4). and the Poor Law Amendment 
 
 (2) 7 & 8 Vict. 101, s. 62. Act, 1834 (4 & 5 Will. IV. c. 76), 
 
 (3) 29 & 30 Vict. c. 113, s. 10. s. 109. 
 
 (4) The Poor Law Amendment (5) Poor Law Amendment Act, 
 Act, 1849 (12 & 13 Vict. c. 103), 1850 (13 & 14 Vict. c. ioi), 
 s. 6, refers in terms to overseers s. 6. 
 
 only, but the expression overseer (6) 59 Geo. III. c. 12, s. 7. 
 
 would seem to include an assistant (7) 7 & 8 Vict. c. 101, s. 61.
 
 L] Powers and Duties of Parish Councils and Meetings. 25 
 
 meeting under sect. ig,post, as the case may be. He is liable 56 & 57 Vict. 
 to dismissal by the Local Government Board under the Poor c 73, s. 5, n. 
 Law Amendment Act, 1834, 1 but the consent of that Board 
 to his dismissal by the vestry, parish council, or parish meeting, 
 as the case may be, is not necessary. 
 
 Churchwardens as ex officio overseers. — 'The churchwardens 
 are ex officio overseers under the Poor Relief Act, 1601, 2 only 
 in the case of an ancient ecclesiastical parish for which over- 
 seers are appointed under that Act. Thus where an ancient 
 ecclesiastical parish is sub-divided into several poor-law parishes, 
 the churchwardens of the ecclesiastical parish are not ex officio 
 overseers for the poor-law parishes. 3 Nor is a chapelwarden, 
 appointed for a township forming part of an ecclesiastical 
 parish, an ex officio overseer, even though the township be a 
 poor-law parish.* 
 
 Legal interest in parish property. — The Poor Relief Act, 1819, 5 
 enabled the churchwardens and overseers of a parish to acquire 
 lands and buildings for certain purposes, 6 and provided that all 
 buildings, lands, and hereditaments acquired by the church- 
 wardens and overseers under that Act should be assured to the 
 churchwardens and overseers of the parish and their successors, 
 and that such churchwardens and overseers and their successors 
 should and might " accept, take, and hold, in the nature 
 of a body corporate, for and on behalf of the parish, all such 
 buildings, lands, and hereditaments, and also other buildings, 
 lands, and hereditaments belonging to such parish." 7 
 
 This enactment has not the effect of constituting the church- 
 wardens and overseers a corporation to all intents and purposes 
 so as to invest them with all the common law attributes of a 
 corporation ; it merely places them in the position of a cor- 
 poration for the specific purposes mentioned. 8 It has the 
 effect of vesting freehold and leasehold lands held for the 
 general benefit of the parish, that is for purposes to which the 
 poor rate or the church rate are applicable, in the church- 
 wardens and overseers, where the trustees, if any, of such land 
 cannot be found ; and it has this effect in the case of land 
 granted to the parish before the passing of the Act. 9 
 
 (1) 4 & 5 Will. IV. c. 76. s. 48. Will. IV. c. 69), s. 4. 
 
 (2) 43 Eliz. c. 2, s. 1. (7) 59 Geo. III. c. 12, s. 17. 
 
 (3) Rexv.Nantwich{i?ihabitants) (8) Smith v. Adkins (1841), 8 
 (1S12), 16 East. 228. • M. & W. 362; 1 D. N. S. 129; 
 
 (4) Rex v. Yorkshire {justices) Gouldsworth v. Knights (1843), 11 
 (1837) 6 A. & E. 863 M. & W. 337. 
 
 (5) 59 Geo. III. c. 12. (9) Doe d. Jackson v. Bitty 
 
 (6) lb. ss. 8, 10,12. The powers (1830), 10 B. & C. 885; 5 Man. 
 of the churchwardens and overseers & R. 706 ; Doe d. Higgs v. Terry 
 for the acquisition of land under (1835), 4 A. & E. 274 ; 5 N. & M. 
 these sections have been transferred 556 ; 1 Har. & W. 547 ; Doe d. 
 to the guardians, by the Poor Law Hobbs v. Cockell (1836), 4 A. & E. 
 Amendment Act, 1834 (4 & 5 Will. 478 ; S. C. nom. Doe d. Higgs v. 
 IV. c. 76), s. 21, and the Union and Cockell, 6 N. & M. 179 ; 5 L. J. 
 Parish 1'roperty Act, 1835 (5 & 6 M - c - 8l '■> Alderman v. Neate
 
 26 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c 73. s. 5» n - 
 
 Transfer of 
 certain 
 powers of 
 vestry and 
 other 
 
 authorities 
 to parish 
 council. 
 
 On the other hand it does not apply to copyhold land, 1 nor 
 to land held upon special trusts, such as a trust for the appren- 
 ticing of poor boys or the distribution of loaves of bread, -2 nor 
 apparently to land held upon trust for the parish by known 
 trustees. 3 
 
 The Act apparently applies to the overseers in town- 
 ships, &c, where the churchwardens are not ex officio over- 
 seers, but the point does not seem to have been decided. 4 
 
 Various modern Acts authorise the churchwardens and 
 overseers to acquire and hold property for different purposes. 5 
 
 Sub-sect. (2, c) of the present section, it will be observed, 
 relates only to the legal interest in parish property. Any active 
 powers as to the management of the property thereby trans- 
 ferred to the parish council that may be possessed by the over- 
 seers, or churchwardens and overseers, are transferred to the 
 parish council by sect. 6 (1, c, hi.). 
 
 As to the legal interest in parish property in a parish not 
 having a separate parish council, see sect. 19. 
 
 By sect. 70 a summary method is provided of determining 
 any question that may arise as to whether any property is or is 
 not vested in the parish council. 
 
 Affairs of the Church. Ecclesiastical charity. — These ex- 
 pressions are defined in sect. 75 (2), 
 
 Sect. 6. — (1.) Upon the parish council of a rural 
 parish coming into office, there shall be transferred to 
 that council : — 
 
 (a.) The powers, duties, and liabilities of the vestry of 
 the parish except — 
 (i.) so far as relates to the affairs of the church or to 
 
 ecclesiastical charities ; and 
 (ii.) any power, duty, or liability transferred by this 
 Act from the vestry to any other authority : 
 
 (1839), 4 M. & W. 704 ; St. Nicholas, 
 Deptjord (Churchwardens, &>c.) v. 
 Sketchley (1847), 8 Q. B. 394; 17 
 L. J. M. C. 17 ; 12 Jur. 38 ; Ex 
 parte Nicholls, Re Hackney Chari- 
 ties (1864), 34 L. J. Ch. 169; 10 
 Jur. (N.s.) 941 ; 11 L. T. 35; 12 
 W. R. 1129, reversed in the Court 
 of Appeal on grounds not affecting 
 the construction of the enactment 
 in question, 4 De G. J. & S. 588 ; 
 34 L. J. Ch. 176 ; II Jur. (n.s.) 
 126; 11 L. T. 758; 13 W. R. 
 398 ; see also Haigh v. West (1893), 
 L. R. [1893] 2 Q. B. 19 ; 62 L. J. 
 Q. B. 532; 69 L. T. 165; 57 J. P. 
 
 358. 
 
 (1) A. G. v. Leurin (1837), 8 
 Sim. 366 ; Re Paddington charities 
 (1837), 8 Sim. 629; Doe d. Bailey 
 
 v. Foster (1846), 3 C. B. 215. 
 
 (2) A. G. v. Lewin, ubi sup. ; 
 Allason v. Stark (1838), I P. & D. 
 183 ; 9 A. & E. 255 ; Ex parte 
 Nicholls, Re Hackney Charities, 
 ubi sup. 
 
 (3) St. Nicholas, Deptford (church- 
 wardens, &>c.) v. Sketchley, ubi sup., 
 expressly overruling on this point 
 Rumball v. Munt (1846), 8 Q. B. 
 382 ; 15 L. J. Q. B. 180 ; 10 Jur. 
 539, and also impliedly overruling 
 Ex parte Annesley (1836), 2 Y. & C. 
 Ex. 350, and Doed. Edneyv. Billett 
 (1845), 7 Q- B. 976 ; 14 L. J. Q. B. 
 343 ; 9 J ur - 662. 
 
 (4) 59 Geo. III. c. 12, s. 35. 
 
 (5) See, e.g., the provisions of the 
 Inclosure Acts referred to in the 
 note to the next section.
 
 I.] Powers and Duties of Parish Coimcils and Meetings. 27 
 
 (&.) The powers, duties, and liabilities of the church- 56 & 57 Vict, 
 wardens of the parish, except so far as they c - 73. s - 6 - 
 relate to the affairs of the church or to charities, 
 or are powers and duties of overseers, but in- 
 clusive of the obligations of the churchwardens 
 with respect to maintaining and repairing closed 
 churchyards wherever the expenses of such 
 maintenance and repair are repayable out of 
 the poor rate under the Burial Act, 1855 : 
 Provided that such obligations shall not in the 
 case of any particular parish be deemed to 
 attach, unless or until the churchwardens sub- 
 sequently to the passing of this Act shall give 
 a certificate, as in the Burial Act, 1855, pro- 18 & 19 Vict. 
 vided, in order to obtain the repayment of such c. 128. 
 expenses out of the poor rate, 
 (e.) The powers, duties, and liabilities of the overseers 
 or of the churchwardens and overseers of the 
 parish with respect to — 
 (i.) appeals or objections by them in respect of the 
 valuation list, or appeals in respect of the 
 poor rate, or county rate, or the basis of the 
 county rate ; and 
 (ii.) the provision of parish books and of a vestry 
 room or parochial office, parish chest, fire 
 engine, fire escape, or matters relating there- 
 to; and 
 (iii.) 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 recrea- 
 tion grounds or for gardens or otherwise for 
 the benefit of the inhabitants or any of 
 them ; 
 (d.) The powers exerciseable with the approval of the 
 Local Government Board by the board of 
 guardians for the poor law union comprising 
 the parish in respect of the sale, exchange, or 
 letting of any parish property. 
 (2.) A parish council shall have the same power of 
 making any complaint or representation as to unhealthy 
 dwellings or obstructive buildings as is conferred on 
 inhabitant householders by the Housing of the Working 53 & 54 Vict. 
 Classes Act, 1890, but without prejudice to the powers of c. 70. 
 such householders. 
 
 (3.) A parish council shall have the same power of
 
 28 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, making a representation with respect to allotments, and 
 c. 73, s. 6. f a ppiyi n g f or the election of allotment managers, as is 
 50 & 51 Vict, conferred on parliamentary electors by the Allotments 
 c. 48. Act, 1887, or the Allotments Act, 1890, but without 
 
 53 & 54 ^ ict ' prejudice to the powers of those electors. 
 
 (4.) Where any Act constitutes any persons wardens 
 for allotments, or authorises or requires the appointment 
 or election of any wardens committee or managers for the 
 purpose of allotments, then, after a parish council for the 
 parish interested in such allotments comes into office, the 
 powers and duties of the wardens, committee, or managers 
 shall be exercised and performed by the parish council, 
 and it shall not be necessary to make the said appoint- 
 ment or to hold the said election, and for the purpose of 
 55 & 56 Vict, section sixteen of the Small Holdings Act, 1892, two 
 c 31. members of the parish council shall be substituted for 
 
 allotment managers or persons appointed as allotment 
 managers. 
 
 Note. Transfer of powers, duties, and liabilities. — Defini- 
 tions of the several terms " powers," " duties," and " liabilities," 
 and of the expression " powers, duties, and liabilities," con- 
 tained in the Local Government Act, 1888, 1 are made applic- 
 able to the interpretation of the present Act by sect. 75 (1) 
 and are set out in the note to that section. 
 
 Sect. 67 provides for the manner in which, where powers 
 and duties are transferred from one authority to another, pro- 
 perty, debts and liabilities of the former authority connected 
 with such powers and duties shall also be transferred. Pro- 
 visions as to the construction of enactments relating to 
 functions transferred from the vestry or overseers, or church- 
 wardens and overseers, to a parish council or parish meeting 
 are contained in sect. 52 (5). By sect. 70 provision is made 
 for the summary determination of any question as to whether 
 any functions are or are not transferred by or under the Act 
 to any parish council. Sect. 68 affords means of effecting 
 adjustments rendered necessary by the transfer of functions or 
 otherwise for the purposes of the Act. Sects. 85-88 contain 
 savings for pending legal proceedings, existing debts, securities, 
 contracts, bye-laws, and the like. And by sect. 86 (2) it is 
 made the duty of every authority, whose powers, duties, and 
 liabilities are transferred by the Act, to liquidate so far as 
 practicable before the appointed day all current debts and 
 liabilities incurred by such authority. 
 
 Exceptions with regard to ecclesiastical charities, &c. — It will 
 be observed that from among functions transferred to the 
 parish council by the present section, functions relating to the 
 
 (1) 51 & 52 Vict. c. 41, s. 100.
 
 I.] Powers and Duties of. Parish Councils and Meetings. 29 
 
 " affairs of the church " or to " ecclesiastical charities " are 56 & 57 Vict, 
 excepted. These expressions are defined in sect. 75 (2). c. 73, s. 6, n. 
 
 Powers, &>c, of the vestry. — The expression " vestry " is 
 defined by sect. 75 (2), as meaning in relation to a parish 
 " the inhabitants of the parish whether in vestry assembled or 
 not," and as including " any select vestry either by statute or 
 at common law." 
 
 In a parish not having a separate parish council the 
 functions of the vestry, with the same exceptions as in the 
 present section are, by sect. 19, subject, if the parish is grouped, 
 to the provisions of the grouping order, transferred to the 
 parish meeting. 
 
 Mention is made later in the present note of the functions 
 of vestries as to appeals against valuation lists ; * as to the 
 provision of vestry-rooms, 2 parochial offices, 3 and fire engines 
 and fire escapes ; 4 and as to allotments under the Poor Relief 
 Act, 181 9, and Local Inclosure Acts. 5 And mention is made 
 elsewhere in the work of the functions of the vestry as to the 
 appointment of assistant overseers, 6 the adoption and execu- 
 tion of the " Adoptive Acts," 7 highways, 8 charities, 9 and the 
 custody of parish documents. 10 
 
 The following functions of the vestry transferred to the 
 parish council by sub-sect. (1, a) may be mentioned at this 
 point : — ■ 
 
 Rating of small tenements. — The vestry are given most im- 
 portant powers in relation to the rating of small tenements by 
 the 3rd and 4th sections of the Poor Rate Assessment and 
 Collection Act, 1869, 11 which are as follows : — 
 
 Sect. 3. " In case the rateable value of any hereditament 
 does not exceed twenty pounds, if the hereditament is situate 
 in the metropolis, or thirteen pounds if situate in any parish 
 wholly or partly within the borough of Liverpool, or ten 
 pounds if situate in any parish wholly or partly within the city 
 of Manchester or the borough of Birmingham, or eight pounds 
 if situate elsewhere, and the owner of such hereditament is 
 willing to enter into an agreement in writing with the overseers 
 to become liable to them for the poor rates assessed in respect 
 of such hereditament, for any term not being less than one 
 year from the date of such agreement, and to pay the poor 
 rates whether the hereditament is occupied or not, the over- 
 seers may, subject nevertheless to the control of the vestry, 
 agree with the owner to receive the rates from him, and to 
 allow to him a commission not exceeding twenty-five per cent, 
 on the amount thereof." 
 
 Sect. 4. " The vestry of any parish may from time to time 
 
 (1) See post, pp. 36, 37. (7) See sect. 7, and the note to 
 
 (2) See post, p. 43. that section. 
 
 (3) See post, p. 43. (8) See the note to sect. 13. 
 
 (4) See post, p. 44. (9) See sect. 14, and note. 
 
 (5) Seepost, pp. 45-50. (10) See sect. 17, and note. 
 
 (6) See the note to sect. 5. (il) 32 & 33 Vict. c. 41, ss. 3, 4.
 
 30 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, order that the owners of all rateable hereditaments to which 
 c. 73, s. 6, n. section three of this Act extends, situate within such parish, 
 shall be rated to the poor rate in respect of such rateable 
 hereditaments, instead of the occupiers, on all rates made 
 after the date of such order; and thereupon [and so long as 
 such order shall be in force the following enactments shall 
 have effect : 
 
 " 1. The overseers shall rate the owners instead of the 
 
 occupiers, and shall allow to them an abatement or 
 
 deduction of fifteen per centum from the amount of the 
 
 rate : 
 
 " 2. If the owner of one or more such rateable hereditaments 
 
 shall give notice to the overseers in writing that he is 
 
 willing to be rated for any term not being less than one 
 
 year in respect of all such rateable hereditaments of 
 
 which he is the owner, whether the same be occupied 
 
 or not, the overseers shall rate such owner accordingly, 
 
 and allow to him a further abatement or deduction not 
 
 exceeding fifteen per centum from the amount of the 
 
 rate during the time he is so rated : 
 
 " 3. The vestry may by resolution rescind any such order 
 
 after a day to be fixed by them, such day being not 
 
 less than six months after the passing of such resolution, 
 
 but the order shall continue in force with respect to all 
 
 rates made before the date on which the resolution takes 
 
 effect : 
 
 Provided that this clause shall not be applicable to any 
 
 rateable hereditament in which a dwelling-house shall not be 
 
 included." 
 
 The power to rate an owner who has given the notice 
 mentioned in sub-section 2 of sect. 4 ceases, as regards any 
 premises, upon such premises rising in value beyond the limit 
 specified in sect. 3, or apparently, if the order of the vestry be 
 rescinded. Whether an agreement under sect. 3 would cease to 
 operate if the rateable value of the premises should rise above 
 the specified limit, is doubtful. 1 
 
 Sect. 34, post, it may be mentioned, empowers the Local 
 Government Board in certain cases to transfer the powers of 
 the vestry of a parish in an urban district under the above 
 cited enactments to the district council, or some other repre- 
 sentative authority within the district. 
 
 Tramways. — The vestry of a rural parish are constituted the 
 " local authority " for their parish by the Tramways Act, 1870. 1 
 Under that Act the promoters of a tramway must in general, 
 before applying for a provisional order authorising the con- 
 struction of a tramway in any district, obtain the consent of 
 the local authority of the district, and also of the road authority 
 
 (1) Norwood (overseers) v. Salter 56 J. P. 535. 
 (1892), L.R. [1892], 2 Q. B. 118 ; (2) 33 & 34 Vict. c. 78, s. 3, and 
 
 6l L. J. M. C. 193 ; 67 L. T. 376 ; Schedule A., Part I.
 
 I.J Powers and Duties of Parish Councils and Meetings. 31 
 
 where the road authority are distinct from the local authority, 56 & 57 Vict. 
 
 except where the district is, or forms part of, a highway c. 73, s. 6, n. 
 
 district, in which case the consent of the road authority alone 
 
 is sufficient. 1 In some cases, however, the consent of a 
 
 local or road authority may be dispensed with by the Board of 
 
 Trade. 2 
 
 A local authority under the Act may, moreover, themselves, 
 either alone or in concert with some other local authority or 
 authorities, act as promoters of a tramway, apply for a pro- 
 visional order authorising the construction of a tramway within 
 their district, and after the provisional order has been duly 
 confirmed, construct a tramway accordingly. 3 
 
 The local authority have also, in the case of any tramway 
 within their district constructed under the authority of a 
 provisional order or Act of Parliament passed after the 
 Tramways Act, 1870, subject to any special provisions con- 
 tained in the order or Act, the following powers : 4 — They may, 
 where they consider that the public are deprived of the full 
 benefit of a tramway which has been open for traffic for three 
 years, represent the matter to the Board of Trade with a view 
 to that Board's granting licences to persons other than the 
 promoters to use the tramway. 5 They are empowered to make 
 regulations and bye-laws as to the rate of speed to be observed 
 in travelling upon the tramway; the distances at which 
 carriages using the tramway shall be allowed to follow one 
 after the other ; the stopping of carriages using the tramway ; 
 and the traffic on the road in which the tramway is laid. 6 And 
 they are given powers enabling them to purchase the tramway 
 and its appurtenances from the promoters, either, after the 
 tramway has been open for traffic for six months, by agree- 
 ment ; or, after the expiry of a given period after the powers 
 authorising the construction of the tramway have been obtained, 
 and in some instances before the expiry of that period, 
 compulsorily. 7 
 
 Where a local authority construct or acquire a tramway 
 under the Act, they may, subject to certain conditions, let the 
 right to use it, or may throw it open to the public and take 
 tolls in respect of its user ; but they may not themselves run 
 tramcars on it and charge for their use. 8 
 
 Gas and water works. — The vestry of a rural parish are also 
 made the " local authority " for their parish under the Gas and 
 Water Works Facilities Act, i87o. 9 Under that Act the 
 consent of the local authority of a district is in general 
 necessary before a provisional order can be obtained autho- 
 rising the construction in the district of gas or water works, or 
 works connected therewith ; but such consent may be dispensed 
 
 (1) 33 & 34 Vict. c. 78, s. 4. (6) lb. s. 46, and see s. 47. 
 
 (2) lb. s. 5. (7) lb. ss. 41-44. 
 
 (3) lb. ss. 4, 8, 17. (8) lb. s. 19. 
 
 (4) See ib. s. 22. (9) 33 & 34 Vict. c. 70, s. 2, and 
 
 (5) Ib. s. 35, and see ss. 36-40. Schedule A.
 
 32 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, with, after inquiry, by the Board of Trade. 1 The local authority 
 c. 73, s. 6, n. h ave no further functions under the Act. 
 
 Parish Constables. — Under the Parish Constables Act, 187 2/ 
 the vestry of any parish not included in a borough may at any 
 time resolve that one or more parish constables shall be 
 appointed for their parish, and may in such resolution fix the 
 amount of salary to be paid out of the poor rate to him or 
 them. A copy of any such resolution is to be delivered to the 
 justices of the petty sessional division comprising the parish, 
 who may appoint a parish constable or constables in accord- 
 ance therewith. And it is provided that a constable or 
 constables so appointed " shall hold his or their office until he 
 or they shall resign or be dismissed for misconduct or in- 
 competency by the justices of the said division, or the vestry 
 shall determine to discontinue the appointment of a constable 
 at the expiration of not less than six months from the day on 
 which a copy of such resolution shall be delivered to the 
 justices of the said division." The vestry may raise the salary 
 attached to the office of parish constable at any time by a 
 resolution, of which a copy is to be delivered to the justices. 3 
 And parishes are empowered to unite for the appointment of 
 the same person as parish constable to serve for all such 
 parishes. 4 
 
 The same Act further enables the quarter sessions to pass a 
 resolution requiring the appointment of a parish constable or 
 parish constables for any parish within their county in accord- 
 ance with the provisions " of the law for the appointment of 
 parish constables then in force." 5 Where such a resolution is 
 in force the vestry are required under an Act of 1842, 6 in 
 pursuance of a precept of the justices, annually to make out a 
 list of such number as is named in the precept of men residing 
 in their parish qualified and liable to serve as constables ; but 
 the vestry may annex to the list the names of any number of 
 men willing to serve the office of constable, and whom the 
 vestry recommend to be appointed though not possessed of the 
 qualification specified in the Act. 7 From among the persons 
 named in the list, after it has been dealt with in the manner 
 provided by the Act, 8 the parish constables for the year are 
 chosen. 
 
 The Parish Constables Act, 1872, 9 provides that, except in 
 the cases above-mentioned, no parish constable shall be 
 appointed. 
 
 Expenses of overseers under the Union Assessment Acts. — - 
 Sect. 7 of the Union Assessment Committee Amendment Act, 
 1864, 10 enacts that : — 
 
 " When the overseers of any parish incur any expense in 
 
 (1) 33 & 34 Vict, c. 70, s. 4. 
 
 (6) 5 & 6 Vict, c, 109! 
 
 (2) 35 & 36 Vict. c. Q2. 
 
 (7) lb. s. 3, 
 
 (3) n. s. 4- 
 
 (8) lb. ss. 8-1 1. 
 
 (4) lb. s. 5- 
 
 (9) 35 & 36 Vict. c. 92, s. 1 
 
 (5) lb. s. 2. 
 
 (10) 27 & 28 Vict. c. 39, s 7.
 
 I.] Pavers and Duties of Parish Councils and Meetings. 33 
 
 making out any valuation list or supplemental list, or in 56 & 57 Vict. 
 revising or valuing any of the rateable hereditaments of such c - 7S> s. 6, n. 
 parish, under the provisions of the Union Assessment Com- 
 mittee Act, 1862, with the consent of the vestry given by 
 express resolution, after due notice, they may charge such 
 expense, so far as the same may be authorised by the vestry, 
 upon the poor rate ; and if no vestry meeting be held, or no 
 decision arrived at on the subject, then to the extent which 
 the assessment committee shall allow : Provided that, as 
 regards the valuation of the property, no expense shall be so 
 charged upon the poor rate unless the consent of such com- 
 mittee to the procuring of such valuation by the overseers 
 shall have been given previously to the same being made." 
 
 The consent of the vestry under this enactment may be 
 given after the expense has been incurred. 1 
 
 Knackers' Yards. — Under the Knackers' Act, 1786, 2 it 
 devolves upon the vestry of any parish, in which there is a 
 knackers' yard licensed under that Act, to appoint annually an 
 inspector or inspectors to inspect such yard. 3 
 
 Remuneration of rate collector in respect of sanitary rates. — 
 Under sect. 230 of the Public Health Act, 1875, 4 the officers 
 ordinarily employed in the collection of the poor rate, if em- 
 ployed to collect a special rate made under that section, are to 
 receive such remuneration for the additional duty as the over- 
 seers with the consent of the vestry may determine. 
 
 Powers, &>c, of churchwardens.— The author is not aware of 
 any functions of a civil character vested in the churchwardens 
 apart from the overseers under the general law, except certain 
 functions relating to charities, the powers and duties as to 
 closed churchyards expressly mentioned in sub-sect (1, b), and 
 certain functions as to the convening of vestry meetings and 
 the like. 
 
 Closed churchyards.— -The Burial Act, 185 5 s , provides that 
 " in every case in which any order in council has been or shall 
 hereafter be issued for the discontinuance of burials in any 
 churchyard or burial ground, the burial board or churchwardens, 
 as the case may be, shall maintain such churchyard or burial 
 ground of any parish in decent order, and also do the 
 necessary repairs of the walls and other fences thereof, and 
 the costs and expenses shall be repaid by the overseers, upon 
 the certificate of the burial board or churchwardens, as the 
 
 (I) Reg. v. Chorlton-tipon-Mcd- ss. 37-39. As to the valuation list 
 
 lock {overseers) (1875), l Q- B - D - generally, see post, pp. 34, 35. 
 
 €2 ; 45 L. J. M. C. 33 ; 33 L. T. (2) 26 Geo. III. c. 71. 
 
 526; 24 W. R. 1 10; 40 J. P. 533 ; (3) As to the Knackers' Act, 
 
 Cf. Reg. v. Cumberlege (1877), 2 1786, see further p. 308. 
 
 Q. B. D. 366 ; 46 L. J. M. C. (4) 3 8 & 39 Vict. c. 55, s. 230. 
 
 214; 36 L. T. 700; 25 W. R. (5) 18 & 19 Vict. c. 128, s. 18. 
 
 605 ; 41 J. P. 533 ; and see also As to the Burial Acts, see the note 
 
 the Union Assessment Committee to sect. 7, post. 
 Act, 1862 (25 & 26 Vict. c. 103),
 
 34 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, case may be, out of the rate made for the relief of the poor of 
 c. 73, s. 6, n. the parish or place in which such churchyard or burial ground 
 is situate, unless there shall be some other fund legally charge- 
 able with such costs and expenses." 
 
 Under this enactment a closed burial ground, if it is a 
 churchyard, is to be kept in order by the churchwardens, 
 although there may be a burial board for the parish ; and the 
 expense of keeping it in order is to be defrayed out of the 
 poor rate of the poor law parish in which it is situate, though 
 it may have served as the burial ground for an ecclesiastical 
 parish comprising other poor law parishes. 1 
 
 Powers, &c, of overseers. — By sect. ■$$ the Local Govern- 
 ment Board are empowered to confer on the council of any 
 borough, including a county borough, or other urban district, 
 or the sanitary authority of any district in London, or upon 
 some other representative body in such borough or district, 
 any powers, duties, or liabilities of overseers. 
 
 In the remainder of the present note the expression " over- 
 seers " is in general used, as is usual in modern statutes, as 
 including, where it is necessary, churchwardens and overseers. 
 
 The valuation list. — The valuation list for a parish, is a list 
 prepared under the Union Assessment Acts, 1862 to 1880, 2 
 and the Acts amending the same, of the rateable hereditaments 
 in the parish, setting out among other things the gross and 
 rateable values of each hereditament. These Acts apply in all 
 unions formed under the Poor Law Amendment Act, 1834, 3 
 and may be brought into operation, with the necessary modi- 
 fications, in parishes with separate boards of guardians under 
 that Act, or under local Acts, and in unions under local Acts.* 
 Considerable portions of these Acts are, however, repealed as 
 regards the metropolis, where the valuation lists are prepared 
 and dealt with mainly under another group of Acts. 
 
 The valuation list for a parish determines the values of the 
 several hereditaments comprised in it for the purposes of the 
 poor rate, except where the rate is made under a local Act, 5 
 and of certain other rates ; and also determines the value of 
 the parish as a whole, for the purpose of computing the 
 contributions to be required from the parish to the common 
 fund of the guardians, 6 and for other like purposes. 
 
 The A.cts require the guardians of every union to which they 
 apply to appoint an " assessment committee," annually. 7 
 They provide for the preparation, under the supervision of the 
 assessment committee, of a valuation list for every parish in 
 
 (1) Reg. v. Bishop Wearmouth 44 Vict. c. 7). 
 
 {burial board) (1879), 5 Q. B. D. 67. (3) 4 & 5 Will. IV. c. 76. 
 
 (2) The Union Assessment Com- (4) 25 '&. 26 Vict. c. 103, ss. 2, 
 mittee Act, 1862 (25 & 26 Vict. 45 ; 43 & 44 Vict. c. 7. 
 
 c. 103 ) ; the Union Assessment (5) 25 & 26 Vict. c. 103, ss, 24, 
 
 Committee Amendment Act, 1864 28, 29, 43. 
 
 (27 & 28 Vict. c. 39) ; and the (6) lb. s. 30. 
 
 Union Assessment Act, 18S0 (43 & (7) lb. ss. 2- 5.
 
 I.] Powers and Duties of Parish Councils and Meetings. 35 
 
 the union, and for the revision of the list from time to time, 56 & 57 Vict. 
 either by the preparation of an entirely new list for the parish, c - 73. s - 6 > n - 
 or by the preparation of supplemental lists containing some 
 only of the hereditaments in the parish and superseding 
 accordingly only the corresponding part of the previously 
 existing list. 
 
 The provisions of the Acts with regard to the preparation of 
 a valuation list, 1 are briefly as follows : The list is prepared by 
 the overseers, or in certain cases by a person appointed for the 
 purpose by the assessment committee. 2 The overseers then 
 deposit the list for public inspection in the place where the 
 rate books of the parish are deposited or kept, give public 
 notice of such deposit, and afterwards transmit the list to the 
 committee. 3 The committee thereupon entertain objections 
 against the list, 4 and if necessary correct it. If the committee 
 make alterations in the list, it is returned to the overseers to be 
 redeposited, after which further objections may be made ; 5 
 and this process may apparently have to be gone through more 
 than once. Ultimately the committee finally approve the list, 
 whereupon it comes " into force," and supersedes the list 
 previously in force, if any, either wholly or in part as the case 
 may be. 6 
 
 Objections against the valuation list. — Provisions as to objec- 
 tions against valuation lists are contained both in the Union 
 Assessment Committee Act, 1862, and in the amending Act 
 of 1864. The provisions of the former Act, under which 
 alone overseers are empowered to make objections, relate to 
 objections made before the list comes into force, and are as 
 follows : — 
 
 Sect. 18 7 enacts that " Any overseer or overseers of any 
 parish in any union who shall have reason to think that such 
 parish is aggrieved by the valuation list of any parish within 
 such union, or any person who may feel himself aggrieved by 
 any valuation list on the ground of unfairness or incorrectness 
 in the valuation of any hereditaments included therein, or on 
 the ground of the omission of any rateable hereditament from 
 such list, may at any time after the deposit as aforesaid of such 
 list, and before the expiration of twenty-eight days after the 
 notice of the deposit as aforesaid, give to the committee and to 
 the overseers a notice in writing of his objection, specifying 
 the grounds thereof, and where the ground of any objection 
 shall be unfairness or incorrectness in the valuation of any 
 hereditament in respect of which any person, other than the 
 person objecting, is liable to be rated, or the omission of such 
 
 (1) The process is the same, (4) lb. ss. 18-20. 
 whether the list be the original (5) lb. s. 21. 
 
 list, a new list, or a supplemental (6) lb. s. 24, and see the Poor 
 
 list : see 25 & 26 Vict. c. 103, s. 27. Law Amendment Act, 186S (31 & 
 
 (2) 25 & 26 Vict. c. 103, ss. 14, 32 Vict. 122) s. 30. 
 
 16. (7) 25 & 26 Vict. c. 103, s. 18. 
 
 (3) lb- s. 17. 
 
 D 2
 
 36 The Local Government Act, 1S94. [Part 
 
 56 & 57 Vict, hereditament, also give notice in writing of such objection, and 
 c 73, s. 6, n. of the ground thereof, to such other person." 
 
 The right to make objections given to persons other than 
 the overseers by this section has been practically superseded 
 by the provisions of the Act of 1864, x under which a ratepayer 
 may object to a valuation list at any time. It is, however, the 
 only section under which a parish council, as successors of the 
 overseers, will have power to object to a valuation list. 
 
 The enactments as to the deposit of the list and the notice 
 of such deposit referred to in the section are contained in the 
 preceding section, 2 and have been mentioned. 
 
 Sect. 19 3 enacts that "The committee shall hold such 
 meetings as they may think necessary for hearing objections to 
 the valuation lists, and shall, twenty-eight days at least before 
 holding every meeting for hearing objections to valuation lists, 
 other than meetings by adjournment, cause notice of such 
 meeting to be given to the overseers of the several parishes to 
 which such lists relate, and such overseers shall, on the Sunday 
 next following the receipt of such notice, publish the same in 
 the manner in which notice of a rate allowed by justices is by 
 law required to be given." 
 
 The same section empowers the committee to hear and 
 determine the objections, and gives the committee powers of 
 adjournment. It also enables the committee to require notice 
 of objections to be given to third parties; and provides that 
 the committee shall not be required to hear an objection of 
 which due notice has not been given, but that such notice may 
 be waived, in which case the committee may, if they think fit, 
 hear the objection. 
 
 Sect. 2 1 i provides that the committee, if they alter the list, 
 shall cause it to be redeposited, and shall cause notice of such 
 redeposit to be given, " and shall appoint a day, not less than 
 seven days nor more than fourteen days from the redeposit of 
 such valuation list, for the hearing of any objections to the 
 valuation list as so altered." 
 
 Appeal against the valuation list. — The right to appeal 
 against the valuation list of a parish is confined to the over- 
 seers of the several parishes in the union, or to the parish 
 councils as the successors in this respect of the overseers. 
 
 Ratepayers have no right to appeal against the valuation 
 list. If they consider their premises over-assessed in the list 
 they may appeal against a poor rate based on that list, where- 
 upon, if the appeal is successful, the valuation list will be 
 altered in accordance with the result of the appeal. 5 
 
 The provisions relating to an appeal against the valuation 
 list are contained in sects. 32-34 of the Union Assessment Com- 
 mittee Act, 1862. 6 
 
 (1) 27 & 28 Vict. c. 39, s. I. (4) lb. s. 21. 
 
 (2) 25 & 26 Vict. c. 103, s. 17. (5) lb. s. 22. 
 
 (3) lb. s. 19. (6) lb. ss. 32-34.
 
 I.] Powers and Duties of Parish Councils and Meetings. 37 
 
 Sect. 32 enacts that " If the overseer or overseers of any 56 & 57 Vict, 
 parish in any union shall have reason to think that such parish c - 73> s - 6 > n - 
 is aggrieved by the valuation list of any parish within such 
 union, whether it be on the ground that the rateable heredita- 
 ments comprised in the valuation list of such parish are valued 
 at sums beyond the annual rateable value thereof, or on the 
 ground that the rateable hereditaments comprised in the 
 valuation list of some other parish in such union are valued at 
 sums less than the annual rateable value thereof, it shall be 
 lawful for such overseer or overseers, with the consent of a 
 vestry summoned for the purpose of considering the expediency 
 of giving such consent, to appeal to the quarter sessions for 
 the county or borough in which the greatest number of 
 parishes belonging to the union is situate, or, in case the 
 number of parishes in any two or more such jurisdictions is 
 equal to the quarter sessions for the county or borough 
 having jurisdiction over the parish in which the workhouse of 
 the union is situate, at the sessions to be holden after the 
 expiration of a month after the allowance of and deposit of such 
 valuation list as aforesaid, against such valuation list of the 
 parish which shall appear to be over-valued or under-valued." 
 
 The section requires notice of the intention to appeal and of 
 the grounds thereof to be given. If the appeal is against the 
 list of the appellant's parish a fourteen days' notice previous to 
 the sessions must be given to the guardians of the union. If 
 the appeal is against the list of some other parish a fourteen 
 clear days' notice previous to the first day of sessions must be 
 given to the guardians of the union, and to the overseers of 
 the parish in question. 
 
 Apparently, under the Poor Law Amendment Act, 1867, 1 
 the appeal may now, in spite of the above provisions, be to 
 any quarter sessions having jurisdiction over any part of the 
 union, but the point appears not to have been decided. 
 
 Sect. 33 2 enables the quarter sessions, upon the application 
 of the appellant or respondent, to appoint a valuer to value any 
 parish in respect of which an appeal is made and to respite the 
 appeal pending the making of the valuation. 
 
 Sect. 34 3 deals with the costs of the appeal. It provides 
 that, in the event of a successful appeal on the ground that the 
 appellants' parish is over-assessed, the Court shall order the 
 appellants' costs to be paid by the guardians out of their 
 common fund, and that in other cases the costs shall be in the 
 discretion of the Court. 
 
 Appeal against the poor rate. — An appeal against a poor rate 
 lies either to quarter sessions under the Poor Relief Act, 1743, 4 
 or to special sessions under the Act of 1836, usually known as 
 the Parochial Assessment Act. 5 
 
 (1) 30 & 31 Vict. c. 106, s. 27. (4) 17 Geo. II. c. 38, s. 4. 
 
 (2) 25 & 26 Vict. c. 103, s. 33. (5) 6 & 7 Will. IV. c. 96. 
 
 (3) lb. s. 34.
 
 38 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Under the former Act x any person aggrieved by a poor 
 
 c. 73, s. 6, n. xz.te, or who shall " have any material objection to any person 
 
 or persons being put on or left out of such rate ... or to the 
 
 sum charged on any person or persons therein," may appeal 
 
 against the rate to quarter sessions. 
 
 Under the Parochial Assessment Act 2 the justices for every 
 petty sessional division are to hold special sessions four times 
 at least in every year for the purpose of hearing appeals 
 against poor rates. Special sessions are to " hear and 
 determine all objections to any such rate on the ground of 
 inequality, unfairness, or incorrectness in the valuation of any 
 hereditaments included therein," but are not to "inquire into 
 the liability of any hereditaments to be rated, but only into the 
 true value thereof and into the fairness of the amount at 
 which the same shall have been rated." 
 
 Certain other Acts, it should be mentioned, contain pro- 
 visions authorising persons to appeal against poor rates under 
 the above-mentioned enactments in cases that would possibly 
 not have been directly covered by the enactments themselves. 3 
 
 Notice of an appeal against the poor rate whether to quarter 
 sessions or special sessions, is required to be given to the 
 overseers ; and, though there is no express enactment to that 
 effect, the overseers may appear as respondents on the appeal 
 and expend reasonable sums out of the poor rate for the 
 purpose of defraying the costs they incur in contesting the 
 appeal, but their expenditure may be disallowed if the 
 litigation, or the sum they expend on it, is unreasonable. 4 
 
 The Union Assessment Committee Amendment Act, 1864, 
 provides that where the Union Assessment Committee Act, 
 1862, applies, notice of an appeal against a poor rate, whether 
 to quarter sessions or to special sessions, shall be given to the 
 assessment committee. 5 The same Act empowers the assess- 
 ment committee, with the consent of the guardians, to appear, 
 in the name of the guardians, as respondents on the appeal, 6 
 and provides that the costs of the committee in relation to 
 such an appeal, so far as they are not recovered from the 
 appellants, shall be paid out of the common fund of the union, 
 unless the court before whom the appeal is heard shall direct 
 that such costs, or any part thereof, shall be charged to the 
 parish, the rate of which is appealed against. 7 
 
 Where the assessment committee are willing under these 
 
 (1) 17 Geo. II. c. 38, s. 4. L. J. M. C. 145 ; 13 Jur. 652 ; cf. 
 
 (2) 6 & 7 Will. IV. c. 96, s. 6, Reg. v. Fouch (1841), 2 Q. B. 30S ; 
 and see s. 7. 1 G. & D. 585. 
 
 (3) See, e.g., the Poor Rate (5) 27 & 28 Vict. c. 39, s. 1. 
 Assessment and Collection Act, This section also renders an ob- 
 1869 (32 & 33 Vict. c. 41), s. 13, jection against the valuation list 
 which enables owners of premises necessary in most cases before 
 to appeal where they have become appealing against a poor rate. 
 
 . liable for rates. (6) lb. s. 2. 
 
 (4) See Reg. v. Great Western (7) lb. s. 3. 
 Ry. Co. (1S49), 13 Q- B. 327 ; 18
 
 I.] Powers and Duties of Parish Councils and Meetings. 39 
 
 provisions to contest an appeal, the overseers rarely take any 56 & 57 Vict, 
 active part in the matter. c - 73> s - 6 > n - 
 
 In the case of an appeal to quarter sessions under the Poor 
 Relief Act, 1743, 1 the notice of appeal to be given to the 
 overseers, or under the present Act to the parish council, is a 
 fourteen clear days' notice, previous to the first day of sessions, 
 of the intention to appeal and of the grounds of appeal ; 2 but 
 provision is made enabling the appeal to be heard by consent 
 given in open court though such notice has not been given. 3 
 Moreover the appeal may be entered and respited though the 
 notice above-mentioned has not been given ; in which case the 
 notice may be given before the succeeding sessions. 4 
 
 In the case of an appeal to special sessions under the 
 Parochial Assessment Act notice must be given to the over- 
 seers seven days at least before the day appointed for the 
 special session. 5 
 
 An appeal to quarter sessions lies from the decision of 
 special sessions on an appeal against a poor rate. 6 
 
 The county rate and the basis of the county rate. — The 
 preparation and revision of the basis of the county rate and 
 the assessment and levy of the county rate are regulated by 
 the County Rates Act, 1852, 7 as amended by subsequent 
 enactments 8 in some minor particulars, and by the Local 
 Government Act, 1888. 9 
 
 The basis of the county rate is a valuation of the rateable 
 property in the county showing the total rateable value of the 
 property in each parish or part of a parish within the county. 10 
 
 (1) 17 Geo. II. c. 38, s. 4. see also the Summary Jurisdiction 
 
 (2) 17 Geo. II. c. 38, s. 4 ; Poor Act, 1879 (42 & 43 Vict. c. 49), 
 Rate Act, 1801 (41 Geo. III. c. 23), s. 31 ; the Summary Jurisdiction 
 s. 4 ; Quarter Sessions Act, 1849 Act, 1884 (47 & 48 Vict. c. 43), 
 (12 & 13 Vict. c. 45), s. 1 ; and s. 4 ; the Interpretation Act, 1889 
 see Rex. v. Sussex {justices) (1797), (52 & 53 Vict. c. 63), s. 13 (11) ; 
 7 T. R. 107 ; Reg. v. Suffolk (jus- Reg. v. Gloucester (justices), Reg. v. 
 tices) (1848), 5 D. & L. 558 ; Reg. Pontypool (justices) (1892), L. R. 
 v. Lancashire (justices) (1857), 8 [1892] 1 Q. B. 621 ; 64 L. J. M. C. 
 E. & B. 563 ; 27 L. J. M. C. 161 ; 169 ; 66 L. T. 444 ; 40 W. R. 436 ; 
 4 Jur. (N.s.) 375 ; 6 W. R. 74 ; 56 J. P. 437. 
 
 Swiftv. Lancashire (justices) (1876), (7) 15 & 16 Vict. c. 81. 
 
 34 L. T. 124. (8) 21 & 22 Vict. c. 33 ; the 
 
 (3) Poor Rate Act, 1801 (41 Revenue Act, 1863 (26 & 27 Vict- 
 Geo. III. c. 23) s. 5. c. 33), s. 22 ; the County Rate Act, 
 
 (4) Poor Relief Act, 1743 (17 1866 (29 & 30 Vict, c, 78); the 
 Geo. II. c. 38), s. 4 ; Reg. v. Eyre Poor Law Amendment Act, 1866 
 (1856), 6 E. & B. 992 ; 26 L. J. (29 & 30 Vict. c. 113), s. 13. 
 
 M. C. 14 ; 2 Jur. (n.s.) 1207 ; 5 (9) 51 & 52 Vict. 41. 
 
 W. R. 55 ; Reg. v. Surrey (justices) (10) 15 & 16 Vict. c. 81, ss. 2, 6, 
 
 (1880), 6 Q. B. D. 100 ; 50 L. J. 31. Perhaps the basis ought also 
 
 M. C. 10 ; 43 L. T. 500 ; 29 W. R. to show the values of the several 
 
 260 ; 45 J. P. 93. See also Reg. v. parts of a parish in cases where 
 
 Yorkshire (justices) (1815), 4M.&S. county contributions for any pur- 
 
 327; Reg. v. Surrey (justices) (1845), pose are chargeable on part only 
 
 15 L. J. M.C.I; 10 Jur. 72. of the parish : see the Local Govern- 
 
 (5) 6 & 7 Will. IV. c. 96, s. 6. ment Act, 1888 (51 & 52 Vict. 
 
 (6) 6 & 7 Will. IV. c. 96, s. 6 ; c. 41), ss. 68, 100.
 
 40 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. It serves, as is explained more fully below, to determine the 
 c. 73, s. 6, n . proportions in which contributions levied by the county 
 council for any purpose are to be apportioned among the 
 parishes liable to contribute to such purpose. 
 
 Formerly a county rate basis was from time to time prepared 
 by a committee appointed for the purpose by the quarter 
 sessions of the county, 1 the basis coming, into operation and 
 superseding the existing basis upon being confirmed, with or 
 without alteration, by the quarter sessions. 2 
 
 The committee were also empowered, upon the requisition 
 of quarter sessions, to revise the existing basis from time to 
 time, " for the purpose of meeting any partial changes that 
 may have occurred in the rateable value of portions of the 
 property liable to be assessed " without preparing an entirely 
 new basis. Alterations in the basis thus made came into 
 operation upon confirmation by quarter sessions. 3 
 
 By the Local Government Act, 1888, 4 the business of 
 quarter sessions and of their committee in respect of the 
 preparation and revision of the basis for the county rate was 
 transferred to the county council. 
 
 The county rate was formerly assessed on the several 
 parishes and places in the county by the quarter sessions 
 under the County Rates Act, 1852, 5 which required the rate 
 to be assessed on the several parishes rateably according to 
 the basis above-mentioned. 
 
 By the Local Government Act, 1888, 6 the business of the 
 quarter sessions in respect of the making, assessing, and 
 levying of county rates was transferred to the county council. 
 The same Act, 7 moreover expressly empowers the county 
 council, for the purpose of defraying their expenses, to obtain 
 contributions from parishes in their county, assessing such 
 contributions on all or some only of the parishes in their 
 county, according as the purposes for which such contributions 
 are required are "general county purposes " towards which the 
 whole county is liable to contribute, or " special county 
 purposes" towards which portions only of the county are 
 liable to contribute. And it is by the same section enacted 
 that, subject as in that or any other Act mentioned, " county 
 contributions, whether for general or special county purposes, 
 which are liable to be assessed on the parishes, shall be 
 assessed on such parishes in proportion to the annual value 
 thereof, as determined by the standard or basis for the county 
 rate, and all enactments applying to such standard or basis or 
 to county rate shall (save as altered by this Act) apply so far 
 as may be, consistently with the tenor thereof, to county 
 contributions." 
 
 (1) 15 & 16 Vict. c. Si, ss. 2-15. (5) 15 & 16 Vict. c. 81, s. 21. 
 
 (2) It,, s. 16. (6) 51 & 52 Vict. c. 41, s. 3 (1), 
 
 (3) lb. s. 20. see also ss. 35 (1), 3S (5), 68, 78,. 
 
 (4) 51 & 52 Vict. c. 41, s. 3 (1) ; 81 (3), 100. 
 see also ss. 35 (i)> 3§ (5), 68, 78. (7) lb. s. 68.
 
 I.] Powers and Duties of Parish Councils and Meetings. 41 
 
 Now therefore the assessment of the county rate takes the 56 & 57 Vict, 
 form of the assessment on parishes in the county of county c - 73> s - 6 > n - 
 contributions by the county council. 
 
 The amount each parish is to contribute is estimated by the 
 county council in a lump sum and payment of that sum is 
 obtained by means of precepts issued to the guardians of the 
 several unions comprising the parishes assessed. The 
 guardians raise the necessary money in the same way that 
 they raise contributions for poor law purposes, namely by 
 orders on the overseers of the several parishes. The over- 
 seers in their turn raise the money by means of the poor rate. 1 
 
 The expressions " assessment " and " levying " of the county 
 rate, &c, are used in a somewhat vague manner, sometimes as 
 referring to the process by which the county council assess, 
 and if necessary compel payment of, the contributions of 
 the several parishes, sometimes as referring to the assessment 
 and levying of the poor rate out of which the county rate is 
 ultimately paid. 
 
 Appeal against the county rate basis. — An appeal to quarter 
 sessions against the county rate basis is given by sects. 17-19 
 of the County Rates Act, 1852. 2 
 
 Sect. 17 enables "any overseer or overseers of the poor, 
 or other person charged with the collection and levy of 
 county rate in any parish or place, or inhabitant or inhabitants 
 thereof" to appeal, either on the ground that such parish or 
 place is over assessed, or on the ground that some other parish 
 or place is omitted from the basis or is under assessed. 
 Twenty-one days' notice, previous to the first day of sessions, 
 must be given of the appeal and of the cause and matter 
 thereof. This notice, where the ground of appeal relates to a 
 parish other than the appellants' parish, must be given to the 
 overseers of the former parish, or, where there are no over- 
 seers, to the person charged with the collection and levy of the 
 county rate. Where the ground of appeal is the over assess- 
 ment of the appellants' parish the notice is required by the 
 Act to be given to the clerk of the peace. Whether this 
 notice should now be given to the clerk of the peace or to the 
 clerk of the county council is not clear ; and, where these 
 
 (1) County Rates Act, 1852 (15 not entirely spent : see s. 36. The 
 
 & 16 Vict. c. 81), s. 26; as to the Act also contains provisions with 
 
 powers of the guardians to obtain regard to the levy of the county 
 
 contributions, see the note to sect. rate in parishes partly within the 
 
 11 post. The County Rates Act, county and partly without the same, 
 
 1852, provided that where there and in other exceptional cases ; but 
 
 was, at the passing of the Act, a these provisions also are now almost 
 
 high constable of a hundred hold- obsolete : see ss. 30-35. 
 
 ing office for life or during good (2) 15 & 16 Vict. c. 81, ss. 
 
 behaviour, the county rate should, 17-19 ; the power of quarter ses- 
 
 till a vacancy in the office occurred, sions to hear the appeal is expressly 
 
 be raised through him instead of reserved by the Local Government 
 
 through the guardians; but this Act, 1888 (51 & 52 Vict. c. 41), 
 
 enactment must now be nearly if s. 8.
 
 42 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, offices are held by different persons, it would be prudent to 
 c. 73, s. 6, n. gi V e the notice to both. 
 
 The appeal would appear not to be confined to the first 
 sessions held after the confirmation of the basis, but to be 
 available at any time after such confirmation. 
 
 Sect. 18 l enables the quarter sessions, upon the application 
 of the appellant or the respondent to order a valuation of the 
 parishes, &c, in relatione to which the appeal is brought, to 
 be made, and to adjourn the appeal while the valuation is 
 made. 
 
 Sect. 19 2 deals with the costs of the appeal. It provides that 
 in the case of a successful appeal brought on the ground that 
 a parish is over valued, the sessions shall order the appellant's 
 costs to be defrayed by the county ; that in other cases the 
 costs are to be in the discretion of sessions; and that the 
 expenses of a valuation made under sect. 18 are to be deemed 
 costs in the appeal. 
 
 It would seem to be doubtful whether any appeal lies 
 against a basis duly altered in pursuance of sect. 20 of the 
 County Rates Act, 185 2. 3 
 
 The above-mentioned Act contains provisions, it should be 
 mentioned, under which objections to a county rate basis may 
 be made by overseers and others before the basis comes into 
 force. 4 Such objections were by that Act to be heard by the 
 committee of justices appointed for the preparation of the 
 basis, and must now, it seems clear, be heard by the county 
 council or their committee. Sect. 20 of the Act 5 contains some- 
 what similar provisions enabling objections to be made where 
 the basis is revised to meet partial changes of value under 
 that section. The functions of the overseers in relation to these 
 objections appear not to be transferred to the parish council. 
 
 Appeal against the county rate. — An appeal to quarter 
 sessions against a county rate is given by sections 22-25 of 
 the County Rates Act, 1852. 6 
 
 Sect. 22 enables "the churchwarden or churchwardens, 
 overseer or overseers" of any parish or place to appeal against 
 a county rate if he or they think their parish aggrieved by the 
 rate, " whether it be on account of the proportions assessed 
 upon the respective parishes, townships, or places being 
 unequal, or on account of some one or more of them being 
 without sufficient cause omitted altogether from the rate, or on 
 account of such parish, township, or place being rated at a 
 higher proportion of the pound sterling according to the fair 
 annual value of the property therein, or on account of some 
 other parish or parishes, township or townships, place or 
 
 (1) 15 & 16 Vict. c. Si, s. iS. p. 40. 
 
 (2) lb. s. 19 ; see also s. 24. (6) lb. ss. 22-25. The powers 
 
 (3) lb., s. 20, referred to ante, of quarter sessions as to appeals 
 p. 40. against the county rate are reserved 
 
 (4) lb. s. 14, and see sect. 13. by sect. 8 of the Local Government 
 L (5) lb. s. 20, referred to, ante, Act, 1888 (51 & 52 Vict. c. 41).
 
 I.] Powers and Duties of Parish Councils and Meetings. 43 
 
 places, being rated at a lower proportion of the pound sterling 56 & 57 Vict, 
 according to the fair annual value of the rateable property c - 73. s - 6 > n - 
 therein than has been fixed and declared ... as the basis 
 of the rate of the said county, or on account of the altered 
 state of the value of the property assessed, or any part 
 thereof, or shall have any other just cause of complaint what- 
 soever." 
 
 The appeal must be to the next sessions after the cause of 
 appeal has arisen. Fourteen clear days' notice, previous to 
 the first day of sessions, of the intention to appeal, and of the 
 grounds of appeal, is required to be given to the parties 
 against whose rate the appeal is intended to be made, also to 
 the clerk of the peace and to the hundred constable. Whether 
 this notice should now be given to the clerk of the peace or to 
 the clerk of the county council is not clear ; it would be 
 prudent, where these offices are held by different persons, to 
 give the notice to both. 
 
 Sect. 23 of the same Act 1 provides for the levy of the rate 
 pending appeal, and for the repayment of sums paid pending 
 the appeal in the event of the appeal being successful. 
 
 Sect. 24 3 provides, among other things, that the costs of the 
 appeal shall be in the discretion of sessions. 
 
 Sect. 25 s enables quarter sessions to give costs to persons 
 to whom notice of appeal may have been given though the 
 appeal is not proceeded with. 
 
 Parish books. — Under the Vestries Act, 18 18, 4 the overseers 
 are required to provide minute-books for the vestry. 
 
 Vestry room. — The Vestries Act, 1850, 5 empowers the 
 churchwardens and overseers, or overseers alone, as the case 
 may require, of a parish, with the consent of the vestry and the 
 sanction of the Local Government Board, to provide vestry 
 rooms and to borrow money for the purpose. It does not 
 seem clear whether these enactments are universally applicable, 
 or whether they are confined to parishes with a population, 
 according to the preceding census, exceeding 2000. 6 Having 
 regard to the powers of the parish council under sect. 8 (1), 
 the enactments above mentioned will cease to be of much 
 importance in a rural parish. 
 
 Parochial office. — Under the Parochial Offices Act, 1861, 7 the 
 overseers of a parish of which the population exceeds 4000, 
 according to the last census, have power, with the consent of 
 the vestry and of the Local Government Board, to provide 
 parish offices. The powers of the parish council under 
 sect. 8 (1), will, in rural parishes, to a great extent supersede 
 this enactment. 
 
 (1) 15 & 16 Vict, c 81, s. 23. parish councils under this Act" : 
 
 (2) lb. s. 24. see sect. 89 and^nd schedule. 
 
 (3) lb. s. 25. (5) 13 & 14 Vict. c. 57, ss. 4, 5- 
 
 (4) 58 Geo. III., c. 69, s. 2, re- (6) lb. s. 1. 
 
 pealed by the present Act "so far (7) 24 & 25 Vict. c. 125, s. 1. 
 
 as it relates to parish meetings and
 
 44 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Parish chest. — By the last-mentioned Act 1 it is enacted that 
 c. 73, s. 6, n. " the overseers of any parish may, with the consent of the 
 vestry, provide proper depositories of all the documents, books, 
 and papers belonging to such parish for which no provision is 
 otherwise made by law, and charge the cost thereof upon the 
 poor rate. The powers of the overseers under this enactment 
 appear to be the powers of the overseers as to the "parish 
 chest" referred to in sub-sect. (1, c. ii.). With regard to the 
 custody of parish documents, see further sect. 17, and the note 
 to that section. 
 
 Fire engine and fire escape. — By the Poor Law Amendment 
 Act, 1867, 2 it is enacted that "if the vestry of any parish, 
 where there is no town council, local board, or other authority 
 competent to provide the same, after due notice, shall resolve 
 that the overseers shall provide any fire engine, ladder, or fire 
 escape for general use in the parish, the overseers shall provide 
 the same, and pay out of the poor rate the cost thereof, and of 
 procuring a proper place wherein to keep the same, and of 
 maintaining it, as well as any such engine, ladder, or escape 
 acquired by the parish in any other manner for such use, in a 
 fit state of repair, and the charges of such persons as may be 
 necessary for the use thereof, and the cost of suitable imple- 
 ments and accoutrements." 
 
 Other provisions under which a fire engine may be provided 
 for a parish, contained in the Lighting and Watching Act, 
 1833, 3 are referred to in the note to sect. 7, post. 
 
 Parish property. — The legal interest in property vested in 
 the overseers, or churchwardens and overseers, of a rural parish 
 with a separate parish council, other than property connected 
 with the affairs of the church, or held for the benefit of an 
 ecclesiastical charity, is transferred to the parish council under 
 sect. 5 (2). The general powers of overseers to hold lands on 
 behalf of their parish are dealt with in the note to that section. 
 
 Sub-sect. (1, c. hi.) of the present section transfers to the 
 parish council any active powers of managing parish property 
 at present possessed by the overseers. 
 
 Village greens and allotments. — The powers of the overseers 
 to hold village greens are derived from the Inclosure Acts, and. 
 are referred to post, p. 52, in connection with allotments under 
 those Acts. 
 
 The enactments relating to allotments fall into three groups : 
 the first consisting of the enactments relating to allotments 
 provided under the Poor Relief Act, 1819, 4 and the amending 
 Acts, or under local Acts for the inclosure of land ; the second 
 of the enactments as to allotments contained in the Inclosure 
 Acts, 1845 to 1882 ; and the third of the Allotments Acts, 
 1887 and 1890. 
 
 The two last-mentioned Acts, which are set out in the 
 
 (1) 24 & 25 Vict. c. 125, s. 2. (3) 3 & 4 Will. IV. c. 90, s. 44. 
 
 (2) 30 & 31 Vict. c. 106, s. 29. (4) 59 Geo. III. c. 12.
 
 I.] Powers and Duties of Parish Councils and Meetings. 45 
 
 Appendix, are considerably amended by sects. 9 and 10, post, 56 & 57 Vict, 
 as well as by sub-sects. (3) and (4) of the present section, and c - 73. s - 6 - n - 
 are discussed in the notes to the later sections. The provisions 
 of the earlier Acts as to allotments are dealt with below. 
 Before discussing these Acts in detail it will, however, be 
 convenient to state generally the effect of the present Act with 
 regard to allotments held under their provisions for the benefit 
 of a parish with a separate parish council. 
 
 Where any such allotment is held by the overseers, the legal 
 interest of the overseers will vest in the parish council under 
 sect. 5 (2), and any powers of management that the overseers 
 may'possess, will be transferred to the parish council by sub- 
 sect. (1, c. iii.) of the present section. By virtue of the same 
 clause also, where any Act requires land to be allotted to the 
 overseers for the benefit of inhabitants of a parish, such land 
 will be allotted to the parish council. Where the allotments 
 are held by trustees, the property in the allotments may, with 
 the consent of the Charity Commissioners, be transferred to 
 the parish council, or to persons appointed by them, under 
 sect. 14, (1), in which case the parish council or their appointees 
 will hold the property on the trusts, and subject to the condi- 
 tions on which the trustees held the same. Whether the allot- 
 ments are held by the overseers or by trustees, any powers 
 vested by any Act in allotment wardens, or a committee, or 
 allotment managers, are by sub-sect. (4) of the present section 
 transferred to the parish council. 
 
 It should further be mentioned that certain powers for the 
 management of any recreation ground or village green which 
 is under their control, or to the expense of which they have 
 contributed, are conferred on the parish council by sect. 8, 
 (i,d). 
 
 Allotments under the Poor Relief Act, 181 9, local Inclosure 
 Acts, &c. — By the Poor Relief Act, 1819, 1 as amended by an 
 Act of 1 83 1, 2 the churchwardens and overseers of any parish, 
 or the overseers alone in parishes with no churchwardens, were 
 empowered to appropriate parish land, or to purchase or hire 
 land to an amount not exceeding in the whole fifty acres, and, 
 with the consent of the lord of the manor and the majority of 
 the commoners to enclose waste land to the like amount, and 
 to set the poor to work on such land at reasonable wages, or, 
 with the consent of the vestry, to let portions of such land to 
 any " poor and industrious inhabitant of the parish " to be 
 cultivated by him, at such reasonable rent and for such term 
 as the vestry should determine. 3 Like powers were given to 
 guardians under local Acts. 4 
 
 (1) 59 Geo. III. c. 12. wardens, 59 Geo. III. c. 12, s. 35 ; 
 
 (2) 1 & 2 Will. IV. c. 42. 1 & 2 Will. IV. c. 42, s. 3. As to 
 
 (3) 59 Geo. II. c. 12, ss. 12, 13 ; the powers of the churchwardens 
 I & 2 Wili. IV. c. 42, ss. I, 2, 4 ; and overseers to hold land, see the 
 and see, as to the powers of over- note to s. 5, ante. 
 
 seers where there are no church- (4) 1 & 2 Will. IV. c. 42, s. 3.
 
 46 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. By another amending Act of 1831, 1 the churchwardens and 
 c. 73, s. 6, n. overseers were given power, with the consent of the Treasury, 
 to enclose waste lands belonging to the Crown to the extent of 
 fifty acres. 
 
 By the Allotments Act, 1832, 2 it was, after reciting that 
 there were in many cases, in parishes inclosed under Acts of 
 Parliament, allotments made for the benefit of the poor, chiefly 
 with a view to fuel, which were comparatively useless and 
 unproductive, enacted that the " trustees of the said allotments, 
 together with the churchwardens and overseers of the poor, in 
 parish vestry assembled," might and should let portions of any 
 such allotment not exceeding one acre to one person, 3 to 
 "industrious cottagers" fulfilling certain conditions, who were 
 to be bound to cultivate the allotment so as to preserve the 
 land in a due state of fertility. 4 Applications for allotments 
 were to be entertained by the vestry, the trustees of the allot- 
 ments being entitled to attend and vote at the vestry. 5 The 
 rent was to be payable to the churchwardens and overseers on 
 behalf of the vestry, 6 and provisions were made as to the 
 recovery and application of the rent, and the recovery of 
 possession of the land. 7 The vestry were empowered to let 
 any of the said allotments found to lie at an inconvenient 
 distance from the residences of the cottagers for the best rent 
 that could be obtained, and hire land for the purposes of the 
 Act of equal value more favourably situated. 8 It was further 
 provided that no habitation should be erected on the allot- 
 ments, 9 and that the Act should apply to land enclosed under 
 the above-mentioned Acts of 1831, 10 or to land which should 
 " in any other manner be found appropriated for the general 
 benefit of the poor of any parish " so far as the Act might " be 
 found applicable." n 
 
 By the Union and Parish Property Act, 1835, 12 it was 
 enacted, among other things, that " all powers and authorities 
 in and by" the Poor Relief Act, 1819, "given to churchwardens 
 and overseers of the poor for taking land or ground into their 
 hands, and for purchasing, hiring, and taking on lease any 
 land ; and all powers and authorities contained in " the two 
 Acts of 183 1 above-mentioned, 13 and in the Allotments Act, 
 1832, 14 " shall in future be exercised (under the control, and 
 subject to the rules, orders, and regulations of the Poor Law 
 
 (1) 1 & 2 Will. IV. c. 59. (5) lb. s. 3. 
 
 (2) 2 Will. IV. c. 42. ' (6) lb. s. 4. 
 
 (3) The Act also required an (7) lb. ss. 5-8. 
 allotment to be not less than a (8) lb. s. 9. 
 quarter of an acre, but this limita- (9) lb. s. 10. 
 
 tion was removed by the Poor (10) 1 & 2 Will. IV. c. 42 ; I & 
 
 Allotments Management Act, 1873 2 Will. IV. c. 59. 
 
 (36 Vict. c. 19), s. 10, itself re- (11) 2 Will. IV. c. 42, s. ir. 
 
 pealed, but not so as to revive the (12) 5 & 6 Will. IV. c. 69, s. 4. 
 
 limitation it repealed, by the (13) 1 & 2 Will. IV. c. 42 ; 1 & 2 
 
 Statute Law Revision Act, 1883. Will. IV. c. 59. 
 
 (4) 2 Will. IV. c. 42, ss. 1, 2. (14) 2 Will. IV. c. 42.
 
 L] Powers and Duties of Parish Councils and Meetings. 47 
 
 Commissioners, 1 ) by the overseers of the poor in any parish 56 & 57 Vict, 
 not under the management of a board of guardians, 2 and by c. 73, s. 6, n. 
 the guardians of the poor of any union or parish formed or 
 established by virtue of any statute or local Act ; and all the 
 aforesaid powers and authorities relating to the inclosing, 
 purchasing, hiring, or taking any waste, common, or other land, 
 for the purpose or purposes in the said Acts mentioned, shall 
 extend and apply to and may be so exercised as aforesaid by 
 the said overseers and guardians for the purpose of being used 
 as the site of the workhouse, or of being occupied with a work- 
 house, or for any other of the purposes of the" Poor Law 
 Amendment Act, 1834. 3 
 
 The effect of this obscurely worded enactment is not clear. 
 It seems, however, that it did not transfer any land previously 
 acquired by the overseers to the guardians, or affect the powers 
 of the overseers as to such lands ; but that its operation was 
 confined to the acquisition of, and dealing with, land in the 
 future. 4 It is believed that no attempt has ever been made by 
 guardians of the poor to exercise their powers under this enact- 
 ment for the purpose of providing allotments. 
 
 The Inclosure Act, 1845, contains provisions enabling in- 
 convenient allotments made under any inclosure Act for the 
 poor or other public purposes to be exchanged under certain 
 circumstances for more convenient allotments ; 5 provisions 
 enabling defects in the manner in which local inclosure Acts 
 may have been carried out to be remedied ; 6 and provisions 
 enabling the number of trustees required by a local inclosure 
 Act, or by an award made under such an Act, for any local 
 functions to be reduced. 7 
 
 The Inclosure Act, 185 2, 8 also, contains provisions for the 
 exchange of allotments awarded under any inclosure award for 
 any public or parochial purpose, or for the benefit of the in- 
 habitants or others within any parish or manor, and for the 
 declaration, in connection with such exchange, of new trusts. 
 
 The Poor Allotments Management Act 1873, 9 makes pro- 
 visions with regard to the management, firstly of allotments 
 provided under any Act for the inclosure of land passed before 
 the Inclosure Act, 1845, 10 for the benefit of the poor, or for 
 field gardens, or recreation grounds or for any public purpose ; 
 and secondly, of allotments subject to the Allotments Act, 
 1832. 11 It provides for the appointment of a committee by 
 
 (1) Now the Local Government Commissioners, vol. v., p. 109. 
 Board. (5) 8 & 9 Vict. c. 118, ss. 149- 
 
 (2) There are no longer any such 151 ; as to this Act and the Amend- 
 parishes. ing Acts see post, p. 50. 
 
 (3) 4 & 5 Will. IV. c. 76. (6) lb. ss. 152-154, 156, amended 
 
 (4) The subsequent legislation by 10 & 11 Vict. c. Ill, s. 5. 
 confirms this view; see also Doe (7) 8 & 9 Vict. c. 118, s. 158. 
 d. Norton v. Webster (1840), 4 (8) 15 & 16 Vict. c. 79, s. 21. 
 P. & D. 270 ; 12 A. & E. 442 ; (9) 36 Vict. c. 19. 
 
 9 L. J. Q. B. 373 ; 4 Jur. 1010 ; (10) 8 & 9 Vict. c. 118. 
 Official Circulars of the Poor Law (11)2 Will. IV. c. 42.
 
 48 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, the trustees of allotments provided under an Act for inclosure 
 c. 73, s. 6, n. f i an( j as above mentioned, or by the vestry of any parish 
 having powers to make orders as to allotments under the 
 Allotments Act, 1832, whenever the number of trustees, or of 
 persons entitled to attend the vestry, as the case may be, for 
 the time being, exceeds twenty. 1 A committee so appointed 
 are to be substituted for, and exercise, the powers of the allot- 
 ment trustees or vestry as the case may be.' 2 If any authority 
 required by the Act to appoint a committee fail to do so, a 
 committee may be appointed by the Board of Agriculture. 3 
 The Act further contains certain amendments of the Allotments 
 Act, 1 832/ as to the letting of the allotments, the application 
 of rent paid for them, &c; 5 enables land acquired under the 
 Poor Relief Act, 1819,° or the amending Acts of 1831, 7 
 above-mentioned, to be disposed of if it is found unsuitable for 
 the purposes of those Acts, 8 and contains a saving clause as to 
 the jurisdiction of the Charity Commissioners. 9 
 
 The Commons Act, 1876, enacts that "notwithstanding 
 anything in any other Act contained, it shall not be lawful . . . 
 to authorise the use of or to use " any fuel allotment set out in 
 pursuance of any inclosure Act passed prior to 1845, or under 
 the Inclosure Acts, 1845 to 1868 10 " or any part thereof, for 
 any other purpose than those declared concerning the same by 
 the Act of Parliament and award, or either of them, under 
 which the same has been set out." A proviso to this enact- 
 ment, however, enables the Charity Commissioners to authorise 
 the use of a fuel allotment as a recreation ground and field 
 gardens or for either of those purposes, and to establish a 
 scheme accordingly, or to authorise the exchange of such an 
 allotment, or part thereof, for the purpose of obtaining land 
 better suited for the purpose for which the allotment was set 
 out. 11 The same Act contains a section 12 quoted post, p. 55, 
 applicable to the letting of land allotted to the poor for the 
 purpose of cultivation under any Inclosure Act whatsoever. 
 
 The Allotments Extension Act, 1882, 13 provides that " all 
 trustees in whom lands are vested or by whom the same are 
 held or managed for the benefit of the poor of any parish or 
 place in or adjoining to that in which such lands are situate, 
 
 (1) 36 Vict. c. 19, s. 3 ; as to partially repealed by the Allot- 
 the appointment and proceedings ments Extension Act, 1882 (45 & 
 of the committee, see ib. ss. 5-8. 46 Vict. c. 80), s. 6. 
 
 (2) Ib. s. 4. (6) 59 Geo. III. c. 12. 
 
 (3) Ib. s. 9. The powers of the (7) 1 & 2 Will. IV. c. 42 ; 1 & 2 
 Inclosure Commissioners, referred Will. IV. c 59. 
 
 to in this section are now vested in (8) 36 Vict. c. 19, s. 15. 
 
 that Board ; see post, p. 51. (9) Ib. s. 16. 
 
 (4) 2 Will. IV. c. 42. (10) As to these Acts, see post, 
 
 (5) 36 Vict. c. 19, ss. 10-14. PP- 5°-57- 
 
 Sect. 10 is repealed by the Statute (n) 39 & 40 Vict. c. 56, s. 19. 
 
 Law Revision Act, 18S3, but not (12) Ib. s. 26. 
 
 so as to revive the enactment 1 it (13) 45 & 46 Vict. c. So. 
 repealed ; sect. 12 is impliedly
 
 I.] Powers and Duties of Parish Councils and Meetings. 49 
 
 and whereof the rents or produce are distributed in gifts of 5 6 & 57'iVict. 
 money, doles, fuel, clothing, bread, or other articles of susten- c - 73> s - 6 > "■ 
 ance or necessity, shall, where such lands are not otherwise 
 used for the benefit of the parish in which it (sic) is situate as 
 a recreation ground, or otherwise for the enjoyment or general 
 benefit of the inhabitants, take proceedings," subject to the 
 provisions of the Act " for letting such lands in allotments to 
 cottagers, labourers, and others." 1 The expression " trustees " 
 is defined a as meaning " trustees, feoffees, and managers, 
 whether corporate or sole, or a committee of the same in such 
 cases as are provided for in the Poor Allotments Management 
 Act, 1873." 3 The Charity Commissioners are however em- 
 powered to grant a certificate, which is revocable, that lands 
 which the Act would otherwise require to be let in allotments 
 are unsuitable for the purpose, in which case the trustees are 
 not bound to set apart under the Act the lands to which the 
 certificate applies. 4 The Act amends the Allotments Act, 
 1832, 5 as to the persons to whom allotments may be let, 6 but 
 is otherwise inapplicable to lands with regard to which the 
 earlier Act has been put in force. 7 The allotments are to 
 " be let free of all charges (that is to say, tithe), tithe-rentcharge, 
 taxes, and outgoings whatsoever, and ... at such rent as 
 land of the same quality is usually let for in the same parish, 
 with such addition as is necessary to satisfy the said charges ; " 
 the expression " outgoings " being used as including " the 
 expense of getting possession, and allotting, dividing, and 
 fencing the field or portion of land set apart, and collecting 
 the rents, and any sum payable for such draining of the allot- 
 ments and means of approach to the allotments as may be 
 necessary." 8 The trustees are to be deemed the occupiers of 
 the allotments for the purposes of rates, taxes, tithes, and tithe 
 rentcharge. 9 One person is not to hold more than one acre. 10 
 And no building is to be erected for or used as a dwelling or 
 workshop on any part of any allotment. 11 The Act enables 
 the trustees to let land found to lie at an inconvenient distance 
 from the residences of any cottagers and labourers for the best 
 rent that can be obtained and to hire land in lieu thereof for 
 the purposes of the Act more favourably situated. 12 It makes 
 provision for the case of land held partly for the benefit of the 
 poor and partly for other objects 13 ; enables the trustees to make 
 rules for the appointment and powers of local managers of 
 allotments, and otherwise for carrying its provisions into effect, 
 which rules may however be disallowed by the Charity Com- 
 missioners, and maybe made the subject of a complaint to that 
 
 (1) 45 & 46 Vict. c. So, s. 4. (8) lb. s. 13 (2). 
 
 (2) lb. s. 1. ( 9 ) lb. s. 13 (3).' 
 
 (3) 36 Vict. c. 19. (10) lb. s. 13 (4). 
 
 (4) 45 & 46 Vict. c. 80, s. II. (11) lb. s. 13 (5). 
 
 (5) 2 Will. IV. c. 42. (12) lb. s. 5. 
 
 (6) 45 & 46 Vict. c. So, s. 6. (13) lb. s. 8. 
 
 (7) lb.
 
 50 The Local Government Act, 1894. [Part 
 
 56 & 57. Vict, body; 1 enables a complaint to be made to the Charity Com- 
 c 73> s - G> n - missioners if the trustees fail to carry out the Act ; 2 and 
 contains provisions as to the method of letting allotments, 3 as 
 to the persons to whom the allotments are to be let, 4 as to the 
 recovery of the rent of the allotments, 5 and as to cases where 
 the trustees are unable to let allotments. 6 The Act lastly 
 provides that in certain schemes of the Charity Commissioners 
 a provision is to be inserted authorising the trustees of the 
 charity to set apart portions of the land held by them to be let 
 in allotments in the manner provided by the Act ; 7 and 
 contains a saving for the powers conferred on the trustees of 
 any charities or on the Charity Commissioners by the Endowed 
 Schools Acts or the Acts amending the same. 8 
 
 The Allotments Act, 1887, 9 contains provisions enabling 
 trustees within the meaning of the Allotments Extension Act, 
 1882, to transfer land held by them for allotments to the 
 sanitary authority to be held by them for the purposes of 
 allotments under the Act of 1887. 
 
 The last Act directly affecting such allotments as have been 
 dealt with is the Allotments Rating Exemption Act, 1891, 10 
 which provides that allotments shall enjoy the same partial 
 exemption from rates under the Public Health Act, 1875, u as 
 is enjoyed by woodlands, market gardens, &c. ; and defines the 
 expression " allotment " as meaning " any parcel of land not 
 more than two acres in extent and let as an allotment, and 
 cultivated as a garden or a farm, or partly as a garden and 
 partly as a farm." 
 
 Allotments under the Inclosurc Acts, 1845 to 1882. 12 To 
 render the provisions of these Acts as to allotments intelligible, 
 it is necessary to premise a short account of their general 
 scheme. 
 
 Under the InclosureAct, 1845, 13 provision was made for the 
 appointment of Inclosure Commissioners. 14 The powers of the 
 Inclosure Commissioners were subsequently vested in a body 
 
 (1) 45 & 46 Vict. c. 80, s. 9. 15 & 16 Vict. c. 79 ; 17 & 18 Vict. 
 
 (2) lb. s. 10. c. 97; 20 & 21 Vict. c. 31 ; 22 & 
 
 (3) lb. s. 13 (1). 23 Vict. c. 43, may each of them be 
 
 (4) lb. s. 7. cited as " the Inclosure Act " with 
 
 (5) lb. s. 12. the addition of the year in which it 
 
 (6) lb. s. 13 (6). was passed. The remaining six 
 
 (7) lb. s. 14. Acts are : the Incisure Commis- 
 si lb. s. 15. As to the En- sioners Act, 1851 (14 & 15 Vict. 
 
 dowed Schools Acts, see the note c. 53) ; the Inclosure, etc., Expenses 
 
 to sect, impost. Act, 1S6S (31 & 32 Vict. c. 89); 
 
 (9) 50 & 51 Vict. c. 48, s. 13 (2), the Commons Act, 1S76 (39 & 40 
 
 set out in the Appendix. Vict. c. 56) ; the Commons (Ex- 
 do) 54 & 55 Vict. c. 33. penses) Act, 1S78 (41 & 42 Vict, 
 (n) 38 & 39 Vict. c. 55, see ss. c. 56); the Commons Act, 1879 (42 
 
 211 (1) (b), 230. & 43 Vict. c. 37) ; and the Com- 
 
 (12) These Acts are fifteen in monable Rights Compensation Act, 
 
 number ; nine out of the first ten, 1S82 (45 & 46 Vict. c. 15). 
 
 8 & 9 Vict. c. 118 ; 9 & 10 Vict. (13) 8 & 9 Vict. c. 11S. 
 
 c. 70 ; 10 & 11 Vict. c. in ; 11 & 12 (14) lb. ss. 1-8, now repealed. 
 
 Vict. c. 99 ; 12 & 13 Vict. c. 83 ;
 
 I.] Powers and Duties of Parish Councils and Meetings. 51 
 
 who were at first styled the Copyhold Commissioners, Tithe 56 & 57 Vict. 
 Commissioners, or Inclosure Commissioners, according to the c. 73, s. 6, n. 
 particular capacity in which they might be acting, but who 
 were afterwards styled the Lands Commissioners. 1 Now, 
 under the Board of Agriculture Act, 1889, the powers of the 
 Inclosure Commissioners are vested in the Board of Agri- 
 culture to whom the powers of the Lands Commissioners were 
 by that Act transferred. 2 
 
 The earlier Acts applied originally only to the inclosure of 
 commons, but, by the Commons Act, 1876, 3 they were ex- 
 tended to the regulation of commons. 4 The general course of 
 procedure is shortly as follows 5 : — 
 
 Upon the application of persons interested in any common 6 
 for a provisional order for enclosing or regulating the same, 
 the Board of Agriculture may order a local enquiry to be 
 held. 7 The result of the local enquiry is reported to the 
 Board, 8 who may then frame a draft provisional order for the 
 enclosure or regulation of the common, as the case may be, 
 which is deposited for the consideration of the parties 
 interested. After certain further steps the Board may confirm 
 the order, with or without amendments, and certify that it is 
 expedient that the order should be confirmed by Parliament. 9 
 Thereupon an Act of Parliament is usually passed confirming 
 the order. The Act may of course contain any provisions 
 Parliament think fit to insert; but, subject to any such 
 provisions, and to any provisions contained in the order 
 confirmed by Parliament, the provisions of the Inclosure Acts 
 will apply to the inclosure or regulation of the common in 
 •question. 10 
 
 The course of proceedings marked out by the Inclosure Acts, 
 after an Act authorising the inclosure of a common has been 
 passed, is shortly as follows 11 : — 
 
 At a meeting of the persons interested in the common a 
 
 (1) See 14 & 15 Vict. c. 53; 45 of the Inclosure Commissioners 
 & 46 Vict. c. 38, s. 48 (1), now without an Act of Parliament, the 
 repealed. changes have, for the most part, 
 
 (2) 52 & 53 Vict. c. 30, s. 2. been in matters of detail. 
 
 (3) 39 & 40 Vict. c. 56. (6) As to who are persons in- 
 
 (4) As to the meaning of the terested in a common within the 
 •expression "common," which is meaning of the Acts: see 8 & 9 
 employed in the Commons Act, Vict. c. 118, ss. 16-23; x 7 & J 8 
 1876 (39 & 40 Vict. c. 56), s. 37, Vict. c. 97, s. 4 ; 20 & 21 Vict, 
 to mean lands subject to be inclosed c. 31, s. 4. 
 
 under the Inclosure Acts, 1S45 to (7) 39 & 40 Vict. c. 56, ss. 2, 9, 
 
 1868, and is not confined to com- 10. 
 
 imons in the popular sense, see 8 & (8) lb. s. n. 
 
 9 Vict. c. nS, ss. 11-15. (9) lb. s. 12 (9). 
 
 (5) The procedure has of course (10) 8 & 9 Vict. c. 118, s. 32; 
 varied from time to time as the and see 39 & 40 Vict. c. 56, s. 13. 
 successive Acts have been passed; (11) As to the application of the 
 but, except that for a few years earlier Acts in the case of the regu- 
 inclosures might under some cir- lation of a common : see 39 & 40 
 cumstances be made under an order Vict. c. 56, s. 13. 
 
 E 2
 
 52 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, valuer is appointed, 1 to whom instructions not inconsistent 
 c. 73, s. 6, n. w ith the provisional order or confirming Act may be given by 
 such persons subject to the confirmation of the Board of 
 Agriculture. 2 The valuer, who may be assisted under certain 
 circumstances by other persons, 3 holds meetings for the 
 examination of claims and objections, &c., 4 and proceeds, 
 after setting out roads, watercourses, and the like, 5 alloting 
 portions of the land for various public purposes, 6 to allot the 
 remainder of the land among the various persons interested. 7 
 Then, after certain intermediate proceedings the valuer, under 
 the direction of the Board of Agriculture, draws up his award 
 in the matter of the inclosure and the award is confirmed by 
 the Board. 8 The award may be subsequently amended under 
 certain circumstances by the Board of Agriculture ; but subject 
 to such alterations it is binding and conclusive on all persons, 
 and is apparently practically unimpeachable. 9 
 
 The provisions of the Acts directly relating to allotments, 
 village greens, recreation grounds, &c, may now be referred to. 
 Village greens. — A village or town green is not to be inclosed 
 under the Acts, but where an inclosure of land is made in the 
 parish in which the town or village green is situate, the Board 
 of Agriculture may direct that " such town green or village 
 green, provided such green be of equal or greater extent, be 
 allotted to the churchwardens and overseers of the poor of such 
 parish, in trust to allow the same to be used for the purposes 
 of exercise and recreation." 10 What the words " provided 
 such green be of equal or greater extent " refer to, does not 
 appear. 
 
 The allotment of such green may be in addition to other 
 land allotted for the purposes of exercise or recreation, or, if 
 the Board of Agriculture think it sufficient, may be in substi- 
 tution for other land which might have been required to be 
 allotted for such purposes. 11 The Acts contain provisions as 
 to the fencing, draining and levelling of a village green so 
 allotted, the preservation of the surface of the same, and the 
 definition of its boundaries in certain cases ; 12 and provisions, 
 which are not confined to village greens allotted under the 
 Inclosure Acts, for the protection of village greens from 
 nuisances and encroachments. 13 
 
 Recreation grounds, and allotments for the labouring poor. — 
 The Board of Agriculture may, in a provisional order for the in- 
 closure of a common, in certain cases, require the appropriation 
 
 (1) 8 & 9 Vict. c. 11S, s. 33. (7) 8 & 9 Vict. c. 118, ss. 76, 77, 
 
 (2) lb. ss. 34, 36. 79-90. 
 
 (3) lb. ss. 35, 37. (8) lb. s. 104. 
 
 (4) lb. s. 46, and see ss. 47-54. (9) lb. s. 105. 
 
 (5) lb. ss. 61-68; n & 12 Vict. (10) lb. s. 15. 
 c. 99, s. 4; 15 & 16 Vict. c. 79, (11) lb. 
 
 s. 2 ; 17 & 18 Vict c. 97, s. 9. (12) 8 & 9 Vict. c. 118, ss. 15, 73.; 
 
 (6) See 8 & 9 Vict. c. 118, 15 & 16 Vict. c. 79, s. 14. 
 
 ss. 72-75; 20 & 21 Vict. c. 31, (13) 20 & 21 Vict. c. 31, s. 12; 
 s. 13. 39 & 40 Vict. c. 56, s. 29.
 
 I.] lowers and Duties of Parish Councils and Meetings. 53 
 
 of allotments for a recreation ground and for the labouring 56 & 57 Vict, 
 poor ; 1 and, in a provisional order for the regulation of a c - 73> s - 6 » n - 
 common, may require the appropriation of an allotment for the 
 labouring poor.'- The instructions given to the valuer may, so 
 far as is consistent with the provisional order and confirming 
 Act, require the appropriation of allotments for, among other 
 public purposes, a recreation ground, and allotments or field 
 gardens for the labouring poor ; 3 and the valuer, in pursuance 
 of, or in any manner not inconsistent with, the provisional 
 order, confirming Act and instructions, is to allot land accord- 
 ingly for a recreation ground, as an allotment for the labouring 
 poor, and for other public purposes. 4 
 
 Provision is made for the substitution for the land originally 
 intended or appropriated for such allotments, either of other 
 portions of the land to be inclosed, or, by way of exchange, of 
 other land in the neighbourhood ; 5 and as to the situation of 
 allotments for a recreation ground or for field gardens. 6 
 
 The land appropriated for a recreation ground is to be 
 allotted to the churchwardens and overseers. 7 Under the 
 Inclosure Act, 1845, the allotment might be made to other 
 persons, 8 but this provision is now repealed. 9 Allotments 
 made under that Act to persons other than the overseers and 
 churchwardens however remain vested in such persons or in their 
 successors. Provisions are made for the fencing, drainage, and 
 levelling of an allotment for recreation, for the preservation of 
 the surface of the same, and for the letting of the herbage. 10 
 The rents arising from the letting of the herbage where the 
 allotment is vested in the churchwardens and overseers, are to 
 be applied in the first place in maintaining and repairing the 
 fences of the allotment and keeping the surface thereof drained 
 and level ; and the surplus rent is to be applied to all or some 
 of the following purposes : — Improving the recreation grounds 
 or any of them in the same parish or neighbourhood, or main- 
 taining the drainage or fencing thereof; in hiring or purchasing 
 additional land for recreation grounds in the same parish or 
 neighbourhood ; or in improving the field gardens allotted 
 under the Acts in the same parish or neighbourhood or main- 
 taining the drainage and fencing thereof. 11 Churchwardens and 
 overseers acting as trustees of recreation grounds are required 
 to make periodical reports to the Board of Agriculture. 12 
 
 (1) 8 & 9 Vict. c. 11S, ss. 30, 31, (7) 8 & 9 Vict. c. 118, s. 73 ; 
 partly repealed by the 39 & 40 Vict. 39 & 40 Vict. c. 56, s. 25. 
 
 c. 56, ss. 24, 34; and see 39 & 40 (8) 8 & 9 Vict. c. 118, ss. 73, 
 
 Vict. c. 56, ss. 7, 12 (2), 23. 74. 
 
 (2) 41 & 42 Vict. c. 56, s. 4. (9) 39 & 40 Vict. c. 56, s. 25. 
 
 (3) 8 & 9 Vict. c. 118, s. 34. (10) 8 & 9 Vict. c. 118, ss. 73, 
 
 (4) lb. s. 73. 74 ; 15 & 16 Vict. c. 79, s. 14. 
 
 (5) 8 & 9 Vict. c. 118, ss. 92, (11) 8 & 9 Vict. c. 118, s. 73; 
 149-151 ; 9 & 10 Vict. c. 70, s. 4 ; 39 & 40 Vict. c. 56, s. 27 ; 42 & 
 15 & 16 Vict. c. 79, s. 21 ; 39 cS: 43 Vict. c. 37. 
 
 40 Vict. c. 56, s. 22. (12) 39 & 40 Vict. c. 56, s. 28. 
 
 (6) 39 & 40 Vict. c. 56, s. 23.
 
 54 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Allotments for the labouring poor to be used as field gardens 
 c 73, s. 6, n. ar6j un l ess the Board of Agriculture otherwise direct, to be 
 cleared, drained, fenced, levelled, and otherwise fitted for 
 immediate use and occupation by the valuer ; and the expenses 
 of so preparing the allotments are to be paid as part of the 
 general expenses of the enclosure. 1 
 
 Allotments for the labouring poor are to be vested in the 
 churchwardens and overseers. 2 Such allotments were formerly 
 required to be made subject to a rent-charge, 3 but this is no- 
 longer the case. 4 Allotments made subject to such a rent- 
 charge remain, however, subject to the same. 5 The Allotments 
 are, under the Acts, to be managed by " allotment wardens " 6 
 
 With regard to the letting of the allotments, it is provided 
 by the Inclosure Act, 1845, 7 that " the allotment wardens shall 
 from time to time let the allotment under their management 
 in gardens not exceeding a quarter of an acre each to such 
 poor inhabitants of the parish for one year, or from year to 
 year, at such rents, payable at such times, and on such terms- 
 and conditions, not inconsistent with the provisions of this Act, 
 as they shall think fit : provided always, that the commissioners s 
 may frame such regulations, not inconsistent with the provisions 
 of the Act, for the letting of such allotments as aforesaid, as 
 they may think advisable, and such regulations shall be obliga- 
 tory on the allotment wardens during five years from the date 
 thereof or during such shorter period as the commissioners 
 shall direct : provided also, that the gardens so to be let shall 
 be let free of all tithe or tithe rent-charge (if any), rates, taxes, 
 and assessments whatsoever, and shall before the first letting 
 thereof, and once at least in every ten years after such first 
 letting, be valued by a competent person to be appointed by 
 the allotment wardens for that purpose, who shall estimate the 
 full rent which the same would be worth to be let by the year 
 for farming purposes, all tithes or tithe rent-charge, rates, taxes, 
 and assessments, being borne by the landlord, and shall verify 
 such valuation by solemn declaration under the statute ; \a?id 
 the refit at which the same gardens respectively shall be let shall 
 be not below the full yearly value of the land according to the last 
 of such valuations ;] 9 and the allotment wardens shall, for the 
 purposes of all rates and taxes, be deemed the occupiers of 
 such allotment, and shall pay all rates and taxes, tithes and 
 tithe rent-charge (if any), in respect thereof: provided always, 
 that no building whatsoever shall, under any such letting as 
 
 (1) 39 & 40 Vict. c. 56, s. 21. (7) lb. s. 109. 
 
 (2) 8 & 9 Vict. c. 118, s. 73. (8) Now the Board of Agricul- 
 
 (3) lb. ss. 31, 73, 78. ture. 
 
 (4) 39 & 40 Vict. c. 56, s. 24. (9) The words in italics were 
 
 (5) As to the payment, recovery impliedly repealed by the Commons 
 and application of the rentcharge, Act, 1S76 (39 & 40 Vict. c. 56), 
 etc., see 8 & 9 Vict. c. 118, s. 75 ; s. 26, and expressly by the Statute 
 15 & 16 Vict. c. 79, ss. 18, 19. Law Revision Act, 1891. 
 
 (6) 8&9 Vict. c. 118, s. 108.
 
 I.] Powers and Duties of Parish Councils and Meetings. 55 
 
 aforesaid or otherwise, on any pretence, be erected for or used 56 & 57 Vict, 
 as a dwelling on any such garden or on any part of any such c - 73» s - 6 > n - 
 allotment ; and in case any such building shall be erected or 
 used as aforesaid contrary to this provision, the allotment 
 wardens shall forthwith pull down the same, and sell and 
 dispose of the materials thereof, and the produce of such sale 
 shall be applicable in like manner as the rents of such gardens. 
 
 This enactment is amended by sect. 26 of the Commons 
 Act, 1876, 1 which, after reciting certain of its provisions, enacts 
 as follows : — " allotment wardens, if they are unable to let the 
 allotments under their management, or any portion thereof, to 
 the poor inhabitants of the parish in gardens not exceeding a 
 quarter of an acre, may let the same, or any unlet portion 
 thereof, in gardens not exceeding an acre each to such in- 
 habitants as aforesaid : further, it shall be the duty of allotment 
 wardens to offer the gardens under their management to the 
 poor inhabitants of the parish at a fair agricultural rent, if from 
 time to time sufficient to satisfy all rates, taxes, tithes, tithe 
 rent-charge, and the rent-charge charged on the said allotments 
 under the provisions of ' The General Inclosure Act, 1845,' but 
 not otherwise, instead of at such rent as is required by the said 
 Act. Moreover, if in any parish the allotment wardens are 
 unable to let the allotments under their management, or any 
 portion thereof, to the poor inhabitants of the parish in such 
 quantities and at such rents as aforesaid, they may let the 
 same, or such portion as may be unlet to any person whatever 
 at the best annual rent which can be obtained for the same, 
 without any premium or fine, and on such terms as may enable 
 the allotment wardens to resume possession thereof within a 
 period not exceeding twelve months, if it should at any time be 
 required for such poor inhabitants as aforesaid. 
 
 " This section shall apply to all land allotted to the poor for 
 the purpose of cultivation under any Inclosure Act whatever, 
 whether public or private, whether under the management of 
 allotment wardens, feoffees, trustees, rector, or vicar and 
 churchwardens, overseers, managers, or any other person or 
 persons whatever, and whether at present cultivated or unculti- 
 vated, so that all such persons as aforesaid shall have like 
 powers and duties as are hereinbefore given to and imposed 
 upon allotment wardens." 
 
 With regard to the recovery of possession of the field 
 gardens, it is provided by the Inclosure Act, 1845, 2 tnat " ^ tne 
 rent reserved upon the letting of any garden by the allotment 
 wardens shall at any time be in arrear for forty days, or if at 
 any time during the tenancy, being not less than three calendar 
 months after the commencement thereof, it shall appear to the 
 allotment wardens that the occupier of such gardens shall not 
 have duly observed the terms and conditions of his tenancy, or 
 shall have gone to reside more than one mile out of the parish, 
 
 (1) 39 & 40 Vict. c. 56, s. 26. (2) 8 & 9 Vict. c. 11 8, s. no.
 
 56 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, then and in every such case the allotment wardens shall serve 
 c. 73, s. 6, n. a notice upon such occupier, or in case he shall have gone to 
 reside out of the parish shall affix the same to the door of the 
 church of the parish, determining the tenancy at the expiration 
 of one month after such notice shall have been so served or 
 affixed, and thereupon such tenancy shall be determined 
 accordingly : provided always, that in every such case the 
 allotment wardens or their incoming tenant shall pay to the 
 occupier whose tenancy shall have been so determined a fair 
 recompense in money for any crops (not being crops prohibited 
 by the terms of such tenancy) which may be growing on such 
 garden at the time of such determination, and for any manure 
 left on such garden, or any benefit accruing from the manuring 
 of such garden to the wardens or their incoming tenant ; and 
 the justices to whom application may be made for a warrant to 
 give possession of such garden shall settle the amount of such 
 recompense, in case the parties differ about the same, and stay 
 the execution of such warrant until the same shall have been 
 paid or tendered, or (in case such occupier be absent) until the 
 payment thereof shall have been secured to the satisfaction of 
 such justices." 
 
 The same Act provides, 1 that in case, upon the termination 
 of the tenancy of a field garden, the occupier refuses to quit 
 and deliver up possession thereof, or if any other person un- 
 lawfully enters upon, takes or holds possession of such garden, 
 or of any part of such allotment, the allotment wardens may 
 recover possession of the same under the Small Tenements 
 Recovery Act, 1838, 2 which enables proceedings for the 
 recovery of the possession of small tenements to be taken in 
 a summary way before justices of the peace. 
 
 The rents of the field gardens are to be payable to the 
 allotment wardens, who are to have the same remedies for the 
 recovery thereof by distress or otherwise as if the legal estate 
 in the allotments were vested in them. 3 Such rents are to be 
 applied in the first place in payment of all rates, taxes, tithes, 
 tithe rent-charge, and of the rent-charge, if any, charged on the 
 allotment, and of the expenses of the allotment wardens under 
 the Acts ; and the surplus is to be applied in improving the 
 field gardens or any of them in the same parish or neighbour- 
 hood, or maintaining the drainage and fencing thereof, or in 
 hiring or purchasing additional land for field gardens in the 
 same parish or neighbourhood. 4 
 
 The allotment wardens are required to make periodical 
 reports as to the field gardens to the Board of Agriculture. 5 
 
 The Commonable Rights Compensation Act, 1882,° contains 
 provisions under which money paid under the Lands Clauses 
 Acts, or any other Act, to a committee of commoners as 
 
 (1) 8 & 9 Vict. c. 118, s. in. c. 56, s. 27. 
 
 (2) r & 2 Vict. c. 74. (5) 39 & 40 Vict. c. 56, s. 28. 
 
 (3) 8 & 9 Vict. c. 11S, s. 112. (b) 45 & 46 Vict. c. 15. 
 
 (4) lb. s. 112; 39 & 40 Vict.
 
 I.] Powers and Duties of Parish Councils and Meetings. 57 
 
 compensation for commonable rights, &c, may, among other 56 & 57 Vict, 
 objects, be applied in the purchase of land to be used as a c - 73> s. 6, «. 
 recreation ground for the neighbourhood. 1 Land so purchased 
 is to be conveyed to the local authority, and to be held and 
 managed by them under the provisions of the Inclosure Acts, 
 1845 to 1878. 2 For the purposes of the Act, the local authority 
 in a rural parish are the churchwardens and overseers. 3 
 
 It remains to mention that the Allotments Act, 1887, 4 
 enables the allotment wardens to transfer the management of 
 land appropriated as allotments for the labouring poor under 
 the Inclosure Acts to the sanitary authority, in which case the 
 provisions of the Act of 1887 will apply to such land; and to 
 call attention to the provisions of the Allotments Rating 
 Exemption Act, 1891, 5 referred to, ante, p. 50. 
 
 Fuel allotments, 6rc. — Allotments appropriated under the 
 Inclosure Acts for public purposes other than those already 
 referred to, with the exception of allotments for the supply of 
 road material, which are to be allotted to the highway 
 authority, 6 may be allotted to such persons as the valuer with 
 the approbation of the Board of Agriculture may think fit ; 
 but in every case in which the valuer with such approbation 
 does not think it proper or necessary to direct the same to be 
 otherwise allotted, such allotments are to be made to the 
 churchwardens and overseers to be held on trust for the 
 purposes for which the same shall be allotted. 7 
 
 Among these purposes is the supply of fuel to the poor or 
 other inhabitants of the parish. The provisions of the 
 Commons Act, 187 6, 8 referred to ante, p. 48, as to the diversion 
 of fuel allotments to other purposes, are applicable, it should be 
 observed,. to fuel allotments made under the Inclosure Acts. 
 
 Sale, exchange, and letting of parish property. — By sect. 8 (2) 
 the parish council are directly given powers, subject to certain 
 conditions, to sell, exchange, or let any land or buildings 
 vested in them. The powers as to the sale, &c, of parish 
 property which are transferred to them by the present section 
 extend to parish property that may not be so vested in them, 
 and, even in the case of property vested in the parish council, 
 may not infrequently be found useful, as obviating difficulties 
 as to title, simplifying conveyances, &rc. 
 
 The principal Acts conferring on guardians the powers in 
 question are the Union and Parish Property Act, 1835, 9 an 
 Act of 1837, 10 and the Parish Property and Parish Debts Act, 
 1842. 11 These Acts enable the guardians of any parish or 
 union, with the approbation and subject to the rules, orders, 
 and regulations of the Local Government Board, to sell, 
 
 (1) 45 & 46 Vict. c. 15, s. 2 (1). (6) 8 & 9 Vict. c. 11S, s. 72. 
 
 (2) lb. s. 2 (5). (7) lb. s. 73. 
 
 (3) lb. (8) 39 & 40 Vict. c. 56, s. 19. 
 
 (4) 50 & 51 Vict. c. 48, s. 13 (1), (9) s & 6 Will. IV. c. 69. 
 
 set out in the Appendix. (10) 7 Will. IV. & 1 Vict. c. 50. 
 
 (5) 54 & 55 Vict. c. 33. (n) 5 & 6 Vict. c. 18.
 
 58 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, exchange, let, or otherwise dispose of any workhouse, tene- 
 c 73, s. 6, n. ments, buildings, land, effects, or other property belonging to 
 their parish or to any parish comprised in their union, as the 
 case may be, or held in trust for any such parish or for the 
 parishioners, ratepayers, or inhabitants thereof; subject to a 
 proviso that no such sale, exchange, or letting of any work- 
 houses, tenements, buildings, or land, is to take place without 
 the consent of a majority of the ratepayers and owners of the 
 parish. 1 The Poor Law Act, 1889, 2 however, has rendered 
 the consent of the owners and ratepayers unnecessary in the 
 case of a single parish with a separate board of guardians. 
 And by sect. 52 (1) of the present Act, the consent of the 
 parish meeting is, in a rural parish, substituted for that of the 
 owners and ratepayers. 
 
 In the Acts above referred to, the expression " parish " 
 means poor law parish, and the expression " guardians " 
 includes guardians under a local Act. 3 
 
 The powers of the guardians under the Acts extend to copy- 
 hold land ; 4 and special provisions are made for the enfran- 
 chisement of copyhold land in connection with the exercise of 
 such powers; 5 but the Acts do not authorise the sale, &c, of 
 any property given or bequeathed by way of charitable dona- 
 tion, or which has been allotted in right of some charitable 
 donation or otherwise for the poor persons of any parish and 
 not for the general benefit of the ratepayers, parishioners, or 
 inhabitants of the same. 6 
 
 The Acts provide for the application of the proceeds of a 
 sale or exchange effected under them 7 and for the form of 
 conveyances ; 8 and enable conveyances to be made without 
 the concurrence of trustees in whom the legal estate may be 
 outstanding. 9 
 
 With regard to property in which more parishes than one 
 are interested, the Parish Property and Parish Debts Act, 
 1842, 10 contains the following enactment: — "Where several 
 parishes shall have been or shall be jointly interested in any 
 workhouse, tenements, buildings, lands, whether of freehold, 
 copyhold, or customary tenure, effects or other property, it 
 
 (1) 5 & 6 Will. IV. c. 69, s. 3 ; Poor Law Amendment Act, 1834 
 5 & 6 Vict. c. 18, s. 2. As to the (4 & 5 Will. IV. c. 76), s. 109. 
 consent of the rate-payers and (4) 7 Will. IV. & 1 Vict. c. 50, 
 owners, see the Poor Law Amend- s. I. 
 
 ment Act, 1834 (4 & 5 Will. IV. (5) lb. ss. 2, 3. 
 
 c. 76), s. 40 ; the Poor Law (6) 5 & 6 Vict. c. 18, s. 2. 
 
 Amendment Act, 1844 (7 & 8 (7) 5 & 6 Will. IV. c. 69, s. 3. 
 
 Vict. c. 101), ss. 14-16 ; and the (8) lb. s. 6 ; 7 Will. IV. & 1 Vict. 
 
 Poor Law Amendment Act, 1867 c. 50, s. 4 ; and see the Divided 
 
 (30 & 31 Vict. c. 67) s. 11. Parishes and Poor Law Amend- 
 
 (2) 52 & 53 Vict. c. 56, s. S. ment Act, 18S2 (45 & 46 Vict. 
 
 (3) 5 & 6 Will. IV. c. 69, s. 9 ; c. 58), s. 14. 
 
 5 & 6 Vict. c. iS, s. 9 ; the Poor (9) 5 & 6 Vict. c. 18, s. 3. 
 
 Law Amendment Act, 1842 (5 & 6 (10) lb. 
 Vict. c. 57), s. 'iS ; and see the
 
 L] Powers and Duties of Parish Councils and Meetings. 59 
 
 shall be deemed to have been and shall be lawful for the said 56 & 57 Vict. 
 commissioners, 1 upon the application of the overseers of the c - 73> s - 6 > "• 
 major part of such parishes, and with the consent of the rate- 
 payers and owners of property in the major part of such 
 parishes, to be ascertained in the manner directed by the " 
 Union and Parish Property Act, 1842, "to order the same to 
 be sold, let, exchanged, or disposed of by the guardians of the 
 union in which such parishes or the greater part thereof shall 
 be situate, in such manner, and subject to such rules, orders, 
 and regulations, as the said commissioners shall deem fit ; and 
 it shall be deemed to have been and to be lawful for the said 
 commissioners to direct the application of the produce arising 
 from such sale, letting, or disposition in the same manner 
 and to and for the same purposes as the produce arising from 
 the sales of property belonging to other parishes may be 
 applied to." 
 
 The Sale of Exhausted Parish Lands Act, 1876, 2 provides 
 that " where land has been allotted to or otherwise acquired by 
 a parish, whether in the name of the surveyor of highways or 
 other trustees, or generally for the purpose of the supply of 
 materials for the repair of the public roads and highways in 
 such parish, and also for the repair of private roads therein, or 
 for some other purpose, public or private, and the materials in 
 such land shall be exhausted, or shall not be suitable or 
 required, and the land shall not be available for such other 
 purpose, if any, the same shall be dealt with as land which falls 
 within the operation of the third section of the Union and 
 Parish Property Act, 1835, and the Parish Property and Parish 
 Debts Act, 1842, subject to the provisions hereinafter con- 
 tained." 
 
 The Act requires the Local Government Board, before 
 issuing their order for the sale of the land, to hear and 
 determine objections and claims ; provides for the decision of 
 disputed claims, and for dealing with the interests of persons 
 under disability ; gives the adjoining owners a right of pre- 
 emption ; makes provision for dealing with mining rights ; and 
 provides for the application of the proceeds. 3 The expression 
 " parish " is defined as including " every township or other 
 place separately maintaining its own highways, except that 
 where such township is not a parish within the operation of 
 the above-mentioned Acts of the years 1835 and 1842 
 respectively, the proceedings to be taken under them shall be 
 restricted to such township or place." And it is provided that 
 the overseers of the poor law parish comprising the township 
 or place shall discharge the duties by the Act rendered 
 necessary for it in like manner as if it were co-extensive with 
 such parish. 4 
 
 (1) Now the Local Government (3) lb. ss. 2-6. 
 Board. (4) lb. s. 7. 
 
 (2) 39 & 40 Vict. c. 62, s. 1.
 
 6o The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. The Act applies, it will be noticed, only to land held partly 
 c. 73, s. 6, n. for the supply of materials for the repair of highways, and 
 partly for some other purpose. Enactments relating to the 
 sale of land held for the supply of materials for the repair of 
 highways only are referred to in sect. 52, and the note to that 
 section,/^/. 
 
 It should be observed that there is nothing in the present 
 Act to affect the powers of the guardians or of the owners and 
 ratepayers under the above-mentioned Act of 1876 in relation 
 to property belonging to a " parish " within the meaning of 
 that Act which is not a poor-law parish. 
 
 Sect. 7 of the Open Spaces Act, 1887, 1 provides that "any 
 corporation other than municipal corporations- or body of 
 persons having power, either with or without the consent of 
 any other corporation or body of persons, to sell land belong- 
 ing to such corporation or body may, but with the like consent 
 (if any), convey, for valuable or nominal consideration or by 
 way of gift, to any urban or rural authority such land, or any 
 part thereof, for the purpose of the same being preserved as an 
 open space for the enjoyment of the public, and may convey 
 the same with or without conditions " ; and further provides that 
 " where a corporation having power under this section to 
 convey land are themselves the urban or rural authority, this 
 section shall enable such authority to appropriate their land for 
 an open space." 
 
 The Local Government Board appear to regard .this section as 
 authorising the guardians of a union, with the consent of that 
 Board, and of the ratepayers and owners, to convey or 
 appropriate parish land for the purposes of an open space : 
 and the Board have issued an Order dated the 20th November, 
 1 89 1,' 2 containing regulations as to the method of obtaining 
 the consent of the ratepayers and owners under the Union and 
 Parish Property Act, 1835, the Sale of Exhausted Parish Lands 
 Act, 1876, or the Open Spaces Act, 1887. 
 
 It is the practice of the Local Government Board when 
 application is made to them respecting a proposal that the 
 guardians of a union should sell, let, or otherwise dispose of 
 parish property, to indicate to the parish officers the proper 
 mode of procedure to be adopted by them with a view to 
 obtaining the consent of the ratepayers and owners of 
 property to the proposal ; to furnish the officers with an 
 abstract of the statutory provisions relating to the voters 
 and the scale of votes at meetings of ratepayers and owners 
 under the Poor Law Amendment Act, 1S34, and with a copy 
 of the regulations prescribed by the General Order on the 
 subject. 3 
 
 Other enactments, under which parish property may be 
 
 (1) 50 & 51 Vict. c. 32, s. 7. (3) See the Report of the Local 
 
 (2) London Gazette, 24th Nov. Government Board for 1892-93, at 
 1S91, p. 6232. p. xcix.
 
 I.] Powers and Duties of Parish Councils and Meetings. 61 
 
 disposed of, are mentioned in the note to sect. 8, and in sect. 52, 56 & 57 Vict, 
 and the note to that section. c - 73. s - 6 > n - 
 
 Complaint or representation as to unhealthy houses or ob- 
 structive buildings. — The provisions of the Housing of the 
 Working Classes Act, 1890, 1 under which such a complaint 
 or representation as is referred to in sub-sect. (2) may be 
 made, are comprised in Part II. of that Act, and are as 
 follows — 
 
 Sect. 31. — (1.) " If in any district any four or more house- 
 holders living in or near to any street complain in writing to 
 the medical officer of health of that district that any dwelling- 
 house in or near that street is in a condition so dangerous or 
 injurious to health as to be unfit for human habitation, he shall 
 forthwith inspect the same, and transmit to the local authority 
 the said complaint, together with his opinion thereon, and if 
 he is of opinion that the dwelling-house is in the condition 
 aforesaid, shall represent the same to the local authority, but 
 the absence of any such complaint shall not excuse him from 
 inspecting any dwelling-house and making a representation 
 thereon to the local authority." 
 
 Sect. 38. — (1.) " If a medical officer of health finds that any 
 building within his district, although not in itself unfit for 
 human habitation, is so situate that by reason of its proximity 
 to or contact with any other buildings it causes one of the fol- 
 lowing effects, that is to say, — 
 
 " (a.) It stops ventilation, or otherwise makes or conduces 
 to make such other buildings to be in a condition 
 unfit for human habitation or dangerous or injurious 
 to health ; or 
 
 " (b.) It prevents proper measures from being carried into 
 
 effect for remedying any nuisance injurious to health 
 
 or other evils complained of in respect of such other 
 
 buildings ; 
 
 in any such case, the medical officer of health shall represent 
 
 to the local authority the particulars relating to such first 
 
 mentioned building (in this Act referred to as ' an obstructive 
 
 building') stating that in his opinion it is expedient that the 
 
 obstructive building should be pulled down. 
 
 (2.) "Any four or more inhabitant householders of a district 
 may make to the local authority of the district a representation 
 as respects any building to the like effect as that of the medical 
 officer under this section." 
 
 For the purposes of Part II. of the Act, the expressions 
 "local authority" and "district" mean, except as regards 
 London, sanitary authority and sanitary district respectively; 2 
 the expression " street " includes any court, alley, street, 
 square, or row of houses ; and the expression " dwelling- 
 house" means any inhabited building, and includes any yard, 
 garden, outhouses, and appurtenances belonging thereto or 
 
 (0 53 & 54 Vict. c. 70. (2) lb. s. 92, and 1st Schedule.
 
 62 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, usually enjoyed therewith, and includes the site of the dwelling- 
 
 c. 73, s. 6, n. house as so defined." 1 
 
 The Small Holdings Act, 1892. This Act 2 empowers 
 county councils to acquire land for the purpose of selling or 
 letting it as small holdings for agricultural purposes. Sect. 16 
 of the Act enables a county council, where they have provided 
 small holdings, to delegate certain of their powers in relation 
 thereto to a committee, of which, except in the case of small 
 holdings within a municipal borough, two allotment managers 
 or persons appointed as allotment managers are to be members. 
 
 Transfer of Sect. 7. — (1.) As from the appointed day, in every 
 powers rural parish the parish meeting shall, exclusively, have 
 
 u J de j lve the power of adopting any of the following Acts, inclusive 
 Acts. of any Acts amending the same (all which Acts are 
 
 in this Act referred to as " the adoptive Acts " ) ; 
 
 namely, — 
 3&4\vm.4c.9o. (a.) The Lighting and Watching Act, 1833; 
 
 «**2™cX: (&■) The Baths and Washhouses Acts, 1846 to 1882 ; 
 
 ls&ievict/ciss! ( c# ) The Burial Acts, 1852 to 1885 ; 
 
 23&24v£'.c.3o! (d-) The Public Improvements Act, 1860 ; 
 
 55!&5cvict.c.53. (e.) The Public Libraries Act, 1892. 
 
 (2.) Where under any of the said Acts a particular 
 majority is required for the adoption or abandonment of 
 the Act, or for any matter under such Act, the like 
 majority of the parish meeting or, if a poll is taken, of 
 the parochial electors, shall be required, and where under 
 any of the said Acts the opinion of the voters is to be 
 ascertained by voting papers, the opinion of the parochial 
 electors shall be ascertained by a poll taken in manner 
 provided by this Act. 
 
 (3.) Where under any of the said Acts the consent or 
 approval of, or other act on the part of, the vestry of a 
 rural parish is required in relation to any expense or rate, 
 the parish meeting shall be substituted for the vestry, 
 and for this purpose the expression " vestry " shall 
 include any meeting of ratepayers or voters. 
 
 (4.) Where there is power to adopt any of the adoptive 
 Acts for a part only of a rural parish, the Act may be 
 adopted by a parish meeting held for that part. 
 
 (5.) Where the area under any existing authority 
 acting within a rural parish in the execution of any of 
 the adoptive Acts is co-extensive with the parish, all 
 powers, duties, and liabilities of that authority shall, on 
 the parish council coming into office, be transferred to 
 that council. 
 
 (1) 53 & 54 Vict - c - 7°> s - 2 9- ( 2 ) 55 & 5 6 Vict. c. 31.
 
 I.] Powers and Duties of Parish Councils and Meetings. 63 
 
 (6.) This Act shall not alter the incidence of charge of 5 6 & 57 Vict, 
 any rate levied to defray expenses incurred under any of c- 73 ' s- 7 ' 
 the adoptive Acts, and any such rate shall be made and 
 charged as heretofore, and any property applicable to 
 the payment of such expenses shall continue to be so 
 applicable. 
 
 (7.) When any of the adoptive Acts is adopted for the 
 whole or part of a rural parish after the appointed day, 
 and the parish has a parish council, the parish council 
 shall be the authority for the execution of the Act. 
 
 (8.) For the purposes of this Act the passing of a 
 resolution to provide a burial ground under the Burial 
 Acts, 1852 to 1885, shall be deemed an adoption of those 
 Acts. 
 
 Note. The adoptive Acts. — The present section, it will be 
 observed, transfers the functions of an existing authority under 
 any of the adoptive Acts to the parish council, only where the 
 area over which the authority has jurisdiction is co-extensive 
 with a rural parish. Cases in which on the appointed day any 
 of the adoptive Acts is in force for an area not co-extensive 
 with a rural parish are provided for by sect. 53, which also 
 enables the county council to alter the boundaries of any such 
 area. Certain provisions as to the adoption and execution of 
 the adoptive Acts in urban districts are contained in sect. 62. 
 
 With regard to a transfer of powers, duties and liabilities 
 effected by the present Act generally, see the note to sect. 6, 
 ante, p. 28. 
 
 As to the " appointed day," see sect. 84, (4). 
 Provisions as to the borrowing of money for the purposes of 
 any of the adoptive Acts by a parish council acting in the 
 execution of such Acts are contained in sect. 12. 
 
 As to the holding of a parish meeting for part of a rural 
 parish, see sect. 49. 
 
 Under the first schedule, part I. (3), the notice to be given 
 of a parish meeting held to consider the adoption of any of the 
 adoptive Acts is to be longer than is required in ordinary 
 cases. 
 
 Authorities acting in the execution of the adoptive Acts are 
 in every case authorised by the Act or group of Acts under 
 which they act to acquire land. It seems, therefore, though 
 the point is not perhaps free from doubt, that an order might 
 be made under sect. 9, post, enabling land required by a parish 
 council for the purposes of any of the adoptive Acts in the 
 execution of which they may be acting to be acquired 
 compulsorily. 
 
 A brief account of the several adoptive Acts, with some 
 further observations on the provisions of the present Act 
 relating to such Acts, is subjoined.
 
 64 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. The Lighting and Watching Act, 1833. — This Act, 1 contains 
 c. 73, s. 7, n. two sets of provisions, relating respectively to lighting and to 
 watching. It may be adopted as a whole, or the provisions as 
 to either lighting or watching may be adopted separately. 2 
 With the exception, however, of one section, 3 which enables 
 the authority under the Act to provide and keep up fire 
 engines, the provisions with regard to watching, which pro- 
 vided for the establishment of a sort of local police force, are 
 obsolete. The provisions as to lighting, also, are superseded 
 within urban sanitary districts. 4 Hitherto the Act has, when 
 adopted, been carried out by a body of inspectors elected by 
 the ratepayers. 5 
 
 The Act authorises the adoption of its provisions for any 
 " parish." 6 The expression " parish" is not, strictly speaking, 
 defined, but it is provided 7 that " the powers given to watch 
 and light any parish shall be understood to be given to any 
 wapentake, division, city, borough, liberty, township, market 
 town, franchise, hamlet, tithing, precinct, and chapelry, or 
 parts within the same ; and where the word ' parish ' is used, 
 it shall be understood to extend to parts within the same; 
 and the powers given to a churchwarden shall be under- 
 stood to be given to any chapelwarden, overseer, or other 
 person usually calling any meeting on parochial business." 
 Provision is also made for the adoption of the Act for part of a 
 parish ; 8 and the authorities of two or more parishes for which 
 the Act has been adopted are enabled to unite for carrying out 
 its purposes. 9 
 
 The Act enables a meeting of the ratepayers of a parish 
 convened and held in a specified manner to determine, by a 
 two-thirds majority of the ratepayers present, to adopt the pro- 
 visions of the Act for the parish, and requires the meeting, if it 
 has been decided to adopt the provisions of the Act, to 
 determine further, the number of inspectors to be appointed to 
 carry the Act into effect, and the sum that the inspectors shall 
 have power to raise for the purpose in the ensuing year ; pro- 
 vision is, however, made for taking a poll by means of voting 
 papers with regard to the adoption of the Act, and the other 
 questions above-mentioned, upon the demand of a certain 
 number of ratepayers. For the adoption of the Act where a 
 poll is taken a two-thirds majority of those voting is required, 
 and the number voting must be a clear majority of the rate- 
 payers of the parish. 1 " If the adoption of the Act is not 
 
 (1) 3 & 4 Will. IV. c. 90. inspectors, ss. 22, 23. 
 
 (2) lb. s. 71. (6) lb. s. 4. 
 
 (3) lb. s. 44. (7) lb. s. 77. 
 
 (4) Public Health Act, 1875 (38 (8) lb. s. 73. 
 & 39 Vict. c. 55), s. 163. (9) lb. s. 61. 
 
 (5) 3 &4 Will. IV. c. 90, ss. 17- (10) lb. ss. 5-15, and see the 
 21 ; and see s. 14, and, as to the Parish Notices Act, 1837 (7 Will, 
 meetings and proceedings of the IV. & 1 Vict. c. 45).
 
 I.] Powers and Duties of Parish Councils and Meetings. 65 
 
 determined upon, another meeting to consider the question is 56 &~57 Vict. 
 not to be called within a year. 1 c - 73. s - 7, n. 
 
 The Act provides that, where its provisions are in operation, 
 a meeting of ratepayers, similar to that held for determining 
 upon the adoption of the Act, shall be held annually for the 
 purposes of receiving the inspectors' accounts and determining 
 the sum they shall have power to raise for the year; 2 and 
 that, at such meeting, one-third of the inspectors shall retire, 
 new inspectors being elected in their place. 3 A similar 
 meeting of ratepayers is also empowered after the Act has been 
 in force for a certain time to abandon it. 4 
 
 It is most difficult to understand the effect of the present 
 Act as regards the functions of a meeting of ratepayers under 
 the Lighting and Watching Act. The powers of such a 
 meeting, whether held for the whole or part of a rural parish, to 
 adopt the Act are clearly superseded by the powers conferred 
 on a parish meeting for the whole or part of the parish, as the 
 case may be, under sub-sect. (1) or sub-sect (4). And the 
 functions of such a meeting for the whole of a rural parish as 
 to the determination of the sum to be spent in the execution of 
 the Act, &c, are also clearly transferred to the parish meeting 
 by sub-sect. (3). On the other hand, there is no positive 
 provision transferring any of the powers of such a meeting held 
 for part of a parish, except that of adopting the Act, to a parish 
 meeting. Nor is there any positive provision transferring any 
 powers of such a meeting held for a whole parish, except the 
 power of adopting the Act and powers relating to any expense 
 or rate. Thus there is nothing positive to take from such a 
 meeting the power of abandoning the Act, or of electing the 
 inspectors, where, owing to there being no parish council, such 
 an election remains necessary. Yet in sub-sect. (2) it is 
 clearly assumed that the power of such a meeting to abandon 
 the Act is transferred to the parish meeting ; and it seems also 
 to be assumed that other powers of persons entitled to vote 
 upon questions arising with regard to the adoptive Acts, besides 
 those dealt with in sub-sect. (3), are so transferred. 
 
 The following is a brief summary of the provisions of the 
 Act relating to the powers and duties of the inspectors, and to 
 miscellaneous matters, omitting the obsolete provisions as to 
 watching : — 
 
 The inspectors may appoint and pay a treasurer and other 
 officers, and may hire an office for the transaction of business; 5 
 and they are to take security from the treasurer for the due 
 execution of his office. 6 Provision is made for the account- 
 ability of the treasurer and other officers, 7 and for preventing 
 their taking reward, other than their proper wages &c, for 
 
 (1) 3 & 4 Will. IV. c. 90, s. 16. (4) H>. s. 15. 
 
 (2) lb. ss. 9, 18-20. (5) lb. s. 24 ; and see s. 26. 
 
 (3) £>. s. 19 ; as to the election (6) lb. s. 25. 
 
 of inspectors, see also ss. 17, 21. (7) lb. ss. 26, 27. 
 
 F
 
 66 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, anything done under the Act, or being interested in any 
 
 Ci 73> s. 7, n. contract with the inspectors. 1 The inspectors are required to 
 
 keep minutes of their proceedings and proper accounts, 2 and 
 
 their accounts are to be laid before the annual meeting of the 
 
 ratepayers. 3 
 
 For the purpose of raising the sum that they are, by the 
 meeting of ratepayers, empowered to raise to meet their 
 expenses, the inspectors may make an order on the overseers 
 or other persons levying the poor rate, 4 who are then to make 
 and levy a rate, for the purpose of collecting, raising, and 
 levying which, they are to proceed in the same manner and to 
 have the same powers, remedies, and privileges as for levying 
 the poor rate, except that " houses, buildings, and property 
 other than land " are to be rated at a rate in the pound three 
 times greater than that at which land is to be rated. 5 The 
 last valuation acted upon for the poor rate is to be acted upon 
 in assessing this rate ; 6 but provision is made for dealing with 
 cases where houses, buildings, or other property, and land are 
 not separately valued for the purpose of the poor rate. 7 
 Powers are given to the overseers to levy rates made by their 
 predecessors, 8 and provision is made for the payment of the 
 sum required to the treasurer of the inspectors, 9 and for 
 recovery of the sums called for from the overseers in the event 
 of their failing to pay the same. 10 
 
 The inspectors are empowered to light, or contract for the 
 lighting of, the roads, streets and places in their district, 11 and 
 provisions are made as to the laying of gas pipes and pipes for 
 the discharge of waste liquids arising from the manufacture 
 of gas, as to the stoppage of the escape of gas, as to the pre- 
 vention of the contamination of water by gas, 12 and as to 
 the protection of the lamps, &c. ; from wilful or accidental 
 injury. 13 
 
 The inspectors are empowered to purchase or hire land 
 for the purposes of the Act, 14 but they have no borrowing 
 powers. 15 
 
 The Act contains a number of provisions relating to legal 
 proceedings, 16 among which may be noticed a section, 17 which 
 expressly provides that the Act is not to protect the inspectors 
 
 (1) 3 & 4 Will. IV. c. 90, s. 28. (14) lb. s. 59. As to the acquisi- 
 
 (2) lb. ss. 30, 31. tion of land by a parish council for 
 
 (3) lb. s. 19. the purposes of the Act, see, ante, 
 
 (4) lb. ss. 32, 37. p. 63. 
 
 (5) lb. s. 33; and see, as to an (15) Whether a parish council, 
 appeal against such a rate, s. 67. acting in the execution of the Act, 
 
 (6) lb. s. 33. could borrow money for the purposes 
 
 (7) lb. s. 34. of the Act seems doubtful. See 
 
 (8) lb. s. 35. sect. 12, and the note to that section, 
 
 (9) lb. s. 36. post. 
 
 (10) lb. s. 38. (16) 3 & 4 Will. IV. c. 90, ss. 29, 
 
 (n) lb. ss. 45, 57. 54, 58, 60, 63-68, 70. 
 
 (12) lb. ss. 46-53. (17) lb. s. 54. 
 
 (13) lb. ss. 55, 56.
 
 I.] Powers and Duties of Parish Councils and Meetings. 67 
 
 or their contractors from indictment or action in respect of any 56 & 57 Vict, 
 nuisance or injury arising from their works, &c, and a section 1 c - 73» s - 7> n - 
 giving an appeal to quarter sessions against, biter alia, any 
 order, direction, or appointment of the inspectors. 
 
 Lastly, the Act contains a saving with regard to the Metro- 
 politan Police Act, 1829, 2 and local Acts, and certain 
 provisions in favour of commissioners of sewers and the 
 Universities of Oxford and Cambridge. 3 
 
 The Baths and Wash-houses Acts, 1846 to 1882. — This 
 collective title includes four Acts, 4 passed respectively in 1846, 
 1847, 1878, and 1882, each of which may be cited as the 
 " Baths and Wash-houses Act" with the addition of the year in 
 which it was passed. 5 
 
 The Acts may be adopted for any urban sanitary district, 
 and when adopted carried into execution, by the sanitary 
 authority. 6 They may also be adopted for any parish not in 
 an urban sanitary district ; 7 the expression " parish " being 
 defined as meaning "not only every place having separate 
 overseers of the poor and separately maintaining its own poor, 
 but also every place maintaining its own poor and having a 
 vestry ; " 8 and neighbouring parishes for which the Acts have 
 been adopted are enabled to concur in carrying their provisions 
 into effect. 9 
 
 Hitherto, the vestry, with the consent of the Local Govern- 
 ment Board, have had the power, by a two-thirds majority, of 
 adopting the Acts for a parish ; 10 and a board of commissioners 
 elected by the vestry have been the authority for their execution 
 in a parish where they have been adopted. 11 
 
 The following is a brief summary of the principal powers 
 and duties of a board of commissioners appointed under the 
 Acts : — 
 
 They may provide, fit up and maintain public baths, public 
 wash-houses, open bathing places, and covered swimming 
 baths ; and may close a swimming bath provided by them 
 during five winter months, and either keep it closed, or 
 establish a gymnasium in it, or make use of it, or allow it 
 to be made use of, for certain other purposes. 12 They have 
 
 (1) 3 & 4 Will. IV. c. 90, s. 66. 1875, see the following repealed 
 
 (2) 10 Geo. IV. c. 44. enactments : 21 & 22 Vict. c. 98, 
 
 (3) 3 & 4 Will. IV. c. 90, ss. 72, s. 47 ; 29 & 30 Vict. c. 90, s. 43 ; 
 74-76. 35 & 36 Vict. c. 79, s. 7. 
 
 (4) 9 ■& 10 Vict. c. 74 ; 10 & ir (7) 9 & 10 Vict. c. 74, s. 1. 
 Vict. c. 61 ; 41 & 42 Vict. c. 14 ; (8) 10 & n Vict. c. 61, s. 2. 
 and 45 & 46 Vict. c. 30. (9) 9 & 10 Vict. c. 74, s. 19. 
 
 (5) Short Titles Act, 1892 (55 (10) lb. ss. 1, 5 ; Local Govern- 
 Vict. c. 10). ment Board Act, 1871 (34 & 35 Vict. 
 
 (6) 9 & 10 Vict. c. 74, s. I ; Public c. 70), s. 2. 
 
 Health Act, 1S75 (38 & 39 Vict. (11) As to the election, constitu- 
 c. 55), s. 10; 41 Vict. c. 14, s. 2 ; tion, &c, of the commissioners, see 
 as to the adoption and execution of 9 & 10 Vict. c. 74, ss. 6-1 1, 20. 
 the Acts in such districts before the (12) 9 & 10 Vict. c. 74, ss. 25, 
 passing of the Public Health Act, 27 ; 41 Vict. c. 14, ss. 3-^. 
 
 F 2
 
 68 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, powers for the appropriation, purchase or hiring of land, 1 and 
 «■•• 73. - c - 7) n ' may erect the necessary structures and provide the necessary 
 fittings and furniture ; 2 or they may purchase or hire existing 
 baths, &c, and, if they think fit, add to or alter them. 3 They 
 have the general management and control of the baths, &c., 4 
 and may make charges for the use of the same ; but the Acts 
 in most cases impose a limit on the amount of such charges. 5 
 Their expenses, so far as they are not met out of the income 
 derived from the baths, &c, are to be paid, to such amount as 
 may be fixed by the vestry, out of the poor rate by the over- 
 seers, who under order of the vestry are to pay such amount to 
 a person appointed by the commissioners to receive the same. 6 
 The commissioners have borrowing powers, 7 and the Public 
 Works Loan Commissioners are authorised to advance them 
 money. 8 The commissioners may hire an office and may 
 appoint and pay officers and servants, the approval of the 
 vestry being, however, necessary to authorise the remuneration 
 of such officers and servants in most cases ; 9 and provision is 
 made as to the accountability of the commissioners' officers,, 
 and as to security to be taken for the faithful execution of 
 their duties in certain cases. 10 They have power with the 
 approval of the Local Government Board to make bye-laws, 11 
 and are to keep minutes of their proceedings, and proper 
 accounts which are to be audited by auditors appointed by 
 the vestry. 12 
 
 The Acts further impose penalties on commissioners and 
 their officers for being interested in contracts with the commis- 
 sioners, &c. ; 13 empower water companies, gas companies, and 
 other bodies to supply the commissioners with water or gas 
 gratuitously or on favourable terms ; 14 empower trustees of 
 puplic baths, &c, to transfer the same to the commissioners 
 under certain circumstances ; 15 give an appeal to quarter 
 sessions against any bye-law, order, direction, or appointment 
 of or by the commissioners ; 16 and contain provisions as to the 
 
 (1) 9 & 10 Vict. c. 74, s. 24; 10 of a parish council to borrow for 
 cSc 11 Vict. c. 61, s. 4 ; 45 & 46 the purposes of the Acts, see sect. 12, 
 Vict. c. 30, s. 3. As to the acqui- and the note to that section, post. 
 sition of land by a parish council for (8) 9 & 10 Vict. c. 74, s. 22; 
 the purposes of the Acts, see ante, Public Works Loans Act, 1875 
 p. 63. (38 & 39 Vict. c. 89), s. 9 and 
 
 (2) 9 & 10 Vict. c. 74, s. 25. 1st Schedule. 
 
 (3) lb. s. 27 ; 45 & 46 Vict. c. 30, (9) 9 & 10 Vict. c. 74, s. 12 
 s. 2. 41 Vict. c. 14, s. 7. 
 
 (4) 9 & 10 Vict. c. 74, s. 33. (10) 9 & 10 Vict. c. 74, s. 23. 
 
 (5) 10 & 11 Vict. c. 61, s. 7 ; 41 (11) lb. ss. 23, 34, 35 ; Local 
 Vict. c. 14, ss. 4, 8, 14. Government Board Act, 1871 (34 
 
 (6) 9& 10 Vict. c. 74, ss. 16-18; & 35 Vict. c. 70), s. 2; 41 Vict. 
 41 Vict. c. 14, s. 13. c. 14, s. 6. 
 
 (7) 9 & 10 Vict. c. 74, ss. 21, (12) 9& 10 Vict. c. 74, ss. 13-15. 
 23 ; Public Health Act, 1872 (35 (13) lb. s. 39. 
 & 36 Vict. c. 79), s. 34, re-enacted (14) lb. s. 28. 
 by the Public Health Act, 1875 (15) lb. s. 27. 
 (38 &■ 39 Vict. c. 55), s. 343 ; 41 (16) lb. s. 30. 
 Vict. c. 14, s. 9. As to the powers 
 
 :
 
 I.] Powers and Duties of Parish Councils and Meetings. 69 
 
 disposal of surplus funds in the commissioners' hands, 1 as to 56 & 57 Vict 
 contracts entered into by the commissioners, 2 as to the pro- c - 73. s - 7. n - 
 tection of the commissioners from personal liability, 3 as to the 
 sale and exchange of lands, 4 as to the sale of baths, &c, that 
 prove unnecessary or too expensive, 5 as to the recovery of 
 charges made for the use of the baths, &c., 6 as to the preserva- 
 tion of decency and order in the baths, &c., 7 as to the recovery 
 of penalties and damages not specially provided for, 8 as to the 
 proportion between the number of baths, washing-tubs, or 
 troughs for the labouring classes and those of any higher 
 class 9 , and as to the validity of acts done notwithstanding 
 informalities. 10 
 
 The Burial Acts, 1852 to 1885.— This collective title 11 
 includes twelve Acts. The first nine of these, 12 passed re- 
 spectively in 1852, 1853, 1854, 1855, 1857, 1859, i860, 1862, 
 and 187 1, may each be cited as "the Burial Act," with the 
 addition of the year in which it was passed. The remaining 
 three Acts are : the Burial Laws Amendment Act, 1880, 13 the 
 Burial and Registration Acts (Doubts Removal) Act, 1881, 14 
 and the Burial Boards (Contested Elections) Act, 1885. 15 
 
 The Burial Act, 185 2, 16 applied originally only to the 
 Metropolis, but most of its provisions were made applicable 
 elsewhere by the Burial Act, 1853. n The enactments still 
 relating solely to the Metropolis are not referred to in the 
 following account of the Acts. 
 
 The Acts of 1880 and 1881 were passed to authorise burials 
 in consecrated ground without the rites of the established 
 church and burials with such rites in unconsecrated ground. 
 Their provisions call for no more than incidental mention 
 here. 
 
 The main objects of the remaining Acts are to enable burials 
 in undesirable places to be prohibited and new burial grounds 
 to be provided. 
 
 With the first of these objects the Acts enable an Order in 
 Council to be made, upon the representation of a Secretary of 
 State, 18 prohibiting the opening of any new burial ground in 
 any city or town, or within any other limits, without the approval 
 ■of a Secretary of State ; or ordering the discontinuance of 
 burials within given limits, or in given burial grounds, either 
 
 (1) 9& 10 Vict. c. 74, s. 18. (12) 15 & 16 Vict. c. S5 ; 16 & 
 
 \2) lb. s. 26. 17 Vict. c. 134; 17 & 18 Vict. 
 
 (3) lb. s. 29. c. 87 ; 18 & 19 Vict. c. 128 ; 20 & 
 
 <4) lb. s. 31. 21 Vict. c. 81 ; 22 Vict. c. 1 ; 23 
 
 (5) lb. s. 32. & 24 Vict. c. 64 ; 25 & 26 Vict. 
 
 (6) lb. s. 38. c. 100 ; and 34 & 35 Vict. c. 33. 
 
 (7) 41 Vict. c. 14, ss. 10, 11. (13) 43 & 44 Vict. c. 41. 
 
 (8) 9 & 10 Vict. c. 74, ss. 23, 40. (14) 44 &; 45 Vict. c. 2. 
 
 (9) lb. s. 36; 10 & 11 Vict. (15) 48 & 49 Vict. c. 21. 
 c. 61, s. 5. (16) 15 & 16 Vict. c. 85. 
 
 \\o) 10 & 11 Vict. c. 61, s. 3. (17) 16 & 17 Vict. c. 134, s. 7. 
 
 (11) Short Titles Act, 1892 (55 (18) The working of the Acts is 
 Vict. c. 10). superintended by the Home Office.
 
 70 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, absolutely or subject to any exception or qualification. 1 
 c 73. s. 7, n. Certain places of burial are, however, partially or wholly ex- 
 empted from the operation of such an Order. 2 They also 
 enable an Order in Council to be made for the purpose of 
 preventing vaults and places of burial from becoming dangerous 
 to health. 3 
 
 The enactments relating to the provision of a burial ground 
 for places within urban sanitary districts are dealt with in the 
 note to sect. 62. In other places, the first steps towards the 
 provision of a burial ground for any area have hitherto been 
 the passing of a resolution by the vestry, or meeting in the 
 nature of a vestry, that a burial ground be provided, and the 
 appointment of a " burial board " for the area to give effect to 
 the resolution. The passing of such a resolution, it is to be 
 observed, is under the present section of the Local Govern- 
 ment Act, 1894, to be regarded as the adoption of the Burial 
 Acts. 
 
 The provisions of the Acts as to the areas for which burial 
 boards may be established are complex and not free from 
 obscurity. 
 
 In the first place, under the Burial Act, 1852, a burial board 
 may be established for any "parish," that expression being 
 defined as meaning, unless there should be " something in the 
 subject or context repugnant to such construction," "every 
 place having separate overseers of the poor, and separately 
 maintaining its own poor." i It was held under this Act that 
 the definition did not prevent the establishment of a burial 
 board for an ancient ecclesiastical parish that had not separate 
 overseers and did not separately maintain its poor. 5 In that 
 case, however, it was not pointed out to the Court that a burial 
 board appointed for any area other than a poor law parish, 
 would not, under the Burial Act, 1852, have had any means of 
 obtaining funds, and the decision has on that ground been 
 doubted. 6 
 
 The Burial Act, 1855, provides that "where a parish or 
 place has been united with any other parish or place, parishes 
 or places, for all or any ecclesiastical purposes, or where two 
 or more parishes or places have heretofore had a church or a 
 burial ground for their joint use, or where the inhabitants of 
 several parishes or places have been accustomed to meet in 
 one vestry for purposes common to such several parishes or 
 places" a burial board may be established for the several 
 
 (1) 16 & 17 Vict. c. 134, ss. 1, S. C. turn. Reg. v. St. Peter, &c., 
 3, 6 ; 18 & 19 Vict. c. 128, ss. 1, 2. [burial board) 27 L. J. Q. B. 232 % 
 
 (2) 16 & 17 Vict. c. 134, ss. 2, 4 Jur. (N.s ) 948. 
 
 a, 5. (6) Reg. v. Walcot [overseers) 
 
 (3) 20 & 21 Vict. c. Si, s. 23; (1862), 2 B. & S. 555 ; 31 L. J. 
 and see 22 Vict. c. I, s. 1. M. C. 217 ; 6 L. T. 320 ; 10/W. R. 
 
 (4) IS & 16 Vict. c. 85, ss. 10, 599; see also Reg. v. Wright 
 52. (1861), 8 Jur. (x.s.) 260; 5 L. T. 
 
 (5) Reg. v. Sudbury [burial 345 ; 10 W. R. 86. 
 board) (1858), E. B. & E. 264;
 
 I.J Powers and Duties of Parish Councils and Meetings. 7 1 
 
 parishes or places. 1 The same Act also enables a burial 56 & 57 Vict. 
 board to be established for any parish, township, or other c - 73> s. 7» n - 
 district not separately maintaining its own poor, which had 
 before the passing of that Act a separate burial ground. 2 It 
 was held that the last-mentioned enactment, where a burial 
 board had been established for an ecclesiastical parish forming 
 part of a poor law parish, impliedly authorised the establish- 
 ment of a burial board for the residue of the poor law parish. 3 
 It was held also that the enactment did not authorise the 
 establishment of a burial board for an area forming part of a 
 larger area for which a burial board had already been 
 established ; and the Court distinguished the second Walcol 
 case referred to below, 4 on the ground that the enactment 
 under consideration contains no provisions similar to those in 
 sect. 5 of the Burial Act, 1857, providing for the cesser of the 
 powers of an existing burial board. 5 
 
 The Burial Act, 1857, enables a burial board to be 
 established for "any parish, new parish, township, or other 
 district not separately maintaining its own poor, and which has 
 had no separate burial ground ; " and provides that, upon the 
 establishment of a burial board for such an area, " the powers 
 of any other vestry or meeting and burial board, if any, shall 
 then cease and determine, so far as relates to such parish, new 
 parish, township, or district." 6 Under this enactment it was 
 held that a burial board might be established for a new parish 
 forming a portion of a poor law parish though a burial board 
 had been already established for the whole poor law parish. 7 
 Probably the word district in this enactment is used as meaning 
 only some area of similar nature to a parish or township, and 
 not as including any area whatsoever. A former Home 
 Secretary is known, it may be mentioned, to have acted on 
 this view of the meaning of the term. The same Act renders 
 the approval of the Secretary of State necessary to the establish- 
 ment of a burial board for united parishes or places under the 
 Act of 1855, where any of the several parishes or places sepa- 
 rately maintains it own poor or has a separate burial ground, and 
 enables the Secretary of State to direct that any such parish or 
 place shall be excepted ; in which case a burial board may be 
 established for the remaining parishes and places. 8 
 
 The Burial Act, i86o, 9 renders the approval of the 
 Secretary of State necessary to the establishment of a burial 
 
 (1) 18 & 19 Vict. c. 128, s. 11. Q. B. 595 ; 49 L, T. 170; 31 W. R. 
 
 (2) lb. s. 12. 922;^. C. nom. Reg. -v. Tunbridge, 
 
 (3) Viner v. Tonbridge [church- 47 J. P. 677. 
 
 wardens, &°c.) (1859), 2 E. & E. (6) 20 & 21 Vict. c. 81, s. 5. 
 
 9; 28 L. J. M. C. 25 ; S. C. nam. (7) Reg. v. Walcot, St.\ Swithin 
 
 Viner v. Tunbridge, 5 Jur. (N.s.) {overseers) (1862), 2 B. & S. 571 ; 
 
 1293. 31 L. J. M. C. 221 ; 6 L. T. 325 ; 
 
 (4) Reg. v. Walcot, St. Swithin, 10 W. R. 602. 
 
 infra. (8) 20 & 21 Vict. c. 81, s. 9. 
 
 (5) Reg. v. Jonbridge (overseers) (9) 23 & 24 Vict. c. 64, s. 4. 
 (1883), 11 Q. B. D. 134; 52 L. J.
 
 72 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, board for any parish or place where such parish or place has 
 c 73. s. 7, n, been divided into parts for all or any ecclesiastical purposes, 
 and any one of such parts has a separate burial ground. 
 
 Lastly, the Burial Act, 187 1, 1 regulates the manner in which 
 the consent of the Secretary of State to the establishment of a 
 burial board is to be obtained. 2 
 
 As to the cases in which a vestry meeting, or meeting in the 
 nature of a vestry, is required to be held for the purpose of 
 determining whether a burial ground is to be provided and as 
 to the cases in which the consent of a Secretary of State is 
 necessary, the following extract from directions issued by the 
 Home Office may be usefully quoted 3 : — 
 
 1. " A meeting of the vestry or in the nature of a vestry, of 
 a parish (poor law or ecclesiastical), or of a district for which 
 such meetings have been accustomed to be held, is required by 
 law to be convened by the churchwardens, or other persons to 
 whom it belongs to convene such meetings, to consider 
 whether a burial ground shall be provided under the Burials 
 Act for such parish or district, on the following occasions : 
 [Burial Act, 1852, s. 10.] 
 
 (a.) " Upon the requisition in writing of ten or more rate- 
 payers of any parish in which the place or places of 
 burial shall appear to such ratepayers insufficient or 
 dangerous to health. [lb.] 
 
 (b.) " Where notice is given of the intention of the 
 Secretary of State to represent to Her Majesty in 
 Council that burials should be discontinued wholly 
 or in part in any burial ground in the parish. 
 [Burial Act, 1852, s. 3.] 
 
 " Also the same authorised persons may also convene a 
 vestry at any time at their discretion to determine the same 
 question." 4 [lb.] 
 
 2. " Public notice must be given of such vestry meeting, and 
 the place and hour of holding the same, and the special 
 purposes thereof in the usual manner, in which notices of the 
 meeting of the vestry are given, at least seven days before 
 holding the vestry." [Burial Act, 1852, s. 10.] 
 
 3. " If the vestry propose to adopt the Burials Acts they 
 should pass a resolution in the following terms : — 
 
 " ' That a burial ground under the Burials Acts shall be 
 provided for the parish of .' " [//>.] 
 
 (1) 34 & 35 Vict. c. 33, s. 1. Vict. c. 128, s. II, or for a parish, 
 
 (2) As to this, see the extracts new parish, township, or other 
 from the directions issued by the district under the 18 & 19 Vict. 
 Home Office, infra. c. 128, s. 12, and the 20 & 21 Vict. 
 
 (3) The references in square c. 81, s. 5. The Acts are silent as 
 brackets are taken from the mar- to the circumstances under which 
 ginal notes to these directions. vestry meetings, or meetings in the 
 
 (4) This paragraph, it will be nature of vestry meetings, are to be 
 observed, does not refer to the convened for determining whether 
 provision of a burial ground for a burial ground shall be provided 
 united parishes under the iS & 19 under these enactments.
 
 I.] Powers and Duties of Parish Councils and Meetings. 73 
 
 4 "A copy of such resolution, extracted from the minutes of 56 & 57 Vict, 
 the vestry and signed by the chairman, must be sent to the c - 73> s - 7, »■ 
 Secretary of State." [/<£.] 
 
 5. " If such resolution be passed and a copy sent as above 
 described, the vestry may proceed to appoint a burial board, 
 without further reference to the Secretary of State, except in 
 the following cases : — 
 
 (1.) "'Where a parish or place has been united with any 
 
 other parish or place, parishes or places for all or 
 
 any ecclesiastical purposes, 
 " i or 
 
 (2.) " ' Where two or more parishes or places have hereto- 
 fore had a church or a burial ground for their 
 joint use, 
 
 '"or 
 (3.) " ' Where the inhabitants of several parishes or places 
 have been accustomed to meet in one vestry for pur- 
 poses common to such several parishes or places, 
 then, — notwithstanding that by 18 & 19 Vict. c. 128, s. n, 
 power is given to the vestry or meeting in the nature of a 
 vestry of such several parishes or places (and whether any one 
 or more of them do or do not separately maintain its own 
 poor) to appoint a Burial Board and exercise the powers 
 therein referred to as are vested in the vestry of a parish or 
 place separately maintaining its own poor, — nevertheless, if 
 any of the several parishes or places — 
 
 (a.) " ' separately maintains its own poor, or 
 (b.) " ' has a separate burial ground,' 
 it shall not be lawful for the vestry or meeting in the nature of 
 a vestry of such several parishes or places to appoint a burial 
 board under 18 & 19 Vict. c. 128, s. n without the approval 
 of one of Her Majesty's Principal Secretaries of State. ' 
 [Burial Act, 1852, s. n ; Burial Act, 1857, s. 9.] 
 (4.) "Also— 
 
 " ' Where any parish or place has been divided into 
 two or more parts or districts for all or any eccle- 
 siastical purposes, and any one of such parts has a 
 separate burial ground, it shall not be lawful for the 
 vestry or meeting in the nature of a vestry for such 
 entire parish or place to appoint a burial board 
 without the approval of one of Her Majesty's Principal 
 Secretaries of State.' " [Burial Act, i860, s. 4.] 
 
 6. " In any case where the approval of the Secretary of State 
 is necessary it shall be applied for as follows. After the vestry 
 have passed the resolution already described of their intention 
 to provide such burial ground, and before they take any further 
 proceedings, they must pass a resolution in the following 
 terms : — 
 
 " ' That it is expedient that a burial board shall be appointed 
 
 under the Burials Acts for the parish (or district) of 
 
 , which includes the parishes or portions of the
 
 74 T/ie Local Government Act, 1894. [Part 
 
 56 & 57 Vict. parishes of , and of , each of which has a_ 
 
 c - 73> s - 7> n- separate burial ground [or] is separately rated to the 
 
 poor.' 
 And submit such resolution to the Secretary of State for 
 his approval." [Burial Act, 1857, s. 9; Burial Act, 1871, 
 
 s- 1 '] ... 
 
 7. "When making application for such approval it should 
 
 be stated in what manner the ratepayers in each and all of the 
 districts to be affected have been informed of what is proposed, 
 and whether or not there is any opposition, and, if there be, by 
 whom and for what alleged reasons." 
 
 8. " If the Secretary of State decides to approve of such 
 resolution of the vestry, he will signify his approval by letter 
 from the Home Office ; and on receiving such approval, the 
 vestry will be at liberty to elect the members of the burial 
 board as in the first instance." 
 
 9. " If, however, it appear to the Secretary of State that any 
 of such parishes or places has a sufficient burial ground, or that 
 otherwise it would not be expedient that the powers should be 
 exercised in relation to such parish or place, the Secretary of 
 State may direct that such parish or place shall be excepted ; 
 and the inhabitants of the remaining parish or parishes, place 
 or places, may assemble in vestry from time to time, and in 
 such vestry or meeting may proceed in like manner in all 
 respects as if the inhabitants of such last-mentioned parish or 
 parishes, place or places, exclusively had a vestry for their 
 common purposes, and were wholly unconnected with the 
 parish or place so excepted." [Burial Act, 1857, s. 9.] 
 
 When the necessary resolutions have been passed, and the 
 consent of the Secretary of State if required had been obtained, 
 a burial board is to be elected by the vestry. 1 The vestries of 
 any parishes which have respectively resolved to provide burial 
 grounds may concur in providing one burial ground for the 
 common use of the parishes upon terms to be agreed upon, 
 and in that case the burial boards appointed for the respective 
 parishes are to act as a joint burial board for the parishes. 2 
 The proceedings of a burial board as will be seen are to a large 
 extent subject to the control of the vestry, and it is provided 
 that, where a joint burial board is constituted for more than 
 two parishes, all acts authorised to be done with the approval 
 of the vestry may be done with the approval of the vestries of 
 the majority of such parishes. 3 
 
 The provisions of the present Act, as regards cases where 
 the Burial Acts have been, or may hereafter, be adopted for 
 the whole of a single rural parish, appear to have the following 
 effect : — 
 
 If the parish has a parish council, that council will act as 
 
 (1) As to the election, proceed- c. 128, s. 4 ; 4S & 49 Vict. c. 21. j 
 ings and constitution of a burial (2) 15 & 16 Vict. c. 85, s. 23. 
 
 board, see 15 & 16 Vict. c. 85, (3) 20 & 21 Vict. c. 81, s. 1. 
 
 ss. 11, 13, 14, 24; 18 & 19 Vict.
 
 I.] Powers and Duties of Parish Councils and Meetings. 75 
 
 the authority in the execution of the Acts ; the parish meeting 56 & 57 Vict. 
 
 will have such of the functions of the vestry under the Acts as c - 73» s - 7. n - 
 
 are mentioned in sub-sect. (3) of the present section ; and the 
 
 parish council, under sect. 6 (1, a), or, subject to the provisions 
 
 of the grouping order, the parish meeting, under sect. 19, 
 
 if the parish is grouped, will have the remaining functions 
 
 of the vestry, except such as concern affairs of the church. 
 
 If the parish has not a parish council, the parish meeting 
 will, under sect. 19, have all the powers civil of the vestry, 
 including the power of electing a burial-board. 
 
 There appears to be no general provision in the present Act 
 to transfer to a parish meeting or parish council the functions, 
 under the Burial Acts, of the vestry of an area for which the 
 Acts have been or may be adopted and which is not co- 
 extensive with a rural parish. And it seems doubtful whether 
 after the appointed day the Burial Acts could be adopted for 
 an area extending into two or more rural parishes. 
 
 The following is a brief summary of such of the provisions 
 of the Burial Acts as have not^been already referred to, so far 
 as they relate to rural parishes : — 
 
 A burial-board are either to provide a burial-ground, or with 
 the approval of a Secretary of State two or more burial-grounds, 
 for the area for which they act ; 1 or they may contract with 
 any company or persons entitled to any cemetery or cemeteries 
 for the interment therein of the bodies of persons who would 
 have had rights of interment in the burial-grounds of the area 
 for which the board act. 2 
 
 No ground not already, at the passing of the Burial Act, 1855, 
 used as or appropriated for a cemetery is to be used for burials 
 under the Burial Acts within the distance of one hundred 
 yards from any dwelling-house without the consent in writing 
 of the owner, lessee, and occupier of the same. 3 
 
 Where the board provide a burial-ground it is to be divided 
 into consecrated and unconsecrated parts in such proportions 
 as may be sanctioned by a Secretary of State ; and the un- 
 consecrated part is to be allotted in such manner and in such 
 portions as he may sanction ; 4 or, where the board provide 
 more than one burial-ground, they may with the approval of 
 the Secretary of State provide separate and distinct grounds to 
 be used respectively as consecrated and unconsecrated grounds. 5 
 Provision is however made enabling a new burial-ground 
 provided for a parish under the Burial Acts to be conveyed 
 and settled, in pursuance of a unanimous resolution of the 
 vestry, so as to be held in like manner as the old burial-ground 
 or churchyard of the parish ; in which case it is not necessary 
 
 (1) 15 & 16 Vict. c. 85, s. 25; 16 & 17 Vict. c. 134, s. 7 ; 20 & 
 20 & 21 Vict. c. 81, s. 3. 21 Vict. c. 81, s. 12 ; and see, as 
 
 (2) 15 & 16 Vict. c. 85, s. 26. to the division between the conse- 
 
 (3) 18 & 19 Vict. c. 128, s. 9 ; crated and unconsecrated portions, 
 and see 17 & 18 Vict. c. 87, s. 12. 20 & 21 Vict. c. 8i, s. n. 
 
 (4) 15 & 16 Vict. c. 85, s. 30; (s) 20 & 21 Vict. c. 81, s. 3.
 
 7 6 The Local Government Act, 1894. [Part 
 
 5-6 & 57 Vict, to set apart an unconsecrated portion of the ground ; but at 
 *• 73> s - 7) n. any time within ten years thereafter an unconsecrated ground 
 may be provided for the parish. 1 The consecrated part of the 
 burial-ground is to be deemed the burial-ground of the area for 
 which it is provided and the parishioners and inhabitants of 
 the area are to have rights of sepulture therein accordingly. 2 
 
 The general management and control of the ground is 
 vested in the burial-board, but questions as to the fitness of 
 any monumental inscription in the consecrated part of the 
 ground are reserved to the bishop. 3 The board are em- 
 powered to sell exclusive rights of burial, rights to construct 
 vaults, and rights to place monuments, gravestones, &c, in the 
 burial-ground. 4 They may, subject to the approval of the 
 Secretary of State, determine, and, with the like approval and 
 the consent of the vestry, from time to time revise, the fees 
 payable to the board in respect of the rights above referred to 
 and in respect of ordinary interments in the burial-ground. 5 
 They may provide a chapel for the performance of the burial 
 service according to the rites of the established church, and, if 
 they provide such a chapel, they are required, unless the 
 Secretary of State, upon a representation of a majority of not 
 less than three-fourths of the vestry, declare it unnecessary, to 
 provide also such chapel accommodation for the performance 
 of burial service by persons not being members of the 
 established church as may be approved by the Secretary of 
 State. 6 Provisions are however made enabling separate 
 burial-boards that have provided separate burial-grounds which 
 adjoin each other to contract with each other for the provision 
 of chapel accommodation in common. 7 
 
 The board are empowered, with the consent of the vestry, 
 which consent may however be dispensed with by warrant of 
 the Secretary of State in certain cases, for the purpose of 
 providing a burial-ground, to purchase land in order to form a 
 burial-ground, or to purchase an existing cemetery. 8 They 
 are also empowered with the consent of the vestry, and of 
 certain other bodies, to appropriate parish land for the pur- 
 pose. 9 Provision is also made enabling, in certain cases, a 
 burial-ground provided under the Church Building Acts to be 
 transferred to the burial-board, and enabling the board, with 
 the approval of the vestry, to enlarge such ground by the 
 addition of unconsecrated ground. 10 The board have also 
 power, with the approval of the vestry, to purchase a closed 
 
 (1) 18 & 19 Vict. c. 128, s. 10. (7) 18 & 19 Vict. c. 128, s. 16. 
 
 (2) 15 & 16 Vict. c. 85, s. 32. (8) 15 & 16 Vict. c. 85, ss. 26, 
 
 (3) lb. s. 38. 27 ; 18 & 19 Vict. c. 128, s. 6. 
 
 (4) lb. s. 33. \Vith regard to the acquisition of 
 
 (5) lb. s. 34; 18 & 19 Vict. c. 128, land by a parish council for the 
 s. 7 5 20 & 21 Vict. c. 81, s. 17. purposes of any of the adoptive 
 
 (6) 15 & 16 Vict. c. 85, s. 30; Acts, see ante, p. 63. 
 
 16 & 17 Vict. c. 134, s. 7 ; iS & 19 (9) 15 & 16 Vict. c. 85, s. 29. 
 
 Vict. c. 128, s. 14. (10) 20 & 21 Vict. c. 81, s. 7.
 
 I.] Powers and Duties of Parish Councils and Meetings. 77 
 
 cemetery in certain cases for the purpose of appropriating or 56 & 57 Vic*, 
 erecting buildings or for making approaches to the burial- c - 73. s - 7> "• 
 ground. 1 The board have also power with the consent of the 
 vestry to sell superfluous lands purchased by them in which no 
 burial has taken place, 2 and, with the sanction of the Secretary 
 of State, to let land vested in them which has not been con- 
 secrated and in which no interment has taken place. 3 
 
 The board may make arrangements for facilitating the 
 conveyance of the bodies of the dead to burial-grounds, 4 and, 
 with the approval of the vestry, which approval may however 
 be dispensed with in certain cases, may provide mortuaries. 5 
 
 The expenses of the board, so far as they are not met out of 
 income, are to be defrayed out of the poor rate, and the board 
 are empowered accordingly to obtain contributions from the 
 overseers. Where it is necessary to levy a contribution on 
 part only of a parish, the overseers for the parish are to make 
 an addition to the poor rate, or to levy a separate rate in the 
 nature of a poor rate in that part. 6 The expenses the board 
 incur in providing and laying out a burial-ground and in 
 building chapels are not to exceed such sum as may be 
 authorised by the vestry ; but, if the vestry refuse or neglect to 
 authorise the expenditure of the necessary sums for the pur- 
 pose, the Secretary of State may by warrant authorise the 
 board to expend the necessary amount without authority from 
 the vestry. The other expenditure of the board is not subject 
 to the control of the vestry. 7 The board have borrowing 
 powers, 8 and the Public Works Loan Commissioners are 
 authorised to advance them money ; 9 and provision is made 
 as to the disposal of surplus funds in their hands. 10 
 
 The board are to appoint a clerk and may appoint other 
 officers and servants ; but the remuneration of their clerk, 
 officers, and servants is subject to the approval of the vestry ; 
 and the board may hire an office. 11 They are to keep 
 minutes and proper accounts which are to be audited by unpaid 
 auditors appointed by the vestry. 12 They are expressly em- 
 powered to enter into contracts, and provisions are made as to 
 the matters to be specified in such contracts and as to certain 
 preliminaries that are to be gone through before the board 
 enter into a contract above the value or sum of ^"ioo. 13 
 
 (1) 20 & 21 Vict. c. 81, s. 26. 19 Vict. c. 128, s. 6 ; 20 & 21 Vict. 
 
 (2) 15 & 16 Vict c. 85, s. 28. c. 81, ss. 18-21. As to the powers 
 
 (3) 18 & 19 Vict. c. 128, s. 17. of a parish council to borrow for the 
 
 (4) 15 & 16 Vict. c. 85, s. 41. purposes of the adoptive Acts, see 
 
 (5) 15 & 16 Vict. c. 85, s. 42 ; sect. 12, and the note to that 
 18 & 19 Vict. c. 128, s. 6. section, post. 
 
 (6) 15 & 16 Vict. c. 85, ss. 19, (9) 15 & 16 Vict. c. 85, s. 21 ; 
 22 ; 18 & 19 Vict. c. 128, ss. II, Public Works Loans Act, 1875 (38 
 13. & 39 Vict. c. 89), s. 9. 
 
 (7) 15 & 16 Vict. c. 85, s. 19 ; (10) 15 & 16 Vict. c. 85, s. 22. 
 18 & 19 Vict. c. 128, s. 6. (11) lb. s. 15. 
 
 (8) 15 & 16 Vict. c. 85, s. 20; (12) lb. ss. 1C-1S. 
 17 & lb Vict. c. 87, ss. 4, 5 ; 18 & (13) lb. s. 31.
 
 7 8 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. The Secretary of State is empowered to make regulations 
 <-■• 73, s - 7, n - as to burial-grounds and mortuaries provided under the Acts 
 and to appoint and authorise a person to inspect any burial- 
 ground or mortuary. 1 
 
 The Acts further contain provisions as to the duties of 
 incumbents, parish-clerks, and sextons in relation to inter- 
 ments in burial-grounds provided by burial-boards; 2 as to 
 the fees payable to incumbents, churchwardens, trustees, 
 parish-clerks, and sextons in respect of such interments ; 3 as 
 to the protection of such burial-grounds ; 4 as to the assess- 
 ment of such burial-grounds to local rates ; 5 as to the regis- 
 tration of burials in such grounds ; 6 as to the care of closed 
 burial-grounds; 7 as to the dissolution of joint burial-boards; 8 
 as to the validity of acts of a vestry notwithstanding ir- 
 regularities ; 9 as to the consecration of burial-grounds for 
 paupers ; 10 as to the regulation of cemeteries provided under 
 local Acts ; u as to the exemption of funerals from tolls ; 12 as 
 to the disinterment of dead bodies ; 13 as to the transfer of a 
 chapel attached to a parish burial-ground which is not within 
 such parish to the parish in which it is situated upon the 
 closing of the burial-ground ; u as to the sale or letting of 
 superfluous land by trustees of cemeteries ; 15 and as to the 
 provision of mortuaries by overseers where there is no burial- 
 board. 16 
 
 The Public Improvements Act, i860. — This Act 17 may be 
 adopted for any borough or for any parish with a population 
 of five hundred or upwards according to the last Parliamentary 
 enumeration for the time being. 18 The method of adopting 
 the Act and of carrying it into execution is almost exactly the 
 same as in the case of the Baths and Washhouses Acts, except 
 that the borrowing of money is not authorised. 19 Where it is 
 adopted lands may be purchased or leased, or a gift of lands 
 may be accepted, for the purpose of forming a public walk, or 
 exercise or play-ground, and such walks and grounds may be 
 maintained and improved. 20 To meet the expenses of 
 carrying the Act into execution it is provided that it shall be 
 lawful " for the ratepayers in meeting assembled to rate such 
 
 1) 15 & 16 Vict. c. 85, s. 44; 
 18 & 19 Vict. c. 128, s. 8. 
 
 (2) 15 & 16 Vict. c. 85, ss. 32, 
 39 ; 20 & 21 Vict. c. 81, ss. 5, 13. 
 
 (3) 15 & 16 Vict. c. 85, ss. 32, 
 33, 35-37, 5o ; 20 & 21 Vict. c. 81, 
 s. 5. 
 
 (4) 15 & 16 Vict. c. 85, s. 40. 
 
 (5) 18 & 19 Vict. c. 128, s. 15. 
 
 (6) 16 & 17 Vict. c. 134, s. 8 ; 
 20 & 21 Vict. c. 81, ss. 15, 16 ; 
 and see 43 & 44 Vict. c. 41, ss. 10, 
 1 1 ; 44 Vict. c. 2. 
 
 (7) 18 & 19 Vict. c. 128, s. 18 ; 
 20 & 21 Vict. c. 81, s. 8. As to 
 these provisions, see sect. 6 ( 1 £), ante. 
 
 (8) 
 
 20 & 
 
 21 Vict. 
 
 c. 
 
 Si, 
 
 s. 
 
 2. 
 
 (9) 
 
 lb. s. 
 
 27. 
 
 
 
 
 
 (10) 
 
 lb. s. 
 
 6. 
 
 
 
 
 
 (11) 
 
 lb. s. 
 
 10. 
 
 
 
 
 
 (12) 
 
 Ib.%. 
 
 14. 
 
 
 
 
 
 (13) 
 
 n.s. 
 
 25. 
 
 
 
 
 
 (14) 
 
 15 & 
 
 16 Vict. 
 
 c. 
 
 85, 
 
 s. 
 
 5i- 
 
 (IS) 
 
 20 & 
 
 21 Vict. 
 
 c. 
 
 81, 
 
 1 s. 
 
 24. 
 
 (16) 
 
 15 & 
 
 16 Vict. 
 
 c. 
 
 85. 
 
 s. 
 
 42. 
 
 (17) 
 
 23 & 
 
 24 Vict. 
 
 c. 
 
 3°- 
 
 
 
 (18) 
 
 lb. s. 
 
 2. 
 
 
 
 
 
 (19) 
 
 lb. ss. 2, 3 ; ; 
 
 as 
 
 to 
 
 the Baths 
 
 and 
 
 Washhouses 
 
 Acts, 
 
 see 
 
 ante. 
 
 pp. 67-69. 
 
 
 
 
 
 
 (20) 
 
 lb. s. 
 
 I. 
 
 
 
 
 I.] Powers and Duties of Parish Councils and Meetings. 79 
 
 parish to a separate rate," not exceeding sixpence in the pound, 56 & 57 Vict. 
 " to be called the ' parish improvement rate ' ; provided c - 73> s - 7> n - 
 
 that such rate be agreed to by a majority of a least two-thirds 
 [in value J ] of the ratepayers assembled at such meeting," 2 and 
 that the provisions of the Baths and Washhouses Act, 1846, 
 shall take effect as "the mode of providing the expenses of 
 carrying the Act into execution " ; 3 but that " previous to any 
 such rate being imposed a sum in amount not less than at least 
 one half of the estimated cost of such proposed improvement 
 shall have been raised, given, or collected by private subscrip- 
 tion or donation." 4 At the meeting to be held for the purpose 
 of authorising the rate, corporate bodies are entitled to attend 
 and vote by some person deputed for the purpose under their 
 seal. 5 
 
 The Public Libraries Act, 1892. — This Act G repealed the 
 earlier Acts relating to public libraries and consolidated their 
 provisions with some amendments, and has itself been amended 
 by the Public Libraries (Amendment) Act, 1893. 7 The Act 
 contains certain sections applicable exclusively to the Metro- 
 polis, 8 and it must be understood that the following account 
 of its provisions is not applicable within that area without con- 
 siderable modification. 
 
 The Act may be adopted for any " library district " ; that is 
 to say, for any urban sanitary district, or for any parish not in 
 an urban sanitary district ; 9 and is to be deemed to have been 
 adopted for any library district in which the Acts it repealed 10 
 were in force immediately before its commencement, that is 
 on the 1st October, 1892. 11 Two or more neighbouring urban 
 sanitary districts or two or more neighbouring parishes for 
 which the Act has been adopted are enabled to combine for 
 carrying its provisions into execution ; 12 and provisions are 
 made enabling a parish to be annexed to an adjoining or 
 neighbouring library district for the purposes of the Act. 13 
 
 A rate or addition to a rate for the purposes of the Act is 
 not in any case to exceed one penny in the pound in any 
 financial year; and the Act may be adopted subject to a 
 condition cutting down such maximum to a halfpenny or three 
 farthings ; but where such a condition is imposed the limit may 
 
 (1) The words "in value" are without an urban sanitary district 
 repealed by sect. 89 of the present as if the part without the district 
 Act. were a separate parish, is repealed 
 
 (2) 23 & 24 Vict. c. 30, ss. 4, 7. by sect. 89 of the present Act, 
 
 (3) lb. s. 3. being rendered unnecessary by 
 
 (4) lb. s. 6. sect. 1 (3), which sub-divides any 
 
 (5) lb. s. 5. such parish for all civil purposes. 
 
 (6) 55 & 56 Vict. c. 53. (10) The Public Libraries (Eng- 
 
 (7) 56 & 57 Vict. c. 11. land) Acts. 1855 to 1890. 
 
 ( 8 ) 55 & 56 Vict. c. 53, ss. 21-23. ( XI ) 55 & 5° Vict ' c - 53> ss - 2S > 
 
 (9) lb. s. I. Sub-sect. (3) of this 30. 
 
 section, which provided that the (12) lb. s. 9 ; 56 & 57 Vict. c. II, 
 
 Acts should have effect as regards s. 4. 
 
 any parish partly within and partly (13) 55 & 56 Vict. c. 53, s. 10.
 
 So The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, afterwards be raised from a halfpenny to three farthings, or 
 c. 73, s. 7, n. from either a halfpenny or three farthings to the full penny. 1 
 For the purpose of deciding in a parish as to the adoption of 
 the Act, as to fixing or raising a limitation on the amount of 
 rate to be levied for the purposes of the Act, and as to certain 
 other questions, the opinion of the " voters " is, upon the 
 requisition of ten or more " voters " in the parish, to be taken 
 by means of voting-papers in the manner prescribed by the 
 Act ; the voters being persons on the local government register in 
 respect of property within the library district in question. 2 
 The decision upon such questions rests with a simple majority 
 of the voters voting, and when the opinion of the voters upon 
 a question as to the adoption of the Act, or as to the limitation 
 of a rate, has been taken, it is not to be taken again within a 
 year. 3 In an urban sanitary district such questions may be 
 decided by a resolution of the sanitary authority passed at 
 a meeting held after notice given in a specified way. 4 
 
 Where the Act is adopted it is carried into execution by a 
 " library authority." In an urban sanitary district the sanitary 
 authority, with the addition of representatives of any parish 
 that may have been annexed to the district, are the library 
 authority, 5 but an urban authority acting as library authority 
 may delegate certain of their powers to a committee which 
 need not consist of members of the authority. 6 In a parish 
 for which it has been adopted, the Act provides for the 
 establishment as library authority of a body of commissioners 7 
 who are in certain respects to be subject to the control of the 
 vestry ; and it is provided that for the purposes of the Act 
 " the vestry of a parish shall be any body of persons acting by 
 virtue of any Act of Parliament as or instead of a vestry, and, 
 where there is no such body, shall be the inhabitants of the 
 parish in vestry assembled, but in the latter case the persons 
 registered as county electors in respect of the occupation of 
 property situate in the parish, and no other persons, shall be 
 members of the vestry." 8 Whether a vestry under this 
 enactment consisting wholly of county electors is a vestry 
 within the meaning of the present Act, so that its functions, 
 other than those referred to in sub-sect. (3) of the present 
 section, are transferred to the parish council or parish meet- 
 ing, as the case may be, by sect. 6 (1, a) or sect. 19, seems 
 doubtful. 
 The library authority are empowered to provide all or any 
 
 (0 55 & S^ Vict. c. 53, s. 2 ; as applies to rural parishes. 
 to the meaning of " financial year," (3) Ib. s. 3. 
 
 see ib. s. 27. (4) 56 & 57 Vict. c. II, S3. 2, 3. 
 
 (2) Ib. ss. 3, 27. The first (5) 55 & 56 Vict. c. 53, ss. 4, 10. 
 
 schedule to the Act, which contains (6) Ib. s. 15 (3). 
 
 regulations as to the manner in (7) Ib. s. 4 ; as to the election, 
 
 which the opinion of the voters is constitution, and proceedings of the 
 
 to be taken, is repealed by sect. 89 commissioners, see ib. ss. 5-8. 
 of the presentl Act, so far as it (8) Ib. s. 26.
 
 I.] Powers a?id Ditties of Parish Councils and Meetings. 81 
 
 of the following institutions, namely : public libraries, public 56 & 57 Vict, 
 museums, schools for science, art galleries, and schools for c - 73. s - 7. »• 
 art. 1 No charge is to be made for admission to a library or 
 museum provided under the Act ; nor, in the case of a lending 
 library, for the use thereof by the inhabitants of the district, 
 •but the library authority may grant the use of a lending library 
 to persons not being inhabitants of the district, either gratuitously 
 or for payment. 2 
 
 A library authority are given powers for the purchase or 
 hiring of land, and also, in the case of a library district being 
 an urban sanitary district, for the appropriation, for the pur- 
 poses of the Act, of land already vested in them. 3 Persons 
 holding land for ecclesiastical, parochial, or charitable pur- 
 poses are empowered, subject to certain conditions, to grant or 
 convey by way of gift, sale, or exchange, a limited quantity of 
 such land to a library authority ; and provision is made for the 
 sale, exchange, or letting of land vested in a library authority. 4 
 
 Provisions are made vesting land and other property held 
 for the purposes of the Act in the library authority ; 5 placing 
 the general control of libraries, &c, provided under the Act 
 in their hands ; 6 enabling them to appoint and dismiss salaried 
 officers and make regulations as to their libraries, &c. ; 7 
 ■enabling library authorities of two or more parishes, with the 
 consent of the voters in each parish, to enter into agreements 
 to share the expenses of libraries, &c. ; enabling a library 
 authority, with the consent of the voters and of the Charity 
 Commissioners, to make like agreements with the governing 
 body of any library, &c, established or maintained out of 
 funds under the jurisdiction of the Charity Commissioners, and 
 in case of inability, objection, or failure on the part of such 
 governing body to enter into such agreement, enabling the 
 Charity Commissioners to become party to the agreement on 
 behalf of the governing body; 8 and enabling a library 
 authority to accept a parliamentary grant subject to conditions. 9 
 
 The expenses of the Act, in a library district being a parish, 
 are to be defrayed out of a rate to be levied with and as part 
 of the poor rate, subject to this qualification : " that every 
 person assessed to the poor rate in the said parish in respect 
 of lands used as arable, meadow, or pasture ground only, or as 
 woodlands or market-gardens, or nursery-grounds, shall be 
 entitled to an allowance of two-thirds of the sum assessed upon 
 him in respect of those lands for the purposes " of the Act. 10 
 Where the parish is not combined with another parish such 
 amount only is to be raised as is from time to time sanctioned 
 
 (1) 55 & 56 Vict. c. 53, s. 11. (5) lb. s. 14. 
 
 (2) lb. (6) lb. s. 15 (1). 
 
 (3) lb. ss. 11, 12. As to the (7) lb. s. 15 (2). 
 acquisition of land by a parish (8) lb. s. 16. 
 council for the purposes of the (9) lb. s. 17. 
 adoptive Acts, see, ante, p. 63. (10) lb. s. 18 (i). 
 
 (4) lb. ss. 12, 13.
 
 82 
 
 The Local Government Act, 1864. 
 
 [Part 
 
 56 & 57 Vict, 
 c. 73, s. 7, a. 
 
 Additional 
 powers of 
 parish 
 council. 
 
 39 & 40 Vict, 
 c. 56. 
 
 38 & 39 Vict, 
 c. 55. 
 
 53 & 54 Vict. 
 c. 59. 
 
 by the vestry, and the amount so sanctioned is to be paid 
 under order of the vestry to the person appointed by the 
 library authority to receive it. 1 Where, on the other hand, a 
 parish is combined with another parish, or annexed to a 
 neighbouring library district, the amount of the expenses to be 
 incurred by the library authority is not subject to the control of 
 the vestry. 2 
 
 A library authority have borrowing powers, and the Public 
 Works Loan Commissioners are empowered to lend to them. 3 
 Provisions are made as to the keeping and audit of the 
 accounts of library authorities. 4 The Act also contains 
 provisions as to the determination of agreements entered into 
 between two or more vestries or library authorities, or between 
 a library authority and any other body, 5 and savings with 
 regard to an Act relating to Oxford and to local Acts. 6 
 
 Sect 8. — (1.) A parish council shall have the following 
 additional powers, namely, power — 
 
 (a) to provide or acquire buildings for public offices 
 
 and for meetings and for any purposes connected 
 with parish business or with the powers or duties 
 of the parish council or parish meeting ; and 
 
 (b) to provide or acquire land for such buildings and 
 
 for a recreation ground and for public walks ; 
 and 
 
 (c) to apply to the Board of Agriculture under section 
 
 nine of the Commons Act, 1876 ; and 
 (cZ) to exercise with respect to any recreation ground, 
 village green, open space, or public walk, which 
 is for the time being under their control, or to 
 the expense of which they have contributed, such 
 powers as may be exercised by an urban authority 
 under section one hundred and sixty-four of the 
 Public Health Act, 1875, or section forty-four of 
 the Public Health Acts Amendment Act, 1890, 
 in relation to recreation grounds or public walks, 
 and sections one hundred and eighty-three to 
 one hundred and eighty-six of the Public Health 
 Act, 1875, shall apply accordingly as if the 
 parish council were a local authority within the 
 meaning of those sections ; and 
 (e) to utilise any well, spring, or stream within their 
 parish and provide facilities for obtaining water 
 
 (1) 55 & 56 Vict. c. 53, s. 18 (2), 
 and see s. 26. 
 
 (2) lb. ss. 9, IO, 18 (3). 
 
 (3) lb. s. 19. As to the powers 
 of a parish council to borrow for 
 the purposes of the adoptive Acts, 
 
 see sect. 12, and the note to that 
 section, post. 
 
 (4) lb. s. 20. 
 
 (5) lb- s. 24. 
 
 (6) lb. ss. 25, 29.
 
 I.] Powers and Duties of Parish Councils and Meetings. 83 
 
 therefrom, but so as not to interfere with the 56 & 57 Vict, 
 rights of any corporation or person ; and c- 73 ' s - 8 - 
 
 (J) to deal with any pond, pool, open ditch, drain, or 
 place containing, or used for the collection of, 
 any drainage, filth, stagnant water, or matter 
 likely to be prejudicial to health, by draining, 
 cleansing, covering it, or otherwise preventing it 
 from being prejudicial to health, but so as not to 
 interfere with any private right or the sewage or 
 drainage works of any local authority ; and 
 (g) to acquire by agreement any right of way, whether 
 within their parish or an adjoining parish, the 
 acquisition of which is beneficial to the in- 
 habitants of the parish or any part thereof ; and 
 (li) to accept and hold any gifts of property, real or 
 personal, for the benefit of the inhabitants of the 
 parish or any part thereof ; and 
 (i) to execute any works (including works of main- 
 tenance or improvement) incidental to or 
 consequential on the exercise of any of the 
 foregoing powers, or in relation to any parish 
 property, not being property relating to affairs 
 of the church or held for an ecclesiastical 
 charity; and 
 (k) to contribute towards the expense of doing any of 
 the things above mentioned, or to agree or 
 combine with any other parish council to do or 
 contribute towards the expense of doing any of 
 the things above mentioned. 
 (2.) 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 shall not be 
 exercised, in the case of property which has been acquired 
 at the expense of any rate, or is at the passing of this Act 
 applied in aid of any rate, or would but for want of income 
 be so applied, without the consent of the Local Govern- 
 ment 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, 
 provided that the consent or approval required under 
 those Acts shall not be required for the letting for allot- 
 ments of land vested in the parish council. 
 
 (o.) Nothing in this section shall derogate from any 
 obligation of a district council with respect to the supply 
 of water or the execution of sanitary works. 
 
 (4.) Notice of any application to the JSoard of Agri- 
 
 g 2
 
 84 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, culture in relation to a common shall be served upon the 
 c. 73, s. 8. council of every parish in which any part of the common 
 to which the application relates is situate. 
 
 Note. Acquisition of land by parish council. — As to the 
 acquisition of land by a parish council, see sect. 9, and the note 
 to that section. 
 
 Application by parish council under the Commons Act. — Sect. 9 
 of the Commons Act, 1876, x enacts that " the Inclosure Com- 
 missioners [now the Board of Agriculture] 2 shall from time to 
 time, upon application made by the persons interested in any 
 common, issue in such form as they may deem expedient 
 information and directions as to the mode in which applications 
 for the regulation or inclosure of commons under the In- 
 closure Acts, 1845 to 1868, as amended by this Act are to be 
 made to the commissioners [now the Board of Agriculture], 
 with such explanations as they may think fit with respect to the 
 law for the regulation and inclosure of commons, and the per- 
 sons so interested may apply accordingly in manner directed by 
 the Inclosure Commissioners" [now the Board of Agriculture]. 
 
 A short sketch of the scheme of the Inclosure Acts with 
 regard to the inclosure or regulation of a common will be found, 
 ante, p. 51. 
 
 Recreation grounds. — Various enactments, under which re- 
 creation grounds may be provided for a parish, are referred to 
 in the notes to sects. 6 and 7. 3 Recreation grounds provided 
 under these enactments for a parish, whether before or after 
 the parish council comes into office will, under those sections, 
 as has been seen, 4 in general be subject to the control of the 
 parish council. 
 
 The sections of the Public Health Act, 1875, referred to in 
 sub-clause id) of the present section, are as follows : — 
 
 Sect. 164. 5 " Any urban authority may purchase or take on 
 lease lay out plant improve and maintain lands for the purpose 
 of being used as public walks or pleasure grounds, and may 
 support or contribute to the support of public walks or pleasure 
 grounds provided by any person whomsoever. 
 
 " Any urban authority may make byelaws for the regulation 
 of any such public walk or pleasure ground, and may by such 
 byelaws provide for the removal from such public walk or 
 pleasure ground of any person infringing any such byelaw by 
 any officer of the urban authority or constable." 
 
 Sect. 183. " Any local authority may, by any byelaws made 
 by them under this Act, impose on offenders against the same 
 such reasonable penalties as they think fit, not exceeding the 
 sum of five pounds for each offence, and in the case of a con- 
 tinuing offence a further penalty not exceeding forty shillings 
 
 (1) 39 & 40 Vict. c. 56, s. 9. (4) See pp. 45, 62. 
 
 (2) See, ante, p. 51. (5) 3S & 39 Vict. c. 55, s. 164. 
 
 (3) See pp. 48, 52, 53, 56, 57, 78. (6) lb. s. 1S3.
 
 I.] Powers and Duties of Parish Councils and Meetings. S5 
 
 for each day after written notice of the offence from the local 56 & 57 Vict. 
 authority ; but all such byelaws imposing any penalty shall be c - 73. s - 8 > "• 
 so framed as to allow of the recovery of any sum less than the 
 full amount of the penalty. 
 
 " Nothing in the provisions of any Act incorporated here- 
 with shall authorise the imposition or recovery under any 
 byelaws made in pursuance of such provisions of any greater 
 penalty than the penalties in this section specified." 
 
 Sect. 184. 1 "Byelaws made by a local authority under this 
 Act shall not take effect unless and until they have been 
 submitted to and confirmed by the Local Government Board, 
 which Board is hereby empowered to allow or disallow the 
 same as it may think proper ; nor shall any such byelaws be 
 confirmed — 
 
 " Unless notice of intention to apply for confirmation of the 
 same has been given in one or more of the local news- 
 papers circulated within the district to which such bye- 
 laws relate, one month at least before the making of 
 such application ; and 
 
 " Unless for one month at least before any such application 
 a copy of the proposed byelaws has been kept at the 
 office of the local authority, and has been open during 
 office hours thereat to the inspection of the ratepayers 
 of the district to which such byelaws relate, without fee 
 or reward. 
 
 " The clerk of the local authority shall, on the application of 
 any such ratepayer, furnish him with a copy of such proposed 
 byelaws or any part thereof, on payment of sixpence for every 
 hundred words contained in such copy. 
 
 " A byelaw required to be confirmed by the Local Govern- 
 ment Board shall not require confirmation allowance or 
 approval by any other authority." 
 
 Sect. 185. 2 "All byelaws made by a local authority under 
 this Act, or for purposes the same as or similar to those of 
 this Act under any local Act, shall be printed and hung up 
 in the office of such authority ; and a copy thereof shall be 
 delivered to any ratepayer of the district to which such bye- 
 laws relate, on his application for the same ; a copy of any 
 byelaws made by a rural authority shall also be transmitted to 
 the overseers of every parish to which such byelaws relate, to 
 be deposited with the public documents of the parish, and to 
 be open to the inspection of any ratepayer of the parish at all 
 reasonable hours." 
 
 Sect. 186. 3 "A copy of any byelaws made under this Act by 
 a local authority (not being the council of a borough), signed 
 and certified by the clerk of such authority to be a true copy 
 and to have been duly confirmed, shall be evidence until the 
 contrary is proved in all legal proceedings of the due making, 
 
 (1) 38 & 39 Vict. c. 55, s. 1 84. (3) lb. s. 186. 
 
 (2) Jb. s. 185.
 
 86 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, confirmation and existence of such byelaws without further or 
 c 73, s. 8, n. other proof." 
 
 Sect. 44 of the Public Health Acts Amendment Act, 1890, 1 
 is as follows : — 
 
 " (1.) An urban authority may on such days as they think 
 fit (not exceeding twelve days in any one year, nor four 
 consecutive days on any one occasion) close to the public any 
 park or pleasure ground provided by them or any part thereof, 
 and may grant the use of the same, either gratuitously or for 
 payment, to any public charity or institution, or for any 
 agricultural, horticultural, or other show, or any other public 
 purpose, or may use the same for any such show or purpose ; 
 and the admission to the said park or pleasure ground, or such 
 part thereof, on the days when the same shall be so closed to 
 the public may be either with or without payment, as directed 
 by the urban authority, or, with the consent of the urban 
 authority, by the society or persons to whom the use of the 
 park or pleasure ground, or such part thereof, may be granted : 
 Provided that no such park or pleasure ground shall be closed 
 on any Sunday or public holiday. 
 
 " (2.) An urban authority may either themselves provide 
 and let for hire, or may license any person to let for hire, any 
 pleasure boats on any lake or piece of water in any such park 
 or pleasure ground, and may make byelaws for regulating the 
 numbering and naming of such boats, the number of persons 
 to be carried therein, the boathouses and mooring places for 
 the same, and for fixing rates of hire and the qualifications of 
 boatmen, and for securing their good and orderly conduct 
 while in charge of any boat." 
 
 Affairs of the church. Ecclesiastical charity. — These expres- 
 sions are defined in sect. 75 (2). 
 
 Sale, &c, of lands of parish council. — It would seem that the 
 provisions in sub-sect. (2), rendering the consent of the Local 
 Government Board, or consent or approval under the Charitable 
 Trusts Acts, necessary to the sale, &c. of lands vested in the 
 parish council, will not apply where the parish council propose 
 to deal with their lands, not under the powers conferred on 
 them by that sub-section, but under powers derived from some 
 other enactment. Thus it is submitted that a parish council 
 may, without obtaining such consent as is mentioned in the 
 sub-section, sell lands vested in them to any person or body 
 authorised to purchase such lands under the Lands Clauses 
 Acts, or exchange such lands under the Inclosure Acts. 
 
 The words in sub-sect. (2), " such consent or approval as is 
 required under the Charitable Trusts Acts, 1853 to 1891, for 
 the sale of charity estates" appear to refer to sect. 29 of the 
 Charitable Trusts Amendment Act, 1855, 2 which enacts that 
 
 ( x ) 53 & 54 Vict. c. 59, s. 44. Trusts Acts generally, see the note 
 
 (2) 18 & 19 Vict. c. 124, s. 29. to sect, impost. 
 With regard to the Charitable
 
 I.] Powers atid Duties of Parish Councils and Meetings. 87 
 
 " it shall not be lawful for the trustees or persons acting in the 56 & 57 Vict, 
 administration of any charity to make .... otherwise than c - 73> s. S, n. 
 with the express authority of Parliament, under any Act already 
 passed or which may hereafter be passed, or of a court or judge 
 of competent jurisdiction, or according to a scheme legally 
 established, or with the approval of the board [i.e. the Charity 
 Commissioners], any sale .... of the charity estate . . . ." 
 
 The provisions of sub-sect. (2) will not, it seems, apply to 
 the sale or exchange of any land acquired by a parish council 
 under sect. 9 ; inasmuch as special provisions are made as to 
 the sale or exchange of land so acquired by sub-sect. (13) of 
 that section, which incorporates, subject to adaptations to be 
 prescribed by the Local Government Board, a section of the 
 Allotments Act, 1S87, 1 authorising the sale or exchange of 
 land with the consent of the county council, and providing 
 that in the case of such a sale, certain persons shall have rights 
 of pre-emption. 2 
 
 By sect. 6, (1, d), the powers of the guardians as to the sale, 
 exchange, or letting of parish property, are transferred to the 
 parish council. These powers are discussed in the note to 
 that section, ante, pp. 57-60. Certain other enactments, under 
 which parish property may be disposed of, are mentioned in 
 sect. 52, and in the note to that section. 
 
 Duties of district council. — With regard to the obligations of 
 a district council as to water supply and sanitary works, see 
 the note to sect. 16, post. 
 
 Sect. 9. — (1.) For the purpose of the acquisition of Powers for 
 land by a parish council the Lands Clauses Acts shall acquisition 
 be incorporated with this Act, except the provisions of 
 those Acts with respect to the purchase and taking 
 of land otherwise than by agreement, and section one 
 hundred and seventy-eight of the Public Health Act, 38 & 33 Via. 
 1875, shall apply as if the parish council were referred to c. 55. 
 therein. 
 
 (2.) If a parish council are unable to acquire by agree- 
 ment and on reasonable terms suitable land for any 
 purpose for which they are authorised to acquire it, they 
 may represent the case to the county council, and the 
 county council shall inquire into the representation. 
 
 (3.) If on any such representation, or on any pro- 50 & 51 Vict, 
 ceeding under the Allotments Acts, 1887 and 1890, a 0. 48. 
 county council are satisfied that suitable land for the 53 * 54 ^ lct * 
 said purpose of the parish council or for the purpose of 
 allotments (as the case may be), cannot be acquired on 
 reasonable .terms by voluntary agreement, and that the 
 
 (1) 50 & 51 Vict. c. 48, s. n, set (2) See further, the note to sect. 9, 
 
 out in the Appendix. post, p. 95.
 
 88 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, circumstances are such as to justify the county council 
 c 73. s. 9. j n p rocee di n nr under this section, they shall cause such 
 public inquiry to be made in the parish, and such notice 
 to be given both in the parish and to the owners, 
 lessees, and occupiers of the land proposed to be taken 
 as may be prescribed, and all persons interested shall be 
 permitted to attend at the inquiry, and to support or 
 opjDose the taking of the land. 
 
 (4.) After the completion of the inquiry, and consider- 
 ing all objections made by any persons interested, the 
 county council may make an order for putting in force, 
 as respects the said land or any part thereof, the pro- 
 visions of the Lands Clauses Acts with respect to the 
 purchase and taking of land otherwise than by agree- 
 ment. 
 
 (5.) If the county council refuse to make any such 
 order, the parish council, or, if the proceeding is taken on 
 the petition of the district council, then the district 
 council, may petition the Local Government Board, and 
 that Board after local inquiry may, if they think proper, 
 make the order, and this section shall apply as if the order 
 had been made by the county council. Any order made 
 under this sub-section overruling the decision of the 
 county council shall be laid before Parliament by the 
 Local Government Board. 
 
 (6.) A copy of any order made under this section shall 
 be served in the prescribed manner, together with a 
 statement that the order will become final and have the 
 effect of an Act of Parliament, unless within the prescribed 
 period a memorial by some person interested is presented 
 to the Local Government Board praying that the order 
 shall not become law without further inquiry. 
 
 (7.) The order shall be deposited with the Local 
 Government Board, who shall inquire whether the 
 provisions of this section and the prescribed regulations 
 have been in all respects complied with ; and if the 
 Board are satisfied that this has been done, then, after the 
 prescribed period — 
 
 (a.) If no memorial has been presented, or if every 
 such memorial has been withdrawn, the Board 
 shall, without further inquiry, confirm the 
 order : 
 (h.) If a memorial has been presented, the Local 
 Government Board shall proceed to hold a local 
 inquiry, and shall, after such inquiry, either 
 confirm, with or without amendment, or disallow 
 the order :
 
 L] Powers and Duties of Parish Councils and Meetings. 89 
 
 (c.) Upon any such confirmation the order, and if 56 & 57 Vict. 
 amended as so amended, shall become final and c ' 7j ' s 
 have the effect of an Act of Parliament, and the 
 confirmation by the Local Government Board 
 shall be conclusive evidence that the require- 
 ments of this Act have been complied with, and 
 that the order has been duly made, and is within 
 the powers of this Act. 
 (8.) Sections two hundred and ninety-three to two 
 hundred and ninety-six, and sub-sections (1) and (2) of 
 section two hundred and ninety-seven of the Public 
 Health Act, 1875, shall apply to a local inquiry held by 
 the Local Government Board for the purposes of this 
 section, as if those sections and sub-sections were herein 
 re-enacted, and in terms made applicable to such inquiry. 
 (9.) The order shall be carried into effect, when made 
 on the petition of a district council, by that council, and 
 in any other case by the county council. 
 
 (10.) Any order made under this section for the 
 purpose of the purchase of land otherwise than by agree- 
 ment shall incorporate the Lands Clauses Acts and 
 sections seventy-seven to eighty-five of the Kail ways 8 & 9 Vict. 
 Clauses Consolidation Act, 1845, with the necessary c - 20 - 
 adaptations, but any question of disputed compensation 
 shall be dealt with in the manner provided by section 
 three of the Allotments Act, 1887, and provisoes (a), (b), 
 and (c) of sub-section (4) of that section are incorporated 
 with this section and shall apply accordingly : Provided 
 that in determining the amount of disputed compensation, 
 the arbitrator shall not make any additional allowance in 
 respect of the purchase being compulsory. 
 
 (11.) At any inquiry or arbitration held under this 
 section the person or persons holding the inquiry or 
 arbitration shall hear any authorities or parties interested 
 by themselves or their agents, and shall hear witnesses, 
 but shall not, except in such cases as may be prescribed 
 hear counsel or expert witnesses. 
 
 (12.) The person or persons holding a public inquiry 
 for the purposes of this section on behalf of a county 
 council shall have the same powers as an inspector or 
 inspectors of the Local Government Board when holding 
 a local inquiry ; and section two hundred and ninety- 
 four of the Public Health Act, 1875, shall apply to the 
 costs of inquiries held by the county council for the 
 purpose of this section as if the county council were 
 substituted for the Local Government Board. 
 
 (13.) Sub-section (2) of section two, if the land is taken
 
 go The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, for allotments, and, whether it is or is not so taken, sub- 
 c 73, s. 9. sec tions (5), (6), (7), and (8) of section three of the Allot- 
 50 & 51 Vict, inents Act, 1887, and section eleven of that Act, and 
 c- o 48. section three of the Allotments Act, 1890, are incorporated 
 
 53 & 54 Vict. w j^.j 1 ^jg sec tion, and shall, with the prescribed adapta- 
 tions, apply accordingly. 
 
 (14.) Where the land is acquired otherwise than for 
 allotments, it shall be assured to the parish council ; and 
 any land purchased by a county council for Allotments 
 under the Allotments Acts, 1887 and 1890, and this Act, 
 or any of them, shall be assured to the parish council, and 
 in that case sections five to eight of the Allotments Act, 
 1887, shall apply as if the parish council were the sanitary 
 authority. 
 
 (15.) Nothing in this section shall authorise the parish 
 council to acquire otherwise than by agreement any land 
 for the purpose of any supply of water, or of any right of 
 way. 
 
 (16.) In this section the expression " allotments " 
 includes common pasture where authorised to be acquired 
 under the Allotments Act, 1887. 
 
 (17.) Where, under the Allotments Act, 1890, the 
 Allotments Act, 1 887, applies to the purchase of land by 
 the county council, that Act shall apply as amended by 
 this section, and the parish council shall have the like 
 power of petitioning the county council as is given to six 
 parliamentary electors by section two of the Allotments 
 Act, 1890. 
 
 (18.) This section shall apply to a county borough with 
 the necessary modifications, and in particular with the 
 modification that the order shall be both made and 
 confirmed by the Local Government Board and shall be 
 carried into effect by the council of the county borough. 
 
 (19.) The expenses of a county council incurred under 
 this section shall be defrayed in like manner as in the case 
 of a local inquiry by a county council under this Act. 
 
 Note. Acquisition of land for purposes of parish council. — 
 The present section relates to the acquisition of land, both for 
 the purposes of a parish council and for allotments. It will be 
 convenient to discuss the course of proceedings in the two 
 cases separately, and to deal first with the acquisition of land 
 for the purposes of a parish council. The various matters to 
 be prescribed under the section are, it may be premised, by 
 sect. 75 (2), to be prescribed by the Local Government Board. 
 
 The Allotments Acts, 1887 and 1890, 1 certain portions of 
 
 (1) 50 & 51 Vict. c. 4S ; 53 & 54 Vict. c. 65.
 
 I.] Powers and Duties of Parish Councils and Meetings. 91 
 
 which are incorporated with the present section, will be found 56 & 57 Vict, 
 in the Appendix. c. 73, s. 9, n. 
 
 A parish council will be able to acquire land by agreement, 
 without the intervention of any other authority ; and for that 
 purpose they will, under sub-sect. (1), be able to avail them- 
 selves of the provisions of the Lands Clauses Acts as to the 
 purchase of land by agreement. 1 These Acts it is beyond the 
 scope of the present work to discuss. It will be enough to say 
 that the provisions they contain as to the purchase of lands by 
 agreement are principally designed to enable lands to be sold, 
 to persons or bodies authorised to purchase under the Acts, 
 where the persons entitled to such lands are under disabilities ; 
 as where lands are held by tenants in tail or for life, married 
 women, infants, lunatics, charity trustees, &c. 
 
 Sect. 178 of the Public Health Act, 1875, 2 is also to apply 
 to the sale of land to a parish council. That section em- 
 powers the Chancellor and Council of the Duchy of Lancaster 
 to sell lands belonging to the Crown in right of the Duchy to 
 local authorities. 
 
 Sub-sect. (13) of the present section incorporates, subject to 
 prescribed adaptations, among other enactments, sub-sect. (7) 
 of sect. 3 of the Allotments Act, 1887. 3 This provision will, 
 apparently, enable persons under disabilities to let land to a 
 parish council. 
 
 If the parish council fail in an endeavour to acquire land by 
 agreement, their next step will be to represent the case to the 
 county council under sub-sect. (2). The county council will 
 thereupon inquire into the representation, and, if they deter- 
 mine to proceed with the matter, they may, under sub-sects. (3) 
 and (4), after public inquiry, make an order for the compulsory 
 purchase of the land proposed to be taken, or any part of it. 
 The decision of the county council may be the subject of 
 appeal to the Local Government Board in the manner pro- 
 vided by sub-sects (5), (6), and (7), and, in the event of such 
 an appeal that Board, if the county council have refused to 
 make the order, may themselves make such an order, or if the 
 council have made the order may confirm it with or without 
 amendment, or may disallow it. An order of the county 
 council for the compulsory acquisition of land will in every 
 case require confirmation by the Local Government Board, but 
 such confirmation cannot be withheld if the preliminary pro- 
 ceedings have been properly taken, unless the order is appealed 
 against, and the appeal is persisted with. 
 
 (1) Under the Interpretation Act, the Lands Clauses Consolidation 
 
 1SS9 (52 & 53 Vict. c. 63), s. 23, Act, 1869 (32 & 33 Vict. c. 18), and 
 
 the expression "Lands Clauses the Lands Clauses (Umpire) Act, 
 
 Acts" means the Lands Clauses 1883 (46 & 47 Vict. c. 15) and any 
 
 Consolidation Act, 1845 (8 & 9 Acts for the time being in force 
 
 Vict. c. 18), the Lands Clauses amending the same. 
 Consolidation Acts Amendment (2) 38 & 39 Vict. c. 55, s. 178. 
 
 Act, i860 (23 & 24 Vict. c. 106), (3) 50 & 51 Vict. c. 48, s. 3 (7).
 
 92 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. When the order is finally confirmed, the county council are, 
 c - 73. s. 9) n. under sub-sect (9), to carry it into effect ; but the land is, under 
 sub-sect. (14), to be assured to the parish council, and the 
 county council are to be repaid their expenses in the matter 
 by the parish council under sect. 72 (4), which is rendered 
 applicable to the case by sub-sect. (19) of the present section. 
 
 Acquisition of land for allotments. — Power to hire land for 
 allotments is conferred on parish councils by the next section. 
 The present section, so far as it relates to allotments, 
 appears to be confined to the purchase of land for that 
 purpose. 1 
 
 The provisions of the section as to allotments are by no 
 means free from obscurity. In particular, difficulty arises from 
 the fact that the expression "parish" has not the same 
 meaning in the Allotments Acts, 1887 and 1890, as it has in 
 the present Act. In the former Acts the expression means, 
 under sect. 14 (2) of the Allotments Act, 1887, - a "contribu- 
 tory place," while in the present Act it means a poor law 
 parish. 3 This difficulty arises, however, only in some instances, 
 as very frequently a parish within the meaning of the present 
 Act is a contributory place. 
 
 The following is an outline of the proceedings that, under 
 the Allotments Acts as amended by the present Act, may be 
 taken where a parish council, of a parish that is a contributory 
 place, desire that land should be purchased for allotments for 
 the benefit of the inhabitants of their parish : — 
 
 A parish council are not authorised themselves to purchase 
 land by agreement for the purpose of allotments. If they 
 desire that land should be purchased for that purpose their 
 first step therefore must be to make a representation to the 
 rural district council under sect. 6 (3) ante, and sect. 2 of the 
 Allotments Act, 1887. 4 The district council may then purchase 
 land by agreement for allotments for the benefit of the parish ; 
 and, if they are unable to effect such a purchase upon 
 reasonable terms, they may petition the county council ; 5 
 whereupon the present section will come into operation and 
 the county council, after due preliminaries, may make an order 
 for the compulsory purchase of the land proposed to be taken 
 or any part of it. To the confirmation of such an order, to an 
 appeal against such an order, and to an appeal against a 
 refusal to make such an order, sub-sects. (5) (6) and (7) apply 
 
 (1) It is submitted that this is of land for allotments, only comes 
 
 so, notwithstanding that by sub- into operation where it is proposed 
 
 sect. (13), sub-sect. (7) of sect. 3 of to take land for that purpose com- 
 
 the Allotments Act, 1887 (50 & 51 pulsorily. 
 
 Vict. c. 48), is, subject to adapta- (2) 50 & 51 Vict. c. 48, s. 14(2). 
 
 tions, incorporated with the present (3) The enactments relating to 
 
 section for all purposes. For that the formation and boundaries of 
 
 sub-section is confined to the letting contributory places are mentioned 
 
 of land for the purpose of allot- in the note to sect. 15, post. 
 
 mentsby agreement, and the present (4) 50 & 51 Vict. c. 48, s. 2. 
 
 section, as regards the acquisition (5) lb. s. 3 (2).
 
 I.] Powers and Duties of ravish Councils and Meetings. 93 
 
 in like manner as in the case of an order or refusal of an order 56 & 57 Vict. 
 
 for the compulsory acquisition of land for the purposes of a c - 73. s - 9. »• 
 
 parish council, except that the district council, and not the 
 
 parish council, have the right of appeal if the order is refused. 
 
 The order when made will, under sub-sect. (9), be carried into 
 
 effect by the district council. And after the land is acquired 
 
 it will be held by the district council and let by them in 
 
 allotments ; but, under sects. 6 and 9 of the Allotments Act, 
 
 1887, 1 and sect. 6 (3, 4), ante, the district council may, and if 
 
 the parish council petition them so to do must, appoint the 
 
 parish council managers of the allotments. 
 
 If on the other hand the district council fail to acquire 
 
 sufficient and suitable land, the parish council may petition the 
 
 county council under sub-sect. (17) of the present section and 
 
 sect. 2 (1) of the Allotments Act, 1890.' 2 Thereupon the 
 
 county council after inquiry may pass a resolution having the 
 
 effect of transferring to themselves the powers and duties of 
 
 the district council under the Allotments Act, 1887. 3 If the 
 
 county council refuse to pass this resolution the matter will 
 
 apparently be at an end, as sub-sect. (5) appears only to come 
 
 into operation, where the parish council petition the county 
 
 council under the Allotments Act, 1890, if, though they have 
 
 resolved that land for allotments ought to be provided, the 
 
 county council refuse to make an order for the compulsory 
 
 acquisition of land. If the county council transfer the powers 
 
 in question to themselves they may then acquire land by 
 
 agreement, and, if they are unable so to acquire suitable land 
 
 on reasonable terms, they may proceed under the present 
 
 section to make an order for the compulsory purchase of the 
 
 land. Such an order, or the refusal to make such an order, 
 
 will be subject to the provisions of the section as to appeals 
 
 and confirmation as in other cases where the county council 
 
 are empowered by the section to make an order for the 
 
 compulsory purchase of land. When the land has been 
 
 purchased by the county council, whether by agreement or 
 
 compulsorily, it is under sub-sect. (14) to be conveyed to the 
 
 parish council ; and the parish council will let it in allotments 
 
 under sects. 5-8 of the Allotments Act, 1887. 4 As to the 
 
 manner in which the expenses of the county council are 
 
 to be defrayed in such cases, see sect. 6, of the Allotments Act, 
 
 1890, 5 and the note to that section in the Appendix. 
 
 The foregoing account of the procedure where it is proposed 
 to purchase land for allotments, has been based on the 
 assumption that the initiative is taken by a parish council. 
 The section will, under sub-sect. (17), apply also where a district 
 council, either of an urban or rural district, take proceedings 
 of their own motion, or where the initiative is taken by six 
 
 (1) 50 & 51 Vict. c. 48 ss. 6, 9. (4) 50 & 51 Vict. c. 48, ss. 5-8. 
 
 (2) 53 & 54 Vict. c. 65, s. 2 (1). (5) 53 & 54 Vict. c. 65, s. 6. 
 
 (3) lb. s. 2 (2).
 
 94 The Local Government Act, 1894. [Part 
 
 electors. The six electors, however, are not entitled to appeal 
 to the Local Government Board in the last resort. And by 
 sub-sect. (18) the section will apply with modifications to 
 obtaining land for allotments for the benefit of the inhabitants 
 of a county borough. 
 
 Order for compulsory acquisition of land. — By sub-sects. (6) 
 and (8) of sect. 3 of the Allotments Act, 1887, 1 which, by 
 sub-sect. (13) of the present section, are applied, subject to 
 prescribed adaptations, to the taking of land, whether for allot- 
 ments or for the purposes of a parish council, an order for 
 the compulsory acquisition of land is not to extend to any 
 park, garden, pleasure-ground, or the land required for the 
 amenity or convenience of any dwelling-house, or any land the 
 property of a railway or canal company which is or may be 
 required for the purposes of their undertaking, or to any right 
 to coal or metalliferous ore ; and, in making the order, regard 
 is to be had in certain specified respects to the interests of the 
 landowner. 
 
 By sect. 2 (2) of the same Act, 2 which by sub-sect. (13) is 
 applied, subject to prescribed adaptations, to the taking of land 
 for allotments under the present section, land for that purpose 
 is not to be taken except at such a price or rent _ that all 
 expenses, with certain exceptions, incurred in acquiring the 
 land, and otherwise in relation to the allotments, may reason- 
 ably be expected to be recouped out of the rents obtained in 
 respect thereof. 
 
 An order under the present section for the compulsory 
 acquisition of land will put in force, as regards the land it 
 affects, the compulsory clauses of the Lands Clauses Acts with 
 some modifications. The compulsory provisions of these Acts, 
 which may be regarded as constituting the general law with 
 regard to the compulsory acquisition of land for public purposes, 
 it is beyond the scope of the present work to discuss. Sub- 
 sects. (10), (n), and (13), however, make certain modifications 
 in the Lands Clauses Acts for the purposes of the present 
 section, which may be briefly summarized. 
 
 In the first place the order is to incorporate, with the 
 necessary modifications, sects. 77-85 of the Railways Clauses 
 Consolidation Act, 1845, 3 which relate to the rights of owners 
 of mines under and adjacent to lands taken for a railway. 
 Secondly, questions of disputed compensation are to be dealt 
 with in the manner provided by sect. 3 of the Allotments Act, 
 1887. 4 The most important provisions of that section, as to 
 questions of disputed compensation, are that such questions 
 are to be referred to a single arbitrator, and that the arbitrator 
 is to have certain special powers in relation to costs. Again, 
 counsel and expert witnesses are not, except in such cases as 
 
 (1) 50 & 51 Vict. c. 4S, s. 3 (3) 8 & 9 Vict. c. 20, ss. 77-85. 
 (6, 8). (4) 5° & 51 Vict. c. 48, s. 3. 
 
 (2) lb. s. 2 (2).
 
 L] Powers and Duties of Parish Councils and Meetings. 95 
 
 may be prescribed, to be heard by the arbitrator. Lastly, the 5 6 & 57 Viet. 
 arbitrator is not to make any additional allowance in respect of c ' ' 
 the purchase being compulsory. The last-mentioned provision 
 appears to be intended to meet the practice of allowing, in 
 assessing compensation for land compulsorily taken, in addition 
 to the estimated value of the land to the owner, which in 
 principle is the proper amount of the compensation, a certain 
 percentage by way of solatium to the owner for being deprived 
 of his land against his wish, even at a fair price. 
 
 Sale or exchange of unsuitable or superfluous land. — By sub- 
 sect. (13), sect, n of the Allotments Act, 1887, l is, subject to 
 prescribed adaptations, incorporated with the present section. 
 That section, which enables land acquired for allotments to be 
 sold or exchanged with the consent of the county council, 
 where it is no longer required, or where more suitable land is 
 available, will therefore apply not only to land acquired for 
 allotments, but also to land acquired under the present section 
 for the purposes of a parish council. By the section in question, 
 sects. 128-132 of the Lands Clauses Consolidation Act, 
 1845, 2 are rendered applicable to a sale effected under its 
 provisions. These sections require the land to be offered to 
 the person for the time being entitled to the lands (if any) from 
 which the land proposed to be sold was originally severed, and 
 failing him, to the several persons whose lands immediately 
 adjoin the land proposed to be sold ; provide, if the right of 
 pre-emption is claimed, for the settlement of any difference as 
 to the price by arbitration ; and contain certain provisions as 
 to the form and effect of the conveyance of the land to the 
 purchaser. 
 
 Inquiry by local Government Board. — The portions of the 
 Public Health Act, 1875, 3 applied by sub-sect. (8) to inquiries 
 by the Local Government Board under the present section are 
 as follows : — 
 
 Sect. 293. " The Local Government Board may from time 
 to time cause to be made such inquiries as are directed by this 
 Act, and such inquiries as they see fit in relation to any matters 
 concerning the public health in any place, or any matters with 
 respect to which their sanction approval or consent is required 
 by this Act." 
 
 Sect. 294. " The Local Government Board may make orders 
 as to the costs of inquiries or proceedings instituted by, or of 
 appeals to the said Board under this Act, and as to the parties 
 by whom or the rates out of which such costs shall be borne ; 
 and every such order may be made a rule of one of the 
 superior courts of law on the application of any person named 
 therein." 
 
 Sect. 295. "All orders made by the Local Government 
 
 (1) 50 & 51 Vict. c. 48, s. 11. (3) 38 & 39 Vict. c. ss, ss/293- 
 
 (2) 8 & 9 Vict. c. 18, ss. 128-132. 296, 297 (i, 2).
 
 9 6 The Local Government Ad, 1894. [Part 
 
 56 & 57 Vict. Board in pursuance of this Act shall be binding and conclusive 
 c. 73, s. 9, n. i n respect of the matters to which they refer, and shall be 
 published in such manner as that Board may direct." 
 
 Sect. 296. "Inspectors of the Local Government Board 
 shall, for the purposes of any inquiry directed by the Board, 
 have in relation to witnesses and their examination, the pro- 
 duction of papers and accounts, and the inspection of places 
 and matters required to be inspected, similar powers to those 
 which poor law inspectors have under the Acts relating to the 
 relief of the poor for the purposes of those Acts." 
 
 Sect. 297. "With respect to provisional orders authorised to 
 be made by the Local Government Board under this Act, the 
 following enactments shall be made : — 
 
 (1.) "The Local Government Board shall not make any 
 provisional order under this Act unless public notice 
 of the purport of the proposed order has been pre- 
 viously given by advertisement in two successive 
 weeks in some local newspaper circulating in the 
 district to which such provisional order relates : 
 (2.) " Before making any such provisional order, the Local 
 Government Board shall consider any objections 
 which may be made thereto by any persons affected 
 thereby, and in cases where the subject matter is one 
 to which a local inquiry is applicable, shall cause to 
 be made a local inquiry, of which public notice shall 
 be given in manner aforesaid, and at which all 
 persons interested shall be permitted to attend and 
 make objections : " 
 With regard to the power of poor law inspectors, in relation 
 to witnesses and their examination, &c, the Poor Law Board 
 Act, 1847, x contains the following provisions : — 
 
 " The said inspectors may summon before them such per- 
 sons as they may think necessary for the purpose of being 
 examined before them upon any matter concerning the ad- 
 ministration of the laws relating to the relief of the poor, or 
 any other matter placed by law under the control or regulation 
 of the commissioners [now the Local Government Board], or 
 for the purpose of producing and verifying upon oath any 
 books, contracts, agreements, accounts, writings, or copies_ of 
 the same, in anywise relating to such matter, and not relating 
 to or involving any question of title to any lands, tenements, 
 or hereditaments not being the property of any parish or union, 
 and may examine any person whom they shall so summon, or 
 who shall voluntarily come before them to be examined upon 
 any such matter upon oath, which each of the said inspectors 
 shall be empowered to administer, or instead of administering 
 an oath, the inspector may require the party examined to make 
 and subscribe a declaration of the truth of the matter respect- 
 ing which he shall have been or shall be so examined ; and all 
 
  31. 
 time during the tenancy thereof by the parish council be 
 shown to the satisfaction of the county council to be 
 required by the landlord for the purpose of working and 
 getting the mines, minerals, or surface minerals there- 
 under, or for any road or work to be used in connexion 
 with such working or getting, it shall be lawful for the 
 landlord of such land to resume possession thereof upon 
 giving to the parish council twelve calendar months 
 previous notice in writing of his intention so to do, and 
 upon such resumption the landlord shall pay to the parish 
 
 H 2
 
 IOO 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, council and to the allotment holders of the land for the 
 c. 73, s. 10. ^ me b e i n g sucn sum by way of compensation for the loss 
 of such land for the purposes of allotments as may be 
 agreed upon by the landlord and the parish council, or 
 in default of such agreement as may be awarded by a 
 single arbitrator to be appointed in accordance with the 
 provisions of section three of the Allotments Act, 1887, 
 and the provisions of that section shall apply to such 
 arbitrator. 
 
 The word "landlord" in this sub -section means the 
 person for the time being entitled to receive the rent of 
 the land hired by the parish council. 
 
 (11.) The Local Government Board shall annually lay 
 before Parliament a report of any proceedings under this 
 and the preceding section. 
 
 Note. Hiring of land for allotments. — The provisions of 
 the preceding section relating to the purchase of land, which 
 are applied to the hiring of land for allotments by sub-sect. (1), 
 are discussed at some length in the note to that section. The 
 Allotments Act, 1887, J will be found in the Appendix. 
 
 Certain lands not to be Aired compulsorily. — Certain kinds of 
 land and of rights in land to which an order for the com- 
 pulsory hiring of land is not to extend, are mentioned in 
 sub-sect. (9). Further restrictions as to the lands that may be 
 included in such an order are contained in sub-sects. (6) and 
 (8) of sect. 3 of the Allotments Act, 1887, 2 which, subject to 
 adaptations to be prescribed by the Local Government Board, 
 are applied to the compulsory hiring of land for allotments by 
 sect. 9 (13) and sub-sect. (1) of the present section. 
 
 The expression "small holding" is defined in the Small 
 Holdings Act, 1892, 3 as meaning " land acquired by a council 
 under the powers and for the purposes of this Act, and which 
 exceeds one acre and either does not exceed fifty acres, or, if 
 exceeding fifty acres, is of an annual value for the purposes of 
 the income tax not exceeding fifty pounds." It may be 
 doubted, however, whether in sub-sect. (9) of the present 
 section the expression is used as confined in meaning to land 
 actually acquired by a council under the Small Holdings Act, 
 1892, more particularly as in that Act itself the expression is 
 in one instance at least 4 clearly used of land that has not been 
 so acquired. 
 
 Eestrictions Sect - 11 - — W. ^- P ar i sn council shall not, without the 
 on expen- consent of a parish meeting, incur expenses or liabilities 
 diture. which will involve a rate exceeding threepence in the 
 
 (1) 50 & 51 Vict. c. 
 
 (2) lb. s. 3 (6, 8). 
 
 (3) 55 & 56 Vict. c. 31, s. 
 
 (4) lb. s. 17. 
 
 1 (2).
 
 I.] Powers and Duties of Parish Councils and Meetings. lot 
 
 pound for any local financial year, or which will involve 56 & 57 Vict. 
 a loan. 0.73,5.11, 
 
 (2.) A parish council shall not, without the approval of 
 the county council, incur any expense or liability which 
 will involve a loan. 
 
 (3.) The sum raised in any local financial year by a 
 parish council for their expenses (other than expenses 
 under the adoptive Acts) shall not exceed a sum equal 
 to a rate of sixpence in the pound on the rateable value 
 of the parish at the commencement of the year, and for 
 the purpose of this enactment the expression " expenses " 
 includes any annual charge, whether of principal or 
 interest, in respect of any loan. 
 
 (4.) Subject to the provisions of this Act, the expenses 
 of a parish council and of a parish meeting, including 
 the expenses of any poll, shall be paid out of the poor 
 rate ; and where there is a parish council that council 
 shall pay the said expenses of the parish meeting of the 
 parish ; and the parish council, and where there is no 
 parish council the chairman of the parish meeting, shall, 
 for the purpose of obtaining payment of such expenses, 
 have the same powers as a board of guardians have for the 
 purpose of obtaining contributions to their common fund. 
 
 (5.) The demand note for any rate levied for defraying 
 the expenses of a parish council or a parish meeting, 
 together with other expenses, shall state in the prescribed 
 form the proportion of the rate levied for the expenses of 
 the council or meeting, and the proportion (if any) levied 
 for the purpose of any of the adoptive Acts. 
 
 Note. Definitions. — The expression " local financial year," 
 by virtue of a definition contained in the Local Government 
 Act, 1888, 1 and applied to the construction of the present Act 
 by sect. 75 (1), means the twelve months ending on the 
 31st March. 
 
 The expression "rateable value" is defined by sect 75 (2) 
 as meaning " the rateable value stated in the valuation list in 
 force, or, if there is no such list, in the last poor rate." 
 
 Definitions of the expressions " expenses " and " liabilities " 
 will be found in the note to sect. 75. 
 
 Expenditure of parish council. — The power of a parish 
 council to spend money, it must not be forgotten, is strictly 
 limited to such purposes as are authorised either expressly 
 or by implication by statute ; 2 and it will be the duty of the 
 district auditor by whom the council's accounts are audited, 
 under sect. 58, to disallow any item of expenditure not so 
 
 (1) 51 & 52 Vict. c. 41, s. 73. 
 
 (2) See the note to sect. 3, ante, p. 13.
 
 102 The Local Governmetit Act, 1894. [Part 
 
 56 & 57 Vict, authorised and to take steps to compel persons responsible for 
 
 c. 73, s. 11, n. suc h expenditure to refund the sum spent. 
 
 The Local Government Board have, however, powers which 
 practically enable them to permit expenditure by parish 
 councils and other local authorities which would not otherwise 
 be justifiable. In the first place, persons aggrieved by the 
 decision of a district auditor may appeal to the Local Govern- 
 ment Board, and upon such an appeal the Board have power 
 to remit a disallowance upon equitable grounds though it may 
 have been lawfully made. 1 Secondly, by the Local Authorities 
 (Expenses) Act, 1887, 2 which incorporates a definition of 
 " local authority " that will include a parish council, it is 
 enacted that " expenses paid by any local authority whose 
 accounts are subject to audit by a district auditor shall not be 
 disallowed by that auditor if they have been sanctioned by the 
 Local Government Board." The Board, it is believed, do 
 not regard this Act as justifying them in permitting expenditure 
 otherwise unauthorised of a recurrent character. 
 
 Expenses of legal proceedings. — A local authority such as a 
 parish council, are, as has been mentioned, 3 to a considerable 
 extent in the position of trustees ; and they have accordingly 
 the ordinary right of trustees to defend their property, rights, 
 powers and privileges, and to defray the costs of the necessary 
 legal proceedings out of their funds. 4 They may on the same 
 principle in proper cases defray out of their funds the expenses 
 of opposing a private bill in Parliament that threatens their • 
 property or rights and powers. 5 
 
 The Borough Funds Act, 1872, 6 authorises, upon certain 
 conditions, any " governing body " to promote or oppose any 
 local and personal bill or bills in Parliament or to prosecute 
 or defend any legal proceedings necessary for the promotion 
 or protection of the interests of the inhabitants of their district, 
 and to defray the costs out of their funds. The expression 
 " governing body " in that Act, however, which is defined as 
 meaning " the council of any municipal borough, the board of 
 health, local board, commissioners, trustees, or other body 
 acting under any general or local Act of Parliament for the 
 management, improvement, cleansing, paving, lighting, and 
 otherwise governing places or districts," 7 appears not to 
 include parish councils. The Act, it should be mentioned, 
 does not take away or diminish any rights or powers possessed 
 by a governing body of a district independently of the Act. 8 
 
 (1) See the note to sect. 58, post. White (18S4), 14 Q. B. D. 358 , 52 
 
 (2) 50 & 51 Vict. c. 72. " L. T. 116 ; 49 J. P. 294 ; S. C. nom. 
 
 (3) See the note to sect. 3, ante. Reg. v. Sibly, 54 L. J. M. C. 23 
 
 (4) Keg. v. Tavnvorth {Mayor 33 W. R. 248. 
 
 &°c.) (1868), 19 L. T. 433; 17 (6) 35 & 36 Vict. c. 91. 
 
 VV. R. 231. (7) /*. s. 1. 
 
 (5) A. G. v. Brecon {Mayor) (8) lb. s. 8; and see A. G. v. 
 (1878), 10 Ch. D. 204; 48 L. J. Brecon, ubi sup. 
 
 Ch. 153 ; 40 L. T. 52 ; Reg. v.
 
 I.] Powers and Duties of Parish Councils and Meetings. 103 
 
 Retrospective rates. — It is well established that in general 56 & 57 Vict, 
 rates ought not to be retrospective, or, in other words, that a c - 73> s - n » n - 
 rate ought to be levied to meet future and not past expenses. 
 It follows from this doctrine that it is not in general lawful, 
 in the absence of statutory authority, to apply the proceeds 
 of a rate towards expenses incurred before the rate was made. 1 
 
 The doctrine is founded upon the ground that " succeeding 
 inhabitants cannot legitimately be made to pay for services of 
 which their predecessors have had the whole benefit." 2 
 
 It seems that the doctrine must be applied with a certain 
 degree of latitude, at all events in the case of expenses that 
 cannot practicably be provided for prospectively, 3 but in the 
 present state of the authorities it is impossible to state its 
 precise limitations. 
 
 Having regard to the doctrine, it will be proper for a parish 
 council from time to time to estimate their probable expenses 
 for an ensuing period and to issue their precepts accordingly, 
 and as far as possible to avoid being obliged to issue a 
 precept for a contribution to meet any expense already 
 incurred. 
 
 Obtaining contributions. — Guardians are empowered to re- 
 quire contributions towards their common fund from the 
 several parishes in their union by the Poor Law Amendment 
 Act, 1834, 4 but that Act gives them no specific powers for the 
 recovery of such contributions. 
 
 By the Poor Rate Act, 1839, 6 however, it is enacted that 
 " in every case in which any contribution by overseers or 
 other officers of any parish of moneys required by the board of 
 guardians or persons acting as guardians for such parish, or for 
 any union which shall include such parish for the performance 
 of their duties, shall be in arrear, it shall be lawful for any two 
 justices acting within the district wherein such parish shall be 
 situate, on application under the hand of the chairman or 
 acting chairman of such board, to summon the said overseer 
 or other officers to shew cause, at a special sessions to be 
 summoned for the purpose, why such contribution has not 
 been paid, and after hearing the complaint preferred under the 
 
 (1) See Woods v. Reed (1837), 48 J. P. 486 ; Jersey {Lord) v ■. Ux- 
 
 2 M. & W. 777 ; 1 Jur. 407 ; bridge (rural sanitary authority) 
 
 Harrison v. Stickney (1848), 2 (1891), 55 J. P. 165. Cf. also 
 
 H. L. C. 108 ; A. G. v. Lichfield Burland v. Kingston-upon-Hull 
 
 (Corporation) (1848), II B. 120 ; 17 (local board) (1862), 3 B. & S. 271 ; 
 
 L. J. Ch. 472 ; Reg. v. Read (1849), 32 L. J. Q. B. 1759 Jur. (N.s.) 
 
 13 Q. B. 524 ; 4 New Sess. Ca. 7 ; 275 ; 7 L. T. 316 ; 11 W. R. 33 ; 
 
 18 L. J. M. C. 164 ; 13 Jur. 789 ; Worthingtonv . Hulton (1865), L.R. 
 
 Jones v. Johnson (1852), 7 Ex. 452 ; I Q. B. 63 ; 35 L. J. Q. B. 61 ; 14 
 
 21 L. J. M. C. 102 ; 16 Jur. 840 ; W. R. 632 ; 13 L. T. 463. 
 Waddington v. London (Guardians) (2) Per Lord Abinger, C.B., in 
 
 (1858), E. B. & E. 370; 28 L. J. Woods v. Reed, ubi sup. 
 M. C. 115; 5 Jur. (n.s.) 242; (3) See Reg. v. Read; Jones v. 
 
 7 W. R. 93 ; A. G. v. Church (1864), Johnson, ubi sup. 
 2 Hem. & M. 697 ; 4 N. R. 89 ; (4) 4 & 5 Will. IV. c. 76, s. 28. 
 
 Reg. v. Bedlington (overseers) (1884), (5) 2 & 3 Vict. c. 84, s. 1.
 
 io4 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, authority of such chairman or acting chairman, and on behalf 
 c. 73, s. ii f n. of such board, if the justices at such sessions shall think fit, by- 
 warrant under their hands and seals to cause the amount of the 
 contribution so in arrear, together with the costs occasioned by- 
 such arrear, to be levied and recovered from the said overseers 
 or other officers, or any of them, in like manner as moneys 
 assessed for the relief of the poor may be levied and recovered, 
 and the amount of such arrear, together with the costs as 
 aforesaid, when levied and recovered, to be paid to the said 
 board : provided always, that no distress made under any such 
 warrant of justices shall be replevisible." 
 
 And by the Poor Law Amendment Act, 1849, 1 it is further 
 enacted that " where the guardians of any union or parish 
 shall make any order for the payment of money upon overseers 
 or other officers of any parish upon whom they are empowered 
 by law to make it, and a copy of such order shall be served 
 upon any one of such overseers or other officers, it shall be 
 lawful for the said guardians to enforce such order against the 
 person so served as fully and as effectually as if a copy 
 thereof had been also served upon every one of such overseers 
 or other officers." 
 
 Under these enactments the justices are bound to grant a 
 distress warrant for the recovery of contributions unless there 
 is some legal reason why such contributions should not be 
 paid : and where justices refused to grant a distress warrant 
 for the recovery of a contribution required from a parish on 
 the ground that there were no paupers in the parish, a man- 
 damus was granted to compel the justices to grant the warrant. 2 
 Expenses under the adoptive Acts. By sect. 7 (6) it is 
 provided that the present Act shall not alter the incidence of 
 charge of any rate levied to defray expenses incurred under 
 any of the adoptive Acts, and that any such rate shall be 
 made and charged as heretofore. 
 
 Borrowing 
 by parish 
 council. 
 
 Sect. 12. — (1.) A parish council for any of the following 
 purposes, that is to say — 
 
 (a) for purchasing any land, or building any buildings, 
 
 which the council are authorised to purchase or 
 build ; and 
 
 (b) for any purpose for which the council are authorised 
 
 to borrow under any of the adoptive Acts ; and 
 
 (c) for any permanent work or other thing which the 
 
 council are authorised to execute or do, and the 
 cost of which ought, in the opinion of the county 
 council and the Local Government Board, to be 
 spread over a term of years ; 
 
 (1) 12 & 13 Vict. c. 103, s. 7. 
 
 (2) Reg. v. Boteler (1864), 33 
 L. J. M. C. 101 ; 10 Jur. (n.s.) 
 
 798 j 12 W. R. 466; S. C. nom. 
 Ex parte Bridgend and Cowbridge 
 (guardians), 9 L. T. 720.
 
 I.] Poivers and Duties of Parish Councils and Meetings. 105 
 
 may, with the consent of the county council and the 56 & 57 Vict. 
 Local Government Board, borrow money in like manner c> 73, s ' I2 ' 
 and subject to the like conditions as a local authority 
 may borrow for defraying expenses incurred in the execu- 
 tion of the Public Health Acts, and sections two hundred 
 and thirty-three, two hundred and thirty-four, and two 
 hundred and thirty-six to two hundred and thirty-nine 
 of the Public Health Act, 1875, shall apply accordingly, 38 & 39 Vict, 
 except that the money shall be borrowed on the security c - 55 - 
 of the poor rate and of the whole or part of the revenues 
 of the parish council, and except that as respects the 
 limit of the sum to be borrowed, one half of the assessable 
 value shall be substituted for the assessable value for 
 two years. 
 
 (2) A county council may lend to a parish council any 
 money which the parish council are authorised to borrow, 
 and may, if necessary, without the sanction of the Local 
 Government Board, and irrespectively of any limit of 
 borrowing, raise the money by loan, subject to the like 
 conditions and in the like manner as any other loan for 
 the execution of their duties, and subject to any further 
 conditions which the Local Government Board may by 
 general or special order impose. 
 
 (3.) A parish council shall not borrow for the purposes 
 of any of the adoptive Acts otherwise than in accordance 
 with this Act, but the charge for the purpose of any of 
 the adoptive Acts shall ultimately be on the rate applic- 
 able to the purposes of that Act. 
 
 Note. Unauthorised borrowing. — A local authority such as 
 a parish council have no power to borrow except under 
 express statutory authority ; 1 and it has been decided that an 
 overdraft by a local authority on a bank is in effect a loan by 
 the bank to the authority. 2 
 
 Provisions of the Public Health Act, 1875. — The sections of 
 this Act 3 referred to in the present section, with the omission 
 of some provisions that appear inapplicable in the case of a 
 loan to a parish council, are as follows : — • 
 
 Sect. 233. "Any local authority may, with the sanction of 
 the Local Government Board, for the purpose of defraying any 
 costs charges and expenses incurred or to be incurred by 
 
 (1) See Reg. v. Reed (1880), 5 of Ultra Vires." 
 
 Q. B. D. 483 ; 49 L. J. Q. B. 600 ; (2) Reg. v. Reed, ubisup. ; see also 
 
 42 L. T. 835 ; 28 W. R. 787 ; 44 Brooks &> Co. v. Blackburn Benefit 
 
 J. P. 633. As to the respective Building Society (1884), 9 App. Ca. 
 
 rights of the parties in the case of 857 ; 54 L. J. Ch. 376 ; 52 L. T. 
 
 an unauthorised loan to such a body 225 ; 33 W. R. 309. 
 
 as a parish council, reference may (3) 38 & 39 Vict. c. 55. ss. 233, 
 
 be made to Brice on the " Doctrine 234, 236-239.
 
 106 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, them in the execution of the Sanitary Acts or of this Act, or 
 
 c. 73, s. 12, n. f or tne purpose of discharging any loans contracted under the 
 
 Sanitary Acts or this Act, borrow or re-borrow, and take up at 
 
 interest, any sums of money necessary for defraying any such 
 
 costs charges and expenses, or for discharging any such loans 
 
 as aforesaid. 
 
 * * * * * 1 
 
 Sect. 234. "The exercise of the powers of borrowing con- 
 ferred by this Act shall be subject to the following regulations; 
 (namely,) 
 
 "(1.) Money shall not be borrowed except for permanent 
 works (including under this expression any works of 
 which the cost ought in the opinion of the Local 
 Government Board to be spread over a term of 
 years) : 
 "(2.) The sum borrowed shall not at anytime exceed, with 
 the balances of all the outstanding loans contracted 
 by the local authority under the Sanitary Acts and 
 this Act, in the whole the assessable value for two 
 years of the premises assessable within the district in 
 respect of which such money may be borrowed : 
 
 II /. u * * * * 
 
 " (4.) The money may be borrowed for such time, not ex- 
 ceeding sixty years, as the local authority, with the 
 sanction of the Local Government Board, determine 
 in each case ; and, subject as aforesaid, the local 
 authority shall either pay off the moneys so borrowed 
 by equal annual intalments of principal or of prin- 
 cipal and interest, or they shall in every year set apart 
 as a sinking fund, and accumulate in the way of 
 compound interest by investing the same in the 
 purchase of Exchequer Bills or other Government 
 securities, such sum as will with accumulations in the 
 way of compound interest be sufficient, after payment 
 of all expenses, to pay off the moneys so borrowed 
 within the period sanctioned : 
 
 " (5.) A local authority may at any time apply the whole or 
 any part of a sinking fund set apart under this Act 
 in or towards the discharge of the moneys for the 
 repayment of which the fund has been established : 
 Provided that they pay into the fund in each year and 
 accumulate until the whole of the moneys borrowed 
 are discharged, a sum equivalent to the interest which 
 would have been produced by the sinking fund or the 
 part of the sinking fund so applied : 
 
 (1) The omitted portion of the (2) Sub-sect. (3) relates to cases 
 
 section empowers urban and rural in which the debt of an authority 
 
 sanitary authorities respectively, to would exceed the assessable value 
 
 mortgage certain specified funds for one year of the assessable 
 
 and rates to the persons advancing premises in the district, 
 the money.
 
 I.] Powers and Duties of Parish Councils and Meetings. 107 
 
 " (6.) Where money is borrowed for the purpose of dis- 56 & 57 Vict, 
 charging a previous loan, the time for repayment of c- 73» s - 12 » n - 
 the money so borrowed shall not extend beyond the 
 unexpired portion of the period for which the 
 original loan was sanctioned, unless with the sanction 
 of the Local Government Board, and shall in no case 
 be extended beyond the period of sixty years from 
 the date of the original loan. 
 " Where any urban authority borrow any money for the pur- 
 pose of defraying private improvement expenses, or expenses 
 in respect of which they have determined a part only of the 
 district to be liable, it shall be the duty of such authority, 
 as between the ratepayers of the district, to make good, so far 
 as they can, the money so borrowed, as occasion requires, 
 either out of private improvement rates, or out of a rate levied 
 in such part of the district as aforesaid." 
 
 Sect. 236. " Every mortgage authorised to be made under 
 this Act shall be by deed, truly stating the date consideration 
 and the time and place of payment, and shall be sealed with 
 the common seal of the local authority, and may be made 
 according to the form contained in schedule IV. to this Act, or 
 to the like effect." 
 
 Sect. 237. " There shall be kept at the office of the local 
 authority a register of the mortgages on each rate, and within 
 fourteen days after the date of any mortgage an entry shall be 
 made in the register of the number and date thereof, and of 
 the names and description of the parties thereto, as stated in 
 the deed. Every such register shall be open to public 
 inspection during office hours at the said office, without fee or 
 reward ; and any clerk or other person having the custody of 
 the same, refusing to allow such inspection, shall be liable to a 
 penalty not exceeding five pounds." 
 
 Sect. 238. "Any mortgagee or other person entitled to any 
 mortgage under this Act may transfer his estate and interest 
 therein to any other person by deed duly stamped, truly stating 
 its date and the consideration for the transfer ; and such trans- 
 fers may be according to the form contained in schedule IV. 
 to this Act, or to the like effect. 
 
 " There shall be kept at the office of the local authority a 
 register of the transfers of mortgage charged on each rate, and 
 within thirty days after the date of such deed of transfer, if 
 executed within the United Kingdom, or within thirty days 
 after its arrival in the United Kingdom, if executed elsewhere, 
 the same shall be produced to the clerk of the local authority, 
 who shall, on payment of a sum not exceeding five shillings, 
 cause an entry to be made in such register of its date, and of 
 the names and description of the parties thereto, as stated in 
 the transfer ; and until such entry is made the local authority 
 shall not be in any manner responsible to the transferee. 
 
 " On the registration of any transfer the transferee his 
 executors or administrators shall be entitled to the full benefit
 
 108 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, of the original mortgage and the principal and interest secured 
 c. 73, s. 12, n. thereby ; and any transferee may in like manner transfer his 
 estate and interest in any such mortgage ; and no person 
 except the last transferee his executors or administrators shall 
 be entitled to release or discharge any such mortgage or any 
 money secured thereby. 
 
 "If the clerk of the local authority wilfully neglects or 
 refuses to make in the register any entry by this section 
 required to be made, he shall be liable to a penalty not ex- 
 ceeding twenty pounds." 
 
 Sect. 239. " If at the expiration of six months from the time 
 when any principal money or interest has become due on any 
 mortgage of rates made under this Act, and after demand in 
 writing, the same is not paid, the mortgagee or other person 
 entitled thereto may, without prejudice to any other mode of 
 recovery, apply for the appointment of a receiver to a court of 
 summary jurisdiction ; and such court may, after hearing the 
 parties, appoint in writing under their hands and seals some 
 person to collect and receive the whole or a competent part 
 of the rates liable to the payment of the principal or interest in 
 respect of which the application is made, until such principal 
 or interest, or both, as the case may be, together with the costs 
 of the application and of collection, are fully paid. 
 
 " On such appointment being made all such rates, or such 
 competent part thereof as aforesaid, shall be paid to the person 
 appointed, and when so paid shall be so much money received 
 by or to the use of the mortgagee or mortgagees of such rates, 
 and shall be rateably apportioned between them : 
 
 " Provided that no such application shall be entertained 
 unless the sum or sums due and owing to the applicant amount 
 to one thousand pounds, or unless a joint application is made 
 by two or more mortgagees or other persons to whom there 
 may be due, after such lapse of time and demand as last afore- 
 said, moneys collectively amounting to that sum." 
 
 The forms referred to in sects. 236 and 238 respectively, 
 which will require certain obvious modifications to fit them to 
 the case of a loan to a parish council, are as follows : — 
 
 Form of mortgage of rates. — "By virtue of the Public Health 
 Act, 1875, we the being the local authority under 
 
 that Act for the district of in consideration of the 
 
 sum of paid to the treasurer of the said district by 
 
 A.B. of for the purposes of the said Act, do grant 
 
 and assign unto the said A.B., his executors, administrators, 
 and assigns, such proportion of the rates arising or accruing by 
 virtue of the said Act from [the rates mortgaged} as the said 
 sum of doth or shall bear to the whole sum which 
 
 is or shall be borrowed on the credit of the said rates, to hold 
 to the said A.B., his executors, administrators, and assigns, 
 from the day of the date hereof until the said sum of 
 with interest at the rate of per centum per annum for 
 
 the same, shall be fully paid and satisfied : and it is hereby
 
 I.] Powers and Duties of Parish Cowicils and Meetings. 109 
 
 declared, that the said principal sum shall be repaid on 56 & 57 Vict, 
 the day of at [place of 'payment]. Dated this c - 73. s > I2 > n « 
 
 day of one thousand eight hundred and . [To be 
 
 sealed with tlic common seal of the local authority '.] " 
 
 Form of transfer of mortgage. — "I A.B. of , in 
 
 consideration of the sum of paid to me by CD. of _ , 
 
 do hereby transfer to the said CD., his executors, adminis- 
 trators, and assigns, a certain mortgage, bearing date the 
 day of and made by the local authority under the 
 
 Public Health Act, 1875, for the district of for securing 
 
 the sum of and interest thereon at per centum 
 
 per annum [or if such tra?isfer be by endorsement on the 
 mortgage, insert, instead of the words immediately following the 
 word 'assigns,' the within security], and all my right estate 
 and interest in and to the money thereby secured, and in and 
 to the rates thereby assigned. In witness whereof I have 
 hereunto set my hand and seal this day of one 
 
 thousand eight hundred and 
 
 " A.B. (l.s.)" 
 
 Loans under tJie Local Loans Act, 1875. — This Act, 1 which is 
 amended by the Local Loans Sinking Funds Act, 1 885,2 in 
 one particular, does not itself confer any borrowing powers 
 upon local authorities ; but any local authority, notwithstanding 
 any provision in any prior Act, may borrow any loan they are 
 authorised to borrow in accordance with its provisions. 3 
 
 The expression " local authority " is denned in the Act in 
 terms that include local authorities under the Public Health 
 Act, 1875, and parish councils. 4 It seems clear, therefore, 
 though the Act is not specifically mentioned in the present 
 section, that parish councils will be able to borrow in accord- 
 ance with its provisions. 
 
 A local authority borrowing under the Local Loans Act, 
 1875, may borrow by means of debentures, 5 annuity certifi- 
 cates, 6 or, where the Act authorising the loan so provides, 
 debenture-stock. 7 As neither the Public Health Act, 1875, nor 
 the present Act authorises the issue of debenture-stock, a parish 
 council will not be able to borrow by means of such stock. 
 
 Loans from the Public Works Loan Commissioners. — It has 
 long been the practice for Parliament to provide money to be 
 advanced in loans to various public bodies and local authorities. 
 Such loans are now made under the Public Works Loans Act, 
 1875, 8 and the numerous amending Acts, by the Public Works 
 Loan Commissioners, at whose disposal funds for the purpose 
 are annually placed by Act of Parliament. 
 
 The Public Works Loan Commissioners are given no general 
 power to advance money to parish councils, but they have 
 
 (1) 38 & 39 Vict. c. 83. (S) lb. ss. 4, 5. 
 
 (2) 48 & 49 Vict. c. 30. (6) lb. ss. 4, 7. 
 
 (3) 38 & 39 Vict. c. 83. s. 31. (7) lb. ss. 4, 6. 
 
 (4) lb. s. 34. (8) 38 & 39 Vict. c. 89.
 
 no The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, power to advance money for the purposes of certain of the 
 c. 73, s. 12, n. Adoptive Acts, namely the Baths and Washhouses Acts, the 
 Burial Acts, and the Libraries Act, 1 and they will therefore be 
 able to advance money to parish councils acting in the execu- 
 tion of any of these Acts. 
 
 • Loans for purposes of the adoptive Acts. — Having regard to 
 the express provisions in sub-clause (b) of sub-sect. (1) it seems 
 very doubtful whether sub-clauses (a) and (c) of that sub- 
 section could be relied on as authorising a parish council to 
 borrow for any purpose of any of the adoptive Acts, other than 
 a purpose, if any, for which the borrowing of money is 
 authorised by the particular Act or group of Acts in question. 
 For example, it is very doubtful whether a parish council acting 
 in the execution of the Lighting and Watching Act, 1833, 2 
 which does not authorise the borrowing of money, could borrow 
 for any of the purposes of that Act. 
 
 The borrowing of money is authorised by the Baths and 
 Washhouses Acts, 3 the Burial Acts, 4 and the Public Libraries 
 Act, 5 but not by the Lighting and Watching Act, 1833, 6 or the 
 Public Improvement Act, i860. 7 
 
 As to the adoptive Acts generally, see sect. 7, and the note 
 to that section, ante. 
 
 Footpaths Sect. 13. — (1.) The consent of the parish council and 
 
 and roads. f the district council shall be required for the stopping, 
 in whole or in part, or diversion, of a public right of way 
 within a rural parish, and the consent of the parish 
 council shall be required for a declaration that a highway 
 in a rural parish is unnecessary for public use and not 
 repairable at the public expense, and the parish council 
 shall give public notice of a resolution to give any such 
 consent, and the resolution shall not operate — 
 
 (a) unless it is confirmed by the parish council at a 
 
 meeting held not less than two months after the 
 public notice is given ; nor 
 
 (b) if a parish meeting held before the confirmation 
 
 resolve that the consent ought not to be given. 
 (2) A parish council may, subject to the provisions of 
 this Act with respect to restrictions on expenditure, 
 undertake the repair and maintenance of all or any of 
 the public footpaths within their parish, not being foot- 
 paths at the side of a public road, but this power shall 
 not nor shall the exercise thereof relieve any other 
 authority or person from any liability with respect to 
 such repair or maintenance. 
 
 (1) 38 & 39 Vict. c. 89, s. 9 ; and (4) See ante, p. 77. 
 see the note to sect. 7, ante. (5) See ante, p. 82. 
 
 (2) 3 & 4 Will. IV., c. 90. (6) 3 & 4 Will. IV., c. 90. 
 
 (3) See ante, p. 68. (7) 23 & 24 Vict. c. 30.
 
 L] Powers and Duties of Parish Councils and Meetings. in 
 
 Note. Highways and public rights of way. — In a parish not 56 & 57 Vict, 
 having a separate parish council the provisions of the present c - 73. s - J 3> n - 
 section as to the stopping or diversion of a public right of way or 
 the declaring of a highway to be unnecessary and not repairable 
 at the public expense, will, by sect. 19, subject if the parish 
 is grouped to the provisions of the grouping order, apply with 
 the substitution of the parish meeting for the parish council. 
 
 Parish councils and meetings will have certain functions 
 relating to highways besides those mentioned in the present 
 section. Most of such functions will, however, be of a 
 temporary character and will attach in certain cases only. It 
 will be convenient in the present note, besides making observa- 
 tions bearing directly on the subject-matter of the section, to 
 discuss the functions of parish councils and parish meetings as 
 to highways generally. It seems proper, also, in order to render 
 the subject intelligible, to premise a brief general sketch of 
 certain branches of the law relating to highways. 1 
 
 Meaning of expressions " highway " and "public right of way. 
 — The term "highway" is the term properly applicable to 
 every kind of road or path along which the public are entitled 
 to pass. The expression " public right of way" may be aptly 
 used to indicate the right the public have to pass along a 
 highway ; it is also sometimes loosely used as equivalent in 
 meaning to highway, more especially in the case of a highway 
 that is not a formed road or path. 
 
 Creation of highways. — An owner of land may dedicate a 
 road or path over his land to the public as a highway ; and, 
 although highways are sometimes created by or in pursuance of 
 an Act of Parliament, they usually have their origin in such a 
 dedication, either actual or presumed. No formality is re- 
 quisite to render the dedication of a highway effective. All 
 that is necessary is that the owner should, with the intention of 
 dedicating the way in question, allow the public to pass along 
 it, 2 and also apparently that the public should thereupon make 
 use of the way as a highway. 3 Though in theory the question 
 whether a way has been dedicated as a highway depends upon 
 the owner's intention, 4 the fact that an owner, being in a 
 position to protect his land against trespassers, has permitted 
 the public to pass along a way over his land for some time 
 without interference, is evidence from which an intention on 
 his part to dedicate the way may be presumed, 5 so that, 
 
 (1) For full information as to the 29 L. T. 244 ; 21 W. R. 789. 
 
 law on the subject, reference may (4) See per Parke B., in Poole v. 
 
 be made to Glen's "Law relating Huskinson (1843), II M. & W. 
 
 to Highways." 827, at p. 830. 
 
 (2) Jarvis v. Dean (1S26), 3 (5) Rex v. Lloyd (1808), 1 Camp. 
 Bing. 447; Poole v. Huskinson 260 ; Jarviss. Dean (1826), 3Bing. 
 (1843), 11 M. & W. 827; Eyre v. 447; British Museum (trustees) v. 
 New Forest (highway board) (1892), Finnis (1833), 5 C. & P. 460 ; 
 56 J. P. 517. Eyre v. New Forest (highway 
 
 (3) Cubitt v. Maxse (1873), L. R. board) (1892), 56 J. P. 517. 
 8 C. P. 704 ; 42 L. J. C. P. 278 ;
 
 H2 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, practically, highways often become dedicated without any 
 c 73, s. 13, n. deliberate intention on the landowner's part. 
 
 Repair of highways. — All highways which have existed from 
 time immemorial, or which were dedicated to and used by the 
 public prior to the passing of the Highway Act, 1835, 1 are 
 prima facie repairable at public expense, 2 though in particular 
 instances corporations or individuals may be liable for the 
 repair of such a highway. 3 
 
 Since the passing of the Highway Act, 1835, 4 a formal 
 adoption of the highway under that Act, 5 or under some 
 similar enactment has been, and is, in almost all cases, necessary 
 in order to cast the burden of repairing a new highway on the 
 public. 6 There are, however, exceptional cases in which a 
 highway dedicated since the passing of the Highway Act, 1835, 
 may become repairable at the public expense without formal 
 adoption : e.g., where a new highway is made by a highway 
 authority under statutory powers, 7 or where a road made 
 under a temporary turnpike Act remains open after the expiry 
 of the Act. 8 
 
 Highway areas and authorities. — At common law the in- 
 habitants of every parish in the ancient ecclesiastical sense of 
 the term are prima facie bound to maintain the highways in 
 the parish, 9 but by custom this liability may fall on some other 
 area, such as a township. 10 The machinery by which the 
 liability of the inhabitants of parishes and other areas to repair 
 highways is discharged, is provided by a series of modern 
 statutes, which may here be briefly referred to. 
 
 The first of the general Acts now in force dealing with the 
 repair and management of highways, the Highway Act, 183s, 11 
 provides for the appointment in every parish or other area 
 liable at common law for the maintenance of its highways, of a 
 surveyor or surveyors to manage the highways in the parish or 
 other area. 12 
 
 The Highway Act, 1862, 13 and the Highway Act, 1864, 14 
 
 (1) 5 & 6 Will. IV. c. 50. & B. 399 ; 3 Jur. (N.S.) 713 ; 
 
 (2) See Reg. v. Lordsmere (in- 5 W. R. 321. 
 
 habitants) (1850), 15 Q. B. 689; (9) 1 Hawk P. C. c. 76, s. 5 ; Rex. 
 
 19 L. J. M. C. 215 ; 15 Jur. 82 ; v. Great Broughton (inhabitants) 
 
 4 New Sess. Ca. 205. (1770, 5 Burr. 2700 ; Rex v. 
 
 (3) As to the liability of in- Sheffield (inhabitants) (1787), 2T.R. 
 dividuals and corporations for the 106 ; Reg. v. Midville (inhabitants) 
 repair of highways, see Glen's (1843), 4 Q- B. 240 ; 3 G. & D. 
 Highways, Bk. I., Ch. iv. §§ 4-6. 522. 
 
 (4) K & 6 Will. IV. c. 50. (10) Reg. v. Ardsley (inhabitants) 
 
 (5) lb. s. 23. (1878), 3 Q- B. D. 255 ; 47 L. J. 
 
 (6) See Re*, v. Dukinfield (in- M. C. 65 ; 38 L. T. 71 ; 26 W. R. 
 habitants) (1863), 4 B. & S. 158; 405. 
 
 32 L. J. M. C. 230. (11) 5 & 6 Will. IV. c. 50. 
 
 (7) Kingston-upon-Hull (local (12) lb. ss. 5-12. ; and see post, 
 board) v. Jones (1856), I H. & N. pp. 117, 118. 
 
 489 ; 26 L. J. Ex. 33 ; 2 Jur. (N.S.) (13) 25 & 26 Vict. c. 61. 
 1 193 ; 5 W. R. 161. (14) 27 & 28 Vict. c. 101. 
 
 (8) Reg. v. Thomas (1857), 7 E.
 
 I.] Powers and Duties of Parish Councils and Meetings. 113 
 
 provide for the grouping of parishes and places maintaining 56 & $7 Vict. 
 
 their own highways into " highway districts," each under the c - 73> s - *3> n - 
 
 management of a " highway board " consisting of waywardens 
 
 representing the several parishes and places in the district, and 
 
 of certain ex officio members. The Acts, moreover, enable 
 
 areas not liable for the repair of their highways at common 
 
 law to be included in certain cases in a highway district with 
 
 separate representatives on the highway board. 1 In a highway 
 
 district the functions of the surveyor under the Act of 1835 
 
 are discharged by the highway board ; and in such a district, 
 
 though certain sections of that Act are expressly declared to 
 
 be inapplicable and others are impliedly superseded by the 
 
 provisions of the Highway Acts 1862 and 1864, most of the 
 
 provisions of the Act of 1835 apply accordingly with the 
 
 substitution of the highway board for the surveyor. 2 
 
 The expression "highway parish" is commonly used to 
 include parishes and other places maintaining their own 
 highways under the Highway Act, 1835, 3 and also, in a 
 highway district, any parish or place separately represented on 
 the highway board. 
 
 Under the Public Health Act, 187 5, 4 the sanitary authority 
 of every urban sanitary district are the highway authority for 
 their district, and in certain cases where a parish is situate 
 partly within and partly without their district, their jurisdiction 
 in this respect extends to the excluded part of the parish. 5 
 
 Before referring to the next important Highway Act, it 
 should be observed that it was formerly, under a system that 
 reached its height between i860 and 1870, customary to 
 constitute important highways turnpike roads, placing their 
 repair and management in the hands of bodies of turnpike 
 trustees. Since 1870, however, steps have been taken to wind 
 up turnpike trusts, and there are now only some 20 miles of 
 turnpike road in the country. 
 
 The Highways and Locomotives Amendment Act, 1878, 6 
 provides that highway districts shall so far as may be found 
 practicable, be so formed as to be coincident in area with, or 
 wholly contained in, rural sanitary districts ; and enables the 
 rural sanitary authority, where a highway district is coincident 
 in area with the district of such authority, to be constituted the 
 highway authority for the same. 7 The Act further provides 
 that every turnpike road disturnpiked after the 31st December, 
 1870, whether before or after the passing of the Act, is to be a 
 " main road " ; enables other roads to be declared main roads ; 
 and provides for the dismaining of roads if it is found desirable, 
 that is to say for the reduction of a main road to the status of 
 
 (1) See Reg. v. Central Wingland (3) 5 & 6 Will. IV. c. 50. 
 {inhabitants) (1877), 2 Q. B. D. (4) 38 & 39 Vict. c. 55, ss. 144- 
 349 ; 46 L. J. M. C. 282 ; 36 148. 
 
 L. T. 798 ; 25 W. R. 876. (5) lb. s. 216. 
 
 (2) See the Highway Act, 1862 (6) 41 & 42 Vict. c. 77. 
 (25 and 26 Vict. c. 61), ss. 17, 42. (7) lb. ss. 3, 4. 
 
 I
 
 H4 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, an ordinary highway. 1 Under the Act, a portion of the ex- 
 c - 73> s - 1 3> n - pense of maintaining a main road was to fall on the county, or 
 in certain instances, under a provision inserted with reference 
 to Lancashire, on the hundred. 
 
 The Local Government Act, 1888, 2 transferred the main- 
 tenance of main roads in each county to the county council ; 
 subject to a provision, which has been very largely acted upon, 
 enabling an urban sanitary authority to retain main roads in 
 their district, in which case they receive a contribution towards 
 the maintenance of such roads from the county council. 
 
 In six counties of South Wales — Glamorgan, Brecknock, 
 Radnor, Carmarthen, Cardigan and Pembroke — though the 
 main roads are, under the Local Government Act, 1888, 3 
 maintained by the county councils under the general law, the 
 other highways are maintained by highway boards of a special 
 character, each acting for a highway district under the South 
 Wales Highways Act, i860, and the South Wales Highway 
 Act Amendment Act, 1878. 4 
 
 In the Isle of Wight the highways are at present managed by 
 a body of commissioners under the Isle of Wight Highway Acts, 
 1 813 and 1883, 5 as amended by the Local Government Act, 
 1888, 6 and the Local Government Board's Provisional Order 
 Confirmation (No. 2) Act, 1889. 7 
 
 The following, therefore, are the highway areas with their 
 respective highway authorities at present in existence: 8 — 
 
 (i.) Highway parishes under surveyors appointed in pursuance 
 of the Highway Act, 1835. 
 
 (ii.) Highway districts under highway boards elected in 
 pursuance of the Highway Acts, 1862 and 1864. 
 
 (iii.) Rural sanitary districts where the sanitary authority act 
 as highway board. 
 
 (iv.) Urban sanitary districts, in all of which the sanitary 
 authority are the highway authority. 
 
 (v.) Highway districts in South Wales under highway boards 
 established under the Acts relating to South Wales. 
 
 Whether the Isle of Wight Highway Commissioners are a 
 highway authority within the meaning of the present Act seems 
 doubtful. 
 
 In addition to the highway authorities above mentioned, the 
 county councils, it must be remembered, act as highway 
 authorities as regards main roads. 
 
 Transfer of functions of highway authorities to rural district 
 
 (1) 41 & 42 Vict. c. 77, s. 13-17. (7) 52 & 53 Vict c. clxxvii ; see 
 
 (2) 51 & 52 Vict. c. 41, s. 11. schedule, Art. xxi. 
 
 (3) lb. s. 13. (8) See the definitions of the ex- 
 
 (4) 23 & 24 Vict. c. 68 ; 41 & pressions "highway area" and 
 42 Vict. c. 34; and see the Local " highway authority " in the Local 
 Government Act, 1888 (51 & 52 Government Act, 1888 ($1 & 52 
 Vict. c. 41), s. 13. Vict. c. 41), s. 100, rendered applic- 
 
 (5) 53 Geo. III. c. xcii. ; 46 & able to the present Act by sect. 
 47 Vict. c. ccxxvi. 75 {2), post, and quoted in the note 
 
 (6) 51 & 52 Vict. c. 41, s. 12. to that section.
 
 I.] Powers and Duties of Parish Councils and Meetings. 115 
 
 councils.— By sub-sect. (1) of sect. 25, the powers, duties, and 56 & 57 Vict 
 
 liabilities of every highway authority in a rural district are, as c - 73. s - I 3. n - 
 
 from the appointed day, transferred to the rural district 
 
 council, and it is provided that rural district councils shall be 
 
 the successors of the highway authority, and shall also have as 
 
 respects highways, certain powers, duties, and liabilities of an 
 
 urban sanitary authority. But the county council of any 
 
 county are empowered to postpone the operation of the section 
 
 as regards highways, within their county or any part thereof, 
 
 for a term not exceeding three years from the appointed day, 
 
 or such further period as the Local Government Board may on 
 
 the application of such council allow. 
 
 Cases where an urban sanitary authority act as highway 
 authority in respect of part of a parish without their district are 
 provided for by sub-sect. (4) of that section. 
 
 The present Act does not directly affect the powers or duties 
 of county councils as to main roads, nor the powers and duties of 
 an urban sanitary authority as to highways within their district. 
 
 Powers, &>c, of parish council as to highways. — The powers 
 of a parish council in connection with the matters mentioned 
 in the present section are further referred to, post, pp. 120-125. 
 
 Under sects. 16 and 19, (8), post, a parish council or parish 
 meeting, as the case may be, are empowered, where they con- 
 sider that a rural district council have failed properly to 
 maintain any highway, to complain to the county council, who 
 may thereupon proceed in the matter in the manner provided 
 by sect. 16. Sect. 26, post, which makes it the duty of a 
 district council to protect public rights of way and to resist 
 unlawful encroachments on roadside wastes, contains pro- 
 visions under which, if a district council make default in the 
 discharge of the duties imposed on them by that section on the 
 representation of a parish council, the parish council may 
 petition the county council who may thereupon transfer the 
 powers and duties of the district council under the section to 
 themselves. The like power of complaint is, subject if the 
 parish is grouped to the provisions of the grouping order, given 
 to the parish meeting of a parish not having a separate parish 
 council, by sect. 19 (8). 
 
 It has been mentioned that, at common law, the liability for 
 the repair of a highway repairable at public expense is in 
 general upon the inhabitants at large of the parish or other 
 area in which the highway is situate. The circumstance that 
 by statute a highway authority has been established charged 
 with the duty of repairing the highways in any area, does not 
 extinguish the common law liability of the inhabitants of the 
 area in this respect ; x and, if a highway in the area that is 
 
 (1) Rex v. St. Georgis Hanover M. C. 131 ; 57 L- T. 485 ; 36 W. R. 
 
 Square {inhabitants) (1812), 3 Camp. 239; 52 J. P. 84; 16 Cox C. C, 
 
 222. Cf., Reg. v. Poole {mayor), 323. 
 19 Q. B. D. 602, 683; 56 L. J. 
 
 I 2
 
 n6 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, repairable at public expense is not kept in due repair, the 
 c. 73, s. 13, n. inhabitants of the area may be indicted accordingly. At the 
 present time, however, recourse is practically had to such an 
 indictment only where questions arise as to whether a particular 
 highway is or is not repairable at public expense and in like 
 cases. Under the present Act, by virtue of the definition ol 
 the expression "vestry," contained in sect. 75 (2), it seems 
 that where a rural parish is an area liable to maintain its own 
 highways at common law, this common law liability of the in- 
 habitants is transferred to the parish council under sect. 6 (1, a), 
 or, if the parish has not a separate parish council, then, subject 
 if the parish is grouped to the terms of the grouping order, to 
 the parish meeting under sect. 19. The common law liability 
 of the inhabitants of an area other than a rural parish to repair 
 the highways in the area is however unaffected by the Act. 
 
 In rural districts important functions in connection with 
 highways attach to the vestry of each highway parish. 
 Where the functions of a highway authority are transferred to 
 a rural district council by sect. 25, these functions, so far as they 
 are not altogether extinguished, will vest in that council under 
 the provisions of the Public Health Act, 1875, 1 applied to a 
 rural district council by that section. Where, however, the 
 operation of that section is postponed, the functions of the 
 vestry of a highway parish, if the highway parish is a rural 
 parish within the meaning of the present Act, will, during the 
 postponement attach to the parish council by sect. 6 (1, a), 
 or, if the parish has not a separate parish council, then, subject 
 if the parish is grouped to the provisions of the grouping order, 
 to the parish meeting under sect. 19. 
 
 The functions of the vestry of a highway parish that is not 
 co-extensive with a rural parish will, where the operation 
 of sect. 25 is postponed, continue to be exercised as here- 
 tofore. 
 
 It seems proper, since such functions may for a time attach 
 to a parish council or parish meeting, to refer briefly to the 
 more important powers and duties of a vestry in relation to 
 highways. These powers and duties are for the most part 
 conferred and imposed on the vestry by the Highway Act, 
 1835, 2 most of the provisions of which apply, as has been seen, 
 not only in highway parishes separately maintaining their own 
 highways under a surveyor or surveyors appointed under that 
 Act, but also within highway districts formed under the High- 
 way Acts, 1862 and 1864, where the functions of the surveyor 
 under the earlier Act are discharged by the highway board. 3 
 As regards the meaning of the expression "vestry" in the 
 Highway Act, 1835, it is provided 4 that wherever anything in 
 that Act " is prescribed to be done by the inhabitants of any 
 
 (1) 38 & 39 Vict. c. 55, s. 144, (3) See the Highway Act, 1862 
 and see ss. 145-148. (25 & 26 Vict. c. 61), ss. 17, 42. 
 
 (2) 5 & 6 Will. IV. c. 50. (4) 5 & 6 Will. IV. c. 50, s. 5.
 
 I.] Powers and Duties of Parish Councils and Meetings. 117 
 
 parish in vestry assembled, the same shall be construed to 56 & 57 Vict, 
 extend to any meeting of inhabitants contributing to the high- c - 73. s - ! 3- n, 
 way rates in places where there shall be no vestry meeting." 
 In a highway parish that is also a poor law parish the expression 
 vestry appears to be used in the Act in its ordinary meaning. 
 
 Appointment of surveyor. — In a highway parish separately 
 maintaining its own highways under the Highway Act, 1835, 1 
 the appointment of the surveyor or surveyors is in general 
 made under sect. 6 of that Act. 2 That section provides that 
 the inhabitants of the parish, " at their first meeting in vestry 
 for the nomination of overseers of the poor in every year, shall 
 proceed to the election of one or more persons to serve the 
 office of surveyor in the said parish for the year then next 
 ensuing : provided always, that any outgoing surveyor shall 
 continue to act until his successor shall be appointed, and shall 
 be re-eligible, and may be re-elected, and shall in such case 
 continue to act and remain in office, anything herein contained 
 to the contrary notwithstanding ; and in such case notice of 
 such election shall be given by the chairman to the person 
 elected and to the outgoing surveyor." 
 
 The same section also provides for the election of the 
 surveyor or surveyors, in a highway parish where there is no 
 meeting for the nomination of overseers, at a meeting of the 
 inhabitants contributing to the highway rate. A form of notice 
 of election is given in schedule (1) to the Act. If the inhabi- 
 tants fail to appoint a surveyor, and in the event of a casual 
 vacancy in the office, and in some other cases, the justices may 
 appoint to the office. 3 
 
 With regard to the qualification for the office of surveyor, 
 the Act 4 provides that " any person living within the parish or 
 any adjoining parish, and having an estate in houses, lands, 
 tenements, or hereditaments lying within such parish, in his 
 own right or in right of his wife, of the value of ,£10 by the 
 year, or a personal estate of the value of ;£ioo (such person 
 not living within the parish being willing to serve the office), 
 or being an occupier or tenant of houses, lands, tenements, or 
 hereditaments (whether resident within the parish or within any 
 adjoining parish) of the yearly value of ^20, shall be eligible 
 to be elected a surveyor for the purposes of this Act : provided 
 nevertheless, that no person who is now exempted by law from 
 serving the office of overseer of the poor shall be compellable 
 to serve the office of surveyor." Service in the office is 
 compulsory in the case of a qualified person not enjoying an 
 exemption ; but the office may be served by deputy. 5 
 
 The Act, however, contains other provisions under which 
 the appointment to the office of surveyor may be made. In 
 the first place, the inhabitants of the highway parish assembled 
 
 (1) 5 & 6 Will. IV., c. 50. (4) lb. s. 7. 
 
 (2) lb. s. 6. (5) Ib.\s%. 7, 8. 
 
 (3) lb. s. u.
 
 n8 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, as above-mentioned are empowered, 1 instead of appointing a 
 c 73> s - x 3> n - surveyor or surveyors under sect. 6, to elect " any one person 
 of skill and experience " to serve the office at a salary. A form 
 of appointment of a salaried surveyor is given in schedule (2) 
 to the Act. Secondly, two or more highway parishes may at 
 the instance of the vestries of such parishes be united into a 
 district under a common paid surveyor ; 2 but in such a district 
 a separate surveyor for each parish must be appointed under 
 sect. 6, to make the highway rate. 3 Lastly, in a highway 
 parish with a population exceeding 5000, the vestry are 
 empowered, by a two-thirds majority, to form a board to serve 
 the office of surveyor, and superintend the highways. 4 Districts 
 and boards, respectively, formed under the above-mentioned 
 provisions, are clearly not, it should be mentioned, " highway 
 districts," or " highway boards," within the meaning of the 
 present Act. 
 
 Sects. 6-8 of the Highway Act, 1835, apply, in a highway 
 parish included in a highway district under the Highway Acts, 
 1862 and 1864, to the election of the waywarden or way- 
 wardens ; 5 but sects. 9, 10, and 13-19 do not apply in such a 
 parish. 6 
 
 Acceptance of liability to repair new highway. — Under sect. 23 
 of the Highway Act, 1835, 7 a new highway is not to become 
 repairable at the public expense unless the person proposing 
 to dedicate the highway has given notice to the surveyor of his 
 intention so to do, and, after certain preliminaries, has obtained 
 a certificate from the justices to the effect mentioned in the 
 section. And it is provided that on the receipt of the notice, 
 the surveyor " shall call a vestry meeting of the inhabitants of 
 such parish, and if such vestry shall deem such highway not to 
 be of sufficient utility to the inhabitants of the said parish to 
 justify its being kept in repair at the expense of the said parish, 
 any one justice of the peace, on the application of the said 
 surveyor, shall summon the party proposing to make the new 
 highway to appear before the justices at the next special 
 sessions for the highways 8 to be held in and for the division 
 in which the said intended highway shall be situate ; and the 
 question as to the utility as aforesaid of such highway shall be 
 determined at the discretion of such justices." 
 
 This section applies within a highway district ; and further 
 provision under which a road in such a district may be declared 
 a highway repairable at public expense is made by sect. 36 of 
 the Highway Act, 1862, 9 under which, if the inhabitants of a 
 highway parish are desirous of undertaking the repair of any 
 
 (1) 5 & 6 Will. IV. c. 50 s. 9. Vict. c. 61), s. 42. 
 
 (2) lb. ss. 13, 14, and see ss. 15, (7) 5 & 6 Will. IV. c. 50, s. 23. 
 16. (8) The jurisdiction of the justices 
 
 (3) lb. s. 17. may now be exercised at petty 
 
 (4) lb. s. 18, and see s. 19. sessions under the Highway Act, 
 
 (5) See post, p. 120. 1864 (27 & 28 Vict. c. 101), s. 46. 
 
 (6) Highway Act, 1862 (25 & 26 (9) 25 & 26 Vict. c. 61, s. 36.
 
 L] Powers and Duties of Parish Councils and Meetings. 119 
 
 driftway, or any private carriage or occupation road in the 5 6 & 57 v; ct. 
 parish, in return for the use thereof, the vestry may request c - 73» S - J 3> n - 
 the district surveyor to apply to the justices to declare such 
 road or way to be a highway repairable at public expense. 
 
 Amount of highway rate. — Under sect. 29 of the Highway 
 Act, 1835, l the highway rate is not to exceed lod. in the 
 pound at any one time, or 2s. 6d. in the pound in the whole 
 in any one year ; but it is provided that " with the consent of 
 four-fifths of the inhabitants of any parish contributing to the 
 highway rate assembled at a meeting specially called for 
 that purpose, ten days previous notice of the same having 
 been given by the surveyor of the said parish, the rate to be 
 levied and i assessed as aforesaid may be increased to such 
 sum as the said inhabitants so assembled may think proper." 
 Whether, however, a meeting of inhabitants under this enact- 
 ment, is a vestry within the meaning of the present Act is 
 not clear. 
 
 There are, it should be mentioned, cases in which the limit 
 imposed on a highway rate by the section above cited may be 
 exceeded without such consent as is there mentioned. 2 The 
 section appears not to apply in a highway parish included 
 in a highway district; but a somewhat similar provision 
 as regards the amount of the rate for the repair of highways 
 in such a highway parish is contained in the Highway Act, 
 1864. 3 
 
 Appointment of collector of highway rate. — Under sect. 36 of 
 the Highway Act, 1835, 4 the consent of the vestry is required 
 to the appointment of a collector of highway rates and the 
 determination of his remuneration. This section applies in a 
 highway parish included in a highway district where a separate 
 highway rate is made. 5 
 
 Surveyors' contracts. — By sect. 46 of the same Act 6 the con- 
 tracts of the surveyor for the purchasing, getting and carrying 
 the materials required for the repair of highways are to be 
 made with consent of the vestry. This section is inapplicable 
 within in a highway district. 7 
 
 Taking over of highways repairable by individuals. — Sect. 62 
 of the same Act 8 contains provisions under which, with the 
 consent of the vestry, a highway repairable by any body politic 
 or corporate, or by any person, may be made repairable at the 
 public expense. This section is practically superseded in 
 highway districts by provisions in the Highway Acts, 1862 and 
 1864, 9 which enable a similar object to be attained without the 
 consent of the vestry. 
 
 Expenses of legal proceedings. — By sect, in of the Highway 
 
 (1) 5 & 6 Will. IV. c. 50, s. 29. (6) 5 & 6 Will. IV., c. 50, s. 46. 
 
 (2) lb. ss. 82, III. (7) Highway Act, 1864 (27 & 28 
 
 (3) 27 & 28 Vict. c. 101, s. 33. Vict. c. 101), s. 20. 
 
 (4) 5 & 6 Will. IV., c. 50, s. 36. (8) 5 & 6 Will. IV., c. 50, s. 62. 
 
 (5) Highway Act, 1864 (27 & 28 (9) 25 & 26 Vict. c. 61, s. 35 ; 
 Vict. c. ioi), s. 31. 27 & 28 Vict. c. 101, s. 24.
 
 i2o The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Act, 1835, 1 it is provided that if the vestry shall agree to defend 
 
 c « 73i s - 1 3> n - any indictment found against the parish, or to appeal against 
 
 any order of justices under the Act, or to defend any appeal, 
 
 the expenses incurred about such proceedings may, when duly 
 
 allowed, be charged in the surveyor's accounts. 2 
 
 Election of waywardens. — Sect. 10 of the Highway Act, 
 1862, 3 provides that the waywarden or waywardens for each 
 parish in a highway district shall be elected at the meeting 
 and time and in the manner, and subject to the same qualifica- 
 tion and the same power of appointment in the justices in the 
 event of no election taking place, or in the event of a vacancy, 
 at, in, and subject to which a person or persons to serve the 
 office of surveyor would have been chosen or appointed if the 
 Act had not passed. 
 
 Under the present Act 4 the regular elections of waywardens 
 in the spring of 1894 are not to be held, but the waywardens 
 in office at the passing of the Act are to continue in office till 
 the first district councillors come into office. By sect. 84, 
 however, where the operation of sect. 25 is postponed by order 
 of a county council, the order is to make such provisions as 
 may be necessary for holding elections of highway boards 
 during the period of postponement. 
 
 Stopping up and diversion of highways, — As is usually 
 expressed by the maxim " once a highway always a highway " 
 the public right of passage over a highway cannot be lost or 
 put an end to unless either the highway ceases to exist owing 
 to natural causes, 5 or the public rights over it are extinguished 
 by or in pursuance of an Act of Parliament. 6 
 
 Though the public thus in theory retain their right of way 
 over a highway however long it may have been disused or 
 obstructed, the circumstance that a way has not for a consider- 
 able time been used as a highway is prima facie evidence to 
 show that the way is not a highway ; 7 so that if a public right 
 of way is suffered to fall into abeyance, it may in course of 
 time become practically impossible to establish its existence ; 
 and there is no doubt that in point of fact many public rights 
 of way have in this way been lost. 
 
 Stopping up and diversion of highways tinder statute. — The 
 
 ti) 5 & 6 Will. IV., c. 50, s. in. (inhabitants) (1854), 23 L. J. M. C. 
 
 (2) See Towfisendv. Read (1861), 59; 18 Jur. 315; 1 Dears. C. C. 
 10 C. B. N. S. 308 ; 30 L. J. 291 ; 6 Cox, C. C. 299. 
 
 M. C. 245 ; 5 L. T. 180. (6) Per Byles, J., in Dawes v. 
 
 (3) 25 & 26 Vict. c. 61, s. IO. Hawkins (i860), 8 C. B. (N.S.) 
 
 (4) See sect. 79 (8). 848, at p. 858 ; S. C. 29 L. J. 
 
 (5) Per Holroyd, J., in Rex. v. C. P. 343; 7 Jur. (n.s.) 262; 4 
 Montague (1825), 4 B. & C. 598, L. T. 288. The ancient method of 
 at p. 604 ; and see Reg. v. Paul extinguishing a public right of way 
 (inhabitants) (1840), 2 Moo. & Rob. by means of a writ ad quod damnum 
 307 ; Reg. v. Bamber (1843), 5 Q. B. is obsolete. 
 
 279; 13 L. J. M. C. 13; D. & (7) Young v. Cuthbertson (1854), 
 
 M. 367 ; S. C. nom. Bamber v. I Macq. H. L. Ca. 455. 
 Reg., 8 Jur. 309 ; Reg. v. Hornsea
 
 I.] Powers and Duties of Parish Councils and Meetings. 121 
 
 most generally applicable statutory provisions for stopping up 56 & 57 Vict, 
 and diverting highways are contained in the Highway Act, c « 73» s - J 3» n - 
 1835, 1 as amended by subsequent legislation. 
 
 Sect. 84 of that Act 2 enacts that " When the inhabitants in 
 vestry assembled shall deem it expedient that any highway 
 should be stopped up, diverted, or turned, either entirely or 
 reserving a bridle-way or footway along the whole or any part 
 or parts thereof, the chairman of such meeting shall, by an 
 order in writing, direct the surveyor to apply to two justices to 
 view the same, and shall authorise him to pay all the expenses 
 attending such view, and the stopping up, diverting, or turning 
 such highway, either entirely or subject to such reservation as 
 aforesaid, out of the money received by him for the purposes 
 of this Act : provided nevertheless, that if any other party shall 
 be desirous of stopping up, diverting, or turning any highway 
 as aforesaid, he shall, by a notice in writing, require the 
 surveyor to give notice to the churchwardens to assemble the 
 inhabitants in vestry, and to submit to them the wish of such 
 person ; and if such inhabitants shall agree to the proposal, 
 the said surveyor shall apply to the justices as last aforesaid 
 for the purposes aforesaid ; and in such case the expenses 
 aforesaid shall be paid to such surveyor by the said party, or 
 be recoverable in the same manner as any forfeiture is recover- 
 able under this Act ; and the said surveyor is hereby required 
 to make such application as aforesaid." 
 
 Sect. 85 of the same Act 3 enacts that " When it shall appear 
 upon such view of such two justices of the peace, made at the 
 request of the said surveyor as aforesaid, that any public 
 highway may be diverted and; turned, either entirely or subject 
 as aforesaid, so as to make the same nearer or more com- 
 modious to the public, and the owner of the lands or grounds 
 through which such new highway so proposed to be made shall 
 consent thereto by writing under his hand, or if it shall appear 
 upon such view that any public highway is unnecessary, the 
 said justices shall direct the surveyor to affix a notice in the 
 form or to the effect of Schedule (No. 1 9) to this Act annexed 
 in legible characters, at the place and by the side of each end 
 of the said highway from whence the same is proposed to be 
 turned, diverted, or stopped up, either entirely or subject as 
 aforesaid, and also to insert the same notice in one newspaper 
 published or generally circulated in the county where the 
 highway so proposed to be diverted and turned or stopped up, 
 either entirely or subject as aforesaid, (as the case may be), 
 shall lie, for four successive weeks next after the said justices 
 have viewed such public highway, and to affix a like notice on 
 the door of the church of every parish in which such highway 
 so proposed to be diverted, turned, or stopped up, either 
 entirely or subject as aforesaid, or any part thereof, shall lie, 
 
 (1) 5 & 6 Will. IV. c. 50, ss. 84- (2) lb. s. 84. 
 
 93. (3) lb. s. 85.
 
 122 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, on four successive Sundays next after the making: such view ; 
 
 c 73. s - I 3» n - and the said several notices having been so published, and 
 proof thereof having been given to the satisfaction of the said 
 justices, and a plan having been delivered to them at the same 
 time particularly describing the old and the proposed new- 
 highway, by metes, bounds, and admeasurement thereof, which 
 plan shall be verified by some competent surveyor, the said 
 justices shall proceed to certify under their hands the fact of 
 their having viewed the said highway as aforesaid, and that 
 the proposed new highway is nearer or more commodious to 
 the public ; and if nearer, the said certificate shall state the 
 number of yards or feet it is nearer, or if more commodious, 
 the reasons why it is so ; and if the highway is proposed to be 
 stopped up as unnecessary, either entirely or subject as 
 aforesaid, then the certificate shall state the reason why it is 
 unnecessary ; and the said certificate of the said justices, 
 together with the proof and plan so laid before them as 
 aforesaid, shall, as soon as conveniently may be after the 
 making of the said certificate, be lodged with the clerk of the 
 peace for the county in which the said highway is situated, and 
 shall (at the quarter sessions which shall be holden for the 
 limit within which the highway so diverted and turned or 
 stopped up, either entirely or subject as aforesaid, shall lie, 
 next after the expiration of four weeks from the day of the 
 said certificate of the said justices having been lodged with the 
 clerk of the peace as aforesaid,) be read by the said clerk of 
 the peace in open court ; and the said certificate, together 
 with the proof and plan as aforesaid, as well as the consent in 
 writing of the owner of the land through which the new 
 highway is proposed to be made, shall be enrolled by the clerk 
 of the peace amongst the records of the said court of quarter 
 sessions : provided always, that any person whatever shall be 
 at liberty, at any time previous to the said quarter sessions, to 
 inspect the said certificate and plan so as aforesaid lodged 
 with the said clerk of the peace, and to have a copy thereof, on 
 payment to the clerk of the peace at the rate of sixpence per 
 folio, and a reasonable compensation for the copy of the plan." 
 The remaining sections of the Highway Act, 1835, dealing 
 with the stopping up and diversion of highways provide that in 
 certain cases more than one highway may be included in one 
 order or certificate ; 1 enable any person who would be 
 aggrieved by the proposed stopping up or diversion of a 
 highway to appeal to quarter sessions; 2 provide for the making 
 of an order by quarter sessions effecting the proposed stopping 
 up or diversion, and for the repair of the new highway in the 
 case of a diversion : 3 and provide for the stopping up and 
 diversion of highways repairable by particular persons. 4 
 
 (1) 5 & 6 Will. IV. c. 50, s. 86. 13 Vict. c. 45), s. 1. 
 
 (2) lb. ss. 87-90; see also the (3) 5& 6 Will. IV. c. 50, ss. 91,92. 
 Quarter Sessions Act, 1849 (12 & (4) lb. s. 93.
 
 I.] Powers and Duties of Parish Councils and Meeti?igs. 123 
 
 The Highway Act, 1862, 1 extends the provisions above 5 6 & 57 Vict, 
 mentioned to roads which are paved, repaired or cleansed under c> 73 • s - *3> n - 
 local Acts, subject to certain exceptions. 
 
 As regards main roads in rural districts the functions of the 
 surveyor under the above mentioned provisions of the Highway 
 Acts of 1835 an d 1862 are now vested in the county council; 2 
 and the functions of the vestry will, upon the transfer undei 
 sect. 25 of the functions of the highway authority to the rural 
 district council, vest in that council. 3 
 
 As regards ordinary highways in rural districts the functions 
 both of the surveyor and of the vestry will, upon the transfer 
 of the functions of the highway authority to the rural district 
 council,vest in that council. 3 
 
 If the operation of sect. 25 be postponed, the functions of 
 the vestry under the enactments in question will, if the highway 
 parish is co-extensive with a rural parish, vest in the parish 
 council or the parish meeting, as the case may be, under 
 sect. 6 (1, a) or sect. 19 ; but, if the highway parish is not co- 
 extensive with a rural parish, the functions of the vestry will 
 during the postponement be exerciseable as heretofore. 
 
 Provisions relating to the diversion and stopping up of 
 highways are contained in the general Acts relating to turnpike 
 roads 4 and in the Inclosure (Consolidation) Act, 1801, 5 but 
 these provisions are practically obsolete. 
 
 The Inclosure Act, 1845, 6 enables the valuer acting in the 
 matter of an inclosure under that Act to stop up, divert or alter 
 highways passing through the land to be inclosed or through 
 any old inclosures in the parish or respective parishes in which 
 the land to be inclosed is situate; subject to an appeal to 
 quarter sessions. 
 
 The Railway Clauses Act, 1845, also, 7 contains provisions 
 for the stopping up and diversion of highways. 
 
 It would seem that the present section is inapplicable in the 
 case of a proposed diversion or stopping up of a highway 
 under either of the two last-mentioned Acts, as the provisions 
 of those Acts apply only where they are brought into operation 
 by a special Act. 
 
 The Defence of the Realm Act, i860, 8 empowers the 
 Secretary of State for War to stop up, divert, or alter highways 
 through or adjoining certain lands. This enactment also is of 
 a special character and would no doubt be held to be un- 
 affected by the present section. 
 
 Under the Military Lands Act, 1892, 9 footpaths across or 
 
 (1) 25 & 26 Vict. c. 61, s. 44. 9 Geo. IV. c. 77, ss. 8, 9. 
 
 (2) Highway Act, 1862 (25 & 26 (5) 41 Geo. III. c. 109, ss. 8, II. 
 Vict. c. 61), s. 11 ; Local Govern- (6) 8 & 9 Vict. c. 118, ss. 62-67 ; 
 merit Act, 1888 (51 & 52 Vict. as to this Act, see the note to 
 c. 41), s. 11 (I) (12). sect. 6, ante. 
 
 (3) See sect. 25 (1) post, and the (7) 8 Vict. c. 20, s. 16. 
 Public Health Act, 1875 (38 & 39 (8) 23 & 24 Vict. c. 112, s. 40. 
 Vict. c. 55), s. 144. (9) 55 & 56 Vict. c. 43,s. 13. 
 
 (4) 3 Geo. IV. c. 126, ss. 84-88 ;
 
 124 The Locat. Government Act, 1894. [Part 
 
 56 & 57 Vict, inconveniently or dangerously near to any land leased under 
 c - 73. s - I 3> n - that Act may be stopped up or diverted with the consent of the 
 vestry, and on the certificate of two justices that the footpath 
 to be substituted is convenient for the public ; and the 
 provisions of the Highway Act, 1835, are to apply to such a 
 diversion or stopping up with some modifications. 
 
 The Church Building Act, 1819, 1 it may be mentioned, 
 contains provisions as to the alteration and discontinuance of 
 footpaths through churchyards. 
 
 Declaration that a highway is unnecessary, &>c. — Sect. 24 ot 
 the Highways and Locomotives (Amendment) Act, 1878, 2 
 enacts that "if any authority liable to keep any highway in 
 repair is of opinion that so much of such highway as lies 
 within any parish situate in a petty sessional division is 
 unnecessary for public use, and therefore ought not to be 
 maintained at the public expense, such authority (in this 
 section referred to as the applicant authority) may apply to 
 the court of summary jurisdiction of such petty sessional 
 division to view by two or more justices, being members of the 
 court, the highway to which such application relates, and on 
 such view being had, if the court of summary jurisdiction is of 
 opinion that the application ought to be proceeded with, it shall 
 by notice in writing to the owners or reputed owners and occu- 
 piers of all lands abutting upon such highway, and by public 
 notice, appoint a time and place, not earlier than one month 
 from the date of such notice, at which it will be prepared to 
 hear all persons objecting to such highway being declared 
 unnecessary for public use, and not repairable at the expense 
 of the public. 
 
 " On the day and at the place appointed, the court shall hear 
 any persons objecting to an order being made by the court 
 that such highway is unnecessary for public use and ought not 
 to be repairable at the public expense, and shall make an 
 order either dismissing the application or declaring such 
 highway unnecessary for public use, and that it ought not to be 
 repaired at the public expense. 
 
 "If the court make such last-mentioned order as aforesaid, 
 the expenses of repairing such highway shall cease to be 
 defrayed out of any public rate." 
 
 The same section provides for the manner in which public 
 notice of the time and place for hearing a case under it shall 
 be given, makes provision for reviving the liability of the 
 public to repair the highway if it subsequently becomes useful, 
 and gives an appeal to quarter sessions against an order of a 
 court of summary jurisdiction made under the section. 
 
 Another and somewhat less convenient procedure for 
 declaring a highway in a highway district to be unnecessary 
 is contained in the Highway Act, 1864, 3 Dut that section is 
 practically superseded by the enactment above quoted. 
 
 (1) 59 Geo. III. c. 134, s. 39. (3) 27 & 28 Vict. c. 101, s. 21. 
 
 (2) 41 & 42 Vict. c. 77, s. 24.
 
 I.] Powers and Duties of Parish Councils and Meetings. 125 
 
 A declaration under these enactments that a highway is 56 & 57 Vict, 
 unnecessary does not have the effect of depriving the public of c - 73> s - *3i n - 
 their right of way, but merely relieves them from the burden 
 of repairing the highway. 
 
 Repair of footpaths by the parish council. — It is an act of 
 trespass on the part of a highway authority to place stones, &c, 
 upon a highway for the purpose of repairing it, unless the 
 highway is repairable at public expense; 1 and though the 
 present section enables a parish council to spend money on 
 the repair of a footpath which is not repairable by the 
 inhabitants at large, it is open to argument whether it will 
 enable them to repair such a highway against the wish of the 
 owner of the soil. 2 
 
 Even in the case of a footpath dating from before the 
 passing of the Highway Act, 1835, 3 there may in particular 
 instances be doubt as to the right of the parish council as 
 against the owner to place stones, &c, on the path. It has 
 been held that a highway may be dedicated to the public 
 subject to a right on the owner's part to plough it up, and that 
 in such a case a highway authority are not entitled to execute 
 such repairs to the highway as will interfere with its being so 
 ploughed up. 4 In a recent case, 5 the question was raised 
 whether there might not be a dedication of a footway subject 
 to a right on the owner's part to have the footpath left free 
 from gravel and the like, and in its natural state as a green 
 path across a field ; but the point was not decided. Similar 
 questions are likely to arise under the present section. 
 
 Sect. 14. — (1.) Where trustees hold any property for Public 
 the purposes of a public recreation ground or of public property and 
 meetings, or of allotments, whether under Inclosure Acts c 
 or otherwise, for the benefit of the inhabitants of a rural 
 parish, or any of them, or for any public purpose con- 
 nected, with a rural parish, except for an ecclesiastical 
 charity, they may, with the approval of the Charity 
 Commissioners, transfer the property to the parish coun- 
 cil of the parish, or to persons appointed by that council, 
 and the parish council, if they accept the transfer, or 
 their appointees, shall hold the property on the trusts 
 and subject to the conditions on which the trustees held 
 the same. 
 
 (2.) Where overseers of a rural parish as such are, 
 either alone or jointly with any other persons, trustees of 
 any parochial charity, such number of the councillors of 
 
 (1) Eyre v. New Forest (highway (4) Arnold v. B laker (1S71), 
 board) (1892), 56 J. P. 517. L. R. 6 Q. B. 433; 40 L. J. 
 
 (2) See the note to sect. 3, ante, Q. B. 185 ; 19 W. R. 1090. 
 
 p. 16. (5) Eyre v. New Forest (highway 
 
 (3) 5 & 6 Will. IV. c. 50. board) (1892), 56 J. P. 517.
 
 126 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, the parish or other persons, not exceeding the number of 
 c 73, s. 14. ^g overseer trustees, as the council may appoint, shall 
 be trustees in their place, and, when the charity is not an 
 ecclesiastical charity, this enactment shall apply as if the 
 churchwardens as such were specified therein as well as 
 the overseers. 
 
 (3.) Where the governing body of a parochial charity 
 other than an ecclesiastical charity does not include any 
 persons elected by the ratepayers or parochial electors or 
 inhabitants of the parish, or appointed by the parish 
 council or parish meeting, the parish council may 
 appoint additional members of that governing body not 
 exceeding the number allowed by the Charity Com- 
 missioners in each case ; and if the management of any 
 such charity is vested in a sole trustee, the number of 
 trustees may, with the approval of the Charity Com- 
 missioners, be increased to three, one of whom may be 
 nominated by such sole trustee and one by the parish 
 council or parish meeting. Nothing in this sub-section 
 shall prejudicially affect the power or authority of the 
 Charity Commissioners, under any of the Acts relating 
 to charities, to settle or alter schemes for the better 
 administration of any charity. 
 
 (4.) Where the vestry of a rural parish are entitled, 
 under the trusts of a charity other than an ecclesiastical 
 charity, to appoint any trustees or beneficiaries of the 
 charity, the appointment shall be made by the parish 
 council of the parish, or in the case of beneficiaries, by 
 persons appointed by the parish council. 
 
 (5.) The draft of every scheme relating to a charity, 
 not being an ecclesiastical charity, which affects a rural 
 parish, shall, on or before the publication of the notice 
 of the proposal to make an order for such scheme in 
 23 & 24 Vict, accordance with section six of the Charitable Trusts Act, 
 c 136. 1860, be communicated to the council of the parish, and 
 
 where there is no parish council to the chairman of the 
 parish meeting, and, in the case of a council, the council 
 may, subject to the provisions of this Act with respect to 
 restrictions on expenditure, and to the consent of the 
 parish meeting, either support or oppose the scheme, and 
 shall for that purpose have the same right as any 
 inhabitants of a place directly affected by the scheme. 
 
 (6.) The accounts of all parochial charities, not being 
 
 ecclesiastical charities, shall annually be laid before the 
 
 parish meeting of any parish affected thereby, and the 
 
 18 & 19 Vict. Charitable Trusts Amendment Act, 1855, shall apply 
 
 c. 124. with the substitution in section forty-four of the parish
 
 I.] Powers and Duties of Parish Councils and Meetings. i 2 7 
 
 meeting for the vestry, and of the chairman of the parish 56 & 57 Vict, 
 meeting for the churchwardens, and the names of the c - 73. s. 14- 
 beneficiaries of dole charities shall be published annually 
 in such form as the parish council, or where there is no 
 parish council the parish meeting, think fit. 
 
 (7.) The term of office of a trustee appointed under 
 this section shall be four years, but of the trustees first 
 appointed as aforesaid one half, as nearly as may be, to 
 be determined by lot, shall go out of office at the end of 
 two years from the date of their appointment, but shall 
 be eligible for re-appointment. 
 
 (8.) The provisions of this section with respect to the 
 appointment of trustees, except so far as the appointment 
 is transferred from the vestry, shall not apply to any 
 charity until the expiration of forty years from the date 
 of the foundation thereof, or, in the case of a charity 
 founded before the passing of this Act by a donor or by 
 several donors any one of whom is living at the passing 
 of this Act, until the expiration of forty years from the 
 passing of this Act, unless with the consent of the 
 surviving donor or donors. 
 
 (9.) Whilst a person is trustee of a parochial charity 
 he shall not, nor shall his wife or any of his children, 
 receive any benefit from the charity. 
 
 Note. Definitions. — The expressions " trustees," " eccle- 
 siastical charity," "parochial charity," and "vestry," are 
 defined in sect. 75 (2). 
 
 Recreation grounds and allotments. — Many Acts under which 
 recreation grounds and allotments may be held by trustees for 
 the benefit of parishes are referred to in the note to sect. 6, 
 ante. 
 
 Charities in parish not having a separate parish council. — In 
 a parish in this position, the power given by the present 
 section to a parish council of appointing trustees of a charity 
 in place of overseers or churchwardens will, under sect. 19 (5), 
 subject, if the parish is grouped, to the provisions of the 
 grouping order, vest in the parish meeting. By sect. 38 (3), 
 where parishes are grouped, the grouping order is to provide 
 for the application of the provisions of the Act with respect to 
 the appointment of trustees and beneficiaries of a charity, so as 
 to preserve the separate rights of each parish. 
 
 Charities in urban districts, &>c. — Certain provisions with 
 regard to the appointment of charity trustees for parishes in 
 boroughs, urban districts, and London, are contained in 
 sect. 33. 
 
 Summary determination of questions as to charity. — By 
 sect. 70 a summary method is provided for determining any 
 question arising under the Act as to the appointment of the
 
 128 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, trustees or beneficiaries of any charity, or as to the persons in 
 c 73> s - *4> n > whom the property of any charity is vested 
 
 Saving for eleme?itary schools. — It seems proper to mention, 
 in connection with the present section, that by sect. 66 it is 
 provided that nothing in this Act shall affect the trusteeship, 
 management, or control of any elementary school. 
 
 Public or charitable trusts. — The expressions "public" and 
 " charitable " in relation to trusts appear to have in general 
 precisely the same meaning. 1 And no doubt the expression 
 " public purpose " in sub-sect. (1) is used as meaning a purpose 
 that is in law a charitable purpose. 
 
 The meaning of " charity " in the legal acceptation of the 
 term, which differs considerably from the popular meaning, is 
 derived from the enumeration of charitable uses contained in 
 the preamble to the statute of 1601, commonly called the 
 Statute of Charitable Uses ; 2 such purposes, and such pur- 
 poses only, being in point of law charitable as are within 
 either the express words or the spirit of that statute. 3 
 
 The purposes enumerated in the preamble are : the relief 
 of aged, impotent, and poor people ; the maintenance of sick 
 and maimed soldiers and mariners, schools of learning, free 
 schools, and scholars in universities, the repair of bridges, 
 ports, havens, causeways, churches, seabanks, and highways ; 
 the education and preferment of orphans; relief, stock, or 
 maintenance for houses of correction; marriages of poor 
 maids ; supportation, aid, and help of young tradesmen, handi- 
 craftsmen, and persons decayed; the relief or redemption of 
 prisoners or captives ; and the aid or care of any poor inhabit- 
 ants concerning payment of fifteens, setting out of soldiers, 
 and other taxes. A liberal view has however been taken of 
 the spirit of the statute, and many objects differing considerably 
 from those thus enumerated have accordingly been held to be 
 charitable, and practically any question as to whether an object 
 not expressly mentioned in the preamble is charitable depends 
 now entirely on case law. It would probably be impossible to 
 extract from the numerous cases on points of the kind a con- 
 cise and exhaustive definition of the expression charity in its 
 legal significance. The following brief definition given by 
 
 (1) See the definition of the ex- was kept alive by sect. 13 (2) of 
 
 pression charity given in Jones that Act, which, after setting out 
 
 v. Williams (1767?), Amb. 651, the preamble at length and reciting 
 
 quoted /art, p. 129. See also per that "in divers enactments and 
 
 Lord Cairns, in Goodmati v. Saltask documents reference is made to chari- 
 
 (mayor, &c.) (1882), 7 App. Cas. ties within the meaning, purview and 
 
 633, at p. 650; S. C. 52 L. J. interpretation of the said Act," 
 
 Q. B. 193 ; 48 L. T. 239 ; 31 W. R. enacts that " references to such 
 
 293 
 
 charities shall be construed as re- 
 
 (2) 43 Eliz. c. 4. This statute, ferences to charities within the mean- 
 
 the substantive provisions of which ing of the said preamble." 
 had long fallen into abeyance, was (3) See per Grant, M.R., in 
 
 repealed by the Mortmain and Morice v . Durham {Bishop) (1804), 
 
 Charitable Uses Act, 1888 (51 & 52 9 Ves. 399, at p. 405. 
 Vict. c. 42) ; but the preamble
 
 I.] Powers and Duties of Parish Councils an./ Meetings. 129 
 
 Lord Camden, L.C., 1 may however be mentioned ; charity, he 56 & 57 v 'ct. 
 said, was " a gift to a general public use which extends to the c - 73> s - *4> n. 
 poor as well as to the rich." 
 
 Formerly jurisdiction over charities was exercised chiefly by 
 the Court of Chancery.- The Court had in the first place 
 jurisdiction by the construction of the instrument of foundation, 
 with or without evidence of usage and the like, to determine 
 the trusts upon which charity property was held. It had also 
 jurisdiction to enforce the execution of the trusts and to redress 
 breaches of trust. In the exercise of this power the Court would 
 appoint and remove trustees and other officers, and would make 
 all necessary provisions for the regulation and management of 
 the charity and the application of the charity funds. 
 
 Where, owing to change of circumstances, the property of 
 an established charity could no longer be applied according to 
 the precise intentions of the founder ; or where property was 
 given in such a way as to show a general charitable intention 
 on the part of the founder but it was impossible from the first 
 to carry out his precise intentions, the Court would direct the 
 property to be applied cy-firs, that is to say, putting it broadly, 
 in such a way as to carry out the intention of the founder as 
 nearly as might be. 3 
 
 The Court when called upon to enforce the execution of a 
 charitable trust would usually, both where it was necessary to 
 apply the cy-pres doctrine and in other cases, give general 
 directions for the regulation of the charity, in the form of a 
 scheme settled with the approval of the Court. 
 
 The jurisdiction as to charities formerly possessed by the 
 Court of Chancery is now vested in the High Court and is 
 exercised by the Chancery Division. 4 In ordinary cases, how- 
 ever, control over charities is at the present time exercised 
 almost exclusively by the Charity Commissioners under the 
 Charitable Trusts Acts, a brief account of which is subjoined ; 
 and proceedings in the High Court in relation to charities are 
 comparatively rare. 
 
 The Charitable Trusts Acts, 1853 to 1 89 1, 5 have for their 
 principal object the establishment of " the Charity Commis- 
 sioners for England and Wales " as a central authority for the 
 
 (1) Jones v. Williams (1767?), Trusts Act, 1S53 (16 & 17 Vict. 
 Amb. 651. c. 137), the Charitable Trusts 
 
 (2) As to the origin of this juris- Amendment Act, 1855 (18 & 19 
 diction which is involved in some Vict. c. 124), Acts ot i860, 1862, 
 obscurity, see Storey's " Equity 1869, and 1887 (23 & 24 Vict. 
 Jurisprudence," 2nd English Edi- c. 136; 25 & 26 Vict. c. 112 ; 32 
 lion, §§ 1142-1154!). & 33 Vict. c. no; 50 & 51 Vict. 
 
 (3) See " Tudor's Charitable c. 49) each of which may be cited 
 Trusts," Chap. VI. sect. 2. as "the Charitable Trusts Act," 
 
 (4) Judicature Act, 1873 (36 & with the addition of the year in 
 37 Vict. c. 66) ss. 16, 34. which it was passed, and the 
 
 (5) This collective title, under Charitable Trusts (Recovery) Act, 
 the Short Titles Act. 1892 (55 Vict. 1891 (54 Vict. c. 17). 
 
 10), comprises the Charitable
 
 130 Tke Local Government Act, 1894. [Part 
 
 5,6 & 57 Vict, control of charities. 1 Before mentioning the powers of the 
 c. 73, s. 14, 0. Charity Commissioners, however, it will be convenient to state 
 the sense in which the expression "charity" is used in the 
 Acts, and to refer to the provisions of the Acts as to the juris- 
 diction of Courts of law. 
 
 The expression "charity" is defined in the Charitable Trusts 
 Act, 1853, 2 as meaning " every endowed foundation and insti- 
 tution taking or to take effect in England or Wales, and coming 
 within the meaning, purview, or interpretation of the statute of 
 the forty-third year of Queen Elizabeth, chapter four, 3 or as to 
 which, or as to the administration of the revenues or property 
 whereof, the Court of Chancery has or may exercise jurisdic- 
 tion." i A considerable number of charities and institutions 
 are however expressly exempted wholly or partially from the 
 operation of the Act. 5 And the Charitable Trusts Amendment 
 Act, 1855 , G provides that in that Act and in the Act of 1853 
 " the word charity shall include every institution in England or 
 Wales endowed for charitable purposes, but shall not include any 
 charity or institution expressly exempted from the operation of 
 the Act of 1853." A few sections of the Acts extend to charities 
 otherwise exempted from their operation, and provisions are 
 made under which application may be made to have the benefits 
 of the Acts extended wholly or partially to such exempted 
 charities. 7 It should further be mentioned that certain provisions 
 of the Acts are in abeyance as to charities coming within the 
 operation of the Endowed Schools Acts, 1869 to 1889.* 
 
 The limited meaning of the word " charity " in the Acts 
 must not be lost sight of in reading the ensuing sketch of their 
 provisions. 
 
 The Charitable Trusts Act, 1853, enabled both the ordinary 
 and the special or statutory jurisdiction of the Court of 
 Chancery, with some exceptions, to be exercised, in the case 
 of a charity with a gross annual income exceeding £$0, and 
 in some instances in the case of a smaller charity, upon appli- 
 cation at chambers by certain persons. 9 
 
 (1) As to the constitution and the 30th September, 1892. 
 proceedings of the Charity Com- (2)' 16 & 17 Vict. c. 137, s. 66. 
 
 missioners, see 16 & 17 Vict. c. 137, (3) 43 KHz. c. 4, now repealed. 
 
 ss. 1-3, 5-8 ; 18 & 19 Vict. c. 124, (4) As to the effect of this detini- 
 
 ss. 4, 5 ; 23 & 24 Vict. c. 136, tion now that the statule of Eliza- 
 
 ss. 20, 21 ; 32 & 33 Vict. c. no, beth is repealed, see note (2) ante, 
 
 s. 16 ; 50 & 51 Vict. c. 49, ss. 2, 3, p. 128. 
 
 6; see also the Endowed Schools (5) 16 & 17 Vict. c. 137, s. 62; 
 
 Act, 1S74 (37 & 38 Vict. c. 87), and see 18 & 19 Vict. c. 124, s. 49; 
 
 and the City of London Parochial 32 & 33 Vict. c. no, s. 15. 
 Charities Act, 1883 (46 & 47 Vict. (6) 18 & 19 Vict. c. 124, s. 48. 
 
 c. 36), s. 3. The two last-men- (7) 16 & 17 Vict. c. 137, s. 64; 
 
 tioned Acts are partly temporary. 32 & 33 Vict. c. no, ss. 14, 15- 
 The former Act is at present con- (8) As to these Acts see post, 
 
 tinued in full force by the Expiring p. 138. 
 
 Laws Continuance Act, 1893 (5& & (9) 16 & 17 Vict. c. 137, ss. 28, 
 
 57 Vict. c. 59). The temporary pro- 30,35,37,41-44. 
 visions of the latter Act expired on
 
 I.] Powers and Duties of Parish Councils and Meetings. 131 
 
 The same Act empowered county courts to exercise, on the 56 & 57 Vict, 
 application of certain persons and subject to the control in c - "3> s - : 4. n - 
 certain respects of the Charity Commissioners, jurisdiction as 
 regards charities with a gross annual income not exceeding a 
 certain limit, afterwards raised to ^"50, l similar to that which 
 might be exercised by the Court of Chancery on application 
 at chambers ; - and gave jurisdiction, similar to and concurrent 
 with that of the Court of Chancery, to the Court of Chancery 
 of the County Palatine of Lancaster as regards charities within 
 the jurisdiction of the latter court. :: 
 
 The Acts also gave the Courts having jurisdiction over 
 charities certain entirely new powers, among the most impor- 
 tant of which were :— powers to make orders vesting charity 
 lands without conveyance in the official trustee of charity 
 lands, or divesting him of land vested in him under such an 
 order, and vesting it in the trustees of the charity ; powers to 
 order the transfer of stock, &c, belonging to a charity to the 
 official trustees of charity funds, and to authorise such trustees 
 to call for a transfer and to transfer such stock, &c. ; and 
 powers to order payment to such trustees of any principal 
 moneys of any charity. 4 
 
 AVhile provision was thus made for the more effectual control 
 of charities by courts of law, an effectual stop was put to 
 unnecessary legal proceedings in connection with charities by 
 the Charitable Trusts Act, 1853, 5 which rendered the leave of 
 the Charity Commissioners necessary in almost all cases to the 
 institution of legal proceedings affecting charities. 
 
 Recourse to county courts in connection with charities is now, 
 it should be mentioned, in view of the judicial powers vested in 
 the Charity Commissioners, more especially under the Charit- 
 able Trusts Act, i86o, u hardly ever necessary; and the jurisdic- 
 tion over charities conferred on these courts by the Charitable 
 Trusts Act, 1S53, is in consequence very rarely exercised. 
 
 The provisions of the Acts as to the powers of the Charity 
 Commissioners and miscellaneous matters may now be briefly 
 summarized. 
 
 The Charity Commissioners are empowered to inquire into 
 charities, and to require charity trustees and others to furnish 
 statements and accounts relating thereto.' 
 
 (1) 23 & 24 Vict. c. 136, s. 11. 23, 25 ; 23 £: 24 Vict. c. 136, s. 12. 
 
 (2) 16 & 17 Vict. c. 137, s. 32, As to the official trustees, see post, 
 and see ss. 34-45. These sections pp. 132, 133. 
 
 also gave jurisdiction over charities (5) 16 & 17 Vict. c. 137, ss. 17- 
 
 to district courts of bankruptcy, 19, and see post, p. 132. 
 
 but, these courts having been abol- (6) 23 & 24 Vict. c. 136; as to 
 
 ished, the provisions of the Charit- these powers, see post, p. 133. 
 
 able Trusts Acts as to their jurisdic- (7) 16 & 17 Vict. c. 137, ss. 9-15 ; 
 
 tion were repealed by the Statute 18 & 19 Vict. c. 124, ss. 6-9; 23 
 
 Law Revision Act, 1875. & 24 Vict. c. 136, s. 19 ; 32 & 33 
 
 (3) 16 & 17 Vict. c. 137, ss. 29, Vict. c. no, s. 9. As to the 
 35> 37- accounts of charity trustees, see 
 
 (4) 16 & 17 Vict. c. 137, ss. 48- also post, p. 136. 
 52 ; 18 & 19 Vict. c. 124, ss. 12, 
 
 K *2
 
 132 The Local Government Act, 1S94. [Part 
 
 56 & 57 Vict. They are enabled to give advice in relation to charities ; 
 
 c 73> s - '4: n. an( j provision is made indemnifying trustees and others acting 
 in accordance with their advice. 1 
 
 They may act as arbitrators in reference to disputes between 
 members of a charity ; and their power in this behalf extends 
 to charities otherwise exempted from the Acts. 2 
 
 Their leave is necessary to the institution of legal proceed- 
 ings relating to a charity, 3 except in the cases of "an applica- 
 tion in any suit or matter actually pending," a proceeding in 
 which property is claimed or relief sought adversely to a 
 charity, 4 ex officio proceedings by the Attorney-General, 5 or 
 apparently proceedings which prior to the Judicature Act, 1873, 
 could have been brought only in a Court of common law. 6 
 While the institution of unnecessary proceedings in relation to 
 a charity is thus prevented, the Charity Commissioners are 
 empowered, where they think proceedings ought to be taken, 
 to certify the case to the Attorney-General with a view to his 
 instituting proceedings ; ' and, in certain cases, themselves to 
 take proceedings for the recovery of property belonging to a 
 charity. 8 
 
 Extensive powers are vested in the Charity Commissioners 
 as to the management of charity property. They have power 
 to authorise and regulate the sale, exchange, letting or mort- 
 gage of charity estates, the redemption of rent charges and 
 other periodical payments charged on charity land or on land 
 for the benefit of a chanty, the improvement of charity estates, 
 and the application of moneys belonging to a charity or raised 
 on the security of the property thereof to any purpose that they 
 consider beneficial to the charity or estates or objects thereof, 
 and which is not inconsistent with the trusts or intentions of 
 the foundation. Their sanction is in many cases rendered 
 necessary to a sale, mortgage, or lease of charity property. 
 And they are empowered to determine in certain cases of 
 doubt what lands shall stand charged with a periodical payment 
 in favour of a charity. 9 They may also sanction the com- 
 promise of claims relating to charities. 10 
 
 The secretary of the Charity Commissioners for the time 
 being is empowered to hold charity lands as a corporation 
 under the style of " the Official Trustee of Charity Lands," and 
 provisions are made under which charity lands may be vested 
 
 (1) 16 & 17 Vict. c. 137, s. 16, (7) 16 & 17 Vict. c. 137, s. 20. 
 and see 32 & 33 Vict. c. 1 10, s. 5. (8) 54 Vict. c. 17. 
 
 (2) 16 & 17 Vict. c. 137, s. 64; (9) 16 & 17 Vict. c. 137, ss. 21, 
 iS & 19 Vict. c. 124, s. 46. 24-26 ; 18 cc 19 Vict. c. 124, ss. 29, 
 
 (3) 16 & 17 Vict. c. 137, ss. 17, 30, 32-34, 38, 39; 23 & 24 Vict. 
 19. c. 136, s. 15 ; 25 & 26 Vict. c. 112 ; 
 
 (4) lb. s. 17. 32 i: 33 Vict. c. no, ss. 5, 6, 8, 9. 
 
 (5) lb. s. 18. (10) 16 & 17 Vict. c. 137, s. 23 ; 
 
 (6) Holmev. cT«;' (1877), 5 Ch. D. 18 & 19 Vict. c. 124, s. 31, and see 
 901 ; 46 L. J. Ch. 648; 36 L. T. 32 & 33 Vict. c. no, s. 5. 
 
 600 ; 25 W. R. 547.
 
 L] Powers and Duties of Parish Councils and Meetings. 133 
 
 in him by an order of a court of competent jurisdiction or of 56 & 57 Vict. 
 the Charity Commissioners. 1 c - 73. s. 14, n. 
 
 Similarly certain officers of the Charity Commissioners are 
 constituted official trustees of charity funds, and provisions 
 are made enabling charity funds to be transferred to them. 2 
 
 " The benefits derivable from the constitution of the official 
 trustee of charity lands are, the simplification of title to charity 
 property, and the saving of the heavy and recurring expense 
 
 of conveyances on each appointment of trustees So 
 
 little is the ordinary administration of a charity varied by the 
 circumstance that its real estate is so vested, that it is only in 
 the two cases, either of a sale, or of the institution of legal pro- 
 ceedings in respect of the land so vested, that the trustees 
 become practically aware of the fact." 3 
 
 " The agency of the official trustees of charitable funds 
 effects two purposes : — 
 
 " (1) It secures the absolute safety of capital 
 
 " (2) It relieves charities from all expense and delay in 
 obtaining payment of the income when due." 
 
 " The official trustees have neither the means nor the power 
 to interfere in the administration of the income, nor in the 
 management of any charities, and their duty in respect of 
 income is confined by statute to remitting (free of charge) as 
 they become due, the dividends and income of the funds stand- 
 ing in their name, to the trustees of each charity, for the pur- 
 pose of being applied by those trustees to the objects of their 
 trusts." 4 
 
 Some of the most important powers of the Charity Com- 
 missioners are 'those conferred on them by the Charitable 
 Trusts Act, i860, which enacts that, subject to certain pro- 
 visions, the Charity Commissioners shall have power " to 
 make such effectual orders as may now be made by any judge 
 of the Court of Chancery sitting at chambers, or by any County 
 Court or district court of bankruptcy, for the appointment or 
 removal of trustees of any charity, or for the removal of any 
 schoolmaster or mistress or other officer thereof, or for or 
 relating to the assurance, transfer, payment, or vesting of any 
 real or personal estate belonging thereto, or entitling the 
 official trustees of charitable funds, or any other trustees, to 
 call for a transfer of and to transfer any stock belonging to 
 such estate, or for the establishment of any scheme for the 
 administration of any such charity. 1 ' 5 
 
 (1) 16 & 17 Vict. c. 137, ss. 47- c. 49, ss. 4, 6. 
 
 49 ; 18 & 19 Vict. c. 124, s. 15, and (3) 29th Report of the Charity 
 
 see s. 37 ; 23 & 24 Vict. c. 136, Commissioners, Appendix, p. 24 n. ; 
 
 s. 2 ; 50 & 51 Vict. c. 49, s. 5. See and see 16 & 17 Vict. c. 137, s. 50 ; 
 
 also sect. 52 (4) of the present Act, 18 & 19 Vict. c. 124, s. 16. 
 and the note to that section, post. (4) 29th Report of the Charily 
 
 (2) 16 & 17 Vict. c. 137, ss. 51, Commissioners, Appendix, p. 2311.; 
 52; 18 & 19 Vict. c. 124, ss. 12, and see 16 & 17 Vict. c. 137, s. 52. 
 18-28, 37 ; 23 & 24 Vict. c. 136, (5) 23 & 24 Vict. c. 136, s. 2 ; 
 ss. 2, 12, 17, 18, 23; 50 & 51 Vict. and see ib. ss. 3-7, 10; 25 & 26
 
 i34 The Local Government Act, T894. [Part 
 
 56 &«57 Vict. The jurisdiction of the Charity Commissioners for these pur- 
 c. 73, s. 14, n. p 0S es can, in the case of a charity the gross annual income of 
 which exceeds ^50, be exercised only on the application of 
 the trustees or administrators of the charity, or the majority of 
 them. 1 In the case of smaller charities it may be exercised 
 on the application of the Attorney-General, of all or any one 
 or more of the trustees or persons administering or claiming 
 to administer or interested in the charity in question, or any 
 two or more inhabitants of any parish or place within which 
 the charity is administered or applicable.' 2 Provision is made 
 for an appeal against an order of the Charity Commissioners 
 made for any of the above mentioned purposes. 3 
 
 It will be observed that the powers of the Charity Com- 
 missioners under the Charitable Trusts Act, i860, are not in 
 any respect more extensive than those possessed by the Courts. 
 They can therefore only vary the trusts of a charity to the extent 
 permissible in accordance with the cy-pres doctrine. The 
 Charitable Trusts Act, 1853, 4 on the other hand, enables them 
 to prepare new schemes for the administration of charities 
 without regard to the limitations of that doctrine, and to 
 submit such schemes in their annual report with a view to 
 the ultimate confirmation thereof by Parliament; but from 
 various causes it has been found impossible to secure the pass- 
 ing of Acts of Parliament for the confirmation of such schemes, 
 and the powers of the Charity Commissioners in this behalf are 
 accordingly seldom if ever exercised. 5 
 
 The Charity Commissioners have power, when any parish or 
 ecclesiastical district entitled to the benefit of a charity has 
 been divided and no apportionment of the charity has been 
 otherwise provided for, in case of all charities with a gross 
 annual income not exceeding £30, to apportion the benefit of 
 the charity, and to make certain incidental arrangements. 6 
 
 They have power to provide a repository for the safe custody 
 of charity muniments ; 7 and to refer bills of costs in charity 
 matters to taxation.* 
 
 Vict. c. 112 ; 32 & 33 Vict. c. 1 to, see 16 & 17 Vict. c. 137, s. 43. 
 
 ss. 4-9, 15. As to an order of (3) 23 & 24 Vict. c. 136, ss. 8, 
 
 the Charity Commissioners vesting 9 ; 32 & 33 Vict. c. HO, ss. 9-11 ; 
 
 charity lands in the official trustee, and see post, p. 136. 
 
 see also sect. 52 (4) of the present (4) 16 & 17 Vict. c. 137, ss. 54- 
 
 Act, and the note to that section, 60; and see 18 & 19 Vict. c. 124, 
 
 post. As to the establishment of a s. 43. 
 
 scheme by the Charity Commis- (5) See the 37th Report of the 
 
 sioners, see also/cr/, p. 135. With Charity Commissioners, p. 17. 
 
 regard to the removal of school- (6) iS & 19 Vict. c. 124, ss. IO, 
 
 masters and mistresses and other II, 13, 14. Certain provisions as 
 
 officers of charities, see also 16 & to parochial charities in a parish 
 
 17 Vict. c. 137, s. 22; 23 & 24 divided by the present Act, are 
 
 Vict. c. 136, ss. 13, 14. contained in sect. 36 (3), post. 
 
 (1) 23 & 24 Vict. c. 136, s. 4; (7) 16 & 17 Vict. c. 137, s. 53, 
 and see*32 & 33 Vict. c. no, s. 5. and see 23 & 24 Vict. c. 136, s. 19. 
 
 (2) 23 & 24 Vict. c. 136, s. 2 ; and (8) 18 & 19 Vict. c. 124, s. 40.
 
 I.] Powers and Duties of Parish Councils and Meetings. 135 
 
 The following miscellaneous provisions of the Charitable 56 & 57 Vict. 
 Trusts Acts remain to be mentioned : — <•'• 73> s. *4i n - 
 
 The trustees of any charity whether incorporated or not are 
 empowered to acquire land for the erection or construction of 
 any house or building with or without garden, playground, or 
 other appurtenances, for the purposes of the charity ; and for 
 this purpose certain provisions of the Lands Clauses Acts are 
 made available. 1 Deeds relating to charities may be enrolled 
 at the office of the Charity Commissioners, in which case 
 copies of such deeds are receivable in evidence. 2 And the 
 majority of the trustees of a charity are enabled to exercise 
 the powers of the whole body as regards dealings with the 
 charity property and the institution and carrying on of legal 
 proceedings. 3 
 
 In connection with the subject of charities, it seems proper 
 to refer briefly to the Endowed Schools Acts, 1869, 1873, and 
 1874. 4 
 
 Under these Acts the Charity Commissioners have special 
 powers to inquire into, and regulate by means of schemes, all 
 kinds of educational endowments, with certain exceptions. 
 Schemes under the Acts require confirmation by the Education 
 Department and by Order in Council ; but the powers of the 
 Charity Commissioners in relation to such schemes are not 
 limited by the ey-prcs doctrine. 
 
 The Acts contain provisions under which endowments, not 
 being educational endowments, but of which the income is 
 applicable wholly or partially to one or more of the purposes 
 following — doles in money or kind ; marriage portions ; re- 
 demption of prisoners and captives ; relief of poor prisoners 
 for debt ; loans ; apprenticeship fees ; advancement in life ; 
 or any purposes which have failed altogether, or have become 
 insignificant in comparison with the magnitude of the endow- 
 ment, if given to charitable uses in or before 1800 — may, with 
 the consent of the governing body of the charity, be rendered 
 applicable by a scheme made under the Acts to the advance- 
 ment of education. 5 
 
 The powers of the Charity Commissioners to make schemes 
 under the Acts are temporary, but are at present continued in 
 force by the Expiring Laws Continuance Act, 1893,° till the 
 1st March, 1895. 
 
 Scheme under the Charitable Trusts Act, i860. — The powers 
 of the Charity Commissioners to make schemes under this Act ' 
 
 (1) 16 & 17 Vict. c. 137, s. 27 ; and Monmouthshire by the Welsh 
 18 & 19 Vict. c. 124, s. 41. Intermediate Education Act, 18S9 
 
 (2) 18 & 19 Vict. c. 124, s. 42. (52 cS: 53 Vict. c. 40), with which 
 
 (3) 32 & 33 Vict. c. no, ss. 12, they may be cited collectively as 
 13. the Endowed Schools Acts, 1869- 
 
 (4) 32 & 33 Vict. c. 56 ; 36 & 37 1889. 
 
 Vict. c. 87 ; 37 & 38 Vict. c. 87. (5) 32 & 33 Vict. c. 56, s. 30. 
 
 These Acts are amended in impor- (6) 56 & 57 Vict. c. 59. 
 
 tant particulars as regards Wales (7) 23 & 24 Vict. c. 136.
 
 136 The Local Government Act, 1S94. [Part 
 
 56 lV 57 Vict, have been already referred to. 1 Sec. 6 of the Act 2 provides 
 c. 73, s. 14, n. t hat no order appointing or removing a trustee or establishing 
 a scheme is to be made by the Charity Commissioners before 
 the expiration of one calendar month after public notice of the 
 proposal to make such order has been given ; that the notice 
 shall, inter alia, prescribe a reasonable time within which any 
 objections to the proposed order, or suggestions thereon, may 
 be made or transmitted to the Commissioners; and that the 
 Commissioners shall receive and consider all such objections 
 and suggestions. 
 
 It does not appear that inhabitants of a place affected by a 
 scheme have any peculiar right to oppose or support it. :i 
 
 Accounts of parochial charities. — Under sect. 44 of the 
 Charitable Trusts Amendment Act, 1855, 4 the trustees of every 
 charity are required to make out and transmit to the Charity 
 Commissioners certain annual and other accounts ; and the 
 section provides that in the case of a parochial charity the 
 trustees shall, within fourteen days after the day appointed for 
 making out their annual accounts, deliver a copy thereof " to 
 the churchwarden or churchwardens of the parish or parishes 
 with which the objects of such charities are identified, who shall 
 present the same at the next general meeting of the vestry of 
 such parishes, and insert a copy thereof in the minutes of the 
 vestry book ; and every such copy shall be open to the in- 
 spection of all persons at all seasonable hours, subject to such 
 regulations as to the said Board [i.e. the Charity Commissioners] 
 may seem fit ; and any person may acquire a copy of every 
 such account or of any part thereof, on paying therefor 
 after the rate of twopence for every seventy-two words or 
 figures." 
 
 Sect. 45 of the same Act, 5 enables the Charity Commis- 
 sioners to make orders as to the delivery, transmission, and form 
 of the accounts of charity trustees. 
 
 Under the Poor Law Amendment Act, 1834,° it may be 
 mentioned, the Local Government Board, as successors of the 
 Poor Law Commissioners, have power to call for accounts 
 from persons holding, or in receipt of the rents and profits of, 
 
 (1) Ante, p. 133. 10 of the Charitable Trusts Act, 
 
 (2) 23 & 24 Vict. c. 136, s. 6. 1869 (32 & 33 Vict. c. no), the 
 
 (3) Under sect. 8 of the Charit- right of appeal appears to be con- 
 able Trusts Act, 1S60 (23 & 24 fined to the Attorney-General or 
 Vict. c. 136), any two inhabitants some person authorised by him or 
 of a paiish or place to which a by the Charity Commissioners. See 
 charity was specially applicable Re Hackney Charities, Ex parte 
 were, in the case of a charity of Nichells (1S65), 4 De G. J. & S. 
 which the gross income exceeded $8S 5 34 L. J. Ch. 169; n Jur. 
 £
 s - H> II - 
 diminution of the poor rate. And an account furnished in pur- 
 suance of this enactment is to be open to the inspection of the 
 owners and ratepayers of the parish. 
 
 Sect. 15. — A rural district council may delegate to a Delegated 
 parish council any power which may be delegated to a P owe '' s ot 
 parochial committee under the Public Health Acts, and ^ou'ticils 
 thereupon those Acts shall apply as if the parish council 
 were a parochial committee, and where such district 
 council appoint a 'parochial committee consisting partly 
 of members of the district council and partly of other 
 persons, those other persons shall, where there is a parish 
 council, be or be selected from the members of the parish 
 council. 
 
 Note. Parochial committees. — The Public Health Act, 
 1875, x contains the following provisions with regard to parochial 
 committees : — 
 
 " A rural authority {including any committee so formed as afore- 
 said)' 1 may, at any meeting specially convened for the purpose, 
 form for any contributory place within their district a parochial 
 committee consisting wholly of members of such authority or 
 committee, or partly of such members and partly of such other 
 persons liable to contribute to the rate levied for the relief of 
 the poor in such contributory place, and qualified in such other 
 manner (if any) as the authority forming such parochial 
 committee may determine. 
 
 " A rural authority {including any committee so formed as afore- 
 said)- may from time to time add to or diminish the number 
 of the members, or otherwise alter the constitution of any 
 parochial committee formed by it, or dissolve any parochial 
 committee. 
 
 " A parochial committee shall be subject to any regulations 
 and restrictions which may be imposed by the authority which 
 formed it : Provided that no jurisdiction shall be given to a 
 parochial committee beyond the limits of the contributory 
 place for which it is formed, and that no powers shall be 
 delegated to a parochial committee except powers which the 
 rural authority could exercise within such contributory place. 
 
 " A parochial committee shall be deemed to be the agents of 
 the authority which formed it, and the appointment of such 
 committee shall not relieve that authority from any obligation 
 imposed on it by Act of Parliament or otherwise. 
 
 " A parochial committee may be empowered by the authority 
 which formed it to incur expenses to an amount not exceeding 
 
 (1) 38 & 39 Vict. c. 55, s. 202. which, by sect. S9, repeals the enact- 
 
 (2) The words in italics are vir- merit to which they refer, 
 tually repealed by the present Act,
 
 58 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c 73, s. 15, n 
 
 such amount as may be prescribed by such authority ; it shall 
 report its expenditure to such authority as and when directed 
 by such authority, and the amount so reported, if legally 
 incurred, shall be discharged by such authority." 
 
 The Act l also authorises the authority appointing a paro- 
 chial committee to fdl casual vacancies occurring among its 
 members. 
 
 The following areas are by the same Act - declared to be 
 " contributory places : " — 
 
 " (1.) Every parish not having any part of its area within 
 the limits of a special drainage district formed in 
 pursuance of the Sanitary Acts or of this Act, or of 
 an urban district ; and 
 " (2.) Every such special drainage district as aforesaid ; and 
 " (3.) In the case of a parish wholly situated in a rural 
 district, and part of which forms or is part of any 
 such special drainage district as aforesaid, such 
 portion of that parish as is not comprised within 
 such special drainage district ; and 
 " (4.) In the case of a parish a part of which is situated 
 within an urban district, such portion of that parish 
 as is not comprised within such urban district, or 
 within any such special drainage district as afore- 
 said." 
 As to the formation of special drainage districts the Act, 8 
 provides that " It shall be lawful for a rural authority, by 
 resolution to be approved by the Local Government Board, 
 but not otherwise, to constitute any portion of the area within 
 their jurisdiction a special drainage district, for the purpose of 
 charging thereon exclusively the expenses of works of sewerage 
 water supply or of other works, which by this Act are or by 
 order of the Local Government Board may be declared to be 
 special expenses and thereupon such area shall become a 
 separate contributory place." 
 
 It is by no means clear how the present section will apply 
 where parishes and contributory places are not co-extensive. 
 
 Complaint 
 by parish 
 council of 
 default of 
 district 
 council. 
 
 Sect. 16. — (1.) Where a parish council resolve that a 
 rural district council ought to have provided the parish 
 with sufficient sewers, or to have maintained existing 
 sewers, or to have provided the parish with a supply of 
 water in cases where danger arises to the health of the 
 inhabitants from the insufficiency or unwholesomeness of 
 the existing supply of water, and a proper supply can be 
 got at a reasonable cost, or to have enforced with regard 
 to the parish any provisions of the Public Health Acts 
 which it is their duty to enforce, and have failed so to do, 
 
 (1) 38 & 39 Vict. c. 55, 
 
 (2) lb. s. 229. 
 
 (3) lb. s. 277.
 
 I.] Powers and Duties vf Par is ft Councils and Meetings. 139 
 
 or that they have failed to maintain and repair any high- 5 6 & 57 vict - 
 way in a good and substantial manner, the parish council c- 73 > s ' i(k 
 may complain to the county council., and the county 
 council, if satisfied after due inquiry that the district 
 council have so failed as respects the subject matter of 
 the complaint, may resolve that the duties and powers of 
 the district council for the purpose of the matter 
 complained of shall be transferred to the county council, 
 and they shall be transferred accordingly. 
 
 (2.) Upon any complaint under this section the county 
 council may, instead of resolving that the duties and 
 ] lowers of the rural district council be transferred to them, 
 make such an order as is mentioned in section two 
 hundred and ninety-nine of the Public Health Act, 1875, 38 & 39 Vict. 
 and may appoint a person to perform the duty mentioned c - °°- 
 in the order, and upon such appointment sections two 
 hundred and ninety-nine to three hundred and two of the 
 Public Health Act, 1875, shall apply with the substitution 
 of the county council for the Local Government Board. 
 
 (3.) Where a rural district council have determined to 
 adopt plans for the sewerage or water supply of any 
 contributory place within the district, they shall give 
 notice thereof to the parish council of any parish for 
 which the works are to be provided before any contract 
 is entered into by them for the execution of the works. 
 
 Note. General duty of district council to exercise their 
 powers. Under the Housing of the Working Classes Act, 
 1885, x it is "the duty of every local authority entrusted with 
 the execution of laws relating to public health and local 
 government to put in force from time to time as occasion may 
 arise, the powers with which they are invested, so as to secure 
 the proper sanitary condition of all premises within the area 
 under the control of such authority." 
 
 Duty of district council as to provision and maintenance of 
 sewers. — The Public Health Act, 1875, 2 provides that every 
 local authority shall keep in repair all sewers belonging to 
 them, and shall cause to be made such sewers as may be 
 necessary for effectually draining their district for the purposes 
 of that Act. The expression "local authority" in that Act 
 means urban sanitary authority and rural sanitary authority, 3 
 and will therefore under the present Act include a rural district 
 council. 
 
 Duty of district council as to water supply. — Sanitary authorities 
 have under the Public Health Act, 1875, 4 extensive powers 
 for supplying water within their districts, and it is their duty 
 
 (1) 48 & 49 Vict. c. 72, s. 7. (3) lb. s. 4. 
 
 (2) 38 & 39 Vict. c. 55, s. 15. (4) lb. ss. 51-57.
 
 140 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, to avail themselves of those powers in certain cases under 
 c. 73, s. 16, n. sect# 2 gg of that Act, quoted below. 1 
 
 A more specific duty as to the supply of water is cast upon 
 rural sanitary authorities by the Public Health Water Act, 
 187 8, 2 which enacts that " it shall be the duty of every rural 
 sanitary authority, regard being had to the provisions in this 
 Act contained, to see that every occupied dwelling-house 
 within their district has within a reasonable distance an 
 available supply of wholesome water sufficient for the con- 
 sumption and use for domestic purposes of the inmates of the 
 house." 
 
 Duty of district council as to highways. — The duty of main- 
 taining such highways in their district as are repairable at 
 public expense will fall on rural district councils as successors 
 of the highway authorities under sect. 25. 
 
 Transfer of powers, &*c, of district council to county council. — 
 As to the consequences of such a transfer of powers, see 
 sect. 63. 
 
 Proceedings under the Public Health Act on default of 
 local authority. — Sect. 299 of the Public Health Act, 1875, 3 
 is as follows : — 
 
 " Where complaint is made to the Local Government Board 
 that a local authority has made default in providing their 
 district with sufficient sewers, or in the maintenance of existing 
 sewers, or in providing their district with a supply of water, in 
 cases where danger arises to the health of the inhabitants from 
 the insufficiency or unwholesomeness of the existing supply of 
 water, and a proper supply can be got at a reasonable cost, or 
 that a local authority has made default in enforcing any pro- 
 visions of this Act which it is their duty to enforce, the Local 
 Government Board, if satisfied, after due inquiry, that the 
 authority has been guilty of the alleged default, shall make an 
 order limiting a time for the performance of their duty in the 
 matter of such complaint. If such duty is not performed by 
 the time limited in the order, such order may be enforced by 
 writ of mandamus, or the Local Government Board may 
 appoint some person to perform such duty, and shall by order 
 direct that the expenses of performing the same, together with 
 a reasonable remuneration to the person appointed for super- 
 intending such performance, and amounting to a sum specified 
 in the order, together with the costs of the proceedings, shall 
 be paid by the authority in default : and any order made for 
 the payment of such expenses and cost may be removed into 
 the Court of Queen's Bench, and be enforced in the same 
 manner as if the same were an order of such Court. 
 
 " Any person appointed under this section to perform the 
 duty of a defaulting local authority shall, in the performance 
 and for the purposes of such duty, be invested with all the 
 
 (1) 38 & 39 Vict. c. 55, s. 299. (3) 3S & 39 Vict. c. 55, s. 299. 
 
 (2) 41 & 42 \ict. c. 25, s. 3.
 
 I.] Powers and Duties of Parish Councils and Meetings. 141 
 
 powers of such authority other than (save as hereinafter pro- 56 & 57 Vict 
 vided) the powers of levying rates ; and the Local Government c - 73> s - l6 > n 
 Board may from time to time by order change any person so 
 appointed." 
 
 Sects. 300-302 of the same Act, 1 make further provisions 
 for the recovery of expenses incurred in performing the duty 
 of a defaulting local authority in the manner prescribed by 
 sect. 299, and provide for the raising and discharge of 
 loans for the purpose of meeting such expenses. 
 
 Sect. 17. — (1.) A parish council may appoint one of Parish 
 
 their number to act as clerk of the council without offi( ? e , rs aml 
 
 , . parish 
 
 remuneration. _ documents. 
 
 (2.) If no member of the parish council is appointed so 
 to act, and there is an assistant overseer, he, or such one 
 of the assistant overseers, if more than one, as may be 
 appointed by the council, shall be the clerk of the parish 
 council, and the performance of his duties as such shall 
 be taken into account in determining his salary. 
 
 (3.) If there is no assistant overseer, the parish council 
 may appoint a collector of poor rates, or some other fit 
 person, to be their clerk, with such remuneration as they 
 may think fit. 
 
 (4.) A parish council shall not appoint to the office of 
 vestry clerk. 
 
 (5.) When a parish council act as a parochial com- 
 mittee by delegation from the district council they shall 
 have the services of the clerk of the district council, 
 unless the dictrict council otherwise direct. 
 
 (6.) The parish council may appoint one of their own 
 number or some other person to act as treasurer without 
 remuneration, and the treasurer shall give such security 
 as may be required by regulations of the county council. 
 
 (7.) All documents required by statute or by standing- 
 orders of Parliament to be deposited with the parish clerk 
 of a rural parish shall, after the election of a parish 
 council, be deposited with the clerk, or, if there is none, 
 with the chairman, of the parish council, and the enact- 
 ments with respect to the inspection of, and taking copies 
 of, and extracts from, any such documents shall apply as 
 if the clerk, or chairman, as the case may be, were 
 mentioned therein. 
 
 (8.) The custody of the registers of baptisms, mar- 
 riages, and burials, and of all other books and documents 
 containing entries wholly or partly relating to the affairs 
 of the church or to ecclesiastical charities, except 
 
 (1) 38 & 39 Vict. c. 55, ss. 300-302.
 
 142 The Local Government Act, 1894. [Part 
 
 56 & 57 Vkt. documents directed by law to be kept with the public 
 c- 73, s. 17- books, writings, and papers of the parish, shall remain as 
 provided by the existing law unaffected by this Act. 
 All other public books, writings, and papers of the 
 parish, and all documents directed by law to be kept 
 therewith, shall either remain in their existing custody, 
 or be deposited in such custody as the parish council 
 may direct. The incumbent and churchwardens on the 
 one part, and the parish council on the other, shall have 
 reasonable access to all such books, documents, writings, 
 and papers, as are referred to in this sub-section, and any 
 difference as to custody or access shall be determined by 
 the county council. 
 
 (9.) Every county council shall from time to time 
 inquire into the manner in which the public books, 
 writings, papers, and documents under the control of the 
 parish council or parish meeting are kept with a view to 
 the proper preservation thereof, and shall make such 
 orders as they think necessary for such preservation, and 
 those orders shall be complied with by the parish council 
 or parish meeting. 
 
 Note. Clerk of parish council. — By sect. Si (2) an existing 
 vestry clerk in a rural parish, appointed under the Vestries Act, 
 1850, is to become the clerk of the parish council, notwithstand- 
 ing that there may be an assistant overseer for the parish. 
 
 ^Vestry Clerk. — In a parish having a population exceeding 
 2000, where there is an order of the Local Government Board 
 or their predecessors in force authorising the appointment, a 
 vestry clerk is to be appointed by the vestry under sect. 6 of 
 the Vestries Act, 1850. 1 The duties of the vestry clerk, which 
 relate in part to charities and affairs of the church, are pre- 
 scribed by sects. 7-9 of that Act. 2 The above-mentioned 
 sections of the Vestries Act, 1850, are repealed by the present 
 Act 3 " so far as they relate to parish meetings under this Act." 
 But by sect. 81 (4) an existing vestry clerk will hold office by 
 the same tenure and upon the same terms and conditions as 
 heretofore. 
 
 The effect of the provisions of the present Act as to the 
 vestry clerk of a rural parish appears to be that an existing 
 vestry clerk will continue to perform the same duties as 
 heretofore, and will, in addition, act as clerk to the parish 
 council ; and that, if the order of the Local Government Board ' 
 or their predecessors authorising the appointment remains in 
 force, the vestry will have the power of making the appointment 
 in future, but that the duties of a vestry clerk appointed in 
 
 (1) 13 & 14 Vict. c. 57, s. 6. (3) See sect. 89, and schedule II. 
 
 (2) lb. ss. 7-9.
 
 L] Powers and Duties of Parish Councils and Meetings; 143 
 
 future for a rural parish will be confined to matters relating to 56 & 57 vic *- 
 the affairs of the church ami to ecclesiastical charities. c - 73> s - l 7> "• 
 
 Deposit of documents with the parish elerk. — The standing 
 orders of Parliament relating to private bills provide for the 
 deposit of documents with parish clerks in certain cases. The 
 Parliamentary Documents Deposit Act, T837, 1 provides that 
 various persons, including parish clerks, with whom documents 
 are directed by the standing orders of Parliament to be 
 deposited, are to receive the same and deal with them in 
 accordance with such orders ; and that all persons interested 
 are to be permitted at all reasonable hours of the day to 
 inspect and copy such documents upon payment to the person 
 in whose custody they are, of " one shilling for every such 
 inspection, and the further sum of one shilling for every hour 
 during which such inspection shall continue after the first hour. 
 and after the rate of sixpence for every one hundred words 
 copied therefrom." 
 
 The Railways Clauses Consolidation Act, 1845 - requires 
 certain plans of railway works to be deposited with parisli 
 clerks and other persons and applies the provisions of the 
 Parliamentary Documents Deposit Act, 1837, to_ the docu- 
 ments so deposited. Similar provisions are contained in the 
 Tramways Act, 1870 3 and in other Acts. 
 
 Custody of parish documents.— -The Vestries Act, 18 18, 4 pro- 
 vides that vestry books "and all rates and assessments, 
 accounts and vouchers of the churchwardens, overseers of the 
 poor, and surveyors of highways, and other parish officers, and 
 all certificates, orders of courts and of justices, and other parish 
 books, documents, writings, and public papers of every parish, 
 except the registry of marriages, baptisms, and burials, shall 
 be kept by such person and persons, and deposited in such 
 place and manner, as the inhabitants in vestry assembled shall 
 direct." The Parochial Offices Act, 1861, 5 enables a depository 
 to be provided for parish documents. 6 
 
 Many statutes require documents of various kinds relating to 
 a parish to be kept or deposited with the parish books and 
 writings ; and such statutes frequently make special provisions 
 as to the inspection and copying of such documents. 
 
 By sect. 38 (3) it is provided that where parishes are grouped, 
 the grouping order is to make provisions preserving the 
 separate rights of each parish as to the custody of documents. 
 
 Sect. 18. — (1.) A county council may, on application Parish 
 by the parish council, or not less than one tenth of the war(Js - 
 parochial electors of a parish, and on being satisfied that 
 the area or population of the parish is so large, or 
 
 (1) 7 Will. IV., and 1 Vict. c. S3. (5) 24 & 25 Vict. c. 125, s. 2. 
 
 (2) 8 & 9 Vict. c. 20, ss. 8, 9. (6) See sect. 6 (1, c. ii.), ol the 
 
 (3) 33 & 34 vict c - 7 S > s - 6 - present Act, and the note to that 
 
 (4) 58 Geo. III. c. 69, s. 6. section, ante, p. 44.
 
 144 The Local Government Act, 1S94. [Part 
 
 56 & 57 Vict, different parts <>t' the population so situated, as to make a 
 c. 73, s. 18. giggle parish meeting for the election of councillors 
 impracticable or inconvenient, or that it is desirable for 
 any reason that certain parts of the parish should be 
 separately represented on the council, order that the 
 parish be divided for the purpose of electing parish 
 councillors into wards, to be called parish wards, with 
 such boundaries and such number of councillors for each 
 ward as may be provided by the order. 
 
 (2.) In the division of a parish into wards regard shall 
 be had to the population according to the last published 
 census for the time being, and to the evidence of any 
 considerable change of population since that census, and 
 to area, and to the distribution and pursuits of the 
 population, and to all the circumstances of the case. 
 
 (3.) Any such order may be revoked or varied by the 
 county council on application by either the council or 
 not less than one tenth of the parochial electors of the 
 parish, but while in force shall have effect as if enacted 
 by this Act. 
 
 (4.) In a parish divided into parish wards there shall 
 be a separate election of parish councillors for each ward. 
 
 Note. Parish 7>. s - J 9> a- 
 a parish meeting the capacity of contracting or of suing or 
 being sued. Yet by sub-sect. (10) of the present section a 
 parish meeting may have functions conferred on it to the dis- 
 charge of which capacities of the kind seem almost essential ; 
 and certain sections of the Act x contemplate that in some 
 cases at all events a parish meeting will be bound by contract, 
 and be capable of suing and being sued. 
 
 Chairman of parish meeting. — No qualification is exDressly 
 required for this office, but it seems to be implied by sub- 
 sect, (n), which speaks of the chairman and two other 
 parochial electors, that the chairman must be a parochial 
 elector of the parish. Seeing that express provisions are made 
 authorising women to hold other offices under the Act, while 
 no such provision is made as regards the office of chairman of 
 a parish meeting appointed under the present section, it may be 
 that a woman will be ineligible for the office. It is remark- 
 able that the provisions of sect. 46, disqualifying various 
 persons for other offices under the present Act, do not apply 
 to the chairman of a parish meeting appointed under the 
 present section. 
 
 The first chairman of a parish meeting appointed under the 
 section will, under sect. 78 (3), hold office till April, 1896. 
 Provisions for filling a casual vacancy in the office are con- 
 tained in sect. 47 (4). And by the first schedule, part i. (10), 
 a temporary chairman may be appointed by a parish meeting 
 if the regular chairman is absent, or unable or unwilling to act. 
 
 Transfer of powers, o>r., of vestry. — -With regard to the effect 
 of a transfer of functions under the present Act, and as to the 
 functions of the vestry, see the note to sect. 6, ante, pp. 28-33. 
 The expressions " affairs of the church " and " ecclesiastical 
 charity " are defined in sect. 75 (2). 
 
 Appointment of overseers and assistant overseers, &°c. — As to 
 the appointment, etc., of these officers, see the note to sect. 5, 
 ante. 
 
 Appointment of charity trustees. — As to the appointment of 
 trustees of a charity by the parish council in place of overseers or 
 churchwardens, see sect. 14, and the note to that section, ante. 
 
 Instrtiment executed by chairman and overseers. — As to how 
 far it is necessary that the contracts of a corporate body should 
 be entered into with due formality, see the note to sect. 3, 
 ante, pp. 13-16. 
 
 Parish property. — As to the legal interest in parish property, 
 see sect. 5 (2, c), and the note to that section, ante, p. 25. 
 
 Highways. — As to the functions of the parish meeting in 
 relation to the stopping and diversion of highways, and other- 
 wise as to highways, see sect. 13, and the note to that section. 
 
 Complaint to county council. — As to a complaint to the county 
 
 (1) See sects. 53, 67, 88. 
 
 L 2
 
 148 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, council of default by a district council, see sects. 16 and 26, 
 c 73> s - '9j "• and the notes to those sections. 
 
 Expenditure of parish meeting. — With regard to the expendi- 
 ture of local authorities generally, the method of raising funds 
 to defray the expenses of the parish meeting, and the meaning 
 of the expression " local financial year," see sect, n, and the 
 note to that section. 
 
 It will be observed that there is a marked difference between 
 the language of sub-sect. (9) of the present section and that of 
 sub-sect. (3) of sect, n, which limits the expenditure of the 
 parish council. 
 
 In the first place, for the purposes of the limit on the ex- 
 penditure of a parish council, expenses under the adoptive 
 Acts are excluded, while in the case of the parish meeting 
 under the present section they are included. Secondly, the 
 parish council may raise a contribution equal to 6d. in the 
 pound on the rateable value of their parish, while the parish 
 meeting are restricted to the amount that a rate of 6d. in the 
 pound will actually produce. The two amounts may obviously 
 differ considerably. 1 
 
 A difficulty arises as to the amount that a parish meeting 
 may raise under sub-sect. (9), where the Lighting and Watching 
 Act, 1833, 2 or the Public Libraries Act, i892, :! has been 
 adopted. To meet the expenses under these Acts rates are 
 levied at different amounts in the pound on different kinds of 
 property, 4 and it is not clear whether a rate under either of 
 these Acts should, for the purpose of sub-sect. (9), be taken at 
 its higher or lower amount. For example, if a rate at id. in 
 the pound on land, and at $d. in the pound on other classes of 
 property, be levied in the parish under the Lighting and 
 Watching Act, it is not clear whether, for the purposes of the 
 parish meeting, another $d. in the pound could be levied or 
 only another 3d. 
 
 It is difficult also to understand the operation of sub-sect. (9) 
 where the parish is grouped. It can hardly be intended that 
 the parish council, and the parish meeting through their chair- 
 man, should each have power to levy rates up to the full limit ; 
 as in that case a grouped parish might be saddled with a rate 
 of is. in the pound, or even slightly more, for parochial pur- 
 poses under the present Act, while in a parish not grouped the 
 rate could only slightly exceed 6d. in the pound. 
 
 Instrument executed bv chairman and parochial electors. — 
 Under the first schedule, part iii. (4), an instrument purporting 
 to be executed in the manner provided by sub-sect. (11) is, 
 until the contrary is proved, to be deemed to have been duly 
 so executed. 
 
 (1) See Ex parte Brown, Re (2) 3 & 4 Will. IV. c. 90. 
 
 Liverpool Corporation (1862), 31 (3) S5 <^ 56 Vict. c. 53. 
 
 L. J. M. C. 108. (4) See ante, pp. 66, 81.
 
 II.] Guardians and District Councils. 149 
 
 56 & 57 Vict, 
 c. 73, s. 20. 
 
 PAET II. 
 
 Guardians and District Councils. 
 
 Sect. 20. — As from the appointed clay the following Election and 
 provisions shall apply to boards of guardians : — qualification 
 
 (1.) There shall be no ex-officio or nominated of guardians, 
 guardians : 
 
 (2.) A person shall not be qualified to be elected or to 
 be a guardian for a poor law union unless he is 
 a parochial elector of some parish within the 
 union, or has during the whole of the twelve 
 months preceding the election resided in the 
 union, or in the case of a guardian for a parish 
 wholly or partly situate within the area of a 
 borough, whether a county borough or not, is 
 qualified to be elected a councillor for that 
 borough, and no person shall be disqualified by 
 sex or marriage for being elected or being a 
 guardian. So much of any enactment, whether 
 in a public general or local and personal Act, 
 as relates to the qualification of a guardian 
 shall be repealed : 
 
 (3.) The parochial electors of a parish shall be the 
 electors of the guardians for the parish, and, if 
 the parish is divided into wards for the election 
 of guardians, the electors of the guardians for 
 each ward shall be such of the parochial 
 electors as are registered in respect of qualifica- 
 tions within the ward : 
 
 (4.) Each elector may give one vote and no more for 
 each of any number of persons not exceeding 
 the number to be elected : 
 
 (5.) The election shall, subject to the provisions of 
 this Act, be conducted according to rules framed 
 under this Act bv the Local Government 
 Board : 
 
 (6.) The term of office of a guardian shall be three 
 years, and one third, as nearly as may be, of 
 every board of guardians shall go out of office
 
 150 T/ie Local Government Act, 1894. [Part 
 
 56 & 57 Vict. 
 
 c. 73, s. 20. on the fifteenth day of April in each year, and 
 
 their places shall be filled by the newly elected 
 
 guardians. Provided as follows : — 
 
 (a.) Where the county council on the application of 
 
 the board of guardians of any union in their 
 
 county consider that it would be expedient 
 
 to provide for the simultaneous retirement 
 
 of the whole of the board' of guardians for the 
 
 union, they may direct that the members of 
 
 the board of guardians for that union shall 
 
 retire together on the fifteenth day of April 
 
 in every third year, and such order shall have 
 
 full effect, and where a union is in more than 
 
 one county, an order may be made by a joint 
 
 committee of the councils of those counties ; 
 
 (b.) Where at the passing of this Act the whole of 
 
 the guardians of any union, in pursuance of 
 
 an order of the Local Government Board, 
 
 retire together at the end of every third year, 
 
 they shall continue so to retire, unless the 
 
 county council, or a joint committee of the 
 
 county councils, on the application of the 
 
 board of guardians or of any district council 
 
 of a district wholly or partially within the 
 
 union, otherwise direct : 
 
 (7.) A board of guardians may elect a chairman or 
 
 vice-chairman or both, and not more than two 
 
 other persons, from outside their own body, but 
 
 from persons qualified to be guardians of the 
 
 union, and any person so elected shall be an 
 
 additional guardian and member of the board. 
 
 Provided that on the first election, if a sufficient 
 
 number of persons who have been ex-officio or 
 
 nominated guardians of the union, and have 
 
 actually served as such, are willing to serve, 
 
 the additional members shall be elected from 
 
 among those persons. 
 
 Note. Guardians. — The provisions of the present section 
 apply in London and in county boroughs, and to all boards of 
 guardians whether elected for a union or for a single parish, and 
 whether under the general law or local Acts. 1 But sect. 60 (6) 
 contains a saving as to the board of guardians of the Oxford 
 union. 
 
 (1) See sect. 30, and the definition s. 100, rendered applicable to the 
 
 of the expression " guardians " con- present Act by sect. 75 (2) and 
 
 taned in the Local Government cjuoted in the note to that section. 
 Act, 1888 (51 & 52 Vict. c. 41)
 
 II.] Guardians and District Councils. 151 
 
 Under sect. 24 (3), guardians as such are not to be elected 56 & 57 Vict. 
 for a parish or other area in a rural district, but the district c - 73- s - 2 °> n - 
 councillors for such a parish or area are to be the representa- 
 tives of that parish or area on the board of guardians, and 
 when acting in that capacity are to be deemed to be guardians 
 of the poor. 
 
 As to the election of guardians generally, see sect. 48, and 
 the note to that section. As to the first election of guardians 
 under the present Act, the term of office of the guardians 
 elected at the first election, &c, see sect. 79. 
 
 Qualification for the office. — A difficulty will arise in the case 
 of a rural county district extending into more unions than 
 one ; inasmuch as a person may in such a case be qualified to 
 be a district councillor under sect. 24, and yet not qualified to 
 be a guardian for the area he represents on the district council. 
 For example, if there were a rural district comprising two 
 parishes, a and b, and a were in the A union, and b in the 
 B union, a parochial elector of a would be qualified to be a 
 rural district councillor for b, but he would not be qualified to 
 be a guardian for b. 
 
 With regard to the nature of a residential qualification, see 
 ante, pp. 8-12. 
 
 As to the qualification for election to the office of borough 
 councillor, see sects, n and 12 of the Municipal Corporations 
 Act, 1882. 1 A woman is disqualified for election as borough 
 councillor; 2 and whether a woman who, if she were a man, would 
 be qualified for election as a borough councillor, would thereby 
 be qualified to be a guardian for any parish in the borough 
 under the present section is not clear. 
 
 With regard to disqualifications for the office of guardian, 
 see sect. 46, and the note to that section. 
 
 Number of guardians, d>v. — Sect. 60 contains provisions 
 enabling county and county borough councils to fix and alter 
 the number of guardians or rural district councillors to be 
 elected for the several parishes in a union, to unite and divide 
 parishes for the purposes of such elections, and to make 
 arrangements, where it is necessary, to provide for the retire- 
 ment of guardians and rural district councillors by thirds. 
 Where a parish is divided by the Act into two or more new 
 parishes, there is, by sect. 79 (2), subject to any order made 
 by the county council, to be one guardian for each of such 
 new parishes. Subject to these provisions, and to any adjust- 
 ments of area that may be made, any parish or other area at 
 present electing any number of guardians will under the Act 
 elect the same number of guardians, or rural district councillors, 
 as the case may be. 
 
 Chairman and vice-chairman. — Further provisions authorising 
 
 (1) 45 & 46 Vict. c. 50, ss. 11, (18S9), 23 Q. B. D. 79; 58 L. J. 
 12. Q. B. 316; 61 L. T. 150; 37 
 
 (2) Beresford Hope v. Sandhurst W. R. 548 ; 55 J. P. 805.
 
 152 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, the appointment of a chairman and vice-chairman by a board 
 c. 73, s. 20, n. of guardians are contained in sect. 59. 
 
 Names of 
 county 
 districts and 
 district 
 councils. 
 
 Sect. 21. — As from the appointed day, — 
 
 (1.) Urban sanitary authorities shall be called urban 
 district councils, and their districts shall be 
 called urban districts ; but nothing in this sec- 
 tion shall alter the style or title of the corpo- 
 ration or council of a borough : 
 
 (2.) For every rural sanitary district there shall be a 
 rural district council whose district shall be 
 called a rural district : 
 
 (3.) In this and every other Act of Parliament, unless 
 the context otherwise requires, the expression 
 " district council " shall include the council of 
 every urban district, whether a borough or not, 
 and of every rural district, and the expression 
 " county district " shall include every urban 
 and rural district whether a borough or not. 
 
 Note. Urban district councils. — By sect. 35 the present 
 part of the Act does not, save where specially provided, apply 
 to a county borough. 1 A county borough, therefore, will not 
 be an urban district, nor its council a district council, within 
 the meaning of the present Act. To put it otherwise, the 
 expressions urban district and county district are not equivalent 
 in meaning to urban sanitary district and sanitary district, but 
 mean respectively an urban sanitary district and a sanitary 
 district other than a county borough ; and the expressions 
 "district council" and "urban district council" have corre- 
 sponding meanings. 
 
 A provision preserving the continuity of existence of an 
 urban sanitary authority, notwithstanding its transformation 
 into an urban district council, is contained in sect. 85 (5). 
 
 Rural district councils. — Unlike urban district councils, 
 rural district councils are to be new bodies taking their functions 
 from existing authorities by transfer. 
 
 Chairman of Sect. 22. — The chairman of a district council unless 
 council to be a woman or personally disqualified by any Act shall be 
 by virtue of his office justice of the peace for the county 
 in which the district is situate, but before acting as such 
 justice he shall, if he has not already done so, take the 
 oaths required by law to be taken by a justice of the 
 peace other than the oath respecting the qualification by 
 estate. 
 
 justice. 
 
 (6) As to county boroughs, see 
 the note to sect. 50 of the Local 
 
 Government Act, 188S (51 & 52 
 Vict. c. 41) in the Appendix.
 
 II.] Guardians and District Councils. 153 
 
 Sect. 23. — As from the appointed day, where an urban 5 6 & 57 v 'ct 
 district is not a borough — c> 73 ' s - 2 3- 
 
 (1.) There shall be no ex-officio or nominated members Constitution 
 of the urban sanitary authority : councils^ 
 
 (2.) A person shall not be qualified to be elected or to urD an 
 
 be a councillor unless he is a parochial elector districts not 
 of some parish within the district, or has during being 
 the -whole of the twelve months preceding the borou g ns - 
 election resided in the district, and no person 
 shall be disqualified by sex or marriage for 
 being elected or being a councillor. So much 
 of any enactment whether in a public general 
 or local and personal Act as relates to the 
 qualification of a member of an urban sanitary 
 authority shall be repealed : 
 
 (3.) The parochial electors of the parishes in the dis- 
 trict shall be the electors of the councillors of 
 the district,, and, if the district is divided into 
 wards, the electors of the councillors for each 
 ward shall be such of the parochial electors as 
 are registered in respect of qualifications within 
 the ward : 
 
 (4.) Each elector may give one vote and no more for 
 each of any number of persons not exceeding 
 the number to be elected : 
 
 (5.) The election shall, subject to the provisions of this 
 Act, be conducted according to rules framed 
 under this Act by the Local Government 
 Board : 
 
 (6.) The term of office of a councillor shall be three 
 years, and one-third, as nearly as may be, of the 
 council, and if the district is divided into wards 
 one-third, as nearly as may be, of the councillors 
 for each ward, shall go out of office on the 
 fifteenth day of April in each year, and their 
 places shall be filled by the newly-elected 
 councillors. Provided that a county council 
 may on request made by a resolution of an 
 urban district council, passed by two-thirds of 
 the members voting on the resolution, direct 
 that the members of such council shall retire 
 together on the fifteenth day of April in every 
 third year, and such order shall have full 
 effect. 
 
 Note. Urban district councils. — With regard to the nature 
 of a residential qualification, see ante, pp. 8-12. Sect 46 con-
 
 154 The Local Government Act, 1894. [Part 
 
 56 \ 57 Vict, tains provisions disqualifying certain persons for membership of 
 c - 73; s - 2 3> n - an urban district council. As to the election of urban district 
 
 councillors generally, see sect. 48, and the note to that section. 
 
 And as to the first election, the coming into office, &c. , of 
 
 the first district councillors elected under the Act, see sect. 84. 
 
 A saving with regard to the Aldershot local board is contained 
 
 in sect. 59 (6). 
 
 Rural Sect. 24. — (1.) The district council of every rural 
 
 district district shall consist of a chairman and councillors, and 
 
 councils. .^g counc iH ors shall be elected by the parishes or other 
 areas for the election of guardians in the district. 
 
 (2.) The number of councillors for each parish or other 
 area in a rural district shall be the same as the number 
 of guardians for that parish or area. 
 
 (3.) The district councillors for any parish or other 
 area in a rural district shall be the representatives of 
 that parish or area on the board of guardians, and -when 
 acting in that capacity shall be deemed to be guardians 
 of the poor, and guardians as such shall not be elected 
 for that parish or area. 
 
 (4.) The provisions of this Act with respect to the 
 qualification, election, and term of office and retirement 
 of guardians, and to the qualification of the chairman of 
 the board of guardians, shall apply to district councillors 
 and to the chairman of the district council of a rural 
 district, and any person qualified to be a guardian for a 
 union comprising the district shall be qualified to be a 
 district councillor for the district. 
 
 (5.) Where a rural sanitary district is on the appointed 
 day situate in more than one administrative county, such 
 portion thereof as is situate in each administrative county 
 shall, save as otherwise provided by or in pursuance of 
 this or any other Act, be as from the appointed day a 
 rural district ; 
 
 Provided that where the number of councillors of any 
 such district will be less than five, the provisions, so far 
 38 & 39 Vict, as unrepealed, of section nine of the Public Health Act, 
 c. 55. 1875, with respect to the nomination of persons to make 
 
 up the members of a rural authority to five, shall apply, 
 unless the Local Government Board by order direct that 
 the affairs of the district shall be temporarily administered 
 by the district council of an adjoining district in another 
 county with which it was united before the appointed 
 day, and, if they so direct, the councillors of the district 
 shall be entitled, so far as regards those affairs, to sit and 
 act as members of that district council, but a separate
 
 II.] Guardians and District Councils. 155 
 
 account shall be kept of receipts and expenses in respect 5 6 & 57 Vict, 
 of the district, and the same shall be credited or charged c - 73 > s - 24> 
 separately to the district. 
 
 (6.) The said provisions of section nine of the Public 
 Health Act, J 875, shall apply to the district council of a 
 rural district to which they apply at the passing of this 
 Act. 
 
 (7.) Every district council for a rural district shall be 
 a body corporate by the name of the district council, 
 with the addition of the name of the district, or if there 
 is any doubt as to the latter name, of such name as the 
 county council direct, and shall have perpetual suc- 
 cession and a common seal, and may hold land for the 
 purposes of their powers and duties without licence in 
 mortmain. 
 
 Note. Rural district councils. — As to the number, qualifi- 
 cation, &c, of guardians, see sect. 20, and the note to that 
 section. 
 
 Rural district in two counties. — With regard to the power of 
 the county councils interested to deal with cases in which a rural 
 sanitary district is situate in more than one county, or in which 
 a rural sanitary district has less than five elective guardians 
 capable of acting and voting as members of the sanitary 
 authority, see sect. 36, and the note to that section. 
 
 The provisions of sect. 9 of the Public Health Act, 1875, l 
 referred to in sub-sects. (5) and (6), with the omission of the 
 portions repealed by the present Act, are as follows : — 
 
 " Where the number of elective guardians who are not by 
 this section disqualified from acting and voting as members of 
 the rural authority is less than five, the Local Government 
 Board may from time to time by order nominate such number 
 of persons as may be necessary to make up that number . . . 
 and the persons so nominated shall be entitled to act and 
 vote as members of the rural authority but not further or other- 
 wise." 
 
 Sect. 25.— (1.) As from the appointed day, there shall Powers of 
 be transferred to the district council of every rural d ^ fc "^ with 
 district all the powers, duties, and liabilities of the rural resl , ec t to 
 sanitary authority in the district, and of any highway sanitary and 
 authority in the district, and highway boards shall cease highway 
 to exist, and rural district councils shall be the successors matters - 
 of the rural sanitary authority and highway authority, 
 and shall also have as respects highways all the powers, 
 duties, and liabilities of an urban sanitary authority 
 under sections one hundred and forty-four to one hundred 
 
 (1) 38 & 39 Vict. c. 55, s. 9.
 
 156 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, and forty-eight of the Public Health Act, 1875, and 
 38 7 &39^V : tnose sections shall apply in the case of a rural district 
 ,7 ^ ' ' ' and of the council thereof in like manner as in the case 
 of an urban district and an urban authority. Provided 
 that the council of any county may by order postpone 
 within their county or any part thereof the operation of 
 this section, so far as it relates to highways, for a term 
 not exceeding three years from the appointed day or such 
 further period as the Local Government Board may on 
 the application of such council allow. 
 
 (2.) Where a highway repairable ratione tenurae 
 appears on the report of a competent surveyor not to 
 be in proper repair, and the person liable to repair the 
 same fails when requested so to do by the district council 
 to place it in proper repair, the district council may place 
 the highway iu proper repair, and recover from the person 
 liable to repair the highway the necessary expenses of so 
 doing. 
 
 (3.) Where a highway authority receives any contribu- 
 tion from the county council towards the cost of any 
 highway under section eleven, sub-section (10), of the 
 51 & 52 Vict, Local Government Act, 1888, such contribution may 
 c - 41 - be made, subject to any such conditions for the proper 
 
 maintenance and repair of such highways, as may be 
 agreed on between the county council and the highway 
 authority. 
 
 (4.) AVhere the council of a rural district become the 
 highway authority for that district, any excluded part of 
 a parish under section two hundred and sixteen of the 
 Public Health Act, 1875, which is situate in that district, 
 shall cease to be part of any urban district for the 
 purpose of highways, but until the council become the 
 highway authority such excluded part of a parish shall 
 continue subject to the said section. 
 
 (5.) Rural district councils shall also have such powers, 
 duties, and liabilities of urban sanitary authorities under 
 the Public Health Acts or any other Act, and such 
 provisions of any of those Acts relating to urban districts 
 shall apply to rural districts, as the Local Government 
 Board by general order direct. 
 
 (6.) The power to make such general orders shall be in 
 addition to and not in substitution for the powers con- 
 ferred on the Board by section two hundred and seventy- 
 six of the Public Health Act, 1875, or by any enactment 
 applying that section ; and every order made by the 
 Local Government Board under this section shall be 
 forthwith laid before Parliament.
 
 II.] Guardians and District Councils. 157 
 
 (7.) The powers conferred on the Local Government 5 6 & 57 vi ct. 
 Board by the said section two hundred and seventy-six, c - 73, s- 2 5- 
 or by any enactment applying that section, may be 
 exercised on the application of a county council, or with 
 respect to any parish or part of a parish on the applica- 
 tion of the parish council of that parish. 
 
 Note. Transfer of powers, duties and liabilities. — Definitions 
 of the several terms "powers," "duties," and " liabilities," and 
 of the expression " powers, duties, and liabilities," applicable to 
 the interpretation of the Act will be found in the note to 
 sect. 75. 
 
 Sect. 67 provides for the manner in which, where powers 
 and duties are transferred from one authority to another, pro- 
 perty, debts, and liabilities connected with such powers and 
 duties shall also be transferred. By sect. 70 provision is made 
 for the summary determination of any question as to whether 
 any functions are transferred by or under the Act to a district 
 council, or as to whether any property is or is not vested in a 
 district council. Sects. 85-88 contain savings for pending 
 legal proceedings, existing debts, securities, contracts, bye-laws, 
 and the like. And by sect. 86 (2) it is made the duty of every 
 authority, whose functions are transferred by the Act, to liquidate 
 as far as practicable, before the appointed day, all current 
 debts and liabilities incurred by such authority. 
 
 Powers, &>c, of district council as to highways. — A general 
 sketch of the scheme of the present Act as to highways will be 
 found in the note to sect. 13, ante, where a list is given of the 
 various kinds of highway authorities. Sect. 144 of the Public 
 Health Act, 1875, x invests an urban sanitary authority not only 
 with the functions of surveyors of highways, but also with all 
 the functions of the vestry under the Highway Act, 1835, 2 and 
 the amending Acts. The effect of the present section will, 
 therefore, be to transfer to a rural district council not only the 
 functions of the highway authorities within their district, but 
 also the functions of the vestries of the several highway parishes. 
 It is to be observed that the functions of a district council as 
 to highways in different parts of their district may differ, 
 according as such parts of the district may on the appointed 
 day have been under one kind of highway authority or an- 
 other. 
 
 Postponement of operation of section as regards highways. — ■ 
 Certain provisions with regard to the effect of an order of a 
 county council postponing the operation of the present section 
 as regards highways are contained in sects. 82 (2) and 84. 
 
 Sect. 26. — (1.) It shall be the duty of every district Duties and 
 council to protect all public rights of way, and to prevent powers of 
 as far as possible the stopping or obstruction of any such Council as 
 (1) 38 & 39 Vict. c. 55, s. 144. (2) 5 & 6 Will. IV. c. 50.
 
 i58 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict. 
 c. 73, s. 26. 
 
 to rights of 
 way, rights 
 of common, 
 and roadside 
 wastes. 
 
 39 & 40 Vict. 
 c. 56. 
 
 right of way, whether within their district or in an 
 adjoining district in the county or counties in which the 
 district is situate, where the stoppage or obstruction 
 thereof would in their opinion be prejudicial to the 
 interests of their district, and to prevent any unlaw- 
 ful encroachment on any roadside waste within their 
 district. 
 
 (2.) A district council may with the consent of the 
 county council for the county within which any common 
 land is situate aid persons in maintaining rights of 
 common where, in the opinion of the council, the ex- 
 tinction of such rights would be prejudicial to the 
 inhabitants of the district ; and may with the like 
 consent exercise in relation to any common within their 
 district all such powers as may, under section eight of 
 the Commons Act, 1876, be exercised by an urban 
 sanitary authority in relation to any common referred to 
 in that section ; and notice of any application to the 
 Board of Agriculture in relation to any common within 
 their district shall be served upon the district council. 
 
 (3.) A district council may, for the purpose of carry- 
 ing into effect this section, institute or defend any legal 
 proceedings, and generally take such steps as they deem 
 expedient. 
 
 (4.) Where a parish council have represented to the 
 district council that any public right of way within the 
 district or an adjoining district in the county or counties 
 in which the district is situate has been unlawfully 
 stopped or obstructed, or that an unlawful encroach- 
 ment has taken place on any roadside waste within the 
 district, it shall be the duty of the district council, unless 
 satisfied that the allegations of such representation are 
 incorrect, to take proper proceedings accordingly ; and 
 if the district council refuse or fail to take any proceed- 
 ings in consequence of such representation, the parish 
 council may petition the county council for the county 
 within which the way or waste is situate, and if that 
 council so resolve the powers and duties of the district 
 council under this section shall be transferred to the 
 county council. 
 
 (5.) Any proceedings or steps taken by a district 
 council or county council in relation to any alleged 
 right of way shall not be deemed to be unauthorised by 
 reason only of such right of way not being found to 
 exist. 
 
 (6.) Nothing in this section shall affect the powers of 
 the county council in relation to roadside wastes.
 
 II.] Guardians and District Councils. 159 
 
 (7.) Nothing in this section shall prejudice any powers 5 6 & 57 Vict, 
 exerciseable by an urban sanitary authority at the passing c : "3. s - 26 - 
 of this Act, and the council of every county borough 
 shall have the additional powers conferred on a district 
 council by this section. 
 
 Note. Roadside wastes. — The language of the present 
 section might easily lead to misconception of the law with 
 regard to roadside wastes. It seems to suggest that any 
 enclosure of a roadside waste, whether a highway is thereby 
 obstructed or not, is an infringement on the rights of the 
 public and is accordingly unlawful. Such is not the case. The 
 owner of waste land at the side of, but not forming part of, a 
 highway is entitled to deal with it as freely as with any other 
 land belonging to him. A strip of waste land at the side of a 
 road may, however, form part of the highway, and in that case 
 any person, whether owner of the soil or not, who encroaches 
 on it, obstructs the highway, and is liable to criminal pro- 
 ceedings accordingly. 
 
 Whether a strip of waste at the side of a road is part of the 
 highway or not is a question of fact to be decided with due 
 regard to the evidence in each case. With regard to the 
 presumption where there is no positive evidence, Martin, B., 
 directed a jury as follows : — " In the case of an ordinary high- 
 way, although it may be of a varying and unequal width, 
 running between fences one on each side, the right of passage 
 or way prima facie, and unless there be evidence to the con- 
 trary, extends to the whole space between the fences, and the 
 public are entitled to the use of the entire of it as the highway, 
 and are not confined to the part which may be metalled or 
 kept in repair for the more convenient use of carriages or foot- 
 passengers."' A new trial was afterwards moved for on the 
 ground of misdirection, but was refused ; and Crompton, J., 
 delivering the judgment of the Court, said that the direction 
 seemed to the Court very proper, and he added : — " It was 
 said that that would apply to cases where there is a highway 
 open to a considerable green sward or land which may be 
 enclosed by the lord of the manor, if connected with the waste, 
 or by the land-owner, if it belongs to the land-owner, and that 
 the direction to the jury would take in a place of that kind 
 which is really not a part of the highway. But I own it strikes 
 me that my Brother Martin guards carefully against that. He 
 speaks of an ordinary highway running between fences." x 
 
 The provision in sub-sect. (6) relates to roadside wastes at the 
 sides of main roads. 2 
 
 (1) Reg. v. United Kingdom Elec- Act, 18S8 (5.1 & 52 Vict. c. ai), 
 trie Telegraph Co. (1862), 9 Cox C.C. s. II; and see also Curtis v. Kest- 
 137, 174 ; 31 L. J. M. C. 166 ; 6 even {comity council) (1890), 45 
 L. T. 378; 8 Jur. (n.s.) 1 153 ; 10 Gh. D. 504; 60 L. T. Ch. 103; 63 
 W R. 538. L. T. 543 ; 39 W. R. 199. 
 
 (2) See the Local Government
 
 i6o 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c. 73, s. 26, n, 
 
 Transfer of 
 certain 
 powers of 
 iustices to 
 district 
 councils. 
 
 Commons. — Under sect. S of the Commons Act, 1876, 1 an 
 urban authority are, in certain cases, entitled to appear at a 
 local inquiry ' held with regard to a proposal under the 
 Inclosure Acts for the inclosure or regulation of a common 
 in, or in the neighbourhood of, their district; are enabled 
 themselves in certain cases to apply for a provisional order 
 for the regulation of such a common ; and are empowered to 
 take various steps with a view to securing the benefit of the 
 common to the inhabitants of their district. A brief sketch of 
 the procedure for the inclosure or regulation of a common 
 under the Inclosure Acts will be found, ante, p. 51. 
 
 Transfer of powers, etc., of district council to county council. — 
 With regard to the consequences of such a transfer, see 
 sect. 63. 
 
 Sect. 27. — (1.) As from the appointed day the powers, 
 duties, and liabilities of justices out of session in relation 
 to any of the matters following, that is to say, — 
 
 (a) the licensing of gang masters ; 
 
 (I) the grant of pawnbrokers' certificates 
 
 (c) 
 
 (d) 
 
 the licensing of dealers in game 
 
 the grant of licenses for passage brokers and 
 emigrant runners ; 
 (e) the abolition of fairs and alteration of days for 
 
 holding fairs ; 
 (/) the execution as the local authority of the Acts 
 relating to petroleum and infant life protection ; 
 when arising within a county district, shall be transferred 
 to the district council of the district. 
 
 (2.) As from the appointed day, the powers, duties, and 
 liabilities of quarter sessions in relation to the licensing 
 of knackers' yards within a county district shall be 
 transferred to the district council of the district. 
 
 (3.) All fees payable in respect of the powers, duties, 
 and liabilities transferred by this section shall be payable 
 to the district council. 
 
 Note. Transferred fowers. — The enactments relating to the 
 powers and duties transferred by the present section to district 
 councils, with the exception of the Acts relating to petroleum, 
 will be found in the second Appendix, post. The Acts 
 relating to petroleum 2 have been omitted from the present 
 work partly on account of their considerable length, and partly 
 because, in view of the fact that urban sanitary authorities in 
 most cases already act as local authorities in the execution of 
 
 (1) 39 & 40 Vict. c. 56, s. 8. 
 
 (2) The Petroleum Act, 1871 
 (34 & 35 Vict - c - I0 5)> the Pe^o- 
 leum Act, 1879 (4 2 & 43 Vict - 
 
 c. 47), and the Petroleum (Hawk- 
 ers') Act, 1881 (44 & 45 vict - 
 c. 67).
 
 II.] Guardians and District Councils. 161 
 
 their provisions, they are included in the standard text books 56 & 57 Vict. 
 on the law relating to public health. 1 c> 73. s. 27,11. 
 
 By sect. 32 the present section applies to a county borough 
 as if it were an urban district and the borough council were the 
 district council. 
 
 Sect. 28. — The expenses incurred by the council of an Expenses 
 urban district in the execution of the additional powers [j^jS 11 
 conferred on the council by this Act shall, subject to the coun J,{] # 
 provisions of this Act, be defrayed in a borough out of 
 the borough fund or rate, and in any other case out of 
 the district fund and general district rate or other fund 
 applicable towards defraying the expenses of the execu- 38 & 39 Vict. 
 tion of the Public Health Act, 1875. c - 55 - 
 
 Sect. 29. — The expenses incurred by the council of a Expenses of 
 rural district shall, subject to the provisions of this Act, ™™ c J strict 
 be defrayed in manner directed by the Public Health 
 Act, 1875, with respect to expenses incurred in the 
 execution of that Act by a rural sanitary authority, and 
 the provisions of the Public Health Acts with respect to 
 those expenses shall apply accordingly. 
 Provided as follows: — 
 (a.) Any highway expenses shall be defrayed as general 
 
 expenses : 
 (&.) When the Local Government Board determine any 
 expenses under this Act to be special expenses 
 and a separate charge on any contributory place, 
 and such expenses would if not separately 
 chargeable on a contributory place be raised as 
 general expenses, they may further direct that 
 such special expenses shall be raised in like 
 manner as general expenses, and not by such 
 separate rate for special expenses as is mentioned 
 in section two hundred and thirty of the Public 
 Health Act, 1875 : 38 & 39 Vict - 
 
 (c.) A district council shall have the same power of c * 5 ■ 
 charging highway expenses under exceptional 
 circumstances on a contributory place as a high- 
 way board has in respect of any area under 
 section seven of the Highways and Locomotives 41 & 42 Vict. 
 (Amendment) Act, 1878 : °- ? 7 - 
 
 (d.) Where highway expenses would, if this Act had 
 not passed, have been in whole or in part 
 defrayed in any parish or other area out of any 
 property or funds other than rates, the district 
 council shall make such provision as will give 
 
 (1) See Glen's " Law of Public Health." 
 
 M
 
 162 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. to that parish or area the benefit of such 
 
 c. 73, s. 29. property or funds by way of reduction of the 
 
 rates on the parish or area. 
 
 Note. Highway expenses. — Sect. 7 of the Highways and 
 Locomotives (Amendment) Act, 1878, 1 provides that "if a 
 highway board think it just, by reason of natural differences 
 of soil or locality, or other exceptional circumstances, that any 
 parish or parishes within their district should bear the expenses 
 of maintaining its or their own highways, they may (with the 
 approval of the county authority or authorities 2 of the county 
 or counties within which their district, or any part thereof, is 
 situate) divide their district into two or more parts, and charge 
 exclusively on each of such parts the expenses payable by such 
 highway board in respect of maintaining and keeping in repair 
 the highways situate in each such part ; so, nevertheless, that 
 each such part shall consist of one or more highway parish or 
 highway parishes." 
 
 It is submitted that, where under this enactment as applied 
 by sub-clause (c) of the present section a district council charge 
 highway expenses on a contributory place, such expenses must 
 be paid as part of the contribution of the place to the general 
 expenses of the district council, and not as special expenses, 
 and will therefore ultimately fall on the poor rate and not on a 
 separate rate under sect. 230 of the Public Health Act, 1875. 3 
 
 Sect. 82 (1) contains provisions under which, where the 
 control of a highway in a highway parish is transferred to the 
 district council by the present Act, the expenses of putting the 
 highway into proper repair in the first instance may, in certain 
 cases, be charged on such highway parish. 
 
 Guardians in Sect. 30. — The provisions of this Part of this Act 
 
 London and respecting guardians shall apply to the administrative 
 
 boroughs county of London and to every county borough. 
 
 Provisions Sect - 31. — (1.) The provisions of this Act with respect 
 
 as to London to the qualification of the electors of urban district 
 
 vestries and councillors, and of the persons to be elected, and with 
 
 district respect to the mode of conducting the election, shall 
 
 apply as if members of the local board of Woolwich and 
 
 the vestries elected under the Metropolis Management 
 
 Acts, 1855 to 1890, or any Act mending those Acts, and 
 
 the auditors for parishes elected under those Acts, and so 
 
 far as respects the qualification of persons to be elected 
 
 as if members of the district boards under the said Acts, 
 
 were urban district councillors, and no person shall, ex 
 
 (1) 41 & 42 Vict. c. 77, s. 7. Act, 1888 (51 & 52 Vict. c. 41) s. 3 
 
 (2) The county councils are now (viii). 
 
 the county authorities under the (3) 38 & 39 Vict. c. 55, s. 230. 
 
 Act ; see the Local Government
 
 II.] Guardians and District Councils. 163 
 
 officio, be chairman of any of the said vestries. Provided 56 & 57 vict. 
 that the Elections (Hours of Poll) Act, 1885, shall apply c. 73, s. 31. 
 to elections to the said vestries. 48 Vlct - c - 10 - 
 
 (2.) Each of the said vestries, except those electing 
 district boards, and each of the said district boards and 
 the local board of Woolwich, shall at their first meeting- 
 after the annual election of members elect a chairman for 
 the year, and section forty-one of the Metropolis Manage- ig & 19 Vict. 
 ment Act, 1855, shall apply only in case of the absence c. 120. 
 of such chairman, and the provisions of this Act with 
 respect to chairmen of urban district councils being- 
 justices shall apply as if the said vestries and boards were 
 urban district councils. 
 
 (3.) Nothing in any local and personal Act shall prevent 
 any vestry in the county of London from holding their 
 meeting at such time as may be directed by the vestry. 
 
 Note. Metropolitan vestries, &>c— With regard to elections 
 under the present Act generally, see sect. 48, and the note to 
 that section. With regard to the first elections to be held 
 under tne Act, and the coming into office of persons then 
 elected, see sect. 79. By sect. 48 (4) Metropolitan vestries 
 under the Metropolis Management Acts and the local board 
 of Woolwich are assimilated to district councils in certain 
 further respects. 
 
 The Elections (Hours of Poll) Act, 1885 1 which applies to 
 the elections referred to in the present section, but not to 
 any other elections under the Act, requires the poll, at elec- 
 tions to which that Act applies, to be kept open from 8 a.m. to 
 8 p.m. and no longer. 
 
 Sect. 32. — The provisions of this Part of this Act re- Application 
 specting the powers, duties, and liabilities of justices out to county 
 of session, or of quarter sessions, which are transferred to ^°™^^ s ° as 
 a district council, shall apply to a county borough as if ^transfer of 
 it were an urban district, and the county borough council justices' 
 were a district council. powers. 
 
 Sect. 33.— (1.) The Local Government Board may, Power *° 
 on the application of the council of any municipal p^risions 0? 
 borough, including a county borough, or of any other Act to urban 
 urban district, make an order conferring on that council districts and 
 or some other representative body within the borough or London, 
 district all or any of the following matters, namely, the 
 appointment of overseers and assistant overseers, the 
 revocation of appointment of assistant overseers, any 
 powers, duties, or liabilities of overseers, and any powers, 
 duties, or liabilities of a parish council, and applying with 
 the necessary modifications the provisions of this Act 
 with reference thereto. 
 
 (1) 48 Vict. c. 10. 
 
 M 2
 
 164 
 
 TJie Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c- 73. s. 33- 
 
 Supple- 
 mental 
 provisions 
 as to control 
 of overseers 
 in urban 
 districts. 
 
 (2.) Where it appears to the Local Government Board 
 that, by reason of the circumstances connected with any 
 parish in a municipal borough(including a county borough) 
 or other urban district divided into wards, or with the 
 parochial charities of that parish, the parish will not, if the 
 majority of the body of trustees administering the charity 
 are appointed by the council of the borough or district, 
 be properly represented on that body, they may, by their 
 order, provide that such of those trustees as are appointed 
 by the council, or some of them, shall be appointed on 
 the nomination of the councillors elected for the ward or 
 wards comprising such parish or any part of the parish. 
 
 (3.) Any order under this section may provide for its 
 operation extending either to the whole or to specified 
 parts of the area of the borough or urban district, and 
 may make such provisions as seem necessary for carrying 
 the order into effect. 
 
 (4.) The order shall not alter the incidence of any rate, 
 and shall make such provisions as may seem necessary 
 and just for the preservation of the existing interests of 
 paid officers. 
 
 (5.) An order under this section may also be made on 
 the application of any representative body within a 
 borough or district. 
 
 (6.) The provisions of this section respecting councils 
 of urban districts shall apply to the administrative county 
 of London in like manner as if the district of each 
 sanitary authority in that county were an urban district, 
 and the sanitary authority were the council of that 
 district. 
 
 (7.) The Local Government Board shall consult the 
 Charity Commissioners before making any order under 
 this section with respect to any charity. 
 
 Note. Appointment of charity trustees. — Sub-sect. (2) ap- 
 pears to refer to cases in which the power of a parish council 
 to appoint trustees of a parochial charity under sect. 14 has 
 been conferred on a borough council or urban district council 
 under sub-sect. (1) of the present section. It is curious that it 
 is confined to cases where the council in question happen to 
 have the power of appointing the majority of the trustees. 
 
 Sect. 34. — Where an order of the Local^Government 
 Board under this Act confers on the council of an urban 
 district, or some other representative body within the 
 district, either the appointment of overseers and assistant 
 overseers or the powers, duties, and liabilities of overseers, 
 that order or any subsequent order of the Board may
 
 II.] Guardians and District Councils. 165 
 
 confer on such council or body the powers of the vestry 56 & 57 v ict. 
 under the third and fourth sections of the Poor Eate c# ?3> s - 34- 
 Assessment and Collection Act, 1869. 32 & 33 Vict. 
 
 c. 41. 
 
 Note. Hating of small tenements. — The enactments referred 
 to in the present section are set out, ante, pp. 29, 30. 
 
 It is to be observed that the present section does not extend 
 to a county borough or to London. 
 
 Sect. 35. — Save as specially provided by this Act, this Restrictions 
 Part of this Act shall not apply to the administrative ° n applica- 
 county of London or to a county borough. to°London 
 
 &c.
 
 i66 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c. 73, s. 36. 
 
 Duties and 
 powers of 
 county 
 council with 
 respect to 
 areas and 
 boundaries. 
 
 PART III. 
 
 AllEAS AND BoUNDAEIES. 
 
 Sect. 36. — (1.) For the purpose of carrying this Act 
 into effect in the case of — 
 
 (a.) every parish and rural sanitary district which at 
 the passing of this Act is situate partly within 
 and partly without an administrative county ; 
 and 
 
 (5.) every parish which at the passing of this Act is 
 situate partly within and partly without a 
 sanitary district ; and 
 (c) every rural parish which has a population of less 
 
 than two hundred ; and 
 (d.) every rural sanitary district which at the passing 
 of this Act has less than five elective guardians 
 capable of acting and voting as members of the 
 rural sanitary authority of the district ; and 
 (e.) every rural parish which is co-extensive with a 
 rural sanitary district ; 
 every county council shall forthwith take into considera- 
 tion every such case within their county, and whether 
 any proposal has or has not been made as mentioned in 
 51 & 52 Vict, section fifty-seven of the Local Government Act, 1888, 
 c. 41. shall as soon as practicable, in accordance with that 
 
 section, cause inquiries to be made and notices given, and 
 make such orders, if any, as they deem most suitable for 
 carrying into effect this Act in accordance with the 
 following provisions, namely : — 
 
 (i.) the whole of each parish, and, unless the county 
 council for special reasons otherwise direct, the 
 whole of each rural district shall be within the 
 same administrative county ; 
 (ii.) the whole of each parish shall, unless the county 
 council for special reasons otherwise direct, be 
 within the same county district ; and 
 (iii.) every rural district which will have less than five 
 elected councillors shall, unless for special 
 reasons the county council otherwise direct, be 
 united to some neighbouring district or districts.
 
 III.] Areas and Boundaries. 167 
 
 (2.) Where a parish is at the passing of this Act situate 5 6 & 57 Vict. 
 in more than one urban district, the parts of the parish c - 7 3> s - 3 6 - 
 in each such district shall, as from the appointed day, 
 unless the county council for special reasons otherwise 
 direct, and 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 the 39 & 40 Vict, 
 same. c. 61. 
 
 (3.) Where a parish is divided by this Act, the county 
 council may by order provide for the application to 
 different parts of that parish of the provisions of this 
 Act with respect to the appointment of trustees or bene- 
 ficiaries of a charity and for the custody of parish docu- 
 ments, but the order, so far as regards the charity, shall 
 not have any effect until it has received the approval of 
 the Charity Commissioners. 
 
 (4.) Where a rural parish is co-extensive with a rural 
 sanitary district, then, until the district is united to some 
 other district or districts, and unless the county council 
 otherwise direct, a separate election of a parish council 
 shall not be held for the parish, but the district council 
 shall, in addition to their own powers, have the powers 
 of, and be deemed to be, the parish council. 
 
 (5.) Where an alteration of the boundary of any county 
 or borough seems expedient for any of the purposes men- 
 tioned in this section, application shall be made to the 
 Local Government Board for an order under section 
 fifty-four of the Local Government Act, 1888. 
 
 (6.) Where the alteration of a poor law union seems 
 expedient by reason of any of the provisions of this Act, 
 the county council may, by their order, provide for such 
 alteration in accordance with section fifty-eight of the 
 Local Government Act, 1888, or otherwise, but this pro- 
 vision shall not affect the powers of the Local Govern- 
 ment Board with respect to the alteration of unions. 
 
 (7.) Where an order for the alteration of the boundary 
 of any parish or the division thereof, or the union thereof 
 or of any part thereof, with another parish is proposed 
 to be made after the appointed day, notice thereof shall, 
 a reasonable time before it is made, be given to the 
 parish council of that parish, or if there is no parish 
 council, to the parish meeting, and that parish council 
 or parish meeting, as the case may be, shall have the 
 right to appear at any inquiry held by the county 
 council with reference to the order, and shall be at liberty
 
 1 68 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, to petition the Local Government Board against the 
 
 c- 73> s. 36. confirmation of the order. 
 
 (8.) Where the alteration of the boundary of any 
 parish, or the division thereof or the union thereof or of 
 part thereof with another parish, seems expedient for any 
 of the purposes of this Act, provision for such alteration, 
 division, or union may be made by an order of the county 
 council confirmed by the Local Government Board under 
 
 51 & 52 Vict, section fifty-seven of the Local Government Act, 1888. 
 
 c - 41 - (9.) Where a parish is by this Act divided into two 
 
 or more parishes, those parishes shall, until it is other- 
 wise provided, be included in the same poor law union 
 in which the original parish was included. 
 
 (10.) Subject to the provisions of this Act, any order 
 made by a county council in pursuance of this Part of 
 this Act shall be deemed to be an order under section 
 fifty-seven of the Local Government Act, 1888, and any 
 board of guardians affected by an order shall have the 
 same right of petitioning against that order as is given 
 by that section to any other authority. 
 
 (11.) Where any of the areas referred to in section 
 fifty-seven of the Local Government Act, 1888, is situate 
 in two or more counties, or the alteration of any such 
 area would alter the boundaries of a poor law union 
 situate in two or more counties, a joint committee 
 appointed by the councils of those counties shall, subject 
 to the terms of delegation, be deemed to have and to 
 have always had power to make orders under that section 
 with respect to that area ; and where at the passing of 
 this Act a rural sanitary district or parish is situate in 
 more than one county, a joint committee of the councils 
 of those counties shall act under this section, and if any 
 of those councils do not, within two months after request 
 from any other of them, appoint members of such joint 
 committee, the members of the committee actually ap- 
 pointed shall act as the joint committee. Provided that 
 any question arising as to the constitution or procedure 
 of any such joint committee shall, if the county councils 
 concerned fail to agree, be determined by the Local 
 Government Board. 
 
 (12.) Every report made by the Boundary Commis- 
 
 50 & 51 Vict, sioners under the Local Government Boundaries Act, 
 
 c. 61. 1887, shall be laid before the council of any administra- 
 
 tive county or borough affected by that report, and 
 before any joint committee of county councils, and it 
 shall be the duty of such councils and joint committees 
 to take such reports into consideration before framing
 
 III.] Areas and Boundaries. 169 
 
 any order under the powers conferred on them under 5 6 & 57 Vict, 
 this Act. Cl 7j ' b ' ° 6 ' 
 
 (13.) Every county council shall, within two years 
 after the passing of this Act, or within such further 
 period as the Local Government Board may allow either 
 generally or with reference to any particular matter, 
 make such orders under this section as they deem neces- 
 sary for the purpose of bringing this Act into operation, 
 and after the expiration of the said two years or further 
 period the powers of the county council for that purpose 
 shall be transferred to the Local Government Board, 
 who may exercise those powers. 
 
 Note. Areas and boundaries. — Observations will be found 
 later in the note to the present section on the existing boun- 
 daries of parishes, 1 unions, 2 urban sanitary districts including 
 boroughs, 3 and rural sanitary districts. 4 With regard to county 
 boundaries, see sect. 50 of the Local Government Act, 1888, 5 
 and the note to that section in the Appendix. 
 
 The definitions governing the meanings of the expressions 
 " parish," and " poor law union," for the purposes of the 
 present Act are referred to post, on pp. 177 and 184 respectively. 
 The expression "administrative county," under a definition 
 contained in the Local Government Act, 1888, 6 and incor- 
 porated with the present Act by sect. 75 (1), " means the area 
 for which a county council is elected . . . but does not (except 
 where expressly mentioned) include a county borough." The 
 expressions " county " and " county council " are defined in 
 sect. 75 (2), post, as including a county borough, and the 
 council of a county borough, respectively. This definition of 
 " county " is imperfect, but h is clear that the expression is, in 
 the present section, used as meaning an administrative county 
 or county borough. It is to be observed that, by virtue of 
 sub-sect, (n), the expression "county council" in the present 
 section practically, in many cases, includes not only a council 
 of an administrative county or of a county borough, but also a 
 joint committee of such councils. With regard to county 
 boroughs, see the note to sect. 50 of the Local Government 
 Act, 1888, 7 in the Appendix, where a list of such boroughs is 
 given. 
 
 The sections of the Local Government Act, 1888, 8 referred 
 to in the present section, together with certain other sections 
 of that Act relating to boundaries, will be found in the 
 Appendix. 
 
 Sect. 83, post, makes it the duty of every county council to 
 
 (1) See post, pp. 177-184. (5) 51 & 52 Vict. c. 41, s. 50. 
 
 (2) See post, p. 184. (6) lb. s. 100. 
 
 (3) See post, pp. 184, 185. (7) lb. s. 50. 
 
 (4) See post, p. 185. (8) lb. ss. 54, 57, 5&
 
 170 TJie Local Government Act, 1894. [Part 
 
 56 & 57 Vict, exercise their powers for the purpose of bringing the Act into 
 c 73. s - 3 6 > n - operation as soon as possible, and empowers a county council 
 to delegate their powers under the Act to a committee. 
 
 And sect. 84 (3) provides that every division into wards or 
 alteration of the boundaries of any parish, or union, or district, 
 which is to affect the first election shall, if parishes or parts 
 for which the registers of parochial electors will be made are 
 affected, be made, so far as practicable, before the 1st July, 
 1894. 
 
 Parish partly within and partly without an administrative 
 county. — The Act does not itself sub-divide a parish in this 
 position unless, as is frequently the case, the boundary of the 
 administrative county at the place in question is alsc the boun- 
 dary between sanitary districts. 
 
 Rural sanitary district partly within and partly without an 
 administrative county. — A rural sanitary district in this position 
 will, unless dealt with by the county councils interested, be 
 automatically divided, as from the appointed day, by sect. 24 (5) ; 
 and if a part of a rural sanitary district so constituted a separate 
 county district will have less than five district councillors it will 
 be subject to the provisions made by that sub-section to meet 
 such a case. 
 
 Parish partly within and partly without a sanitary district. — A 
 parish in this position will, in general at all events, unless the case 
 is dealt with in the meantime, be automatically divided as from 
 the appointed day, by sect. 1 (3), or sub-sect. (2) of the 
 present section. The only case where it is not clear that such 
 a sub-division will be effected by the Act is where a parish was, 
 at the passing of the Act, partly within a county borough and 
 partly within a neighbouring urban sanitary district. Whether 
 a sub-division of a parish in such a position will be effected by 
 the Act depends upon the meaning of the expression " urban 
 district" in sub-sect. (2) of the present section. Under sect. 21, 
 as is pointed out in the note to that section, urban sanitary 
 districts other than county boroughs alone will, after the 
 appointed day, be termed " urban districts." But sub-sect. (2) 
 has reference to the date of the passing of the Act, at which 
 date sect. 21 had not come into operation, and there were no 
 "urban districts" under that section. It may therefore be fairly 
 argued that the expression "urban district" in sub-sect. (2) 
 means urban sanitary district, and therefore includes a county 
 borough. 
 
 Rural parish with a population under two hundred. — The 
 object with which a county council are to take such a case 
 into consideration is not clearly pointed out. Probably it is 
 intended that the county council are to consider the advisability 
 of grouping the parish, or establishing a parish council for it, 
 so as to have a plan in readiness to suggest to the parish 
 meeting as soon as the parish meeting for the parish comes 
 into existence. It is remarkable that though it is only for a 
 rural parish with a population of three hundred or upwards
 
 III.] Areas and Boundaries. 171 
 
 that a parish council is established by the Act, the county 56 & 57 Vict, 
 council are only required by sub-sect. (1, c) of the present c - ?3» s * 3 6 » n - 
 section to consider cases where the population of the parish is 
 under two hundred. 1 
 
 Rural sanitary district with less than five elective guardians 
 capable of acting on the sanitary authority. — If a case of this 
 kind is not dealt with there will be less than five elected 
 district councillors for the district under the present Act, and 
 under sect 24 (6), sect. 9 of the Public Health Act, 1875, 2 so 
 far as unrepealed, will apply to the case and the Local Govern- 
 ment Board will be able to nominate a member or members of 
 the district council accordingly so as to bring the number of 
 members up to five ; see the note to sect, 24, ante. 
 
 Parish co-extensive with rural sanitary district. — If a case of 
 this kind is not dealt with there will, under sub-sect. (4), unless 
 the county council otherwise direct, be no separate parish 
 council for the parish, but the district council will act as parish 
 council. 
 
 Procedure with regard to alterations of area. — The procedure 
 under sect. 57 of the Local Government Act, 1888, 3 was, by 
 that Act, in some respects to be prescribed by the Local 
 Government Board. 4 And in 1889 that Board accordingly 
 issued certain regulations under the section which will be found 
 in the note to the section in the Appendix. Under sect. 80 (2) 
 of the present Act, however, the Local Government Board 
 have issued an order, dated the 22nd March, 1894, expediting 
 and simplifying the procedure under the section in the year 
 1894, of which the operative parts are as follows : — ■ 
 
 "Article I. — This Order shall, unless we shall otherwise 
 direct, regulate the procedure under sect. 57 of the Local 
 Government Act, 1888, in all cases in the year one thousand 
 eight hundred and ninety-four, for the purpose of bringing the 
 Local Government Act, 1894, into immediate operation, except 
 cases in which notice of a local inquiry has been given before 
 the date of this Order; and the said Order dated the fourteenth 
 day of September, one thousand eight hundred and eighty-nine, 
 shall not apply in any case to which this Order applies. 
 
 " Article II. — (1.) A local inquiry, at which all persons in- 
 terested may attend and be heard, shall, prior to any Order 
 being made by a county council under sect. 57 of the Local 
 Government Act, 1888, be held in regard to the proposal, 
 either by a committee of the county council, or by some person 
 
 (1) As a matter of fact this dis- certain other sections was lost sight 
 
 crepancy is accounted for by the of. This circumstance, however, 
 
 circumstance that an amendment cannot of course be regarded by a 
 
 raising the population required to Court called upon to construe the 
 
 render the establishment of a parish Act. 
 
 council for a rural parish obligatory (2) 38 & 39 Vict. c. 55, s. 9. 
 
 from 200 to 300, was inserted in (3) 51 & 52 Vict. c. 41, s. 57. 
 
 the Bill at the last moment, and (4) See the note to the section in 
 
 that the necessity of making conse- question in the Appendix, 
 quential amendments in this and
 
 172 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, appointed by the county council to hold such inquiry, as the 
 c 73) s - 3 6 » n - council may direct. 
 
 " (2.) The said inquiry shall, unless the county council 
 otherwise determine, be held at some convenient place in the 
 county district, or in one of the county districts, proposed to 
 be dealt with, or in the county district within which is situate 
 the parish, or one of the parishes, proposed to be dealt with, 
 or at such place in the neighbourhood as may, in the opinion 
 of the committee or person by whom the inquiry is to be held, 
 be most convenient for the purpose. 
 
 " (3.) At least ten days before the day when the inquiry is 
 to be held, public notice of the purport of the proposal, and of 
 the day, time, and place fixed for the inquiry in regard to it, 
 shall be given by the county council by advertisement in some 
 local newspaper circulating in the locality to which the proposal 
 relates. 
 
 " Article III.— At least ten days before the day when any 
 such local inquiry is to be held, a printed notice of the purport 
 of the proposal, and of the day, time, and place for the inquiry 
 shall also be published in the manner herein-after prescribed, 
 and shall be sent to the several government departments and 
 local or other authorities herein-after specified; that is to 
 say,— 
 
 " (1.) A copy of the said notice shall be posted as a bill or 
 
 placard in such places in the county district or 
 
 districts or parish or parishes interested in the 
 
 proposal as are ordinarily made use of for posting 
 
 public or parochial notices. 
 
 " (2.) In any case where the proposal relates to the alteration 
 
 of or other dealing with any sanitary district, a 
 
 copy of the notice shall be sent by the county 
 
 council to the sanitary authority of such district. 
 
 " (3.) In any case where the proposal relates to the alteration 
 
 of or other dealing with any parish a copy of the 
 
 notice shall be sent by the county council to the 
 
 overseers of the poor of such parish ; to the 
 
 guardians of the poor of the union in which such 
 
 parish is comprised ; to the school board (if any) 
 
 for such parish or for any part thereof; to the 
 
 highway authority or authorities of the parish ; to 
 
 the burial board (if any) for such parish or for any 
 
 part thereof; and to the urban sanitary authority 
 
 (if any) in whose district such parish or any part 
 
 thereof is comprised. 
 
 " (4.) A copy of the notice shall be sent by the county 
 
 council to any local authority which, in the opinion 
 
 of the county council, is specially interested in the 
 
 proposal. 
 
 '• (5.) A copy of every such notice shall be sent by the 
 
 county council to the Local Government Board ; 
 
 and in any case where the proposal relates to the
 
 III.] Areas and Boundaries. 173 
 
 alteration of any area of local government a copy 5 6 & 57 Vict, 
 of the notice shall be sent by the county council c - 73» s > 3 6 » n - 
 to the Board of Agriculture, the Public Works 
 Loan Commissioners, the Director General of the 
 Ordnance Survey at Southampton, and to the 
 Registrar General; and in any case where the 
 proposal relates to the alteration or definition of 
 the boundary of any parish a copy of the notice 
 shall be sent to the Education Department. 
 " Article IV. — (1.) If the case is one in which any order 
 made by a county council under sect. 57 of the Local Govern- 
 ment Act, 1888, requires confirmation by the Local Govern- 
 ment Board, public notice of the provisions of any such order 
 made by a county council shall be given by the county council 
 by advertisement in some local newspaper circulating in each 
 district or "parish affected by the order ; and such advertise- 
 ment shall be published within ten days after the making of 
 the order. 
 
 " (2.) If the case is one in which any order made by a 
 county council under sect. 57 of the Local Government Act, 
 1888, does not require confirmation by the Local Government 
 Board, public notice of the proposed order shall, after the 
 inquiry required by Article II. hereof has been held, and not 
 less than twenty-one days before the meeting of the county 
 council at which the order is proposed to be made, be given 
 by the clerk to the county council by advertisement in some 
 local newspaper circulating in each district affected by the 
 order. 
 
 " (3.) Any advertisement issued in pursuance of this article 
 shall contain either a copy of the order, or proposed order, as 
 the case may be, or a statement of the effect of the order, or 
 proposed order, and shall also contain a statement of the time 
 and place or places during and at which copies of the order, 
 or proposed order, may be inspected by any owner or rate- 
 payer in any area affected by the order, or proposed order, 
 during a period of fourteen days from the date of the publica- 
 tion of such advertisement, and the order, or proposed order, 
 shall be open for such inspection during such period. 
 
 " (4.) There shall be appended to any proposed order or 
 statement of a proposed order advertised or deposited for in- 
 spection in pursuance of this article, a notice to the effect that 
 any person interested in the proposed order who objects 
 thereto may attend and be heard at a meeting of the county 
 council to be held on a day and at a time which shall be 
 mentioned in the notice if, not less than three days before the 
 date of the meeting, he sends to the clerk of the council a 
 statement in writing of the nature of his objection." 
 
 " Article V. — (1.) A copy of any Order made or proposed to 
 be made by a county council as aforesaid shall, at any time 
 while copies of the order, or proposed order, are open to 
 inspection as aforesaid, and in the case of an order which
 
 174 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, requires to be confirmed by the Local Government Board, at 
 c 73, s - 3 6 » n - any time before the expiration of six weeks from the publica- 
 tion of the advertisement in pursuance of Article IV. (1.) 
 hereof, be supplied by the clerk to the county council to any 
 owner or ratepayer in any area affected by the order, or pro- 
 posed order, upon payment by such owner or ratepayer of a 
 sum not exceeding threepence for each hundred words of 
 manuscript if the copy of the order, or proposed order, be in 
 writing, or upon payment of a sum not exceeding threepence 
 for a printed copy of the order, or proposed order. 
 
 " (2.) A copy of a proposed order supplied in pursuance of 
 this article shall contain a notice to the effect specified in 
 Article IV. (4.) hereof. 
 
 " Article VI. — On or before the date of the publication in 
 pursuance of Article IV. (1.) hereof of the advertisement of the 
 provisions of any order made as aforesaid and requiring con- 
 firmation by the Local Government Board, three copies of the 
 order shall be forwarded to the Local Government Board and to 
 each of the other government departments to whom a copy of 
 the notice of the inquiry relative to the proposed order was, by 
 Article III. hereof, required to be sent; a copy of the order 
 shall also be sent to each of the local or other authorities to 
 whom a copy of such notice was so required to be sent, and a 
 copy shall also be posted in like manner as the notice of the 
 inquiry was, in pursuance of the same article, required to be 
 posted. 
 
 "Article VII. — The advertisement in pursuance of Article 
 IV. (1.) hereof of the provisions of any order made by a 
 county council under section 57 of the Local Government Act, 
 1888, and requiring confirmation by the Local Government 
 Board, shall be deemed to be the ' first notice ' for the purposes 
 of sub-section (3) of that Section as amended by section 40 
 of the Local Government Act, 1894. 
 
 " Article VIII. — (1.) If the case is one in which any order 
 made under Section 57 of the Local Government Act, 1888, 
 does not require confirmation by the Local Government Board, 
 a copy of the proposed order shall, on or before the date of 
 the publication in pursuance of Article IV. (2.) hereof of the 
 advertisement of the provisions of the proposed order, be sent 
 to each of the local or other authorities to whom a copy of the 
 notice of the inquiry relative to the proposed order was, by 
 Article III. hereof, required to be sent, and a copy shall also be 
 posted in like manner as the notice of the inquiry was, in 
 pursuance of the same article, required to be posted. 
 
 " (2.) Any such copy shall contain a notice to the effect 
 specified in Article IV. v4) hereof. 
 
 " (3.) The final approval of the county council of any such 
 order may be dispensed with, if the requirements of Article IV. 
 hereof and of this article have been complied with. 
 
 "(4.) When any such order has been made by a county 
 council three copies thereof shall forthwith be forwarded to the
 
 III.] Areas and Boundaries. 175 
 
 Local Government Board and to each of the other government 56 & 57 Vict, 
 departments to whom a copy of the notice of the inquiry was c - 73' s - 3 6 » n - 
 required by Article III. hereof to be sent, and a copy of the 
 order shall also be at the same time- sent to each of the local 
 or other authorities to whom a copy of such notice was so 
 required to be sent. 
 
 "Article IX. — The expression 'county council' in this 
 Order shall include a committee to whom the county council 
 have delegated their powers under the Local Government Act, 
 1894, and also a joint committee appointed by any county 
 councils of administrative counties for the purpose of dealing 
 with any case or cases in which such councils are jointly 
 interested, and, in any such last-mentioned case, references in 
 this order to the county shall be deemed to refer to either of 
 the counties interested, and references to the clerk to the 
 county council to any person acting as clerk to the joint 
 committee or appointed by such committee to discharge the 
 duties of the clerk to a county council under this order." 
 
 Parish divided by the Act. — Where a parish is divided by 
 the Act, either by sect. 1 (3), or by sub-sect. (2) of the present 
 section, the several parts of the parish are to become separate 
 parishes, as if they had been constituted separate parishes under 
 the Divided Parishes and Poor Law Amendment Act, 1876, 1 and 
 the amending Acts. The provisions of these Acts as to the 
 constitution of separate parishes are referred to at some length, 
 post, pp. 180-183. 
 
 By sub-sect. (3) of the present section the county council 
 are enabled to make provisions as to charities and the custody 
 of parish documents in the new parishes so constituted. By 
 sub-sect. (9) the new parishes will, until it is otherwise provided, 
 be included in the same union in which the original parish was 
 included. By sect. 55 (2), each of the new parishes is to bear 
 such name as the county council direct. By sect. 79 (2), one 
 guardian or rural district councillor, as the case may be, is, 
 subject to any order of the county council, to be elected for 
 each of the new parishes. By sect. 79 (11) the overseers of 
 the original parish are, until the first appointment of overseers 
 next after the appointed day, to continue in office as if they 
 were overseers for each of the new parishes : see also sect. 
 78 (1). By sect. 85 (4) every valuation list made for a parish 
 divided by the Act is to continue in force until a new valuation 
 list is made. By sect. 81 (5) any officer of the original parish 
 will hold his office for each of the new parishes, and his salary 
 will be borne by the new parishes in proportion to their 
 rateable value on the 1st April 1894. And by sect. 69 
 county councils are given the widest powers for making all ad- 
 justments rendered necessary by the sub-division of the original 
 parish. 
 
 Rural sanitary district divided by the Act. — Where a rural 
 
 (1) 39 & 40 Vict. c. 61.
 
 176 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, sanitary district is divided into two or more county districts by 
 c. 73, s - 3 6 > n - sect. 24 (5), officers of the rural sanitary authority will, under 
 sect. 81 (5), hold their offices as such officers for each of the 
 county districts, and their salaries will be borne by the several 
 districts in proportion to their rateable value on the 1st April, 
 1894. Under sect. 69 the county councils interested have the 
 most ample powers to effect all adjustments rendered necessary 
 by the sub-division of the district. 
 
 Alteration of parish boundaries. — The 'object of sub-sect. (8) 
 of the present section is not by any means clear. Sect. 5 7 of 
 the Local Government Act, 1888, x already provides for the 
 making of the various alterations of area referred to in the 
 sub-section by order of the county council confirmed by the 
 Local Government Board. And, unless the sub-section is 
 intended to authorise the county council to make an order 
 for the alteration of parish boundaries under that section 
 though no previous proposal for the alteration may have been 
 made, the sub-section would appear to be superfluous ; but the 
 suggested construction of the sub-section is certainly unsatis- 
 factory in view of the express provisions in sub-sect. (1), that, 
 for certain specified purposes, a county council may act under 
 the section of the Local Government Act, 1888, in question, 
 though no such proposal as is mentioned in that section has 
 been made. 
 
 Order of county council. — By sub-sect (10), an order of a 
 county council under the present part of the Act, is, subject to 
 the provisions of the Act, to be deemed to be an order under 
 sect. 57 of the Local Government Act, 1888. 2 This provision 
 will apply, it is to be observed, not only to an order under the 
 present section dealing with areas and boundaries, or with 
 charities or the custody of documents in a parish divided by 
 the Act, but also to an order as to the rights of part of a parish 
 under sect. 37, and to any order under sects. 38 and 39, con- 
 tributing a group of parishes, establishing a separate parish 
 council for a small parish, or dissolving a parish council or a 
 group of parishes. 
 
 Perhaps the most important effect of the provision in question 
 is that it renders sect. 59 of the last-mentioned Act 3 applicable 
 to any such order, and therefore enables the county council, in 
 such an order, to make almost any conceivable arrangement 
 incidental to or consequential on the main purpose of the 
 order, and also if occasion arises to amend such an order from 
 time to time. 
 
 Orders under sect. 57 of the Local Government Act, 1888, 
 in most instances require confirmation by the Local Govern- 
 ment Board ; but under sect. 40, post, orders of a county 
 council under sub-sect. (3) of the present section and under 
 sects. 37, 38, and 39, will not require such confirmation. 
 
 By sect. 42, post, a limitation is put upon the time within 
 
 (1) 51 & 52 Vict. c. 41, s. 57. (2) lb. (3) lb. s. 59.
 
 III.] Areas and Boundaries. 177 
 
 which the validity of an order under sect. 57 of the Local 56 & 57 Vict. 
 Government Act, 1888, confirmed by the Local Government c - 73. s - 3 6 > n - 
 Board, may be called in question. 
 
 By sect. 71a copy of every order made by a county council 
 in pursuance of the Act is to be sent to the Local Government 
 Board, and, if it alters any local area or name, also to the 
 Board of Agriculture. 
 
 Boundary co7timission. — The Boundary Commissioners who 
 were appointed by the Act 1 referred to in sub-sect. (12) were 
 thereby required to make certain inquiries in relation to local 
 boundaries, and to present a report to the Local Government 
 Board. Their report, which was in due course presented and 
 printed, is accompanied by numerous detailed schemes for 
 effecting adjustments of area. 
 
 Transfer of powers of county council to Local Government 
 Board. — It will be observed that it is only the powers of the 
 county council for the purpose of bringing the Act into opera- 
 tion that are, at the expiration of a certain time, transferred to 
 the Local Government Board by sub-sect. (13). The general 
 powers of the county council as to areas and boundaries under 
 the Local Government Act, 1888, 2 are unaffected by that sub- 
 section. 
 
 The remainder of the note to the present section is devoted 
 to a discussion of the boundaries of parishes, unions, and 
 sanitary districts generally. 
 
 The Parish. — The meaning of the expression " parish " in 
 the present Act is determined by the Interpretation Act, 
 1889, 3 which enacts that "in every Act passed after" 1866, 
 " whether before or after the commencement of this Act, the 
 expression ' parish ' shall, unless the contrary intention appears, 
 mean, as respects England and Wales, a place for Avhich a 
 separate poor rate is or can be made, or for which a separate 
 overseer is or can be appointed." 4 
 
 The above definition is probably, though artificially worded, 
 as accurate a definition as could be framed of the area, some- 
 times for the sake of distinction called a " poor law parish," 
 which forms the fundamental subdivision of the country for the 
 purposes of the administration of the poor law, and is in 
 accordance with the most usual, though by no means the only, 
 use of the expression " parish " at the present time. 
 
 Originally the expression parish was of ecclesiastical signifi- 
 cance only, meaning according to Blackstone 5 " that circuit of 
 ground which is committed to the charge of one parson, or 
 vicar or other minister having cure of souls therein." 
 
 (1) 50 & 51 Vict. c. 61. the Poor Law Amendment Act, 
 
 (2) 51 & 52 Vict. c. 41. 1866 (29 & 30 Vict. c. 113), s. 18, 
 
 (3) 52 & 53 Vict. c. 63, s. 5. now repealed. 
 
 (4) This definition is a re-enact- (5) Bla. Com. Vol. .p. in. 
 ment somewhat changed in form of 
 
 N
 
 178 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. For civil purposes, the fundamental subdivision of the country 
 c. 73> s - 36> "■ was in ancient times the "township." 1 When, however, 
 parishes were first formed, the existing subdivision of the 
 country into townships appears naturally enough to have been 
 made use of, either a single township or a group of townships 
 being formed for ecclesiastical purposes into a parish. 2 From 
 the intimate connection thus existing between the township and 
 the ecclesiastical parish it naturally came about that, even from 
 early times, the parish was looked upon as a civil as well as an 
 ecclesiastical subdivision of the country, and the legislature has 
 accordingly usually treated the parish as the unit area for 
 purposes of local government in normal cases, extending the 
 meaning of the expression to cover other areas which though 
 not strictly parishes, had, or were given for the purposes in 
 question, a similar organisation. 
 
 The network of townships and parishes into which the country 
 was anciently divided was not, it should be mentioned, 
 complete ; there were many places not included in any 
 ecclesiastical parish, and there were places also not included in 
 any township. Places not included in any parish were called 
 " extra-parochial," an expression, which, like parish, though 
 originally used in an ecclesiastical sense only, has also been 
 applied to places not included in any poor law parish. 
 
 So much being premised, the legislation affecting the poor 
 law parish and its boundaries may be traced. 
 
 The Poor Relief Act, 1601, 3 which forms the basis of the 
 poor law, provided for the constitution in each parish of a body 
 of overseers, who were to levy the poor rate and relieve the 
 poor of the parish. This enactment was held to extend as 
 well to places which, at the date of the Act, were reputed 
 to be parishes as to places that were strictly ecclesiastical 
 parishes. 4 
 
 The Poor Relief Act, 1662, 5 contains provisions couched in 
 somewhat obscure language, under which, as they were 
 interpreted by the Courts, townships and villages, which from 
 various causes were not in a position to reap the benefit of 
 the Poor Relief Act, 1601, might have separate overseers 
 appointed for them and become independent poor law parishes. 
 The power of constituting fresh poor law parishes under this 
 Act was abolished by the Poor Law Amendment Act, 1844, 
 which enacted that it should not in future be lawful to appoint 
 separate overseers for any township or village or other place for 
 
 (1) See Stubbs' Constitutional 224, et seq. 
 History (ed. 1874), Vol. i. pp. 82, (3) 43 Eliz. c. 2. 
 
 et seq. The terms " tithing " and (4) See SAarptey v. Mablethorpe 
 
 "vill" appear from a legal point (ckurc/nvardens, &>c.) (1854), 3 E. 
 
 of view to be equivalent in meaning & B. 906; 24 L. J. M. C. 35; 
 
 to township : see Bla. Com. Vol. i. S. C. nom. Reg v. Sharptey, 18 
 
 p. 114. Jur. 835. 
 
 (2) Stubbs' Constitutional His- (5) 14 Car. II. c. 12, S3. 21, 22. 
 tory (ed. 1874), Vol. i. pp. S5,
 
 III.] Areas and Boimdaries. 179 
 
 which before the passing of that Act, separate overseers had not 56 & 57 Vict, 
 been lawfully appointed. 1 c - 73> s - 3 6 > n - 
 
 An Act of 18 1 9 2 legalised the existence as separate poor law 
 parishes of certain areas that had for long been in practice 
 separate parishes for poor law purposes, though not legally- 
 entitled to that position. 
 
 By the Extra-Parochial Places Act, 1857, 3 certain extra- 
 parochial places were constituted parishes for the purposes, 
 among others, of the administration of the poor law, and the 
 justices of the peace were empowered to appoint overseers for 
 other extra-parochial places wherein no poor rate was at that 
 time levied. 4 The same Act empowered quarter sessions in 
 certain cases to annex extra-parochial places for the purposes 
 above mentioned to existing parishes. 5 
 
 The Poor Law Amendment Act, 1867, enabled the Poor Law 
 Board in certain cases to adjust parish boundaries, and sub- 
 divide parishes by a provisional order to be confirmed by 
 Parliament. 6 The powers of the Poor Law Board under this 
 enactment are now vested in the Local Government Board, 
 but are practically superseded by the enactments mentioned 
 below. 
 
 By the Poor Law Amendment Act, i868, : it is enacted "that 
 from the 2$th day of December next 8 everyplace which was or 
 is reputed to be extra-parochial, whether entered by name in the 
 report upon the census for the year 185 1 or not, for which an 
 overseer has not been then appointed, or for which no overseer 
 shall be then acting, or which has not been then annexed to 
 and incorporated with an adjoining parish, shall for all civil 
 parochial purposes be annexed to and incorporated with the 
 next adjoining parish with which it has the longest common 
 boundary, and in case there shall be two or more parishes with 
 which it shall have boundaries of equal extent, then with that 
 parish which now contains the lowest amount of rateable value ; 
 and every accretion from the sea, whether natural or artificial, 
 and the part of the sea-shore to the low-water mark, and the 
 bank of every river to the middle of the stream, which on the 
 25th day of December next shall not be included within 
 the boundaries of or annexed to and incorporated with 
 any parish, shall for the same purposes be annexed to and 
 incorporated with the parish to which such accretion, part, 
 or bank adjoins in proportion to the extent of the common 
 boundary." 
 
 Before this enactment came into operation, the presumption 
 
 (1) 7 & 8 Vict. c. 101, s. 22. (3) 20 Vict. c. 19. 
 The possibility of the creation of (4) lb. s. 1. 
 
 new parishes under the Act of 1662 (5) lb. s. 4. 
 having been thus abolished for (6) 30 & 31 Vict. c. 106, s. 3. 
 nearly fifty years, the numerous (7) 31 & 32 Vict. c. 122, s. 27. 
 decisions on its interpretation have (8) The words in italics are re- 
 ceased to be of importance. pealed by the Statute Law Revision 
 
 (2) 59 Geo. III. c. 95. Act, 1893. 
 
 N 2
 
 180 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, was that land on the sea-shore, or on the bank of a tidal river, 
 c > 73>s- 3 6 > n - below high water-mark was extra-parochial. 1 
 
 Extensive powers for the division and combination of 
 parishes, and the adjustment of their boundaries, are vested in 
 the Local Government Board under the Divided Parishes and 
 Poor Law Amendment Act, 1876, 2 the Poor Law Act, 1879, 3 
 and the Divided Parishes and Poor Law Amendment Act, 
 1882. 4 The last of these Acts, moreover, provided that where 
 any part of a parish was isolated or detached from the other 
 part or parts of the parish, and was wholly surrounded by 
 another parish, such parts should, as from the 25th March, 
 1883, be amalgamated with the last mentioned parish, as if the 
 amalgamation had been effected by order of the Local 
 Government Board under the Act of 1876; and that, for the 
 purposes of this enactment, two or more isolated or detached 
 parts of parishes adjoining each other, and together wholly 
 surrounded by another parish, should be deemed one isolated 
 or detached part. 5 The Act, however, enabled the Local 
 Government Board, on the application of a certain proportion 
 of the ratepayers of any such isolated or detached part with a 
 population exceeding three hundred, to constitute the same a 
 separate parish. 6 
 
 The powers of the Local Government Board under these 
 Acts, which are to be read together, 7 have been comparatively 
 seldom exercised since the passing of the Local Government 
 Act, 1888, 8 though that Act contains an express saving with 
 regard to them. 9 But, in view of the fact that by sect. 1 (3) 
 and sub-sect. (2) of the present section, the several parts of a 
 parish divided by the present Act are, as from the appointed 
 day to " be separate parishes, in like manner as if they had 
 been constituted separate parishes " under the Acts in question, 
 it seems proper to refer to their provisions in some detail. In 
 considering the position of a parish divided by the present 
 Act, however, the express provisions of the Act as to the case 
 which are referred to, ante, p. 175, must not be lost sight of. 
 
 The Acts enable the Local Government Board, after certain 
 preliminary steps, to make an order, to take effect at the 
 expiration of a certain period, as to any " divided parish," 
 either for constituting separate parishes out of the divided 
 parish or for amalgamating some of the parts thereof with the 
 parish or parishes in which the same may be locally included, 
 or to which they may be annexed. 10 The expression " divided 
 
 (1) Reg. v. Musson (1858), 8 E. (3) 42 & 43 Vict. c. 54, ss. 4-7. 
 
 6 B. 900 ; 27 L. J. M. C. 100 ; (4) 45 & 46 Vict. c. 58, ss. 1-7. 
 4 Jur. (n.s.) hi ; Bridgwater (5) lb. s. 2. 
 
 (trustees) v. Booth -cum- Linacre (6) lb. s. 4. 
 
 (highway surveyors) (1866), L. R. (7) lb. s. 1 
 
 2 Q. B. 4; 36 L. J. Q. B. 41 ; (S) 51 & 52 Vict. c. 41. 
 
 15 L. T. 351; 15 W. R. 169; (9) lb. s. 57 (7) set out in the 
 
 7 B. & S. 348. Appendix. 
 
 [2) 39 & 40 Vict, c. 61, ss. 1-9. (10) 39 & 40 Vict. c. 61, s. I,
 
 III.] Areas and Boundaries. 181 
 
 parish " was, in the Act of 1S76, used as meaning any parish so 56 & 57 Vict. 
 
 divided as to have its parts isolated in some other parish or c - 73. s - 3 6 > n. 
 
 parishes, or otherwise detached. 1 The Act of 1879, 2 however, 
 
 provides that " where part of a parish is on one side while the 
 
 residue of the parish is on the other side of the boundary of a 
 
 municipal borough or county, or of a river, estuary, or branch 
 
 of the sea, or where part of a parish is so situate as to be 
 
 nearly detached from the residue of the parish, or is otherwise 
 
 so situate as to render the administration of the relief of the 
 
 poor in or the local government of such part in conjunction with 
 
 the residue of the parish inconvenient, the said parish shall be 
 
 deemed to be a divided parish within the meaning of section 
 
 one of the Divided Parishes and Poor Law Amendment Act, 
 
 1876, and the provisions of that Act shall apply accordingly in 
 
 like manner as if the said part were isolated as mentioned in 
 
 that section." 
 
 If an order of the Local Government Board under these 
 enactments is objected to by a certain proportion of the rate- 
 payers in any parish affected, it is provisional only, and requires 
 confirmation by Parliament. 3 
 
 With regard to the effect of the order, the Act of 1876 
 contains the following provisions : — 
 
 Sect. 3. " From and after the twenty-fifth day of March next 
 ensuing the day when such order, if not objected to, shall take 
 effect, and in the case of a provisional order next ensuing the 
 date of the Act of Parliament confirming the same, the several 
 parts of every parish to which such order shall apply shall be 
 and continue to be constituted in the manner directed by the 
 said order, and the officers of the several parishes affected 
 thereby shall be empowered and shall be required to act as if 
 such parishes had been constituted in the manner directed 
 prior to the issue of such order." 
 
 Sect. 4. " Nothing herein contained shall apply to the ecclesi- 
 astical divisions of parishes, nor to the constitution of school 
 districts, without the sanction of the Education Department, 4 or 
 shall alter the boundaries of any municipal borough, and for the 
 purposes of the election of members of Parliament and of 
 burgesses in municipal boroughs, of the jury lists, of the action 
 of the justices, and of the police and constables, the parishes 
 shall continue to be deemed unaltered until new lists are made 
 and new constables are appointed." 
 
 Sect. 5. "Where a parish affected by the order shall be 
 included in a highway district, its condition therein and the 
 appointment of the waywarden thereof shall be changed 
 according to the terms of the order, whether its area or contents 
 be diminished or increased thereby." 
 
 Sect. 6. " Every parish constituted under this Act by the 
 
 (1) 39 & 40 Vict. c. 61, s. 1. (4) See 42 & 43 Vict. c. 54, s. 7, 
 
 (2) 42 & 43 Vict. c. 54, s. 4. referred to post, p. 183. 
 
 (3) 39 & 4° Vict. c. 61, s. 2.
 
 1 82 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, order of the Local Government Board shall, notwithstanding 
 c 73i s - 3 6 > n - the prohibition as to the appointment of overseers contained in 
 the twenty-second section of the Poor Law Amendment Act, 
 1844, 1 be a parish for which an overseer shall be appointed, 
 and for all other lay and civil purposes to which a parish may 
 be liable or entitled. 
 
 "The meeting of inhabitants of the same qualified as in the 
 case of any ordinary parish shall be deemed the vestry meeting 
 thereof, and the rector, vicar, or perpetual curate having cure 
 of souls in the greater part thereof shall, when present, be the 
 chairman thereof, unless the Local Government Board shall 
 determine in their order which of such incumbents shall be 
 such chairman, and all the documents of the respective 
 parishes shall be deposited and kept in such place as the 
 Local Government Board by their order shall appoint." 2 
 
 Sect. 7. " If any person shall be deprived of any office or 
 employment, or if his profits in respect thereof shall be 
 diminished under or by reason of anyprovision of this Act, the 
 Local Government Board may, if they see fit, award by their 
 order a compensation to him, according to their judgment, to 
 be paid out of such fund and in such manner as shall appear to 
 them to be equitable." 3 
 
 Sect. 8. " . . . and the justices, who shall make a county 
 rate upon any such parishes before a new basis for the same 
 shall be established, shall make due provision therein for the 
 alterations aforesaid. 4 
 
 " Provided that no person shall be liable to any rate made in 
 the parish to which the part of the parish wherein his land or 
 premises shall be situated may be added before the said twenty- 
 fifth day of March." 
 
 Sect. 9. " Nothing herein contained shall prejudice, vary, or 
 affect any right, interest, or jurisdiction in or over any charit- 
 able endowment which now is, or hereafter shall be, applicable 
 for the benefit of a divided parish, as defined by section one of 
 this Act, or the inhabitants thereof." 5 
 
 The Acts of 1879 an d 1882, contain further provisions as to 
 the maintenance of highways in areas affected by the Acts or 
 
 (1) 7 & 8 Vict. c. 101, s. 22, section, which provides for the 
 referred to ante, pp. 179, 180. adjustment of property, debts, and 
 
 (2) This section from the words liabilities, and for the recovery 
 "The meeting of inhabitants" to of arrears of rates, is repealed by 
 the end of the section is repealed sect. 89, post, except as to cases 
 by sect. 89 of the present Act, so where a parish is dealt with by 
 far as it relates to rural parishes. order of the Local Government 
 With regard to the custody of docu- Board. As to adjustments where a 
 ments in a parish divided by the parish is subdivided by the Local 
 present Act, see sub-sect. (3) of the Government Act, 1S94, see sect. 69, 
 present section. tost. 
 
 (3) As to the position of an (5) For provisions relating to the 
 existing officer of a parish sub- charities of a parish subdivided by 
 divided by the Local Government the Local Government Act, 1894, 
 Act, 1894, see sect. 81, post. see sub-sect. (3) of the present 
 
 (4) The omitted part of the section of that Act.
 
 III.] Areas and Boundaries. 183 
 
 orders made under them. 1 The latter Act also enacts that 56 & 57 Vict. 
 " notwithstanding anything contained in the "lAct of 1876, " any c - 73> s - 3 6 » n - 
 alteration of an area made by or pursuant to this Act shall 
 extend to alter the constitution of the school districts, unless the 
 Educational Department otherwise direct " ; 2 and that " for the 
 purposes of the " Act of 1876, "and the Acts amending the same, 
 a riding or other division of a county having a separate court of 
 quarter sessions, or for which a separate county treasurer may 
 be appointed, shall be deemed to be a separate county." 3 
 
 The important provisions of the Local Government Act, 
 1888, 4 with regard to parish boundaries have been referred to 
 above, and will be found at length in the Appendix. 
 
 Certain other statutory provisions as to parish boundaries may 
 be briefly mentioned : — Provisions for the adjustment of parish 
 boundaries are contained in the Inclosure (Consolidation) Act, 
 T801, 5 and in other early Acts relating to inclosure. 6 Powers 
 for the purpose were conferred on the tithe commissioners and 
 the inclosure commissioners under the Tithe Acts, 1836 to 
 1891, 7 and the Inclosure Acts, 1845 to 1882 8 respectively. 
 These powers are now vested in the Board of Agriculture. 9 
 
 Where the boundaries of a parish have not been determined 
 by statute, or by some order made under statute, they are 
 traditional, and must be determined accordingly in cases of 
 dispute by evidence of reputation. 10 Where a non-tidal river or 
 a highway forms the boundary between two parishes, the pre- 
 sumption, in the absence of positive evidence, is that the 
 middle line of the river or highway forms the exact boundary. 11 
 
 In many parishes it is the custom for the parishioners to 
 perambulate the parish boundaries from time to time in rogation 
 week; 12 and by the Poor Law Amendment Act, 1844, 13 it is 
 provided that all expenses properly incurred by the parish 
 officers " on the perambulation of the parish, and in setting up, 
 
 (1) 42 & 43 Vict. c. 54, s. 7 ; (8) See 8 & 9 Vict. c. 118, s. 39 ; 
 45 & 46 Vict. c. 58, ss. 3, 6. 12 & 13 Vict. c. 83, ss. I, 9 ; 15 & 
 
 (2) 45 & 46 Vict. c. 58, s. 5. 16 Vict. c. 79, s. 28. 
 
 (3) lb. s. 7. (9) See ante, p. 51. 
 
 (4) 51 & 52 Vict. c. 41, s. 57, (10) Reg. v. Mytton (i860), 2 E. 
 and see sect. 54. & E. 557 ; S. C. nom. Mytton v. 
 
 (5) 41 Geo. III. c. 109, s. 3. Thornbury (overseers) ; 29 L. J. 
 
 (6) 6 & 7 Will. IV. c. 115, M. C. 109; 6 Jur. (n.s.) 311 ; 2 
 s. 28 ; 3 & 4 Vict. c. 31, ss. 2, 3. L. T. 12 ; 8 W. R. 275. 
 
 (7) See 1 Vict. c. 69, ss. 2, 3; (11) McCannonv. Sinclair (1859), 
 2 & 3 Vict. c. 62, ss. 34-36 ; 3 & 4 2 E. & E. 53 ; 28 L. J. M. C. 247 ; 
 Vict. c. 15, s. 28; 9 & 10 Vict. 5 Jur. (N.s.) 1302; 7 W. R. 567; 
 c. 73, s. 21 ; as to the definition of Reg. v. Strand District (board of 
 the expression "parish," for the works) (1863), 4 B. & S. 526; 33 
 purposes of these Acts, see 6 & 7 L. J. M. C. 33 ; 9 L. T. 374 ; 12 
 Will. IV. c. 71, s. 12; and, as to W. R. 46. 
 
 the construction of the enactments, (12) SeeGooddayv. Michell (\Q$), 
 
 see Re Ystradgunlais Commutation Cro. Eliz. 441 ; Owen, 71 ; Co. 
 
 (1844), 8 Q. B. 32 ; Re Dent Com- Ent. 650^, 65 1£; Taylor v. Devey 
 
 imitation (1845), 8 Q. B. 43 ; Reg. (1837), 7 A. & E. 409 ; 2 N. & P. 
 
 v. Madeley (inhabitants) (1850), 15 469; 7 L. J. M. C. 11. 
 Q. B. 43 ; 19. J. L M. C. 187. (13) 7 & 8 Vict. c. 101, s. 60.
 
 184 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, and keeping in proper repair the boundary stones of the parish 
 c 73> s. 36, n. provided that such perambulations do not occur more than once 
 in three years," shall be defrayed out of the poor rates. 
 
 The Union. — Under the definition incorporated with the 
 present Act, 1 the expression " poor law union " includes unions 
 formed in the usual way under the Poor Law Amendment Act, 
 1834, 2 and also unions or incorporations under local Acts, 
 and single parishes under separate boards of guardians, whether 
 under local Acts or otherwise. Hitherto the Local Government 
 Board and their predecessors alone have had power to constitute, 
 alter or dissolve unions. 3 
 
 Sanitary Districts. — Under the Public Health Act, 1875, 4 
 England, With the exception of the Metropolis, is divided into 
 urban and rural sanitary districts. 5 The Act provided that, 
 subject to the provisions referred to below, the following areas 
 should form urban sanitary districts : — (1) Municipal boroughs 
 constituted either before or after the passing of the Act, 
 (2) Improvement Act districts constituted before the passing 
 of the Act, and (3) Local government districts constituted either 
 before or after the passing of the Act. 6 The expression 
 " Improvement Act district " was defined as meaning " any area 
 for the time being subject to the jurisdiction of any improve- 
 ment commissioners," i.e. " any commissioners trustees or other 
 persons invested by any local Act with powers of town govern- 
 ment and rating." 7 The expression local government district 
 was defined as meaning " any area subject to the jurisdiction of 
 a local board constituted in pursuance of the Local Government 
 Acts" 8 before the passing of Public Health Act, 1875, or in 
 pursuance of that Act. 9 Special provisions were made as to cases 
 where local government districts, Improvement Act districts and 
 boroughs were wholly or partly coincident in area, and it was 
 provided that certain specified boroughs should not be deemed 
 to be boroughs for the purposes of the Act. 10 
 
 Now, however, with the single exception of Folkestone, 
 every municipal borough is an urban sanitary district subject to 
 the jurisdiction of the corporation acting by the council as 
 
 (1) See sect. 75, and the note to (7) lb. s. 4. 
 
 that section, post. (8) These Acts, which are now, 
 
 (2) 4 & 5 Will. IV. c. 76. with the exception of a few enact- 
 
 (3) lb., ss. 26, 32, 39; Poor ments re-enacted by sect. 343 of 
 Law Amendment Act, 1844 (7 & the Public Health Act, 1875, re- 
 8 Vict. c. 101), ss. 64, 66; Poor pealed, were: The Public Health 
 Law Amendment Act, 1868 (31 & Act, 1848 (11 & 12 Vict. c. 63), 
 32 Vict. c. 122), s. 4; Divided the Local Government Act, 1858 
 Parishes and Poor Law Amend- (21 & 22 Vict. c. 98), the Local 
 ment Act, 1876 (39 & 40 Vict. Government Act (1858), Amend- 
 c. 61), s. II; see also the Local ment Act, 1861 (24 & 25 Vict. 
 Government Act, 1888 (51 & 52 c. 61), and the Local Government 
 Vict. c. 41), s. 58, set out in the Act, Amendment Act, 1863 (26 & 
 Appendix. 27 Vict. c. 17) : see the 5th Sched. 
 
 (4) 38 & 39 Vict. c. 55. to the Public Health Act, 1875. 
 
 (5) lb. s. 5. (9) 38 & 39 Vict. c. 55, s. 4. 
 
 (6) lb. s. 6. (10) lb. s. 6.
 
 III.] Areas and Boundaries. 185 
 
 sanitary authority ; all the cases, with that one exception, where 56 & 57 Vict, 
 this was formerly not the case, having been dealt with. x c. 73, s. 36, n. 
 
 As to the boundaries of municipal boroughs reference may 
 be made to the Municipal Corporations Act, 1835, 2 and the 
 Municipal Corporation Boundaries Act, 1836, 3 both now 
 repealed, and to the Municipal Corporations Act, 1882. 4 The 
 constitution of new municipal boroughs is now regulated by 
 the last mentioned Act, 5 as amended by the Local Government 
 Act, 1888, 6 and by sect. 54 of the present Act. The boundaries 
 of municipal boroughs have, it should be mentioned, been altered 
 in numerous instances by local Acts. 
 
 The only statutory provisions enabling an alteration to be 
 made in the boundaries of a borough are those contained in the 
 Local Government Act, 1888. 7 
 
 With regard to the constitution, dissolution and alteration of 
 local government districts formed before the passing of the 
 Public Health Act, 1875, reference may be made to the enact- 
 ments cited below. 8 Under that Act the Local Government 
 Board have extensive powers for constituting, dissolving and 
 altering these districts: 9 these powers the Local. Government 
 Board have, however, practically ceased to exercise since the 
 coming into operation of the Local Government Act, 1888, 10 
 the provisions of which relating to boundaries will be found in 
 the Appendix, 
 
 Under the Public Health Act, 1875, 11 every union outside 
 London not wholly comprised in an urban sanitary district or 
 districts, with the exception of those portions, if any, which are 
 included in any urban sanitary district, forms a rural sanitary 
 district. The boundaries of rural sanitary districts have 
 accordingly hitherto been entirely dependent upon those of 
 unions and urban sanitary districts. 12 
 
 (1) See the Local Government 40 & 41 Vict. c. 69. 
 
 Board Report for 1888-89; 52 & (6) 51 & 52 Vict. c. 41, s. 56. 
 
 53 Vict. caps. xv.,xxii.,xlvi.,cxii., (7) lb. ss. 52, 54, set out in the 
 
 cxvi., clxxii. ; and, as to Newport, Appendix. 
 
 Isle of Wight, the only borough, (8) 11 & 12 Vict. c. 63, ss. 8-10, 
 
 save Folkestone, excepted by name 141, 142 ; 21 & 22 Vict. c. 98, 
 
 in sect. 6 of the Public Health Act, ss. 12-23 ; 26 Vict. c. 17 ; 34 & 35 
 
 1875, which is not dealt with by Vict. c. 70 ; 35 & 36 Vict. c. 79, 
 
 the Acts above referred to, see 39 ss. 22-25. All these enactments are 
 
 & 40 Vict. c. lxi. now repealed. 
 
 (2) 5 & 6 Will. IV. c. 76, (9) 38 & 39 Vict. c. 55, ss. 270- 
 ss. 7, 8, now repealed. 278. 
 
 (3) 6 & 7 Will. IV. c. 103, now (10) 51 Sc 52 Vict. c. 41. 
 repealed. (11) 3 8 & 39 Vict. c. 55, s. 9. 
 
 (4) 45 & 46 Vict. c. 50, s. 228. (12) The Local Government Act, 
 
 (5) lb. ss. 210-218. As to the 1888 (51 & 52 Vict. c. 41, s. 57), 
 constitution of new boroughs in the purports to enable the boundaries of 
 interim between the Act of 1835 a rural sanitary district to be altered 
 and the Act of 1882, see the follow- independently of the boundaries 
 ing repealed enactments : — 5 & 6 of the union ; but it has hitherto 
 Will. IV. c. 76, s. 141 ; 7 Will. IV. been impracticable to effect such 
 & 1 Vict. c. 78, s. 49 ; 13 & 14 an alteration. 
 
 Vict. c. 42 ; 16 & 17 Vict. c. 79 ;
 
 i86 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict. 
 c 73, s. 37- 
 Provision as 
 to parishes 
 having parts 
 with defined 
 boundaries. 
 
 Orders for 
 grouping 
 parishes and 
 dissolving 
 ;j roups. 
 
 Sect. 37. — Where it is proved to the satisfaction of 
 the county council that any part of a parish has a denned 
 boundary, and has any property or rights distinct from 
 the rest of the parish, the county council may order that 
 the consent of a parish meeting held for that part of the 
 parish shall be required for any such act or class of acts 
 of the parish council affecting the said property or rights 
 as is specified in the order. 
 
 Note. Defined bowidary. — By sect. 12 of the Local 
 Government Act, 1 85 8, 1 it was provided that that Act might 
 be adopted, in certain cases, for "a place having a known or 
 defined boundary." It was held that a district formed for 
 ecclesiastical purposes was such a place ; ~ and that, to entitle 
 a district to adopt the Act as being such a place, it was not 
 necessary that it should be a legal district having a legal 
 boundary of the whole inclosed area, but that it was sufficient 
 if the district had an actual, known, and defined boundary, or 
 one that was physical, visible, and notorious. 3 But the de- 
 cision in one case 4 suggests that a parliamentary borough was 
 regarded as not being a place having a known or defined 
 boundary within the meaning of the enactment in question. 
 
 Order of county council. — With regard to an order of a county 
 council under the present section, see the note to the preceding 
 section, ante, p. 176. 
 
 Rights of part of parish. — By sect. 56 (2) provisions are 
 made under which a parish council, having powers and duties 
 relating to part of their parish only, may be required to appoint 
 a committee for the exercise of such powers and duties con- 
 sisting partly of members of the council and partly of other 
 persons representing the part of the parish in question. 
 
 Sect. 38. — (1.) Where parishes are grouped, the 
 grouping order shall make the necessary provisions for 
 the name of the group, for the parish meetings in each 
 of the grouped parishes, and for the election in manner 
 provided by this Act of separate representatives of each 
 parish on the parish council, and may provide for the 
 consent of the parish meeting of a parish to any par- 
 ticular act of the parish council, and for any other 
 adaptations of this Act to the group of parishes, or to the 
 parish meetings in the group. 
 
 (2.) Where parishes are grouped the whole area under 
 
 (1) 21 & 22 Vict. c. 98, s. 12, 
 now repealed. 
 
 (2) Reg. v. Northowram 6° Clay- 
 ton {rate-payers), (1865) L. R. 1 
 Q. B. no; 7 B. & S. no; 35 
 L. J. Q. B. 90. 
 
 (3) Reg. v. Local Government 
 
 Board (1873), L. R. 8 Q. B. 227; 
 21 W. R. 445. .5". C. 7iom. Reg. 
 v. Grasmere {local board), 42 L. 
 J. Q. B. 131. 
 
 (4) Reg. v. Hardy (1S6S), L. R. 
 4 Q. B. 117; 38 L. J. Q. B. 9; 
 9 B. & S. 926.
 
 III.] Areas and Boundaries. 187 
 
 each parish council shall, unless the county council for 56 & 57 Vict, 
 special reasons otherwise direct, be within the same c - 7 - 3, s * 38, 
 administrative county and county district. 
 
 (3.) Where parishes are grouped, the grouping order 
 shall provide for the application of the provisions of this 
 Act with respect to the appointment of trustees and bene- 
 ficiaries of a charity, and the custody of documents, so as 
 to preserve the separate rights of each parish. 
 
 (4.) The parish meeting of any parish may apply to the 
 county council for a grouping order respecting that parish, 
 and, if the parish has a less population than two hundred, 
 for a parish council, and any such application shall be 
 forthwith taken into consideration by the county council. 
 
 (5.) The county council may, on the application of the 
 council for any group of parishes or of the parish meeting 
 for any parish included in a group of parishes, make an 
 order dissolving the group, and shall by the order make 
 such provision as appears necessary for the election of 
 parish councils of the parishes in the group and for the 
 adjustment of property, rights, and liabilities as between 
 separate parishes and the group. 
 
 Note. Grouping orders. — The power to group parishes 
 under a common parish council is conferred on the county 
 council by sect. 1 (1), which provides, however, that no parish 
 shall be grouped without the consent of the parish meeting. 
 With regard to the relative powers of the parish council of a 
 group and of the parish meetings of the several parishes com- 
 prised in the group, see sect. 19, and the note to that section. 
 
 As to orders of the county council under the section generally, 
 see the note to sect. 36, ante, p. 176. 
 
 Establishment of parish council for s?nall parish. — It will be 
 observed that sub-sect. (4), as regards an application for the 
 establishment of a parish council, is inconsistent with sect. 1, 
 which renders an order of a county council necessary to the 
 establishment of a parish council in a parish with a population 
 under three hundred, and requires the county council to make 
 such an order in the case of a parish with a population between 
 one hundred and three hundred, if the parish meeting so resolve. 1 
 No practical result seems likely to ensue from this inconsistency 
 as, in view of the provisions of sect. 1, the provisions of sub- 
 sect. (4) of the present section as to an application for the 
 establishment of a parish council appear to be in any case 
 superfluous. 
 
 Sect. 39. — (1.) Where the population of a parish not Provisions 
 having a separate parish council increases so as to justify for increase 
 the election of such council, the parish meeting may * n ^S? 86 
 (1) As to the origin of this discrepancy, see ante, p. 171, note (1). uon.
 
 1 88 The Local Govemmefit Act, 1894. [Part 
 
 56 & 57 Vict, petition the county council, and the county council, if 
 c ' 73 ' s ' 39 " they think proper, may order the election of a parish 
 council in that parish, and shall by the order make such 
 provision as appears necessary for separating the parish 
 i'rom any group of parishes in which it is included, and for 
 the alteration of the parish council of the group, and for the 
 adjustment of property, rights, and liabilities as between 
 the group and the parish with a separate parish council. 
 
 (2.) Where the population of a parish, according to 
 the last published census for the time being, is less than 
 two hundred, the parish meeting may petition the county 
 council, and the county council, if they think proper, 
 may order the dissolution of the parish council, and from 
 and after the date of the order this Act shall apply to 
 that parish as to a parish not having a parish council. 
 The order shall make such provision as appears necessary 
 for carrying it into effect, and for the disposal and 
 adjustment of the property, rights, and liabilities of the 
 parish council. Where a petition for such an order is 
 rejected, another petition for the same purpose may not 
 be presented within two years from the presentation of 
 the previous petition. 
 
 Note. Order of county council. — With regard to an order 
 of a county council under this section, see the note to sect. 36, 
 ante, p. 176. 
 
 Certain Sect. 40. — A grouping order, and an order establishing 
 
 orders of or dissolving a parish council, or dissolving a group of 
 
 council not parishes, and an order relating to the custody of parish 
 
 to require documents or requiring the approval of the Charity 
 
 confirma- Commissioners, and an order requiring the consent of 
 
 tion. the parish meeting for any part of the parish to any act 
 
 or class of acts of the parish council, shall not require 
 
 submission to or confirmation by the Local Government 
 
 Board. 
 
 Reduction of Sect. 41. — The time for petitioning against an order 
 
 time for under section fifty-seven of the Local Government Act, 
 
 appealing 1888, shall be six weeks instead of three months after 
 
 county ^e n °ti ce referred to in sub-section three of that section. 
 
 council Sect. 42. — When an order under section fifty-seven 
 
 orders. of the Local Government Act, 1888, has been confirmed 
 
 Validity of \,j f ne Local Government Board, such order shall at the ex- 
 
 c°uncl piration of six months from that confirmation be presumed 
 
 orders. to have been duly made, and to be within the powers of 
 
 that section, and no objection to the legality thereof 
 
 shall be entertained in any legal proceeding whatever.
 
 IV.] Parish Meetings and Elections. i8g 
 
 56 & 57 Vict. 
 c. 73 s. 43. 
 
 PAET IV. 
 
 Supplemental. 
 
 Parish Meetings and Elections. 
 
 Sect. 43. — For the purposes of this Act a woman shall Removal of 
 not be disqualified by marriage for being on any local disqualifica- 
 o-overnment register of electors, or for being- an elector tluU ? , 
 
 O o * o 111 1 1T 1 Oft 
 
 of any local authority, provided that a husband and women# 
 wife shall not both be qualified in respect of the same 
 property. 
 
 Note. Married women. — Married women are at present 
 disqualified to be enrolled as local government electors ; and 
 it seems also that a woman, registered as a local government 
 elector while single, becomes disqualified to vote at an election 
 of borough or county councillors, if she has married in the 
 meantime. 1 
 
 The present section, it will be observed, removes the dis- 
 qualification only " for the purposes of this Act." The section 
 will not therefore, it seems, enable a married woman to vote at 
 an election of borough or county councillors. 
 
 Sect. 44. — (1.) The local government register of Register of 
 electors and the parliamentary register of electors, so parochial 
 far as they relate to a parish shall, together, form the electors ' 
 register of the parochial electors of the parish ; and any 
 person whose name is not in that register shall not be 
 entitled to attend a meeting or vote as a parochial 
 elector, and any person whose name is in that register 
 shall be entitled to attend a meeting and vote as a 
 parochial elector unless prohibited from voting by this 
 or any other Act of Parliament. 
 
 (2.) Where the parish is in a parliamentary borough, 
 such portion of the parliamentary register of electors for 
 the county as contains the names of persons registered in 
 respect of the ownership of any property in the parish 
 shall be deemed to form part of the parliamentary register 
 
 (1) Reg. v. Harrald (1S72), L. R. 26 L. T. 616 ; 20 W. R. 328. 
 7Q. B. 361; 41 L. J. Q. B. 173;
 
 190 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, of electors for the parish within the meaning of this 
 c 73. s. 44. section. 
 
 (3.) The lists and register of electors in any parish shall 
 be framed in parts for wards of urban districts and parishes 
 in such manner that they may be conveniently used as 
 lists for polling at elections for any such wards. 
 
 (4.) Nothing in any Act shall prevent a person, if 
 duly qualified, from being registered in more than one 
 register of parochial electors. 
 
 (5.) Where in that portion of the parliamentary 
 register of electors which relates to a parish a person is 
 entered to vote in a polling district other than the district 
 comprising the parish, such person shall be entitled to 
 vote as a parochial elector for that parish, and in addition 
 to an asterisk there shall be placed against his name a 
 number consecutive with the other numbers in the list. 
 
 (6.) Where the revising barrister in any list of voters 
 for a parish would — 
 
 (a) in pursuance of section seven of the County 
 51 Vict. c. 10. Electors Act, 1888, place an asterisk or other 
 
 mark against the name of any person ; or 
 
 (b) in pursuance of section four of the Registration 
 
 Act, 1885, erase the name of any person otherwise 
 than by reason of that name appearing more 
 than once in the lists for the same parish ; or 
 
 (c) in pursuance of section twenty-eight of the Par- 
 41 & 42 Vict. liamentary and Municipal Registration Act, 1878, 
 c - 26 - as amended bv section five of the Registration 
 
 Act, 1885, place against the name of a person a 
 note to the effect that such person is not entitled 
 to vote in respect of the qualification contained 
 in the list, 
 the revising barrister shall, instead of placing that mark 
 or note, or erasing the name, place against the name, if 
 the person is entitled to vote in respect of that entry as 
 a county elector or burgess, a mark signifying that his 
 name should be printed in division three of the list, or if 
 he is entitled to vote only as a parochial elector, a mark 
 signifying that he is entitled to be registered as a 
 parochial elector, and the name so marked shall not be 
 printed in the parliamentary register of electors, but 
 shall be printed, as the case requires, either in division 
 three of the local government register of electors, or in a 
 separate list of parochial electors. 
 
 (7.) Where the name of a person is entered both in 
 the ownership list and in the occupation list of voters in 
 the same parish, and the revising barrister places against 
 
 48 & 49 Vict 
 c. 15.
 
 IV.] Parish Meetings and Elections. 19 1 
 
 that name a mark or note signifying that the name should 56 & 57 Vict, 
 be printed in division three of the lists, an asterisk or c * 73 ' b ' 44 ' 
 other mark shall be there printed against the name, and 
 such person shall not be entitled to vote as a parochial 
 elector in respect of that entry. 
 
 (8.) Such separate list shall form part of the register 
 of parochial electors of the parish, and shall be printed 
 at the end of the other lists of electors for the parish, 
 and the names shall be numbered consecutively with the 
 other names on those lists, and the law relating to the 
 register of electors shall, with the necessary modifications, 
 apply accordingly, and the lists shall, for the purposes 
 of this Act, be deemed to be part of such register. 
 
 (9.) Any person may claim for the purpose of having 
 his name entered in the parochial electors' list, and the 
 law relating to claims to be entered in lists of voters 
 shall apply. 
 
 (10.) The clerk of the county council or town clerk, 
 as the case may be, shall, in printing the lists returned 
 to him by the revising barrister, do everything that is 
 necessary for carrying into effect the provisions of this 
 section with respect to the persons whose names are 
 marked by the revising barrister in pursuance of this 
 section. 
 
 Note. Conclusiveness of register. — In the case of a Parlia- 
 mentary election, it is provided by sect. 7 of the Ballot Act, 
 1872, 1 that every person on the register shall be entitled to 
 vote ; " provided that nothing in this section shall entitle any 
 person to vote who is prohibited from voting by any statute, or 
 by the common law of Parliament." It has been held that this 
 enactment renders the register conclusive for the purposes of a 
 Parliamentary election, except in the case of " persons who, 
 from some inherent, or for the time irremovable quality in 
 themselves have not, either by prohibition of statutes or at 
 common law, the status of Parliamentary electors." 2 At a 
 Parliamentary election, accordingly, the votes, not only of 
 persons prohibited from voting by statute, but also of aliens, 
 infants, women, &c, may be struck off, if the election is 
 petitioned against, notwithstanding that such persons may by 
 error be on the register. 3 
 
 It may be that sub-sect. (1) of the present section, however, 
 will render the register conclusive for the purpose of elections 
 under the present Act even in the case of persons, such as 
 
 (1) 35 & 36 Vict. c. 33, s. 7. W. R. 911. 
 
 (2) Stowe v. Jolliffe {Petersfield (3) See further the note in the 
 petition) (No. 2) (1874), L. R. 9 Appendix to sect. 100 of the Muni- 
 C. P. 734, at p. 750 ; S. C. 43 cipal Corporations Act, 1882 (45 & 
 L. J. C. P. 265 ; 30 L. T. 795 ; 22 46 Vict. c. 50).
 
 192 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict. 
 c 73, s. 44, n, 
 
 Supple- 
 mental pro- 
 visions as to 
 parish meet- 
 ings. 
 
 Disquali- 
 fications for 
 parish or 
 district 
 council. 
 
 aliens and infants, who have not the status of electors, and will 
 allow of its being questioned on petition only as regards persons 
 prohibited from voting by statute. 
 
 Among persons prohibited by statute from voting at an 
 election under the present Act are persons guilty of certain 
 offences against election law at Parliamentary and other elec- 
 tions, including elections under the present Act, 1 persons 
 employed for payment in connection with the election, 2 and 
 persons adjudged incapable of voting upon conviction under 
 the Public Bodies Corrupt Practices Act, 1889. 3 
 
 Sect. 45. — (1.) Subject to the provisions of this Act, 
 parish meetings shall be held on such days and at such 
 times and places as may be fixed by the parish council, 
 or, if there is no parish council, by the chairman of the 
 parish meeting. 
 
 (2.) If the chairman of the parish council is present at 
 a parish meeting and is not a candidate for election at 
 the meeting, he shall, save as otherwise provided by this 
 Act, be the chairman of the meeting. 
 
 (3.) The chairman of the parish council, or any two 
 parish councillors, or the chairman of the parish meeting, 
 or any six parochial electors, may at any time convene a 
 parish meeting. 
 
 Note. Parish meeting. — With regard to the assembly of 
 the parish meeting, and to the chairman of a parish meeting, 
 see the note to sect. 2, ante, pp. 6, 7. 
 
 Sect. 46. — (1.) A person shall be disqualified for being 
 elected or being a member or chairman of a council of a 
 parish or of a district other than a borough or of a board 
 of guardians if he — 
 
 (a) is an infant or an alien ; or 
 
 (b) has within twelve months before his election, or 
 
 since his election, received union or parochial 
 relief; or 
 
 (c) has, within five years before his election or since 
 
 his election, been convicted either on indictment 
 or summarily of any crime, and sentenced to 
 imprisonment with hard labour without the option 
 
 (1) See the Corrupt and Illegal 
 Practices Prevention Act, 1883 (46 
 & 47 Vict. c. 51), ss. 6 (3), 10, 36, 
 3,7, 3.8 (5)» 43 (4) 5 the Municipal 
 Elections (Corrupt and Illegal Prac- 
 tices) Act, 1884 (47 & 48 Vict, c.70), 
 ss. 2 (2), 8 (2), 22, 23, 28 (4) ; the 
 Local Government Act, iSSSJsi & 
 
 52 Vict. c. 41), s. 75 ; and see sect. 
 48 of the present Act. 
 
 (2) Municipal Elections (Corrupt 
 and Illegal Practices) Act, 1884 (47 
 & 48 Vict. c. 70), s. 13 (3), incor- 
 porated with the present Act by 
 sect. 48 (3). 1 
 
 (3) 52 & 53 Vict. c. 69, s. 2.
 
 IV.] Parish Meetings and Elections. 193 
 
 of a fine, or to any greater punishment, and has 56 & 57 Vict. 
 not received a free pardon, or lias, within or c> 73 ' s - 4 ' 
 during the time aforesaid, been adjudged bank- 
 rupt, or made a composition or arrangement with 
 his creditors ; or 
 
 (d) holds any paid office under the parish council or 
 
 district council or board of guardians, as the 
 case may be ; or 
 
 (e) is concerned in any bargain or contract entered 
 
 into with' the council or board, or participates in 
 
 the profit of any such bargain or contract or of 
 
 any work done under the authority of the council 
 
 or board. 
 
 (2.) Provided that a person shall not be disqualified 
 
 for being elected or being a member or chairman of any 
 
 such council or board by reason of being interested — 
 
 (a) in the sale or lease of any lands or in any loan of 
 
 money to the council or board, or in any contract 
 with the council for the supply from land, of 
 which he is owner or occupier, of stone, gravel, 
 or other materials for making or repairing 
 highways or bridges, or in the transport of 
 materials for the repair of roads or bridges in his 
 own immediate neighbourhood ; or 
 
 (b) in any newspaper in which any advertisement 
 
 relating- to the affairs of the council or board is 
 inserted; or 
 
 (c) in any contract with the council or board as a 
 
 shareholder in any joint stock company ; but he 
 
 shall not vote at any meeting of the council or 
 
 board on any question in which such company 
 
 are interested, except that in the case of a water 
 
 company or other company established for the 
 
 carrying on of works of a like public nature, this 
 
 prohibition may be dispensed with by the county 
 
 council. 
 
 (3.) Where a person who is a parish councillor, or is a 
 
 candidate for election as a parish councillor, is concerned 
 
 in any such bargain or contract, or participates in any 
 
 such profit, as would disqualify him for being a parish 
 
 councillor, the disqualification may be removed by the 
 
 county council if they are of opinion that such removal 
 
 will be beneficial to the parish. 
 
 (4.) Where a person is disqualified by being adjudged 
 bankrupt or making a composition or arrangement with 
 his creditors, the disqualification shall cease, in case of 
 bankruptcy, when the adjudication is annulled, or when 
 
 o
 
 1 94 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, he obtains his discharge with a certificate that his bank- 
 er 73, s. 46. rU pt C y W as caused by misfortune without any misconduct 
 on his part, and, in case of composition or arrangement, 
 on payment of his debts in full. 
 
 (5.) A person disqualified for being a guardian shall 
 also be disqualified for being a rural district councillor. 
 
 (6.) If a member of a council of a parish, or of a 
 district other than a borough, or of a board of guardians, 
 is absent from meetings of the council or board for more 
 than six months consecutively, except in case of illness 
 or for some reason approved by the council or board, his 
 office shall on the expiration of those months become 
 vacant. 
 
 (7.) Where a member of a council or board of guar- 
 dians becomes disqualified for holding office, or vacates 
 his seat for absence, the council or board shall forthwith 
 declare the office to be vacant, and signify the same by 
 notice signed by three members and countersigned by 
 the clerk of the council or board, and notified in such 
 manner as the council or board direct, and the office 
 shall thereupon become vacant. 
 
 (8.) If any person acts when disqualified, or votes 
 when prohibited under this section, he shall for each 
 offence be liable on summary conviction to a fine not 
 exceeding twenty pounds. 
 
 (9.) This section shall apply in the case of any 
 authority whose members are elected in accordance with 
 this Act in like manner as if that authority were a district 
 council, and in the case of London auditors as if they 
 were members of a district council. 
 
 Note. Union or Parochial Relief. — With regard to relief 
 granted to married women and children, the Poor Law Amend- 
 ment Act, 1834, 1 contains the following enactments : — 
 
 Sect. 56 2 — " All relief given to or on account of the wife, or 
 to or on acccount of any child or children under the age of 
 sixteen, not being blind or deaf and dumb, shall be considered 
 as given to the husband of such wife, or to the father of such 
 child or children, as the case may be, and any relief given to 
 or on account of any child or children under the age of 
 sixteen of any widow, shall be considered as given to such 
 widow. ..." 
 
 Sect. 57 3 — " Every man who from and after the passing of 
 this Act shall marry a woman having a child or children at the 
 time of such marriage, whether such child or children be 
 legitimate or illegitimate, shall be liable to maintain such child 
 or children as a part of his family, and shall be chargeable with 
 
 (I) 4 & 5 Will. IV. c. 76. (2) lb. s. 56. (3) lb. s. 57.
 
 IV.] Parish Meetings and Elections. 195 
 
 all relief, or the cost price thereof, granted to or on account of 5 6 & 57 Vi ct- 
 such child or children until such child or children shall c - 73. s - 46, n. 
 respectively attain the age of sixteen, or until the death of the 
 mother of such child or children ; and such child or children 
 shall, for the purposes of this Act, be deemed a part of such 
 husband's family accordingly." 
 
 Sect. 7 1. 1 — " Every child which shall be born a bastard after 
 the passing of this Act shall have and follow the settlement of 
 the mother of such child until such child shall attain the age of 
 sixteen, or shall acquire a settlement in its own right, and such 
 mother, so long as she shall be unmarried or a widow, shall be 
 bound to maintain such child as a part of her family until such 
 child shall attain the age of sixteen ; and all relief granted to 
 such child while under the age of sixteen shall be considered 
 as granted to such mother : Provided always, that such liability 
 of such mother as aforesaid shall cease on the marriage of such 
 child, if a female." 
 
 The Married Women's Property Act, 18S2, 2 provides that 
 " A married woman having separate property shall be subject 
 to all such liability for the maintenance of her children and 
 grandchildren as the husband is now by law subject to for the 
 maintenance of her children and grandchildren : Provided 
 always, that nothing in this Act shall relieve her husband from 
 any liability imposed upon him bylaw to maintain her children 
 or grandchildren." 
 
 Whether this enactment has the effect of rendering relief given 
 to the children of a married woman with separate property relief 
 to her so as to entail any disqualification on her appears not to 
 have been decided. 
 
 The Elementary Education Act, 1876, 3 provides that a 
 parent of children whose school fees are paid by the guardians 
 under that Act is not by reason of such payment to "be 
 deprived of any franchise, right, or privilege, or be subject to 
 any disability or disqualification." 
 
 The Vaccination Act of 1867, 4 provides that " the vaccina- 
 tion, or the surgical or medical assistance incident to the 
 vaccination, of any person in a union or parish . . . performed 
 or rendered by a public vaccinator, shall not be considered to 
 be parochial relief, alms, or charitable allowance to such 
 person or his parent, and no such person or his parent shall by 
 reason thereof be deprived of any right or privilege, or be 
 subject to any disability or disqualification." 
 
 Under the Reform Act, 1832, 5 which disqualifies for the 
 parliamentary franchise persons who have within a given 
 period received parochial relief, it has been held that, though 
 persons may be compelled to contribute towards the mainte- 
 nance of their parents and grandparents, relief granted to a 
 
 (1) 4 & 5 Will. IV. c. 76, s. 71. (4) 30 & 3 1 vict - c - 8 4> s - 26 - 
 
 (2) 45 & 46 Vict. c. 75, s. 21. (5) 2 Will. IV. c. 45. s - 3 6 - 
 
 (3) 39 & 40 Vict. c. 79, s. 10. 
 
 o 2
 
 196 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, person's parents or grandparents does not disqualify such 
 c. 73, s. 46, n. person. 1 
 
 Under the same Act it was held, at the trial of an election 
 petition, that relief given to a child did not disqualify the 
 child's grandparent with whom the child lived. 2 
 
 In the same case, Blackburn, J., expressed an opinion that 
 relief given by way of loan and duly repaid would not dis- 
 qualify the recipient, 3 but it is difficult to understand the 
 grounds of this opinion. 
 
 Excusal of payment of the poor rate on account of poverty 
 under the Poor Relief Act, 1814, 4 is not parochial relief 
 within the meaning of the Reform Act, 5 though of course it 
 would lead to the loss of any qualification depending upon the 
 payment of the poor rate. 
 
 Employment during time of distress by guardians, where the 
 pay was not to commensurate with the work done but with the 
 wants of the person employed, was held to be parochial relief 
 within the meaning of the last-mentioned Act. 6 
 
 Conviction of crime. — Under a provision of the Elementary 
 Education Act, 1870, 7 providing that if a member of a school 
 board should be " punished with imprisonment for any crime," 
 he should cease to be a member, it was held that a member im- 
 prisoned on summary conviction in Ireland under the Criminal 
 Law and Procedure (Ireland) Act, 1887, 8 lost his seat. 9 
 
 Bankruptcy. — The provisions of the Bankruptcy Acts, 10 dis- 
 qualifying bankrupts from certain offices appear to be super- 
 seded by the present section as regards the offices to which 
 the section refers. 
 
 The Court has power to grant a certificate, such as is- 
 referred to in sub-section (4), under the Bankruptcy Act,!i883, n 
 and the refusal of such a certificate is subject to appeal. As 
 to the meaning of the expression bankruptcy caused by mis- 
 fortune without misconduct, see the cases cited below. 12 
 
 (1) Trotter v. Trevor (1862), 13 (6) Magarrill v. Whitehaven 
 C. B. (N.s.) 48; K. & G. 531 ; 32 {overseas) (1885), 16 Q. B. D. 
 L. J. C. P. 59 ; 9 Jur. (N.s.) 443 5 242 ; 55 L. J. Q. B. 38 ; 53 L. T. 
 7 L. T. 678 ; 1 1 W. R. 92 ; Cf. Reg. 667 ; 34 W. R. 275 ; 49 J. P. 743 ; 
 v. Ireland (1S68), L. R. 3 Q. B. Colt. 448. 
 
 130 ; 37 L- J- Q- B. 73 5 *7 L- T. (7) 33 & 34 Vict. c. 75, Sched. II., 
 
 466 ; 16 W. R. 358 ; 9 B. & S. 19, Part i., rule 14. 
 decided on the 5 & 6 Will. IV. (8) 50 & 51 Vict. c. 20— the so- 
 
 c. 76, s. 9, now repealed. called ' ' Coercion " Act. 
 
 (2) Oldham election petition {Cob- (9) Conybeare v. London {school 
 belt v. Hibbert) (1869), 1 O'M & H. board) (1890), L. R. [1891] 1 Q. B. 
 151, at p. 160 ; S. C. 20 L. T. 302, 118 ; 60 L. J. Q. B. 44 ; 63 L. T. 
 at p. 309. 651 ; 39 W. R. 288 ; 55 J. P. 151 ; 
 
 (3) lb., 1 O'M. & H., p. 161 ; 17 Cox C. C. 191. 
 
 20 L. T., p. 309. (10) Bankruptcy Act, 1883 (46 & 
 
 (4) 54 Geo. III. c. 170, s. 11. 47 Vict. c. 52) s. 32 ; Bankruptcy 
 
 (5) Mashiter v. Dunn (1S4S), Act, 1890 (53 & 54 Vict. c. 71), 
 6 C. B. 30; 18 L. J. C. P. 13 ; s. 9. 
 
 S. C. nom. Mashiter v. Lancaster (11) 46 & 47 Vict. c. 52, s. 32. 
 {lozun clerk), 2 Lutw. Reg. Cas. (12) Re Burgess (1S87), 57 L. T. 
 112. 200; 35 W. R. 702; 4 M. B. R.
 
 IV.] Parish Meetings and Elections. 197 
 
 Composition with creditors. — The Public Health Act, 1875, 1 56 & 57 Vict. 
 
 provided that "a person who is a bankrupt or whose affairs are c - 73. s - 4 6 > »• 
 
 under liquidation by arrangement or who has entered into any 
 
 composition with his creditors, shall be incapable, so long as 
 
 any proceedings in relation to such bankruptcy liquidation or 
 
 •composition are pending, of being elected member of a local 
 
 board." This provision was held 2 not to disqualify a person 
 
 who had assigned all his property by deed to a trustee for the 
 
 benefit of those of his creditors who should sign the deed, 
 
 where the deed mentioned no sum as a composition to be paid 
 
 on the debts scheduled as due to the creditors, and contained a 
 
 clause discharging the debtor from all debts due to the 
 
 signing creditors ; the Court considering that the deed was not 
 
 a composition with creditors within the meaning of the Act. 
 
 Interest in a contract, &»c. — Many Acts of Parliament both 
 general and local contain provisions either disqualifying persons 
 interested in a contract with a local authority to be members 
 of the authority, or simply forbidding members of the authority 
 to contract with the authority ; and upon.such provisions, which 
 of course differ considerably from one another in terms, a 
 considerable number of cases have been decided. It will, 
 however, be necessary, in considering how far any such case 
 may be regarded as an authority on the interpretation of the 
 present section, to have regard to the exact terms of the 
 enactment on which the case was decided. 
 
 The present enactment as respects the nature of the interest 
 that is to disqualify, appears to be taken in substance from an 
 enactment in the Public Health Act, 1875, 3 which provided that 
 subject to certain exceptions a member of a local board who 
 " in any manner is concerned in any bargain or contract 
 entered into by such board, or participates in the profit thereof, 
 or of any work done under the authority of this Act in and for 
 the district " of the local board, should cease to be a member of 
 the board. 
 
 A contract with an authority will apparently, under the 
 present section, entail the disqualification of a person con- 
 cerned in it although, owing to some informality, it may be 
 unenforceable. 4 
 
 The two following cases may be referred to on the question 
 whether the disqualification in respect of a contract will cease 
 when the contract is completely executed, and it merely 
 remains for the contractor to receive payment. 
 
 1S6 ; Re Campbell, Lord Colin, Q. B. D. 269 ; 56 L. J. M. C. 33 ; 
 
 {1888), 20 Q. B. D. 816 ; 59 L. T. 51 J. P.-soo. 
 
 194; 36 W. R. 582; 5 M. B. R. (3) 38 & 39 Vict. c. 55, Sched. II., 
 
 94. rule 64, repealed by the present 
 
 (1) 38 & 39 Vict. c. 55, Sched. Act. 
 
 II., rule 5, repealed by the present (4) Reg. v. Francis (1852), 18 
 
 Act. Q. B. 526; 21 L. J. Q. B. 304; 
 
 (2) Reg. v. Cooban (1886), 18 16 Jur. 1045.
 
 198 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. The first of these cases, 1 arose under enactments providing 
 c. 73, s. 46, n. that, subject to certain exceptions, a person should not " be 
 qualified to be elected or to be " a councillor or alderman of a 
 borough " during such time as he " should " have directly or 
 indirectly, by himself or his partner, any share or interest in 
 any contract or employment with, by, or on behalf of" the 
 council of the borough, 2 but that a person should not be dis- 
 qualified under the foregoing enactment "by reason only of 
 his having or having had . . . any share or interest ... in 
 any security for the payment of money only." 3 One L. con- 
 tracted with commissioners for supplying a borough with water, 
 to execute works for them, but gave up the contract after 
 executing portions of the works, and it was agreed between 
 him and the commissioners by deed that they should pay him 
 a certain balance in certain events. The deed contained 
 mutual releases, and covenants by L. not to molest the com- 
 missioners, that he had not injured the title, and for further 
 assurances. The council of the borough subsequently suc- 
 ceeded to the powers, Sic, of the commissioners and became 
 bound to L. under this deed. It was held that L. was not 
 disqualified to be a councillor of the borough, as the deed in 
 question was a " security for the payment of money only " the 
 covenants on L.'s part being merely ancillary to the main 
 object of the deed. 
 
 In the second case, 4 which arose under an enactment 5 which 
 disqualifies for membership of the House of Commons any 
 person who contracts for the public service " during the time 
 that he shall execute, hold, or enjoy any such contract ... or 
 any benefit or emolument arising from the same," it was held 
 that a person was not disqualified who had completely executed 
 a contract for the public service but had not received the 
 payment due to him under it. 
 
 It seems that the present section will have the effect of 
 disqualifying for membership of an authority not only persons 
 who themselves contract with the authority, but also any 
 person who wittingly executes work or supplies goods for the 
 authority under a sub-contract with such persons. 
 
 This was held to be the effect of the provision in the Public 
 Health Act, 1875, 6 quoted ante, p. 197 in a case 7 where a 
 contractor agreed with a local board to make alterations in 
 certain gas fittings and employed a member of the board to 
 
 (1) LeFeitvrew Lankester (1854), 1882 (45 & 46 Vict. c. 50), s. 12. 
 
 3 E. & B. 530; 2 C. L. R. 1426; (4) Royse v. Birley (Manchester 
 
 23 L. J. Q. B. 254; 18 Jur. 894; election petition) (1869) L. R.4 C. P. 
 
 2 W. R. 307. 296 ; 38 L. J. C. P. 203 ; 20 L. T. 
 
 (2) Municipal Corporations Act, 786 ; 17 W. R. 827. 
 
 1835 (5 & 6 Will. IV. c. 76), s. 28, (5) 22 Geo. III. c. 45, s. I. 
 
 now repealed. (6) 38 & 39 Vict. c. 55, Sched. II., 
 
 (3) 5 & 6 Vict. c. 104, s. 7 ; this rule 64, repealed by the present 
 and the last-mentioned enactment Act. 
 
 are now repealed and are replaced (7) Tomkins v. Jolliffe (1887), 
 
 by the Municipal Corporations Act, 51 J. P. 247.
 
 IV.] Parish Meetings and Elections. 199 
 
 erect the necessary scaffolding ; and it was decided accord- 56 & 57 Vict, 
 ingly that the latter thereby became disqualified for member- c - 73. s. 4 6 > n. 
 ship of the board. 
 
 This decision was followed in the Court of Appeal in a 
 subsequent case l on the same enactment where the circum- 
 stances were very similar. 2 
 
 In an earlier case on the other hand, 3 decided under sect. 28 
 of the Municipal Corporations Act, i835, 4 the material parts of 
 which are set out ante, p. 198, it was held that a person who had 
 sold some iron to a contractor to be used in the erection 
 of railings which the contractor had agreed to erect for a 
 borough council, was not disqualified for membership of the 
 council. 
 
 With regard to the meaning of being " concerned " in a 
 contract the following further cases may be referred to. 
 
 In a case 5 decided under an enactment 6 providing that, in 
 case any member of a metropolitan vestry should " in any 
 manner be concerned or interested in any contract or work 
 made with or executed for " such vestry, he should cease to be 
 a member thereof, a person who had lent money to a con- 
 tractor for the purpose of enabling him to carry out a contract 
 with a vestry, and had taken an assignment of the contract by 
 way of security for the loan, was held to be disqualified for 
 membership of the vestry. 
 
 In another case, 7 decided under a section of the Municipal 
 Corporations Act, 1882, 8 providing that "a person shall be 
 disqualified for being elected and for being a councillor, if and 
 while he . . . has directly or indirectly, by himself or his 
 partner, any share or interest in any contract or employment 
 with, by, or on behalf of the council" of the borough, a 
 person was held to be disqualified who had, in partnership 
 with another, contracted with the council, but had dissolved 
 the partnership and assigned the contracts to his former 
 partner, remaining liable however, under the contracts and the 
 bonds securing the due performance of the same, to the 
 council, who were not parties to the assignment. 
 
 The following cases may be referred to on the question as to 
 what amounts to a " contract" within the meaning of the 
 section. 
 
 A person was held to be disqualified for the office of 
 councillor of a borough under the provisions of the Municipal 
 
 (1) Nutton v. Wilson (1889), 22 now repealed. 
 
 Q. B. D. 744 ; 58 L. J. Q. B. 443 ; (5) Hunnings v. Williamson 
 
 37 W. R. 522 ; 53 J- P- 644- (1883), 11 Q. B. D. 533 ; 52 L. J. 
 
 (2) Cf. West v. Andreivs (1S22), Q. B. 416; 49 L. T. 361; 32 
 5 B. & Aid. 328 ; 1 B. & C. 77 ; W. R. 267 ; 48 J. P. 132. 
 
 2 D. & R. 184 ; Towsey v. White (6) The Metropolis Management 
 
 (1826), 5 B. & C. 125; 7 D. & R. Act, 1855 (18 & 19 Vict. c. 120), 
 
 810. s. 54 , repealed by the present Act. 
 
 (3) Le Feuvre v. Lankester, ubi (7) Cox v. Ambrose (1890), 60 
 sup. L.J. Q. B. 114; 55 J- P-23- 
 
 (4) 5 & 6 Will. IV. c. 76, s. 28, (8) 45 & 46 Vict. c. 50, s. 12.
 
 200 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Corporations Act, 1835, 1 already quoted, where a lease of 
 c. 73, s. 46, n. certain premises had been granted by the council to a trustee 
 for his benefit, 2 there being no exception when that case was 
 decided in favour of a person merely interested in a lease. 
 
 Under a local Act providing that no person should be 
 capable of acting as a commissioner in the execution of the 
 Act who should be interested in any contract for furnishing 
 supplying or selling any article, matter or thing to be employed 
 or made use of for the purposes of the Act, it was held that a 
 person who had contracted with the commissioners to sell 
 them a plot of land to be used for the purposes of the Act was 
 not disqualified from acting, though the conveyance had not 
 been executed. 3 
 
 In another case 4 under the Commissioners Clauses Act, 
 1847, 5 which provides that "any person who at any time after 
 his appointment or election as a commissioner shall ... be 
 concerned or participate in any manner in any contract . . . 
 under the authority of the " special Act incorporating the 
 enactment, "shall thenceforth cease to be a commissioner," it 
 was held that an invoice in the hand-writing of the defendant, 
 charging the commissioners for lime supplied to them on 
 several occasions during four months, was evidence that the 
 defendant was concerned, or had participated, in a contract 
 with the commissioners. 
 
 In a case 6 under the above quoted provisions of the Public 
 Health Act, 1875, 7 it appeared that H. did work for a local 
 board at the request of their surveyor, because the surveyor 
 was unable to get the work done by any one else in the time, 
 and delay would have occasioned great expense, that H. made 
 no regular bargain as to the work, that he was paid some £\o 
 for it, and that he made no profit out of the transaction ; and 
 it was held that there was ample evidence that H. was 
 concerned in a contract with the board. 
 
 In a recent case 8 under the provisions of the Municipal 
 Corporations Act, 1882, 9 already referred to, it appeared that 
 one G. was appointed chemist to a municipal corporation and 
 that, in virtue of such appointment, he was entitled to supply 
 goods in the way of his business to the police and the fire 
 brigade. G. was afterwards elected a member of the town 
 council, but did not resign his appointment as chemist to the 
 corporation; and it appeared that on one occasion he had, 
 
 (1) 5 & 6 Will. IV. c. 76, s. 28, (6) Fletcher v. Hudson (No. 2) 
 now repealed. (18S1), 7 Q. B. D. 611; 51 L.J. 
 
 (2) Simpson v. Ready (1844), 12 Q. B. 48 ; 46 L. T. 125 ; 30 W. K. 
 M. & W. 736 ; 1 D. & L. 1024 ; 349 ; 46 J. P. 372. 
 
 13 L. J. Ex. 193. (7) 38 & 39 Vict. c. 55, Sched. II., 
 
 (3) Woolley v. Kay (1856), 1 lule 64, repealed by the present 
 H. & N. 307 ; 25 L. J. Ex. 351. Act. 
 
 (4) Nicholson v. Fields (1S62), 7 (8) Nell v. Longbottom {Louth 
 H. & N. 810; 31 L. J. Ex. 233; petition), " Times " newspaper, 2SU1 
 10 W. R. 304. February, 1894. 
 
 (5) 10 & II Vict. c. 16, s. 9. (9) 45 & 46 Vict. c. 50, s. 12.
 
 IV.] Parish Alee tings and Elections. 201 
 
 after his election, supplied four pennyworth of oil to a member 56 & 57 Vict, 
 of the fire brigade on behalf of the corporation. It was held c - 73. s - 46, n. 
 that G. was disqualified. 
 
 Interest in lease. — It was held, on words in the Public 
 Health Act, 1875, 1 precisely similar to those in the first part 
 of sub-sect. (2, a) of the present section, that the exception 
 was not confined to the case of a lease to a local board but 
 extended to a lease from the board : where accordingly a 
 member of a local board took a sewage farm on lease from 
 them, he was held to be entitled to continue to hold his seat 
 on the board. The lease in question contained covenants on 
 the lessee's part as to the disposal of sewage, &c, but it was 
 held that these covenants were ancillary to the main object of 
 the lease and that the lessee was therefore not disqualified by 
 reason of having entered into the same. 2 
 
 In a recent case 3 arising under the Municipal Corporations 
 Act, 1882, 4 it was held that a member of a town council who 
 let a building to the council for one day for the purposes of a 
 polling station, did not become disqualified, as the case came 
 within the exception in favour of a lease of land. 
 
 Disqualifications under other statutes. — -The disqualifications 
 provided for in the present section are not the only statutory 
 disqualifications that will apply to the offices mentioned in the 
 section. 
 
 By sect. 48 of the Poor Law Amendment Act, 1834, 5 no 
 person is to " have the management of the poor in any way 
 whatever, who shall have been convicted of felony, fraud, or 
 perjury." Persons convicted of these offences will therefore 
 be disqualified for the office of guardian. 6 
 
 Sect. 14 of the Poor Law Amendment Act, 1842, 7 enacts 
 that : — " No person, during the time for which he may serve 
 or hold the office of assistant overseer of any parish, nor any 
 paid officer engaged in the administration of the laws for relief 
 
 c.) (1876), 35 L. T. 594. (5) Charlesworth v. Regard 
 
 (2) Lewisv. Can- {1S76), 1 Ex. D. (1834), 1 C. M. & R. 49S ; 4 Tyr. 
 484; 46 L. J. Ex. 314 ; 36 L. T. 824 ; 4 L. J. Ex. 89. 
 
 44 ; 24 W. R. 940. (6) 18 & 19 Vict. c. 120, s. 54.
 
 204 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 55 & 57 Vict. 
 
 c. 73, s. 47. 
 
 Supple- 
 mental pro- 
 visions as to 
 elections, 
 polls, and 
 tenure of 
 office. 
 
 or if not so determined, by the chairman of the parish 
 council. 
 
 (2.) A retiring parish councillor or chairman of a parish 
 council or parish meeting shall be re-eligible. 
 
 (3.) A parish councillor may, by notice in writing to 
 the chairman of the council, resign his office, and a chair- 
 man of a parish council or parish meeting may resign his 
 chairmanship by notice in writing to the council or 
 meeting. 
 
 (4.) A casual vacancy among parish councillors or in 
 the office of chairman of the council shall be filled by the 
 parish council, and where there is no parish council, a 
 casual vacancy in the office of chairman of the parish 
 meeting shall be filled by the parish meeting, and the 
 person elected shall retire from office at the time when 
 the vacating councillor or chairman would have retired. 
 
 (5.) If any parish council become unable to act by 
 reason of a want of councillors, whether from failure to 
 elect or otherwise, the county council may order a new 
 election, and may by order make such provision as seems 
 expedient for authorising any person to act temporarily 
 in the place of the parish council and of the chairman 
 thereof. 
 
 Sect. 48. — (1.) The election of a parish councillor 
 shall be at a parish meeting, or at a poll consequent 
 thereon. 
 
 (2.) Kules framed under this Act by the Local G-overn- 
 ment board in relation to elections shall, notwithstanding 
 anything in any other Act, have effect as if enacted in 
 this Act, and shall provide, amongst other things — 
 (i.) for every candidate being nominated in writing by 
 two parochial electors as proposer and seconder 
 and no more ; 
 (ii.) for preventing an elector at an election for a union 
 or for a district not a borough from subscribing 
 a nomination paper or voting in more than one 
 parish or other area in the union or district ; 
 (iii.) for preventing an elector at an election for a parish 
 divided into parish wards from subscribing a 
 nomination paper or voting for more than one 
 ward ; 
 (iv.) for fixing or enabling the county council to fix the 
 day of the poll and the hours during which the 
 poll is to be kept open, so, however, that the poll 
 shall always be open between the hours of six 
 and eight in the evening ; 
 (v.) for the polls at elections held at the same date and
 
 IV.] Parish Meetings and Elections. 205 
 
 in the same area being taken together, except 5 6 & 57 Vict, 
 where this is impracticable ; c ' 73, s ' 4 
 
 (vi.) for the appointment of returning officers for the 
 
 elections. 
 (3.) At every election regulated by rules framed under 35 & 36 Vict, 
 this Act, the poll shall be taken by ballot, and the Ballot 4 7 3 £' 48 y 
 Act, 1872, and the Municipal Elections (Corrupt and c 7 q 
 Illegal Practices) Act, 1884, and sections seventy-four 45 & 46 Vict, 
 and seventy-five and Part IV. of the Municipal Corpora- c. 50. 
 tions Act, 1882, as amended by the last-mentioned Act 
 (including the penal provisions of those Acts) shall, 
 subject to adaptations, alterations, and exceptions made 
 by such rules, apply in like manner as in the case of a 
 municipal election. Provided that — 
 
 (a.) section six of the Ballot Act, 1872, shall apply in 
 the case of such elections, and the returning 
 officer may, in addition to using the schools 
 and public rooms therein referred to free of 
 charge, for taking the poll, use the same, free of 
 charge, for hearing objections to nomination 
 papers and for counting votes ; and 
 (b.) section thirty-seven of the Municipal Elections 
 (Corrupt and Illegal Practices) Act, 1884, shall 
 apply as if the election were an election men- 
 tioned in the First Schedule to that Act. 
 (4.) The provisions of the Municipal Corporations 
 Act, 1882, and the enactments amending the same, with 
 respect to the expenses of elections of councillors of a 
 borough, and to the acceptance of office, resignation, re- 
 eligibility of holders of office, and the filling of casual 
 vacancies, and section fifty-six of that Act, shall, subject 
 to the adaptations, alterations, and exceptions made by 
 the said rules, apply in the case of guardians and of 
 district councillors of a county district not a borough, and 
 of members of the Local Board of Woolwich, and of a 
 vestry under the Metropolis Management Acts, 1855 to 
 1890, and any Act amending the same. Provided that — 
 (a.) the provisions as to resignation shall not apply to 
 guardians, and district councillors of a rural 
 district shall be in the same position with respect 
 to resignation as members of a board of 
 guardians ; and 
 (b.) nothing in the enactments applied by this section 
 shall authorise or require a returning officer to 
 hold an election to fill a casual vacancy which 
 occurs within six months before the ordinary day 
 of retirement from the office in which the vacancy
 
 206 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. occurs, and the vacancy shall be rilled at the 
 
 c 73, s. 48. next ordinary election ; and 
 
 (c.) the rules may provide for the incidence of the 
 charge for the expenses of the elections of 
 guardians beiug the same as heretofore. 
 
 (5.) If any difficulty arises as respects the election of 
 any individual councillor or guardian, or member of any 
 such local board or vestry as aforesaid, or auditor, and 
 there is no jjrovision for holding another election, the 
 county council may order a new election to be held and 
 give such directions as may be necessary for the purpose 
 of holding the election. 
 
 (6.) Any ballot boxes, fittings, and compartments pro- 
 vided by or belonging to any public authority, for any 
 election (whether parliamentary, county council, muni- 
 cipal, school board, or other), shall, on request, and if not 
 required for immediate use by the said authority, be lent 
 to the returning officer for an election under this Act, 
 upon such conditions and either free of charge or, except 
 in the prescribed cases, for such reasonable charge as may 
 be prescribed. 
 
 (7.) The expenses of any election under this Act shall 
 not exceed the scale fixed by the county council, and if 
 at the beginning of one month before the first election 
 under this Act a county council have not framed any such 
 scale for their county, the Local Government Board may 
 frame a scale for the county, and the scale so framed shall 
 apply to the first election, and shall have effect as if it 
 had been made by the county council, but shall not be 
 alterable until after the first election. 
 
 (8.) This section shall, subject to any adaptations made 
 by the said rules, apply in the case of every poll conse- 
 quent on a parish meeting, as if it were a poll for the 
 election of parish councillors. 
 
 Note. Elections. — The elections expressly directed by the 
 Act to be held in accordance with rules framed under the Act 
 are : — elections of parish councillors, 1 guardians, 2 district 
 councillors of a county district other than a borough, 3 members 
 of metropolitan vestries under the Metropolis Management 
 Acts, 4 members of the local board of Woolwich, 5 and auditors 
 for parishes in London elected under the Metropolis Manage- 
 ment Acts. 
 
 Inasmuch moreover as by sub-sect. (8) the present section is 
 to apply in the case of every poll consequent on a parish 
 
 (1) Sect. 3(6). (4) Sect. 31 (1). 
 
 (2) Secc. 20 (5), and see sect. 30. (5) lb. 
 
 (3) Sects. 23 (5), 24 (4). (6) lb.
 
 IV.] Parish Meetings a?id Elections. 207 
 
 meeting as if it were a poll for the election of parish councillors, 56 & 57 Vict. 
 
 the provisions of the section, so far at all events as they relate c - 73. s - 4 8 » "• 
 
 to a poll, will apply in the case of any election or appointment 
 
 by a parish meeting if a poll is held. For example it will 
 
 apply to the election of a chairman of a parish meeting under 
 
 sect. 19 (1) and to the election of overseers where they are 
 
 elected by the parish meeting under sect. 19 (5). How far 
 
 the portions of the Municipal Corporations Act, 1882/ referred 
 
 to in sub-sect. (3) and the Municipal Elections (Corrupt and 
 
 Illegal Practices) Act, 1884, 2 will apply in the case of a poll 
 
 consequent on a parish meeting, other than a poll for the 
 
 election of parish councillors, is not clear. 
 
 The enactments referred to in sub-sect. (3) will be found in 
 the Appendix. A short sketch of their provisions may, how- 
 ever, not be out of place at this point. 
 
 The Ballot Act, 187 2, 3 is mainly concerned, as its name 
 implies, with the manner in which a poll at an election by 
 ballot is to be conducted. Sect. 2 of the Act provides in 
 outline for the manner in which a ballot paper is to be marked ; 
 lays down the requisites for the validity of a vote given by 
 ballot ; and provides in outline for the manner in which, after 
 the poll is closed, the ballot papers are to be dealt with and 
 counted, and for the manner in which the result of the poll is 
 to be declared. The remainder of the Act, so far as it applies 
 to municipal elections, or to elections under the present Act, 
 contains provisions which are practically merely auxiliary to 
 those contained in the second section. Thus, in the body of 
 the Act are contained various provisions intended as safeguards 
 against any possible fraud connected with the poll or any 
 possible infringement of the secrecy of the ballot, provisions as 
 to the powers and duties of the various officials employed in 
 taking the poll, &c. And in the schedules to the Act most 
 minute regulations are made as to the precise manner in which 
 votes are to be given, both in ordinary cases and in cases 
 where, owing to physical or other causes, a voter is unable to 
 vote in the ordinary manner, and in which after the conclusion 
 of the poll the ballot papers are to be counted and otherwise 
 dealt with. 
 
 Sect. 74 of the Municipal Corporations Act, 1882, 4 relates 
 to fraudulent dealings with nomination papers, and sect. 75 of 
 that Act, 5 imposes penalties for defaults upon the part of 
 persons whose duty it is to prepare registers of electors and to 
 conduct elections. 
 
 Part IV. of the same Act, so far as it is unrepealed, relates 
 almost exclusively to the manner in which an election may be 
 called in question by an election petition. 
 
 (1) 45 & 46 Vict. c. 50, ss. 74, (4) 45 & 46 Vict. c. 50, s. 74. 
 75, and Part IV. (5) lb. s. 75. 
 
 (2) 47 & 48 Vict. c. 70. (6) lb. Part IV. 
 
 (3) 35 & 36 Vict. c. 33.
 
 208 2/ie Local Government Act, 1894. [Part 
 
 56 & 57 Vict. The Municipal Elections (Corrupt and Illegal Practices 
 c 73- s - 48) "• Act, 1884), x besides making further provisions as to election 
 petitions, contains most elaborate and stringent provisions 
 intended to guard against corruption at elections. 
 
 The Act in the first place imposes penalties for acts of 
 corruption in the ordinary sense of the term, such as bribery or 
 intimidation. Secondly it forbids various practices in con- 
 nection with elections, which though not in themselves 
 necessarily other than innocent, afford a convenient cloak for 
 corruption : — for example, the payment of electors other than 
 regular advertising agents for the exhibition of election 
 placards. 
 
 Careful study of the Act is imperative upon any person who 
 proposes to take active steps in promoting his own or any 
 other person's candidature at any election to which the Act 
 applies ; and an attempt to enumerate in shortened language 
 the various practices it forbids, would probably be merely 
 misleading. A few observations on the consequences of 
 offences against its provisions may, however, be made. Offences 
 against the Act in the first place subject the guilty person to 
 penalties ranging from fine to a long term of imprisonment, 
 and also to loss of capacity for holding public office or voting 
 at elections. Secondly a vote tainted by such an offence will, 
 if the election is petitioned against, be struck off as void. 
 Thirdly where the offence has been committed by a person for 
 whose acts a candidate at the election, upon the peculiar 
 principles of election law, 2 is responsible, the candidate, if the 
 election is petitioned against, will in most cases forfeit his seat 
 if he was successful, and will also in some cases become 
 subject to certain incapacities to hold office. Lastly, if offences 
 of the kind have been very prevalent in connection with an 
 election, the election may be set aside, though the responsi- 
 bility is not brought home to the candidate, and though it is 
 not shown with certainty that the result, of the election was 
 affected by tainted votes. 
 
 Hours of poll. — By sect. 31 (1) the Elections (Hours of 
 Poll) Act, 1885, 3 which requires the poll to be open from 
 8 a.m. to 8 p.m., is to apply to elections under the present 
 Act of members of a metropolitan vestry or of the local board 
 of Woolwich, and to elections of auditors for parishes in 
 London. 
 
 Expenses of elections, acceptance of office, ore. — The portions of 
 the Municipal Corporations Act, 1882, 4 referred to in sub- 
 sect. (4), as well as those referred to in sub-sect. (3), will be 
 found in the Appendix. 
 
 Resignation of guardians. — Under the Poor Law Amendment 
 
 (1) 47 cSt 48 Vict. c. 70. " c 50). 
 
 (2) See the note in the Appendix (3) 4S Vict. c. 10. 
 
 to sect. 100 of the Municipal Cor- (4) 45 & 46 Vict. c. 50. 
 
 porations Act, 1882 (45 & 46 Vict.
 
 IV.] Parish Meetings and Elect ions. 209 
 
 Act, 1842, l the Local Government Board " may accept the 5 6 & 57 Vict. 
 resignation of any person elected as a guardian tendered for c - "3> s - 48, »■ 
 any cause" which they " may deem reasonable." 
 
 Expenses of elections of guardians. — The incidence of these 
 expenses is at present determined by orders of the Local 
 Government Board or their predecessors. 2 
 
 Sect. 49. — Where a parish meeting is required or Provision as 
 authorised in pursuance of this Act to be held for a ward J^JKt for 
 or other part of a parish, then — part f° 
 
 (a.) the persons entitled to attend and vote at the parish. 
 meeting, or at any poll consequent thereon, 
 shall be the parochial electors registered in 
 respect of qualifications in that ward or part ; 
 and 
 (b.) the provisions of this Act with respect to parish 
 meetings for the whole of a parish, including 
 the provisions with respect to the convening of 
 a parish meeting by parochial electors, shall 
 apply as if the ward or part were the whole 
 parish. 
 
 Note. Parish meeting for part of parish.—. -With regard to 
 parish meetings for a parish ward or other part of a parish, see 
 sects. 7 (4), 18, 37, 53, 56. 
 
 Sect. 50. — If, in the case of a rural parish or of any Supple- 
 urban parish in respect to which the power of appointing mental 
 overseers has been transferred under this Act, notice in ^overseers, 
 the prescribed form of the appointment of overseers is not 
 received by the guardians of the poor law union com- 
 prising the parish within three weeks after the fifteenth 
 day of April, or after the occurrence of a vacancy in the 
 office of overseer, as the case may be, the guardians shall 
 make the appointment or fill the vacancy, and any over- 
 seer appointed by the guardians shall supersede any 
 overseer previously appointed whose appointment has not 
 been notified. Any such notice shall be admissible as 
 evidence that the appointment has been duly made. 
 
 Note. Appointme7it of overseers. — With regard to the 
 appointment of overseers, see sect. 5, and the note to that 
 section. 
 
 (1) 5 & 6 Vict. c. 57, s. 11. election of Guardians, dated 14th 
 
 (2) See the General Order of the February, 1877, Arts. 32-35. 
 Local Government Board as to the
 
 56 & 57 Vict. 
 c. 73, s. si. 
 
 The Local Government Act, 1894. [Part 
 
 Parish and District Councils. 
 
 Public Sect. 51. — A public notice given by a parish council for 
 
 notices. the purposes of this Act, or otherwise for the execution of 
 
 their duties, and a public notice of a parish meeting, shall 
 bo given in the manner required lor giving notice of 
 vestry meetings, and by posting the notice in some con- 
 spicuous place or places within the parish, and in such 
 other manner (if any) as appears to the council or to 
 the persons convening the meeting desirable for giving 
 publicity to the notice. 
 
 Note. Publication of notices. — The Vestries Act, 18 18/ 
 required notice of a vestry meeting to be given " by the 
 publication of such notice in the parish church or chapel on 
 some Sunday during or immediately after divine service, and by 
 affixing the same, 'fairly written or printed, on the principal door 
 of such church or chapel." Publication of the notice in church, 
 was, however, abolished by the Parish Notices Act, 1837, 2 
 sect. 2 of which 3 enacts that " all proclamations or notices, which 
 under or by virtue of any law or statute, or by custom or 
 otherwise, have been heretofore made or given in churches or 
 chapels during or after divine service, shall be reduced into 
 writing, and copies thereof either in writing or in print, or 
 partly in writing and partly in print, shall, previously lo the 
 commencement of divine service on the several days on which 
 such proclamations or notices have heretofore been made or 
 given in the church or chapel of any parish or place, or at the 
 door of any church or chapel, be affixed on or near to the 
 doors of all the churches and chapels within such parish or 
 place ; and such notices when so affixed shall be in lieu of and 
 as a substitution for the several proclamations and notices so 
 heretofore given as aforesaid, and shall be good, valid, and 
 effectual to all intents and purposes whatsoever." 
 
 The notice must be published on or near the principal or 
 usual door of every church or chapel of the established church 
 within the parish in which divine service is performed ; but it 
 need not be affixed at all the doors of each church or chapel, 
 nor at the doors of a church in which divine service has ceased 
 to be performed, nor at doors of buildings other than churches 
 or chapels, although divine service, according to the rites of 
 the established church, be performed there ; nor need it be 
 published at dissenting places of worship. 4 
 
 It is sufficient if the notice be affixed at the door of a church 
 
 (1) 59 Geo. III. c. 69, s. 1, re- (2) 7 Will. IV. and 1 Vict. c. 45. 
 
 pealed by sect. 89, post, so far as it (3) lb. s. 2. 
 
 relates to parish meetings and parish (4) Reg. v. Whipp (1843), 3 G. & D. 
 
 councils under this Act. 372; 12 L. J. M. C. 64 ; 7 Jur.
 
 IV.] Parish and District Councils. 211 
 
 before the usual afternoon service though after the usual 56 & 57 Vict, 
 morning service. 1 c- ?3> s - 5 ! > "• 
 
 Where an ecclesiastical parish contains more than one poor 
 law parish the notice need only be published at the doors of 
 churches and chapels within the poor law parish to which it 
 relates. '- 
 
 Sect. 52. — (1.) Any power which may be exercised Supple- 
 and any consent which may be given by the owners and mental , 
 ratepayers of a parish or by the majority of them under JJJJJJfJ "f 
 any of the Acts relating to the relief of the poor or under p 0wers# 
 the School Sites Acts or the Literary and Scientific 
 Institutions Act, 1854, so far as respects the dealing with 17 & 18 Vict, 
 parish property or the spending of money or raising of a c - ll ~- 
 rate may, in the case of a rural parish, be exercised or 
 given by the parish meeting of the parish. 
 
 (2.) In a rural parish the power of making an applica- 
 tion or passing a resolution given by section twelve of the 
 Elementary Education Act, 1870, and by section forty-one 33 & 34 Vict. 
 of the Elementary Education Act, 1876, to the electing g 9 7 |" 40Vict 
 body mentioned in the former section shall be transferred c ^ 
 to the parish meeting of the parish, and shall in cases 
 under the latter section be exercisable by the like 
 majority of the parish meeting, and, if a poll is taken, of 
 the parochial electors, as is required by that section in 
 the case of the said electing body, and rule two of the 
 Second Part of the Second Schedule to the former Act 
 with respect to the passing of such resolutions shall not 
 apply. 
 
 (3.) The consent of justices shall not be required for 
 the sale of land belonging to a parish which has been 
 used for materials for the repair of highways or for the 
 purchase of land with the proceeds of any such sale. 
 
 (4.) Where the legal estate in any property is vested 
 in the churchwardens and overseers of any parish by 
 virtue of the Poor Belief Act, 1819, nothing in the 
 Charitable Trusts Acts, 1853 to 1891, shall be deemed to 59 Geo. III. 
 require the consent of such churchwardens and overseers c - 12 - 
 in their capacity as a corporation under that Act, or of 
 the parish council as their successors, to a vesting order 
 under those Acts dealing with the said legal estate. 
 Provided that nothing in this section shall affect any 
 
 194; Ormerodv. Chadwick (1847), 7 W. R. 422. 
 
 16 M. & W. 367 ; 2 New Sess. Cas. (2) Reg. v. Marriott (1840), 12 
 
 697 ; 16 L. J. M. C. 143. A. & E. 779 ; S. C. nom. Reg. v. 
 
 (1) Btirnley v. Met/iley {overseers) Worcestershire (justices), 4 P. & D. 
 
 (1859), 1 E. & E. 789; 28 L. J. 440. 
 M. C. 152; 5 Jur. (N.s.) 914; 
 
 p 2
 
 212 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, rights, powers, or duties of the churchwardens and over- 
 c 73. s - 5 2 - seers or the parish council, in cases where they have 
 active powers of management. 
 
 (5.) All enactments in any Act, whether general or 
 local and personal, relating to any powers, duties, or 
 liabilities transferred by this Act to a parish council or 
 parish meeting from justices or the vestry or overseers or 
 churchwardens and overseers shall, subject to the pro- 
 visions of this Act and so far as circumstances admit, be 
 construed as if any reference therein to justices or to the 
 vestry, or to the overseers, or to the churchwardens and 
 overseers, referred to the parish council or parish meeting 
 as the case requires, and the said enactments shall be 
 construed with such modifications as may be necessary 
 for carrying this Act into effect. 
 
 Note. Powers of owners and ratepayers under Acts relating 
 to the relief of the poor. — The powers of owners and rate- 
 payers under these Acts in relation to dealings with parish 
 property have been referred to in the note to sect. 6, ante, 
 pp. 57-60. 
 
 With regard to other powers of owners and ratepayers under 
 these Acts, reference may be made to the enactments cited 
 below. 1 
 
 School Sites Acts. — Under these Acts parish property to a 
 limited extent may, with the consent of the owners and rate- 
 payers, the guardians, and the Local Government Board, be 
 granted or sold as the site for a school for poor persons, and 
 for certain other purposes connected with education. 2 The 
 powers of the guardians under these Acts, at all events as 
 regards the conveyance of parish property by way of gift, 
 appear not to be affected by the present Act. By the Elemen- 
 tary Education Act, 1870, 3 it may be mentioned, the operation 
 of the Acts is extended so as to enable conveyances to be made 
 under them of land required for the purposes of a school board, 
 or of the managers of any public elementary school. 
 
 Literary and Scientific Institutions Act, 1854. — Under this 
 Act 4 parish property may, to a limited extent, with the consent 
 of the owners and ratepayers, the guardians and the Local 
 Government Board, be granted as sites for literary, scientific 
 and artistic institutions to which that Act applies. It would 
 seem that the powers of the guardians under the Act, at all 
 
 (1) Poor Law Amendment Act, (2) School Sites Act, 1841 (4 & 5 
 
 1834 (4 & 5 Will. IV. c. 76), ss. 23, Vict. c. 38), s. 6 ; and see School 
 
 36, 62; Poor Law Amendment Sites Act, 1849 (12 & 13 Vict. c. 49), 
 
 Act, 1844 (7 & 8 Vict. c. 101), ss. 29, s. 3; School Sites Act, 1851 (14 & 
 
 30; Poor Law Amendment Act, 15 Vict. c. 24). 
 
 1849 (12 & 13 Vict. c. 103), ss. 18, (3) 33 & 34 Vict. c. 75, ss. 20, 21, 
 20 ; Poor Law Amendment Act, (4) 17 & 18 Vict. c. 112. 
 
 1850 (13 & 14 Vict. c. 101), s. 4.
 
 IV.] Parish and District Councils. 213 
 
 events as regards the conveyance of property by way of gift, 56 & 57 Vict. 
 are unaffected by the present Act. c - 73- • 5 2 » "• 
 
 Formation and dissolution of school board. — Sect. 12 of the 
 Elementary Education Act, 1870, 1 enables an application for 
 the establishment of a school board in any school district to be 
 made to the Education Department by the persons who, if 
 there were a school board for the district, would elect such 
 school board ; and provides that upon such an application the 
 Education Department may cause a school board to be formed 
 for the district without such previous notices and inquiry as 
 are required in ordinary cases. 
 
 Sect. 41 of the Elementary Education Act, 1876, 2 enables 
 the like persons, by a majority of not less than two-thirds of 
 those voting on the question, to apply in certain cases to 
 the Education Department for the dissolution of a school 
 board. 
 
 In general a rural parish is a school district under the 
 Elementary Education Acts ; but there are cases where a rural 
 parish is not a separate school district. 
 
 Sale of lands used for materials for the repair of highways. — 
 Under sect. 48 of the Highway Act, 1835, 3 as amended by an 
 Act of 1 845/ the highway surveyor of any highway parish is 
 required, with the consent of the vestry and of the justices, 
 to sell any lands belonging to the parish, or to the surveyor, 
 which have been lawfully used for the purpose of obtaining 
 materials for the repair of the highways and in which the 
 materials have become exhausted, to some person whose lands 
 adjoin thereto, or, if he refuse to purchase, to any other person, 
 and with the money arising therefrom, with the like consent, 
 to purchase other lands in lieu thereof. 
 
 Under sect. 25 of the present Act the powers of the surveyor 
 and of the vestry under these enactments are transferred to the 
 rural district council. But if the operation of that section be 
 postponed, the functions of the vestry will in some cases vest 
 in the interim in the parish council or the parish meeting 
 under sect. 6 (1, a) or sect. 19 (4), as the case may be. 5 
 
 It will be observed that the necessity of the consent of the 
 justices under the enactments in question appears, by sub- 
 sect. (3) of the present section, to be abolished as from the 
 passing of the present Act. The words in sect. 48 of the 
 Highway Act, 1835, however, referring to such consent are 
 repealed by sect. 89, post, as from the appointed day only. 
 
 The Exhausted Parish Lands Act, 187 6, 6 under which lands 
 allotted partly for materials for the repair of highways and 
 partly for other purposes may be sold when exhausted, is 
 referred to in the note to sect. 6, ante, pp. 59, 60. 
 
 (1) 33 & 34 Vict. c. 75, s. 12. (5) See the note to sect. 13, ante, 
 
 (2) 39 & 40 Vict. c. 79, s. 41. pp. n6, 117. 
 
 (3) 5 & 6 Will. IV. c. 50, s. 4S. (6) 39 & 40 Vict. c. 62. 
 
 (4) 8 & 9 Vict. c. 71.
 
 2i4 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. Vesting orders under the Charitable Trusts Acts. — As has 
 <-•• 72, s - 5 2 > n - been seen in the note to sect 14, ante, pp. 131, 132, 133 
 provisions are contained in the Charitable Trusts Acts enabling 
 an order to be made by a Court of competent jurisdiction or 
 by the Charity Commissioners vesting the legal interest in 
 charity lands in the official trustee of charity lands. By sect. 48 
 of the Charitable Trusts Act, 1853, l however, no such order 
 can be made as regards lands vested in a corporation without 
 the consent of the corporation ; and it is to this provision that 
 sub-sect. (4) of the present section has reference. 
 
 Supplemen- Sect. 53. — (1.) Where on the appointed day any of 
 tal provisions t be adoptive Acts is in force in a part only of a rural 
 ti e°Acts P ~ P ai 'i sn > tne existing authority under the Act, or the 
 parish meeting for that part, may transfer the powers, 
 duties, and liabilities of the authority to the parish 
 council, subject to any conditions with respect to the 
 execution thereof by means of a committee as to the 
 authority or parish meeting may seem fit, and any such 
 conditions may be altered by any such parish meeting. 
 
 (2.) If the area on the appointed day under any 
 authority under any of the adoptive Acts will not after 
 that day be comprised within one rural parish, the 
 powers and duties of the authority shall be transferred to 
 the parish councils of the rural parishes wholly or partly 
 comprised in that area, or, if the area is partly comprised 
 in an urban district, to those parish councils and the 
 district council of the urban district, and shall, until 
 other provision is made in pursuance of this Act, be 
 exercised by a joint committee appointed by those 
 councils. Where any such rural parish has not a parish 
 council the parish meeting shall, for the purposes of this 
 provision, be substituted for the parish council. 
 
 (3.) The property, debts, and liabilities of any authority 
 under any of the adoptive Acts whose powers are 
 transferred in pursuance of this Act shall continue to be 
 the property, debts, and liabilities of the area of that 
 authority, and the proceeds of the property shall be 
 credited", and the debts and liabilities and the expenses 
 incurred in respect of the said powers, duties, and 
 liabilities, shall be charged to the account of the rates or 
 contributions levied in that area, and where that area is 
 situate in more than one parish the sums credited to and 
 paid by each parish shall be apportioned in such manner 
 as to give effect to this enactment. 
 
 (4.) The county council on the application of a parish 
 
 (1) 16 & 17 Vict. c. 137, s. 48.
 
 IV.] Parish and District Councils. 215 
 
 council may, by order, alter the boundaries of any such S f > & 57 Vict. 
 area if they consider that the alteration can properly be c- 73 ' s- 53- 
 made without any undue alteration of the incidence of 
 liability to rates and contributions or of the right to 
 property belonging to the area, regard being had to any 
 corresponding advantage to persons subject to the 
 liability or entitled to the right. 
 
 Note. Adoptive Acts. — With regard to these Acts, see sect. 7, 
 and the note to that section. 
 
 Joint Committee. — -With regard to the appointment of a joint 
 committee under the present section, see sect. 57, and the note 
 to that section. 
 
 Sect. 54. — (1.) Where a new borough is created, or Effect ou 
 any other new urban district is constituted, or the area of P arisn 
 an urban district is extended, then — ■ constitution 
 
 (a) as respects any rural parish or part of a rural parish f urban 
 which Avill be comprised in the borough or urban district. 
 district, provision shall be made, either by the 
 constitution of a new parish, or by the annexation 
 of the parish or parts thereof to another parish 
 or parishes, or otherwise, for the appointment 
 of overseers and for placing the parish or part 
 in the same position as other parishes in the 
 borough or district, and 
 (6) as respects any parish or part which remains rural, 
 provision shall be made for the constitution of 
 a new parish council for the same, or for the 
 annexation of the parish or part to some other 
 parish or parishes, or otherwise for the govern- 
 ment of the parish or part, and 
 (c) provision shall also where necessary be made for 
 the adjustment of any property, debts, and 
 liabilities affected by the said creation, con- 
 stitution, or extension. 
 (2.) The provision aforesaid shall be made — 
 (a.) Where a new borough is created, by a scheme 
 under section two hundred and thirteen of the 
 Municipal Corporations Act, 1882 ; 45 & 46 Vict, 
 
 (b.) Where any other new urban district is constituted, c - 50 - 
 by an order of the county council under section 
 fifty-seven of the Local Government Act, 1888 ; 51 & 52 Vict. 
 (c.) Wliere the area of an urban district is extended, °. 41. 
 by an order of the Local Government Board 
 under section fifty-four, or of the county council 
 under section fifty-seven, as the case may be, of 
 the Local Government Act, 1888.
 
 2l6 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 50 & 57 Vict. (3.) Where the area of an urban district is diminished 
 c 73> s. 54* this section shall apply with the necessary modifications. 
 
 Note. New boroughs and urban districts, &°c. — With regard 
 to the formation of new boroughs and other urban districts, and 
 the alteration of the boundaries of such areas, see the note to 
 sect. s6,lante, p. 185. The sections of the Local Government 
 Act, 1888, 1 referred to in the present section will be found in 
 the Appendix. 
 
 Power to 
 change name 
 of district 
 or parish. . 
 
 Committees 
 of parish 
 ur district 
 councils. 
 
 Sect 55. — (1.) Where a parish is divided or united or 
 grouped with another parish by an order in pursuance of 
 this Act, each new parish or group so formed shall bear 
 such name as the order directs. 
 
 (2.) Where a parish is divided by this Act, each 
 parish so formed shall bear such name as the county 
 council direct. 
 
 (3.) Any district council may, with the sanction of the 
 county council, change their name and the name of their 
 district. 
 
 (4.) Every change of name made in pursuance of this 
 section shall be published in such manner as the- 
 authority authorising the change may direct, and shall 
 be notified to the Local Government Board. 
 
 (5.) Any such change of name shall not affect any 
 rights or obligations of any parish, district, council, 
 authority, or person, or render defective any legal pro- 
 ceedings, and any legal proceedings may be continued 
 or commenced as if there were no change of name. 
 
 Sect. 56. — (1.) A parish or district council may appoint 
 committees, consisting either wholly or partly of members 
 of the council, for the exercise of any powers which, in 
 the opinion of the council, can be properly exercised by 
 committees, but a committee shall not hold office beyond 
 the next annual meeting of the council, and the acts of 
 every such committee shall be submitted to the council 
 for their approval. 
 
 Provided that where a committee is appointed by any 
 district council for any of the purposes of the Public 
 Health Acts or Highway Acts, the council may authorise 
 the committee to institute any proceeding or do any act 
 which the council might have instituted or done for that 
 purpose other than the raising of any loan or the making: 
 of any rate or contract. 
 
 (2.) Where a parish council have any powers and 
 duties which are to be exercised in a part only of the 
 
 (1) 51&52 Vict. c. 41, ss. 54,57.
 
 IV.] Parish and District Councils. 217 
 
 parish, or in relation to a recreation ground, building, or 56 & 57 Vict. 
 property held for the benefit of a part of a parish, and c ' 73 ' s ' 5 ' 
 the part has a defined boundary, the parish council shall, 
 if required by a parish meeting held for that part, 
 appoint annually to exercise such powers and duties a 
 committee consisting partly of members of the council 
 and partly of other persons representing the said part of 
 the parish. 
 
 (3.) With respect to committees of parish and district 
 councils the provisions in the First Schedule to this Act 
 shall have effect. 
 
 (4.) This section shall not apply to the council of a 
 borough. 
 
 Note. Committees. — Where a board constituted under Act 
 of Parliament delegated certain of their powers to a committee, 
 as they were authorised by the Act to do, it was held that the 
 powers so conferred upon the committee must be exercised by 
 them acting in concert ; and that it was not competent to the 
 committee to apportion amongst themselves the powers dele- 
 gated to them. 1 
 
 It seems that the delegation of powers by an authority to a 
 committee is not, in the absence of special provisions, equiva- 
 lent to a resignation by the authority of the powers in question ; 
 but that the delegated powers may be resumed by the authority 
 at any time. 2 
 
 Rights of part of parish. — Sect. 37 enables a county council 
 to make an order rendering the consent of a parish meeting for 
 part of a parish with a defined boundary necessary for any act or 
 class of acts of the parish council affecting the property or 
 rights of the part of the parish. As to the meaning of a 
 " defined boundary," see the note to that section. The opera- 
 tion of sub-sect. (2) of the present section is extended by 
 sect. 57 (5). 
 
 Sect. 57. — (1.) A parish or district council may concur J( j mt com * 
 with any other parish or district council or councils in mittccs - 
 appointing out of their respective bodies a joint com- 
 mittee for any purpose in respect of which they are 
 jointly interested, and in conferring, with or without 
 conditions or restrictions, on any such committee any 
 powers which the appointing council might exercise if 
 the purpose related exclusively to their own parish or 
 district. 
 . (2.) Provided that a council shall not delegate to any 
 
 (1) Cooky. ff77tt/(i877),2CP.D. (2) Hutk v. Clarke (1890), 25 
 
 255 ; 46 L. J. C. P. 554 ; 36 L. T. Q. B. D. 391 ; 59 L. J. M. C. 120 ; 
 893 ; 25 W. R. 593- 6 3 L- T. 34§ ; 38 W. R. 655.
 
 2l8 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, such committee any power to borrow money or make any 
 c 73, s. 57- rate. 
 
 (3.) A joint committee appointed under this section 
 shall not hold office beyond the expiration of fourteen 
 days after the next annual meeting of any of the councils 
 who appointed it. 
 
 (4.) The costs of a joint committee under this section 
 shall be defrayed by the councils by whom it is appointed 
 in such proportions as they may agree upon, or as may be 
 determined in case of difference by the county council. 
 
 (5.) Where a parish council can under this Act be 
 required to appoint a committee consisting partly of 
 members of the council and partly of other persons, that 
 requirement may also be made in the case of a joint 
 committee, and shall be duly complied with by the parish 
 councils concerned at the time of the appointment of such 
 committee. 
 
 Note. Joint committees. — As to the delegation of powers by 
 a local authority to a committee, see the note to sect. 56. As 
 to cases in which a parish council may be required to appoint 
 a committee consisting partly of members of the council and 
 partly of other persons, see sub-sect. (2) of that section. 
 
 Audit of 
 accounts of 
 district and 
 parish 
 
 councils and 
 inspection. 
 
 Sect. 58. — (1.) The accounts of the receipts and pay- 
 ments of parish and district councils, and of parish 
 meetings for parishes not having parish councils, and 
 their committees and officers, shall be made up yearly to 
 the thirty-first day of March, or in the case of accounts 
 which are required to be audited half-yearly, then half- 
 yearly to the thirtieth day of September and the thirty- 
 first clay of March in each year, and in such form as the 
 Local Government Board prescribe. 
 
 (2.) The said accounts shall, except in the case of 
 accounts audited by the auditors of a borough, (but 
 inclusive of the accounts of a joint committee appointed 
 by a borough council with another council not being a 
 borough council,) be audited by a district auditor, and 
 the enactments relating to audit by district auditors of 
 accounts of urban sanitary authorities and their officers, 
 and to all matters incidental thereto and consequential 
 thereon, shall apply accordingly, except that in the case 
 of the accounts of rural district councils, their committees 
 and officers, the audit shall be half-yearly instead of 
 yearly. 
 
 (3.) The Local Government Board may, with respect 
 to any audit to which this section applies, make rules
 
 IV.] Parish and District Councils. 219 
 
 modifying the enactments as to publication of notice of 56 & 57 Vict. 
 the audit and of the abstract of accounts and the report of c - 73 ' s - 58> 
 the auditor. 
 
 (4.) Every parochial elector of a rural parish may, at 
 all reasonable times, without payment, inspect and take 
 copies of and extracts from all books, accounts, and 
 documents belonging to or under the control of the 
 parish council of the parish or parish meeting. 
 
 (5.) Every parochial elector of a parish in a rural 
 district may, at all reasonable times, without payment, 
 inspect and take copies of and extracts from all books, 
 accounts, and documents belonging to or under the 
 control of the district council of the district. 
 
 Note. — Audit of Accounts. — The principal enactments relat- 
 ing to the audit of the accounts of an urban sanitary authority 
 are contained in the Public Health Act, 1875, 1 and are as 
 follows : — ■ 
 
 Sect. 247. " Where an urban authority are not the council 
 of a borough the following regulations with respect to audit 
 shall be observed ; (namely,) 
 
 "(1.) The accounts of the receipts and expenditure under 
 this Act of such authority shall be audited and 
 examined once in every year, as soon as can be after 
 the twenty-fifth day of March, by the auditor of 
 accounts relating to the relief of the poor. . . . 
 ***** 
 
 ''(3.) Before each audit such authority shall, after receiving 
 from the auditor the requisite appointment, give at 
 least fourteen days' notice of the time and place at 
 which the same will be made, and of the deposit of 
 accounts required by this section, by advertisement 
 in some one or more of the local newspapers circu- 
 lated in the district ; and the production of the 
 newspaper containing such notice shall be deemed 
 to be sufficient proof of such notice on any pro- 
 ceeding whatsoever : 
 
 "(4.) A copy of the accounts duly made up and balanced, 
 together with all rate books account books deeds 
 contracts accounts vouchers and receipts mentioned 
 or referred to in such accounts, shall be deposited in 
 the office of such authority, and be open, during 
 office hours thereat, to the inspection of all persons 
 interested for seven clear days before the audit, and 
 all such persons shall be at liberty to take copies of 
 or extracts from the same, without fee or reward ; 
 and any officer of such authority duly appointed in 
 that behalf neglecting to make up such accounts and 
 books, or altering such accounts and books, or 
 (1) 38 & 39 Vict. c. 55, ss. 247, 250.
 
 220 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. allowing them to be altered when so made up, or 
 
 c. 73, s. 58, n. refusing to allow inspection thereof, shall be liable to 
 
 a penalty not exceeding five pounds : 
 
 "(5.) For the purpose of any audit under this Act, every 
 auditor may, by summons in writing, require the 
 production before him of all books deeds contracts 
 accounts vouchers receipts and other documents 
 and papers which he may deem necessary, and may 
 require any person holding or accountable for any 
 such books deeds contracts accounts vouchers 
 receipts documents or papers to appear before him 
 at any such audit or any adjournment thereof, and to 
 make and sign a declaration as to the correctness of 
 the same ; and if any such person neglects or refuses 
 so to do, or to produce any such books deeds 
 contracts accounts vouchers receipts documents or 
 papers, or to make or sign such declaration, he shall 
 incur for every neglect or refusal a penalty not 
 exceeding forty shillings; and if he falsely or 
 corruptly makes or signs any such declaration, 
 knowing the same to be untrue in any material 
 particular, he shall be liable to the penalties inflicted 
 on persons guilty of wilful and corrupt perjury : 
 
 "(6.) Any ratepayer or owner of property in the district 
 may be present at the audit, and may make any 
 objection to such accounts before the auditor ; and 
 such ratepayers and owners shall have the same right 
 of appeal against allowances by an auditor as they 
 have by law against disallowances : 
 '('/.) Any auditor acting in pursuance of this section shall 
 disallow every item of account contrary to law, and 
 surcharge the same on the person making or 
 authorising the making of the illegal payment, and 
 shall charge against any person accounting the 
 amount of any deficiency or loss incurred by the 
 negligence or misconduct of that person, or of any 
 sum which ought to have been but is not brought 
 into account by that person, and shall in every such 
 case certify the amount due from such person, and 
 on application by any party aggrieved shall state in 
 writing the reasons for his decision in respect of such 
 disallowance or surcharge, and also of any allowance 
 which he may have made : 
 
 "(8.) Any person aggrieved by disallowance made may 
 apply to the Court of Queen's Bench for a writ of 
 certiorari to remove the disallowance into the said 
 Court, in the same manner and subject to the same 
 conditions as are provided in the case of disallowances 
 by auditors under the laws for the time being in 
 force with regard to the relief of the poor; and the 
 said Court shall have the same powers with respect to
 
 IV.] Parish and District Councils. 221 
 
 allowances disallowances and surcharges under this 56 & 57 Vicl - 
 Act as it has with respect to disallowances or allow- c - 73> s - 5 8 > - "- 
 ances by the said auditors ; or in lieu of such applica- 
 tion any person so aggrieved may appeal to the Local 
 Government Board, which Board shall have the same 
 powers in the case of the appeal as it possesses in the 
 case of appeals against allowances disallowances and 
 surcharges by the said poor law auditors : 
 "(9.) Every sum certified to be due from any person by an 
 auditor under this Act shall be paid by such person 
 to the treasurer of such authority within fourteen 
 days after the same has been so certified, unless there 
 is an appeal against the decision ; and if such sum is 
 not so paid, and there is no such appeal, the auditor 
 shall recover the same from the person against whom 
 the same has been certified to be due by the like 
 process and with the like powers as in the case of 
 sums certified on the audit of the poor rate accounts, 
 and shall be paid by such authority all such costs 
 and expenses, including a reasonable compensation 
 for loss of time incurred by him in such proceedings, 
 as are not recovered by him from such person : 
 "(10.) Within fourteen days after the completion of the 
 audit, the auditor shall report on the accounts 
 audited and examined, and shall deliver such report 
 to the clerk of such authority, who shall cause the 
 same to be deposited in their office, and shall publish 
 aii abstract of such accounts in some one or more of 
 the local newspapers circulated in the district. 
 " Where the provisions as to audit of any local Act constitut- 
 ing a board of improvement commissioners are repugnant to or 
 inconsistent with those of this Act, the audit of the accounts of 
 such improvement commissioners shall be conducted in all 
 respects in accordance with the provisions of this Act." 
 
 Sect. 250. " The accounts under this Act of officers or 
 assistants of any local authority who are required to receive 
 moneys or goods on behalf of such authority shall be audited 
 by the auditors or auditor of the accounts of such authority, 
 with the same powers incidents and consequences as in the 
 case of such last-mentioned accounts." 
 
 The omitted portions of sect. 247 prescribed the auditor by 
 whom the accounts were to be audited, and provided for his 
 remuneration. They were repealed by the District Auditors' 
 Act, 187 9, x by which these matters are now regulated. 
 
 That Act provides that the salaries or remuneration and 
 expenses of district auditors shall be paid out of moneys 
 provided by Parliament, and that for the purpose of con- 
 tributing to the amount required for the payment of such 
 salaries, remuneration, and expenses, there shall be charged on 
 
 (1) 42 Vict. c. 6.
 
 222 
 
 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, every local authority whose accounts are audited by a district 
 c. 73, s. 58, n. auditor a stamp duty according to a certain scale, and that 
 such duty shall be levied by a stamp on the certificate which 
 the auditor is required to give under sect. 3 of the Act. 1 
 The Act further provides for the appointment of district 
 auditors and their assistants by the Local Government Board, 
 enables that Board to assign the auditors their duties and the 
 districts for which they are to act, 2 and contains the following 
 provisions which it seems proper to quote at length : 3 — 
 
 Sect. 3. " Where the accounts of the receipts and expen- 
 diture of a local authority are audited by a district auditor, the 
 local authority shall prepare and submit to the district auditor 
 at every audit (other than an extraordinary audit held in 
 pursuance of sect. 6 of the Poor Law Amendment Act, 1866,) 
 a financial statement in duplicate in the prescribed form and 
 containing the prescribed particulars ; one of such duplicates 
 shall have the stamp charged under this Act affixed thereon, 
 and the auditor at the conclusion of the audit shall cancel that 
 stamp, and certify on each duplicate, in the prescribed form, 
 the amount in words at length of the expenditure so audited 
 and allowed, and further, that the regulations with respect to 
 such statement have been duly complied with, and that he has 
 ascertained by the audit the correctness of the statement. 
 
 " He shall forthwith send the duplicate so stamped and 
 certified by him to the Local Government Board ; and in such 
 case a return of the receipts or expenditure comprised in such 
 statement need not, unless the Local Government Board so 
 require, be sent to the Board in pursuance of the Local 
 Taxation Returns Acts, i860 and 1877." 
 
 Sect. 5. " Where any accounts of the receipts and expendi- 
 ture of a local authority are subject by law to be audited by a 
 district auditor, the Local Government Board may from time to 
 time by order make, and when made revoke and vary, such 
 regulations as seem to the Board necessary or proper respecting 
 the audit of such accounts, including the form of keeping the 
 accounts of the local authoritv and their officers, the day or 
 days to which the accounts are to be made up, the time within 
 which they are to be examined by the local authority, the mode 
 in which, if it is so prescribed, they are to be certified by the 
 local authority or any officer of that authority, the mode of 
 publishing the time and place of holding the audit, the persons 
 by whom such accounts are to be produced for audit, and the 
 mode of conducting the audit, and an order under this section 
 shall be deemed to be an order within the meaning of sect. 98 
 of the Poor Law Amendment Act, 1834." 
 
 Sect. 6. " The duties charged under this Act shall be 
 
 (1) 42 Vict. c. 6, s. 2. sects. 2 & 4, the effect of which has 
 
 (2) lb. s. 4, and see s. 9. been stated, and sects. 9-12, which 
 
 (3) The only portions of the Act repeal certain prior enactments and 
 not set out are sect. I, which merely contain temporary provisions, 
 contains the short title of the Act ;
 
 IV.] 
 
 Parish and District Councils. 
 
 223 
 
 deemed to be stamp duties under the management of the 5 6 & 57 Vict - 
 
 Commissioners of Inland Revenue, and all the Acts relating to c- 73 > s ' 5 8 > n - 
 
 stamp duties, particularly those relating to forgery, fraudulent 
 
 dies, and other offences in connection with stamp duties, shall 
 
 apply accordingly ; and such duties may, if the Commissioners 
 
 so direct, be denoted by adhesive stamps, to be cancelled by 
 
 the auditor as provided by this Act." 
 
 Sect. 7. " If a local authority fail to comply with the pro- 
 visions of this Act with respect to a financial statement, such 
 local authority, or if a clerk to the local authority is appointed, 
 that clerk, and if no clerk is appointed, but there is a treasurer 
 or other officer keeping the accounts which should be comprised 
 in such financial statement, that treasurer or other officer shall 
 be liable to a fine not exceeding twenty pounds for each 
 offence, to be recovered by action on behalf of Her Majesty in 
 the High Court of Justice." 
 Sect. 8. " In this Act,— 
 
 The expression ' local rate ' means the poor rate, the 
 general district rate, and every rate the proceeds of 
 which are applicable to public local purposes, and 
 which is leviable on the basis of a poundage assessment 
 of the value of property, and includes any sum which, 
 though obtained in the first instance by a precept, 
 certificate, or other instrument requiring payment from 
 some authority or officer, is or can be ultimately raised 
 out of a rate as before defined. 
 The expression 'local authority' means any person or 
 body of persons who receive and expend any local rate, 
 but does not include overseers of the poor. 
 The expression ' prescribed ' means prescribed from time 
 
 to time by the Local Government Board. 
 The expression ' treasury ' means the Commissioners of 
 Her Majesty's Treasury." 
 The scale of stamp duties payable under the Act is as 
 follows : 1 — 
 
 Where the total of the expenditure comprisec 
 
 
 The sum shall be 
 
 
 in the financial statement is 
 
 
 Under 20/ 
 
 
 
 5* 
 
 20/. 
 
 and under 50/. 
 
 
 
 I Of. 
 
 50/. 
 
 ,, 100/. . 
 
 
 . 
 
 1/. 
 
 100/. 
 
 500/. . 
 
 
 
 2/. 
 
 500/. 
 
 ,, 1,000/. 
 
 
 
 3/. ' 
 
 1 ,000/. 
 
 ,, 2,500/. ' . 
 
 
 
 4/. 
 
 2,500/. 
 
 ,, 5,000/. 
 
 
 
 5/- 
 
 5,000/. 
 
 ,, 10,000/. 
 
 
 
 10/. 
 
 10,000/. 
 
 ,, 20,000/. 
 
 
 
 IS* 
 
 20 , 000/. 
 
 ,, 50,000/. 
 
 
 
 20/. 
 
 50,000/. 
 
 ,, 100,000/. 
 
 
 
 30/. 
 
 100,000/. 
 
 and upwards 
 
 
 
 50/. 
 
 (1) 42 Vict. c. 6, 1st Schedule.
 
 224 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. For the purpose of this scale the expenditure comprised in 
 
 c 73. s - 5 8 > "• the financial statement is to be exclusive of any sum paid to 
 
 another local authority in pursuance of a precept. 1 
 
 Removal of auditor s allowance or disallowance by certiorari. — • 
 The provisions of the Acts relating to the relief of the poor 
 with regard to the removal of an auditor's allowance or dis- 
 allowance by certiorari are as follows : — 
 
 The Poor Law Amendment Act, 1 844,2 enacts that " it shall 
 be lawful for every person aggrieved by such allowance, and for 
 every person aggrieved by such disallowance or surcharge, if 
 such last-mentioned person have first paid or delivered over to 
 any person authorised to receive the same all such money, 
 goods, and chattels as are admitted by his account to be due 
 from him or remaining in his hands, to apply to the Court of 
 Queen's Bench for a writ of certiorari to remove into the said 
 Court the said allowance, disallowance, or surcharge, in the 
 like manner and subject to the like conditions as are provided 
 in respect of persons suing forth writs of certiorari for the 
 removal of orders of justices of the peace, except that the 
 condition of such recognizance shall be, to prosecute such 
 certiorari, at the costs and charges of such person, without any 
 wilful or affected delay, and if such allowance, disallowance, or 
 surcharge be confirmed, to pay to such auditor or his successor, 
 within one month after the same may be confirmed, his full 
 costs and charges, to be taxed according to the course of the 
 said Court, and except that the notice of the intended applica- 
 tion, which shall contain a statement of the matter complained 
 of, shall be given to such auditor or his successor, who shall 
 in return to such writ return a copy under his hand of the 
 entry or entries in such book of account to which such notice 
 shall refer, and shall appear before the said Court, and defend 
 the allowance, disallowance, or surcharge so impeached in the 
 said Court, and shall be reimbursed all such costs and charges 
 as he may incur in such defence out of the poor rates of the 
 union or parish respectively interested in the decision of the 
 question, unless the said Court make any order to the contrary; 
 and that on the removal of such allowance, disallowance, or 
 surcharge the said Court shall decide the particular matter of 
 complaint set forth in such statement, and no other ; and if it 
 appear to such Court that the decision of the said auditor was 
 erroneous, they shall, by rule of the Court, order such sum of 
 money as may have been improperly allowed, disallowed, or 
 surcharged to be paid to the party entitled thereto by the party 
 who ought to repay or discharge the same ; and they may also, 
 if they see fit, by rule of the Court, order the costs of the 
 person prosecuting such certiorari to be paid by the parish or 
 union to which such accounts relate, as to such Court may 
 seem fit ; which rules of Court respectively shall be enforced 
 in like manner as other rules of the said Court are enforceable." 
 
 (1) 42 Vict. c. 6, 1st Schedule. (2) 7 & 8 Vict. c. ici, s. 35.
 
 IV.] Parish and District Councils. 225 
 
 The Divided Parishes and Poor Law Amendment Act, 56 & 57 Vic*. 
 1876, 1 enables the Court, in the case of an appeal as to a c - "3> s - 5 8 > n - 
 joint account, to reverse the auditor's decision with regard to 
 one or more of the persons appealing without discharging the 
 other person or persons against whom the auditor's decision 
 was pronounced. 
 
 The issuing of a certiorari for the removal of justices' 
 orders is now regulated by the Crown Office Rules. 2 These 
 rules, among other things, provide that no writ of certiorari 
 shall be granted, issued, or allowed to remove any order made 
 by any justice or justices, unless such writ be applied for 
 within six calendar months next after the order shall be made, 
 and unless it be proved by affidavit that the party suing forth 
 the same has given six days' notice thereof in writing to the 
 justice or justices, or to two of them, by whom such order 
 shall be made. 3 
 
 It has been decided that the High Court has jurisdiction to 
 review the auditor's decision where it is erroneous in any 
 sense, and not only where it is erroneous in point of law ; 4 and 
 on the other hand, that the Court will not reverse the decision 
 of an auditor where there was evidence before him upon 
 which he might have reasonably come to that decision. 5 
 
 Appeal to Local Government Board against auditor's de- 
 cision.- — The right of appeal to the Local Government Board 
 is given by the Poor Law Amendment Act, 1844, 6 which 
 provides that "it shall be lawful for any person aggrieved . . . 
 by any allowance, disallowance, or surcharge ... to apply to 
 the said commissioners [now the Local Government Board] to 
 inquire into and to decide upon the lawfulness of the reasons 
 stated by the auditor for such allowance, disallowance, or 
 surcharge, and it shall thereupon be lawful for the said 
 commissioners to issue such order therein ... as they may 
 deem requisite for determining the question." 
 
 The Poor Law Audit Act, 1848, 7 provides that "where 
 any appeal shall be made to the said commissioners [now 
 the Local Government Board] against any allowance, dis- 
 allowance, or surcharge made by any auditor ... it shall be 
 lawful for the said commissioners to decide the same 
 according to the merits of the case ; and if they shall find that 
 any disallowance or surcharge shall have been or shall be 
 lawfully made, but that the subject matter thereof was incurred 
 under such circumstances as make it fair and equitable that 
 the disallowance or surcharge should be remitted, they may, 
 
 (1) 39 & 40 Vict. c. 61, s. 38, set 291 ; see also Reg. v. Great Western 
 outpost, p. 226. A'j. Co. (1849), 13 Q. B. 327 ; iS 
 
 (2) C. O. Rules 28, 32, 33 , 35, L. J. M. C. 145 ; 13 Jur. 652 ; Reg. 
 36, 40. v. Street (1S52), 18 Q. B. 682 ; 22 
 
 (3) C. O. Rule, 33. L. J. M. C. 29 ; 16 Jur. 1085. 
 
 (4) See Reg. v. Haslehurst (1887) (6) 7 & 8 Vict. c. 101, s. 36. 
 51 J. P. 645. (7) 11 & 12 Vict. c. 91, s. 4. 
 
 (5) Reg. v. Knott (1866), 15 L. T. 
 
 Q
 
 226 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, by an order under their seal, [An order in writing duly signed 
 
 c - 73> s - 5 8 > n. an( j countersigned is now sufficient 2 ] direct that the same 
 
 shall be remitted, upon payment of the costs, if any, which 
 
 may have been incurred by the auditor or other competent 
 
 authority in the enforcing of such disallowance or surcharge." 
 
 The Divided Parishes and Poor Law Amendment Act, 
 1876, 2 provides that "when an auditor shall have allowed, 
 disallowed, or surcharged a sum in any account rendered to 
 him jointly, and an appeal shall be made against the same, the 
 decision of the auditor may be reversed by the Court or the 
 Local Government Board, as the case may be, and the 
 disallowance or surcharge may be remitted by the said Board 
 in favour of one or more of the persons appealing only without 
 discharging the other person or persons against whom such 
 decision of the auditor was pronounced." 
 
 Recovery of sums certified by the auditor to be due. — By the 
 Summary Jurisdiction Act, 1884, 3 it is enacted that "the 
 payment of any sum certified by a district auditor to be due 
 in accordance with the Poor Law Amendment Act, 1844, 4 and 
 the Acts amending the same, or with any other Act may, 
 together with the costs of the proceedings for the recovery 
 thereof, be enforced in like manner as if it were a sum due in 
 respect of the poor rate." 
 
 The Poor Law Amendment Act, 1849/' provides that the 
 limitation of time for proceedings before justices imposed by 
 sect. 11 of the Summary Jurisdiction Act, 1848, 6 shall not 
 apply to any proceeding for the recovery of sums certified to 
 be due, but that " no auditor shall commence any such 
 proceeding after the lapse of nine calendar months from the 
 disallowance or surcharge by such auditor, or, in the event of 
 an application by way of appeal against the same to the Court 
 of Queen's Bench or to the Poor Law Board [now the Local 
 Government Board], after the lapse of nine calendar months 
 from the determination thereupon." 
 
 There seems to be no limitation of time with regard to the 
 recovery of a poor rate, unless perhaps under the Real 
 Property Limitation Acts, and it is open to argument whether 
 the limitation imposed on proceedings by an auditor under the 
 Poor Law Amendment Act, 1849, applies where proceedings 
 are taken under the Summary Jurisdiction Act, 1884. When 
 the Act of 1849 was passed such sums were recoverable under 
 the Poor Law Amendment Act, 1844, 7 in the same way that 
 penalties are recoverable under the Poor Law Amendment 
 Act, i834- s The two last mentioned enactments are, it 
 should be mentioned, not repealed and might still apparently 
 be acted upon. 
 
 (j) Poor Law Amendment Act, (5) 12 & 13 Vict. c. 103, s. 9. 
 
 1866 (29 & 30 Vict, c. 113), s. 5. (6) n & 12 Vict. c. 43. 
 
 (2) 39 & 40 Vict. c. 61, s. 38. (7) 7 & 8 Vict. c. 101, s. 32. 
 
 (3) 47 & 48 Vict. c. 43, s. 11. (8) 4 & 5 Will. IV. c. 76, s. 99. 
 
 (4) 7 & 8 Vict. c. 101.
 
 IV.] Parish and District Council 227 
 
 The justices to whom an application to enforce an auditor's 56 & 57 Vict. 
 surcharge is made cannot go behind the auditor's decision. 1 c - 73> s - 5 8 > n. 
 The justices are not however bound to issue their warrant for 
 the sum appearing in the certificate if it is shown, without 
 questioning the auditor's decision, that the sum in question is 
 not due, as for example where it has been paid. 2 
 
 A sum certified by the auditor to be due is in the nature of 
 a debt, and the debt being provable in bankruptcy, is barred 
 by an order of discharge. 3 
 
 As to the auditor's costs, reference may be made to the case 
 cited below, 4 which was the sequel to the case of Reg. v. 
 Fordham above mentioned. 
 
 Sect. 59. — (1.) Section one hundred and ninety-nine Supplemental 
 and Schedule I. of the Public Health Act, 1875, so far as P" OT . isi ° ns as 
 that schedule is unrepealed (which relate to the meetings courTi"^ 
 of urban authorities, and to the meetings and proceedings 3s & soviet. 
 of local boards), shall apply in the case of every urban c. 55. 
 district council other than a borough council and of 
 every rural district council and board of guardians, as if 
 such district council or board were a local board, except 
 that the chairman of the council or board may be elected 
 from outside the councillors or guardians. 
 
 (2.) Any urban district council other than a borough 
 council, and any rural district council and board of 
 guardians may, if they think fit, appoint a vice-chairman 
 to hold office during the term of office of the chairman, 
 and the vice-chairman shall, in the absence or during 
 the iuability of the chairman, have the powers and 
 authority of the chairman. 
 
 (3.) Any rural district council shall be entitled to use 
 for the purpose of their meetings and proceedings the 
 board room and offices of any board of guardians for the 
 union comprising their district at all reasonable hours, 
 and if any question arises as to what hours are reasonable 
 it may be determined by the Local Government Board. 
 
 (4.) Nothing in this section shall affect any powers of 
 the Local Government Board with respect to the pro- 
 ceedings of guardians. 
 
 (5.) If any district council, other than a borough 
 council, become unable to act, whether from failure to 
 elect or otherwise, the county council of the county in 
 
 (1) Reg. v. Unford (1857), 7 E. (3) Reg. v. Master (1S69), L. R. 
 & B. 950; Reg. v. Finnis (1859), 4 Q. B. 285; 38 L.J. M. C. 73; 
 1 E. & E. 935 ; 28 L. J. M. C. 17 W. R. 442 ; S. C.'noni. Reg. v. 
 201 ; 5 Jur. (n.s.) 791. Mart 'in, 19 L. T. 733. 
 
 (2) Reg. v. Fordham (1873), L. R. (4) Prest v. Royston {guardians) 
 8 Q. B. SOI ; 42 L. J. M. C. 153; (1875), 33 L. T. 564 ; 24 W. R. 
 22 W. R. 85. 174. 
 
 Q 2
 
 228 The Local Government Act, 1S94. [Part 
 
 56 & 57 Vict, which the district is situate may order elections to be 
 c ' 73 ' s< 59- held and may appoint persons to form the district 
 council until the newly elected members come into 
 office. 
 
 (6.) Nothing in this Act shall affect any powers of the 
 Secretary of State under the Public Health Supplemental 
 20 & 21 Vict. Act for Aldershot, 1857, or the position of persons 
 c - 22 - nominated under those powers. 
 
 Note. Chairman and vice-chairman of board of guardians. — 
 As to appointments to these offices, see sect. 20 (7). 
 
 Miscellaneous. 
 
 Supplemental Sect. 60. — (1.) The council of each county may, from 
 provisions time to time, by order, fix or alter the number of 
 guardians guardians or rural district councillors to be elected for 
 each parish within their county, and for those purposes 
 may exercise powers of adding parishes to each other and 
 dividing parishes into wards, similar to those which by 
 the Acts relating to the relief of the poor are, for the 
 purpose of the election of guardians, vested in the Local 
 Government Board. 
 
 (2.) The council of each county may for the purpose of 
 regulating the retirement of guardians or rural district 
 councillors, in cases where they retire by thirds, and in 
 order that as nearly as may be one third of the persons 
 elected as guardians for the union, and one third of the 
 persons elected as rural district councillors for the 
 district, shall retire in each year, direct in which year or 
 years of each triennial period the guardians or district 
 councillors for each parish, ward, or other area in the 
 union or rural district shall retire. 
 
 (3.) Where a poor law union is situate in more than 
 one county, the power under this section of fixing or 
 altering the number of guardians or rural district 
 councillors, and of regulating the retirement of guardians 
 and of district councillors, shall be exercised by a joint 
 committee of the councils of the counties concerned, but 
 if any of those councils do not, within two months after 
 request from any other of them, appoint members of such 
 joint committee, the members of the committee actually 
 appointed shall act as the joint committee. 
 
 Provided that if any order under this sub-section is, 
 within six weeks after the making thereof, objected to by
 
 IV.] Miscellaneous. 229 
 
 any of the county councils concerned, or by any com- 56 & 57 Vict, 
 mittee of any of those councils authorised in that behalf, c " 73 ' s - 6o - 
 it shall be of no effect until confirmed by the Local 
 Government Board. 
 
 (4.) Where under any local and personal Act guardians 
 of a poor law union are elected for districts, whether 
 called by that name or not, the provisions of this Act 
 with respect to the election of guardians shall apply as if 
 each of the districts were a parish. 
 
 (5.) The board of guardians of a union elected in 
 pursuance of this Act shall, save as otherwise provided 
 by an order of the Local Government Board, made on 
 the application of those guardians, have the same powers 
 and duties under any local and personal Act as the 
 existing board of guardians. 
 
 (6.) Nothing in this Act shall alter the constitution of 
 the corporation of the guardians of the poor within the 
 city of Oxford, or the election or qualification of the 
 members thereof, except those members who are elected 
 by the ratepayers of parishes. 
 
 Note. Adding parishes to each other. — Sect. 6 of the Poor 
 Law Amendment Act, 1868 1 enacts that the Poor Law Board 
 [now the Local Government Board] " may, by order under 
 seal, add any parish in a union, the population of which parish, 
 according to the census last declared, shall not exceed three 
 hundred, the annual rateable value whereof shall not exceed 
 the average rateable value of the parishes in the same union 
 according to the valuation lists in force for the time being, 
 to some adjoining parish in the same union for the purpose of 
 the election of guardians ; and the persons qualified to elect 
 such guardians in either parish shall be qualified to vote at 
 such election for the parishes so united." 
 
 Division of parish into wards. — Sect. 12 of the Divided 
 Parishes and Poor Law Amendment Act, 1876 2 enacts that 
 " the Local Government Board may by their order divide any 
 parish into wards for the election of guardians, and determine 
 the number of guardians to be elected for every such ward, 
 having due regard to the value of the rateable property therein ; 
 and each such ward shall for the purposes of such election 
 be deemed to be a separate parish, except so far as the said 
 Board may otherwise order." 
 
 Sect. 61. — No parish meeting or meeting of a parish Place of 
 council, or of a district council, or of a board of guardians me( ^ng of 
 
 • • m 1*1 s 11 or 
 
 shall be held in premises licensed for the sale of intoxicat- *|j str j ct 
 ing liquor, except in cases where no other suitable room council or 
 
 board of 
 (1) 31 & 32 Vict. c. 122, s. 6. (2) 39 & 40 Vict. r. 61, s. 12. guardians.
 
 23° 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c. 73, s. 61. 
 
 Per missive 
 transfer to 
 urban dis- 
 trict council 
 of powers of 
 other 
 authorities. 
 
 is available for such meeting either free of charge or at a 
 reasonable cost. 
 
 Sect. 62. — (1.) Where there is in any urban district, 
 or part of an urban district, any authority constituted 
 under any of the adoptive Acts, the council of that 
 district may resolve that the powers, duties, property, 
 debts, and liabilities of that authority shall be transferred 
 to the council as from the date specified in the resolution, 
 and upon that date the same shall be transferred 
 accordingly, and the authority shall cease to exist, and 
 the council shall be the successors of that authority. 
 
 (2.) After the appointed day any of the adoptive Acts 
 shall not be adopted for any part of an urban district 
 without the approval of the council of that district. 
 
 Note. Adoptive Acts in urban districts. — With regard to 
 these Acts generally, see the note to sect. 7. 
 
 The Lighting and Watching Act, 1833, * as has been seen, 
 has practically no application within an urban district. 2 
 
 The Public Libraries Act, 1892, 3 may be adopted for an 
 urban sanitary district by the sanitary authority, but cannot be 
 adopted for part of such a district. 4 
 
 The Baths and Washhouses Acts may be adopted for any 
 urban district by the urban sanitary authority. 5 They cannot 
 be adopted for part of a borough, nor, apparently, though the 
 point is perhaps not free from doubt, for part of any other 
 urban district. 6 
 
 The Public Improvement Act, i860, 7 may be adopted for 
 any borough and cannot be adopted for part of a borough. It 
 cannot be adopted for an urban sanitary district other than a 
 borough ; but may be adopted for any parish with the requisite 
 population within such a district. 
 
 The Burial Acts are not, as has been seen, 8 brought into 
 operation within any area by a formal adoption of their pro- 
 visions, but come into operation, so far as they relate to the 
 provision of a burial-ground, upon the passing of a resolution 
 that a burial-ground shall be provided for the area. And by 
 sect. 7 (8) the passing of such a resolution is, for the purposes 
 of the present Act, to be deemed an adoption of the Burial 
 Acts. The provisions of the Acts mentioned in the note to 
 sect. 7, ante, pp. 70-72, authorising the "adoption" of the 
 Acts for various areas are not restricted to areas in rural 
 
 (1) 3&4W1II. IV. c. 90. 
 
 (2) See ante, p. 64. 
 
 (3) 55 & 56 Vict. c. 53. 
 
 (4) lb. s. 1. 
 
 (5) See ante, p. 67. 
 
 (6) See Baths and Washhouses 
 Act, 1846 (9 & 10 Vict. c. 74), s. 1 ; 
 Local Government Board Act, 1871 
 
 (34 & 35 Vict. c. 70), s. 2 ; Public 
 Health Act, 1875 (38 & 39 Vict. 
 c. 55), s. 10 ; Baths and Wash- 
 houses Act, 1878 (41 Vict. c. 14), 
 s. 2. 
 
 (7) 23 & 24 Vict. c. 30. 
 
 (8) Ante, p. 70.
 
 IV.] Miscellaneous. 231 
 
 districts, but apply generally to any area such as is there 56 & 57 Vict, 
 mentioned, whether wholly within a rural district, or wholly or c - 73, s - 62, n. 
 partly within an urban district. The Acts, however, contain 
 additional provisions as to the providing of burial-grounds for 
 urban districts and for areas within urban districts which may 
 be briefly mentioned. 
 
 Upon the petition of the town council of a borough, an order 
 in council may in certain cases be made vesting the powers of 
 a burial-board, with certain exceptions and modifications, in 
 the town council. 1 A burial-ground provided by a town 
 council, in pursuance of powers so vested in them, is to be 
 deemed to be provided for such parish or parishes wholly or 
 partly situate in the borough, as the town council may deter- 
 mine^ 2 but where, prior to the making of such an Order in 
 Council, it appears that any parish wholly or in part within the 
 borough is provided with a sufficient burial-ground, the Order 
 may direct that no part of such parish shall be assessed 
 towards defraying the expenses of the town council under the 
 Burial Acts, and in such case no burial-ground provided for the 
 borough by the town council under the Acts is to be deemed 
 to be provided for such parish. 3 
 
 Somewhat similar provisions are made under which, in 
 certain cases, upon the petition of an urban sanitary authority, 
 other than the corporation of a municipal borough, the 
 .authority may by Order in Council be made a burial-board for 
 their district. 4 
 
 An enactment in the Local Government Act, 1858, 5 re- 
 enacted by the Public Health Act, 1875, 6 provides that " when 
 a vestry of any parish comprised in a local government 
 district resolves to appoint a burial-board, the local board may 
 at the option of the vestry be the burial-board for such parish, 
 and all expenses incurred by such burial-board shall be 
 defrayed out of a rate to be levied in such parish in the same 
 manner as a general district rate. Provided that if such 
 parish has been declared a ward for the election of members of 
 the local board, such members shall form the burial-board for 
 the parish, and shall be deemed to be a burial-board elected 
 under the Burial Acts for the time being in force." 
 
 A section of the Sanitary Act, 1866, 7 also re-enacted by the 
 Public Health Act, 1S75, 8 provides that " when the district of 
 a burial board is included in or conterminous with the district 
 of an urban authority, the burial board may, by resolution of 
 the vestry, and by agreement of the burial board and urban 
 authority, transfer to the urban authority all their estate 
 property rights powers duties and liabilities, and from and 
 after such transfer, the urban authority shall have all such 
 
 (1) 17 & iS Vict, c. 87, ss. 1, 2. (38 & 39 Vict. c. 55), s. 310. 
 
 (2) lb. s. 7. (5) 21 & 22 Vict. c. 98, s. 49. 
 
 (3) lb. s. 9. (6) 38 & 39 Vict. c. 55, s. 343. 
 
 (4) 20 & 21 Vict. c. 81, s. 4, and (7) 29 & 30 Vict. c. 90, s. 44. 
 see the Public Health Act, 1875 (8) 38 & 39 Vict. c. 55, s. 343.
 
 232 
 
 T/i • Local Government Act, 1S94. 
 
 [Part 
 
 56 & 57 Vict, estate property rights powers duties and liabilities as if they 
 c. 73, s. 62, n. ^ ac j b een (July appointed a burial board under the Burial Acts 
 for the time being in force." 
 
 The Burial Act, 1855, makes certain provisions as to local 
 boards acting as burial boards under local Acts. 1 
 
 The powers of town councils, 2 or of other urban sanitary 
 authorities acting as burial boards, 3 differ in certain respects 
 from those of a burial board appointed by a vestry or a similar 
 meeting ; and certain special provisions with regard to fees 
 payable to incumbents, clerks, sextons, and other persons apply 
 where a town council act as burial board. 4 
 
 Sanitary authorities, both urban and rural, besides being 
 empowered to act as burial boards under the Burial Acts have, 
 it may be mentioned, other powers for the provision of ceme- 
 teries under the Public Health (Interments) Act, 1879, 5 com- 
 monly called Marten's Act. 
 
 council 
 acquiring 
 powers of 
 district 
 council. 
 
 Provisions as Sect. 63. — (1.) Where the powers of a district council 
 to county are by virtue of a resolution under this Act transferred to 
 a county council, the following provisions shall have 
 effect : — 
 
 («.) Notice of the resolution of the county council by 
 virtue of which the transfer is made shall be 
 forthwith sent to the district council and to the 
 Local Government Board : 
 
 (b.) The expenses incurred by the county council shall 
 be a debt from the district council to the county 
 council, and shall be defrayed as part of the 
 expenses of the district council in the execution 
 of the Public Health Acts, and the district 
 council shall have the like power of raising 
 the money as for the defraying of those 
 expenses : 
 
 (c.) The county council for the purpose of the powers 
 transferred may on behalf of the district council 
 borrow subject to the like conditions, in the like 
 manner, and on the security of the like fund or 
 rate, as the district council might have borrowed 
 for the purpose of those powers : 
 
 (d.) The county council may charge the said fund or 
 rate with the payment of the principal and 
 interest of the loan, and the loan with the 
 interest thereon shall be paid by the district 
 
 (1) 18 & 19 Vict. c. 128, ss. 19, 
 
 20. 
 
 (2) See 17 & iS Vict. c. 87, ss. 
 2-6, 8, 11, 12 ; 20 & 21 Vict. c. 81, 
 s. 22. 
 
 (3) See 23 & 24 Vict. c. 64, ss. 
 
 1-3 ; 24 & 25 Vict. c. 61, s. 21, 
 re-enacted by the 38 & 39 Vict, 
 c. 55, s. 343 ; 25 & 26 Vict. c. ico. 
 
 (4) 17 cS: iS Vict. c. 87, s. 10. 
 
 (5) 42 & 43 Vict. c. 31.
 
 IV.] Miscellaneous. 233 
 
 council in like manner, and the charge shall 5 6 & 57 Vict, 
 have the like effect, as if the loan were lawfully c - 7 3> *• 6 3- 
 raised and charged on that fund or rate by the 
 district council : 
 (e.) The county council shall keep separate accounts of 
 all receipts and expenditure in respect of the 
 said powers : 
 (/.) The county council may by order vest in the 
 district council all or any of the powers, duties, 
 property, debts, and liabilities of the county 
 council in relation to any of the said powers, 
 and the property, debts, and liabilities so 
 vested shall be deemed to have been acquired 
 or incurred by the district council for the 
 purpose of those powers. 
 (2.) Where a rural district is situate in two or more 
 counties a parish council complaining under this Act 
 may complain to the county council of the county in 
 which the parish is situate, and if the subject-matter of 
 the complaint affects any other county the complaint 
 shall be referred to a joint committee of the councils of 
 the counties concerned, and any question arising as to 
 the constitution of such joint committee shall be deter- 
 mined by the Local Government Board, and if any 
 members of the joint committee are not appointed the 
 members who are actually appointed shall act as the joint 
 committee. 
 
 Sect. 64. — A county council may employ a district Power to 
 council as their agents in the transaction of any adminis- act through 
 trative business on matters arising in, or affecting the council# 
 interests of, its own district. 
 
 Sect. 65. — Where any improvement commission Saving for 
 affected by this Act have* any powers, duties, property, ^^f 
 debts, or liabilities in respect of any harbour, the pow 
 improvement commission shall continue to exist and be 
 elected for the purpose thereof, and shall continue as a 
 separate body, as if this Act had not passed, and the 
 property, debts, and liabilities shall be apportioned 
 between the district council for the district and the com- 
 mission so continuing, and the adjustment arising out 
 of the apportionment shall be determined in manner 
 provided by this Act. 
 
 Note. Adjustment of property debts and liabilities. — The 
 provisions of the Act with regard to such adjustments are con- 
 tained in sect. 68.
 
 ■34 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict. Sect. 66.— Nothing in this Act shall affect the 
 c - 73> s - • trusteeship, management, or control of any elementary 
 Saving for sc h 00 ]. 
 elementary 
 
 schools. Note. Elementary school. — The expression " elementary- 
 
 school " is defined in sect. 75 (2). 
 
 Transfer of 
 property and 
 debts and 
 liabilities. 
 
 Adjustment 
 of properly 
 and 
 liabilities. 
 
 Sect. 67. — Where any powers and duties are trans- 
 ferred by this Act from one authority to another 
 authority — 
 
 (1.) All property held by the first authority for the 
 purpose or by virtue of such powers and duties 
 shall pass to and vest in the other authority, 
 subject to all debts and liabilities affecting the 
 same ; and 
 (2.) The latter authority shall hold the same for the 
 estate, interest, and purposes, and subject to 
 the covenants, conditions, and restrictions for 
 and subject to which the property would have 
 been held if this Act had not passed, so far as 
 the same are not modified by or in pursuance 
 of this Act ; and 
 (3.) All debts and liabilities of the first authority 
 incurred by virtue of such powers and duties 
 shall become debts and liabilities of the latter 
 authority, and be defrayed out of the like pro- 
 perty and funds out of which they would have 
 been defrayed if this Act had not passed. 
 Sect. 68. — (1.) Where any adjustment is required for 
 the purpose of this Act, or of any order, or thing made 
 or done under this Act, then, if the adjustment is not 
 otherwise made, the authorities interested may make 
 agreements for the purpose, and may thereby adjust any 
 property, income, debts, liabilities, and expenses, so far 
 as affected by this Act, or such scheme, order, or thing, 
 of the parties to the agreement. 
 
 (2.) The agreement may provide for the transfer or 
 retention of any property, debts, or liabilities, with or 
 without any conditions, and for the joint use of any pro- 
 perty, and for payment by either party to the agreement 
 in respect of property, debts, and liabilities so transferred 
 or retained, or of such joint user, and in respect of the 
 salary or remuneration of any officer or person, and that 
 either by way of an annual payment or, except in the 
 case of a salary or remuneration, by way of a capital sum, 
 or of a terminable annuity for a period not exceeding 
 that allowed by the Local Government Board : Provided 
 that where any of the authorities interested is a board of
 
 IV.] Miscellaneous. 235 
 
 ians, any such agreement, so far as it relates to the 5 6 & 57 Vict 
 use of any property, shall be subject to the approval c - 73 ' s - 68g 
 
 guardians, 
 
 joint use 
 
 of the Local Government Board. 
 
 (3.) In default of an agreement, and as far as any such 
 agreement does not extend, such adjustment shall be 
 referred to arbitration in accordance with the Arbitration 52 & 5:3 Vict. 
 Act, 1889, and the arbitrator shall have power to disallow c - 49 - 
 as costs in the arbitration the costs of any witness whom 
 lie considers to have been called unnecessarily, and any 
 other costs which he considers to have been incurred 
 unnecessarily, and his award may provide for any matter 
 for which an agreement might have provided. 
 
 (4.) Any sum required to be paid by any authority 
 for the purpose of adjustment may be paid as part of the 
 general expenses of exercising their duties under this 
 Act, or out of such special fund as the authority, with 
 the approval of the Local Government Board, direct, and 
 if it is a capital sum the payment thereof shall be a pur- 
 pose for which the authority may borrow under the Acts 
 relating to such authority, on the security of all or any 
 of the funds, rates, and revenues of the authority, and 
 any such sum may be borrowed without the consent of 
 any authority, so that it be repaid within such period as 
 the.Local Government Board may sanction. 
 
 (5.) Any capital sum paid to any authority for the 
 purpose of any adjustment under this Act shall be treated 
 as capital, and applied, with the sanction of the Local 
 Government Board, either in the repayment of debt or 
 for any other purpose for which capital money may be 
 applied. 
 
 Sect. 69. — Where an alteration of any area is made Power to 
 
 by this Act, an order for any of the matters mentioned deal Wltl1 
 
 in section fifty-nine of the Local Government Act, 1888, ™?"T .„ t nf 
 . . J . -11-111 arising out 01 
 
 may, 11 it appears to the county council desirable, be alteration of 
 
 made by the county council, or, in the case of an area boundaries, 
 situate in more than one county, by a joint committee 
 of county councils, but nothing in this section shall em- 
 power a county council or joint committee to alter the 
 boundaries of a county. 
 
 Note. Alterations of area. — With regard to alterations of 
 area effected by the Act, see sects. 1 (3), 24 (5) and 36 (2), and 
 the note to the last mentioned section. Sect. 59 of the Local 
 Government Act, 1888, 1 will be found in the Appendix. 
 
 Sect. 70. — (1.) If any question arises, or is about to Summary 
 arise, as to whether any power, duty, or liability is or is proceeding 
 
 (1) 51 & 52 Vict. c. 41, s. 59. .
 
 236 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, not transferred by or under this Act to any parish council, 
 c 73, s. 70. pgjjgh me eting, or district council, or any property is or 
 for deter- ^ j s not ve sted in the parish council, or in the chairman 
 "toSSS as anc ^ overseers of a rural parish, or in a district council, 
 totranSer^of that question, without prejudice to any other niode of 
 powers. trying it, may, on the application of the council, meet- 
 
 ing, or other local authority concerned, be submitted for 
 decision to the High Court in such summary manner as, 
 subject to any rules of court, may be directed by the 
 Court; and the Court, after hearing such parties and 
 taking such evidence (if any) as it thinks just, shall 
 decide the question. 
 
 (2.) If any question arises or is about to arise under 
 this Act as to the appointment of the trustees or bene- 
 ficiaries of any charity, or as to the persons in whom the 
 property of any charity is vested, such question shall, 
 at the request of any trustee, beneficiary, or other person 
 interested, be determined in the first instance by the 
 Charity Commissioners, subject to an appeal to the High 
 Court brought within three months after such deter- 
 mination. Provided that an appeal to the High Court of 
 Justice from any determination of the Charity Commis- 
 sioners under this section may be presented only under 
 the same conditions as are prescribed in the case of 
 appeals to the High Court from orders made by the 
 Charity Commissioners under the Charitable Trusts 
 Acts, 1853 to 1891. 
 
 (3.) An appeal shall, with the leave of the High Court 
 or Court of Appeal, but not otherwise, lie to the Court of 
 Appeal against any decision under this section. 
 
 Note. Application to High Court. — Sect. 29 of the Local 
 Government Act, 1888, 1 contains provisions very similar to 
 those in sub-sect. (1) of the present section. Rules of Court 
 have been made regulating the practice under that section ; 2 
 and similar rules as to the practice under the present section 
 will doubtless be made. Before the rules in question came 
 into force, the proper course was to make the application for 
 an order to set down for hearing a case stated under the 
 section to the Court and not at chambers. 3 
 
 Under the last-mentioned section the Court will not answer 
 abstract questions as to the construction of statutes ; specific 
 facts that have actually arisen must be put before it ; 4 and the 
 
 (1) 51 & 52 Vict. c. 41, s. 29. quarter sessions), ex /arte (1889), 
 
 (2) W. N., August 20th, 1892; W. N. 1889, p. 183. 
 
 Annual Practice, 1894, Vol. ii., (4) Re Cardigan [county council^ 
 
 p. 369. (1890), 54 J- P- 79 2 - 
 
 (3) Staffordshire [chairman of
 
 IV.] Miscellaneous. 237 
 
 Court will not decide whether any matter is proper for adjust- 56 & 57 Vict, 
 ment under sect. 62 of the Act, 1 which is similar in scope to c - 73> s - 7°> "• 
 sect. 68 of the present Act.' 2 
 
 No appeal, it may be mentioned, lies to the Court of Appeal 
 on a case stated under the Local Government Act, 1888. 3 
 
 Appeal from Charity Commissioners, — Under sect. 8 of the 
 Charitable Trusts Act, i860, 4 as amended by sect. 10 of the 
 Charitable Trusts Act, i860, 5 an appeal against orders of the 
 Charity Commissioners can only be presented, except in 
 the case of an order removing an officer of a chanty where 
 such officer also has a right of appeal, by the Attorney-General, 
 or by some person authorised by him or by the Charity Com- 
 missioners." The appeal must be brought within three months 
 after the definitive publication of the order of the Charity 
 Commissioners, and must not be brought, except by the 
 Attorney-General, before the expiration of twenty-one days 
 after written notice under the hand of the appellant of the 
 intention to appeal has been delivered to the Charity Commis- 
 sioners at their office, and has been served on the Attorney- 
 General by delivering the same to the solicitor who acts for 
 him in ex officio proceedings relating to charities. 7 Security for 
 costs may be required from any appellant other than the 
 Attomey-General, s and the Attorney-General, or any person 
 authorised by him or by the Charity Commissioners, may 
 appear as respondent upon the appeal. 9 
 
 Sect. 71. — A copy of every order made by a county Supplemental 
 council or joint committee in pursuance of this Act shall provisions as 
 be sent to the Local Government Board, and, if it alters t0 cou .? ty 
 any local area or name, also to the Board of Agriculture, orders. 
 
 Sect. 72. — (1.) The expenses incurred by the Local Provisions 
 Government Board in respect of inquiries or other pro as to local 
 ceedings under this Act shall be paid by such authorities m( l uines - 
 and persons and out of such funds and rates as the Board 
 may by order direct, and the Board may certify the 
 amount of the expenses so incurred, and any sum so 
 certified and directed by the Board to be paid by any 
 authority or person shall be a debt from that authority 
 or person to the Crown. 
 
 (2.) Such expenses may include the salary of any 
 
 (1) 51 & 52 Vicl. c. 41, s. 62. (6) See Re Hackney Charities, 
 
 (2) Re Salop [county council) Ex parte Nicholls (1865), 4 De G. 
 (1891), 65 L. T. 416;' 56 J. P. J. & S. 588; 34 L. J. Ch. 169; 
 213. 11 Jur. (N.s.) 126; 11 L. T. 758; 
 
 (3) Re Kent {county council) 13 W. R. 398. 
 
 {1891), L. R. [1891] 1 Q. B. 725; (7) 23 & 24 Vict. c. 136, s. 8; 
 
 60 L. J. Q. B. 435 ; 65 L. T. 213 ; 32 & 33 Vict, c no, s. 11. 
 
 39 W. R. 465 ; 55 J. P. 647. (8) 23 & 24 Vict. c. 136, s. 8. 
 
 (4) 23 & 24 Vict. c. 136, s. 8. (9) lb. s. 9. 
 
 (5) 3 2 & 33 Vi ct. c. no, s. 10.
 
 238 The Local Government Act, 1S94. [Part 
 
 56 & 57 Vict, inspector or officer of the Board engaged in the inquiry 
 c ' 73 ' >- ' 2 ' or proceeding, not exceeding three guineas a day. 
 
 (3.) The Local Government Board and their inspectors 
 shall have for the purposes of an inquiry in pursuance of 
 this Act the same powers as they respectively have for 
 the purpose of an inquiry under the Public Health Act, 
 1875. 
 
 (4.) Where a county council hold a local inquiry under 
 this Act or under the Local Government Act, 1888, on 
 the application of the council of a parish or district, or 
 of any inhabitants of a parish or district, the expenses 
 incurred by the county council in relation to the inquiry 
 (including the expenses of any committee or person 
 authorised by the county council) shall be paid by the 
 council of that parish or district, or, in the case of a 
 parish which has not a parish council, by the parish 
 meeting ; but, save as aforesaid, the expenses of the 
 county council incurred in the case of inquiries under 
 this Act shall be paid out of the county fund. 
 
 Note. Local Government Board inspectors. — With regard 
 to the powers of such inspectors under the Public Health Act, 
 187 5, 1 see the note to sect. 9, ante, pp. 96, 97. 
 
 Provision as Sect. 73. — When the day on which any thing is 
 
 to Sundays required by or in pursuance of this Act to be done is 
 
 holidays Sunday, Christmas Day, or Good Friday, or a bank 
 
 holiday, that thing shall be done 011 the next following 
 
 day, not being one of the days above mentioned. 
 
 Note. Computation of time. — By the Statutes (Definition 
 of Time) Act, 1880, 2 it is provided that "whenever any 
 expression of time occurs in any Act of Parliament, deed, or 
 other legal instrument, the time referred shall, unless it is 
 otherwise specifically stated, be held in the case of Great 
 Britain to be Greenwich mean time." 
 
 By the Interpretation Act, 1889, 3 it is provided that in every 
 Act passed after 1850, unless the contrary intention appears, 
 the expression " month " shall mean calendar month. In 
 earlier Acts the expression, unless the contrary intention 
 appears, means a lunar month of twenty-eight days. 4 
 
 Where an act is required by statute to be done at, or within 
 or not within, a prescribed interval of time after or before a 
 given date or event, it becomes a question how time is to be 
 
 (1) 38 & 39 Vict. c. 55. called "Lord Brougham's Act," 
 
 (2) 43 & 44 Vict. c. 9. now repealed. 
 
 (3) 52 & 53 Vict. c. 63, s. 3, re- (4) Bla. Com. vol. ii. p. 141 ; 
 enacting a provision in sect. 4 of Lacon v. Hooper (1795), 6 T. R. 
 the 13 & 14 Vict. c. 21, commonly 224.
 
 IV.] Miscellaneous. 239 
 
 computed so as to ascertain the proper date, or the earliest or 56 & 57 Vict. 
 latest date, as the case may be, for doing the act. 1 c - 73. s. 73. "- 
 
 The following rules for the solution of such questions, in the 
 absence of special provisions on the subject, appear to be 
 established. 
 
 So far as possible fractions of a clay are disregarded, and 
 each day is looked upon as a point of time ; 2 so that in 
 general it comes to the same thing whether time is to be com- 
 puted from a specified date or from an event that occurs on 
 that date. Thus an act to be done within three days of a 
 Wednesday, or of an event occurring at noon on a Wednesday, 
 may be done at any time on the succeeding Saturday. 3 
 
 The word " clear " in such expressions as so many "clear 
 days " or " a clear month " imports that the date from which 
 the period is reckoned is to be excluded from the computation, 
 and, where the period is reckoned from one date to another, 
 that the latter date also is to be excluded. Thus, where an 
 act is to be done within ten clear days of, say, of April 10th, it 
 may be done on April 20th, but not later, and an act to be 
 done within a clear month (where that expression means 
 calendar month) of the former date may be done on May 10th 
 at latest. 4 
 
 Again, ten clear days' notice of an event occurring on 
 May 20th cannot be given later than May 9th, nor a clear 
 calendar month's notice of the same event later than April 19th. 5 
 Whether the notices could be given earlier than those dates 
 would depend upon whether the enactment requiring the notice 
 was intended to prescribe the exact length or merely the 
 minimum length of notice. 
 
 The expressions " at least," 6 or, apparently, " not less 
 
 (1) Provisions with regard to the Ves. 248, at p. 257 ; Reg. v. Middle- 
 computation of time for the pur- sex [justices) (1845), 3 D. & L. 
 poses of the Municipal Corporations 109; 2 New Sess. Cas. 73; 14 
 Act, 1882 (45 & 46 Vict, c 50), are L. J. M. C. 139 ; 9 Jur. 758. 
 contained in sect. 230 of that Act, (3) For authorities showing that 
 ■post. That section is incorporated in such a case Saturday and not 
 with the Local Government Act, Friday would be the last day for the 
 1888 (51 & 52 Vict. c. 41), by act, see^W, p. 240 notes (2) and (3). 
 sect. 75 of that Act, in the manner (4) See Liffen v. Pitcher (1842), 
 in that section appearing; and it I D. N. S. 767, per Coleridge, J. , 
 might be argued that, by virtue of at p. 769 ; Boyd v. Nethery (i860), 
 sect. 75 (1) of the present Act, 10 Ir. C. L. R. 369. 
 
 sect. 230 of the Act of 1882 is (5) Rex v. Herefordshire {justices) 
 
 accordingly indirectly incorporated (1820), 3 B. & Aid. 581 ; and see 
 
 with the present Act. The provi- the cases cited in note (4) supra, 
 
 sions of the present section, how- and note (6) infra. 
 
 ever, which are in effect identical (6) Zouch v. Empsey (1821), 4 
 
 with part of the last-mentioned B. & Aid. 522 ; Reg. v. Shropshire 
 
 section, appear to show on the {justices) (1838), 8 A. & E. 173; 3 
 
 principle exprcssio uuius, exclusio N. & P. 286; 7 L. J. M. C. 56 ; 2 
 
 alterius, that the section is not in- Jur. 807 ; Young v. Higgon (1840), 
 
 tended to apply to the interpreta- 6 M. & \V. 49 ; 8 D. P. C. 212; 
 
 tion of the present Act. 9 L. J. M. C. 29 ; 4 Jur. 125; 
 
 (2) Lester v. Garland (1808), 15 Mitchell v. foster (1841), 9 D. P. C.
 
 240 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, than," 1 have a significance similar to that of the word 
 c - 73> s - 73) n - " clear." Thus, the expressions " ten days at least," or, 
 apparently, " not less than ten days," mean ten clear days or 
 more. 
 
 Where a period of time is described without the use of the 
 word clear or some similar expression, there is more difficulty. 
 
 If an act is required to be done within a certain period from 
 an ascertained date, that date is excluded from the computa- 
 tion. So that an act to be done within ten days after an event 
 occurring, say, on May 10th may be done on May 20th at 
 latest, and an act to be done " within a calendar month " after 
 the former date on June 10th at latest. 2 Similarly, where an 
 act is not to be done until the expiration of a month from, say, 
 Jan. 12th, it cannot be done earlier than Feb. 13th. 3 Where, 
 therefore, an act is to be done within a given time from an 
 ascertained date, the latest or earliest day, as the case may be, 
 on which it may be done is, in the absence of provisions to the 
 contrary, the same, whether the word clear is used in describing 
 the interval or not. Thus, " within ten days " and " within ten 
 clear days" have in general the same meaning. 
 
 Where an act is required to be done at a given interval of 
 time from an ascertained date, so that the time is reckoned 
 from one date and to another, the rule is said to be, in the 
 absence of the word clear or some equivalent expression, to 
 exclude the one date and to include the other. 4 
 
 This rule is well established as regards enactments requiring 
 simply so many days' notice of an event to be given. Thus, 
 ten days' notice of an event occurring on the 20th may be 
 given on the 10th, but not later. 5 Whether it could be given 
 earlier depends upon whether it was intended to prescribe the 
 exact length of notice or merely the minimum length. A ten 
 days' notice is, therefore, one day shorter than a ten clear 
 days' notice. 
 
 527 ; 12 A. k E. 472 ; 9 L. T- M. C. v. Bartholomew (1891), L. R. [1892] 
 
 ■95 5 5 J ur - 7°; Re S- v - Middlesex I Q. B. 161 ; 61 L. J. M. C. 63 ; 
 
 {justices) (1845), 2 New Sess. Cas. 65 L. T. 677; 40 W. R. 63; 56 
 
 73 ; 3 D. & L. 109 ; 14 L. J. M. C. J. P. 262 ; Cf. Ex parte Foster, Re 
 
 *39; 9 Jur. 758; Reg. v. Aberdare Hanson (1887), 56 L. T. 573; 
 
 Canal Co. (1850), 14 Q. B. 854 ; 19 S. C. north, Ex parte Forster, 35 
 
 L. J. Q. B. 251 ; 14 Jur. 735 ; Free- W. R. 456 ; 4 M. B. R. 9S. 
 
 man v. Read (1S63), 4 B. & S. 174; (3) Blunt v. Heslop (1838), S 
 
 32 L. T- M. C. 226 ; 10 Jur. (n.s.) A. & E. 577 ; 3 N. & P. 553 ; 7 
 
 149 ; 8 L. T. 458 ; n W. R. 802. L. J. Q. B. 216 ; S. C. nom. Blunt 
 
 (1) Chambers v. Smith (1843), I2 v - Bfislop, 2 Jur. 542. 
 
 M. & W. 2 ; 13 L. J. Ex. 25; 7 (4) Burn's" Justice of the Peace," 
 
 Jur. 1019 ; Reg. v. Lauder (1867), 30th ed., vol. v., p. 969. 
 
 Ir. R. I C. L. 225 ; Re Railway (5) Rex v. Yorkshire {justices) 
 
 Sleepers Supply Co. (1885), 29 Ch. D. (1833), 4 B. & Ad. 685; 2 L. J. 
 
 204 ; 54 L. J. Ch. 720 ; 52 L. T. M. C. 93 ; Rex v. Goodenough 
 
 731 ; 33 W. R. 595. (1835), 2 A. & E. 463 ; .S". C. nom. 
 
 (2) Robinson v. Waddington Rex v. Cumberland {justices), I H. 
 (1849), 13 Q- B. 753 ; 18 L. J. & W. 16 ; 4 N. & M. 378 ; 4 L. J. 
 Q. B. 250 ; 13 Jur. 537 ; Radcliffe M. C. 72.
 
 IV.] Miscellaneous. 241 
 
 Whether the rule can be regarded as established for all pur- 56 & 57 Vict, 
 poses, however, seems doubtful. 1 c - 73. s - 73> n - 
 
 Time is reckoned inclusive of Sundays ; and this is so even 
 though a Sunday forms the last day of a period within which 
 an act is to be done. 2 Thus, where an act was required to be 
 done within two days of a Friday, it was held to be too late to 
 do it on the succeeding Monday. 3 The rule is, however, no 
 doubt subject to exception where the time for doing an act is 
 limited to only one day. 
 
 Sect. 74.— This Act shall be deemed to be an Act Provisions as 
 touching local government within the meaning of section 5°^/ 
 forty-nine of the Local Government Act, 1888, and a 51 & 52 yjct. 
 provisional order for the Scilly Islands may, on the c . 41. 
 application of the council of the Isles of Scilly, and after 
 such public notice as appears to the Local Government 
 Board sufficient for giving information to all persons 
 interested, be made accordingly. 
 
 Note. Scilly Islands. — By sect. 49 of the Local Govern- 
 ment Act, i888, 4 the Local Government Board were empowered 
 to make a provisional order for regulating the application of 
 that Act to the Scilly Islands, and for providing for the exercise 
 and performance in those islands of the powers and duties both 
 of county councils and also of authorities under the Acts 
 relating to highways and the Public Health Act, 1875, and the 
 Acts amending the same, and for the application to the islands 
 of any provisions of any Act touching local government. 
 
 Under that section a provisional order has been made and 
 confirmed by Parliament, 5 establishing the Council of the Isles 
 of Scilly, conferring on that council many of the functions of a 
 county council, a sanitary authority, and a highway authority, 
 and otherwise providing for local government in the islands. 
 
 Sect. 75. — (1.) The definition of "parish" in section Construction 
 one hundred of the Local Government Act, 1888, shall of Act. 
 not apply to this Act, but, save as aforesaid, expressions ° 4L u 1C " 
 used in this Act shall, unless the context otherwise 
 requires, have the same meaning as in the said Act. 
 
 (2.) In this Act, unless the context otherwise requires — 
 
 Any reference to population means the population 
 according to the census of one thousand eight 
 hundred and ninety-one. 
 
 The expression "parochial elector," when used with 
 
 (1) See Young v. Higgon, ante, L. J. C. P. 224; 6 W. R. 517. 
 
 p. 239. ' (3) Ex parte Simpkin (1859), 2 
 
 (2) Reg. v. Middlesex (justices) E. & E. 392 ; 29 L. J. M. C. 23 ; 
 (1843), 2 D. N. S. 719; 12 L. J. 6 Jur. (n.s.) 144. 
 
 M. C. 59 ; 7 Jur. 396 ; Peacock v. (4) 51 & 52 Vict. c. 41, s. 49. 
 
 Reg. (1858), 4 C. B. (N.s.) 264 ; 27 (5) 53 & 54 Vict. c. clxxvi. 
 
 E
 
 242 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict. reference to a parish in an urban district, or in 
 
 c 73. s. 75. the county of London or any county borough, 
 
 means any person who would be a parochial 
 elector of the parish if it were a rural parish. 
 
 The expression "election" includes both the nomi- 
 nation and the poll. 
 
 The expression " trustees " includes persons adminis- 
 tering or managing any charity or recreation 
 ground, or other property or thing in relation 
 to which the word is used. 
 
 The expression " ecclesiastical charity " includes a 
 charity, the endowment whereof is held for 
 some one or more of the following purposes : — 
 
 (a) for any spiritual purpose which is a legal pur- 
 
 pose ; or 
 
 (b) for the benefit of any spiritual person or eccle- 
 
 siastical officer as such ; or 
 
 (c) for use, if a building, as a church, chapel, mis- 
 
 sion room, or Sunday school, or otherwise by 
 any particular church or denomination ; or 
 
 (d) for the maintenance, repair, or improvement of 
 
 any such building as aforesaid, or for the 
 maintenance of divine service therein ; or 
 
 (e) otherwise for the benefit of any particular church 
 
 or denomination, or of any members thereof 
 as such. 
 Provided that where any endowment of a charity, other 
 than a building held for any of the purposes aforesaid, is 
 held in part only for some of the purposes aforesaid, the 
 charity, so far as that endowment is concerned, shall be 
 an ecclesiastical charity within the meaning of this Act ; 
 and the Charity Commissioners shall, on application by 
 any person interested, make such provision for the appor- 
 tionment and management of that endowment as seems 
 to them necessary or expedient for giving effect to this 
 Act. 
 
 The expression shall also include any building which 
 in the opinion of the Charity Commissioners has 
 been erected or provided within forty years 
 before the passing of this Act mainly by or at 
 the cost of members of any particular church or 
 denomination. 
 The expression " affairs of the church " shall include 
 the distribution of offertories or other collections 
 made in any church. 
 The expression " parochial charity " means a charity 
 the benefits of which are or the separate
 
 I V.1 Miscellaneous. 243 
 
 distribution of the benefits of which is confined 56 & 57 Vict, 
 to inhabitants of a single parish, or of a single c - 73 ' s - 75 ' 
 ancient ecclesiastical parish divided into two or 
 more parishes, or of not more than five neigh- 
 bouring parishes. 
 
 The expression " vestry " 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. 
 
 The expression "rateable value" means the rateable 
 value stated in the valuation list in force, or, if 
 there is no such list, in the last poor rate. 
 
 The expression " county " includes a county borough, 
 and the expression " county council " includes 
 the council of a county borough. 
 
 The expression " elementary school "means an elemen- 
 tary school within the meaning of the Elemeu- 33 & 34 Vict, 
 tary Education Act, 1870. c - 75 - 
 
 The expression " local and personal Act " includes a 
 Provisional Order confirmed by an Act and the 
 Act confirming the Order. 
 
 The expression "prescribed" means prescribed by order 
 of the Local G-overnment Board. 
 
 Note. " Parish." The definition in the Interpretation Act, 
 1889, * governing the meaning of the word " parish " for the 
 purposes of the present Act will be found, ante, p. 177. 
 
 Vestry. — The provision in sect. 7 (3) that, for the purposes 
 of that sub-section, the expression vestry " shall include any 
 meeting of ratepayers or voters " shows that a meeting of any 
 particular class of inhabitants of a parish held under the 
 provisions of a statute, and not being a vestry meeting in the 
 ordinary sense, is not a " vestry " within the meaning of that 
 expression as defined in the present section. 
 
 Elementary school. — The Elementary Education Act, 1870,- 
 provides that " the term ' elementary school ' means a school 
 or department of a school at which elementary education 
 is the principal part of the education there given, and does 
 not include any school or department of a school at which the 
 ordinary payments in respect of instruction, from each scholar, 
 exceed ninepence a week." 
 
 By the Education Code (1890) Act, 1890, 3 it is provided 
 that " it shall not be required as a condition of a parliamentary 
 grant to an evening school that elementary education shall be 
 the principal part of the education then given, and so much of 
 the definition of the term " elementary school " in sect. 3 of 
 
 (1) 52 & 53 Vict. c. 63, s. 5. (3) 53 & 54 Vict. c. 22, s. I. 
 
 (2) 33 & 34 Vict. c. 75, s. 3. 
 
 n 2
 
 244 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c 73. s - 75, n 
 
 "County." 
 
 " Entire 
 county." 
 
 " Division of 
 a county." 
 
 " Administra- 
 tive county." 
 
 "Metropolis." 
 
 " Borough." 
 
 Parish.' 
 
 "Parlia- 
 mentary 
 county," 
 
 &c. 
 
 the Elementary Education Act, 1870, as requires that elemen- 
 tary education shall be the principal part of the education given 
 in an elementary school shall not apply to evening schools." 
 Whether this enactment should be considered as modifying the 
 definition of elementary school for the purposes of the present 
 Act is not clear. 
 
 Local and personal Act. — This expression has been held to 
 include an enactment of a local and personal character con- 
 tained in a public general Act. 1 
 
 Definitions contained in the Local Government Act, 1888. — 
 The interpretation clause of this Act, 2 with the omission of a 
 few paragraphs which it seems unnecessary to quote for that 
 purposes of the present work, is as follows : 3 — 
 
 " In this Act, if not inconsistent with the context, the 
 following terms have the meanings hereinafter respectively as- 
 signed to them ; that is to say : 
 
 " The expression ' county ' does not include a county of a 
 
 city or county of a town : 
 " The expression ' entire county ' means, in the case of a 
 county divided into administrative counties, the whole 
 of the county formed by those administrative counties : 
 " The expression ' division of a county,' in the provisions of 
 this Act respecting the property of quarter sessions, 
 includes any hundred, lathe, wapentake, or other like 
 division : 
 " The expression ' administrative county,' means the area 
 for which a county council is elected in pursuance of 
 this Act, but does not (except where expressly men- 
 tioned) include a county borough : 
 " The expression ' metropolis ' means the city of London 
 and the parishes and places mentioned in Schedules A., 
 B., and C. to the Metropolis Management Act, 1855, as 
 amended by subsequent Acts : 
 " The expression ' borough ' means any place for the time 
 being subject to the Municipal Corporations Act, 1882, 
 and any reference to the mayor, aldermen, and bur- 
 gesses of the borough shall include a reference to the 
 
 mayor, aldermen, and citizens of a city : 
 
 * ****** 
 
 " The expression ' parish ' means a place for which a 
 separate overseer is or can be appointed, and where part 
 of a parish is situate within, and part of it without, any 
 county, borough, urban sanitary district, or other area, 
 means each such part : 
 
 " The expressions ' parliamentary county,' and ' parlia- 
 mentary election,' and ' parliamentary voters,' have the 
 
 (1) Reg. v. London County Coun- 
 cil (1893), L. R. [1893] 2 Q. B. 
 454 J 63 L. J. Q. B. 4 ; 69 L. T. 
 580; 42 W. R. 1. 
 
 (2) 51 & 52 Vict. c. 41, s. 100. 
 
 (3) Marginal notes have been in- 
 serted for convenience of reference ; 
 they are not identical with those in 
 the Queen's printers' copies of the 
 Act.
 
 IV.] Miscellaneous. 245 
 
 same meaning as in the Registration Act, 1885, and the 56 & 57 Vict. 
 
 Acts therein referred to : c - 73» s - 75. n - 
 
 ******* 
 
 "The expression 'existing' means existing at the time " Existing," 
 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 : 
 
 " The expression ' guardians ' means guardians elected under " Guardian-." 
 the Poor Law Amendment Act, 1834, and the Acts 
 amending the same, and includes guardians or other 
 bodies of persons performing under any local Act the 
 like functions to guardians under the Poor Law Amend- 
 ment Act, 1834: 
 
 '•'The expression 'poor law union' means any parish or " Poor law 
 union of parishes for which there is a separate .board of union - 
 guardians : 
 
 "The expressions 'district council' and 'county district '" District 
 mean respectively any district council established for council," 
 purposes of local government under an Act of any tr :g?'i? t5 
 future session of Parliament, and the district under the 
 management of such council, and until such council is 
 established, mean respectively — 
 
 " (a.) as regards the provisions of this Act relating 
 to highways and main roads, a highway 
 authority and highway area ; and 
 " (J?.) save as aforesaid, an urban or rural sanitary 
 authority within the meaning of the Public 
 Health Act, 1875, and the district of such 
 authority : 
 
 " The expression ' highway area,' means, as the case may " Highway 
 require, an urban sanitary district, a highway district, area# 
 or a highway parish not included within any highway or 
 urban sanitary district : 
 
 " The expression ' highway authority' means, as respects an "Highway 
 urban sanitary district, the urban sanitary authority, and authority." 
 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 : 
 
 " The expression ' urban authority ' means, until the estab- " Urban 
 lishment of district councils as aforesaid, an urban authority, 
 sanitary authority ; and, after their establishment, the 
 district council of an urban county district : 
 
 " The expression ' rural authority ' means, until the estab- " Rural 
 lishment of district councils as aforesaid, a rural authority.' 
 sanitary authority; and, after their establishment, the 
 district council of a rural county district : 
 
 "The expression 'person' includes any body of persons, " Person," 
 whether incorporate or unincorporate :
 
 246 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c 73. s. 75, n - 
 " Property." 
 
 "Powers." 
 " Duties." 
 "Liabilities." 
 
 " Powers, 
 duties, and 
 liabilities." 
 
 " Expenses." 
 " Costs." 
 
 The expression ' property ' 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 quarter sessions, clerk of the peace, 
 justices, 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 quarter 
 sessions, clerk of the peace, justices, board, sanitary 
 authority, or other authority ; and the expression 
 ' property ' shall further include, in the case of the 
 county of Chester, any surplus revenue of the River 
 Weaver Trust, which is or would but for this Act be 
 payable to the quarter sessions : 
 ' The expression ' powers ' includes rights, jurisdiction, 
 
 capacities, privileges, and immunities : 
 ' The expression ' duties ' includes responsibilities and obli- 
 gations : 
 ' The expression ' liabilities ' includes liability to any pro- 
 ceeding 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 : 
 f The expression ' powers, duties, and liabilities,' includes 
 all powers, duties, and liabilities conferred or imposed 
 by or arising under any local and personal Act : 
 : ' The expression ' expenses ' includes costs and charges : 
 ; ' The expression ' costs ' includes charges and expenses : 
 
 Pension. 
 
 Office. 
 
 " Divisions of 
 Lincolnshire." 
 
 The expression ' pension ' includes any superannuation 
 allowance, gratuity, or other payment made on the 
 retirement of any officer : 
 
 ; The expression ' office ' includes any place, situation, or 
 employment, and the expression ' officer ' shall be con- 
 strued accordingly : 
 
 ; The expression ' the divisions of Lincolnshire ' means the 
 parts of Holland, the parts of Kesteven, and the parts 
 of Lindsey : 
 
 Main road." "The expression 'main road' when used in relation to the 
 district of any highway or road authority, means so 
 much of the main road as is situate within the district 
 of such authority."
 
 IV.] Miscellaneous. 247 
 
 The portions of the clause x not set out above define the 56 & 57 Vict. 
 expressions " quarter sessions borough," " quarter sessions," c - 73> s - 75. n - 
 "Secretary of State," "Treasury," "Bank of England," 
 "assizes," "County and Borough Police Act, 1856," and 
 " County and Borough Police Acts," provide for the meaning 
 of expressions referring to the value of an area as ascertained 
 by the standard or basis for the county rate or contributions, 
 and of the expression " day of nomination " in relation to the 
 election of county councillors ; and contain provisions as to the 
 costs of assizes and of quarter and petty sessions. 
 
 The Interpretation Act, 1S89. — Reference is made elsewhere 
 in the present work to the provisions of this Act, 2 defining 
 the expressions "parish," 3 "parliamentary register of elec- 
 tions," 4 "local government register of elections," 4 and " Lands' 
 Clauses Acts " ; 5 and dealing with the effect of the repeal of an 
 enactment. 6 
 
 Among the remaining provisions of the Act the following 
 appear to call for quotation in the present work : 7 — 
 
 Sect. 1. — " (r.) In this Act and in every Act passed after Gender and 
 the year one thousand eight hundred and fifty, whether before number. 
 or after the commencement of this Act, unless the contrary 
 intention appears, — 
 
 " (a.) words importing the masculine gender shall include 
 females; and 
 
 " (b.) words in the singular shall include the plural, and words 
 in the plural shall include the singular. 
 
 " (2.) The same rules shall be observed in the construction of 
 every enactment relating to an offence punishable on indict- 
 ment or on summary conviction, when the enactment is 
 contained in an Act passed in or before the year one thousand 
 eight hundred and fifty." 
 
 Sect. 2. — " (1.) In the construction of every enactment Application 
 relating to an offence punishable on indictment or on sum- of penal Acts 
 mary conviction, whether contained in an Act passed before or t0 bodies 
 after the commencement of this Act, the expression ' person ' 1 
 shall, unless the contrary intention appears, include a body 
 corporate. 
 
 " (2.) Where under any Act, whether passed before or after 
 the commencement of this Act, any forfeiture or penalty is 
 payable to a party aggrieved, it shall be payable to a body 
 corporate in every case where that body is the party 
 aggrieved." 
 
 Sect. 3. " In every Act passed after the year one thousand 
 eight hundred and fifty, whether before or after the commence- 
 ment of this Act, the following expressions shall, unless the 
 
 (1) 51 & 52 Vict. c. 41, s. 100. post. 
 
 (2) 52 & 53 Vict. c. 63. (7) Marginal notes have been in- 
 
 (3) See ante, p. 177.. serted for convenience of reference; 
 
 (4) See ante, p. 3. they are not identical with those in 
 
 (5) See ante, p. 91, n. the Queen's printers' copies of the 
 
 (6) See the note to sect. 89, Act.
 
 248 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c 73, s - 75, " 
 "Month." 
 " Land." 
 
 " Oath." 
 "Affidavit." 
 
 Judicial 
 definitions in 
 past and 
 future Acts. 
 
 " Summary 
 Jurisdiction 
 Acts." 
 
 " Court of 
 
 summary 
 
 jurisdiction." 
 
 "Municipal 
 borough." 
 
 " Parlia- 
 mentary 
 borough." 
 
 contrary intention appears, have the meanings hereby re- 
 pectively assigned to them ; namely, — 
 
 " The expression ' month ' shall mean calendar month : 
 
 " The expression ' land ' shall include messuages, tenements, 
 and hereditaments, houses, and buildings of any tenure : 
 
 " The expressions ' oath ' and ' affidavit ' shall, in the case of 
 persons for the time being allowed by law to affirm or 
 declare instead of swearing, include affirmation and 
 declaration, and the expression ' swear ' shall, in the 
 like case, include affirm and declare." 
 
 Sect. 13. " In this Act and in every other Act whether passed 
 before or after the commencement of this Act, the following 
 expressions shall, unless the contrary intention appears, have 
 the meanings hereby respectively assigned to them, namely : — 
 
 " (7.) The expression ' the Summary Jurisdiction (England) 
 Acts ' and the expression ' the Summary Jurisdiction (English) 
 Acts ' shall respectively mean the Summary Jurisdiction Act, 
 1848 1 , and the Summary Jurisdiction Act, 1879, 2 and any Act, 
 past or future, amending those Acts or either of them. 
 
 "(10.) The expression 'the Summary Jurisdiction Acts' 
 when used in relation to England or Wales shall mean the 
 Summary Jurisdiction (England) Acts. 
 
 " (11.) The expression ' court of summary jurisdiction' shall 
 mean any justice or justices of the peace, or other magistrate, 
 by whatever name called, to whom jurisdiction is given by, or 
 who is authorised to act under, the Summary Jurisdiction Acts, 
 whether in England, Wales, or Ireland, and whether acting 
 under the Summary Jurisdiction Acts or any of them, or under 
 any other Act, or by virtue of his commission, or under the 
 common law." 
 
 Sect. 15. "In this Act and in every Act passed after the 
 commencement of this Act the following expressions shall, 
 unless the contrary intention appears, have the meanings 
 hereby respectively assigned to them, namely : — 
 
 " (1.) The expression ' municipal borough ' shall mean, 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 
 shall include 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 shall 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. 
 
 " (3.) The expression ' parliamentary borough ' shall mean 
 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. 
 
 (Jt) 11 & 12 Vict. c. 43. 
 
 (2) 42 & 43 Vict. c. 49.
 
 I V.J Miscellaneous. 249 
 
 " (4.) The expression ' borough ' when used in relation to S c > & 57 v 'ct. 
 local government shall mean a municipal borough as above c * 73» s - 75> n - 
 defined, and when used in relation to parliamentary elections " Borough." 
 or the registration of parliamentary electors shall mean a 
 parliamentary borough as above defined. 
 
 Sect. 19. "In this Act and in every Act passed after the "Person." 
 commencement of this Act the expression • person ' shall, 
 unless the contrary intention appears, include any body of 
 persons corporate or unincorporated' 
 
 Sect. 20. "In this Act and in every other Act whether "Writing." 
 passed before or after the commencement of this Act ex- 
 pressions referring to writing shall, unless the contrary intention 
 appears, be construed as including references to printing, 
 lithography, photography, and other modes of representing or 
 reproducing words in a visible form." 
 
 Sect. 26. "Where an Act passed after the commencement Service by 
 of this Act authorises or requires any document to be served post ' 
 by post, whether the expression ' serve,' or the expression 
 ' give ' or 'send/ or any other expression is used, then, unless 
 the contrary intention appears, the service shall be deemed to 
 be effected by properly addressing, prepaying, and posting a 
 letter containing the document, and unless the contrary is 
 proved to have been effected at the time at which the letter 
 would be delivered in the ordinary course of post." 
 
 Sect. 31. "Where any Act, whether passed before or after Construction 
 the commencement of this Act, confers power to make, grant, J!*^ 1 *? 1 * 
 or issue any instrument, that is to say, any Order in Council, 
 order, warrant, scheme, letters patent, rules, regulations, or 
 byelaws, expressions used in the instrument, if it is made after 
 the commencement of this Act, shall, unless the contrary 
 intention appears, have the same respective meanings as in the 
 Act conferring the power." 
 
 Sect. 32. — (1.) "Where an Act passed after the commence- Construction 
 ment of this Act confers a power or imposes a duty, then, °£ f^ercise 
 unless the contrary intention appears, the power may be exer- of powers 
 cised and the duty shall be performed from time to time as and duties, 
 occasion requires. 
 
 "(2.) Where an Act passed after the commencement of this 
 Act confers a power or imposes a duty on the holder of an 
 office, as such, then, unless the contrary intention appears, the 
 power may be exercised and the duty shall be performed by 
 the holder for the time being of the office. 
 
 " (3-) Where an Act passed after the commencement of this 
 Act confers a power to make any rules, regulations, or bye- 
 laws, the power shall, unless the contrary intention appears, 
 be construed as including a power, exercisable in the like 
 inanner and subject to the like consent and conditions, if any, 
 to rescind, revoke, amend, or vary the rules, regulations, or 
 byelaws." 
 
 Sect. 33. " Where an act or omission constitutes an offence Provisions as 
 under two or more Acts, or both under an Act and at common to offences
 
 250 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict 
 c 73, s. 75, n 
 under two or 
 more laws. 
 
 Measurement 
 of distances. 
 
 " Commence- 
 ment." 
 
 Exercise of 
 statutory 
 powers 
 between 
 passing and 
 commence- 
 ment of Act. 
 
 Extent of 
 Act. 
 
 Short title. 
 
 law, whether any such Act was passed before or after the 
 commencement of this Act, the offender shall, unless the 
 contrary intention appears, be liable to be prosecuted and 
 punished under either or any of those Acts or at common law, 
 but shall not be liable to be punished twice for the same 
 offence." 
 
 Sect. 34. " In the measurement of any distance for the pur- 
 poses of any Act passed after the commencement of this Act, 
 that distance shall, unless the contrary intention appears, be 
 measured in a straight line on a horizontal plane." 
 
 Sect. 36. — " (1.) In this Act, and in every Act passed either 
 before or after the commencement of this Act, the expression 
 ' commencement,' when used with reference to an Act, shall 
 mean the time at which the Act comes into operation. 
 
 " (2.) Where an Act passed after the commencement of this 
 Act, or any Order in Council, order, warrant, scheme, letters 
 patent, rules, regulations, or byelaws made, granted, or issued, 
 under a power conferred by any such Act, is expressed to come 
 into operation on a particular day, the same shall be construed 
 as coming into operation immediately on the expiration of the 
 previous day." 
 
 Sect. 37. "Where an Act passed after the commencement 
 of this Act is not to come into operation immediately on the 
 passing thereof, and confers power to make any appointment, 
 to make, grant, or issue any instrument, that is to say, any 
 Order in Council, order, warrant, scheme, letters patent, rules, 
 regulations, or byelaws, to give notices, to prescribe forms, or 
 to do any other thing for the purposes of the Act, that power 
 may, unless the contrary intention appears, be exercised at any 
 time after the passing of the Act, so far as may be necessary or 
 expedient for the purpose of bringing the Act into operation at 
 the date of the commencement thereof, subject to this re- 
 striction, that any instrument made under the power shall not, 
 unless the contrary intention appears in the Act, or the con- 
 trary is necessary for bringing the Act into operation, come 
 into operation until the Act comes into operation." 
 
 Sect. 76. — This Act shall not extend to Scotland or 
 Ireland. 
 
 Sect. 77. — This Act may be cited as the Local Govern- 
 ment Act, 1894.
 
 V.] Transitory Provisions. 251 
 
 56 & 57 Vict. 
 c 73, s. 78- 
 
 PAET V. 
 
 Transitory Provisions. 
 
 Sect. 78. — (1.) The overseers of each rural parish shall First elec- 
 convene the first parish meeting of the parish at the time tl0 ° s t0 
 fixed by or under this Act lor the first election of parish j^JlL 
 councillors, whether there is or is not a parish council lor 
 the parish, and for this purpose the overseers of a parish 
 shall be deemed to be the overseers of every part of the 
 parish. 
 
 (2.) The chairman of the parish meeting at which the 
 first parish councillors are nominated, or in his default 
 the clerk of the guardians, shall convene the first meeting 
 of the parish council. 
 
 (3.) The first parish councillors and the first chairman 
 of a parish meeting elected under this Act shall retire on 
 the second ordinary day of coming into office of councillors 
 which happens after their election. 
 
 Note. First parish meeting. — The date of the first parish 
 meeting will be the 8th November, 1894, or such later date in 
 1894, as the Local Government Board may fix : see sect. 84 (1). 
 The provision in sub-sect. (1) that, for the purpose of con- 
 vening the first parish meeting, the overseers of a parish 
 shall be deemed to be the overseers of every part of the parish, 
 will meet cases where a parish is subdivided by the Act. 
 
 Sect. 79.— (1.) The existing boards of guardians and First elec- 
 urban and rural sanitary authorities shall take the tloris ? f 
 necessary measures for the conduct of the first elections ° n( j district 
 of guardians and district councillors respectively under councils. 
 this Act, including any appointment of returning officers 
 required by rules under this Act. 
 
 (2.) Where a parish is divided by this Act into two 
 or more new parishes, then, subject to any order made by 
 the county council, there shall be one guardian, and if it 
 is in a rural district, one district councillor for each of 
 such new parishes. 
 
 (3.) Of the guardians and urban and rural district 
 councillors first elected under this Act, save as hereinafter
 
 252 The Local Government Act, 1894. [Part 
 
 56 & 57 Vict, mentioned, one third as nearly as may be shall continue 
 c " 73 ' s " 79 ' in office until the fifteenth day of April one thousand 
 eight hundred and ninety-six, and shall then retire ; and 
 one third as nearly as may be shall continue in office until 
 the fifteenth day of April one thousand eight hundred 
 and ninety-seven, and shall then retire; and the remainder 
 shall continue in office until the fifteenth day of April 
 one thousand eight hundred and ninety-eight, and shall 
 then retire. 
 
 (4.) The guardians and rural district councillors to retire 
 respectively on the fifteenth day of April one thousand 
 eight hundred and ninety-six, and on the fifteenth day of 
 April one thousand eight hundred and ninety-seven shall 
 be the guardians and rural district councillors for such 
 parishes, wards, or other areas, as may be determined by 
 the county council for the purpose of the rotation. 
 
 (5.) Where guardians or rural district councillors retire 
 together at the end of the triennial period, the guardians 
 and district councillors first elected under this Act shall 
 retire on the fifteenth day of April one thousand eight 
 hundred and ninety-eight. 
 
 1 6.) Of the first urban district councillors elected under 
 this Act, the third who are respectively to retire on the 
 fifteenth day of April one thousand eight hundred and 
 ninety-six and one thousand eight hundred and ninety- 
 seven shall be determined according to their place on the 
 poll at the election, those that were lowest on the poll 
 retiring first. If there was no poll, or if a question arises 
 in consequence of an equality of votes between two or 
 more councillors, the matter shall be determined by 
 ballot conducted under the direction of the council. 
 
 (7.) In the case of an urban district divided into wards, 
 the foregoing provisions with respect to retirement shall 
 apply separately to each ward. 
 
 (8.) Upon the day on which the first guardians and 
 urban or rural districts councillors elected under this Act 
 come into office, the persons who are then members of 
 boards of guardians, and urban and rural sanitary 
 authorities, shall cease to hold office, but until that day 
 the persons who are at the passing of this Act guardians 
 and members of urban sanitary authorities (for urban 
 districts not being boroughs) and of highway boards shall 
 continue in office notwithstanding any want of qualifica- 
 tion, as if the term of office for which they were elected 
 expired on that day, and, except for the purpose of filling 
 casual vacancies or electing additional guardians, no 
 further elections shall be held.
 
 V.] Transitory Provisions. 253 
 
 (9.) The first meeting of each district council elected 56 & 57 Vict, 
 under this Act shall be convened by the returning officer. c - 73. s - 79- 
 
 (10.) The foregoing provisions shall apply to the 
 existing members and first members elected under this 
 Act of the Local Board of Woolwich and of any vestry 
 under the Metropolis Management Acts, 1855 to 1890, 
 and any Act amending the same, and to the existing and 
 first auditors elected under those Acts in like manner as 
 if they were members of urban sanitary authorities or urban 
 district councillors, as the case may require, except that 
 the date of the annual election shall be substituted for the 
 fifteenth day of April. 
 
 (11.) The overseers of any parish divided by this Act 
 shall, until the first appointment of overseers next after 
 the appointed day, continue in office as if they were over- 
 seers of each part of the said parish, which by reason of 
 such division becomes a separate parish. 
 
 Note. Highway boards. — Sect. 84 provides that where an 
 order of the county council postpones the operation of 
 sect. 25 with respect to highways, as respects their county or 
 any part thereof, their order is to make such provision as may 
 be necessary for holding elections of highway boards during 
 the period of postponement. 
 
 Appointed day. — As to the appointed day, see sect. 84 (4). 
 
 Sect. 80. — (1.) If any difficulty arises with respect to Power of 
 the holding of the first parish meeting of a rural parish, or county 
 to the first election of parish or district councillors, or of counciI 
 guardians, or of members of the Local Board of Woolwich, ?■ ffi 6 " 1 ]?^ \ 
 or any vestry in the county of London, or of auditors in the 
 county of London, or to the first meeting of a parish or 
 district council, or board of guardians, or such local board 
 or vestry as aforesaid, or if, from no election being held or 
 an election being defective or otherwise, the first parish 
 or district council, or board of guardians, or local board 
 or vestry has not been properly constituted, or there are 
 no auditors under the Metropolis Management Acts, 1855 
 to 1890, or an insufficient number, properly elected, the 
 county council may by order make any appointment or 
 do any thing which appears to them necessary or 
 expedient for the proper holding of any such first 
 meeting or election and properly constituting the parish 
 or district council, board of guardians, local board, or 
 vestry, or auditors, and may, if it appears to them 
 necessary, direct the holding of a meeting or election, 
 and fix the dates for any such meeting or election,
 
 254 J h c -Local Government Act, 1894. [Part 
 
 56 & 57 Vict, but a parish shall, notwithstanding any such failure to 
 c. 73, s. 80. cons titute the parish council, be deemed to be a parish 
 having a parish council within the meaning of this Act. 
 Any such order may modify the provisions of this Act, 
 and the enactments applied by or rules framed under this 
 Act so far as may appear to the county council necessary 
 or expedient for carrying the order into effect. 
 
 (2.) The Local Government Board shall make regula- 
 tions for expediting and simplifying the procedure under 
 section fifty-seven of the Local Government Act, 1888, in 
 all cases in the year one thousand eight hundred and 
 ninety-four, for the purpose of bringing this Act into 
 immediate operation, and such regulations may dispense 
 with the final approval of an order by the county council 
 in cases where the prescribed notice of the proposed order 
 has been given before it is made by the county council. 
 
 Note. Proccdiire as to alterations of areas. — Regulations 
 made by the Local Government Board under sub-sect. (2) will 
 be found in the note to sect. 36, ante, pp. 1 71-175. 
 
 Existing Sect. 81. — (1.) Where the powers and duties of any 
 
 officers. authority other than justices are transferred by this Act 
 
 to any parish or district council, the officers of that 
 authority shall become the officers of that council, and for 
 the purpose of this section the body appointing a 
 surveyor of highways shall be deemed to be a highway 
 authority and any paid surveyor to be an officer of that 
 body. 
 
 (2.) Where there is in a rural parish an existing vestry 
 13 & 14 Vict, clerk appointed under the Vestries Act, 1850, he shall 
 c- 57. become the clerk of the parish council, and if there is also 
 
 an assistant overseer in the parish, then, notwithstanding 
 the foregoing provisions of this Act, that assistant over- 
 seer shall not, while such vestry clerk holds office, be the 
 clerk of the parish council. 
 
 (3.) Any existing assistant overseer in a parish for 
 which a parish council is elected shall, unless appointed 
 by a board of guardians, become an officer of the parish 
 council. 
 
 (4.) Every such officer, vestry clerk, and assistant 
 overseer, as above in this section mentioned shall hold 
 his office by the same tenure and upon the same terms 
 and conditions as heretofore, and while performing the 
 same duties shall receive not less salary or remuneration 
 than heretofore. 
 
 (5.) Where a parish or rural sanitary district is divided
 
 V.] Transitory Provisions. 255 
 
 by this Act, any officer for the parish or district so divided 56 & 57 Vict. 
 shall hold his office as such officer for each parish or district c - 73. s - 81. 
 formed by the division, and his salary shall be borne by 
 the respective parishes or districts in proportion to their 
 rateable value at the commencement of the local financial 
 year next after the passing of this Act. 
 
 (6.) So much of any enactment as authorises the 
 appointment of assistant overseers by a board of guardians 
 shall be repealed as from the appointed day. 
 
 (7.) Section one hundred and twenty of the Local 
 Government Act, 1888, which relates to compensation to 5^ & 52 vici. 
 existing officers, shall apply in the case of existing officers c . 41. 
 affected by this Act, whether officers above in this section 
 mentioned or not, as if references in that section to the 
 county council were references to the parish council, or 
 the district council, or board of guardians or other 
 authority whose officer the person affected is when the 
 claim for compensation arises as the case may require. 
 Provided that all expenses incurred by a district council 
 in pursuance of this section shall be paid as general 
 expenses of the council, and any expenses incurred by a 
 board of guardians in pursuance of this section shall be 
 paid out of their common fund, and any expenses incurred 
 by any other authority in pursuance of this section shall 
 be paid out of the fund applicable to payment of the 
 salary of the offices affected. 
 
 Note. Existing officers. — Definitions of the expressions 
 " existing " and " officer," contained in the Local Government 
 Act, 1888, 1 and rendered applicable to the interpretation of 
 the present Act by sect. 75 (1), are quoted in the note to that 
 section, ante, pp. 245 and 246. 
 
 Vestry clerk. — With regard to the office of vestry clerk, see 
 the note to sect. 17, ante, p. 142. 
 
 Assistant overseer. — As to assistant overseers, see the note to 
 sect. 5, ante, pp. 22—25. 
 
 Salary of officer in divided area. — The expression " rateable 
 value " means under sect. 75 (2) " the rateable value stated in 
 the valuation list in force, or, if there is no such list, in the last 
 poor rate." The local financial year next after the passing of 
 the Act commenced on April 1st, 1894. 2 
 
 Compensation for loss of office, 6° s - 8i, n. 
 date fixed by the council on granting the compensation, or, in 
 case of appeal, by the Treasury, and shall be a specialty debt 
 due to him from the county council, and may be enforced 
 accordingly in like manner as if the council had entered into a 
 bond to pay the same. 
 
 " (7.) If a person receiving compensation in pursuance of 
 this section is appointed to any office under the same or any 
 other county council, or by virtue of this Act, or anything 
 done in pursuance of or in consequence of this Act, receives 
 any increase of emoluments of the office held by him, he shall 
 not, while receiving the emoluments of that office, receive any 
 greater amount of his compensation, if any, than, with the 
 emoluments of the said office, is equal to the emoluments for 
 which compensation was granted to him, and if the emolu- 
 ments of the office he holds are equal to or greater than 
 the emoluments for which compensation was granted, his 
 compensation shall be suspended while he holds such 
 office. 
 
 " (8.) All expenses incurred by a county council in pur- 
 suance of this section shall be paid out of the county fund, as 
 a payment for general county purposes." 
 
 The compensation allowance in respect of abolition of office 
 in the Civil Service is, under the Superannuation Act, 1859, 1 
 " such special annual allowance as on a full consideration of 
 the circumstances of the case may seem," to the Treasury, " to 
 be a reasonable and just compensation for the loss of office " ; 
 but the allowance is in no case to exceed two-thirds of the 
 salary and emoluments of the office ; and, if it exceeds the 
 amount to which the officer would have been entitled under 
 the scale of superannuation prescribed by the Act if ten years 
 were added to the number of years of actual service, the allow- 
 ance is to be granted by special minute, stating the special 
 grounds for granting the allowance, which minute is to be laid 
 before Parliament. 
 
 The superannuation scale prescribed by the Act 2 allows ten- 
 sixtieths of the annual salary and emoluments of his office to a 
 person who has served ten years, with an addition of one- 
 sixtieth of such salary and emoluments for every additional 
 year of service from ten up to forty. By the Superannuation 
 Act, 1884, 3 it is further provided that where the regulations 
 respecting an office provide that a person appointed thereto 
 must have held a professional or other peculiar qualification 
 for a specified number of years, the number of years so 
 specified may be added to the actual length of service, for the 
 purpose of computing a superannuation allowance under the 
 Act of 1859. 
 
 (1) 22 Vict. c. 26, s. 7. (3) 47 & 48 Vict. c. 54. s. 3. 
 
 (2) lb. s. 2. 
 
 S
 
 258 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict 
 c. 73, s. 82. 
 
 Provision as 
 to high- 
 ways. 
 
 Duty to 
 county 
 council to 
 bring Act 
 into opera- 
 tion. 
 
 Appointed 
 day. 
 
 Sect. 82. — (1.) When before the appointed day the 
 highway expenses were charged on a particular parish or 
 other area and not on a district, the district council may 
 determine that the highways in that parish or area shall 
 be placed in proper repair before the expenses of repairing 
 the same become a charge upon the district, and, failing 
 such highways being placed in proper repair to the 
 satisfaction of the district council, the district council 
 may themselves place the highways in proper repair, 
 and the expense incurred by them of placing those 
 highways in proper repair shall be a separate charge on 
 the parish or area, and any question which arises as to 
 whether any such expenses are properly a separate charge 
 on the parish or area shall be determined by the county 
 council. 
 
 (2.) Where in pursuance of an order of a county council 
 a parish continues to maintain its own highways after 
 the appointed day, the highway expenses shall not be 
 deemed to be expenses of the parish council or of the 
 parish meeting within the meaning of this Act. 
 
 Sect. 83. — It shall^be the duty of every county council 
 to exercise all such of their powers as may be requisite 
 for bringing this Act into full operation within their 
 county as soon as may be after the passing thereof, and a 
 county council may delegate their powers under this Act 
 to a committee. 
 
 Sect. 84. — (1.) The first elections under this Act shall 
 be held on the eighth day of November next after the 
 passing of this Act, or such later date or dates in the year 
 one thousand eight hundred and ninety-four as the Local 
 Government Board may fix. 
 
 (2.) The persons elected shall 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 this 
 Act in relation to their election. 
 
 (3.) Every division into wards or alteration of the 
 boundaries of any parish or union or district which is to 
 affect the first election shall, if it affects the parishes or 
 parts for which the registers of parochial electors will be 
 made, be made so far as practicable before the first day 
 of July next after the passing of this Act, and any such 
 division or alteration which after the appointed day may 
 be made on application by the parish council or any 
 parochial electors of any parish, may be made before the 
 appointed day on application by the vestry or a like 
 number of the ratepayers of the parish.
 
 V.] Transitory Provisions. 259 
 
 Provided that— 56 & 57 vkt. 
 
 (a) If any county council having any such division or c - "* s - 4- 
 
 alteration under consideration so direct, the lists 
 of voters shall be framed in parts corresponding 
 with such division or alteration so that the parts 
 may serve either for the unaltered parish, union, 
 or district, or for the same when divided or 
 altered ; and 
 
 (b) If the county council making such division or 
 
 alteration on or after the said day and on or 
 before the last day of August one thousand eight 
 hundred and ninety-four so direct, the clerk 
 of the county council shall make such adjustment 
 of the registers of parochial electors as the 
 division or alteration may render necessary for 
 enabling every parochial elector to vote at the 
 first election in the ward, union, or district in 
 which his qualification is situate, and in that case 
 the said division or alteration shall be observed 
 in the case of that election. 
 (4.) Subject as in this Act mentioned, " the appointed 
 day " shall, 
 
 (a) for the purpose of elections and of parish meetings 
 
 in parishes not having a parish council, be the 
 day or respective days fixed for the first elections 
 under this Act, or such prior day as may be neces- 
 sary for the purpose of giving notices or doing 
 other acts preliminary to such elections ; and ^ 
 
 (b) for the purpose of the powers, duties, and liabilities 
 
 of councils or other bodies elected under this Act, 
 or other matters not specifically mentioned, be 
 the day on which the members of such councils 
 or other bodies first elected under this Act come 
 into office ; and 
 
 (c) for the purpose of powers, duties, and liabilities 
 
 transferred to a council of a borough by this Act, 
 
 be the first day of November next after the 
 
 passing of this Act ; 
 
 and the lists and registers of parochial electors shall be 
 
 made out in such parts as may be necessary for the 
 
 purpose of the first elections under this Act. 
 
 Provided that where an order of a county council 
 postpones the operation of the section with respect to 
 highways as respects their county or any part thereof the 
 day on which such postponement ceases shall, as respects 
 such county or part, be the appointed day, and the order 
 of postponement shall make such provision as may be 
 
 s 2
 
 260 
 
 The Local Government Act, 1894. 
 
 [Part 
 
 56 & 57 Vict, 
 c. 73, s. 84. 
 
 Current 
 rates, &c. 
 
 Saving for 
 existing 
 securities 
 and dis- 
 charge of 
 debts. 
 
 necessary for holding elections of highway boards during 
 the interval before the appointed day. 
 
 Sect. 85. — (1.) Every rate and precept for contri- 
 butions made before the appointed day may be assessed, 
 levied, and collected, and proceedings for the enforce- 
 ment thereof taken, in like manner as nearly as may be 
 as if this Act had not passed. 
 
 (2.) The accounts of all receipts and expenditure 
 before the appointed day shall be audited, and dis- 
 allowances, surcharges, and penalties recovered and 
 enforced, and other consequential proceedings had, in 
 like manner as nearly as may be as if this Act had not 
 passed, but as soon as practicable after the appointed 
 day; and every authority, committee, or officer whose 
 duty it is to make up any accounts, or to account for any 
 portion of the receipts or expenditure in any account, 
 shall, until the audit is completed, be deemed for the 
 purpose of such audit to continue in office, and be bound 
 to perform the same duties and render the same accounts 
 and be subject to the same liabilities as before the 
 appointed day. 
 
 (3.) All proceedings, legal and other, commenced 
 before the appointed day, may be carried on in like 
 manner, as nearly as may be, as if this Act had not 
 passed, and any such legal proceeding may be amended 
 in such manner as may appear necessary or proper in 
 order to bring it into conformity with the provisions of 
 this Act. 
 
 (4.) Every valuation list made for a parish divided by 
 this Act shall continue in force until a new valuation list 
 is made. 
 
 (5.) The change of name of an urban sanitary authority 
 shall not affect their identity as a corporate body or 
 derogate from their powers, and any enactment in any 
 Act, whether public general or local and personal, 
 referring to the members of such authority shall, unless 
 inconsistent with this Act, continue to refer to the 
 members of such authority under its new name. 
 
 Sect. 86. — (1.) Nothing in this Act shall prejudicially 
 affect any securities granted before the passing of this 
 Act on the credit of any rate or property transferred to a 
 council or parish meeting by this Act; and all such 
 securities, as well as all unsecured debts, liabilities, and 
 obligations incurred by any authority in the exercise of 
 any powers or in relation to any property transferred 
 from them to a council or parish meeting shall be dis- 
 charged, paid, and satisfied by that council or parish
 
 V.] Transitory Provisions. 261 
 
 meeting, and where for that purpose it is necessary to 56 & 57 Vict, 
 continue the levy of any rate or the exercise of any c - 73. s. 86. 
 power which would have existed but for this Act, that 
 rate may continue to be levied and that power to be 
 exercised either by the authority who otherwise would 
 have levied or exercised the same, or by the transferee as 
 the case may require. 
 
 (2.) It shall be the duty of every authority whose 
 powers, duties, and liabilities are transferred by this Act 
 to liquidate so far as practicable before the appointed 
 day, all current debts and liabilities incurred by such 
 authority. 
 
 Sect. 87. — All such byelaws, orders, and regulations Saying for 
 of any authority, whose powers and duties are transferred ^^° 
 by this Act to any council, as are in force at the time of 
 the transfer, shall, so far as they relate to or are in 
 pursuance of the powers and duties transferred, continue 
 in force as if made by that council, and may be revoked 
 or altered accordingly. 
 
 Sect. 88.— (1.) If at the time when any powers, duties, Saving for 
 liabilities debts, or property are by this Act transferred J^J^ &c 
 to a council or parish meeting, any action or proceeding, 
 or any cause of action or proceeding is pending or 
 existing by or against any authority in relation thereto 
 the same shall not be in anywise prejudicially affected 
 by the passing of this Act, but may be continued, prose- 
 cuted, and enforced by or against the council or parish 
 meeting as successors of the said authority in like 
 manner as if this Act had not been passed. 
 
 (2.) All contracts, deeds, bonds, agreements, and other 
 instruments subsisting at the time of the transfer in this 
 section mentioned, and affecting any of such powers, 
 duties, liabilities, debts, or property, shall be of as full 
 force and effect against or in favour of the council or 
 parish meeting, and may be enforced as fully and effec- 
 tually as if, instead of the authority, the council or 
 parish meeting had been a party thereto. 
 
 Sect. 89. — The Acts specified in the Second Schedule Repeal, 
 to this Act are hereby repealed as from the appointed 
 day to the extent in the third column of that schedule 
 mentioned, and so much of any Act, whether public 
 general or local and personal, as is inconsistent with this 
 Act is also hereby repealed. Provided that where any 
 wards of an urban district have been created, or any 
 number of members of an urban sanitary authority fixed, 
 by or in pursuance of any local and personal Act, such 
 wards and number of members shall continue and be
 
 262 The Local Government Act, 1894. [Part V. 
 
 56 & 57 Vict, alterable in like manner as if they had been fixed by an 
 c 73. s - 89- order of the county council under this or any other Act. 
 
 Note. Repeal. — With regard to the effect of the repeal of 
 an enactment the Interpretation Act, 1889, 1 contains the 
 following provisions : — 
 
 Sect. 11. — " (1.) Where an Act passed after the year one 
 thousand eight hundred and fifty, whether before or after the 
 commencement of this Act, repeals a repealing enactment, it 
 shall not be construed as reviving any enactment previously 
 repealed, unless words are added reviving that enactment." 
 
 "(2.) Where an Act passed after the year one thousand 
 eight hundred and fifty, whether before or after the commence- 
 ment of this Act, repeals wholly or partially any former enact- 
 ment and substitutes provisions for the enactment repealed, 
 the repealed enactment shall remain in force until the substi- 
 tuted provisions come into operation." 
 
 Sect. 38. — " (1.) Where this Act or any Act passed after 
 the commencement of this Act repeals, and re-enacts, with or 
 without modification, any provisions of a former Act, references 
 in any other Act to the provisions so repealed, shall, unless the 
 contrary intention appears, be construed as references to the 
 provisions so re-enacted. 
 
 " (2.) Where this Act or any Act passed after the com- 
 mencement of this Act repeals any other enactment, then, 
 unless the contrary intention appears, the repeal shall not — 
 " (a.) revive anything not in force or existing at the time at 
 
 which the repeal takes effect ; or 
 " (b.) affect the previous operation of any enactment so 
 repealed or anything duly done or suffered under 
 any enactment so repealed ; or 
 " (c.) affect any right, privilege, obligation, or liability 
 acquired, accrued, or incurred under any enactment 
 so repealed ; or 
 "(d.) affect any penalty, forfeiture or punishment incurred 
 in respect of any offence committed against any 
 enactment so repealed ; or 
 " (e.) affect any investigation, legal proceeding, or remedy 
 in respect of any such right, privilege, obligation, 
 liability, penalty, forfeiture, or punishment as afore- 
 said ; 
 and any such investigation, legal proceeding, or remedy may 
 be instituted, continued, or enforced, and any such penalty, 
 forfeiture, or punishment may be imposed, as if the repealing 
 Act had not been passed." 
 
 (1) 52 & 53 Vict, c 63.
 
 Schedules. 263 
 
 56 & 57 Vict. 
 
 c-73- 
 Sched. i. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. Sectioll 2 . 
 
 Rules as to Parish Meetings, Parish Councils, and 
 Committees. 
 
 PART I. 
 
 Rules applicable to Parish Meetings. 
 
 (1.) The annual assembly of the parish meeting shall be 
 held on the twenty-fifth day of March in each year, or 
 within seven days before or after that day. 
 
 (2.) Not less than seven clear days before any parish 
 meeting, public notice thereof shall be given specifying the 
 time and place of the intended meeting and the business to 
 be transacted at the meeting, and signed by the chairman of 
 the parish council or other conveners of the meeting. 
 
 Note. Notice of Parish Meeting. — As to the manner of giving notice of 
 a parish meeting see sect. 51, and the note to that section. By that section 
 the notice is to be posted at the church doors on a Sunday ; it must 
 therefore by virtue of the present rule be posted on the Sunday week 
 before the meeting at latest. 
 
 For instances where neglect to give the proper notices for a meet- 
 ing of a public body has been held to invalidate the acts of the body done 
 at the meeting, reference may be made to the cases cited below. 1 
 
 It would seem that the parish meeting might adjourn, and that no 
 notice of the adjourned meeting would be required ; provided no business 
 were transacted at the adjourned meeting, other than business of which 
 notice had been given for the original meeting. 2 
 
 (3.) If the business relates to the establishment or dis- 
 solution of a parish council, or the grouping of a parish, or 
 the adoption of any of the adoptive Acts, not less than 
 fourteen days' notice shall be given. 
 
 Note. Notice of Parish Meeting. — See the note to the preceding 
 rule. A notice under the present rule will have to be posted on the 
 Sunday fortnight before the meeting at latest. 
 
 (4.) A parish meeting may discuss parish affairs and pass 
 resolutions thereon. 
 
 (1) Dobson v. Fussey (1831), 7 (2) Scadding v. Lorant (1851) 
 
 Bing. 305; 5 Moo. & P. 112; 3 H. L. G. 418; 15 Jur. 955 ; Kerr 
 
 Siw/th v. Darley (1849), 2 H. L. C. v. Wilkie (I860), 6 Jur. (n.s.) 383 ; 
 
 789. 1 L. T. 501; 8. W. R. 286.
 
 264 The Local Government Act, 1894. [Sch. 
 
 6 & VJct (5.) Every question to be decided by a parish meeting 
 
 c ? 73. ° shall, in the first instance, be decided by the majority of 
 
 Sched. i. those present and voting on the question, and the chairman 
 
 shall announce his decision as to the result, and that decision 
 
 shall be final, unless a poll is demanded. 
 
 (6.) A poll may be demanded at any time before the con- 
 clusion of a parish meeting. 
 
 (7.) A poll may be demanded by any one parochial elector 
 in the case of a resolution respecting any of the following 
 matters, namely : — 
 
 (a.) Any application, representation, or complaint to a 
 
 county council or district council ; 
 (&.) The appointment of a chairman for the year or of a 
 committee, or the delegation of any powers or 
 duties to a committee, or the approval of the acts of 
 a committee ; 
 (c.) The appointment of an overseer, the appointment or 
 revocation of the appointment or dismissal of an 
 assistant overseer or a parish officer ; 
 (d.) The appointment of trustees or beneficiaries of a 
 
 charity ; 
 (e.) The adoption of any of the adoptive Acts ; 
 (/.) The formation or dissolution of a school board ; 
 (jjf.) The consent or refusal of consent to any act, matter, 
 or thing which cannot by law be done without that 
 consent ; 
 (h.) The incurring of any expense or liability ; 
 (i.) The place and time for the assembly of the parish 
 
 meeting ; 
 (k.) Any other prescribed matter ; 
 but, save as aforesaid, a poll shall not be taken unless either 
 the chairman of the meeting assents, or the poll is demanded 
 by parochial electors present at the meeting, not being less 
 than five in number or one third of those present, whichever 
 number is least. 
 
 (8.) In case of an equal division of votes at a parish 
 meeting the chairman shall have a second or casting vote. 
 
 (9.) Where a parish meeting is held for the election of 
 parish councillors, opportunity shall be given at the meeting 
 for putting questions to such of the candidates as are present, 
 and receiving explanations from them, and any candidate 
 shall be entitled to attend the meeting and speak thereat, 
 but, unless he is a parochial elector, not to vote. 
 
 (10.) If the chairman of the parish meeting is absent from 
 or unwilling or unable to take the chair at any assembly of 
 the parish meeting, the meeting may appoint a person to 
 take the chair, and that person shall have, for the purpose of 
 that meeting, the powers and authority of the chairman. 
 
 (11.) Any notice required to be given to or served on a 
 parish meeting may be given to or served on the chairman of 
 the parish meeting.
 
 I.] Schedules. 265 
 
 PART II. gjg, 
 
 Bules applicable to Parish Councils. 
 
 (1.) Every parish councillor shall, at the first meeting 
 after his election, or if the council at the first meeting so 
 permit, then at a later meeting fixed by the council, sign, in 
 the presence of some member of the council, a declaration 
 that he accepts the office, and if he does not sign such a 
 declaration his office shall be void. 
 
 (2.) If any casual vacancy arises in the council, the council 
 shall forthwith be convened for filling the vacancy. 
 
 (3.) The first business at the annual meeting shall be to 
 elect a chairman and to appoint the overseers. 
 
 (4.) The chairman may at any time convene a meeting of 
 the parish council. If the chairman refuses to convene a 
 meeting of the council after a requisition for that purpose 
 signed by two members of the council has been presented to 
 him, any two members of the council may forthwith, on that 
 refusal, convene a meeting. If the chairman (without so 
 refusing) does not within seven days after such presentation, 
 convene a meeting, any two members of the council may, on 
 the expiration of those seven days, convene a meeting. 
 
 (5.) Three clear days at least before any meeting of a 
 parish council notice thereof, specifying the time and place 
 of the intended meeting and the business to be transacted at 
 the meeting, and signed by or on behalf of the chairman of 
 the parish council or persons convening the meeting, shall be 
 given to every member of the parish council, and in case of 
 the annual meeting notice specifying the like particulars 
 shall be given to every member of the parish council 
 immediately after his election. 
 
 Note. Notice of Meeting of Parish Council. — By the next rule the 
 notice mentioned above, may be left at, or sent by post to, the usual place 
 of abode of a member of the parish council. As to the consequences 
 of neglect to give proper notices, and as to notices of meetings 
 by adjournment, see the note to rule 2 in the first part of the present 
 schedule. 
 
 (6.) Any notice required by law to be given to the 
 chairman or any other member of the parish council may be 
 left at or sent by post to the usual place of abode of such 
 chairman or member. 
 
 Note. Service of Notice by Post. — Under the Interpretation Act, 1889 * 
 a notice sent by post under this rule will be deemed to have been 
 duly given, if a letter containing the notice was properly addressed, 
 stamped and posted ; and the notice, unless the contrary is proved, will be 
 taken to have reached the member of the council to whom it was addressed 
 at the time the letter would be delivered in the ordinary course of post. 
 
 (7.) No business shall be transacted at any meeting of a 
 
 (3) 52 & 53 Vict. c. 63, s. 26, set out in the note to sect. 75, ante, p. 249. 
 
 56 & 57 Vict. 
 
 c 73-. 
 Sched. i. 
 Section 3.
 
 266 . The Local Government Act, 1894. [Sch. 
 
 56 & 57 Vict, parish council unless at least one third of the full number of 
 c - 73> members are present thereat, subject to this qualification, 
 c e ' *' that in no case shall the quorum be less than three. 
 
 (8.) The names of the members present at any meeting of 
 the parish council, as well as of those voting on each 
 question on which a division is taken, shall be recorded, so 
 as to show whether each vote given was for or against the 
 question. 
 
 (9.) Every question at a meeting of a parish council shall 
 be decided by a majority of votes of the members present and 
 voting on that question. 
 
 (10.) In case of an equal division of votes the chairman of 
 the meeting shall have a second or casting vote. 
 
 (11.) The parish council may, if they think fit, appoint 
 one of their number to be vice-chairman, and the vice- 
 chairman shall, in the absence or during the inability of the 
 chairman, have the powers and authority of the chairman. 
 
 (12.) The proceedings of a parish council shall not be 
 invalidated by any vacancy among their members, or by any 
 defect in the election or qualification of any members 
 thereof. 
 
 (13.) A parish council shall hold not less than four 
 meetings in each year, of which one shall be the annual 
 meeting and every such meeting shall be open to the public 
 unless the council otherwise direct. 
 
 (14.) Every cheque or other order for payment of money 
 by a parish council shall be signed by two members of the 
 council. 
 
 (15.) Any notice required to be given to or served on a 
 parish council may be given to or served on the clerk to the 
 parish council. 
 
 (16.) The parish council may appear before any court or 
 in any legal proceeding by their clerk or by any officer or 
 member authorised generally or in respect of any special 
 proceeding by resolution of the council, and their clerk or 
 any member or officer shall, if so authorised, be at liberty to 
 institute and carry on any proceeding which the parish 
 council are authorised to institute and carry on. 
 
 Sections 2, 3. PAET III. 
 
 General. 
 
 (1.) Minutes of the proceedings of every parish council 
 and parish meeting shall be kept in a book provided for that 
 purpose. 
 
 (2.) A minute of proceedings at a meeting of a parish 
 council, or of a committee of a parish or district council, or 
 at a parish meeting, signed at the same or the next ensuing 
 meeting by a person describing himself as or appearing to be
 
 I.] Schedules. 267 
 
 chairman of the meeting at which the minute is signed, shall 56 & 57 Vict, 
 be received in evidence without further proof. _ Sched i 
 
 (3.) Until the contrary is proved, every meeting in respect 
 of the proceedings whereof a minute has been so made shall 
 be deemed to have been duly convened and held, and all the 
 members of the meeting shall be deemed to have been duly 
 qualified ; and where the proceedings are proceedings of a 
 committee, the committee shall be deemed to have been duly 
 constituted, and to have had power to deal with the matters 
 referred to in the minutes. 
 
 (4.) Any instrument purporting to be executed under the 
 hands or under the hands and seals of the chairman and of 
 two other members of a parish council or of a parish meeting 
 shall, until the contrary is proved, be deemed to have been 
 duly so executed. 
 
 (5.) Subject to the provisions of this Act, a parish council 
 may make, vary, and revoke standing orders for the regula- 
 tion of their proceedings and business, and of the proceedings 
 and business at parish meetings for a rural parish having a 
 parish council. 
 
 (6.) Where there is no council for a rural parish, the 
 parish meeting may, subject to the provisions of this Act, 
 regulate their own proceedings and business. 
 
 PAET IV. Section 56. 
 
 Proceedings of Committees of Parish or District Councils. 
 
 (1.) The quorum, proceedings, and place of meeting of a 
 committee, whether within or without the parish or district, 
 and the area (if any) within which the committee are to 
 exercise their authority, shall be such as may be determined 
 by regulations of the council or councils appointing the 
 committee. 
 
 (2.) Subject to such regulations, the quorum, proceedings, 
 and place of meeting, whether within or without the parish 
 or district, shall be such as the committee direct, and the 
 chairman at any meeting of the committee shall have a 
 second or casting; vote.
 
 2 68 
 
 The Local Government Act, 1894. 
 
 [Sch. 
 
 56 & 57 Vict. 
 
 c 73- 
 Sched. ii. 
 
 SECOND SCHEDULE. 
 
 Enactments Repealed. 
 
 Session and Chapter. 
 
 54 Geo. 3, c. 91 
 
 58 Geo. 3, c. 69 
 
 59 Geo. 3, c. 85 
 
 1 & 2 Will. 4, c. 60 
 
 4 & 5 Will. 4, c. 76 
 
 Short Title. 
 
 An Act to amend 
 so much of an 
 Act passed in the 
 forty-third year 
 of Her late 
 Majesty Queen 
 Elizabeth, as 
 concerns the time 
 for appointing 
 overseers of the 
 poor. 
 
 The Vestries Act, 
 1818. 
 
 The Vestries Act, 
 1819. 
 
 The Vestries Act, 
 1831. 
 
 The Poor Law 
 Amendment Act, 
 1834. 
 
 Extent of Repeal. 
 
 The whole Act, so far as it 
 relates to rural parishes. 
 
 Sections one, two, three, and 
 four, so far as they relate to 
 parish meetings and parish 
 councils under this Act. 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act. 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act, except section 
 thirty-nine. 
 
 In section thirty-eight, the 
 words "and the said guar- 
 dians shall be elected by the 
 ratepayers and by such owners 
 of property in the parishes 
 forming such union as shall 
 in manner hereinafter men- 
 tioned require to have their 
 names entered as entitled to 
 vote as owners in the books of 
 such parishes respectively " ; 
 and from "and also fix a 
 qualification " to " for the en- 
 suing year shall be chosen " ; 
 and from " and every justice 
 of the peace" to "as such 
 elected guardians " ; and from 
 "Provided also" to the end 
 of the section.
 
 II.] 
 
 Schedules. 
 
 269 
 
 Session and Chapter. 
 
 Short Title. 
 
 4 & 5 Will 4, c. 76 
 (continued). 
 
 5 & 6 Will. 4, c. 50 
 
 7 Will. 4, and 1 Vict. 
 c. 45. 
 
 5 & 6 Vict. c. 57 
 
 7 & 8 Vict. c. 101 . 
 
 13 & 14 Vict. c. 57 
 
 14 & 15 Vict. c. 105 
 
 16 & 17 Vict. c. 65 
 
 18 & 19 Vict. c. 120 
 
 The Poor Law 
 Amendment Act, 
 1834 
 (continued). 
 
 The Highway Act, 
 1835. 
 
 The Parish Notices 
 Act, 1837. 
 
 The Poor Law 
 Amendment Act, 
 1842. 
 
 The Poor Law 
 Amendment Act, 
 1844. 
 
 The Vestries Act, 
 1850. 
 
 The Poor Law 
 Amendment Act, 
 1851. 
 
 The Vestries Act, 
 1853. 
 
 The Metropolis 
 Management Act, 
 1855. 
 
 Extent of Repeal. 
 
 56 & 57 Vict. 
 
 c 73-.. 
 Sched. ii. 
 
 Section thirty-nine, from " and 
 every justice" to the end of 
 the section. 
 
 In section forty, the words " In 
 all cases of the election of 
 guardians under this Act or." 
 
 Section forty-one. 
 
 Section forty-eight from " Pro- 
 vided always " to the end of 
 the section, so far as the 
 words repealed relate to the 
 office of parish or district 
 councillor or guardian. 
 
 In section forty-eight, the 
 words "with the consent in 
 writing of the justices of the 
 peace at a special sessions 
 for the highways" and the 
 words " at and for such price 
 as the said justices may deem 
 fair and reasonable." 
 
 Section three, so far as it re- 
 lates to notices by parish 
 councils and notices of parish 
 meetings under this Act. 
 
 Section eight, section eleven, 
 from " and in every case," to 
 the end of the section, and 
 section fifteen. 
 
 Sections seventeen, twenty, and 
 twenty-four, and section sixty- 
 one from " and wherever any 
 such collector " to " provisions 
 of this Act." 
 
 Sections six, seven, eight, and 
 nine, so far as they relate to 
 parish meetings under this 
 Act. 
 
 Section two and section three. 
 
 The whole Act, so far as it 
 relates to parish meetings 
 under this Act. 
 
 Section six. 
 
 Sections thirteen to twenty- 
 seven. 
 
 In section thirty the words " or 
 custom." 
 
 Section fifty-four. 
 
 In section two hundred and 
 thirty-five the words "under 
 this Act," where they secondly 
 occur.
 
 270 
 
 The Local Government Act, 1894. 
 
 [Sch. 
 
 56 & 57 Vict. 
 
 c 73-.. 
 
 Sched. ii. 
 
 Session and Chapter. 
 
 19 & 20 Vict. c. 112 
 
 23 & 24 Vict. c. 30 
 25 & 26 Vict. c. 102 
 
 25 & 26 Vict. c. 103 
 
 30 & 31 Vict. c. 6 . 
 
 30 & 31 Vict. c. 106 
 
 31 & 32 Vict. c. 122 
 38 & 39 Vict. c. 55 
 
 The Metropolis 
 Management 
 Amendment Act, 
 1856. 
 
 The Public Im- 
 provements Act, 
 1860. 
 
 The Metropolis 
 Management 
 Amendment Act, 
 1S62. 
 
 The Union Assess- 
 ment Act, 1862. 
 
 The Metropolitan 
 Poor Act, 1867. 
 
 The Poor Law 
 Amendment Act, 
 1867. 
 
 The Poor Law 
 Amendment Act, 
 1868. 
 
 The Public Health 
 Act, 1875. 
 
 Extent of Repeal. 
 
 Sections six, seven, and eight. 
 
 In section four the words "in 
 value." 
 
 Section thirty-six ; and section 
 forty from "by rating" to 
 " of such parish." 
 
 In section two, the words " con- 
 sisting partly of ex officio and 
 partly of elected guardians," 
 and from " Provided always " 
 to the end of the section. 
 
 In section five, the words " ex 
 officio or elected," in both 
 places where they occur, and 
 the words, " as the case may 
 be." 
 
 Section seventy-nine. 
 
 Sections four, five, six, and 
 nine, section ten so far as it 
 relates to elections of guar- 
 dians, and section twelve. 
 
 Section four, from "and the 
 powers" to the end of the 
 section. 
 
 Section eight from "and the 
 number" to the end of the 
 section. In section nine, from 
 " Provided that (1) An ex 
 officio guardian " to " situated 
 in an urban district" (being 
 the provisoes) ; and the words 
 " from owners or occupiers of 
 property situated in the rural 
 district of a value sufficient 
 to qualify them as elective 
 guardians for a union," and 
 from " Subject to the pro- 
 visions of this Act" to the 
 end of the section. 
 
 Section two hundred, except so 
 far as it applies to boroughs ; 
 sections two hundred and one 
 and two hundred and four, 
 section two hundred and 
 forty-eight, except so far as 
 it relates to overseers, and 
 section three hundred and 
 twelve. 
 
 So much of Schedule I. as 
 relates to committees, and 
 Schedule II.
 
 II.] 
 
 Schedules. 
 
 271 
 
 Session and Chapter. 
 
 39 & 40 Vict. c. 61 
 
 39 & 40 Vict. c. 79 
 
 Short Title. 
 
 47 & 48 Vict. c. 70 
 
 48 & 49 Vict. c. 53 
 
 55 & 56 Vict. c. 53 
 
 Extent of Repeal. 
 
 The Divided Pa- 
 rishes and Poor 
 Law A mendment 
 Act, 1S76. 
 
 The Elementary 
 Education Act, 
 1876. 
 
 The Municipal 
 Elections (Cor- 
 rupt and Illegal 
 Practices) Act, 
 1884. 
 
 The Public Health 
 (Members and 
 Officers) Act, 
 1885. 
 
 The Public Li- 
 braries Act, 1892. 
 
 56 & 57 Vict. 
 
 c- 73- 
 Sched. ii. 
 
 Section six, from " The meeting 
 of inhabitants" to the end of 
 the section, so far as it relates 
 to rural parishes. Section 
 eight to " no alteration," ex- 
 cept as to cases "where a parish 
 is dealt with by order of the 
 Local Government Board. 
 
 In section seven the words " so 
 however that in the case of 
 a committee appointed by 
 guardians one third at least 
 shall consist of ex officio 
 guardians, if there are any 
 and sufficient ex officio guar- 
 dians." 
 
 Section thirty-six from "(7t.) The 
 Local Government Board" to 
 " validity of any vote." 
 
 Sections three and four. 
 
 Sub-section three of section 
 
 one. 
 The First Schedule so far as it 
 
 applies to rural parishes.
 
 ( 273 ) 
 
 35 & 36 Vict. 
 c. 33. 
 
 APPENDIX I. 
 
 CONTAINING 
 
 Statutes relating to Parish and District Councils arranged clironologicalhj. 
 
 THE BALLOT ACT, 1872. 
 
 35 & 36 Vict., c. 33. 
 
 An Act to amend the law relating to procedure at parliamentary and 
 municipal elections. [18th July, 1872. 
 
 Note. Application of the Act under the Local Government Act, 1894. — 
 Under sect. 48 (3) of the Local Government Act, 1894, 1 the present Act 
 will, subject to the provisions of that Act, and subject to adaptations, 
 alterations and exceptions made by rules framed by the Local Government 
 Board, apply to every election regulated by rules framed under that Act, " in 
 like manner as in the case of a municipal election." 
 
 It will therefore apply to elections of parish councillors, 2 guardians, 3 
 district councillors of a county district other than a borough, 4 members of the 
 local board of Woolwich, members of metropolitan vestries under the Metro- 
 polis Management Acts, and auditors elected under those Acts. 5 
 
 It will also apply in a similar manner to every poll consequent on a parish 
 meeting. 6 
 
 The expression " municipal election " is not defined for the purposes of 
 the Local Government Act, 1894. It appears however clear that it is 
 intended to mean the election of a borough councillor. In the present Act 
 the expression means an election of a borough councillor or of an elective 
 auditor. 7 
 
 Pending the issue of the rules that are to be framed under the Local Govern- 
 ment AcCl894, it is futile to speculate upon the precise manner in which the 
 present Act will apply under sect. 48 of that Act. The Act has accordingly 
 been annotated with reference, almost exclusively, to the election of borough 
 councillors. 
 
 Application of the Act to Municipal Elections. — Portions of the present Act 
 apply directly to municipal elections. 7 Other portions apply directly to 
 parliamentary elections only ; but so much of the latter portions of the Act 
 as relates to the poll at a parliamentary election (including the provisions 
 relating to the duties of the returning officer after the close of the poll) is 
 rendered applicable to the election of borough councillors by the Municipal 
 Corporations Act, 1882, subject to the modifications contained in that Act, 
 and to the modifications contained in Rule 64 in the first schedule to the 
 present Act. 8 
 
 (1) 56 & 57 Vict. c. 73, s. 48 (3). (8) See the Municipal Corporations 
 
 (2) lb. s. 3 (6). Act, 1882 (45 & 46 Vict. c. 50) s. 58, 
 
 (3) lb. s. 20 (5), and see s. 30 and third schedule, Part III., post. 
 
 (4) lb. ss. 23 (5), 24 (4). The Act of 1882 contains no express 
 
 (5) lb. s. 31 (1). reference to the modifications of the 
 
 (6) /flu s. 48 (8). present Act for the purposes of munici- 
 
 (7) See s. 29, and the note to that pal elections contained in the schedules, 
 section. The operation of such modifications 
 
 T
 
 274 Appendix I. 
 
 & 30 Vtct. Omitted portions of the Act. — The only unrepealed portions of the Act 
 c. 33. omitted from the present work, are: — the third schedule, the effect of which 
 
 sufficiently appears in the note to sect. 24 ; the fourth schedule, which con- 
 tains a list of repealed enactments ; and portions of the Act clearly not 
 applicable to municipal elections in England, or to elections under the Local 
 Government Act, 1894. 
 
 Sects. 20, 21, and 30, and portions of sect. 24, and of the second schedule, 
 which originally applied to municipal elections in England have been repealed 
 either wholly or as regards England. 1 
 
 PAET I. 
 
 Parliamentary Elections. 
 Procedure at Elections. 
 
 Poll at elections. Sect. 2. In the case of a poll at an election the votes shall be given by 
 ballot. The ballot of each voter shall consist of a paper (in this Act 
 called a ballot paper) showing the names and description of the candi- 
 dates. Each ballot paper shall have a number printed on the back, and 
 shall have attached a counterfoil with the same number printed on the 
 face. At the time of voting, the ballot paper shall be marked on both 
 sides with an official mark, and delivered to the voter within the polling 
 station, and the number of such voter on the register of voters shall be 
 marked on the counterfoil, and the voter having secretly marked his 
 vote on the paper, and folded it up so as to conceal his vote, shall place 
 it in a closed box in the presence of the officer presiding at the polling 
 station (in this Act called " the presiding officer ") after having shown to 
 him the official mark at the back. 
 
 Any ballot paper which has not on its back the official mark, or on 
 which votes are given to more candidates than the voter is entitled to 
 vote for, or on which anything, except the said number on the back, is 
 written or marked by which the voter can be identified, shall be void and 
 not counted. 
 
 After the close of the poll the ballot boxes shall be sealed up, so as to 
 prevent the introduction of additional ballot papers, and shall be taken 
 charge of by the returning officer, and that officer shall, in the presence 
 of such agents, if any, of the candidates as may be in attendance, open 
 the ballot boxes, and ascertain the result of the poll by counting the 
 votes given to each candidate, and shall forthwith declare to be elected 
 the candidates or candidate to whom the majority of votes have been 
 given, and return their names to the Clerk of the Crown in Chancery. 
 The decision of the returning officer as to any question arising in respect 
 of any ballot paper shall be final, subject to reversal on petition 
 questioning the election or return. 
 
 ****** 
 
 Note. Conduct of Poll. — The present section prescribes in general terms 
 the method in which the voting at a contested election is to be conducted. 
 Kules and forms providing with considerable detail for carrying out the 
 provisions of the section are contained in the schedules to the Act. 
 
 Marking of Ballot Paper. — A ballot paper "must be marked so as to show 
 that the voter intended to vote for some one, and so as to show for which of 
 
 is however apparently preserved 1882, and replaced by the provisions 
 
 by sect. 242 of the first-mentioned of that Act above mentioned. 
 
 Act. Sect. 20 of the present Act, (1) 38 & 39 Vict. c. 40, s. 12 ; 45 & 
 
 which formerly regulated the appli- 46 Vict. c. 50, ss. 5, 260 ; 46 & 47 
 
 cation of the Act to the conduct of Vict. c. 51, s. 66; Statute Law Re- 
 
 the poll in the case of a municipal vision (Xo. 2) Act, 1893. 
 
 election, was repealed by the Act of
 
 The Ballot Act, 1872. 275 
 
 the candidates he intended to vote. It must not I>e marked sc as to show 35 & 36 Vict. 
 
 that he intended to vote for more candidates than he is entitled to vote for, c. 33. 
 
 nor so as to leave it uncertain whether he intended to vote at all or for which 
 
 candidate he intended to vote, nor so as to make it possible, by seeing the 
 
 paper itself, or by reference to other available facts, to identify the way in 
 
 which he has voted. If these requirements are substantially fulfilled, then 
 
 there is no enactment and no rule of law by which a ballot paper can be 
 
 treated as void, though the other directions in the statute are not strictly 
 
 obeyed. If these requirements are not substantially fulfilled, the ballot paper 
 
 is void, and should not be counted ; and, if it is counted, it should be struck 
 
 out on a scrutiny. The decision in each case is upon a point of fact, to be 
 
 decided first by the returning officer, and afterwards by the election tribunal, 
 
 on petition." 1 
 
 In the case from the judgment in which the above quotation is taken, 
 certain ballot papers had the name of the candidate or of the voter written 
 opposite the name of the former, and one paper was marked with a cross and 
 the letters " cu." These were held bad as enabling the voter to be identified. 
 Other papers were marked respectively with two or three crosses, with a 
 single stroke, with a cross and a mark like a P, a star, a cross marked 
 tremulously, and with a cross placed on the left-hand side of the ballot 
 paper; one paper had a cross opposite one candidate's name, and the name of 
 the other candidate struck through in pencil; another paper was properly 
 marked, but torn longitudinally through the centre. These papers were, in 
 the absence of any evidence of connivance or arrangement, held to be good. 
 
 In the same case it appeared that the presiding officer at one station, before 
 delivering the ballot papers to the voters, marked each paper with the 
 number on the register of the voter to whom it was given. These ballot 
 papers were held bad, as any person present a; the counting could have 
 identified the several voters. 
 
 In the same case certain illiterate voters presented themselves to vote, and 
 the presiding officer marked ballot papers by their direction ; but, instead of 
 proceeding strictly in accordance with the rule of the first schedule dealing 
 with the case, 2 he wrapped each of these ballot papers in the voter's declara- 
 tion of inability to read, and then placed it in the ballot box. These votes 
 could have been, but were not, identified by the returning officer. It was 
 held that the votes were good. 
 
 In another case 3 it was held that a ballot paper was good which was 
 marked with the official mark on the back only. 
 
 In a case relating to a school board election held under the present Act as 
 applied by the Elementary Education Act, 1873, 4 a ballot paper was held 
 good in which the voter had indicated the number of votes he intended to 
 give a candidate by marking his ballot paper with several crosses instead of 
 with a number. 5 
 
 The following decisions with regard to the marking of ballot papers have 
 been given at the trial of election petitions:— 
 
 In the Berwick Case" a very faintly marked ballot paper was counted, 
 Hawkins, J., saying, " A mark made with ink or with a piece of burnt stick is 
 just as good as a mark made with pencil, and I cannot see any reason why a 
 mark made in any other way is not just as good": a paper marked with a cross 
 was counted for the candidate opposite whose name the intersection of the 
 cross was, though the lines constituting the cross extended far into the space 
 opposite the other candidate's name ; but a paper marked on the back only 
 was rejected. 
 
 (1) Woodward v. Sarsons (Bir- L. J. Q. B. 27.?. 
 
 mingham Municipal Petition) (1875) (4) 36 & 37 Vict. c. 86, second 
 
 L. R. 10 C. P. 733, at p. 748; S. C. schedule, rule 1. 
 
 44 L. J. C. P. 293 ; 32 L. T. 867. (5) Phillips v. Goff (188G), 17 
 
 (2) Rule 26. Q. B. D. 805 ; 55 L. J. Q. B. 512 ; 
 
 (3) Ackers v. Howard (Thomhvry 35 W. R. 197; 50 J. P. 614. 
 Petition) (1886), 16 Q. B. D. 739 ; 54 (6) Berwick-upon- Tweed Petition 
 L. T. 651; 34 W. It. 609; 50 J. P. {McLaren v. Home) (1380), 3 O'M. 
 519; S.G. nom. Ahers v. Howard, 55 & H. 178. 
 
 T 2
 
 276 Appendix T. 
 
 15 >S; 36 Vict. In the Stepney Case 1 a paper marked with a cross at the top of the paper 
 c. 33. opposite the words "Ballot Paper," and a paper marked with a circle 2 
 
 instead of a cross, were rejected : but the Court were divided as to the 
 validity of a paper upon the back of which were a cross and the name " John 
 Mitchett," which was not the name of either candidate or of any voter on the 
 register. 
 
 In the Buckrose case 3 a paper with a cross not opposite either candidate's 
 name, but in the right-hand top corner of the paper, a paper marked on the 
 back only, a paper marked with a cross opposite one candidate's name and a 
 line opposite the other candidate's name and having the corner torn off, a 
 paper marked with a cross to the left of one candidate's name and with a line 
 to the right of the other candidate's name, and a paper marked with a cross 
 immediately upon one candidate's name, were rejected ; but a paper with 
 the figures "33" on the back, a paper properly marked on the face opposite 
 one candidate's name but having a cross on the back opposite the other 
 candidate's name, and a paper marked with a circle 4 instead of a cross, were 
 counted. 
 
 In the Cirencester Case 5 ballot papers were counted that were marked with 
 the official mark on the face only, but in such a way that the ink forced its 
 way through the paper and made a mark on the back sufficient to indicate 
 that it had been caused by the application of the stamp to the front. 
 
 Returning Officer. — The rules to be framed under the Local Government 
 Act, 1894, are to provide for the appointment of returning officers for elections 
 under that Act. 6 At an election of borough councillors, the mayor, in the 
 case of an election for the whole borough, or an alderman assigned for the 
 purpose by the council, in the case of a ward election, acts as returning 
 officer. 7 
 
 Duty of presiding officer. — It is the duty of the presiding officer to deliver 
 to the voters voting papers bearing the official mark, to be present during the 
 election so that the voters can show him the marks on the backs of the 
 papers, 8 and to ascertain, before a voter deposits his paper in the box, that 
 the official mark is on the paper. 9 These duties he may however delegate 
 to properly appointed clerks under Rule 50 in the first schedule, and in that 
 case he ceases to be responsible for their proper performance. 10 
 
 Candidates' agents. — As to these agents, see sect. 58 (6) of the Municipal 
 Corporations Act, 1882, 11 and the note to that section, post. 
 
 Declaration of result. — The returning officer's duty is simply to declare the 
 result of the election in accordance with the number of votes given to the 
 several candidates. He has no jurisdiction to declare a candidate in a minority 
 elected, on the ground that the candidate with the majority of votes is dis- 
 qualified for the office. 12 
 
 No return to the Clerk of the Crown in Chancery is made in the case of a 
 municipal election. 13 
 
 Omitted portion of the section. — The omitted portion of the section gives the 
 returning officer, a casting vote in certain cases ; it is inapplicable in the case 
 of municipal elections. 14 
 
 (1) Stepney Petition (Isaacson v. ing, 29 L. T. 210. 
 
 Durant) (1886), 4 O'M. & H. 34; (9) Ackers v. Howard (Thornbury 
 
 54 L. T. 684. Petition, ante, p. 275). In Pickering v. 
 
 (2) See the Cirencester Case, infra. James, ubi sup., the judges were 
 
 (3) Buckrose Petition (Sykes v. equally divided on this question. 
 McArthur) (1886), 4 O'M. &H. 110. (10) Pickering v. James, ubi sup. 
 
 (4) See the Stepney Case, supra. (11) 45 & 46 Vict. c. 50, s. 58 (6). 
 
 (5) Cirencester Petition (Lawson v. (12) Pritchard v. Bangor (Mayor, 
 Chester-Master) (1893), 4 O'M. & H. #c.) (1888), 13 App. Cas. 241; 57 
 194. L. J. Q. B. 313; 58 L. T. 502; 37 
 
 (6) 56 & 57 Vict. c. 73, s. 48 (2). W. R. 103 ; 52 J. P. 564. 
 
 (7) Municipal Corporations Act, (13) Municipal Corporations Act, 
 1882, (45 & 46 Vict. c. 50) s. 53. 1882 (45 & 46 Vict. c. 50), third 
 
 (8) Pickering v. James (1873) L. R. schedule, Part III. § 6. 
 8 C. P. 489 ; 42 L. J. C. P. 217 ; 21 (14) P>. § 1. 
 
 \V. R. 786 ; S. C. nom. Jones v. Picker-
 
 The Ballot Act, 1872. 277 
 
 Ojjences at Elections. c 33 
 
 Sect. 3. Every person who, — Offences in 
 
 (1.) Forges or fraudulently defaces or fraudulently destroys any nomi- respect of nomi- 
 nation paper, or delivers to the returning officer auy nomination I^i'w'.F^J 8 ' 
 
 1 • ,, , 1 c , ' naiLin papers, 
 
 paper, knowing the same to be rorgea; or and ballot boxes. 
 
 (2.) Forges or counterfeits or fraudulently defaces or fraudulently 
 destroys any ballot paper, or the official mark on any ballot 
 paper j or 
 •(3.) Without due authority supplies any ballot paper to any 
 
 person ; or 
 (4.) Fraudulently puts into any ballot box any paper other than the 
 
 ballot paper which lie is authorised by law to put in ; or 
 (5.) Fraudulently takes out of the polling station any ballot paper; or 
 (6.) Without due authority destroys, takes, opens, or otherwise inter- 
 feres with any ballot box or packet of ballot papers then in use 
 for the purposes of the election ; 
 shall be guilty of a misdemeanor, and be liable, if he is a returning officer 
 or an officer or clerk in attendance at a polling station, to imprisonment 
 for any term not exceeding two years, with or without hard labour, and 
 if he is any other person, to imprisonment for any term not exceeding six 
 months, with or without hard labour. 
 
 Any attempt to commit any offence specified in this section shall be 
 punishable in the manner in which the offence itself is punishable. 
 
 In any indictment or other prosecution for an oftYnee in relation to the 
 nomination papers, ballot boxes, ballot papers, and marking instruments 
 at an election, the property in such papers, boxes, and instruments may 
 be stated to be in the returning officer at such election, as well as the 
 property in the counterfoils. 
 
 Note. Offences as to Nomination Papers. — The provisions of the present 
 section as to nomination papers do not apply to municipal elections. 1 
 
 Offences as to Ballot Papers. — A prosecution having been instituted against 
 a deputy returning officer at a municipal election for fraudulently placing 
 papers, purporting to be, but to his knowledge not being, ballot papers, in the 
 ballot box, a county court judge made an order under Fade 64 in the first 
 schedule to the present Act, directing the town clerk of the borough to 
 produce and show r , for the purpose of the prosecution, rejected ballot papers, 
 counterfoils, counted ballot papers, spoilt ballot papers, and the marked copy 
 of the register, to open the sealed packets containing such of these documents 
 as had been sealed up, and to take all such proper steps as he should deem 
 necessary in order that the mode in which any particular elector had voted 
 should not be discovered; and the county court judge further ordered that 
 no person should be allowed to see the faces of the counted ballot papers. At 
 the trial, Blackburn, J., allowed the counterfoils and marked register to be 
 given in evidence, and the faces of certain ballot papers, which had previouslv 
 been proved to be invalid, to be inspected so as to show how the votes on 
 such papers appeared to have been given. It was held that such evidence 
 was admissible, in spite of Rules 40 and 41 in the first schedule to the present 
 Act, and in spite of the fact that the order of the county court judge as 
 regards inspecting the faces of the ballot papers was partially disregarded. 2 
 
 Sect. 4. Every officer, clerk, and agent in attendance at a polling Infiingenient of 
 station shall maintain and aid in maintaining the secrecy of the voting in secrecy, 
 such station, and shall not communicate, except for some purpose 
 authorised by law, before the poll is closed, to any person any information 
 as to the name or number on the register of voters of any elector who has 
 or has not applied for a ballot paper or voted at that station, or as to the 
 
 (1) As to offences relating to Vict. c. 50), s. 74. 
 nomination papers in the case of a (2) Peg. v. Beardsall (187G) 1 
 
 municipal election, see the Municipal Q. B. D. 452 ; 45 L. J. M. C. 157 : 
 
 Corporations Act, 1882 (45 & 46 :J4 L. T. 660.
 
 278 Appendix I. 
 
 35 & 36 Vict, official mark, and no such officer, clerk, or agent, and no person whosoever, 
 c. 33. shall interfere with or attempt to interfere with a voter when marking his 
 
 vote, or otherwise attempt to obtain in the polling station information as 
 to the candidate for whom any voter in such station is about to vote or 
 has voted, or communicate at any time to any person any information 
 obtained in a polling station as to the candidate for whom any voter in 
 such stacion is about to vote or has voted, or as to the number on the 
 back of the ballot paper given to any voter at such station. Even- 
 officer, clerk, and agent in attendance at the counting of the votes shall 
 maintain and aid in maintaining the secrecy of the voting, and shall not 
 attempt to ascertain at such counting the number on the back of auy 
 ballot paper, or communicate any information obtained at such counting 
 as to the candidate for whom any vote is given in any particular ballot 
 paper. No person shall directly or indirectly induce any voter to display 
 his ballot paper after he shall have marked the same, so as to make known 
 to any person the name of the candidate for or against whom he has so 
 marked his vote. 
 
 Every person who acts in contravention of the provisions of this section 
 shall be liable, on summary conviction before tw T o justices of the peace, 
 to imprisonment for any term not exceeding six months, with or without 
 hard labour. 
 
 Note. Secrecy of Ballot. — Rule 54 in the First Schedule provides for the 
 making of a statutory declaration of secrecy by every returning officer, and 
 by every officer, clerk, or agent authorised to attend at a polling station or at 
 the counting of the votes. 
 
 In order to justify a conviction for an infringement of the secrecy of the 
 hallot under the present section, it is not sufficient to show that the defendaut 
 has afforded other persons the means of acquiring information in contravention 
 of the section ; it must appear that such information actually reached the 
 mind of some person. 1 
 
 Amendment of Lav. 
 ****** 
 Use of school and Sect. G. The returning officer at a parliamentary election may use, free- 
 public room for ot charge, for the purpose of taking the poll at such election, any room 
 r in a school receiving a grant out of moneys provided by Parliament, and 
 
 any room the expense of maintaining which is payable out of any local 
 rate, but he shall make good any damage done 1o such room, and defray 
 any expense incurred by the person or body of persons, corporate or 
 uuincorporate, haviug control over the same ou account of its being used 
 for the purpose of taking the poll as aforesaid. 
 
 The use of any room in an unoccupied house for the purpose of taking 
 the poll shall not render any person liable to be rated or to pay any rate 
 for such house. 
 
 Note. Application of Section. — The present section is inapplicable to a 
 municipal election, 2 it will, however, apply to elections under the Local 
 Government Act, ls94. 3 
 
 Duties of Eeturning and Election Officers. 
 
 General powers Sect. 8. Subject to the provisions of this Act, every returning officer 
 
 and duties of shall provide such nomination papers, polling stations, ballot boxes, ballot 
 
 returning officer. p,,p erS) stamping instruments, copies of register of voters, and other 
 
 things, appoint and pay such officers, and do such other acts and things as 
 
 (1) Stannanought v. Hizeldine 1882 (45 & 46 Vict. c. 50) third 
 O870) 4 C. P. D. litl ; 48 L. J. M.C. schedule, part III. § 1. 
 
 89 ; 40 L. T. 580 ; 27 W. R. 620. (3) 5'i & 57 Vict. c. 73, s. 48 (3). 
 
 (2) Municipal Corporations Act,
 
 The Ballot Act, 1S72. 279 
 
 may be necessary for effectually conducting an election in manner 35 & 36 Vict, 
 provided by tbis Act. c< ™ - 
 
 ****** 
 
 Note. Municipal elections. — The provisions of the present section as to 
 nomination papers are inapplicable in the case of a municipal election. 1 The 
 requisites for a poll mentioned in the section are, in the case of such an 
 election, to be provided by the mayor, who is also to appoint officers for taking 
 the poll and counting the votes. 2 Further provisions as to polling stations 
 and requisites for the poll are contained in sect. 14 and in Rules 15, 17, and 
 20 — 23 in the First Schedule to the present Act, and in the Third Schedule 
 to the Municipal Corporations Act, 1882. 3 
 
 As to the meaning of the expression "register of voters " in the case of a 
 municipal election, see the First Schedule, Rule 61 (<()• 
 
 Elections under the Local Government Act, 1894. — For the purposes of 
 these elections the returning officer is empowered to borrow various requisites 
 for the poll. 4 
 
 Omitted Portion of Section. — The omitted portion of the section relates to 
 parliamentary elections exclusively. 
 
 Sect. 9. If any person misconducts bimself in the polling station, or Keeping of order 
 fails to obey tbe lawful orders of the presiding officer, he may inime- in station 
 diately, by order of the presiding officer, be removed from the polling 
 station by any constable in or near that station, or any other person 
 authorised in writing by the returning officer to remove him ; and the 
 person so removed shall not, unless with the permission of the presiding 
 officer, again be allowed to enter the polling station during the day. 
 
 Any person so removed as aforesaid, if charged with the commission in 
 such station of any off. nee, may be kept in custody until he can be 
 brought before a justice of the peace. 
 
 Provided that the powers conferred by this section shall not be 
 exercised so as to prevent any elector who is otherwise entitled to vote 
 at any polling station from having an opportunity of voting at such 
 station. 
 
 Sect. 10. For the purpose of the adjournment of the poll, and of every rowers of pre- 
 other enactment relating to the poll, a presiding officer shall have the Jgg/jggj^ 
 power by law belonging to a deputy returning officer ; and any presiding o{ oathBj &c _ 
 officer and any clerk appointed by the returning officer to attend at a 
 polling station shall have the power of asking the questions and 
 administering the oath authorised by law to be asked of and administered 
 to voters, and any justice of the peace and any returning officer may take 
 and receive any declaration authorised by this Act to be taken before him. 
 
 Note. Municipal elections. — In the case of a municipal election the officers 
 for taking the poll are appointed by the mayor under the Municipal Corpora- 
 tions Act^ 1882. 3 As to the questions that may be asked of voters at such an 
 election, see sect. 59 of that Act. 6 
 
 Declarations authorised by the Act. — As to these declarations, see the First 
 Schedule, Rule 54. 
 
 Sect. 11. Every returning officer, presiding officer, and clerk who is Liability. if • 
 guilty of any wilful misfeasance or any wilful act or omission in °5^ formi9 ' 
 contravention of this Act shall, in addition to any other penalty or co 
 liability to which he may be subject, forfeit to any person aggrieved by 
 such misfeasance, act, or omission a penal sum not exceeding one hundred 
 pounds. 
 
 Section fifty of the Representation of the People Act, 1867, (which 30 & 31 Vict. 
 
 (1) Municipal Corporations Act, (3) lb. third schedule, part III. 
 1882 (45 & 46 Vict. c. 50) third (4) 56 & 57 Vict, c.73, s. 48 (6). 
 schedule, part II., rule 6. (5) 45 & 46 Vict. c. 50, Third 
 
 (2) lb. third schedule, part. III. Schedule, Part III. § 3, post. 
 § 3. (6) lb. s. 59.
 
 2SO 
 
 Appendix I. 
 
 35 & 36 Vict, relates to the acting of any returning officer, or his partner or clerk, as 
 c. 33. agent for a candidate.) shall apply to any returning officer or officer 
 
 appointed by him in pursuance of this Act, and to his partner or clerk. 
 
 Note. Misconduct of Officers. — Penalties are imposed on a returning 
 officer at a municipal election in respect of certain breaches of duty by the 
 Municipal Corporations Act, 1882. ' 
 
 As to the liability of returning and presiding officers to actions in respect of 
 breaches of duty on their part, see the cases cited below. 2 
 
 Representation of the People Act, 1867.— Sect. 50 of this Act 3 provides 
 that :— 
 
 " No returning officer for any county or borough, nor his deputy, nor any 
 partner or clerk of either of them, shall act as agent for any candidate in the 
 management or conduct of his election as a member to serve in Parliament for 
 such county or borough ; and if any returning officer, his deputy, the partner 
 or clerk of either of them, shall so act, he shall be guilty of a misdemeanor." 
 
 Nou-compliance 
 with rules. 
 
 Miscellaneous. 
 
 Prohibition of Sect. 12. No person who has voted at an election shall, in any legal 
 
 disclosure of proceeding to question the election or return, be required to state for 
 
 whom he has voted. 
 
 Note. Disclosure of Vote. — An almost exactly similar provision is contained 
 in the Municipal Corporations Act, 1882. 4 
 
 Sect. 13. No election shall be diclared invalid by reason of a non- 
 compliance with the rules contained in the First Schedule to this Act, or 
 any mistake in the use of the forms in the Second Schedule to this Act, 
 if it appears to the tribunal having cognizance of the question that the 
 election was conducted in accordance with the principles laid down in the 
 body of this Act, and that such non-compliance or mistake did not affect 
 the result of the election. 
 
 Note. Irregularities at elections.— In a case already referred to in the 
 note to sect. 2, ante, 5 an election was petitioned against on the ground that a 
 number of irregularities had been committed in the course of the election ; 
 and Lord Coleridge, C.J., delivering the judgment of the Court, 6 after stating 
 the facts and the arguments, said : — 
 
 " The questions raised for decision seem to be, — first, what is the true 
 statement of the rule under which an election may be avoided by the common 
 law of Parliament ? — secondly, is the present case brought within the rule ? — 
 thirdly, whether a breach of the Ballot Act can, as such, be a ground for 
 avoiding an election, — fourthly, if yes, can this election be thereby avoided? 
 
 " As to the first, we are of opinion that the true statement is that an election 
 is to be declared void by the common law applicable to parliamentary 
 elections, if it was so conducted that the tribunal which is asked to avoid it is 
 satisfied, as a matter of fact, either that there was no real electing at all, or 
 that the election was not really conducted under the subsisting election laws. 
 As to the first, the tribunal should be so satisfied, i.e. that there was no real 
 electing by the constituency at all, if it were proved to its satisfaction that 
 the constituency had not in" fact had a fair and free opportunity of electing 
 the candidate which the majority might prefer. This would certainly be so, 
 
 (1) 45 & 46 Vict. c. 50, s. 75. 
 
 (2) Tozer v. Child (1857), 7 E. & 
 B. 377 ; 26 L. J. Q. B. 151 ; 3 Jur. 
 (N.S.) 409 ; Pickering v. James (1873), 
 L. R. 8 C. P. 489 ; 42 L. J. C. P. 217 ; 
 21 W. R. 786; S. C. mm. Jones v. 
 Pickering, 29 L T. 210. 
 
 (3) 30 & 31 Vict. c. 102. s. 50. 
 
 (4) 45 & 46 Vict. c. 50, s. 104. 
 
 (5) Woodward v. Sarsons (Bir- 
 mingham Municipal Petition) (1875), 
 L. R. 10 C. P. 733 ; 44 L. J. C. P. 
 293 ; 32 L. T. 867. 
 
 (6) Brett, Archibald and Denman, 
 JJ.
 
 The Ballot Ad, 1^2. 281 
 
 if a majority of the electors were proved to have been prevented from 35 & 36 Vict. 
 
 recording their votes effectively according to their own preference, by general c. 33. 
 
 corruption or general intimidation, or by being prevented from voting by 
 
 want of the machinery necessary for so voting .... or by other such acts 
 
 or mishaps. And we think the same result should follow if, by reason of 
 
 any such or .similar mishaps, the tribunal, without being able to say that a 
 
 majoritj had been prevented, .should be satisfied that there was reasonable 
 
 ground to believe that a majority of the electors may have been prevented 
 
 from electing the candidate they preferred. But, if the tribunal should only 
 
 be satisfied that certain of such mishaps had occurred, but should not be 
 
 satisfied either that a majority had been, or that there was reasonable ground 
 
 to believe that a majority might have been, prevented from electing the 
 
 candidate they preferred, then we think the existence of such mishaps would 
 
 not entitle the tribunal to declare the election void by the common law of 
 
 Parliament. . . . 
 
 " As to the second, i.e. that the election was not really conducted under 
 the subsisting election laws at all, we think, though there was an election in 
 the sense of there having been a selection by the will of the constituency, 
 that the question must in like manner be, whether the departure from the 
 prescribed method of election is so great that the tribunal is satisfied, as 
 matter of fact, that the election was not an election under the existing 
 law. . . . 
 
 " But then it is urged that there has been a breach of the Ballot Act, and 
 therefore the election is by virtue of the Act itself void. This is the third 
 question that was raised in argument before us. It is said that sect. 13, 
 though it is in a negative form, assumes as an affirmative proposition that 
 a non-compliance with the rules, or any mistake in the use of the forms, 
 would render an election invalid, unless it appeared that the election was 
 conducted in accordance with the principles laid down in the body of the Act 
 and that such non-compliance or mistake did not affect the result of the 
 election. If this proposition be closely examined, it will be found to be 
 equivalent to this, that the non-observance of the rules or forms, which is to 
 render the election invalid, must be so great as to amount to a conducting of 
 the election in a manner contrary to the priuciple of an election by ballot, 
 and must be so great as to satisfy the tribunal that it did affect or might 
 have affected the majority of the voters, or, in other words, the result of the 
 election. It therefore is, as has been said, an enactment ex abundanti cauteld, 
 declaring that to be the law applicable to elections under the Ballot Act 
 which would have been the law to be applied if this section had not existed. 
 It follows that, for the same reasons which prevent us from holding that this 
 election was void at common law, we must hold that it is not void under the 
 statute." 
 
 In another case, 1 a candidate was nominated twice. One nomination 
 paper was good and the other bad. The mayor erroneously entered the 
 candidate's name twice in the ballot papers, as if he had been two candidates, 
 describing him once in accordance with the good nomination paper and once 
 in accordance with the bad nomination paper. Some voters voted for him by 
 marking the ballot paper opposite the one entry of his name, and some by 
 marking the ballot paper opposite the other entry. It was held that, having 
 regard to the present section, both sets of votes were good and that the two 
 sets of votes ought to be added together in order to ascertain the total 
 number of votes to which the candidate was entitled. 
 
 Sect. 1-4. "Where a parliamentary borough and municipal borough pe of municipal 
 occupy the whole or any part of the same area, any ballot boxes or fittings for plirHamen- °' 
 for polling stations and compartments provided for such parliamentary tary election, 
 borough or such municipal borough may be used in any muuicipal or and vice versa. 
 parliamentary election in such borough free of charge, and any damage 
 other than reasonable wear and tear caused to the same shall be paid a3 
 part of the expenses of the election at which they are so used. 
 
 (1) Northcote v. Puis ford (Bam- L. R. 10 C. P. 47G ; 44 L. J. C. P. 
 staple Municipal Petition) (1875), 217 ; 32 L. T. 602, 23 W. R. 700.
 
 282 Appendix I. 
 
 35 & 30 Vict. Note. Requisites for the Poll.— Under the Local Government Act, 1894, ' 
 c. 3.3. the returning officer "at an election under that Act is empowered to borrow 
 
 requisites for the poll from any public authority. 
 
 Construction of Sect. 15. This part of this Act shall, so far as is consistent with tlie 
 •Act- tenor thereof, be construed as one with the enactments for the time being- 
 
 in force relating to the representation of the people, and to the registration 
 of persons entitled to vote at the election of members to serve in Parlia- 
 ment, and with any enactments otherwise relating to the subject matter 
 of this part of this Act, and terms used in this part of this Act shall have 
 the same meaning as in the said enactments ; and in construing the said 
 enactments relating to an election or to the poll or taking the votes by 
 poll, the mode of election and of taking the poll established by this Act 
 shall for the purposes of the said enactments be deemed to be substituted 
 for the mode of election or poll, or taking the votes by poll, referred to in 
 the said enactments; and any person applying for a ballot paper under 
 this Act shall be deemed " to tender his vote," or " to cssume to vote," 
 within the meaning of the said enactments ; and any application for a 
 ballot paper under this Act, or expressions relative thereto shall be 
 equivalent to "voling" in the said enactments and any expressions 
 relative thereto; and the term "polling booth" as used in the said 
 enactments shall be deemed to include a polling station ; and the term 
 " proclamation " as used in the said enactments shall be deemed to 
 include a public notice given in pursuance of this Act. 
 
 PART III. 
 
 Personation. 
 
 Definition and Sect. 24 The following enactments shall be made with respect to per- 
 
 punishment of sonation at parliamentary and municipal elections : 
 
 personation. j^ p erson shall for all purposes of the laws relating to parliamentary and 
 
 municipal elections be deemed to be guilty of the offence of personation 
 who at an election for a county or borough, or at a municipal election, 
 applies for a ballot paper in the name of some other person, whether that 
 name be that of a person living or dead or of a fictitious person, or who 
 having voted once at any such election applies at the same election for a 
 
 ballot paper in his own name. 
 
 ****** 
 
 It shall be the duty of the returning officer to institute a prosecution 
 against any person whom he may believe to have been guilty of persona- 
 tion, or of aiding, abetting, counselling, or procuring the commission of 
 the offence of personation by any person, at the election for which he is 
 returning officer, and the costs and expenses of the prosecutor and the 
 witnesses in such case, together with compensation for their trouble and 
 loss of time, shall be allowed by the court in the same manner in which 
 courts are empowered to allow the same in cases of felony. 
 
 The provisions of the Registration Acts, specified in the third Schedule 
 to this Act, shall in England and Ireland respectively apply to persona- 
 tion under this Act in the same manner as they shall apply to a person 
 who knowingly personates and falsely assumes to vote in the name of 
 another person as mentioned in the said Acts. 
 
 Note. Repeal. — The omitted portions of the section are repealed by the 
 Corrupt and Illegal Practices Prevention Act, 1883. 2 
 
 Personation. — With regard to the definition and punishment of the offence 
 
 (1) 56 & 57 Vict. c. 73, s. 48 (6). (2) 46 & 47 Vict. c. 51, s. 66.
 
 The Ballot Act, 1872. 283 
 
 of personation, see the note to sect. 2 of the Municipal Elections (Corrupt and 35 & 30 Vict. 
 Illegal Practices) Act, 1884. » c. 33. 
 
 Provisions of the Registration Act. — The enactments specified in the third 
 .schedule, 2 are as follows : — 
 
 Sect. 85. "It shall be lawful for any candidate, at any election of a 
 member or members to serve in Parliament for any county, city, or borough, 
 previous to the time fixed for taking the poll at such election, to nominate 
 and appoint an agent or agents on his behalf to attend at each or any of the 
 booths appointed for taking the poll at such election, for the purpose of 
 detecting personation ; and such candidate shall give notice in writing to the 
 returning officer, or his respective deputy, of the name and address of the 
 person or persons so appointed by him to act as agents for such purpose ; and 
 thereupon it shall be lawful for every such agent to attend during the time of 
 polling at the booth or booths for which he shall have been so appointed." 
 
 Sect. 86. "If at the time any person tenders his vote at such election, or 
 after he has voted, and before he leaves the polling booth, any such agent so 
 appointed as aforesaid shall declare to the returning officer, or his respective 
 deputy, presiding therein, that he verily believes, and undertakes to prove, 
 that the said person so voting is not in fact the person in whose name he 
 assumes to vote, or to the like effect, then and in every such case it shall be 
 lawful for the said returning officer, or his said deputy, and he is hereby 
 required, immediately after such person shall have voted, by word of mouth 
 to order any constable or other peace officer to take the said person so voting 
 into his custody, which said order shall be a sufficient warrant and authority 
 to the said constable or peace officer for so doing : provided always, that 
 nothing herein contained shall be construed or taken to authorise any 
 returning officer, or his deputy, to reject the vote of any person who shall 
 answer in the affirmative the questions authorised by this Act to be put to 
 him at the time of polling, and shall take the oaths or make the affirmations 
 authorised and required of him ; but the said returning officer, or his deputy, 
 shall cause the words, ' protested against for personation,' to be placed 
 against the vote of the person so charged with personation when entered in 
 the poll book." 
 
 Sect. 87. " Every such constable or peace officer shall take the person so iu 
 his custody, at the earliest convenient time, before some two justices of the 
 peace acting in and for the county, city, or borough within which the said 
 person shall have so voted as aforesaid : provided always, that in case the 
 attendance of two such justices as aforesaid cannot be procured within the 
 space of three hours after the close of the poll on the same day on which 
 such person shall have been so taken into custody, it shall be lawful for the 
 said constable or peace officer, and he is hereby required, at the request of 
 such person so in his custoly, to take him before any one justice of the peace 
 acting as aforesaid, and such justice is hereby authorised and required to 
 liberate such person on his entering into a recognizance, with one sufficient 
 suretv, conditioned to appear before any two such justices as aforesaid, at a 
 time and place to be specified in such recognizance, to answer the said charge ; 
 and if no such justice shall be found within four hours after the closing of the 
 said poll then such person shall forthwith be discharged from custody: 
 provided also, that if in consequence of the absence of such justices as afore- 
 said, or for any other cause, the said charge cannot be inquired into within 
 the time aforesaid, it shall be lawful nevertheless for any two such justices 
 as aforesaid to inquire into the same on the next or on some other subsequent 
 day, and, if necessary, to issue their warrant for the apprehension of the 
 person so charged." 
 
 Sect. 88. "If on the hearing of the said charge the said two justices shall 
 be satisfied, upon the evidence on oath of not less than two credible witnesses, 
 that the said person so brought before them has knowingly personated and 
 falsely assumed to vote in the name of some other person within the meaning 
 of this Act, and is not in fact the person in whose name he voted, then it 
 shall be lawful for the said two justices to commit the said offender to the 
 
 (1) 47 & 48 Vict. c. 70, s. 2, post. mentary Registration Act, 1813 (6 & 
 
 (2) Sects. 85-89 of the Parlia- 7 Vict. c. IS).
 
 2S 4 
 
 Appendix I. 
 
 35 & 36 Vict, gaol of the county, city, or borough within which the offence was committed 
 c. 33. to take his trial according to law, and to bind over the witnesses in their 
 
 respective recognizances to appear and give evidence on such trial as in the 
 case of other misdemeanors." 
 
 Sect. 89. "If the said justices shall on the hearing of the said charge be 
 satisfied that the said person so charged with personation is really and in 
 truth the person in whose name he voted, and that the charge of personation 
 has been made against him without reasonable or just cause, or if the agent 
 so declaring as aforesaid, or someone on his behalf, shall not appear to support 
 such charge before the said justices, then it shall be lawful for the said 
 justices and they are hereby required to make an order in writing under their 
 hands, on the said agent so declaring as aforesaid, to pay to the said person so 
 falsely charged, if he shall consent to accept the same, any sum not exceeding 
 the sum of ten pounds nor less than five pounds, by way of damages and costs ; 
 and if the said sum shall not be paid withing twenty-four hours after such 
 order shall have been made, then the same shall be levied, by warrant under 
 the hand and seal of any justice of the peace acting as aforesaid, by distress 
 and sale of the goods and chattels of the said agent ; and in case no sufficient 
 goods or chattels of the said agent can be found on which such levy can be 
 made, then the same shall be levied in like manner on the goods and chattels 
 of the candidate by whom such agent was so appointed to act ; and in case 
 the said sum shall not be paid or levied in the manner aforesaid, then it shall 
 be lawful for the said person to whom the said sum of money was so ordered 
 to be paid to recover the same from the said agent or candidate, with full 
 costs of suit, in an action of debt to be brought in any one of Her Majesty's 
 Superior Courts of Record at Westminster : provided always, that if the 
 person so falsely charged shall have declared to the said justices his consent 
 to accept such sum as aforesaid by way of damages and costs, and if the whole 
 amount of the sum so ordered to be paid shall have been paid or tendered to 
 such person, in every such case, but not otherwise, the said agent, candidate, 
 and every other person shall be released from all actions or other proceedings, 
 civil or criminal, for or in respect of the said charge and apprehension.'' 
 
 With regard to the applicability of the first four of the sections of the 
 Parliamentary Registration Act, 1843, above quoted, 1 to municipal elections, 
 see also sect. 86 of the Municipal Corporations Act, 1882. 2 
 
 PART IV. 
 
 Effect 'f 
 schedules. 
 
 Definitions. 
 
 " Municipal 
 borough : " 
 
 "Municipal 
 
 Corporation 
 Acts: " 
 
 Miscellaneous. 
 
 Sect. 28. The schedules to this Act, and the notes thereto, and direc- 
 tions therein, shall be construed and have effect as part of this Act. 
 
 Note. Effect of schedules. — With regard to the effect of any disregard of 
 the provisions contained in the schedules, see the note to sect. 2. 
 
 Sect. 29. In this Act— 
 
 The expression " municipal borough" means anyplace for the time 
 being subject to the Municipal Corporation Acts, or any of them : 
 
 The expression " Municipal Corporation Acts'' means — 
 
 (a.) As regards England, the Act of the session of the fifth and sixth 
 years of the reign of King William the Fourth, chapter seventy- 
 six, intituled "An Act to provide for the regulation of municipal 
 corporations in England and Wales," and the Acts amending the 
 same: 
 
 (1) 6 Vict. c. 18, ss. 85- 
 
 (2) 45 & 46 Vict. c. 50, s. 86, post.
 
 The Ballot Act, 1872. 285 
 
 The expression " municipal election " means — 35 & 00 Vict. 
 
 (a) As regards England, an election of any person to serve the office of c. 33. 
 
 councillor, auditor, or assessor of any municipal borough, or of «< Municipal 
 councillor for a ward of a municipal borough. election." 
 
 ****** 
 
 Note. The Municipal Corporation Acts. — The Act of William the 
 Fourth, usually called the Municipal Corporations Act, 1835, 1 and most of 
 the amending Acts, were repealed and replaced by the Municipal Corporations 
 Act, 1882, " which contains a section, 3 providing for the effect of references in 
 other Acts to the repealed provisions of the Act of 1835 and of the amending 
 Acts. 
 
 Municipal election. — Assessors are no longer elected for boroughs. 
 
 Omitted portions of section. — The omitted portions of the present section 
 
 refer to Scotland and Ireland. 
 
 ****** 
 
 Sect. 32. [Repeal of certain enactments.'] 
 
 Sect. 33. This Act may be cited as the Ballot Act, 1872, and shall ? epe £l?_i ActB 
 continue in force till the thirty-first day of December one thousand eight ™ £. ..., 
 hundred and eighty, and no longer, unless Parliament shall otherwise ' 
 determine ; and on the said day the Acts in the fourth, fifth, and sixth 
 schedules shall be thereupon revived ; provided that such revival shall not 
 affect any act done, any rights acquired, any liability or penalty incurred, 
 or any proceeding pending under this Act, but such proceeding shall be 
 carried on as if this Act had continued in force. 
 
 Note. Continuance of Act. — The Act is at present continued by the 
 Expiring Laws Continuance Act, 1893. 4 
 
 (1) 5 & 6 Will. IV. c. 76. (3) lb. s. 242. 
 
 (2) 45 & 46 Vict. c. 50. (4) 56 & 57 Vict, c 59.
 
 ( 286 ) 
 
 35 & 36 Vict, 
 c. 33. 
 
 SCHEDULES. 
 
 Note. Effect of Schedules. — As to the effect of a disregard of the pro- 
 visions in the schedules to the Act on the validity of a particular vote, and 
 on the validity of an election, see the notes to sects. 2 and 13 respectively. 
 Sect. 28 provides that the schedules and the notes thereto, and directions 
 therein, shall be construed and have effect as part of the Act. 
 
 FIRST SCHEDULE. 
 
 Part I. 
 
 Rules for Parliamentary Elections. 
 
 ****** 
 
 The Poll. 
 ****** 
 15. At every polling place the returning officer shall provide a sufficient 
 number of polling stations for the accommodation of the electors entitled to 
 vote at such polling place, and shall distribute the polling stations amongst 
 those electors in such manner as he thinks most convenient, provided that in 
 a district borough there shall be at least one polling station at each con- 
 tributory place of such borough. 
 
 Note. Polling Stations. — At a municipal election, the duty of providing 
 polling stations falls on the mayor, 1 who is also to furnish each polling 
 station with compartments in which the voters can mark their votes screened 
 from observation. - 
 
 ****** 
 
 17. A separate room or separate booth may contain a separate polling 
 station, or several polling stations may be constructed in the same room or 
 booth. 
 
 18. Xo person shall be admitted to vote at any polling station except the 
 one allotted to him. 
 
 Note. Allotment of Polling Stations. — In the case of a municipal election 
 the mavor is required to publish a notice as to the allotment of polling places 
 and polling stations. 3 
 
 ****** 
 
 20. The returning officer shall provide each polling station with materials 
 for voters to mark the ballot papers, with instruments for stamping thereon 
 the official mark, and with copies of the register of voters, or such part 
 
 (1) Municipal Corporations Act, (2) lb. § 4. 
 
 1882 (45 & 46 Vict. c. 50), third (3) lb. § 2. 
 
 schedule, part III., § 3.
 
 The Ballot Act, 1S72. 287 
 
 thereof as contains the names of the voters allotted to vote at such station. 35 & :'«•> \ ict. 
 He shall keep the official mark secret, ami an interval of not less than seven C. 33. 
 
 years shall intervene between the use of the same official mark at elections 
 for the same county or borough. 
 
 Note. Provision of Polling Requisites. — In the case of a municipal election, 
 the duty of providing requisites for the poll under the present rule devolves 
 on the mayor, 1 who is also required to furnish each presiding officer with 
 ballot papers. 2 
 
 Register of Voters. — As to the meaning of this expression in the case of a 
 municipal election, see rule (34 («). 
 
 21. The returning officer shall appoint a presiding officer to preside at each 
 station, and the officer so appointed shall keep ordpr at his station, shall 
 regulate the number of electors to be admitted at a time, and shall exclude 
 all other persons except the clerks, the agents of the candidates, and the 
 constables on duty. 
 
 Note. Appointment of Officers. — Officers for taking the poll and counting 
 votes are in the case of a municipal election to be appointed by the mayor. 3 
 
 Presiding Officer. — As to the powers of this officer, see sects. 9, 10 ; as to 
 his liability for misconduct, see sect. 11. By rule 47, post, the returning 
 officer may himself preside at a polling station if he thinks fit. 
 
 Candidates' Agents. — As to candidates' agents in the case of a municipal 
 election, see sect. 58 of the Municipal Corporations Act, 1882, 4 and the note 
 to that section. 
 
 Presence of Candidate in Polling Station. — Candidates in addition to the 
 persons mentioned in this rule are entitled to be present in a polling station.'' 
 
 22. Every ballot paper shall contain a list of the candidates described as in 
 their respective nomination papers, and arranged alphabetically in the order 
 of their surnames, and (if there are two or more candidates with the same 
 surname) of their other names : it shall be in the form set forth in the Second 
 Schedule to this Act or as near thereto as circumstances admit, and shall he 
 capable of being folded up. 
 
 23. Every ballot box shall be so constructed that the ballot papers can be 
 introduced therein, but cannot be withdrawn therefrom, without the box 
 being unlocked. The presiding officer at any polling station, just before the 
 commencement of the poll, shall show the ballot box empty to such persons, 
 if any, as may be present in such station, so that they may see that it is 
 empty, and shall then lock it up, and place his seal upon it in such manner 
 as to prevent its being opened without breaking such seal, and shall place 
 it in his view for the receipt of ballot paj ers, and keep it so locked and 
 sealed. 
 
 24. Immediately before a ballot paper is delivered to an elector it shall be 
 marked on both sides with the official mark, either stamped or perforated, and 
 the number, name, and description of the elector as stated in the copy of the 
 register shall be called out, and the number of such elector shall be marked 
 on the counterfoil, and a mark shall be placed in the register against the 
 number of the elector, to denote that he has received a ballot paper, but with- 
 out showing the particular ballot paper which he has received. 
 
 Note. Official Mark. — As to the duty of the officials in the polling 
 station to deliver properly marked ballot papers to the voters, and as to the 
 effect of absence of the official mark from a ballot paper, see sect. 2, ante, and 
 the note to that section. 
 
 Marking Counterfoil. — The object of marking the counterfoil is to enable 
 the ballot paper of any voter to be traced if necessary. 
 
 (1) Municipal Corporations Act, (4) 45 & 46 Vict. c. 50, s. 58, post. 
 1882) (45 & 46 Vict. c. 50), third (5) Clementson v. Mason (1875), 
 schedule, part III., § 3. L. R. 10 C. P. 209 ; 44 L. J. C. P. 
 
 (2) lb. § 4. 171 ; 32 L. T. 325 ; 23 W. Pi. 620. 
 
 (3) lb. § 3.
 
 288 Appendix I. 
 
 35 & 36 Vict. Register of Electors. — As to the meaning of this expression in the case of a 
 c. 33. municipal election, see rule 64 («)■ 
 
 25. The elector, on receiving the ballot paper, shall forthwith proceed into 
 one of the compartments in the polling station, and there mark his paper, and 
 fold it up so as to conceal his vote, and shall then put his ballot paper, so 
 folded up, into the ballet box ; he shall vote without undue delay, and shall 
 quit the polling station as soon as he has put his ballot paper into the ballot 
 box. 
 
 Note. Marking of Ballot Paper. — Directions showing the manner in which 
 a voter is to mark the ballot paper are given in the second schedule ; they 
 are to be placarded outside every polling station, and in every compartment 
 of every polling station. As to the effect of irregularities in marking a ballot 
 paper, see the note to sect. 2, ante. 
 
 26. The presiding officer, on the application of any voter who is incapaci- 
 tated by blindness or other physical cause from voting in manner prescribed 
 in this Act, or (if the poll be "taken on Saturday) of any voter who declares 
 that he is of the Jewish persuasion, and objects on religious grounds to vote in 
 manner prescribed by this Act, or of any voter who makes such a declaration 
 as hereinafter mentioned that he is unable to read, shall, in the presence of the 
 agents of the candidates, cause the vote of such voter to be marked on a ballot 
 paper in manner directed by such voter, and the ballot paper to be placed ir». 
 the ballot box, and the name and number on the register of voters of every 
 voter whose vote is marked in pursuance of this rule, and the reason why it 
 is so marked, shall be entered on a list in this Act called " the list of votes- 
 marked by the presiding officer." 
 
 The said declaration, in this Act referred to as ' ! the declaration of inability 
 to read," shall be made by the voter at the time of polling, before the presid- 
 ing officer, who shall attest it in the form hereinafter mentioned, and no fee, 
 stamp, or other payment shall be charged in respect of such declaration, and 
 the said declaration shall be given to the presiding officer at the time of 
 voting. 
 
 Note. Illiterate Voters. — A case in which the provisions of this rule with 
 l-eo-ard to certain voters unable to read were contravened, and in which the 
 votes of such voters were nevertheless held to be good, 1 is referred to in the 
 note to sect. 2, ante. A form of declaration of inability to read is given in the 
 second schedule. 
 
 27. If a person, representing himself to be a particular elector named on 
 the register, applies for a ballot paper after another person has voted as such 
 elector, the applicant shall, upon duly answering the questions and taking 
 the oath permitted by law to be asked of and to be administered to voters at 
 the time of polling, be entitled to mark a ballot paper in the same manner as 
 aDy other voter, but the ballot paper (in this Act called a tendered ballot 
 paper) shall be of a colour differing from the other ballot papers, and instead 
 of being put into the ballot box, shall be given to the presiding officer and 
 endorsed by him with the name of the voter and his number in the register 
 of voters, and set aside in a separate packet, and shall not be counted by the 
 returning officer. And the name of the voter and his number on the register 
 shall be entered on a list, in this Act called the tendered votes list. 
 
 Note. Questions to he ashed of a Voter. — As to these questions in the case 
 of a municipal election, see sect. 59 of the Municipal Corporations Act, 1882. 2 
 
 Register of Electors. — As to the meaning of this expression in the case of a 
 municipal election, see rule 64 («). 
 
 Tendered Ballot Papers. — A ballot paper tendered under this rule may 
 
 (1) Woodward v. Sarsons (Bir- 293 ; 32 L. T. 867. 
 minqham Municipal Petition) (1875), (2) 45 & 46 Vict. c. 50, s. 59, 
 
 L. R. 10 C. P. 733 ; 44 L. J. C. P. post.
 
 The Ballot Act, 1872. 289 
 
 be counted in the event of the elections petitioned being against, if it 35 & 36 Vict. 
 appears that the person tendering the paper was the person really entitled to c. o>. 
 
 vote. If the election is not petitioned against the tendered ballot papers are 
 inoperative. A tendered ballot paper was counted on a scrutiny, though the 
 presiding officer had omitted to endorse it with the applicant's name ; ' but a 
 tendered ballot paper that the voter had placed in the ballot box, instead of 
 returning it to the presiding officer, was rejected. 2 
 
 28. A voter who has inadvertently dealt with this (sic.) ballot paper in such 
 manner that it cannot be conveniently used as a ballot paper, may, on deliver- 
 ing to the presiding officer the ballot paper so inadvertently dealt with, and 
 proving the fact of the inadvertence to the satisfaction of the presiding officer, 
 obtain another ballot paper in the place of the ballot paper so delivered up 
 (in this Act called a spoilt ballot paper), and the spoilt ballot paper shall be 
 immediately cancelled. 
 
 29. The presiding officer of each station, as soon as practicable after the 
 close of the poll, shall, in the presence of the agents of the candidates, make 
 •up into separate packets sealed with his own seal and the seals of such agents 
 ost. 
 
 171 ; 32 L. T. 325 ; 23 W. R. 620. (3) See rule 64, post. 
 
 (2) Municipal Corporations Act,
 
 33. 
 
 The Ballot Act, 1872. 291 
 
 Note. Municipal Election — As to the report in the case of a municipal 35 & 36 Vict, 
 election, see the note to rule 36. 
 
 38. Lastly, the returning officer shall forward to the Clerk of the Crown 
 in Chancery (in manner in which the poll books are by any existing enact- 
 ment required to be forwarded to such clerk, or as near thereto as circum- 
 stances admit) all the packets of ballot papers in his possession, together with 
 the said reports, the ballot paper accounts, tendered votes lists, lists of votes 
 marked by the presiding officer, statements relating thereto, declarations of 
 inability to read, and packets of counterfoils, and marked copies of registers, 
 sent by each presiding officer, endorsing on each packet a description of its 
 contents and the date of the election to which they relate, and the name of 
 the county or borough for which such election was held ; and the term poll 
 book in any such euactment shall be construed to include any document 
 forwarded in pursuance of this rule. 
 
 Note. Municipal Election. — In the case of a municipal election the 
 documents referred to in this rule are to be forwarded to the town clerk. 1 
 
 39. The Clerk of the Crown shall retain for a year all documents relating 
 to an election forwarded to him in pursuance of this Act by a returning 
 officer, and then, unless otherwise directed by an order of the House ot 
 Commons, or of one of Her Majesty's Superior Courts, shall cause them to be 
 destroyed. 
 
 Note. Municipal Election. — In the case of a municipal election the 
 documents mentioned in this rule are retained by the town clerk in the 
 manner provided by rule 64, post, and by the same rule an order of a county 
 court, or of a tribunal in which a municipal election is questioned, is substituted 
 for an order of the House of Commons or of the High Court. 
 
 40. No person shall be allowed to inspect any rejected ballot papers in the 
 custody of the Clerk of the Crown in Chancery, except under the order of the 
 House of Commons or under the order of one of Her Majesty's Superior 
 Courts, to be granted by such court on being [satisfied by evidence on oath 
 that the inspection or production of such ballot papers is required for the 
 purpose of instituting or maintaining a prosecution for an offence in relation 
 to ballot papers, or for the purpose of a petition questioning an election or 
 return; and any such order for the inspection or production of ballot papers 
 may be made subject to such conditions as to persons, time, place, and mode 
 of inspection or production as the House or court making the same may think 
 expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Any 
 power given to a Court by this rule may be exercised by any judge of such 
 court at chambers. 
 
 Note. Municipal Election. — With regard to the application of this rule 
 in the case of a municipal election, see the note to rule 39 and the case 2 cited 
 in the note to sect. 3, ante. 
 
 Inspection of Documents. — For instances in which inspection of documents 
 has been applied for under this and the two succeeding rules, see the cases cited 
 below. 3 
 
 41. No pei'son shall, except by order of the House of Commons or any 
 tribunal having cognizance of petitions complaining of undue returns or 
 undue elections, open the sealed packet of counterfoils after the same has 
 been once sealed up, or be allowed to inspect any counted ballot papers in the 
 custody of the Clerk of the Crown in Chancery ; such order may be made 
 
 (1) See rule 64, post. Petition) (No. 1) (1874), L. R. 9 C. P. 
 
 (2) Reg. v. Beardsall (1876), 1 446 ; 43 L. J. C. P. 173 ; 30 L. T. 
 Q. B. D. 452 ; 45 L. J. M. C. 157 ; 299 ; 22 W. R. 946 ; James v. Hen- 
 34 L. T. 660. derson (1874), 43 L. J. C. P. 238 ; 30 
 
 (3) Stoue v. Jolliffe (Petersfield L. T. 527 ; Reg. v. Beardsall, ubi sup. 
 
 u 2
 
 292 Appendix I. 
 
 35 & 36 Vict, subject to such conditions as to persons, time, place, and mode of opening or 
 c. 33. inspection as the House or tribunal making the ordor may think expedient ; 
 
 provided that on making and carrying into effect any such order, care shall 
 be taken that the mode in which any particular elector has voted shall not be 
 discovered until he has been proved to have voted, and his vote has been 
 declared by a competent court to be invalid. 
 
 Note. Inspection of Documents. — As to this rule, see the notes to rules 
 39 and 40. 
 
 42. All documents forwarded by a returning officer in pursuance of this 
 Act to the Clerk of the Crown in Chancery, other than ballot papers and 
 counterfoils, shall be open to public inspection at such time and under such 
 regulations as may be prescribed by the Clerk of the Crown in Chancery, 
 with the consent of the Speaker of the House of Commons, and the Clerk of 
 the Crown shall supply copies of or extracts from the said documents to any 
 person demanding the same, on payment of such fees and subject to such 
 regulations as may be sanctioned by the Treasury. 
 
 Note. Municipal Election. — In the case of a municipal election the 
 documents referred to in this rule are forwarded to the town clerk, and 
 regulations for the inspection of such documents and the fees for the supply 
 of copies of them are to be prescribed by the town council with the consent 
 of the Secretary of State. 1 See also the note to rule 40. 
 
 43. Where an order is made for the production by the Clerk of the Crown 
 in Chancery of any document in his possession relating to any specified 
 election, the production by such clerk or his agent of the document ordered, 
 in such manner as may be directed by such order, or by a rule of the court 
 having power to make such order, shall be conclusive evidence that such 
 document relates to the specified election ; and any endorsement appearing 
 on any packet of ballot papers produced by such Clerk of the Crown or his 
 agent shall be evidence of such papers being what they are stated to be by 
 the endorsement. The production from proper custody ,of a ballot paper 
 purporting to have been used at any election, and of a counterfoil marked 
 with the same printed number and having a number marked thereon in 
 writing, shall be prima facie evidence that the person who voted by such 
 ballot paper was the person who at the time of such election had affixed to 
 his name in the register of voters at such election the same number as the 
 number written on such counterfoil. 
 
 Note. Municipal Election. — As to the application of this rule in the case 
 of a municipal election, see rule 64, post. 
 
 General Provisions. 
 ***** 
 45. The returning officer shall, as soon as possible, give public notice of the 
 names of the candidates elected, and, in the case of a contested election, of 
 the total number of votes given for each candidate, whether elected or not. 
 
 Note. Declaration of Result. — As to the declaration of the result of an 
 election, see the note to sect. 2, ante. 
 
 ****** 
 
 47. The returning officer may, if he think fit, preside at any polling 
 station, and the provisions of this Act relating to a presiding officer shall 
 apply to such returning officer with the necessary modifications as to things 
 to be done by the returning officer to the presiding officer, or the presiding 
 officer to the returning officer. 
 
 48. In the case of a contested election for any county or borough, the 
 
 (1) See rule 64, post.
 
 The Ballot Act, 1872. 293 
 
 returning officer may, in addition to any clerks, appoint competent persons to 35 & 36 Vict. 
 assist him in counting the votes. c. 33. 
 
 Note. Municipal Election. — In the case of a municipal election, officers to 
 assist in counting the votes are appointed by the mayor. 1 
 
 49. No person shall be appointed by a returning officer for the purposes of 
 an election who has been employed by any other person in or about the 
 election. 
 
 50. The presiding officer may do, by the clerks appointed to assist him, any 
 act which he is required or authorized to do by this Act at a polling station 
 except ordering the arrest, exclusion, or ejection from the polling station of 
 any person. 
 
 51. A candidate may himself undertake the duties which any agent of his 
 if appointed might have undertaken, or may assist his agent in the performance 
 of such duties, and may be present at any place at which his agent may, in 
 pursuance of this Act, attend. 
 
 Note. Presence of Candidate. — A candidate has under the present rule an 
 absolute right to be present at a polling station, and not merely a qualified 
 right to be present for the purpose of undertaking the duties of an agent or 
 of assisting his agent. 2 
 
 52. The name and address of every agent of a candidate appointed to 
 attend the counting of the votes shall be transmitted to the returning officer 
 one clear day at the least before the opening of the poll ; and the returning 
 officer may refuse to admit to the place where the votes are counted any 
 agent whose name and address has not been so transmitted, notwithstanding 
 that his appointment may be otherwise valid, and any notice required to be 
 given to an agent by the returning officer may be delivered at or sent by post 
 to such address. 
 
 Note. Candidates' Agents. — As to the appointment of candidates' agents 
 in the case of a municipal election, see sect. 58 of the Municipal Corporations 
 Act, 1882. 3 
 
 53. If any person appointed an agent by a candidate for the purposes of 
 attending at the polling station or at the counting of the votes dies, or 
 becomes incapable of acting during the time of the election, the candidate 
 may appoint another agent in his place, and shali forthwith give to the 
 returning officer notice in writing of the name and address of the agent so 
 appointed. 
 
 Note. Candidates' Agents. — See the note to rule 52. 
 
 54. Every returning officer, and every officer, clerk, or agent authorized to 
 attend at a polling station, or at the counting of the votes, shall, before 
 the opening of the poll, make a statutory declaration of secrecy, in the 
 presence, if he is the returning officer, of a justice of the peace, and if he is 
 any other officer or an agent, of a justice of the peace or of the returning 
 officer; but no such returning officer, officer, clerk, or agent as aforesaid shall, 
 save as aforesaid, be required, as such, to make any declaration or take any 
 oath on the occasion of any election. 
 
 55. Where in this Act any expressions are used requiring or authorizing or 
 inferring that any act or thing is to be done in the presence of the agents of 
 the candidates, such expressions shall be deemed to refer to the presence of 
 such agents of the candidates as may be authorized to attend, and as have in 
 fact attended, at the time and place where such act or thing is being done, 
 
 (1) Municipal Corporations Act, L. R. 10 C. P. 209 ; 44 L. J. C. P. 
 1882 (45 & 46 Vict. c. 50), third 171 ; 32 L. T. 325 ; 23 W. R. 620. 
 schedule, part III., § 3, post. (3) 45 & 46 Vict. c. 50, s. 58 (6), 
 
 (2) Clementson v. Mason (1875), post.
 
 294 Appendix I. 
 
 35 & 36 Vict, and the non-atteiulance of any agents or agent at such time and place shall 
 
 0. 33. not, if such act or thing be otherwise duly done, in anywise invalidate the act 
 
 or thing done. 
 
 * * * * * * 
 
 57. In this Act— 
 
 ***** 
 
 The expression "agents of the candidates," used in relation to a polling 
 station, means agents appointed in pursuance of section eighty-five of 
 the Act of the session of the sixth and seventh years of the reign of 
 Her present Majesty, chapter eighteen. 
 
 Note. Omitted portion of Rule. — The omitted portion of the rule contains 
 definitions inapplicable to municipal elections. 
 
 Candidates' Agents. — As to the appointment of candidates' agents in the case 
 of a municipal election, see sect. 58 of the Municipal Corporations Act, 1882. 1 
 
 PART II. 
 Rules for Municipal Elections. 
 
 64. In the application of the provisions of this schedule to municipal 
 elections the following modifications shall be made : — 
 
 (a.) The expression " register of voters " means the burgess roll of the 
 burgesses of the borough, or, in the case of an election for the ward 
 of a borough, the ward list ; and the mayor shall provide true 
 copies of such register for each polling station : 
 
 (&•) All ballot papers and other documents which, in the case of a parlia- 
 mentary election, are forwarded to the Clerk of the Crown in 
 Chancery shall be delivered to the town clerk of the municipal 
 borough in which the election is held, and shall be kept by him 
 among the records of the borough ; and the provisions of part one 
 of this schedule with respect to the inspection, production, and 
 destruction of such ballot papers and documents, and to the copies of 
 such documents, shall apply respectively to the ballot papers and 
 documents so in the custody of the town clerk, with these modifica- 
 tions ; namely, 
 
 (a.) An order of the county court having jurisdiction in the 
 borough, or any part thereof, or of any tribunal in which a 
 municipal election is questioned, shall be substituted for an order of 
 the House of Commons or of one of Her Majesty's Superior Courts ; 
 but an appeal from such county court may be had in like manner as 
 in other cases in such county court; 
 
 (&.) The regulations for the inspection of documents and the fees 
 for the supply of copies of documents of which copies are directed 
 to be supplied, shall be prescribed by the council of the borough 
 with the consent of one of Her Majesty's Principal Secretaries of 
 State ; and, subject as aforesaid, the town clerk, in respect of the 
 custody and destruction of the ballot papers and other documents 
 coming into his possession in pursuance of this Act, shall be subject 
 to the directions of the council of the borough : 
 
 (c.) Nothing in this schedule with respect to the day of the poll 
 shall apply to a municipal election. 
 
 Note. Application of Act. — As to the application of the Act to municipal 
 elections, see the note to the heading of the Act, ante, p. 273. 
 
 (1) 45 & 46 Vict. c. 50, s. 58 (6), post.
 
 The Ballot Act, 1872. 
 
 295 
 
 35 & 36 Vict. 
 c. 33. 
 
 SECOND SCHEDULE. 
 
 Note. Forms. — As to the forms given in this schedule, see sects. 2 and 28, 
 and the notes to those sections. 
 
 *Note. — The forms contained in this schedule, or forms as nearly resembling • This note is 
 the same as circumstances will admit, shall be used in all cases to which they contained in the > 
 refer and are applicable, and when so used shall be sufficient in law. copies of The Act. 
 
 o&o 
 
 FORM OF BALLOT PAPER. 
 Form of Front of Ballot Paper. 
 
 BEOWN 
 
 (John Brown, of 52, George St., 
 Bristol, merchant.) 
 
 JONES 
 
 (William David Jones, of High Elms, 
 Wilts, Esq.) 
 
 MEETON 
 
 (Hon. George Travis, commonly called 
 
 Viscount Merton, of Swanworth, 
 
 Berks.) 
 
 OJO. 
 
 SMITH 
 
 (Henry Sydney Smith, of 72, High 
 Street, Bath, attorney.) 
 
 Counterfoil No. 
 
 Note. — The 
 counterfoil is to 
 nave a number to 
 correspond with 
 that on the hack 
 of the ballot 
 paper. 
 
 No. 
 
 Form of Back of Ballot Paper. 
 
 Election for 
 
 IS 
 
 county [or borough, or ward]. 
 
 *Note. — The number on the ballot paper is to correspond with that in the * This note is 
 counterfoil. contained in the 
 
 Queen s Printers 
 copies of the Act. 
 
 Directions as to printing Ballot Paper. 
 
 Nothing is to be printed on the ballot paper except in accordance with this 
 schedule. 
 
 The surname of each candidate, and if there are two or more candidates of 
 the same surname, also the other names of such candidates, shall be printed 
 in large characters, as shown in the form, and the names, addresses, and 
 descriptions, and the number on the back of the paper, shall be printed in 
 small characters.
 
 296 Appendix I. 
 
 35 & 30 Vict. 
 
 c. 33. Form of Directions for the Guidance of the Voter in voting, which shall be printed 
 
 in conspicuous Characters, and placarded outside every Polling Station and 
 in every Compartment of every Polling Station. 
 
 The voter may vote for candidate 
 
 The voter will go into one of the compartments, and, with the pencil 
 provided in the compartment, place a cross on the right-hand side, opposite 
 the name of each candidate for whom he votes, thus X 
 
 The voter will then fold up the ballot paper so as to show r the official mark 
 on the back, and leaving the compartment will, without showing the front of 
 the paper to any person, show the official mark on the back to the presiding 
 officer, and then, in the presence of the presiding officer, put the paper into 
 the ballot box, and forthwith quit the polling station. 
 
 If the voter inadvertently spoils a ballot paper, he can return it to the 
 officer, who will, if satisfied of such inadvertence, give him another paper. 
 
 If the voter votes for more than candidate , or places any mark on 
 
 the paper by which he may be afterwards identified, his ballot paper will be 
 void, and will not be counted. 
 
 If the voter takes a ballot paper out of the polling station, or deposits in 
 the ballot box any other paper than the one given him by the officer, he will 
 be guilty of a misdemeanour, and be subject to imprisonment for any term 
 not exceeding six months, with or without hard labour. 
 
 * Tin's note is *Note. — These directions shall be illustrated by examples of the ballot paper, 
 contained in Vie 
 Queen's Printers' 
 coj ics of the Act. Form of Statutory Declaration of Secrecy. 
 
 I solemnly promise and declare, That I will not at this election for 
 do anything forbidden by section four of The Ballot Act, 1872, which has 
 been read to me. 
 77/1.1 note is *2fote. — The section must be read to the declarant by the person taking the 
 contained in trie , . ,. 
 Queen'* Printer* declaration. 
 cup id of Hie Act. 
 
 Form of Declaration of Inability to read. 
 
 I, A.B., of , being numbered on the Register of Voters 
 
 for the county [or borough] of , do hereby declare that I am 
 
 unable to read. 
 
 A.B., his mark, 
 day of 
 I, the undersigned, being the presiding officer for the polling 
 
 station for the county [or borough] of , do hereby certify, that 
 
 the above declaration, having been first read to the above-named A.B., was- 
 signed by him in my presence with his mark. 
 
 Signed. CD., 
 Presiding officer for polling station. 
 
 for the county [or borough] of 
 day of
 
 ( 297 ) 
 
 43 & 46 Vict. 
 
 c. 50. 
 
 THE MUNICIPAL COPOKATIONS ACT, 1882. 
 
 45 & 4G Vict. c. 50. 
 
 An Act for consolidating, tcith amendments, enactments relating to 
 Municipal Corporations in England and Wales. 
 
 [18th August, 1882.] 
 
 Note. Application of the Act. — By sub-sect. (4) of sect. 48 of the 
 Local Government Act, 1894, 1 the provisions of the present Act with respect 
 to certain subjects in that sub-section enumerated, and sect. 56 of the 
 present Act, are, subject to the provisions of that Act and subject to adapta- 
 tions, alterations, and exceptions to be made by rules framed by the Local 
 Government Board under that Act, rendered applicable in the case of 
 guardians, district councillors of a county district not a borough, members 
 of the Local Board of Woolwich, and members of a vestry under the 
 Metropolis Management Acts. 
 
 Sub-sect. (3) of the same section similarly renders sects. 74 and 75, anil 
 Part IV. of the present Act as amended by the Municipal Elections (Corrupt 
 and Illegal Practices) Act, 1884, 2 applicable, subject to modifications, to 
 every election regulated by rules framed under the Local Goverment Act, 
 1894, " in like manner as in the case of a municipal election." Sects. 74 
 and 75, and Part IV. of the Act are therefore applied to the elections of 
 members of the various authorities above referred to ; 3 and also to the 
 election of parish councillors, 4 and of auditors required to be elected by the 
 Metropolis Management Acts, 5 and, apparently, to some extent at all events, 
 to every poll consequent on a parish meeting. 6 
 
 The same sub-section also renders the Ballot Act, 1872 7 subject to modifica- 
 tions, applicable to the same elections " in like manner as in the case of a 
 municipal election." The provisions of the present Act relating to the 
 application of the Ballot Act to municipal elections will therefore to some 
 extent apply to the above mentioned elections, and to a poll consequent on a 
 parish meeting. 
 
 Only such portions of the Act as contain provisions which appear to be 
 thus applied by the Local Government Act, 1894, or as are necessary to 
 render such provisions intelligible, are set out below. It is, however, almost 
 always a matter of some difficulty to determine how much of an Act relates 
 to a given subject ; and it is very probable that portions of the Act have 
 been included in the present work that ought to have been omitted, and vice 
 versa. 
 
 The Act has necessarily been annotated almost exclusively with reference 
 to municipal elections and the office of borough councillor. 
 
 Previous Legislation. — The present Act, though making certain amend- 
 ments in the law, is mainly a consolidation Act, repealing and replacing the 
 provisions of the Municipal Corporations Act, 1835, 8 and numerous amending 
 Acts; decisions on the earlier Acts remain accordingly to a large extent 
 authorities on the interpretation of the present Act. 
 
 (1) 56 & 57 Vict. c. 73, s. 48 (4). (5) lb. s. 31 (1). 
 
 (2) 47 & 48 Vict. c. 70, post. (6) lb. s. 48 (8> 
 
 (3) 56 & 57 Vict. c. 73, ss. 20 (5), (7) 35 & 36 Vict. c. 33. 
 23 (5), 24 (4), 30, 31 (1). (8) 5 & 6 Will. IV. c. 76. 
 
 (4) lb. s. 3 (6).
 
 298 Appendix I. 
 
 45 « 46 Vict. 
 
 c. 50. PART I. 
 
 Preliminary. 
 ****** 
 Interpretation Sect. 7. — (1.) In this Act— 
 
 and construction. " Borough " means, unless a contrary intention appears, a city or town 
 to which this Act applies : 
 
 " Municipal corporation" means the body corporate constituted by the 
 incorporation of the inhabitants of a borough : 
 
 "Municipal Corporations Act, 1835," means the recited Act of King 
 William the Fourth, the date of the passing wbereof is the ninth of 
 September, one thousand eight hundred and thirty-five : 
 
 " Municipal Corporations Acts " means this Act and any Act to be 
 passed amending this Act : 
 
 " Burgess " includes citizen : 
 
 " Coporate seal " means the common seal of a municipal coporation : 
 
 " Corporate office " means the office of mayor, alderman, councillor, 
 elective auditor, or revising assessor : 
 
 " Corporate land " means land belonging to or held in trust for a 
 municipal corporation : 
 
 " Municipal election " means an election to a coporate office : 
 
 " Parliamentary borough " means any borough, city, county of a city, 
 county of a town, place, or combination of places, returning a member to 
 serve in Parliament, and not being a county at large, or a riding, parts, 
 or division of a county at large : 
 
 " Parliamentary election " means an election of a member to serve in 
 Parliament : 
 
 "Parish" means any place for which a separate poor rate is or can 
 be made : 
 
 " Overseers " means overseers of the poor of a parish, township, or 
 place, and includes all persons who execute the duties of overseers : 
 
 " County " does not include a county of a city or county of a town, 
 but includes a riding, parts, division, or liberty of a county : 
 
 " Trustees " means trustees, commissioners, or directors, or the persons 
 charged with the execution of a trust or public duty, however designated : 
 
 " Person " includes a body of persons corporate or unincorporate : 
 
 " Treasury *' means the Commissioners of Her Majesty's Treasury : 
 
 " The Secretary of State " means one of Her Majesty's Principal 
 Secretaries of State : 
 
 " High Court " means Her Majesty's High Court of Justice : 
 
 " Justice " means one of Her Majesty's justices of the peace : 
 
 " Borough civil court " means an inferior court of record for the trial 
 of civil actions which by charter, custom, or otherwise, is or ought to be 
 holden in a borough, but does not include a county court : 
 
 " Bank of England " means the governor and company of the Bank 
 of England : 
 
 "Schedule" means schedule to this Act, and "Part" means part of 
 this Act : ■ 
 
 "Writing" includes print, and " written " includes printed. 
 
 (2.) Words in this Act referring to a borough municipal corporation, 
 authority, officer, or office, shall be construed di^tributivt-ly as referring to 
 each borough, corporation, authority, officer, or office to which or to whom 
 the provision is applicable. 
 
 (3.) Words in this Act referring to a parish shall be construed, unless a 
 contrary intention appears, as referring to every parish situate wholly or 
 in part in a borough. 
 
 (4.) The schedules shall be read and have effect as if they were part of 
 this Act. 
 
 Note. Definitions. — Certain further definitions applicable to the inter- 
 pretation of Part IV. of the Act are contained in sect. 77.
 
 The Municipal Corporations Ad, 1882. 299 
 
 PART II. 
 
 45 &; 46 Vict. 
 c. 50. 
 
 Constitution and Government of Borough. 
 ****** 
 Sect. 34. — (1.) Every qualified person elected to a corporate office, Obligation to 
 unless exempt under this section or otherwise by law, either shall accept ^'^J^ 06 or 
 the office by making and subscribing the declaration required by this 
 Act within five days after notice of election, or shall, in lieu thereof, 
 be liable to pay to the council a fine of such amount not exceeding, in 
 case of an alderman, councillor, elective auditor, or revising assessor, 
 fifty pounds, and in case of a mayor one hundred pounds, as the council 
 by byelaw determine. 
 
 (2.) If there is no byelaw determining fines, the fiue, in case of an 
 alderman, councillor, elective auditor, or revising assessor, shall be twenty 
 five pounds, and in case of a mayor fifty pounds. 
 (3.) The persons exempt under this section are — 
 (a.) Any person disabled by lunacy or imbecility of mind, or by Supplemental 
 
 deafness, blindness, or other permanent infirmity of body ; and and exceptional 
 (6.) Any person who, being above the age of sixty-five years, or having p 
 within five years before the day of his election either served 
 the office or paid the fine for non-acceptance thereof, claims 
 exemption within five days after notice of his election. 
 (4.) A fine payable under this section shall be recoverable summarily. 
 
 Note. Acceptance of Office. — As to the declaration of acceptance of office, 
 see sect. 35. 
 
 As to the computation of the five davs after notice of election, see sect. 
 230. 
 
 Mere casual information is not notice of election within the meaning of the 
 present section ; to incur a penalty for non-acceptance of office, the person 
 elected must have been present at the declaration of the result of the election 
 or have received notice of it from some official source. 1 
 
 Non-acceptance of office creates a casual vacancy : see sect. 40 (3). 
 
 Exemptions from Compulsory Acceptance of Office. — Certain further exemp- 
 tions from compulsory acceptance of office are contained in sects. 36 (3) and 
 253, post. In addition to the exemptions provided for by the present Act, the 
 following statutory exemptions may be mentioned : — Commissioners and 
 officers of customs, 2 Inland Revenue Commissioners and persons in their 
 employ, 3 and post office officials 4 are exempt from compulsory service in any 
 public office. Dentists registered under the Dentists Act, 1878, 5 medical 
 practitioners registered under the Medical Act, 1858, a and registrars of births 
 and deaths and of marriages, 7 are exempt from compulsory service in any 
 corporate office. Factory inspectors are exempt from compulsory service in 
 any municipal office. 8 And persons in the Army reserve are exempt from 
 compulsory service in any borough office. 9 
 
 Recovery of Fine. — As to the recovery of a fine incurred under the present 
 section, see sec. 219. 
 
 Sect. 35. A person elected to a corporate office shall not, until he has Declaration on 
 made and subscribed before two members of the council, or the town clerk, acceptance of 
 a declaration as in the Eighth Schedule, act in the office except in office - 
 administering that declaration. 
 
 (1) Reg. v. Precce (1843), 5 Q. B. s. 12. 
 
 94 ; D. & M. 156 ; 12 L. J. Q. B. 335 ; (5) 41 & 42 Vict. c. 33, s. 30. 
 
 7 Jur. 896, decided under 5 & 6 (6) 21 & 22 Vict. c. 90, s. 35. 
 
 Will. IV. c. 76, s. 31, now repealed. (7) 7 Will. IV. and 1 Vict. c. 22, 
 
 (2) 39 & 40 Vict. c. 36, s. 9. s. 18 
 
 (3) 53 & 54 Vict. c. 21, s. 8. (8) 41 Vict. c. 16, s. 67. 
 
 (4) 7 Will. IV. and 1 Vict. c. 33, (9) 45 & 46 Vict. c. 48, s. 7.
 
 300 Appendix 1. 
 
 45 & 46 Vict. Note. Declaration of Acceptance of Office. — Sect. 41 provides a penalty 
 c. 50. for acting before having made the declaration. As to the authority of the 
 
 town clerk or members of the council to receive the declaration, see sect. 
 239. 
 
 Fine on resigna- Sect. 36. — (1.) A person elected to a corporate office may at any time, 
 tion, &c. by writing signed by him and delivered to the town clerk, resign 
 
 the office, on payment of the fine provided for non-acceptance thereof. 
 
 (2.) In any such case the council shall forthwith declare the office to 
 be vacant, and signify the same by notice in writing, signed by three 
 members of the council and countersigned by the town clerk, and fixed 
 on the town hall, and the office shall thereupon become vacant. 
 
 (3.) No person enabled by law to make an affirmation instead of taking 
 an oath shall be liable to any fine for non-acceptance of office by reason 
 of his refusal on conscientious grounds to take any oath or make any 
 declaration required by this Act or to take on himself the duties of 
 the office. 
 
 Note. Resignation. — The provisions of the section as to the resignation 
 of office are inapplicable to guardians and rural district councillors, see 
 sect. 48 (4) of the Local Government Act, 1894, ante. 
 
 An attempt to resign office under the present section is ineffectual, if the 
 fine is not paid, and the resignation is not accepted. 1 The resignation, how- 
 ever, is completed by the delivery of the writing to the town clerk and 
 payment of the fine, and cannot afterwards be withdrawn, even with the 
 consent of the council. 2 As to resignation by a person who is disqualified for 
 office, see the cases cited below. 3 
 
 Re-eligibility of Sect. 37. A person ceasing to hold a corporate office shall, unless 
 office holders disqualified to hold the office, be re-eligible. 
 
 * * * * * * 
 
 Filling of casual Sect. 40 — (1.) On a casual vacancy in a corporate office, an election 
 
 vacancies. shall be held by the same persons and in the same manner as an election to 
 
 fill an ordinary vacancy ; and the person elected shall hold the office 
 
 until the time when the person in whose place he is elected would 
 
 regularly have gone out of office, and he shall then go out of office. 
 
 (2.) In case of more than one casual vacancy in the office of councillor 
 being filled at the same election, the councillor elected by the smallest 
 number of votes shall be deemed to be elected in the place of him who 
 would regularly have first gone out of office, and the councillor elected 
 by the next smallest number of votes shall be deemed to be elected in 
 the place of him who would regularly have next gone out of office, and 
 so with respect to the others ; and if there has not been a contested 
 election, or if any doubt arises, the order of rotation shall be determined 
 by the council. 
 
 (3.) Non-acceptance of office by a person elected creates a casual 
 vacancy. 
 
 Note. Casual Vacancy — The time within which a casual vacancy is to 
 be filled is prescribed by sect. 66, post. 
 
 Where a casual vacancy in an office to which the present section is applied 
 by the Local Government Act, 1894, occurs within six months before the 
 ordinary day of retirement from the office, a special election to fill the 
 vacancy is not to be held ; but the vacancy is to be filled at the next ordinary 
 election. 4 
 
 (1) Fulcherv. Saunders (1885), 49 2 Q. B. 55; 36 L. J. Q. B. 18; 15 
 J. P. 424. L. T. 242 ; 15 W. R. 105 ; 7 B. & S. 
 
 (2) Reg. v. Wigan (Mayor, <£c.) 922; Hardwick v. Brown (1873), 
 (1885), 14 Q. B. D. 908 ; 54 L. J. Q. B. L. R. 8 C. P. 406 ; 28 L. T. 502 ; 
 338 ; 52 L. T. 435 ; 33 W. R. 547 ; 21 W. R. 639. 
 
 49 J. P. 372. (4) 56 & 57 Vict. c. 73, s. 48 (4). 
 
 (3) Reg. v. Blizzard (1866) L. R.
 
 The Municipal Corpoi ations Act, 1882. 301 
 
 The present Act makes no provision for filling a casual vacancy at an ordinary 4j & 40 \ ict. 
 election ; and it may be doubted whether elections to fill a casual vacancy and <*• 50. 
 
 ordinary vacancies among the councillors of a borough can be properly held 
 simultaneously unless they are kept completely distinct. At all events if a 
 casual vacancy and ordinary vacancies among the councillors of a borough 
 were filled at the same election, and the electors were not warned that one of 
 the vacancies was a casual vacancy and enabled to record their votes so as 
 to show whether they wished a candidate to fill the casual vacancy, or an 
 ordinary vacancy, the whole election might be set aside. 1 
 
 Sect. 41.— (1.) If any person acts in a corporate office without having J*^*?^ 
 made the declaration by this Act required, or without being qualified at ^ cting in offit . e . 
 the time of making the declaration, or after ceasing to be qualified, or after 
 becoming disqualified, he shall for each offence be liable to a fine not 
 exceeding fifty pounds, recoverable by action. 
 
 Note. Declaration Accepting Office. — As to this declaration, see sect. 
 35, ante. 
 
 Application of Section. — Sub-section (1) will apparently be applicable, 
 subject to any modification that may be made, to persons elected to any of the 
 offices referred to in sect. 48 (4) of the Local Government Act, 1894, as regards 
 acting without! making the required declaration, but not otherwise. The 
 omitted portion of the section is clearly inapplicable to persons elected to 
 such offices. 
 
 Recovery of Fine. — As to the recovery of a fine under this section, see 
 sect. 224. 
 
 PAKT III. 
 
 Pkeparations for and Procedure at Elections. 
 
 Sect. 56.— (1.) If the number of valid nominations exceeds that of the Belation of 
 
 nominaii "' 
 election. 
 
 vacancies, the councillors shall be elected from among the persons no 
 
 nominated. 
 
 (2.) If the number of valid nominations is the same as that of the 
 vacancies, the persons nominated shall be deemed to be elected. 
 
 (3.) If the number of valid nominations is less than that of the 
 vacancies, the persons nominated shall be deemed to be elected, and such 
 of the retiring councillors for the borough or ward as were highest on the 
 poll at their election, or, if the poll was equal, or there was no poll, as 
 are selected for that purpose by the mayor, shall be deemed to be re- 
 elected to make up the required number. 
 
 (4.) If there is no valid nomination, the retiring councillors shall be 
 deemed to be re-elected. 
 
 Note. Application of Section. — The present section is expressly applied 
 by sect. 48 (4) of the Local Government Act, 1894, subject to modifications, 
 in the case of guardians, district councillors of a county district not a 
 borough, members of the local board of Woolwich, and members of a metro- 
 politan vestry under the Metropolis Management Acts. 
 
 Retiring Councillor. — As to the effect of the provision as to the continuance 
 
 in office of retiring councillors where one of the retiring councillors has 
 
 become disqualified, see the case cited below. 2 
 
 ****** 
 
 (1) See Rowley v. Reg. (1844), 6 34 L. T. 444 ; 24 W. R. 363. 
 
 Q. B. 668 ; 14 L. J. Q. B. 62 ; 8 Jur. (2) Reg. v. Welchpool (Mayor), 
 
 1170; Reg. v. Rippon (1876), 1 (1876), 35 L. T. 594. 
 q. B. D. 217; 45 L. J. Q. B. 188;
 
 302 Appendix I. 
 
 45 & 46 Vict. Sect. 58.— (1.) If an election of councillors is contested, the poll shall, 
 c. 50. as far as circumstances admit, be conducted as the poll at a contested par- 
 
 Mode of con- liamentary election is by the Ballot Act, 1872, directed to be conducted, 
 ducting poll at and, subject to the modifications expressed in Fart III. of the Third 
 contested elec- Schedule, and to the other provisions of this Act, the provisions of the 
 35 & 36 Vict. Ballot Act, 1872, relating to a poll at a parliamentary election (including 
 c 33. the provisions relating to the duties of the returning officer after the close 
 
 of the poll), shall apply to a poll at an election of councillors. 
 
 (2.) Every person entitled to vote may vote for any number of candi- 
 dates not exceeding the number of vacancies. 
 
 (3.) The poll shall commence at nine o'clock in the forenoon and close 
 at four o'clock in the afternoon of the same day. 
 
 (4.) But if one hour elapses during which no vote is tendered, and the 
 returning officer has not received notice that any person has within that 
 hour been prevented from coming to the poll by any riot, violence, or other 
 unlawful means, the returning officer may, if he thinks fit, close the poll 
 at any time before four o'clock. 
 
 (5.) Where an equality of votes is found to exist between any candidates, 
 and the addition of a vote would entitle any of those candidates to be de- 
 clared elected, the returning officer, whether entitled or not to vote in the 
 first instance, may give such additional vote by word of mouth or in 
 writing. 
 
 (6.) Nothing in the Ballot Act, 1S72, as applied by this Act, shall be 
 deemed to authorise the appointment of any agents of a candidate at a 
 municipal election ; but if, in the case of a municipal election, an agent of 
 a candidate is appointed, and notice in writing of the appointment is 
 given to the returning officer, one clear day before the polling day, then 
 the provisions of the Ballot Act, 1872, with respect to agents of candidates, 
 shall, as far as regards that agent, apply in the case of that election. 
 
 Note. Application of the Section. — The present section has no direct 
 application under the Local Government Act, 1894 ; but by section 48 of 
 that Act, the Ballot Act, 1872, 1 is, subject to modifications, rendered applicable 
 to every election regulated by rules framed under that Act, and also to every 
 poll consequent on a parish meeting, " in like manner as in the case of a 
 municipal election." The present section, so far as it relates to the 
 application of the Ballot Act in the case of a municipal election, is therefore 
 indirectly applied by the Local Government Act, 1894, in the cases above 
 mentioned. 
 
 No question can arise as to the applicability of sub-sect. (2), under the Local 
 Government Act, 1894; inasmuch as that Act contains express provisions to 
 the like effect. 2 
 
 Sub-sects. (3) and (4) are impliedly repealed by the Elections (Hours of 
 Poll) Act, 1885, 3 which now prescribes the period during which the poll at 
 a municipal election is to be kept open. That Act is to apply to elections 
 to metropolitan vestries under the Metropolis Management Acts. 4 But in 
 other cases the time during which a poll is to be kept open, for the purposes 
 of the Local Government Act, 1894, is to be determined in accordance with 
 sect. 48 (2) (z'u.) of that Act. 
 
 Whether sub-sect. (5) will apply in the case of an election under the Local 
 Government Act, 1894, or of a poll consequent on a parish meeting seems 
 doubtful. 
 
 Sub-sect. (6), which directly relates to the Ballot Act, will no doubt apply 
 in such cases. 
 
 Appointment of Agents. — The effect of the provision in sub-sect. (6), that 
 "nothing in the Ballot Act, 1872, as applied by this Act shall be deemed to 
 authorize the appointment of any agents of a candidate at a municipal 
 election " is difficult to perceive, since the latter part of the section practically 
 authorizes the appointment of such agents. The portions of the Ballot Act, 
 
 (1) 35 & 36 Vict. c. 33. 31 (1). 
 
 (2) 56 & 57 Vict. c. 73, ss. 2 (2), (3) 48 Vict. c. 10. 
 
 20 (4), 23 (4), and see ss. 24 (4), 30, (4) 56 & 57 Vict. c. 73, s. 31 (1).
 
 The Municipal Corporations Act, 1882. 303 
 
 1872, applicable to municipal elections, contain various provisions as to 45 & 46 \ ict. 
 candidates' agents. 1 
 
 As to the responsibility of a candidate for the acts of persons acting as his 
 agents, whether specially appointed as such or not, see the note to sect. 100. 
 
 Sect. 59.— (1.) At an election of councillors, the presiding officer shall, Q^^^ 53 ^' :U 
 if required by two burgesses, or by a candidate or his agent, put to any ^ re- p 
 person offering to vote, at the time of his presenting himself to vote, but 
 not afterwards, the following questions, or either of them : 
 
 (a.) Are you the person enrolled in the burgess [or ward J roll now in 
 force for this borough [or ward] as follows [read the whole entry 
 from the roll] ? 
 
 (6.) Have you already voted at the present election [add, in case of an 
 election for several wards, in this or any other ward] ? 
 
 (2.) The vote of a person required to answer either of these questions 
 shall not be received until he has answered it. 
 
 (3.) If any person wilfully makes a false answer thereto he shall be 
 guilty of a misdemeanour. 
 
 (4.) Save as by this Act authorized, no inquiry shall be permitted at 
 an election as to the right of any person to vote. 
 
 Note. Application of section. — Whether this section can be regarded as 
 
 relating to the application of the Ballot Act, 1872, to municipal elections, so 
 
 as to be applicable in the cases in which that Act is applied by sect. 48 (3) 
 
 of the Local Government Act, 1894, seems doubtful. 2 
 
 ****** 
 
 Sect. 66. — (1.) On a casual vacancy in a corporate office, the election Time for filling 
 shall be held within fourteen days after notice in writing of the vacancy casual vacancies, 
 has been given to the mayor or town clerk by two burgesses. 
 
 (2.) Where the office vacant is that of mayor, the notice of the meeting 
 for the election shall be signed by the town clerk. 
 
 (3.) In other cases the day of election shall be fixed by the mayor. 
 
 Note. Casual vacancies. — As to the filling of casual vacancies, see sect. 40. 
 
 As to the computation of time, see sect. 230. 
 
 ****** 
 
 Sect. 74. — (1.) If any person forges or fraudently defaces or fraudu- Offences in 
 lently destroys any nomination paper, or delivers to the town clerk any relation to 
 forged nomination paper, knowing it to be forged, he shall be guilty of a p°perst 1U " 
 misdemeanour, and shall be liable to imprisonment for any term not 
 exceeding six months, with or without hard labour. 
 
 (2.) An attempt to commit any such offence shall be punishable as the 
 offence is punishable. 
 
 Note. Application of Section. — This and the next section are, by 
 sect. 48 (3) of the Local Government Act, 1894, expressly applied, subject to 
 modifications, to all elections regulated by rules framed under that Act. 
 
 Sect. 75. — (1.) If a mayor or revising assessor neglects or refuses to offences in 
 revise a parish burgess list, or a mayor or alderman neglects or refuses to relation to lists 
 conduct or declare an election, as required by this Act, he shall for every and elections. 
 such offence be liable to a fine not exceeding one hundred pounds, 
 recoverable by action. 
 
 ( 2 -) If — 
 (a.) An overseer neglects or refuses to make, sign, or deliver a parish 
 
 burgess list, as required by this Act ; or 
 
 (1) 35 & 36 Vict. c. 33, s. 4, and (2) See the note to the preceding 
 
 first schedule, rules 21, 29, 32, 33, section. 
 34, 36, 51, 53, 54, 55, ante.
 
 304 Appendix I. 
 
 45 & 46 Vict. (&,) A town clerk neglects or refuses to receive, print, and publish, a 
 
 «'• 50. parish burgess list or list of claimants or respondents, as 
 
 required by this Act ; or 
 (c.) An overseer or town clerk refuses to allow any such list to be 
 inspected by a person having a rijyht thereto; 
 he shall for every such neglect or refusal be liable to a fine not exceeding 
 fifty pounds, recoverable by action. 
 
 (3.) An action under this section thall not lie after three months from 
 the neglect or refusal. A moiety of any fine recovered therein shall, after 
 payment of the costs of action, be paid to the plaintiff. 
 
 Note. Application of Section. — See the note to sect. 74. 
 
 Misconduct of Returning Officer, §c. — As to penalties on returning officers 
 and other officials for misconduct connected with elections, and as to their 
 liability to actions for breach of duty, see sect. 11 of the Ballot Act, 1872, ' 
 and the note to that section, ante. 
 
 PART IV. 
 
 Corrupt Practices and Election Petitions. 
 
 Note. Corruption at Elections and Election Petitions. — The enactments 
 contained in the present part, which is a re-enactment with but very slight 
 modifications of the Corrupt Practices (Municipal Elections) Act, 1872, 2 and 
 in the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, 3 by 
 which this part is amended, consist in the main of an adaptation to municipal 
 elections, with suitable modifications, of corresponding enactments relating to 
 parliamentary elections. A few observations on the latter enactments will 
 therefore not be out of place. 
 
 Formerly, questions as to the validity of parliamentary elections did not 
 cnme before courts of law, but were taken cognizance of by the House of 
 Commons exclusively. Originally such questions were dealt with by the 
 whole House, and were usually decided in practice, if not in theory, on 
 political grounds. Between 1770, when the first statute dealing with the 
 subject was passed, 4 and 1868, the jurisdiction of the House over election 
 petitions was delegated to select committees by whom such petitions were 
 heard and determined in a quasi-judicial manner. Many of the decisions of 
 such committees have been reported, and are still, though to a great extent 
 superseded by more recent decisions and by statutory provisions, treated as 
 authorities on election law. 
 
 Now, under the Parliamentary Elections Act, 1868, 5 as amended in certain 
 details by subsequent legislation, parliamentary election petitions in England 
 are presented in the High Court, and are tried by an election court consisting 
 of two judges 6 sitting without a jury. There is no appeal from the judges' 
 decisions ; but questions of law may be reserved by them as in the case of a 
 trial at nisi prius, or, when the case raised by the petition admits, the petition 
 may be stated as a special case. Points of law and special cases thus reserved 
 or stated are decided by a divisional court of the Queen's Bench Division, 
 exercising the jurisdiction formerly vested in the Court of Common Pleas 
 and from the decisions of the Queen's Bench Division, an appeal lies, with 
 leave, to the Court of Appeal. 7 
 
 (1) 35 & 36 Vict. c. 33, s. 11. Corrupt Practices Act, 1879 (42 & 43 
 
 (2) 35 & 36 Vict. c. 60, repealed Vict. c. 75), s. 2. Before the passing 
 by the present Act. of that Act petitions were tried by 
 
 (3) 47 & 48 Vict. c. 70, post. one judge only. 
 
 (4) 10 Geo. III., c. 16, commonly (7) Parliamentary Elections Act, 
 called "Grenville's Act," now re- 1868 (31 & 32 Vict. c. 125), ss. 11 
 pealed. (16) 12 ; Supreme Court of Judica- 
 
 (5) 31 & 32 Vict. c. 125. ture Act, 1881 (44 & 45 Vict. c. 68) 
 
 (6) Parliamentary Elections and s. 14; and see the note to s. 93, post
 
 The Municipal Corporations Act, 1882. 305 
 
 Petitions in Scotland and Ireland are dealt with by the superior courts iu 45 & 46 Vict. 
 those countries in a corresponding manner. c - 5U - 
 
 The reports of the decisions of the judges before whom election petitions 
 have been tried, and of the Courts by whom points of law, special cases and 
 interlocutory applications connected with such petitions have been decided, 
 now form a body of case law of considerable bulk, the greater part of which 
 applies to municipal as well as to parliamentary elections. 
 
 By far the greater number of parliamentary petitions are based on allega- 
 tions that the election in question is vitiated by acts of corruption or other 
 offences against election law; and the decisions of the judges on such petitions 
 deal for the most part with questions as to how far the evidence before them 
 establishes that such offences have been committed, or that the candidate 
 whose election is questioned is responsible for such offences. 
 
 Application of Part IV. — As to the application, under the Local Govern- 
 ment Act, 1894, of the present part of the Act to elections of parish 
 councillors and others, see the note to the heading of the Act, ante. 
 
 At present, Part IV. of the Act as amended by the Municipal Election 
 (Corrupt and Illegal Practices) Act, 1884, is applied with modifications to 
 various non-municipal elections by sect. 36 of the last mentioned Act. 1 
 That section, except so far as it relates to schoolboards, appears, however, to 
 be impliedly repealed by the Local Government Act, 1894. 
 
 Corrupt Fractices. 
 
 Sect. 77. In thia Part— 
 
 "Bribery," " treating," "undue influence," and " persona Lion," include Definitions. 
 respectively anything done before, at, after, or with respect to a municipal 
 election, which if done before, at, after, or with respect to a parliamentary 
 election would make the person doing the same liable to any penalty, 
 punishment, or disqualification for bribery, treating, undue influence, or 
 personation, as the case may be, under any Act for the time being in force 
 
 with respect to parliamentary elections : 
 
 * * * * * * 
 
 " Candidate " means a person elected, or having been nominated, or 
 having declared himself a candidate for election, to a corporate office : 
 
 * * * * * * 
 
 " Voter " means a burgess or a person who votes or claims to vote at a 
 municipal election : 
 
 " Election court" means a court constituted under this part for the trial 
 of an election petition : 
 
 " Municipal election petition " or " election petition " means a petition 
 under this part complaining of an undue municipal election : 
 
 " Parliamentary election petition " means a petition under the Parlia- 31 & 32 Vict, 
 rnentary Fdections Act, 1868 : 
 
 " Prescribed " means prescribed by general rules made under this part : 
 
 " Borough" and "election " when used with reference to a petition mean 
 the borough and election to which the petition relates. 
 
 Note. Repeal. — The omitted portions of the present section contained 
 definitions of the expressions " corrupt practice " and " canvasser." They 
 are repealed by the Municipal Elections (Corrupt and Illegal Practices') Act, 
 1884, 2 which contains an extended definition of "corrupt practice" 3 and 
 repeals the sections of the present Act relating to canvassers. 
 
 Definitions. — Definitions of certain expressions employed in the present Act 
 are contained in sect. 7, ante. 
 
 Briber;/, §c. — The enactments defining bribery, treating, undue influence, 
 
 and personation applicable to municipal elections, are set out, post.* 
 ****** 
 
 (1) 47 & 48 Vict. c. 70, s. 36. (3) lb. s. 2. 
 
 (2) lb. s. 38. (4) lb. third schedule, part. I. 
 
 X
 
 306 
 
 Appendix I. 
 
 45 & 46 Vict. 
 c. 50. 
 
 Avoidance of 
 election for 
 general cor- 
 ruption. 
 
 Sect. 81. A municipal election shall he wholly avoided by such general 
 corruption, bribery, treating, or intimidation at the election as would by 
 the common law of parliament avoid a parliamentary election. 
 
 Note. Avoidance of Election for General Corruption. — As to the principle 
 of the common law under which an election may be set aside for general 
 corruption, &c, the following observations of Blackburn, J., may be quoted : ■ 
 " There is a principle . . . that if there has been general corruption, although 
 it does not appear to have been done by any agent, — I mean either general 
 corruption, preventing the election representing what it ought to represent, 
 that is, the feeling of the constituents ; or general intimidation, so that you 
 may say it is evident that the election is not a free one, — in that case, 
 although it is not brought home to the agent, the election would not be good 
 by the common law of Parliament. It must, however, be very difficult in such 
 a case to prove, and very difficult to be able to say whether or not a case is of 
 sufficient magnitude to amount to that." 
 
 Reference may also be made to the judgment in Woodward v. Sarsons, 2 
 from which extracts are given in the note to sect. 13 of the Ballot Act, 1872, 
 ante, and to the cases cited below. 3 
 
 Striking i ft" votes. Sect. 85. The votes of persons in respect of whom any corrupt practice 
 is proved to have been committed at a municipal election shall be struck 
 off on a scrutiny. 
 
 Note. Scrutiny. — With regard to a scrutiny, see the note to sect. 100. 
 The Municipal Elections (Corrupt and Illegal Practices) Act, 1884, 4 provides 
 for striking off the votes of persons guilty of corrupt practices or of certain 
 other offences. As to the construction of that enactment, and of the present 
 section, reference may be made to the case cited below. 4 
 
 Personation. Sect. 86. The enactments for the time being in force for the detection 
 
 of personation and for the apprehension of persons charged with persona- 
 tion at a parliamentary election shall apply in the case of a municipal 
 election. 
 
 Note. Personation. — The enactments at present in force dealing with the 
 matters referred to appear to be sects. 85-88 of the Parliamentary Registra- 
 tion Act, 1843. s See also sects. 15 and 24 of the Ballot Act, 1872.' 
 
 (1) Stafford Petition (Chawner v. 
 Meller) (1869), 1 O'M. & H. 228, at 
 p. 234; S. C. 21 L. T. 210. 
 
 (2) Woodward v. Sarsons (Bir- 
 mingham Municipal Petition) (1875), 
 L. R. 10 C. P. 733; 44 L. J. C. P. 
 293 ; 32 L. T. 867. 
 
 (3) Lichfield Petition (Anson v. 
 Dyott) (1869), 1 O'M. & H. 22 ; 20 
 L. T. 11; Bradford Petition (Storey 
 v. Forster) (1869), 1 O'M. & H. 35 ; 
 19 L. T. 723; Beverley Petition 
 (Hindv. Edwards) (1869), i O'M. & K. • 
 143 ; 20 L. T. 792 ; Stafford Petition 
 (Chawner v. Meller) (1869), 1 O'M. 
 & H. 228; 21 L. T. 210; Notting- 
 ham Petition (Toer v. Seely) (1869), 
 1 O'M. & H. 245 ; Drogheda Petition 
 (McClintock v. Whitworth) (1869), 
 1 O'M. & H. 252 ; Galway Petition 
 (Trench v. Nolan) (1872), 2 O'M. & 
 
 H. 46 ; Dudley Petition (Hingley v. 
 Sheridan) (1874), 2 O'M. & H. 115 ; 
 North Durham Petition (Burdon v. 
 Bell) (1874), 2 O'M. & H. 152 ; 31 
 L. T. 383 ; Thornkury Petition (Ackers 
 v. Howard) (1886), 4 O'M. & H. 65; 
 Ipswich Petition (Packard v. Collings) 
 (1886), 4 O'M. & H. 70; 54 L. T. 
 619. 
 
 (4) 47 & 48 Vict. c. 70, s. 22, 
 post. 
 
 (5) Malcolm v. Ingram (Boston 
 Petition) (1874), L. R. 9 C. P. 610; 
 43 L. J. C. P. 331 ; 31 L. T. 331, 
 decided under the Ballot Act, 1872 
 (35 & 36 Vict. c. 33), s. 25. 
 
 (6) 6 Vict. c. 18, ss. 85-88. 
 These sections are set out, ante, 
 pp. 283, 284. 
 
 (7) 35 & 36 Vict. c. 33, ss. 15, 
 24, ante.
 
 The Municipal Corporations Act, 1882. 307 
 
 45 & 46 Vict. 
 Election Petitions. c - J °- 
 
 Sect. 87. — (1.) A municipal election may be questioned by an election Power to ques- 
 petition on tli ground— election bv^ 1 
 
 (a.) That the election was as to the borough or ward wholly avoided by p et i ti o n . 
 
 general bribery, treating, undue iulluence, or personation ; or 
 (6.) That the election was avoided by corrupt practices or offences 
 
 against this part committed at the election ; or 
 (c.) That the person whose election is questioned was at the time of the 
 
 election disqualified ; or 
 (d.) That he was not duly elected by a majority of lawful votes. 
 (2.) A municipal election shall not be questioned on any of those grounds 
 ■except by an election petition. 
 
 Mote. Petition. — The Municipal Elections (Corrupt and Illegal Practices) 
 Act, 1884, extends the grounds upon which a municipal election may be 
 questioned by petition. 1 
 
 The interpretation put by the Court upon the section of the Corrupt 
 Practices (Municipal Elections) Act, 1872, 2 of which this section is a re-enact- 
 ment in slightly changed language, and upon the present section, has been 
 very wide ; and it is accordingly only in very exceptional cases that a petition 
 ■does not form the proper and only meaas of questioning a municipal election. 
 Thus it was held under the earlier enactment that an election might be 
 questioned by petition on the ground that the notice of election, required by 
 the enactment 3 corresponding to sect. 54 of the present Act, was misleading, 
 and had led to a candidate's nomination paper being delivered too late.* 
 Again, where the mayor of a borough was a candidate, and, acting as returning 
 •officer, gave a casting vote for himself, and declared himself elected, it was 
 held, under the present section, that the election could not be questioned 
 ■except by petition. 5 See also the cases cited below. 6 
 
 A petition may be presented against some only of a number of successful 
 candidates upon grounds that equally affect the election of all such candi- 
 dates, and upon such a petition the candidates petitioned against may be 
 unseated. 7 
 
 Where a petitioning candidate is seated on petition, a fresh petition cannot 
 ■be brought for the purpose of unseating him. 8 Under sect. 93 (10), however, 
 provision is made for the hearing of countercharges against a candidate for 
 whom the seat is claimed, at the trial of the original petition. 
 
 Sect. 88. — (1.) An election petition may be presented either by four or Presentation of 
 more persons who voted or had a right to vote at the election, or by a P etltion - 
 person alleging himself to have been a candidate at the election. 
 
 (2.) Any person whose election is questioned by the petition, and any 
 returning officer of whose conduct a petition complains, may be made a 
 respondent to the petition. 
 
 (3.) The petition shall be in the prescribed form and shall be signed by 
 the petitioner, and shall be presented in the prescribed manner to the 
 High Court in the Queen's Bench Division, and the prescribed officer shall 
 
 (1) 47 & 48 Vict. c. 70, ss. 8, 18, (6) Beg. v. Welchpool {Mayor, 0. 
 
 (3.) On the hearing of the application auy person who might have been 
 a petitioner in respect of the election may apply to the court to be 
 substituted as a petitioner, and the court may, if it thinks fit, substitute 
 him accordingly. 
 
 (4.) If the proposed withdrawal is in the opinion of the court induced 
 by any corrupt bargain or consideration, the court may by order direct 
 that the security given on behalf of the original petitioner shall remain 
 as security for any costs that may be incurred by the substituted 
 petitioner, and that to the extent of the sum named in the security, the 
 original petitioner and his sureties shall be liable to pay the costs of the 
 substituted petitioner. 
 
 (5.) If the court does not so direct, then security to the same amount as 
 would be required in the case of a new petition, and subject to the like 
 conditions, shall be given on behalf of the substituted petitioner before 
 he proceeds with his petition and within the prescribed time after the 
 order of substitution. 
 
 (6.) Subject as aforesaid, a substituted petitioner shall, as nearly 
 as may be, stand in the same position and be subject to the same liabilities 
 as the original petitioner. 
 
 (7.) If a petition is withdrawn, the petitioner shall be liable to pay the 
 costs of the respondent. 
 
 (8.) Where there are more petitioners than one, an application to 
 withdraw a petition shall not be made except with the consent of all the 
 petitioners. 
 
 Note. Withdrawal of Petition. — Further provisions as to the withdrawal 
 of an election petition are contained in the Municipal Elections (Corrupt and 
 Illegal Practices) Act, 1884.' 
 
 Where a municipal election petition presented on the ground that the 
 unsuccessful candidate was returned by a majority of lawful votes had been 
 submitted to arbitration, and the award of the arbitrator was against the 
 petitioner, the Court allowed him to withdraw the petition. 2 
 
 In a case relating to a parliamentary election the Court refused to allow a 
 petition to be amended by the withdrawal of certain charges contained in it, 
 where the constituency would have been affected and it was too late for a 
 fresh petition to be presented. 3 
 
 As to the withdrawal of a petition, see also the cases cited below. 4 
 
 Meaning of " prescribed." — This term is defined in sect. 77. 
 
 Security for Costs. — As to security for costs, see sect. 89. 
 
 Sect. 96. — (1.) An election petition shall be abated by the death of a Abatement at, 
 sole petitioner or of the survivor of several petitioners. petition. 
 
 (2.) The abatement of a petition shall not affect the liability of 
 the petitioner or of any other person to the payment of costs previously 
 incurred. 
 
 (3.) On the abatement of a petition the prescribed notice thereof shall 
 be given in the borough, and, within the prt scribed time after the notice 
 is given, any person who might have been a petitioner in respect of 
 the election may apply to the election court or High Court in tho 
 prescribed manner and at the prescribid time and place to be substituted 
 as a petitioner ; and the court may, if it thinks fit, substitute him 
 accordingly. 
 
 (4.) Security shall be given on behalf of a petitioner so substituted, as in 
 the case of a new petition. 
 
 (1) 47 &48 Vict. c. 70, s. 26, post. Holford) (1870), 2 O'M. & H. 33 ; 
 
 (2) Mallam v. Bean (1887), 51 North Durham Petitions (Glaholm 
 J. P. 231. v. Elliott, Pickering v. Palmer) 
 
 (3) Aldridqe v. Hurst (1876), 1 (1874), 3 O'M. & H.'l, 4; Pascoe v . 
 C. P. D. 410; 35 L. J. C. P. 431; Puleston (Devonport Petition) (1886), 
 35 L. T. 156 ; 24 W. R. 708. 54 L. T. 733 ; 50 J. P. 134. 
 
 (4) Brecon Petition (Overton v.
 
 3i4 
 
 App£7idix I. 
 
 45 & 46 Vict. 
 c. 50. 
 
 Withdrawal and 
 substitution of 
 respondents. 
 
 Costs on election 
 petitions. 
 
 Sect. 97. — (1.) If before the trial of an election petition a respondent 
 other than a returning officer — 
 
 (a.) Dies, resigns, or otherwise ceases to hold the office to which the 
 petition relates ; or 
 
 (b.) Gives the prescribed notice that he does not intend to oppose the 
 petition ; 
 the prescribed notice thereof shall be given in the borough, and within 
 the prescribed time after the notice is given any person who might have 
 been a petitioner in respect of the election may apply to the election 
 court or High Court to be admitted a.-* a respondent to oppose the 
 petition, and shall be admitted accordingly ; except that the number of 
 persons so admitted shall not exceed three. 
 
 (2.) A respondent who has given the prescribed notice that he does not 
 intend to oppose the petition shall not be allowed to appear or act as a 
 party against the petition in any proceedings thereon. 
 
 Note. Death of Respondent, $c. — By sect. 93 (11) the trial of a petition 
 may be proceeded with notwithstanding that the respondent has ceased to 
 hold the office his election to which is questioned by the petition. A petition 
 may even, for the purpose of claiming the seat, be presented after the death 
 of the candidate whose return it is proposed to question. 1 
 
 Sect. 98.— (1.) All costs, charges, and expenses of and incidental to 
 the presentation of an election petition, and the proceedings consequent 
 thereon, except such as are by this Act otherwise provided for, shall be 
 defrayed by the parties to the petition in such manner and proportions as 
 the election court determines ; and in particular any costs, charges, or 
 expenses which in the opinion of the court have been caused by vexatious 
 conduct, unfounded allegations, or unfounded objections on the part 
 either of Ihe petitioner or of the respondent, and any needless expense 
 incurred or caused on the part of petitioner or respondent, may be 
 ordered to be defrayed by the parties by whom it has been incurred or 
 caused, whether they are or not on the whole successful. 
 
 (2.) The costs may be taxed in the prescribed manner [but according 
 to the same principles as costs between solicitor and client in an action in 
 the High Court], and may be recovered as the costs of such an action, or as 
 otherwise prescribed. 
 
 (3.) If a petitioner neglects or refuses for three months after demand 
 to pay to any person summoned as a witness on his behalf, or to the 
 respondent, any sum certified to be due to him for his costs, charges, and 
 expenses, and the neglect or refusal is, within one year after the demand, 
 proved to the satisfaction of the High Court, every person who has under this 
 Act entered into a recognisance relating to the petition shall be held to 
 have made default in the recognisance, and the prescribed officer shall 
 thereon certify the recognisance to be forfeited, and it shall be dealt with 
 as a forfeited recognisance relating to a parliamentary election petition. 
 
 Note. — Costs. — Further provisions as to the costs of municipal election 
 petitions are contained iu sect. 101, and in the Municipal Elections (Corrupt 
 and Illegal Practices) Act, 1884, 2 by which so much of sub-sect (2) as relates to 
 the principles of taxation is repealed, being replaced by provisions in sect. 29 
 of that Act. 
 
 The decision of an election court as to costs is not subject to review by the 
 High Court. 3 
 
 Where a person is improperly joined as a respondent on a petition the 
 petitioners may be directed to pay his costs. 4 
 
 (1) Morton v. Galway (Tipperary 
 Petition), (1875) 9 Ir. C.L. 173 ; S. C. 
 nom. Morton v. Mitchel, 3 O'M. & H. 
 19. 
 
 (2) 47 & 48 Vict. c. 70, ss. 29, 32, 
 post. 
 
 (3) Lotering x. Dawson {Maiden- 
 head Municipal J'etition) (No 2) 
 (1875), L. R. 10 C. P. 726; 44 L. J. 
 C. P. 321 ; 32 L. T. 823. 
 
 (4) lb.
 
 The Municipal Corporations Act, 1882. 315 
 
 Sect. 99.— (1.) The town clerk shall provide proper accommodation for 45 & 4(5 Vict, 
 holding the election court ; and any expenses incurred by him for the c. 50. 
 
 purposes of this section shall he paid out of the borough fund or borough Recetpion of and 
 rate, attendance on 
 
 ' (2.) All chief and head constables, superintendents of police, head- ^ r c t lecliou 
 boroughs, gaolers, constables, and bailiffs shall give their assistance to the 
 election court in the execution of its duties, and if any gaoler, or officer 
 of a prison makes default in receiving or detaining a prisoner committed 
 thereto in pursuance of this part, he shall be liable to a fine not exceeding 
 five pounds for every day during which the default continues. 
 
 (3.) The election court may employ officers and clerks as prescribed. 
 
 (4.) A .shorthand writer shall attend at the trial of ai election petition, 
 and shall be sworn by the election court faithfully anil truly to take down 
 the evidence given at the trial. He shall take down the evidence at 
 length. A transcript of the notes of the evidence taken by him shall, if 
 the election court so directs, accompany the certificate of the election 
 court. His expenses, according to a prescribed scale, shall be treated as 
 part of the expenses incurred in receiving the court. 
 
 Note. Expenses of Court. — As to the payment of these expenses, see 
 sect. 101 and the note to that section. 
 
 Sect. 100.— (1 .) The judges for the time being on the rota for the trial of E« les of pro- 
 pa rlianientary election petitions, may from time to time make, revoke, and ," ri "j e ic ^ on 
 alter General Rules for the effectual execution of this part, and of the 
 intention and object thereof, and the regulation of the practice, procedure, 
 and costs of municipal election petitions, and the trial thereof, and the 
 certifying and reporting thereon. 
 
 (2.) All such rules shall be laid before both Houses of Parliament 
 within three weeks after they are made, if Parliament is then sitting, and 
 if not, within three weeks after the beginning of the then next session of 
 Parliament, and shall, while in force, have effect as if enacted in this Act. 
 
 (3.) Subject to the provisions of this Act, and of the rules made under 
 it, the principles, practice, and rules for the time being observed in the 
 case of parliamentary election petitions, and in particular the principles 
 and rules with regard to agency and evidence, and to a scrutiny, and to 
 the declaring any person elected in the room of any other person declared 
 to have been not duly elected, shall be observed, as far as may be, in the 
 case of a municipal election petition. 
 
 (4.) The High Court shall, subject to this Act, have the same powers, 
 jurisdiction, and authority with respect to a municipal election petition 
 and the proceedings thereon as if the petition were an ordinary action 
 within its jurisdiction. 
 
 (5.) The duties to be performed by the prescribed officer under this 
 part shall be performed by the prescribed officer of the High Court. 
 
 (6.) The general rules in force at the commencement of this Act with 
 respect to matters within this part shall, until superseded by rules made 
 under this section, and subject to any amendment thereof by rules 
 so made, have effect, with the necessary modifications, as if made under 
 this section. 
 
 Note. General Rules. — As to the powers of making rules for the purposes 
 of this part of the Act, see sect. 30 of the Municipal Elections (Corrupt and 
 Illegal Practices) Act, 1884.' The rules at present in force were made under 
 the present section and are dated the 17th of April, 1883. They are closely 
 modelled upon the corresponding rules relating to parliamentary election 
 petitions. 2 
 
 (1) 47 & 48 Vict. c. 70, s. 30 liamentary Elections Act, 1868 (31 
 post. & 32 Vict. c. 125) s. 25, on the 21s,t 
 
 (2) The general rules at present Nov., 1868, the 19th Dec, 1868, the 
 in force as to parliamentary election 25th March, 1869, and the 27th Jan., 
 petitions were made under the Par- 1875. As to these rules, see further
 
 3 16 Appendix I. 
 
 47> & 46 Vict. Particulars. — The rules under this part, among other things, authorize the 
 c 50. Court or a judge to direct particulars of the charges in the petition to be 
 
 given, 1 and provide, where the seat is claimed for an unsuccessful candidate 
 on the ground that he had a majority of lawful votes, for the delivery by the 
 parties of lists of the votes intended to be objected to with the heads of 
 objections to each vote ; 2 they also require a respondent who proposes to 
 raise a recriminatory case to give a list of the objections to the election upon 
 which he intends to rely. 3 
 
 Agency. — Judges sitting as election courts for the trial of parliamentary 
 election petitions have from the first, following the practice of election 
 committees, set aside elections not only for malpractices on the part of the 
 successful candidate personally but also for malpractices on the part of his 
 agents ; and now it is expressly enacted that a candidate guilty of certain 
 offences by his agents shall forfeit his seat if he has been elected, and shall be 
 subject to certain incapacities.* 
 
 In dealing with questions as to the responsibility thus cast upon a candidate 
 for the acts of his agents, election courts, in this respect also following the 
 former practice of election committees, have very largely extended the 
 ordinary principles of agency. 
 
 In the first place, circumstances are sufficient to establish the relation of 
 principal and agent between a candidate and persons engaged in furthering 
 his candidature that would, with respect to ordinary transactions, be wholly 
 insufficient to establish agency. Questions as to whether the fact of agency 
 is or is not established by the evidence continually arise at the trial of 
 election petitions. It is not possible to deal fully with the reported decisions 
 on such questions within the limits of the present work, more especially as 
 : such questions are as much questions of fact as of law, so that the effect of the 
 
 decisions cannot be accurately expressed with any degree of conciseness. "It 
 has never yet been distinctly and precisely defined what degree of evidence is 
 required to establish such a relation between the sitting member and the 
 person guilty of corruption, as should constitute agency. . . . No one yet has 
 been able to go further than to say, as to some cases, enough has been 
 established; as to other, enough has not been established to vacate the 
 seat." 5 Perhaps the following remarks of Grove, J., 6 are as accurate a 
 general statement of the principles by which election courts are guided 
 on questions as to the fact of agency as could be given: — "To establish 
 agency for which the candidate would be responsible, he must be proved 
 by himself or by his authorized agent to have employed the persons 
 whose conduct is impugned to act on his behalf, or to have to some extent 
 put himself in their hands, or to have made common cause with them for 
 
 the Corrupt and Illegal Practices Hon) (1892), L. R. [1893] 1 Q. B. 
 
 Prevention Act, 1883 (46 & 47 Vict. 118; 41 W. R. 124. 
 
 c. 51), s. 56 (2) ; Shaw v. Reckitt (2) Rule 7, and see Meld v. Batti/ 
 
 (Pontefract Petition) (1893), L. R. (1874), L. R. 9 C. P. 104; 43 L. J. 
 
 [1893] 1 Q. B. 779 ; 68 L. T. 688 ; C. P. 73 ; 29 L. T. 747 ; 22 W. R. 407 ; 
 
 41 W. R. 497. Munro v. Balfour, ubi sup. 
 
 (1) Rule 6, and see, as to the (3) Rule 9. 
 
 leaking of an order for particulars, (4) Corrupt and Illegal Practices 
 
 Beale v. Smith (1869), L. R. 4 C. P. Prevention Act, 1883 (46 & 47 Vict. 
 
 145; 38 L. J. C. P. 145; 17 W. R. c. 51), ss. 5, 11. Similar provisions 
 
 317; Maude v. Lowleg (1874), L. R. as to municipal elections are contained 
 
 9 C. P. 165; 43 L. J. C. P. 103; 30 in the Municipal Elections (Corrupt 
 L. T. 168; 22 W. R. 649; Lenham and Illegal Practices) Act, 1884 
 v. Barber {Hereford Petition) (1883), (47 & 48 Vict. c. 70), ss. 3, 8. 
 
 10 Q. B. D. 293 ; 52 L. J. Q. B. 312 ; (5) Per Blackburn, J., Bridgc- 
 31 W. R. 428 ; 48 J. P. 23 ; Clark v. water Petition ( Westropp v. King- 
 Watfond (1883), 52 L. J. Q. B. 321 ; lake) (1869), 1 O'M. & H. 112, at 
 Munro v. Balfour (East Manchester p. 115. 
 
 Petition) (1892), L. R. [1893] 1 Q. B. (6)- In the Taunton Petition (Mar- 
 
 113; 67 L. T. 526 ; 41 W. R. 143 ; shall v. James) (1874), 2 O'M. & H. 
 
 Eushmore v. Isaacson (Stepney I'eti- 66, at p 74 ; 8. C. 30 L. T. 125.
 
 The Municipal Corporations Act, 1882. 
 
 317 
 
 c. 50. 
 
 the purpose of promoting his election." The learned judge, however, was 45 & 40 Vict 
 careful to explain that these remarks were not to be taken as an exhaustive 
 definition of agency. 
 
 Again, once the fact of agency is established, the candidate is responsible, 
 generally speaking, for all the acts of the agent, including acts that the 
 candidate may not have authorized or may even have expressly for- 
 bidden.' A person may, however, have a limited authority as agent, as, for 
 instance, to canvass particular voters, and in that case the candidate will not 
 be responsible for acts of the agent entirely beyond the limits of his 
 authority. 2 
 
 Again the maxim delegatus non potest delegare does not apply to electioneering- 
 agents, and the candidate is accordingly responsible not only for the acts of 
 his immediate agents, but also for the acts of sub-agents acting under the 
 authority of an immediate agent. 3 
 
 Prima fade the agency comes to an end as soon as the election is over, so 
 that the candidate is not responsible for acts of persons, who were his agents 
 while the election was pending, done after the election, unless there is evidence 
 to connect the candidate with the act in question. 4 
 
 It should be observed that the liability of the candidate to prosecution for 
 offences against election law committed by other persons is not regulated by 
 the peculiar principles as to electioneering agency above referred to, but is, 
 by the ordinary principles of the criminal law, confined to offences committed 
 by his authority or with his consent. 5 
 
 Scrutiny. — This term means the enquiry into the validity of individual 
 votes that is usually rendered necessary where a petition claims the seat foi 
 an unsuccessful candidate on the ground that he had the majority of legal 
 votes. 
 
 Rules under which the parties to a petition in which the seat is claimed 
 are required to furnish lists of the votes they propose to attack have been 
 mentioned above. 
 
 Votes may, on a scrutiny, be struck off on the ground that they were given 
 by persons not qualified to vote. In the case of a parliamentary election, the 
 register of electors is, under sect. 7 of the Ballot Act, 1872, s conclusive as to 
 the right to vote, except in the case of "persons who, from some inherent or 
 for the time irremovable quality in themselves have not, either by prohibition 
 of statutes or at common law, the status of parliamentary electors." 7 Votes ol 
 persons whose names are on the register cannot therefore be struck off on the 
 ground that their names ought not to be on the register by reason of insufficiency 
 of qualification, non-residence, receipt of parochial relief or alms, &c. 8 Sect. 7 
 of the Ballot Act is inapplicable to municipal elections, but the principle 
 laid down in Stoive v. Joliffe would no doubt be followed with regard to such 
 
 (1) This doctrine was established 
 in the Norwich Petition (Tillett v. 
 Stracey) (1869), 1 O'M. & H. 8 ; 19 
 L. T. 615, and has been acted upon 
 in numerous cases since : see, e.g. the 
 Taunton Petition (Mellor v. Cox) 
 (1869) 1 O'M. & H. 181; 21 L. T. 
 169, where the doctrine is very 
 clearly laid down by Blackburn, J. 
 
 (2) Bodmin Petition (Adams v. 
 Gower) (1869), 1 O'M. & H. 117; 
 Harwich Petition (Tomline v. Ti/lor) 
 (1880), per Lush, J., 3 O'M. & H. 61 
 at p. 69 ; S. C. 44 L. T. 187 ; West- 
 bury Petition (Lavcrton v. Phipps) 
 (1880), 3 O'M. & H. 78. 
 
 (3) See, e.g. Beudlei/ Petition 
 (Sturge v. Glass) (1869), l'O'M. & H. 
 16; 19 L. T. 676; Barnstaple Peti- 
 tion (Fleming v. Care) (1874), 2 
 O'M. & II. 105; Plymouth Petition 
 
 (Latimer v. Bates) (1880), 3 O'M. St 
 H. 107. 
 
 (4) Salford Petition (Anderson v. 
 Cawletj) (1869), 1 O'M. & H. 133 ; 20 
 L. T. 120; North Norfolk Petition 
 (Colman v. Walpole) (1869), 1 O'M. & 
 H. 236, at p. 243 ; -5. C. 21 L. T. 264. 
 
 (5) See per Martin, B., in the 
 Norwich Petition (Tillett v. Stracei/) 
 (1869), 1 O'M. & H. 8 ; 19 L. T. 615 ; 
 Kogers on Elections, part II., 16th 
 edition, p. 317. 
 
 (6) 35 & 36 Vict. c. 33, s. 7. 
 
 (7) Stou-e v. Jolliffe (Petersfield 
 Petition) (No. 2) (1874), L. R. 9 C. P. 
 734, at p. 750 ; S. C. 43 L. J. C. P. 
 265; 30 L. T. 795; 22 W. R. 911 ; 
 see also Ilayward v. Scott (1879), 
 5 C. P. D. 231 ; 49 L. J. C. P. 167 ; 
 41 L. T. 476 ; 28 W. R. 988. 
 
 (8) lb.
 
 318 Apperidix I. 
 
 45 & 46 Vict, an election. 1 Whether it would be followed with regard to elections under 
 c. 50. the Local Government Act, 1894, seems doubtful. 2 Among persons whose 
 
 votes would at common law be struck off on a scrutiny in the case of a 
 parliamentary, and also it is submitted in the case of a municipal election, 
 are aliens, 3 lunatics, 4 and infants. 5 The votes of persons expressly forbidden 
 by statute to vote at municipal elections, such as felons, 6 persons who have 
 within a certain time before the election been found guilty of certain offences 
 at parliamentary or other elections, 7 persons employed for payment in con- 
 nection with the election, 8 and persons adjudged incapable of voting under 
 the Public Bodies Corrupt Practices Act, 1889, 9 would clearly be struck off 
 at a scrutiny on a municipal petition. 
 
 Votes affected by corruption or offences against election law may also be 
 struck off on a scrutiny. 10 
 
 Again, votes may be struck off that should have, but have not, been 
 rejected by the returning officer as invalid under the Ballot Act, 1872 ; u and 
 votes that the returning officer has erroneously rejected, and tendered ballot 
 papers, if it appears that the persons tendering the same were entitled to 
 vote, may be counted. 12 
 
 Seating of Unsuccessful Candidates ; Throwing away of Votes. — Where the 
 successful candidate at an election is disqualified for the office for which he is 
 standing, but the circumstances disqualifying him are unknown to the electors, 
 the unsuccessful candidate is not entitled to the seat, but the election will be 
 wholly set aside. Where, however, the electors have express notice that a 
 candidate is disqualified, or where the facts that in point of law disqualify 
 him are notorious in the locality, votes given for him are entirely thrown 
 away as if such votes had not been given at all ; and, if such candidate has 
 obtained the majority of votes, the unsuccessful candidate will accordingly be 
 seated in his place. 13 
 
 It was held in one case that votes given for a candidate who was dis- 
 qualified were not thrown away where the facts disqualifying him were 
 notorious, but it was not generally known that such facts had in point of law 
 that effect ; u but this case must apparently now be regarded as overruled. 15 
 
 The circumstance that a candidate has been guilty of corrupt practices, and 
 is therefore liable to be unseated, does not disqualify him to be elected so as 
 
 (1) See ss. 9, 45, and 51 of the votes in the case of a municipal elec- 
 present Act, and see also Beg. v. tion, see s. 85, ante, and the note to 
 Tugwell (1868), L. R. 3 Q. B. 704; that section, and the Municipal Elec- 
 38 L. J. Q. B. 12 ; 9 B. & S. 367. tions (Corrupt and Illegal Practices) 
 
 (2) See 56 & 57 Vict. c. 73, Act, 1884 (47 & 48 Vict. c. 70) s. 22, 
 s. 44- (1), and the note to that sec- post. 
 
 tion, ante. (11) See s. 2 of that Act (35 & 36 
 
 (3) Isaacson v. Durant (Stepney Vict. c. 33) and the note to that 
 Petition) (1886), 17 Q. B. D. 54; 55 section, ante. 
 
 L. J. Q. B. 331 : 54 L. T. 684 ; 34 (12) As to tendered ballot papers, 
 
 W. R. 547. see the Ballot Act, 1872 (35 & 36 
 
 (4) See the Bedfordshire case Vict. c. 33), first schedule, rule 27, 
 (1785), 2 Lud. at p. 567. ante. 
 
 (5) Londonderry Petition (McCar- (13) Drinkwater v. Deakin (Laun- 
 thyv. Lewis) (1886), 4 O'M. & H. 96. ceston Petition) (1874), L. R. 9 C. P. 
 
 (6) 33 & 34 Vict. c. 23, s. 2. 626 ; 43 L. J. C. P. 355 ; 30 L. T. 
 
 (7) Corrupt and Illegal Practices 832 ; Beresford Hope v. Sandhurst 
 Prevention Act, 1883 (46 & 47 Vict. (1889), 23 Q. B. D. 79 ; 58 L. J. Q. B. 
 c. 51), ss. 6 (3), 10, 37, 38 (5); 316; 61 L. T. 150; 37 W. R. 548; 
 Municipal Elections (Corrupt & Ille- 55 J. P. 805; Cux v. Ambrose (1890), 
 $ral Practices) Act, 1884 (47 & 48 60 L. J. Q. B. 114; 55 J. P. 23. 
 Vict. c. 70), post, ss. 2 (2), 8 (2), 23, (14) Beg. v. Tewkesbury (Mayor, 
 28 (4). 4-c.) (1868), L. R. 3 Q. B. 629 ; 
 
 (8) Municipal Elections (Corrupt 37 L. J. Q. B. 288 ; 18 L. T. 851 ; 
 and Illegal Practices) Act, 1884 16 W. R. 1200 ; 9 B. & S. 683. 
 
 (47 & 48 Vict. c. 70), s. 13 (3). (15) Beresford Hope v. Sandhurst 
 
 (9) 52 & 53 Vict. c. 69, s. 2. ubi sup. 
 
 (10) As to the striking off of such
 
 The Municipal Corporations Act, 1882. 319 
 
 to cause votes given for him to be thrown away, even after express notice to 45 & 46 Vict, 
 the electors of the candidate's guilt. 1 c * 50 * 
 
 Powers of High Court. — The provision that the High Court are to have the 
 same powers, &c, on an election petition, as if the petition were an ordinary- 
 action, is governed by the words "subject to this Act," which materially 
 limit the effect of the provision : see the cases cited in the next two foot- 
 notes. 
 
 Amendment of Petition. — The Court will not allow a petition to be amended, 
 after the lapse of the time within which a petition must be presented, by the 
 introduction of substantially fresh charges ; as that would amount in effect to 
 the presentation of a fresh petition out of time. 2 
 
 Discovery. — The High Court has no jurisdiction on an election petition to 
 make an order for the administration of interrogatories, 3 or for the discovery 
 of documents. 4 
 
 Sect. 101. — (1.) The remuneration and allowances to be paid to a com- Expenses of 
 missioner for his services in respect of the trial of an election petition, and eleclkm court, 
 to any officers, clerks, or shorthand writers employed under this part, 
 shall be fixed by a scale made and varied by the election judges on the 
 rota for the trial of parliamentary election petitions, with the approval of 
 the Treasury. The remuneration and allowances shall be paid in the 
 first instance by the Treasury, and shall be repaid to the Treasury, on 
 their certificate, out of the borough fund or borough rate. 
 
 (2.) But the election court may in its discretion order that such 
 remuneration and allowances, or the expenses incurred by a town clerk 
 for receiving the election court, shall be repaid, wholly or in part, to the 
 Treasury or the town clerk, as the case may be, in the cases, by the persons, 
 and in the manner following (namely) : 
 
 (a.) "When in the opinion of the election court a petition is frivolous 
 and vexatious, by the petitioner ; 
 
 (6.) When in the opinion of the election court a respondent has been 
 personally guilty of corrupt practices at the election, by that; 
 respondent. 
 
 (3.) An order so made for the repayment of any sum by a petitioner or 
 respondent may be enforced as an order for payment of costs ; but a 
 deposit made or security given under this part shall not be applied for 
 any such repayment until all costs and expenses payable by the petitioner 
 or respondent to any party to the petition have been satisfied. 
 
 Note. Expenses Election of Court. — With regard to the payment of expenses 
 under the present section, see the case cited below. 5 
 
 Sect. 102. Where a candidate who has been elected to a corporate office Acts done pend- 
 is, by a certificate of an election court or a decision of the High Court, in S a petition 
 declared not to have been duly elected, acts done by him in execution of 
 the office, before the time when the certificate or decision is certified to 
 the town clerk, shall not be invalidated by reason of that declaration. 
 
 Sect. 103. Where on an election petition the election of any person to a Provisions as to 
 corporate office has been declared void, and no other person has been room 0j persons 
 declared elected in his room, a new election shall be held to supply the unseated on 
 vacancy in the same manner as on a casual vacancy ; and for the purposes petition. 
 of the election any duties to be performed by a mayor, alderman, or other 
 officer, shall, if he has been declared not elected, be performed by a deputy, 
 
 (1) Drinkwater v. Deakin, ante, Petition) (1880), 5 C. P. D. 546 ; 49 
 p. 318. L. J. C. P. 681. 
 
 (2) Maude v. Lowley (1874), L. R. (4) Moore v. Kennard (Salisbury 
 9 C. P. 165; 43 L. J. C. P. 105; 29 Petition) (1883), 10 Q. B. D. 290; 
 L. T. 924; Clark v. Wallond (1883), 52 L. J. Q. B. 285 ; 48 L. T. 236 ; 
 52 L. J. Q. B. 321 ; 48 L. T. 762 ; 31 31 W. R. 610 ; 47 J. P. 343. 
 
 W. R. 551 ; S. C. nam. Clark v. (5) Req. v. 31aidenhead {Mayor, 
 
 Lowley, 47 J. P. 551. &c.) (1882), 9 Q. B. D. 496; 51 
 
 (3) Wells v. Wren (Wallingford L. J. Q. B. 444; 46 J. P. 724.
 
 320 Appendix J. 
 
 45 & 46 Vict, or other person who might have acted for him if he had been incapacitated 
 c. 50. by illness. 
 
 Prohibition of 
 disclosure of 
 vote. 
 
 Note. Casual Vacancies. — As to such vacancies, see sects. 40 and 66. 
 
 Sect. 104. A person who has voted at a municipal election by ballot shall 
 not in any proceeding to question the election be required to state for 
 whom he has voted. 
 
 Note. Provisions of the Ballot Act, 1872. — That Act contains provisions 
 precisely similar to those in the present section. 1 
 
 PAKT VII. 
 
 Bokough Fund : Borough Bate : County Bate. 
 
 Application of 
 borough fund. 
 
 Sect. 140. — (1.) The borough fund shall be applicable to and charged 
 with the several payments specified in the Fifth Schedule. 
 
 (2.) The payments specified in Part I. of that Schedule may be made 
 without order of the Council ; those specified in Part II. may not be made 
 without such order. 
 
 Note. Expenses of Elections. — Among the payments specified in Part II. 
 of the Fifth Schedule are "the expenses incurred by overseers, and by the 
 town clerk and other municipal authorities, in relation to the enrolment of 
 burgesses and the holding of municipal elections, or so much of those expenses 
 as is not otherwise provided for under sect. 30 of the Parliamentarv and 
 Municipal Registration Act, 1878." The present section and the portion of 
 the Fifth Schedule quoted above appear to be the provisions of the Act with 
 respect to the " expenses of the elections of councillors of a borough," which 
 are referred to in sect. 48 (4) of the Local Government Act, 1894. 
 
 Prosecution of 
 offences and re- 
 covery of fines. 
 
 Procedure in 
 penal actions 
 against coiporate 
 officers. 
 
 PAET XII. 
 
 Legal Proceedings. 
 
 Sect. 219. — (1.) In summary proceedings for offences and fines under this 
 Act the information shall be laid within six months after the commission 
 of the offence. 
 
 (2.) Any person aggrieved by a conviction of a court of summary 
 jurisdiction uuder this Act may appeal therefrom to a court of quarter 
 sessions. 
 
 (3.) Any fine incurred under this Act and not recoverable summarily 
 may be recovered by action in the High Court. 
 
 $ * ♦ # * * 
 
 Sect. 224. — (1.) An action to recover a fine from any person for acting in 
 a corporate office without having made the requisite declaration, or without 
 being qualified, or after ceasing to be qualified, or after becoming dis- 
 qualified, may not be brought except by a burgess of the borough, and 
 shall not lie uuless the plaintiff has, within fourteen days after the cause 
 of action arose, served a notice in writing personally on the person liable 
 to the fine of his intention to bring the action, nor unless the action is 
 commenced within three months after the cause of action arose. 
 
 (2.) The court or a judge shall, on the application of the defendant 
 within fourteen days after he has been served with writ of summons in 
 the action, require the plaintiff to give security for costs. 
 
 (1) 35 & 36 Vict. c. 33, s. 12, ante.
 
 The Municipal Corporations Act, 1882. 321 
 
 (3.) Unless judgment is given for the plaintiff, the defendant shall be 45 & 46 Vict, 
 entitled to costs, to be taxed as between solicitor and client. c. 00. 
 
 (4.) Where any such action is brought against a person on the ground 
 of his not being qualified in respect of estate, it shall lie on him to prove 
 that he was so qualified. 
 
 (5.) A moiety of the fine recovered shall, after payment of the coshi of 
 action, be paid to the plaintiff. 
 
 Note. Application of Section. — This section would appear to be applicable 
 under sect. 48 (4) of the Local Government Act, 1894, as regards a fine for 
 acting in any oiriee to which that sub-section refers without having made the 
 necessary declaration, but not otherwise. 
 
 Repeal. — The section appears to be partially repealed by the Publi<: 
 Authorities Protection Act, 189L!. 1 
 
 PART XIII, 
 
 General. 
 Time. 
 
 Sect. 230. — (1.) Where by this Act any limited time from or after any Computation of 
 date or event is appointed or allowed for the doing of any act or the taking time - 
 of any proceeding, then in the computation of that limited time the same 
 shall be taken as exclusive of the day of that date or of the happening of 
 that event, and as commencing at the beginning of the next following 
 day ; and the act or proceeding shall be done or taken at the latest on the 
 last day of the limited time as so computed, unless the last day is a 
 Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter 
 week, or a day appointed for public fast, humiliation, or thanksgiving, in 
 which case any act or proceeding shall be considered as done or taken in 
 due time if it is done or taken on the next day afterwards, not being one 
 of the days in this section specified. 
 
 (2.) Where by this Act any act or proceeding is directed or allowed to 
 be done or taken on a certain day, then if that day happens to be one of 
 the days in this section specified, the act or proceeding shall be considered 
 as done or taken in due time if it is done or taken on the next day afterwards, 
 not being one of the days in this section specified. 
 
 (3.) Where by this Act any act or proceeding is directed or allowed to 
 be done or taken within any time not exceeding seven days, the days in 
 this section specified shall not bo reckoned in the computation of such 
 time. 
 
 Note. Computation of Time. — With regard to the computation of time 
 generally, see the note to sect. 73 of the Local Government Act, 1894, ante. 
 ****** 
 
 Declarations and Oaths. 
 
 Sect. 239. — (1.) Where by or under this Act a declaration or oath is Pcv.ver (o Ad- 
 required to be made or taken by the holder of a corporate office or other minister oaths, 
 person before the council or any members thereof, or any other persons, "^ 
 they shall have authority to receive and administer the same without any 
 commission or authority other than this Act. 
 
 (2.) Nothing in this Act in any case shall require or authorize the 
 taking or making of any oath or declaration that would not have been 
 required or authorized under the Promissory Oaths Act, 18G8, or otherwise 31 k 32 Vict. 
 by law, if this Act had not been passed, or interfere with the operation of c. 72. 
 the Promissory Oaths Act, 1868. 
 
 (1) 56 & 57 Vict. c. 61, s. 2, post.
 
 45 & 46 Vict, 
 c. 50. 
 
 Forms in 
 schedule. 
 
 322 
 
 Appendix I. 
 
 Forms. 
 
 Sect. 240. The forma in the Eighth Schedule or forms to the like effect, 
 varied as circumstances require, may be used, and shall be sufficient in 
 law. 
 
 Saving for mili- 
 tary and naval 
 officers, &c. 
 
 Sect. 253. Nothing in this Act shall compel the acceptance of any office 
 or duty whatever in any borough by any military, naval, or marine officer in 
 Her Majesty's service on full pay or half pay, or by any officer or other 
 person employed and residing in any of Her Majesty's dockyards, 
 victualling establishments, arsenals, barracks, or other naval or military 
 establishments. 
 
 SCHEDULES. 
 
 THIRD SCHEDULE. 
 
 Elections. 
 
 ' Part III. - 
 Modifications of the Ballot Act in its Application to Municipal Elections. 
 
 1. The provisions of the Ballot Act, 1872, with respect to the voting of a 
 returning officer, the use of a room for taking a poll, and the right to vote of 
 persons whose names are on the register of voters, and Rules 16 and 19 in the 
 schedule to that Act, shall not apply in the case of a municipal election. 
 
 2. The mayor shall at least four days before the day of election give public 
 notice of the situation, division, and allotment of polling p]aces for taking the 
 poll at the election, and of the description of the persons entitled to vote 
 thereat, and at the several polling stations. 
 
 3. The mayor shall provide everything which in the case of a parliamentary 
 election is required to be provided by the returning officer for the purpose of 
 a poll, and shall appoint officers for taking the poll and counting the votes. 
 
 4. The mayor shall furnish every polling station with such number of 
 compartments in which the voters can mark their votes screened from observa- 
 tion and furnish each presiding officer with such number of ballot papers, as 
 in the judgment of the mayor may be necessary for effectually taking tiie poll 
 at the election. 
 
 5. All expenses of the election shall be defrayed in manner by this Act 
 provided. 
 
 6. No return shall be made to the clerk of the Crown in Chancery. 
 
 Note. 3Iidifications of the Ballot Act. — With regard to the application of 
 the portions of Schedule III. above set out to elections under the Local 
 Government Act, 1894, and to a poll consequent on the parish meeting, see 
 the note to sect. 58.
 
 The Municipal Corporations Act, 1882. 323 
 
 THE EIGHTH SCHEDULE, 
 
 Forms. 
 
 Part I. — Declarations on accepting Office. 
 
 Form A. 
 
 Form of Declaration on Acceptance of Corporate Office. 
 
 I, A.B., having been elected mayor [or alderman, councillor, elective 
 auditor, or revising assessor] for the borough of , hereby declare 
 
 that I take the said office upon myself, and will duly and faithfully fulfil the 
 duties thereof according to the best of my judgment and ability [and in the 
 case of the person being qualified by estate sag, And I -hereby declare that I am 
 seized or possessed of real or personal estate, or both [as the case may be'], to 
 the value or amount of one thousand pounds, or five hundred pounds [as the 
 case may require'], over and above what will satisfy my just debts]. 
 
 45 &4G Vict. 
 c. 50. 
 
 Y 2
 
 Appendix 2. 
 
 46 & 47 Vict. 
 c. 51. 
 
 THE CORRUPT AND ILLEGAL PRACTICES PREVENTION 
 ACT, 1883. 
 
 46 & 47 Vict. c. 51. 
 
 An Act for the better prevention of Corrupt and Illegal Practices at 
 Parliamentary Elections. [25th August 1883. 
 
 Note. Application of Act. — The present Act deals with malpractices at 
 parliamentary elections and with parliamentary election petitions. Many of 
 its provisions have, however, been extended to municipal elections by the 
 Municipal Elections (Corrupt and Illegal Practices) Act, 1884. 1 These pro- 
 visions will accordingly apply in the case of an election under the Local 
 Government Act, 1894, and perhaps to some extent in the case of a poll conse- 
 quent on a parish meeting, by virtue of sect. 48 of that Act, subject to the 
 provisions of that Act, and to any adaptations, alterations, and exceptions that 
 may be made by the rules that are to be framed by the Local Government Board. 
 
 Sects. 1 and 2 of the present Act define the offences of " treating " and 
 " undue influence " ; they are applied to municipal elections by the Act of 
 1884, 2 and are, with the omission of a recital in sect. 1, setting out that under 
 the then existing enactments, persons other than candidates at parliamentary 
 elections were not liable to punishment for treating, set out verbatim in the 
 1st Schedule to that Act. 
 
 As to the application of sect. 6 of the present Act to municipal elections, 
 see the note to that section. 
 
 Portions of sects. 37 and 38 of the present Act are applied to municipal 
 elections by sect. 23 of the Act of 1884, 3 and are set out in the 3rd Schedule 
 to that Act. 
 
 Sects. 45, 46, 50-57, 59 and 60 of the present Act are, with certain 
 modifications, applied to municipal elections by sect. 30 of the Act of 1884. 4 
 
 Only such of the provisions of the present Act applicable to municipal 
 elections as are not contained in the schedules to the Act of 1884, are printed 
 below. 
 
 Punishment of Sect. 6. (1.) — A person -who commits any corrupt practice other than 
 
 person convicted personation, or aiding, abetting, counselling, or procuring the commission 
 
 corrupt practices. °^ ^he offence of personation, shall be guilty of a misdemeanor, and on 
 
 conviction on indictment shall he liable to be imprisoned, with or without 
 
 hard labour, for a term not exceeding one year, or to be fined any sum not 
 
 exceeding two hundred pounds. 
 
 (2.) A person who commits the offence of personation, or of aiding, 
 abetting, counselling, or procuring the commission of that offence, shall 
 be guilty of felony, and any person convicted thereof on indictment shall 
 be punished by imprisonment for a term not exceeding two years, 
 together with hard labour. 
 
 (3.) A person who is convicted on indictment of any corrupt practice 
 shall (in addition to any punishment as above provided) be not capable 
 during a period of seven years from the date of his conviction : 
 
 (a.) of being registered as an elector or voting at any election in the 
 United Kingdom, whether it be a parliamentary election or an 
 election for any public office within the meaning of this Act ; or 
 
 (1) 47 & 48 Vict. c. 70, post. 
 
 (2) lb. s. 2. 
 
 (3) lb. s. 23. 
 
 (4) lb. s. 30.
 
 The Corrupt and Illegal Practices Prevention Act, 1883. 325 
 
 (&.) of holding any public or judicial office within the meaning of this 46 & 47 Vict. 
 Act, and if he holds any such office the office shall be vacated. c. 51. t 
 
 (4.) Any person so convicted of a corrupt practice in reference to any 
 election shall also be incapable of being elected to and of sitting in the 
 House of Commons during the seven years next aft°r the date of his 
 conviction, and if at that date he has been elected to the House of 
 Commons his election shall be vacated from the time of sucli conviction. 
 
 Note. Municipal Elections. — The present section is applied to persons 
 guilty of corrupt practices at municipal elections, by the Municipal Elections 
 (Corrupt and Illegal Practices) Act, 1884. 1 
 
 Corrupt Practice. — This expression in the case of a municipal election 
 includes treating, undue influence, bribery, and personation, as defined by the 
 last mentioned Act, and aiding, abetting, counselling, and procuring the 
 commission of the offence of personation. 2 It has practically exactly the 
 same meaning as regards parliamentary elections. 3 
 
 Penalty. — Where a person is guilty of several corrupt practices at the 
 same election, he is apparently liable to be separately punished for each 
 offence. 4 
 
 Definition of Terms. As to the meaning of the expressions " indictment," 
 "public office," and "judicial office," see sect 64 of the present Act, and 
 sect. 34 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. 5 
 ****** 
 
 Sect. 45. Where information is given to the Director of public Inquiry by 
 prosecutions that any corrupt or illegal practices have prevailed in p' sectuons into° 
 reference to any election, it shall be his duty, subject to the regulations a n e t;ed corrupt 
 under the Prosecution of Offences Act, 1879, to make such inquiries and or illegal prac- 
 institute such prosecutions as the circumstances of the case appear to him tices. 
 to require. 
 
 Note. Director of Public Prosecutions. — With regard to the duties of the 
 Solicitor to the Treasury, who now discharges the duties of director of public 
 prosecutions, 6 see sect. 57, port, and the Municipal Elections (Corrupt and 
 Illegal Practices) Act, 1884, sects. 28 and 30 7 
 
 Sect. 46. Where a person has, either before or after the commencement Removal of in- 
 ■of this Act, become subject to any incapacity under the Corrupt Practices capacity on proof 
 Prevention Acts or this Act by reason of a conviction or of a report of curedVyMnurr. 
 any election court or election commissioners, and any witness who gave 
 evidence against such incapacitated person upon the proceeding for buch 
 •conviction or report is convicted of perjury in respect of that evidence, 
 the incapacitated person may apply to the High Court, and the Court, if 
 satisfied that the conviction or report so far as respects such person was 
 based upon perjury, may order that such incapacity shall thenceforth 
 cease, and the same shall cease accordingly. 
 
 ****** 
 
 Sect. 50. Where an indictment as defined by this Act for any offence Trial in Central 
 ■under the Corrupt Practices Prevention Acts or this Act is instituted in o^X^mem'for 
 the High Court or is removed into the High Court by a writ of certiorari corrup t practice 
 issued at the instance of the Attorney-General, and the Attorney-General at instance of 
 suggests on the part of the Crown that it is expedient for the purposes of Attorney- 
 justice that the indictment should be tried in the Central Criminal Genera • 
 Court, or if a special jury is ordered, that it should be tried before a judge 
 and jury at the Royal Courts of Justice, the High Court may, if it think 
 lit, order that such indictment shall be so tried upon such terms as the 
 
 .(1) 47 & 48 Vict. c. 70, s. 2, post. (5) 47 & 43 Vict. c. 70, s. 34, 
 
 (2) lb. post. 
 
 (3) See s. 3 of the present Act. (6) Prosecution of Offences Act, 
 
 (4) Mines v. Bale (1875), L. R. 10 1884 (47 & 48 Vict. c. 58) s. 2. 
 
 C P. 591 ; 44 L. J. C. P. 336 ; 33 (7) 47 & 48 Vict. c. 70, ss. 28, 30, 
 
 L. T. 174 ; 23 W. R. 660. post.
 
 326 
 
 Appendix I. 
 
 46 & 47 Vict. 
 c. 51. 
 
 Limitation of 
 time for prosecu- 
 tion of offence. 
 
 Persons charged 
 with corrupt 
 practice may be 
 found guilty of 
 illegal practice. 
 
 Application of 
 enactments of 
 17 & 18 Vict. 
 c. 102, and 26 & 
 27 Vict. c. 29, 
 relating to prose- 
 cutions for 
 bribery. 
 17 & 18 Vkt. 
 c. 102. 
 
 26 & 27 Vict. 
 C. 29. 
 
 Court may think just, and the High Court may" make such orders as 
 appear to the Court necessary or proper for carrying into effect the order 
 for such trial. 
 
 Note. Indictment. — This expression includes information : see sect. 64. 
 
 Sect. 51. — (1.) A proceeding against a person in respect of the offence 
 of a corrupt or illegal practice or any other offence under the Corrupt 
 Practices Prevention Acts or this Act shall be commenced within one 
 year after the offence was committed, or if it was committed in reference 
 to an election with respect to which an inquiry is held by election 
 commissioners shall be commenced within one year after the offence was 
 committed, or within three months after the report of such commissioners 
 is made, whichever period last expires, so that it be commenced within 
 two years after the offence was committed, and the time so limited by 
 this section shall, in the case of any proceeding under the Summary 
 Jurisdiction Acts for any such offence, whether before an election court or 
 otherwise, be substituted for any limitation of time contained in the last- 
 mentioned Acts. 
 
 (2.) For the purposes of this section the issue of a summons, warrant, 
 writ, or other process shall be deemed to be a commencement of a 
 proceeding, where the service or execution of the same on or against the 
 alleged offender is prevented by the absconding or concealment or act of 
 the alleged offender, but save as aforesaid the service or execution of the 
 same on or against the alleged offender, and not the issue thereof, shall 
 be deemed to be the commencement of the proceeding. 
 
 Note. Municipal Elections. — The provisions of the present section 
 relating to an enquiry by election commissioners are iuapplicble to a 
 municipal election. 
 
 Sect. 52. Any person charged with a corrupt practice may, if the 
 circumstances warrant sucli finding, be found guilty of an illegal practice 
 (which offence shall for that purpose be an indictable offence,) and any 
 person charged with an illegal practice may be found guilty of that 
 offence, notwithstanding that the act constituting the offence amounted 
 to a corrupt practice, and a person charged with illegal payment, 
 employment, or hiring, may be found guilty of that offence, notwith- 
 standing that the act constituting the offence amounted to a corrupt or 
 illegal practice. 
 
 Note. Meaning of Expressions. — As to the meaning of " corrupt 
 practice," see the note to sect. 6, ante. The Municipal Elections (Corrupt and 
 Illegal Practices) Act, 188-t, as regards municipal elections, declares what 
 acts amount to "illegal practices," 1 "illegal payment," 2 "illegal employ- 
 ment," 3 and " illegal hiring." 4 
 
 Sect. 53— (1.) Sections ten, twelve, and thirteen of the Corrupt Practices 
 Prevention Act, 1854, and section six of the Corrupt Practices Prevention 
 Act, 1863 (which relate to prosecutions for bribery and other offences 
 under those Acts), shall extend to any prosecution on indictment for the 
 offence of any corrupt practice within the meaning of this Act, and to any 
 action for any pecuniary forfeiture for an offence under this Act, in like 
 manner as if such offence were bribery within the meaning of those Acts, 
 and such indictment or action were the indictment or action in those 
 sections mentioned, and an order under the said section ten may be made 
 on the defendant ; but the Director of public prosecutions or any person 
 instituting any prosecution in his behalf or by direction of an election 
 court shall not be deemed to be a private prosecutor, nor required under 
 the said sections to give any security. 
 
 (1) 47 & 48 Vict. c. 70, ss. 4, (3) lb. s. 13. 
 
 5 (2), 6, 14, 17 (2), 21 (5). (4) lb. ss. 10, 16. 
 
 (2) lb. ss. 9, 11, 12.
 
 T/ie Corrupt and Illegal Practices Prevention Act, 1883. 327 
 
 (2.) On any prosecution under this Act, whether on indictment or 46 & 47 Vict. 
 summarily, and -whether before an election court or otherwise, and in any c. 51 
 
 action for a pecuniary forfeiture under this Act, the person prosecuted or 
 sued, and the husband or wife of such person, may, if he or she think fit, 
 be examined as an ordinary witness in the case. 
 
 (3.) On any such prosecution or action as aforesaid it shall be sufficient 
 to allege that the person charged was guilty of an illegal practice, 
 payment, employment, or hiring within the meaning of this Act, as the 
 case may be, and the certificate of the returning officer at an election that 
 the election mentioned in the certificate was duly held, and that the 
 person named in the certificate was a candidate at such election, shall be 
 sufficient evidence of the facts therein stated. 
 
 Note. Corrupt Practices Prevention Act, 1834. — The sections of this Act 1 
 above referred to are as follows : — 
 
 Sect. 10. " It shall be lawful for any criminal court, before which any 
 prosecution shall be institued for any offence against the provisions of this 
 Act, to order payment to the prosecutor of such costs and expenses as to the 
 said Court shall appear to have been reasonably incurred in and about the 
 conduct of such prosecution ; provided always, that no indictment for bribery 
 or undue influence shall be triable before any court of Quarter Sessions." 
 
 Sect. 12 " In case of any indictment or information by a private prosecutor 
 for any offence against the provisions of this Act, if judgment shall be given 
 for the defendant, he shall be entitled to recover from the prosecutor the 
 costs sustained by the defendant by reason of such indictment or information, 
 such costs to be taxed by the proper officer of the court in which such judg- 
 ment shall be given." 
 
 Sect. 13 "It shall not be lawful for any court to order payment of the costs 
 of a prosecution for any offence against the provisions oi this Act, unless the 
 prosecutor shall, before or upon the finding of the indictment or the granting 
 of the information, enter into a recognisance, with two sufficient sureties, in 
 the sum of two hundred pounds (to be acknowledged in like manner as is now 
 required in cases of writs of certiorari awarded at the instance of a defendant 
 in an indictment), with the conditions following; that is to say, that the 
 prosecutor shall conduct the prosecution with effect, and shall pay to the 
 defendant or defendants, in case he or they shall be acquitted, his or their 
 costs." 
 
 The Corrupt Practices Prevention Act, 1863.— Section 6 of this Act 2 is as 
 follows : — " In any indictment or information for bribery or undue influence, 
 and in any action or proceeding for any penalty for bribery, treating, or 
 undue influence, it shall be sufficient to allege that the defendant was at the 
 election at or in connection with which the offence is intended to be alleged 
 to have been committed guilty of bribery, treating, or under influence (as the 
 case may require) ; and in any criminal or civil proceedings in relation to any 
 such offence the certificate of the returning officer in this behalf shall be 
 sufficient evidence of the due holding of the election, and of any person therein 
 named having been a candidate thereat." 
 
 Indictment. — The expression " indictment" includes information : see sect. 64. 
 It is not sufficient in an indictment under the present Act to charge the 
 defendant with a " corrupt practice " generally ; the indictment must charge 
 him with bribery, personation, or some other specified corrupt practice. 3 
 
 Sect. 54. — (1.) All offences under this Act punishable on summary Prosecution on 
 conviction may be prosecuted in manner provided by the Summary t^^Yai''^ ' 
 Jurisdiction Acts. to quarter 
 
 (2.) A person aggrieved by a conviction by a court of summary sions. 
 
 (1) 17 & 18 Vict. c. 102. case the defect in the indictment, 
 
 (2) 26 & 27 Vict. c. 29. which charged corrupt practices 
 
 (3) Reg. v. Stroulger (1886), 17 generallv, was however by the: ma- 
 Q. B. D. 327; 55 L. J. M. C. 137; jority of the Court, Denman, and 
 55 L. T. 122; 34 W. R. 719; 51 Dav,'jJ., dissenting, held to be cured 
 J. P. 278 ; 16 Cox C. C. 85. In that after verdict.
 
 328 
 
 Appendix I. 
 
 Application or 
 Summary Juris- 
 diction and 
 Indictable 
 Offences Acts to 
 proceedings 
 before election 
 courts. 
 
 4G & 47 Vict, jurisdiction for an offence under this Act may appeal (o general or quarter 
 c 51. sessions against such conviction. 
 
 Note. Limitation of Time. — The provisions of the Summary Jurisdiction 
 Acts as to the limitation of time for the commencement of proceedings, are 
 superseded for the purposes of the present Act by sect. 51. 
 
 Sect. 55. — (1.) Except that nothing in this Act shall authorise any 
 appeal against a summary conviction by an election court, the Summary 
 Juiisdiction Acts shall, so far as is consistent with the tenor thereof, 
 apply to the prosecution of an offence summarily before an election court, 
 iti like mauner as if it were an offence punishable only on summary 
 conviction, and accordingly the attendance of any person may be enforced, 
 the case heard and determined and any summary conviction by such 
 court be carried into effect and enforced, and the costs thereof paid, and 
 the record thereof dealt with under those Acts in like manner as if the 
 court were a petty sessional court for the county or place in which such 
 conviction took place. 
 
 (2.) The enactments relating to charges before justices against persona 
 for indictable offences shall, so far as is consistent with the tenor thereof, 
 apply to every case where an election court orders a person to be 
 prosecuted on indictment in like manner as if the court were a justice of 
 the peace. 
 
 Note. Indictment ordered by an Election Court. — The enactments referred 
 to in sub-sect. (2), appear to be contained in the Indictable Offences Act, 
 1848, l and the Criminal Law Amendment Act, 1867. 2 With regard to an 
 indictment ordered by an election court in the case of a municipal election, 
 see also sect. 28 of the Municipal Elections (Corrupt and Illegal Practices) 
 Act, 1884.* 
 
 Sect. 56. — (1.) Subject to any rules of court, any jurisdiction vested by 
 this Act in the High Court may, so far as it reiates to indictments or 
 other criminal proceedings, be exercised by any judge of the Queen's 
 Bench Division, and in other respects may either be exercised by one of 
 the judges for the time being on the rota for the trial of election petitions, 
 sitting either in court or at chambers, or may be exercised by a master of 
 the Supreme Court of Judicature in manner directed by and subject to an 
 appeal to the said judges : 
 
 Provided that a master shall not exercise jurisdiction in the case either 
 of an order declaring any act or omission to be an exception from the 
 provisions of this Act with respect to illegal practices, payments, employ- 
 ments, or hirings, or of an order allowing an excuse in relation to a return 
 or declaration respecting election expenses. 
 
 (2.) Rules of court may from time to time be made, revoked, and 
 altered for the purposes of this Act, and of the Parliamentary Elections 
 Act, 1868, and the Acts amending the same, by the same authority by 
 whom rules of court for procedure and practice in the Supreme Court of 
 Judicature can for the time being be made. 
 
 Note. Rules of Court. — The power of making rules of court for procedure 
 and practice in the Supreme Court of Judicature, is vested in a rule committee 
 under the Judicature Act, 1881. 4 
 
 As to the bearing of rules made under the Parliamentary Elections Act, 
 1868, before the passing of the present Act, on the jurisdiction conferred on 
 the High Court by its provisions, see the case cited below. 5 
 
 Director of public Sect. 57.— (1.) The Director of public prosecutions in performing any 
 prosecutions, and d u ty under this Act shall act in accordance with the regulations under 
 expenses of p: o- 
 
 (4) 44 & 45 Vict. c. 68, s. 19. 
 
 (5) Shaw v. Reckitt {Pontefraet 
 Petition), (1893) L. K. [1893] 1 Q. 11. 
 779 ; 68 L. T. 688 ; 41 W. K. 497. 
 
 Exercise of Juris- 
 diction of High 
 Court, and 
 making of rules 
 of court. 
 
 6ecutions. 
 42 & 43 Vict, 
 c. 22. 
 
 0) 
 
 11 & 12 Vict. 
 
 c. 
 
 42, 
 
 ( 2 ) 
 
 30 & 31 Vict 
 
 c. 
 
 35, 
 
 (3) 
 
 47 & 48 Vict. 
 
 c 
 
 , 7( 
 
 6, 7). 
 
 
 
 
 0, s. 28 (5,
 
 The Corrupt and Illegal Practices Prevcjition Act, 1883. 329 
 
 the Prosecution of Offences Act, 1879, and subject thereto in accordance 46 & 47 Vict. 
 with the directions (if any) given to him by the Attorney General ; and c. 51. 
 
 any assistant or representative of the Director of public prosecutions in 
 performing any duty under this Act shall act in accordance with the said 
 regulations and directions, if any, and with the directions given to him by 
 the director of public prosecutions. 
 
 (2.) Subject to the provisions of this Act, the costs of any prosecution 
 on indictment for an offence punishable under this Act, whether by the 
 Director of public prosecutions or his representative or by any other 
 person, shall, so far as they are not paid by the defendant, be paid in like 
 manner as costs in the case of a piosecution for felouy are paid. 
 
 Note. Director of Public Prosecutions. — The Solicitor to the Treasury, 
 how, under the Prosecution of Offences Act, 1884, 1 amending the Act of 1879, 8 
 above mentioned, acts as director of public prosecutions. As to the duties of 
 this official in connection with municipal elections, see sect. 45, ante, and the 
 Municipal Elections (Corrupt and Illegal Practices) Act, 1884, sects. 28 and 30. s 
 ****** 
 
 Sect. 59. — (1.) A person who is called as a witness respecting an Obligation of 
 election before any election court shall not be excused from answering wl ^" es r sto d 
 any question relating to any offence at or connected with such election, certificate f 
 on the ground that the answer thereto may criminate or tend to criminate indemnity, 
 himself or on the ground of privilege ; 
 Provided that — 
 
 (a.) a witness who answers truly all questions which he is required by 
 
 the election court to answer shall be entitled to receive a 
 
 certificate of indemnity under the hand of a member of the court 
 
 stating that such witness has so answered : and 
 
 (b.) an answer by a person to a question put by or before any election 
 
 court shall not, except in the case of any criminal proceeding for 
 
 perjury in respect of such evidence, be in any proceeding, civil 
 
 or criminal, admissible in evidence against him : 
 
 (2.) Where a person has received such a certificate of indemnity in 
 
 relation to an election, and any legal proceeding is at any time instituted 
 
 against him for any offence under the Corrupt Practices Prevention Acts 
 
 or this Act committed by him previously to the date of the certificate at 
 
 or in relation to the said election, the court having cognizance of the case 
 
 shall on proof of the certificate stay the proceeding, and may in their 
 
 discretion award to the said person such costs as he may have been put 
 
 to in the proceeding. 
 
 (3.) Nothing in this section shall be taken to relieve a person receiving 
 a certificate of indemnity from any incapacity under this Act or from 
 any proceeding to enforce such incapacity (other than a criminal 
 prosecution). 
 
 ****** 
 
 Note. Witnesses before Election Court. — With regard to the present 
 section, reference may be made to the cases cited below. 4 The Municipal 
 Elections (Corrupt and Illegal Practices) Act, 1884, provides, with regard to 
 municipal election petitions, that the giving or refusal to give a certificate of 
 indemnity to a witness by the election court shall be final and conclusive. 5 
 
 Omitted Portions of Section. — Sub-sects. (4) and (5) of the present section 
 relate to proceedings before election commissioners, and are inapplicable to 
 municipal elections. 
 
 (1) 47 & 48 Vict. c. 58. 334; 8 Cox C. C. 498; Eeq. v. 
 
 (2) 42 & 43 Vict. c. 22. JIulme (1870) L. R. 5 Q. B. 377; 39 
 
 (3) 47 & 48 Vict. c. 70, ss. 28, 30, L. J. Q. B. 149 ; 22 L. T. 073 ; 18 
 post. W. R. 830. 
 
 (4) Beg. v. Leaf ham (1861), 3 (5) 47 & 48 Vict. c. 70, s. 30, 
 E. & E. 658 ; 30 L. J. Q. B. 205 ; 7 post. 
 
 Jur. N. S. 674 ; 3 L. T. 777 ; 9 W. R.
 
 33 o Appendix I. 
 
 46" & 47 Vict. Sect. 60. An election court or election commissioners, when reporting 
 c 51. that certain persons have been guilty of any corrupt or illegal practice, 
 
 Submission of shall report whether those persons have or not been furnished with 
 report of election certificates of indemnity ; and such report shall be laid before the 
 court or comnns- Attorney-General (accompanied in the case of the commissioners with the 
 Attorney 1 - evidence on which such report was based) with a view to his instituting 
 
 General. or directing a prosecution against such persons as have not received 
 
 certificates of indemnity, if the evidence should, in his opinion, be 
 
 sufficient to support a prosecution. 
 
 ****** 
 
 General interpve- Sect. 64. In this Act, unless the context otherwise requires — 
 tation of terms. r^g, eX p ress i n " election " means the election of a member or members 
 to serve in Parliament : 
 The expression " election petition " means a petition presented in 
 31 & 32 Vict. pursuance of the Parliamentary Elections Act, 1868, as amended by 
 
 «• 125. this Act : 
 
 The expression "election court" means the judges presiding at the 
 
 trial of an election petition, or, if the matter comes before the High 
 
 Court, that court : 
 
 The expression " Election Commissioners " means commissioners 
 
 15 & ig Vict. appointed in pursuance of the Election Commissioners Act, 1852, and 
 
 c - 57- the enactments amending the same : 
 
 The expression "High Court" means Her Majesty's High Court of 
 
 Justice in England : 
 The expressions '• court of summary jurisdiction," " petty sessional 
 court," and " Summary Jurisdiction Acts " have the same meaning 
 42 & 43 Vict. as in the Summary Jurisdiction Act, 1879 : 
 
 c - 49 - The expression "the Attorney-General " includes the Solicitor- 
 
 General in cases where the office of the Attorney-General is vacant 
 or the Attorney-General is interested or otherwise unable to act : 
 The expression " registration officer " means the clerk of the peace in 
 a county, and the town clerk in a borough, as respectively defined 
 by the enactments relating to the registration of parliamentary 
 electors : 
 The expression "elector " means any person whose name is for the time 
 being on the agister roll or book containing the names of the persons 
 entitled to vote at the election with reference to which the expression 
 is used : 
 The expression "register of electors" means the eaid register, roll, 
 
 or buok : 
 
 The expression "polling agent" means an agent' of the caudidate 
 
 35 & 36 Vict. appointed to attend at a polling station in pursuance of the Ballot 
 
 c 33. A c t ; 1872, or of the Acts thereiu referred to or amending the same : 
 
 The expression " person " includes an association or body of persons, 
 
 corporate or unincorporate, and where any act is done by any such 
 
 association or body, the members of such association ©r body who 
 
 have taken part in the commission of such act shall be liable to any 
 
 fine or punishment imposed for the same by this Act: 
 
 The expression " committee room " shall not include any house or room 
 
 occupied by a candidate at an election as a dwelling, by reason only 
 
 of the candidate there transacting business with his agents in 
 
 relation to such election ; nor shall any room or building be deemed 
 
 to be a committee room for the purposes of this Act by reason only of 
 
 the candidate or any agent of the candidate addressing therein 
 
 electors, committee men, or others : 
 
 The expression " public office " means any office under the Crown or 
 
 under the charter of a city or municipal borough or under the Acts 
 
 relating to Municipal Corporations or to the Poor Law, or under the 
 
 33 & 34 Vict. Elementary Education Act, 1870, or under the Public Health Act, 
 
 c 75. 1875, or under any Acts amending the above-mentioned Acts, or 
 
 38 & 39 Vict. under any other Acts for the time being in force (whether passed 
 
 c - 55- before or after the commencement of this Act) relating to local 
 
 government, whether the office is that of mayor, chairman, alderman,
 
 The Corrupt and Illegal Practices Prevention Act, 1883. 331 
 
 councillor, guardian, member of a board, commission, or other local 46 & 47 Viet. 
 
 authority in any county, city, borough, union, sanitary district, or <■. •'!• 
 
 otber area, or is the office of clerk of the peace, town clerk, clerk or 
 
 other officer under a council, board, commission, or otber authority, or 
 
 is any other office, to which a person is elected or appointed under 
 
 any such charter or Act as above-mentioned, and includes any other 
 
 municipal or parochial office; and the expressions " election," 
 
 "election petition," "election court," and "register of electors," 
 
 shall, where expressed to refer to an election for any such public 
 
 office, be construed accordingly : 
 
 The expression "judicial office" includes the office of justice of the 
 peace and revising barrister : 
 
 The expression "personal expenses" as used with respect to the 
 expenditure of any candidate in relation to any election includes the 
 reasonable travelling expenses of such candidate, and the reasonable 
 expenses of his living at hotels or elsewhere for the purposes of and 
 in relation to such election : 
 
 The expression " indictment" includes information : 
 
 The expression "costs " includes costs, charges, and expenses : 
 
 The expression " payment " includes any pecuniary or other reward ; 
 and the expressions " pecuniary reward" and "money" shall be 
 deemed to include any office, place, or employment, and any valuable 
 security or other equivalent for money, and any valuable considera- 
 tion, and expressions referring to money shall be construed 
 accordingly : 
 
 The expression "Licencing Acts" means the Licencing Acts, 1872 
 to 1874 : 
 
 Other expressions have the same meaning as in the Corrupt Practices 
 Prevention Acts. 
 
 Mote. Definitions. — Certain of the above definitions are modified for the 
 
 purposes of the application of the provisions of the Act to municipal elections 
 
 by sect. 34 of the Municipal Elections (Corrupt and Illegal Practices) Act, 
 
 1884. 1 
 
 ****** 
 
 (1) 47 & 48 Vict. c. 70, s. 34, post.
 
 47 & 48 Vict, 
 c. 70. 
 
 Appe7idix I. 
 
 Short title. 
 
 THE MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL 
 PRACTICES) ACT, 1884. 
 
 47 & 48 Vict. c. 70. 
 
 An Act for the better Prevention of Corrupt and Illegal Practices at 
 Municipal and other Elections. [14th August 18S4.] 
 
 Note. Application of Act. — The present Act and Part IV. of the 
 Municipal Corporations Act, 1882, 1 which it amends, are, by sect. 48 (3) of 
 the Local Government Act, 1894, 2 rendered applicable, subject to the provi- 
 sions of that Act and to adaptations, alterations, and exceptions made by rules 
 to be framed by the Local Government Board, to every election regulated by 
 rules framed under that Act " in like manner as in the case of a municipal 
 election." The Act will therefore apply to elections of parish councillors, 3 
 guardians, 4 district councillors of a county district other than a borough, 5 
 members of the local board of Woolwich, members of metropolitan vestries 
 under the Metropolis Management Acts, and auditors elected under those Acts. 6 
 It will apparently also to some extent apply in a similar manner to every 
 poll consequent on a parish meeting. 7 
 
 The Act is at present applied to various non-municipal elections, including 
 elections of guardians and of members of urban sanitary authorities other 
 than municipal corporations, by sect. 36. That section, however, appears to 
 be impliedly repealed by the Local Government Act, 1894. The operation 
 of sect. 37, which modifies the provisions of the Act in its application to the 
 non-municipal elections referred to in sect. 36, is on the other hand expressly 
 extended to elections under the Local Government Act, 1894, by sect. 48 (3, 6) 
 of that Act. 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 advice and consent of the Lords Spiritual and Temporal, and Commons, in 
 this present Parliament assembled, and by the authority of the same, as 
 follows; (that is to say,) 
 
 Sect. 1. This Act may be cited as the Municipal Elections (Corrupt 
 and Illegal Practices) Act, 1884. 
 
 Definition and 
 punishment of 
 corrupt practice 
 at municipal 
 election. 
 
 Corrupt Practices. 
 
 Sect. 2. — (1.) The expression " corrupt practice" in this Act means any 
 of the following offences, namely, treating, undue influence, bribery, and 
 personation as defined by the enactments set forth in Part One of the Third 
 Schedule to this Act, and aiding, abetting, counselling, and procuring the 
 commission of the offence of personation. 
 
 (2.) A person who commits any corrupt practice in reference to a 
 municipal election shall be guilty of the like offence, and shall on convic- 
 tion be liable to the like punishment, and subject to the like incapacities, 
 as if the corrupt practice had been committed in reference to a parliamen- 
 tary election. 
 
 (1) 45 & 46 Vict. c. 50, pt. IV., 
 ante. 
 
 (2) 56 & 57 Vict. c. 73 s. 48 (3). 
 
 (3) lb. s. 3 (6). 
 
 (4) lb. s. 20 (5), and see s. 30. 
 
 (5) lb. ss. 23 (5), 24 (4). 
 
 (6) lb. s. 31 (1). 
 
 (7) lb. s. 48 (8).
 
 Municipal Elections, &c, Act, 1884. 333 
 
 Note. Treating. — Section 1 of the Corrupt and Illegal Practices Preven- 47 & 48 Vict, 
 tion Act, 1S83, 1 which now defines the offence of treating, is practically a c. 70. 
 
 re-enactment of the corresponding section of the Corrupt Practices Prevention 
 Act, 1854, 2 with this important difference, that it makes corrupt treating by 
 any person whomsoever a corrupt practice, while the earlier enactment was 
 confined to treating by a candidate, either directly, or through other persons 
 on his behalf. 
 
 The word " corruptly " governs the whole section, and means merely " with 
 the object and intention of doing that thing which the statute intended to 
 forbid." 3 
 
 With regard to the nature of the offence, Cave J., 4 said — " In my judgment 
 the statute does not apply to that form of treating which exists occasionally 
 between social equals, where first the one treats and then the other treats, 
 and which is only one form of ordinary hospitality. Neither does it apply to 
 certain kinds of treating which exist in relation to business matters ; it is not 
 at all uncommon for persons when they have struck a bargain to cement it 
 with a little drink, and it is obvious that the treating referred to in sect. 1 
 of the Act has no reference to treating of that sort. It applies in my judg- 
 ment to that sort of treating which exists where the superior treats his 
 inferior, the treating which gives the treater influence over the person 
 treated, and secures to the former the good will of the latter; not, however, 
 to all cases of this kind does the corrupt treating spoken of in the Act apply. 
 It does not apply where the treating is in return for small services, as where 
 a man may treat a railway guard or porter, or he may treat his own servants ; 
 nor does it apply where the object is to acquire general good will. It must 
 have reference to some election, and it must be for the purpose of influencing 
 the vote of the person treated. What the object is in each particular case 
 must depend upon the circumstances of the case." 
 
 The following are three of the most recent cases in which questions as to 
 treating have arisen : — In the Aylesbury case s a sitting member, who had just 
 announced himself as a candidate for the ensuing election, gave an entertain- 
 ment called a school treat, which was attended by over 7000 persons, and at 
 which wine, tea and cake were provided in tents, tickets for admission to 
 which were distributed without reference to political considerations. It 
 appeared that it had been the custom for some years previously to hold 
 similar school treats. On the occasion in question, the number of persons 
 present was considerably greater than it had been before, but that circum- 
 stance was accounted for in various ways. It was held that there was no 
 " corrupt" intention on the part of the candidate, and that he had therefore 
 not been guilty of treating. In the Hexham case, 6 the treasurer of a political 
 association who expended sums in defraying expenses of picnics given by local 
 political associations, was held to have been guilty of treating. In the 
 Jiochester case 7 it was held to amount to treating, where refreshments were 
 supplied at a conversazione under circumstances that the Court thought 
 showed an intention to influence the election. 
 
 Undue Influence. — The definition of this offence contained in the Corrupt 
 and Illegal Practices Prevention Act, 1883, 8 and incorporated with the present 
 
 (1) 40 & 47 Vict. c. 51, s. 1. Petition (Hill v. Peel) (1869), 1 O'M. 
 
 (2) 17 & 18 Vict. c. 102, s. 4, now & H. 75 at p. 82 ; S. C. 20 L. T. 181 ; 
 repealed. Lo>ith Petition (Kirk v. Callan) 
 
 (3) Per Blackburn, J., in the (1880), 3 O'M. & H. 161. 
 
 North Norfolk Petition (Cohnan v. (4) Noririch Petition (Dirlbeck v. 
 
 Walpoh ) (i869) 1 O'M. & H. 236, at Bidlard) (1886), 4 O'M. & II. 81, at 
 
 p. 242 ; 8. C. 21 L. T. 264; and see p. 91 ; 8. C. 54 L. T. 625. 
 
 Beirdley Petition (Sturqe v. Glass) (5) Aylesbury Petition (Ckarsley 
 
 (1869), 1 O'M. & H. 16, at p. 19 ; v. Rothschild) (1886), 4 O'M. & H. 
 
 S. C. 19 L. T. 676; Wallingford 59. 
 
 Petition (Dilke v. Vickars) (1869), (6) Hexham Petition (Hudspeth v. 
 
 1 O'M. & H. 57; 19 L. T. 766; Clayton) (1892), 4 O'M. & H. 143. 
 
 Sta'eybridije Petition (Oi/dcn v. Side- (7) Rochester Petition (Barry v. 
 
 bottom) (1869), 1 O'M. & H. 66, at Davies) (1892), 4 O'M. & H. 156. 
 
 p. 73 ; 8. C. 20 L. T. 75 ; Tamworth (8) 46 & 47 Vict. c. 51, s. 2.
 
 334 Appendix I. 
 
 47 & 48 Vict. Act is a re-enactment in but slightly altered language of the earlier defini- 
 c. 70. tion contained in the Corrupt Practices Prevention Act, 185-i 1 ; the words 
 
 " temporal or spiritual " are new, but do not seem to effect any material 
 alteration in the law. 
 
 The definition includes influence exercised by landlords over their tenants 
 by threats of eviction, 2 by employers over persons employed by them by 
 threats of dismissal, 3 or by customers over persons with whom they deal by 
 threats to take away custom; 4 also the influence that priests or ministers 
 of religion may exercise by working on the spiritual hopes and fears of 
 voters. 5 
 
 In two cases a question has arisen whether the issue of cards similar to 
 ballot papers, marked with a cross opposite the one candidate's name, and 
 bearing a statement, that if any voter marked his paper otherwise, the vote 
 would-be lost, amounted to a " fraudulent device " within the meaning of the 
 enactments defining undue influence ; but in both cases it was held that thei'e 
 was no intention on the part of the person issuing the cards to mislead voters, 
 and that what was done was therefore not an attempt to exercise undue 
 influence. 6 
 
 In an Irish case, 7 one candidate published a statement to the effect that the 
 secrecy of the Ballot Act could be infringed with impunity, and that he 
 could ascertain how voters had voted, and the judges differed as to whether 
 this was a "fraudulent device." 
 
 Briber//. — With regard to the definitions of bribery incorporated with the 
 Act, by this section, the following points may be noticed. It is no answer to 
 a charge of bribery that the person whose vote it was attempted to influence 
 was not entitled to vote, if he was on the register, and had therefore, a. prima 
 facie right to vote. 8 The proviso to sect. 1 of the Act of 1854, is somewhat 
 ill-expressed; it " refers no doubt to the various legal expenses incurred at 
 elections, such as printing, messengers, hire of committee rooms . . . and 
 expenses of that nature." 9 Apparently the mere offer on the part of a voter 
 to sell his vote is not bribery. 10 
 
 It is to be observed that sect. 49 of the Representation of the People Act, 
 1867, 11 does not render it illegal to pay a person's rate in order to enable him 
 
 ' (1) 17 & 18 Vict. c. 102, s. 5, now Fullam) (1892), 4 CM. & H. 130 ; 
 
 repealed. Forth Heath Petition (Hahony v. 
 
 (2) See North Norfolk Petition Davitt) (1892), 4 O'M. & H. 185. 
 (Colman v. Walpole) (1869), 1 O'M. & (6) Gloucester Petition (Guise v. 
 H. 236, per Blackburn, J., at p. 241 ; Walt) (1873), 2 O'M. & H. 59 ; 
 
 5 C. 21 L. T. 264; Windsor Petition Stepney Petition {Isaacson v. Durant) 
 (Herbert v. Gardner) (1874), 2 O'M. (1886), 4 O'M. & H. 34, at p. 55 ; 
 
 6 H. 88 ; 31 L. T. 133. 8. C. 54 L. T. 684/ 
 
 (3) See Westbury Petition (Laver- (7) Down Petition (Hacartney v. 
 ton v. Phipps) (1869), 1 O'M. & H. CaMereayh) (1880), 3 O'M. & H. 115. 
 47 • 20 L. T. 16 ; Blackburn Petition (8) Guildford Petition (Elklns v. 
 (Potter v. Hornby) (1869), 1 O'M. & Onslow) (1869), 1 O'M. & H. 13 ; 19 
 H 198 • 9 L T. 823. L. T. 729 ; Lichfield Petition (Anson 
 
 '(4) Pe"r Blackburn, J., in the v. Dyott) (1869), 1 O'M. & H. 22 ; 20 
 
 North Norfolk Petition, vhl sup. Cf. L. T. 11. 
 
 Northallerton Petition (Johns v. Hut- (9) Per Watson, B., in Cooper v. 
 
 ton) (1869), 1 O'M. & H. 166; 21 Slade (1858), 6 H. L. C. 746, at 
 
 L. T. 113, where it was held that a p. 764; S. C. 27 L. J. Q. B. 449 ; 
 
 threat to give up a pew at a Noncon- 4 Jur. N. S. 791 ; 6 W. R. 461. See 
 
 formist chapel was undue influence. also per Bramwell, B., in that case, 
 
 (5) See the Galway Petition H. L. C. at p. 765, and the Coven- 
 
 (HcGovem v. St. Lawrence) (1869), try Petition (Berry v. Eaton) (1869), 
 
 1 O'M. & H. 303 ; Longford Petition 1 O'M. & H. 97, at p. 101 ; S. C. 20 
 (Broderlck v. Greville Nugent) (1870), L. T. 405. 
 
 2 O'M. & H. 6 ; Tlpperary Petition (10) Hallow Petition (Knox v. 
 (Mackay v. Heron) (1870), 2 O'M. & Hunster) (1870), 2 O'M. & H. 18, at 
 H. 31 ; Galway Petition (Trench v. p. 21. 
 
 Nolan) (1872), 2 O'M. & H. 46; (11) 30 & 31 Vict. c. 102, s. 49. ' 
 
 South Heath Petition (Dalton v.
 
 Municipal Elections, &c, Act, 1884. 
 
 335 
 
 to be put on the register, unless the payment is made corruptly in order to 47 Si 48 Vict. 
 influence his vote. 1 c. 70. 
 
 Questions naturally arise very frequently, especially before election courts, 
 as to whether a particular transaction ostensibly innocent does not really 
 amount to bribery. The more important decisions on such questions, which, 
 are of course largely questions of fact, are very briefly summarised below. 
 
 Gifts made under colour of charity have been held to be bribes; 2 while 
 bond fide charity or munificence, or lavish expenditure in the constituency, 
 even though stimulated by the hope of securing popularity in view of a 
 forthcoming election, has been held not to amount to bribery. 3 
 
 Formerly candidates commonly employed large numbers of persons as 
 messengers, etc., in connection with elections, and questions frequently arose 
 as to whether such persons were employed bond fide, or merely colourably, 
 their wages being really bribes and not payment for services rendered. 4 Such 
 questions are unlikely to arise in future, as the recent statutes impose rigid 
 conditions on the employment of paid workers in connection with elections. 5 
 
 It has been held to be bribery, where the circumstances show an intention 
 to influence votes, for an employer to give his workmen a holiday on polling 
 day without docking their wages. 6 But in one case, where a holiday on full 
 wages was given under circumstances that the Court thought negatived a 
 corrupt intention, it was held that the employer had not been guilty of 
 bribery. 7 Employers are now by a recent Act 8 enabled, subject to certain 
 conditions, to permit their workmen to absent themselves for the purpose of 
 polling at parliamentary elections without loss of wages ; but that Act does 
 not extend to municipal elections. 
 
 The payment of a voter's travelling expenses to or from the poll is 
 bribery, if the payment is conditional upon his voting, but not otherwise. 9 
 
 (1) Cheltenham Petition {Gardner 
 v. Samuelson) (1869) 1 O'M. & H. 
 62 ; 19 L. T. 816 ; Oldham Petition 
 {Cobbett v. Hibbert) (1869), 1 O'M. & 
 H. 151, at p. 164. 
 
 (2) Boston Petition {Malcolm v. 
 Ingram) (1874), 2 O'M. & H. 161 ; 
 and see the sequel to that case, 
 Malcolm v. Parry, L. R. 9 C. P. 610; 
 8. C. nam. Malcolm v. Ingram, 43 
 L. J. C. P. 331 ; 31 L. T. 331. 
 
 (3) Windsor Petition {Richardson 
 Gardner v. Eykin) (1869), 1 O'M. & 
 H. at p. 2; S. C. 19 L. T. 613; 
 Westbury Petition {Lara-ton v. 
 
 Phipps) (1869), 1 O'M. & H. 47, at 
 p. 49; S. C. 20 L. T. 16; Hastings 
 Petition { Calthorpe v. Brassey) (1869), 
 1 O'M. & H. 217; 21 L. T. 234; 
 Stafford Petition {Chawner v. Meller) 
 (1869), 1 O'M. & H. 228; 21 L. T. 
 210; Belfast Petition {M'Tier. v. 
 M'Clure) (1869), 1 O'M. & H. 281; 
 Windsor Petition {Herbert v. Gardner) 
 (1874), 2 O'M. & H. 88 ; 31 L. T. 
 133; Plymouth Petition {Latimer v. 
 Pates) (1880), 3 O'M. & H. 107 ; 
 Salisbury Petition {Moore v. Kcn- 
 nard) (1883), 4 O'M. & H. 21, at 
 p. 28. 
 
 (4) See Tamworth Petition {Hill 
 v. Peel) (1869), 1 O'M. & H. 75 ; 20 
 L. T. 181; Penryn Petition {Broad 
 v. Fowler) (1869), 1 O'M. & H. 127 ; 
 Durham Petition {James v. Thompson) 
 
 (1874), 2 O'M. & H. 134; 31 L. T. 
 227 ; Boston Petition {Tunnard v. 
 Ingram) (1880), 3 O'M. & H. 151 ; 
 44 L. T. 287 ; Oxford Petition {Green 
 v. Hall) (1880), 3 O'M. & H. 155 ; 
 Salisbury Petition {Moore v. Kcn- 
 nard) (1883), 4 O'M. & H. 21. 
 
 (5) Corrupt and Illegal Practices 
 Prevention Act, 1883 (46 & 47 Vict, 
 c. 51), s. 17; and, as to municipal 
 elections, s. 13 of the present Act. 
 
 (6) Gravesend Petition {Truscott 
 v. Bevan) (1880), 3 O'M. & H. 81 ; 
 44 L. T. 04. 
 
 (7) Stroud Petition {Baynes v. 
 Stanton) (1874), 2 O'M. & H. 181. 
 
 (8) Parliamentary Elections Cor- 
 rupt Practices Act, 1885 (48 & 49 
 Vict. c. 56). As to the payment of 
 wages since the passing of that Act, 
 see Aylesbury Petition {Charsley v. 
 Rothschild) (1886) 4 O'M. & H. 59. 
 
 (9) Cooper v. Slade (1858), 6 
 H. L. C. 746 ; 27 L. J. Q. B. 449 ; 4 
 Jur. N. S. 791 ; 6 W. Pv. 261 ; Lich- 
 field Petition {Anson v. Dyott) 
 (1869), 1 O'M. & H. 22, at p. 28 ; 
 S. C. 20 L. T. 11 ; Coventry Petition 
 {Berry v. Eaton) (1869), 1 O M. &H. 
 97. r.t pp. 105, 109 ; S. C. 20 L. T. 
 405 ; Northallerton Petition {Johns 
 v. Button) (1869), 1 O'M. & II. 167 ; 
 Dublin Petition { Woodlock v. Guiness) 
 (1869), 1 O'M. & II. 270; Bolton 
 Petition {Ormcrod v. Crcs) (1874),
 
 33^ 
 
 Appendix I. 
 
 47 & 48 Vict. 
 c. 70. 
 
 Incapacity of 
 candidate re- 
 ported guilty of 
 corrupt practice. 
 45 & 46 Vict. " 
 c. 50. 
 
 The payment of such expenses is now in any case illegal payment. 1 
 
 Where A. undertook, if B. would stand jointly with him for a constituency, 
 to defray B.'s expenses, but it did not appear that A.'s offer was really au 
 attempt to purchase B.'s influence, the Court held that the arrangement was 
 legal. 2 And there is nothing per se illegal in contributing towards a candi- 
 date's expenses. 3 
 
 It was held that bribery at a test ballot held to determine who, among 
 three candidates belonging to the same party, should ultimately contest an 
 election, was bribery with reference to the ultimate election. 4 
 
 The following are further instances of forms that bribery has taken : — An 
 offer to remunerate a voter for loss of time in going to vote ; s payments 
 made under colour of remuneration for loss of time in attending the revising 
 barrister's court, 6 though payments bond fide made for a like purpose have 
 been held to be legal ; 7 payment of a voter's debt in order to get him out 
 of custody and enable him to vote : 8 an offer to vacate a seat on a town 
 council in favour of a voter ; 9 permission to shoot rabbits on a candidate's 
 property ; I0 colourable hiring of committee rooms. 11 
 
 Personation. — The essence of this offence is the fraudulent intention ; it is 
 not personation where a person votes erroneously honestly believing himself 
 entitled to vote. 12 
 
 False Declaration as to Election Expenses. — By sect. 21 (5) a candidate who 
 knowingly makes a false declaration as to his election expenses, is guilty of a 
 corrupt practice; that offence must therefore be added to the list of corrupt 
 practices in the present section as regards municipal elections. The section, 
 however, does not apply to elections under the Local Government Act, 
 1894. 
 
 Consequences of Conviction for Corrupt Practices. — With regard to the 
 punishment of persons guilty of corrupt practices and the incapacities arising 
 from conviction of such offences, see sects. 28 (4) & 31, post, and the Corrupt 
 and Illegal Practices Prevention Act, 1883, sect. 6. 1S 
 
 Sect. 3. — (1.) Where upon the trial of an election petition respecting a 
 municipal election for a borough or ward of a borough it is found by the 
 report of an eleclion court made in pursuance of section ninety-three of 
 the Municipal Corporations Act, 1882, that any corrupt practice, other 
 than treating and undue influence, has been proved to have been com- 
 mitted in reference to such election by or with the knowledge and consent 
 
 2 O'M. & H. 138; 31 L. T. 194; 
 Horsham Petition (Aldridje v. Hurst) 
 (1876), 3 O'xM. & H. 52 ; Harwich 
 Petition (Tomline v. Tyler) (1880), 
 
 3 O'M. & H. 61, at p. 64; S. C. 44 
 L. T. 187. 
 
 (1) Corrupt and Illegal Practices 
 Prevention Act, 1883 (46 & 47 Vict. 
 c. 51), s. 7, and see ss. 13, 14 ; and, as 
 to municipal elections, s. 4 of the pre- 
 sent Act, and see ss. 9, 10. 
 
 (2) Coventry Petition (Berry v. 
 Eaton) (1869). 1 O'M. & H. 97 ; 20 
 L. T. 405. 
 
 (3) lb.; Belfast Petition (M' Tier 
 v. M'C'lure) (1869), 1 O'M. & H. 281. 
 
 (4) Britt v. Eobinson (Bristol 
 Petition) (1870), L. R. 5 C. P. 503; 
 39 L. J. C P. 265 ; 23 L. T. 188 ; 18 
 W. R. 866. 
 
 (5) Simpson v. Yccnd (1869), L. R. 
 
 4 Q. B. 626 ; 38 L. J. Q. B. 313 ; 21 
 L T. 56 ; 17 W. R. 1100; 10 B. &S. 
 752. 
 
 (6) Taunton Petition (Mellor r. 
 Cox) (1869), 1 O'M. & H. 181 ; 21 
 L. T. 169. 
 
 (7) Hastings Petition (Calthorpe 
 v. Brassey) (1869), 1 O'M. & H. 217 ; 
 21 L. T. 231. 
 
 (8) Londonderry Petition 
 (31'Gowan v. Bowse) (1869), 1 O'M. 
 & H. 274. 
 
 (9) Waterford Petition (Condon v. 
 Osborne) (1870), 2 O'M. & M. 24. 
 
 (10) Launceston Petition (Brink- 
 water v. Beakin) (1874), 2 O'M. & H. 
 129 ; 30 L. T. 823. 
 
 (11) Sandwich Petition (Goldsmid 
 v. Roberts) (1880), 3 O'M. & H. 158. 
 
 (12) Atidone Petition (Shiel v. 
 Ennis) (1880), 3 O'M. & H. 57 ; 
 Stepney Petition (Isaacson v. Durant) 
 (1886), 4 O'M. & H. 34, at p. 43 ; S. C. 
 54 L. T. 684; Finsbun/ Petition 
 (Penton v. Naorajt) (1892), 4 O'M. 
 &H. 171. 
 
 (13) 46 & 47 Vict. c. 51, s. 6, ante.
 
 Municipal Elections, &>c, Act, 1884. 337 
 
 of any candidate nt such election, or that the offence of treating or undue 47 & 48 Vict. 
 
 influence has been proved to have heen committed in reference to .such c. 70. 
 
 •election by any candidate at such election, that candidate shall not be 
 
 capable of ever holding a corporate office in the said borough, and if lie 
 
 has been elected his election shall be void ; and he shall further be smb- 
 
 jeut to the same incapacities as if at the date of the said report he had 
 
 been convicted of a corrupt practice. 
 
 (2.) Upon Ihe trial of an election petition respecting a municipal 
 election for a borough or ward of a borough in which a charge is made of 
 ■any corrupt practice having been committed in reference to such election, 
 the election court shall report in writing to the High Court whether any 
 of the candidates at such election has been guilty by his agents of any 
 corrupt practice in reference to such election, and if the report is that any 
 candidate at Mich election has been guilty by his agents of a corrupt 
 practice in reference to such election, that candidate shall not be capable 
 of being elected to or holding any corporate office in the said borough, 
 during a period of three years from the date of the report, and if he has 
 been elected, his election shall be void. 
 
 Note. Report of Election Court. — With regard to this report, see sect. 93 
 •of the Municipal Corporations Act, 1882, 1 and the note to that section, ante. 
 
 Incapacities. — As to the incapacities resulting from conviction of corrupt 
 practices, see sects. 28 (4) & 31, and the Corrupt and Illegal Practices Preven- 
 tion Act, 1883, sect. 6. 2 As to incapacities resulting from the report of an 
 election court, that a person has been guilty of corrupt practices, see further 
 the portions of the same Act 3 referred to in sect. 23 of the present Act. 
 
 The report of an election court in order to entail any incapacity upon a 
 person whose conduct is reported on, must definitely state that such person 
 has been guilty ; it is not sufficient if it merely states facts from which guilt 
 may be inferred. 4 
 
 Illegal Practices. 
 
 Sect. 4. — (1.) No payment or contract for payment shall, for the purpose Certain expendi- 
 ■of promoting or procuring the election of a candidate at a municipal ture to be illegal 
 election, be made — practice. 
 
 (a.) on account of the conveyance of electors to or from the poll whether 
 for the hiring of horses or carriages, or for railway fares, or 
 othersvise ; or 
 (o.) to an elector on account of tho use of any house, land, building, or 
 premises for the exhibition of any address, bill, or notice, or on 
 account of the exhibition of any address, bill, or notice ; or 
 i(e.) on account of any committee room in excess of the number allowed 
 by this Act (that is to say), if the election is for a borough one 
 committee room for the borough, and if the election is for a ward 
 one committee room for the ward, and if the number of electors 
 in such borough or ward exceeds two thousand, one additional 
 committee room for every two thousand electors and incomplete 
 part of two thousand electors, over and above the said two 
 thousand. 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any payment or contract for payment is knowingly made in contra- 
 vention of this section either before, during, or after a municipal election, 
 the person making such payment or contract shall be guilty of an illegal 
 practice, and any person receiving such payment or being a party to any 
 such contract, knowing the same to be iu contravention of this Act, shall 
 also be guilty of an illegal practice. 
 
 (3.) Provided that where it is the ordinary business of an elector as an 
 
 (1) 45 & 46 Vict. c. 50, s. 93. (1877) 3 C. P. D. 80 ; 47 L. J. C. P. 
 
 (2) 4G &47 Vict, c. 51, s. 6, ante. 59; 37 L. T. 404; 26 W. K. 169 
 
 (3) lb., ss. 37, 38. 2 Hopw. & C. 358. 
 
 (4) Grant v. Pagham (overseers)
 
 333 
 
 Appendix I. 
 
 47 & 48 Vict, advertising agent to exhibit for payment bills and advertisements, a pay- 
 c. 70. ment to or contract with such elector if made in the ordinary course of 
 
 business, shall not be deemed to be an illegal practice within the meaning 
 of this section. 
 
 Note. Conveyance of Electors. — Sect. 10 makes further provisions as to 
 the conveyance of electors to and from the poll. 
 
 Committee Room. — For a definition of this expression, see sect. 64 of the 
 Corrupt and Illegal Practices Prevention Act, 1883. 1 
 
 Exceptions. — As to the exception referred to in sub-sect. (2), see sects. 19 
 and 20. 
 
 Sect. 5. — [Expense in excess of maximum to he illegal practice.'] 
 
 Note. Election Expenses. — The present section imposes a limit on the^ 
 expenses that may be incurred in connection with candidature for the office of 
 councillor of a borough ; and forbids the incurring of any expense in 
 connection with candidature for any other corporate office in a borough. It 
 does not apply to elections under the Local Government Act, 1894. 2 
 
 Voting by pro- Sect. 6. — (1.) If any person votes or induces or procures any person to 
 hibited persons yote a f. a mx micipal election, knowing that he or such person is prohibited, 
 ^se^tetemems whether by this or any other Act, from voting at such election, he shall 
 of withdrawal toi be guilty of an illegal practice, 
 be illegal. (2.) Any person who before or during a municipal election knowingly 
 
 publishes a false statement of the withdrawal of a candidate at such 
 
 election for the purpose of promoting or procuring the election of another 
 
 candidate shall be guilty of an illegal practice. 
 
 (3.) Provided that a candidate shall not be liable, nor shall his election 
 
 be avoided, for any illegal practice under this section committed without 
 
 his knowledge and consent. 
 
 Note. Persons Prohibited from Voting. — As to persons prohibited by 
 statute from voting at a municipal election, see the note to sect. 100 of the 
 Municipal Corporations Act, 1882, 3 ante. 
 
 Sect. 7. A person guilty of an illegal practice in reference to a municipal 
 election, shall on summary conviction be liable to a fine not exceeding one 
 hundred pounds, and be incapable during a period of five years from the 
 date of his conviction of being registered as an elector or voting at any 
 election (whether it be a parliamentary election or an election for a public 
 office within the meaning of this Act) held for or withiu the borough in 
 which the illegal practice has been committed. 
 
 Note. — Illegal Practices. — As to what are " illegal practices," see sects. 4 f 
 5 (2), 6, 14, 17, 21, 36 (1, g). j m <.'-.*, 
 
 The same proceeding may obviously be at once an illegal practice and a 
 corrupt practice ; and it is expressly provided, 4 that a person charged with 
 an illegal practice may be convicted of that offence, notwithstanding that the 
 act constituting the offence amounted to a corrupt practice. 
 
 Indictment. — Though an illegal practice is not, generally speaking, an 
 indictable offence, a person charged with a corrupt practice may, if the 
 circumstances warrant such finding, be found guilty of any illegal practice, 
 which offence is for that purpose to be an indictable offence. 5 
 
 Excuse for Illegal Practice. — Under sects. 19, 20 and 21, the Courts have 
 certain powers for relieving persons against the consequences of illegal 
 practices. 
 
 Punishment on 
 conviction of 
 illegal practice. 
 
 (1) 46 & 47 Vict. c. 51, s. 64, 
 ante. 
 
 (2) 56 & 57 Vict. c. 73, s. 48 (3); 
 and see s. 37 of the present A ct. 
 
 (3) 45 & 46 Vict. c. 50, s. 100. 
 
 (4) Corrupt and Illegal Practices 
 Prevention Act, 1883 (46 & 47 Vict. 
 c. 51), s. 52, ante, incorporated with 
 the present Act by s. 30, post. 
 
 (5) lb.
 
 Municipal Elections, &>c. } Act, 1884. 339 
 
 Sect. 8. — (1.) An illegal practice within the meaning of this Act shall 47 & 48 Vict. 
 he deemed to be an offence against Part Four of the Municipal Corpora- c. 70. 
 
 tions Act, 1882, and a petition alleging such illegal practice may be incapacity of 
 presented and tried accordingly. candidate re- 
 
 (2.) Upon the trial of an election petition respecting a municipal ported guilty of 
 election for a borough or ward of a borough in which a charge is made of ''''^j V'y'\" 
 any illegal practice having been committed in reference to such election, Ci 5 y. 
 the election court shall report in writing to the High Court whether any 
 of the candidates at such election has been guilty by himself or his agents 
 of an illegal practice in reference to such election, and if the report is that 
 a candidate at such election has been guilty by himself or his agents of 
 an illegal practice in reference to such election, the candidate shall not be 
 capable of being elected to or of holding any corporate office in the said 
 borougli during the period for which he was elected to serve, or for which 
 if elected he might have served, and if he was elected, his election shall 
 be void ; and, if the rejiort is that such candidate has himself been guilty 
 of such illegal practice, he shall also be subject to the same incapacities as 
 if at the date of the report he had been convicted of such illegal practice. 
 
 Note. Municipal Corporations Act, 1882. — Portions of this Act, 1 including 
 Part IV. are set out, ante. 
 
 Report of Election Court. — As to this report, see sect. 93 of the Act above 
 mentioned,- and the note to that section. 
 
 Illegal Payment, Employment, and Hiring. 
 
 Sect. 0. Where a person knowingly provides money for any payment Providing of 
 which is contrary to the provisions of this Act, or for any expenses incurred j^cUce or pay?' 
 in excess of any maximum amount allowed by this Act, or for replacing mentto be illogii 
 any money expended in any such payment, except where the same may payment, 
 have been previously allowed in pursuance of this Act to be an exception, 
 such person shall be guilty of illegal payment. 
 
 Note. Illegal Payment. — The provisions of the Act as to the maximum 
 amount of election expenses will not apply to elections under the Local 
 Government Act, 1894. 3 As to the consequences of illegal pavment, see sects. 
 17, 18, 22. 
 
 Exception. — As to the exception referred to, see sects. 19, 20. 
 
 Sect. 10. — (1.) A person shall not let, lend, or employ for the purpose Employment of 
 of the conveyance of electors to or from the poll at a municipal election, haelmeycarriagea 
 any public stage or hackney carriage, or any horse or other animal kept or and horse^kept 
 used for drawing the same, or any carriage, horse, or other animal which for hire 
 he keeps or uses for the purpose of letting out for hire, and if he lets, 
 lends, or employs such carriage, horse, or other animal, knowing that it is 
 intended to be used for the purpose of the conveyance of electors to or from 
 the poll, he shall be guilty of illegal hiring. 
 
 (2.) A person shall not hire, borrow, or use for the purpose of the con- 
 veyance of electors to or from the poll any carriage, horse, or other animal 
 which he knows the owner thereof is prohibited by this section to let, 
 lend, or employ for that purpose, and if he does so he shall be guilty of 
 illegal hiring. 
 
 (3.) Nothing in this Act shall prevent a carriage, horse, or other animal 
 being let to or hired, employed, or used by an elector, or several electors 
 at their joint cost, for the purpose of conveying him or them to or from the 
 poll. 
 
 (4.) No person shall be liable to pay any duty or to take out a licence 
 for any carriage by reason only of such carriage being used without pay- 
 ment or promise of payment for the conveyance of electors to or from the 
 poll at an election. 
 
 (1) 45 & 46 Vict, c. 50. (3) 56 & 57 Vict. c. 73, s. 48 (3), 
 
 (2) lb. s. 93. and see sect. 37 of the present Act. 
 
 Z 2
 
 34° 
 
 Appendix I. 
 
 47 & 48 Vict. Note. Tllegal Hiring. — As to the consequences of this offence, see 
 c. 70. sects. 17, 18, 22. 
 
 Conveyance of Electors. — For further provisions as to the conveyance of 
 electors to or from the poll, see sect. 4. 
 
 Corrupt with- 
 drawal from a 
 candidature. 
 
 Certain expendi- 
 ture to be illegal 
 payment. 
 
 Certain employ- 
 ment to be 
 illegal. 
 
 Sect. 11. Any person who corruptly induces or procures any other 
 person to withdraw from being a candidate at a municipal election, in con- 
 sideration of any payment or promi.-e of payment, shall be guilty of illegal 
 payment, and any person withdrawing in pursuance of such inducement 
 or procurement shall also be guilty of illegal payment. 
 
 Note. Illegal Payment. — As to the consequences of this offence, see 
 sects. 17, 18, 22. 
 
 Sect. 12. — (1.) No payment or contract for payment shall, for the 
 purpose of promoting or procuring the election of a candidate at a 
 municipal election, be made on account of bands of music, torches, flags, 
 banners, cockades, ribbons, or other marks of distinction. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any payment or contract for payment is made in contravention of 
 this section, either before, during, or after an election, the person making 
 such payment shall be guilty of illegal payment, and any person being a 
 party to any such contract or receiving such payment shall also be guilty 
 of illegal payment if he knew that the same was made contrary to law. 
 
 Note. Banners. — In the Stepney case, 1 broad strips of canvas bearing the 
 words " Isaacson for Stepney," and stretched across the streets, were held to 
 be banners. 
 
 Marks of Distinction. — Hat cards made expressly to be worn in the hat 
 have been held to be marks of distinction, 2 but the opposite view was taken in 
 an Irish case as to cards not made for that purpose, though in fact to some 
 extent worn as hat cards. 3 
 
 Illegal Payment. — As to the consequences of this offence, see sects. 17, 
 
 18, 22. 
 
 Exception. — As to the exception referred to in sub-section (2), see sects. 
 
 19, 20. 
 
 Sect. 13. — (1.) No person shall, for the purpose of promoting or procuring 
 the election of a candidate at a municipal election, be engaged or employed 
 for payment or promise of payment for any purpose or in any capacity 
 whatever, except as follows (that is to say), 
 
 (a.) a number of persons may be employed, not exceeding two for a 
 borough or ward, and if the number of electors in such borough 
 or ward exceeds two thousand one additional person may be 
 employed for every thousand electors and incomplete part of a 
 thousand electors over and above the said two thousand, and 
 such persons may be employed as clerks and messengers, or in 
 either capacity ; and 
 (6.) one polling agent may be employed in each polling station : 
 Provided that this section shall not apply to any engagement or em- 
 ployment for carrying into effect a contract bond fide made with any person 
 in the ordinary course of business. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any person is engaged or employed in contravention of this section, 
 cither before, during, or after an election, the person engaging or em- 
 ploying him shall be guilty of illegal employment, and the person so 
 engaged or employed shall also be guilty of illegal employment if he knew 
 that he was engaged or employed in contravention of this Act. 
 
 (1) Stepney Petition (Isaacson v. 
 Durant) (1892), 4 O'M. & H. 178. 
 
 (2) Walsall Petition (Hately v. 
 James) (1892), 4 O'M. & H. 123. 
 
 (3) East Clare Petition (Cox r. 
 Redmond) (1892), 4 O'M. & H. 162 ; 
 and see Pontefract Petition (Shaw v. 
 Peckitt) (1893), 4 O'M. & H. 200.
 
 Municipal Elections, &c, Act, 1884. 341 
 
 (3.) A person legally employed for payment under this section may or 47 & 48 Vict, 
 may not be an elector, but may not vote. c - 7 ^. 
 
 Note. Illegal Employment. — As to the consequences of this offence, see 
 sects. 17, 18, 22. 
 
 The expression payment is defined in the Corrupt and Illegal Practices 
 Prevention Act, 1883 j 1 and under that definition it was held that persons 
 employed in connection with an election who were given refreshments, but no 
 money, were employed for "payment." 2 
 
 Exception. — As to the exception referred to in sub-section (2), see sects. 
 19, 20. 
 
 Sect. 14. Every bill, placard, or poster having reference to a municipal Name and 
 election shall bear upon the face thereof the name and address of the *„ pi^ni™ 
 printer and publisher thereof; and any person printing, publishing, or 
 posting, or causing to be printed, published, or posted, any such bill, 
 placard, or poster as aforesaid, which fails to bear upon the face thereof 
 the name and address of the printer and publisher, shall, if he is a candi- 
 date, be guilty of an illegal practice, and if he is not the candidate, shall be 
 liable on summary conviction to a fine not exceeding one hundred pounds. 
 
 Note. Illegal Practice. — As to the consequences of this offence, see wets. 
 7, 8, 22. 
 
 Causing placard, $c, to be printed. — Where B. was a candidate at an 
 election, and it was found that A. had received from his own servant at his 
 residence a printed address and letter having reference to the election, and 
 purporting to be signed by B. without the printer's name and address ; that 
 the document was printed for publication under instructions conveyed to the 
 printer by B.'s brother, who resided with him ; and that the printer had 
 debited B. with the cost of printing the bill, but had not been paid : it was 
 held that there was no evidence that B. had caused the document to be 
 printed. 3 
 
 Sect. 15. The provisions of this Act prohibiting certain payments and Saving for 
 contracts for payments, and the payment of any sum, and the incurring of creditors. 
 any expense, in excess of a certain maximum, shall not affect the right of 
 any creditor who, when the contract was made or the expense -was incurred, 
 was ignorant of the same being in contravention of this Act. 
 
 Sect. 1G — (1.) (a.) Any premises, which are licensed for the sale of any Use of certain 
 intoxicating liquor for consumption on or off the premises, or on which r ' reI ^ t s brooms 
 refreshment of any kind (whether food or drink) is ordinarily sold for ™™™ eting9 10 ^ 
 consumption on the premises, or illegal hiring. 
 
 (6.) Any premises where any intoxicating liquor is supplied to members 
 of a club, society, or association, or any part of any such premises, 
 
 shall not, for the purpose of promoting or procuring the election of a 
 candidate at a municipal election, be used either as a committee room or 
 for holding a meeting, and if any person hires or uses any such premises 
 or any part thereof in contravention of this section he shall be guilty of 
 illegal hiring, and the person letting or permitting the use of such premises 
 or part thereof, if he knew it was intended to use the same, in contraven- 
 tion of this section, shall also be guilty of illegal hiring. 
 
 (2.) Provided that nothing in this section shall apply to any part of 
 such premises which is ordinarily let for the purpose of chambers or offices 
 or the holding of public meetings or of arbitrations, if such part has a 
 separate entrance and no direct communication with any part of the 
 premises on which any intoxicating liquor or refreshment is sold or 
 supplied as aforesaid. 
 
 (1) 46 & 47 Vict. c. 51, s. 64, O'M. & H. 76 : 54 L. T. 168. 
 applied to the present Act by s. 34, (3) Bettesworth v. Allinaham 
 post. (1885), 16 Q. B. D. 44 ; 34 W. K. 
 
 (2) B 'arrow-in- Fxirness Petition 296 ; 50 J. P. 55. 
 {Schneider v. Duncan) (1886), 4
 
 342 
 
 Appendix I. 
 
 47 & 48 Vict, 
 c. 70. 
 
 Punishment of 
 illegal payment, 
 employment, or 
 tiring. 
 
 Avoidance of 
 election for ex- 
 tensive illegal 
 practices, &c. 
 
 Report exonerat- 
 ing candidate in 
 certain cases of 
 corrupt and 
 illegal practice 
 by agents. 
 
 Note. Illegal Hiring. — As to the consequences of this offence, see sects. 17, 
 18, 22. 
 
 Sect. 17. — (1.) A. person guilty of an offence of illegal payment, em- 
 ployment, or hiring shall, on summary conviction, be liable to a fine not 
 exceeding one hundred pounds. 
 
 (2.) Where an offence of illegal payment, employment, or hiring is 
 committed by a candidate, or with his knowledge and consent, such 
 candidate shall be guilty of an illegal practice. 
 
 Note. Offences — As to illegal payment, see sects. 9, 11, 12 ; as to illegal 
 employment, see sect. 13 ; as to illegal hiring, see, sects. 10, 16. 
 
 Illegal Practice. — As to the consequence of this offence, see sects. 7, 8, 22. 
 
 Sect. 18. Where upon the trial of an election petition respecting a 
 municipal election for a borough or ward of a borough it is found by the 
 election court that illegal practices or offences of illegal payment, em- 
 ployment, or hiring, committed in reference to such election for the 
 purpose of promoting the election of a candidate at that election, have so 
 extensively prevailed that they may be reasonably supposed to have 
 affected the result of that election, the election court shall report such 
 finding to the High Court, and the election of such candidate, if he has 
 been elected, shall be void, and he shall not, during the period for which 
 he was elected to serve, or for which, if elected, he might have served, be 
 capable of being elected to or holding any corporate office iu the said 
 borough. 
 
 Note. Illegal Practice, Payment, 4'c. — As to these offences, see the note 
 to sect. 17. 
 
 Report of Election Court. — As to this report, see sect. 93 of the Municipal 
 Corporations Act, 1882, 1 and the note to that section, ante. 
 
 Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment, 
 Employment, or Hiring. 
 
 Sect. 19. Where, upon the trial of an election petition respecting a 
 municipal election, the election court reports that a candidate at such 
 election has been guilty by his agents of the offence of treating and undue 
 influence, and illegal practice, or of any of such offences, in reference to such 
 election, and the election court further report that the candidate has proved 
 to the court — 
 
 (a.) That no corrupt or illegal practice was committed at such election 
 by the candidate or with his knowledge or consent, and the 
 offences mentioned in the said report were committed without the 
 sanction or connivance of such candidate ; and 
 (b.) That all reasonable means for preventing the commission of corrupt 
 and illegal practices at such election were taken by and on behalf 
 of the candidate ; and 
 (c.) That the offences mentioned in the said report were of a trivial, 
 
 unimportant, and limited character ; and 
 (d.) That in all other respects the election was free from any corrupt or 
 illegal practice on the part of such candidate and of his agents ; 
 then the election of such candidate shall not, by reason of the offences 
 mentioned in such report, be void, nor shall the candidate be subject to 
 any incapacity under this Act. 
 
 Note. Exoneration of Candidate. — It should be observed that the Court 
 has no power to relieve a candidate against any corrupt practice committed 
 by his agent, except treating and undue influence. If, therefore, a candidate's 
 agent has been guilty of even the most trivial act of bribery the Court is 
 bound to avoid the election. 
 
 '1) 43 & 46 Vict. c. 50, s. 93.
 
 Municipal E lee lions, &c., A el, 1884. 343 
 
 For an instance in which an election court refused to exonerate a candidate 47 & 48 Vict, 
 under the corresponding section of the Corrupt and Illegal Practices Preven- c. 70. 
 
 tion Act, 1883, ' on the ground that all reasonable means for preventing the 
 commission of corrupt and illegal practices had not been taken, see the case 
 -cited below. 2 
 
 See also sect. 20, and the note to that section. 
 
 ' Sect. 20. Where, on application made, it is shown to the High Court or Power of High 
 to a municipal election court by such evidence as seems to the Court ^n'court t ec " 
 Sufficient — except innocent 
 
 (a.) that any act or omission of a candidate at a municipal election for act from being 
 a borough or ward of a borough, or of any agent or other person, illegal practice, 
 would, by reason of being in contravention of any of the provisions 
 of this Act, be but for this section an illegal practice, payment, 
 employment, or hiring ; and 
 (6.) that such act or omission arose from inadvertence or from accidental 
 miscalculation or from some other reasonable cause of a like 
 nature, and in any case did not arise from any want of good 
 faith ; and 
 (c.) that such notice of the application has been given iia the said 
 borough as to the Court seems lit ; 
 and under the circumstances it seems to the Court to be just that the said 
 •candidate, agent and person, or any of them, should not be subject to any 
 of the consequences under this Act of the said act or omission, the Court 
 may make an order allowing such act or omission to be an exception from 
 the provisions of this Act which would otherwise make the same an illegal 
 practice, payment, employment, or hiring, and thereupon such candidate, 
 agent, or person shall not be subject to any of the consequences under this 
 Act of the said act or omission. 
 
 Note. Belief against consequences of offences. — Notice of an intended 
 application for relief should be given to the opposing candidate or candidates 
 and to the returning officer, and should be given to the constituency by means 
 •of placards posted in the district and advertisements in the local papers ; but 
 no notice need be given to the Attorney-General.' 
 
 Where an application was made under the present section by a successfnl 
 candidate and it appeared that a petition had been presented against him and 
 was pending, the Court ordered the application to stand over until the trial of 
 the petition. 4 
 
 An appeal lies to the Court of Appeal from the decision of the Queen's 
 Bench Division on an application under this section. 5 
 
 For instances of applications under the present section, see, in addition to 
 the cases already cited, those cited below. 
 
 Reference may also be made to the cases cited below, 7 and to the case cited 
 in the note to sect. 19. 
 
 Sect. 21. [Sending in claims and making payments for election expenses.'] 
 
 (1) 46 & 47 Vict. c. 51, s. 22. L. T. 260 ; Darlington, ex parte 
 
 (2) Rochester Petition (Barry v. (1889), 53 J. P. 71 ; Thomas, ex 
 Davis) (1892), 4 O'M. & H. 156. parte (1889), 60 L. T. 728. 
 
 (3) Lenanton, ex parte (1889), (7) Ex parte Bobson (1886), 18 
 53 J. P. 263; Berry, ex parte (1884), Q. B. D. 336; 55 L. T. 813; 35 
 48 J. P. 824; Cf. re South Salop W. R. 290; 51 J. P. 199; Stepney 
 election (1886), 54 L. T. 129. Betition (Isaacson v. Durant) (1886), 
 
 (4) Witts, ex parte (1885), 16 4 O'M. & H. 34, at p. 52 ; Buckrose 
 •Q. B. D. 114; 55 L. J. Q. B. 576; Petition (Sykes y. Mc Arthur) (1886), 
 50 J. P. 487. 4 O'M. & H. 110 ; Walsall Betition, 
 
 (5) Walker, ex parte (1889), 22 (Hately v. James) (1892), 4 O'M. 
 Q. B. D. 384; 58 L. J. Q. B. 190; & H. 123; Stepney Petition (Bash- 
 60 L. T. 581; 37 W. R. 293; 53 J. P. mere v. Isaacson) (1892), 4 O'M. 
 260. & H. 178. 
 
 (*5) Clark, ex parte (1885), 52
 
 344 Appendix I. 
 
 47 & 48 Vict. Note. Election Expenses. — The present section requires all claims in 
 
 C. 70. respect of expenses incurred by or on behalf of a candidate at an election of a 
 
 councillor to be sent in, and all such expenses to be paid, within a given time, 
 
 and requires a return and declaration as to such expenses to be made. It 
 
 does not apply to elections under the Local Government Act, 1894. * 
 
 Disqualification of Electors. 
 
 Prohibition of Sect. 22. Every person guilty of a corrupt or illegal practice or of 
 
 ofoff" BSU f ly illegal employment, payment, or hiring at a municipal election is pro- 
 voting, hibited from voting at such election, and if any such person votes his vote 
 shall be void, and shall be struck off on a scrutiny. 
 
 Note. Scrutiny. — As to a scrutiny, see the note to sect. 100 of the 
 Municipal Corporations Act, 1882, 2 ante. As to striking off votes affected by 
 corrupt practices, &c, see also sect. 88 of that Act, 3 and the note to that 
 section. 
 
 Application of Sect. 23. So much of sections thirty-seven and thirty-eight of the 
 
 * s - 'f & 38 of 46 Corrupt and Illegal Practices Prevention Act, 1883, as is set forth in Part 
 
 & 47 Vict, c 51. Two of tbe Third Schedule to this Act, shall apply as part of this Act. 
 
 List in burgrss Sect. 24. — (1.) The town clerk in every municipal borough shall 
 
 Toll of persons annually in July make out a list containing the names and description of 
 
 vo ting by corrupt a ^ persons who, though otherwise qualified to be enrolled as burgesses of 
 
 or illegal prac- such borough, have under this Act, or under the Corrupt and Illegal 
 
 tices ' Practices Prevention Act, 1883, or under any other Act for the time being 
 
 in force relating to a parliamentary election or an election to any public 
 
 office, become after the commencement of this Act, by reason of conviction 
 
 of a corrupt or illegal practice, or of the report of any election court or 
 
 election commissioners, incapable of voting at a municipal election in such 
 
 borough or any ward thereof, and the town clerk shall state in the list 
 
 (in this Act referred to as the coirupt and illegal practices list), the offence 
 
 of which each i^erson has been found guilty. 
 
 (2.) For the purpose of making out such list he shall examine the 
 report of any election court or election commissioners who have respec- 
 tively tried an election petition or inquired into an election where the 
 election (whether a parliamentary election or an election to any public 
 office) was held in the said borough or in the county in which such borough 
 is situate. 
 
 (3.) The town clerk of any municipal borough shall, not less than 
 fourteen days before the first day appointed by law for the publication of 
 the parish burgess lists in such borough, seud the corrupt and illegal 
 practices list to the overseers of every parish wholly or partly within the- 
 borough, and the overseers shall publish that list together with the parish 
 burgess lists, and shall also, in the case of every person in the corrupt and 
 illegal practices list, omit his name from the list of persons entitled to be 
 enrolled as burgesses or to be elected councillors, or, as circumstances 
 require, add " objected " before his name in the list of claimants published 
 by them, in like manner as is required by law in any other cases of 
 disqualification. 
 
 (4.) Any person named in the corrupt and illegal practices list may 
 claim to have his name omitted thee from, and any person entitled to 
 object to any parish burgess list may object to the omission of the name of 
 any person from such first-mentioned list. Such claims and objections 
 shall be sent in within the same time and be dealt with in like manner, 
 and any such objection shall be served on the person referred to therein 
 in like manner, as nearly as circumstances admit, as other claims and 
 objections under the enactments relating to the enrolment of burgesses. 
 
 (5.) The revising authority shall determine such claims and objections 
 and shall revise such list in like manner, as nearly as circumstances- 
 
 (1) 56 & 57 Vict. c. 73, s. 48 (3); (2) 45 & 46 Vict. c. 50, s. 100. 
 
 and see s. 37 of the present Act. (M) lb. s. 88.
 
 Municipal Elections, Gr>c. } Act, 1884. 345 
 
 admit, as in the case of other claims and objections and of any parish 47 & 48 Vict, 
 burgess list and list of persons entitled to be elected councillors. c. 70. 
 
 (0.) Where it appears to the revising authority that a person not named 
 in the list is subject to have his name inserted in the corrupt and illegal 
 practices list, he shall (whether an objection to the omission of such name 
 from the list has or has not been made, but) after giving such person an 
 opportunity of making a statement to show cause to the contrary, insert 
 bis name in that list and expunge bis name from any list of burgesses or 
 of persons entitled to be elected councillors. 
 
 (7.) A revising authority in acting under tbis section shall determine 
 only whether a person is incapacitated by conviction or by the report of any 
 election court or election commissioners, and shall not determine whether 
 a person has or has not been guilty of any corrupt or illegal practice. 
 
 (8.) The corrupt and illegal practices list shall be appended to the 
 burgess roll, and shall be printed and published therewith wherever the 
 Bame is printed or published. 
 
 (9.) Any town clerk or overseer who fails to comply with the pro- 
 visions of this section shall be liable to the like fine as he is liable to 
 under section seventy-live of the Municipal Corporations Act, 1882, for 45 & 46 Vict, 
 any neglect or refusal in relation to a parish burgess list as therein c - 50 - 
 mentioned. 
 
 Proceedings on Election Petitions, 
 
 Sect. 25. — (1.) A municipal election petition complaining of the elec- petition for 
 tion on the ground of an illegal practice may be presented at any time illegal practice, 
 before the expiration of fourteen days after the day on which the town 
 clerk receives the return and declaration respecting election expenses by 
 the candidate to whose election the petition relates, or where there is au 
 authorised excuse for failing to make the return and declaration then 
 withiu the like time after the date of the allowance of the excuse. 
 
 (2.) A municipal election petition, complaining of the election on the Time for prr- 
 ground of an illegal practice, and specifically alleging a payment of money sentation of 
 or other act made or done since the election by the candidate elected at K'* 1 },'? 11 all< j? in s 
 such election, or by an agent of the candidate, or with the privity of the l esa prac ICCS ' 
 candidate, in pursuauce or in furtherance of such illegal practice, may be 
 presented at any time within twenty- eight days after the date of such 
 payment or act, whether or not any other petition against that person has 
 been previously presented or tried. 
 
 (3.) Any election petition presented within the time limited by the 
 Municipal Corporations Act, 1882, may, for the purpose of complaining of 45 & 46 Vict, 
 the election upon an allegation of an illegal practice, be amended with c. 50. 
 the leave of the High Court within the time within which a petition 
 complaining of the election on the grouud of that illegal practice can, 
 under this section, be presented. 
 
 (4.) This section shall apply notwithstanding the illegal practice is 
 also a corrupt practice. 
 
 Note. Time for presenting Petition. — As to the time limited for the 
 presentation of a petition in ordinary cases, see sect. 88 of the Municipal 
 Corporations Act, 1882, 1 ante. 
 
 Declaration respecting Election Expenses. — No such declaration is required 
 in the case of an election to which the present Act is applied by the Local 
 Government Act, 1894. 2 
 
 Sect. 2G. — (1.) Before leave for the withdrawal of a municipal election withdrawal of 
 petition is granted, there shall be produced affidavits by all the parties to election petition, 
 the petition and their solicitors, but the High Court may on cause shown 
 dispense with the affidavit of any particular person if it seems to the 
 court on special grounds to be just so to do. 
 
 (2.) Each affidavit shall state that, to the best of the deponent's kuow- 
 
 (1) 45 &46 Vict. c. 50, s. 88. 
 
 (2) 56 & 57 Vict. c. 73, s. 48 (3), and see sect. 37, post.
 
 34^ 
 
 Appendix I. 
 
 47 & 48 Vict, 
 c. 70. 
 
 Attendance of 
 Director of public 
 prosecutions on 
 trial of election 
 petition, and 
 prosecution by 
 himiof offenders. 
 
 ledge and belief, no agreement or terms of any kind whatsoever has or 
 have been made, and no undertaking has been entered into, in relation to 
 the withdrawal of the petition ; but if any lawful agreement has been 
 made with respect to the withdrawal of the petition, the affidavit shall set 
 forth that agreement, and shall make the foregoing statement subject to 
 what appears from the affidavit. 
 
 (3.) The affidavits of the applicant and his solicitor shall further state 
 the ground on which the petition is sought to be withdrawn. 
 
 (4.) If any person makes any agreement or terms, or enters into any 
 undertaking, in relation to the withdrawal of an election petition, and. 
 such agreement, terms, or undertaking is or are for Ike withdrawal of the 
 election petition in consideration of any payment, or in consideration that 
 the seat shall at any time be vacated, or in consideration of the withdrawal 
 of any other election petition, or is or are (whether lawful or unlawful) not 
 mentioned in the aforesaid affidavits, he shall be guilty of a misdemeanor, 
 and shall be liable on conviction on indictment to imprisonment for a 
 term not exceeding twelve months, and to a fine not exceeding two hundred 
 pounds. 
 
 (5.) Copies of the said affidavits shall be delivered to the Director of 
 public prosecutions a reasonable time before the application for the with- 
 drawal is heard, and the court may hear the Director of public prosecu- 
 tions or his assistant or other representative (appointed with the approval 
 of the Attorney-General), in opposition to the allowance of the withdrawal 
 of the petition, and shall have power to receive the evidence on oath of 
 any person or persons whose evidence the Director of public prosecutions 
 or his assistant, or other representative, may consider material. 
 
 (6.) Where in the opinion of the court the proposed withdrawal of a 
 petition was the result of any agreement, terms, or undertaking prohibited 
 by this section, the com t shall have the same power with respect to the 
 security as under section ninety-five of the Municipal Corporations Act, 
 1882, where the withdrawal is induced by a corrupt consideration. 
 
 (7.) In every case of the withdrawal of an election petition, by leave of 
 the election court such couit shall report in writing to the High Court 
 whether, in the opinion of such election court, the withdrawal of such 
 petition was the result of any agreement, terms, or undertaking, or was in 
 consideration of any payment, or in consideration that the seat should at 
 any time be vacated, or in consideration of the withdrawal of any other 
 election petition, or for any other consideration, and if so, shall state the 
 circumstances attending the withdrawal. 
 
 (8.) Where more than one solicitor is concerned for the petitioner or 
 respondent, whether as agent for another solicitor or otherwise, the 
 affidavit shall be made by all such solicitors. 
 
 Note. Withdrawal of Petition. — As to the withdrawal of a petition, see 
 sect. 95 of the Municipal Corporations Act, 1882, 1 and the note to that 
 section, ante. 
 
 Director of Public Prosecutions. — The duties of this official are now dis- 
 charged by the Solicitor to the Treasury. 2 
 
 Sect. 27. The trial of every municipal election petition shall, so far as 
 is practicable consistently with the interests of justice in respect of such 
 trial, be continued de die in diem on every lawful day until its conclusion. 
 
 Sect. 28. — (1.) On every trial of a municipal election petition the 
 director of public prosecutions shall by himself or by his assistant, or by 
 such representative as herein-after mentioned, attend at the trial, and it 
 shall be the duty of such director to obey any directions given to him by 
 the election court with respect to the summoning and examination of any 
 witness to give evidence on such trial, and with respect to the prosecution 
 by him of offenders, and with respect to any person to whom notice is 
 given to attend with a view to report him as guilty of any corrupt or 
 illegal practice. 
 
 d) 45 & 46 Vict. c. 50, s. 88. 
 
 (2) Prosecution of Offences Act, 1884 (47 & 48 Vict. c. 58).
 
 Municipal Elections, &>c, Act, 1884. 347 
 
 (2.) It shall also be the duty of such director, without any direction 47 & 48 Vict, 
 from the election court, if it appears to him that any person is able to c. 70. 
 
 give material evidence as to the subject of the trial, to cause such person 
 to attend the trial, and with the leave of the court to examine such 
 person as a witness. 
 
 (3.) It shall also be the duty of the said director, without any direction 
 from the election court, if he thinks it expedient in the interests of justice 
 so to do, to prosecute, either before the said court or before any other 
 competent court, any person who has not received a certificate of in- 
 demnity and who appears to him to have been guilty of a corrupt or 
 illegal practice at a municipal election. 
 
 (4.) Where a person is prosecuted before an election court for any 
 corrupt or illegal practice, and such person appears before the court, the 
 court shall proceed to try him summarily for the said offence, and such 
 person, if convicted thereof upon such trial, shall be subject to the same 
 incapacities as he is subject to under this or any other Act, upon 
 conviction, whether on indictment or in any other proceeding for the said 
 olfeuce ; and further, may be adjudged by the court, if the offence is a 
 corrupt practice, to be imprisoned, with or without hard labour, for a 
 term not exceeding six months, or to pay a fine not exceeding two hundred 
 pounds, and if the offence is an illegal practice, to pay such fine as is 
 fixed by this Act for the offence : 
 
 Provided that, in the case of a corrupt practice, the court, before 
 proceeding to try summarily any person, shall give such person the option 
 of being tried by a jury. 
 
 (5.) Where a person is so prosecuted for any such offence, and either 
 he elects to be tried by a jury or he does not appear before the court, or 
 the court thinks it in the interests of justice expedient that he should be 
 tried before some other court, the court, if of opinion that the evidence is 
 sufficient to put the said person upon his trial for the offence, shall order 
 such person to be prosecuted on indictment or before a court of summary 
 jurisdiction, as the case may require, for the said offence ; and in either 
 case may order him to be prosecuted before such court as may be named 
 in the order ; and for all purposes preliminary and of and incidental to 
 such prosecution the offence shall be deemed to have been committed 
 within the jurisdiction of the court so named. 
 (6.) Upon such order being made, 
 
 a.) if the accused person is present before the court, and the offence is 
 
 an indictable offence, the court shall commit him to take his 
 
 trial, or cause him to give bail to appear and take his trial for 
 
 the said offence ; and 
 
 (b.) if the accused person is present before the court, and the offence is 
 
 not an indictable offence, the court shall order him to be brought 
 
 before the court of summary jurisdiction before whom he is to be 
 
 prosecuted, or cause him to give bail to appear before that 
 
 court ; and 
 
 (c.) if the accused person is not present before the court, the court shall 
 
 as circumstances require issue a summons for his attendance, or 
 
 a warrant to apprehend him and bring him before a court of 
 
 summary jurisdiction, and that court, if the offence is an 
 
 indictable offence, shall, on proof only of the summons or warrant 
 
 and the identity of the accused, commit him to take his trial, or 
 
 cause him to give bail to appear and take his trial for the said 
 
 offence, or if the offence is punishable on summary conviction, 
 
 shall proceed to hear the case, or if such court be not the court 
 
 before whom he is directed to be prosecuted shall order him to 
 
 be brought before that court. 
 
 (7.) Any order or act of an election court under this section shall not 
 
 be subject to be discharged or varied under sub-section six of section 
 
 ninety-two of the Municipal Corporations Act, 1882. 45 & 4G Vict. 
 
 (8.) The director of public prosecutions may nominate, with the c - 50 - 
 approval of the Attorney-General, any barristers or solicitors of not less 
 than ten years standing, one of whom shall, when required, act as the
 
 348 
 
 Appendix I. 
 
 c. 70. 
 
 45 & 46 Vict. 
 c. 50. 
 
 47 & 48 Vict, representative for the purposes of this section of such director, and when 
 so acting shall receive such remuneration as the treasury may approve. 
 There shall be allowed to the director and his assistant or representative, 
 for the purposes of this section, such allowance for expenses as the 
 treasury may approve. 
 
 (9.) The costs incurred in defraying the expenses of the director of 
 public prosecutions under this section (including the remuneration of his 
 representatives) shall, in the first instance, be paid by the treasury, and 
 so far as they are not in the case of any prosecution paid by the defendant, 
 shall be deemed to be expenses of the election court, and shall be paid as 
 the expenses of that court are directed by section one hundred and one 
 of the Municipal Corporations Act, 1882, to be paid; but if for any 
 reasonable cause it seems just to the court so to do, the court shall order 
 all or part of the said costs to be repaid to the treasury by the parties to 
 the petition, or such of them as the court may direct. 
 
 Note. Director of Public Prosecutions. — As to the duties of this official, 
 which are now discharged by the Solicitor to the Treasury, 1 see sect. 26, and 
 sects. 45, 53 and 57 of the Corrupt and Illegal Practices Prevention Act, 1883. 2 
 As to the duties of the representative of the director of public prosecutions 
 at the trial of an election petition, see the cases cited below. 3 
 
 Costs of Director of Public Prosecutions. — In the case of a parliamentary 
 petition, which was utterly unfounded, the petitioner was ordered to pay these 
 costs/ 
 
 Prosecution before Election Court. — As to the prosecution of offences before 
 an election court, see sect. 30 and the note to that section. 
 
 Prosecution ordered by Election Court. — As to the form of an order of an 
 election court for an indictment, see the case cited below. 5 The " evidence " 
 which under sub-sect. (5) is to satisfy the Court before it makes an order, 
 means the evidence given during the trial of the petition. An election court 
 has therefore jurisdiction, after giving judgment on a petition, to order the 
 prosecution of a person, without re-hearing the evidence affecting him. 6 
 
 Power to election Sect. 29. — (1.) Where upon the trial of a municipal election petition it 
 court to ordor appears to the election court that a corrupt practice has not been proved 
 bonm^h'or in- to nave keen committed in reference to the election by or with the 
 dividual of costs knowledge and consent of the respondent to the petition, and that such 
 of election respondent took all reasonable means to prevent corrupt practices being 
 
 petition. committed on his behalf, the court may make one or more orders with 
 
 respect to the payment either of the whole or such part of the costs of 
 the petition as the court may think right as follows ; 
 
 (a.) if it appears to the court that corrupt practices extensively 
 prevailed in reference to the said election, the court may order 
 the whole or part of the costs to be paid by the borough ; and 
 (b.) if it appears to the court that any person or persons is or are 
 proved, whether by providing money or otherwise, to have been 
 extensively engaged in corrupt practices, or to have encouraged 
 or promoted extensive corrupt practices in reference to such 
 
 (1) Prosecution of Offences Act, 
 1884 (47 & 48 Vict. c. 58). 
 
 (2) 46 & 47 Vict. c. 51, ss. 45, 
 53, 57, ante. 
 
 (3) Stepney Petition (Isaacson v. 
 Durant) (1886), 4 O'M. & H. 34, at 
 p. 36; S. C. 54 L. T. 684; Buck- 
 rose Petition (Sykes v. McArthur) 
 (1886), 4 O'M. & H. 110, at p. 115 ; 
 Walsall Petition (Hately v. James) 
 (1892), 4 O'M. & II. 123; Hexham 
 Petition (Hudspeth v. Clayton) 
 (1892), 4 O'M. & H. 143; Rochester 
 Petition (Barry v. Davis) (1892), 
 
 4 O'M. & H. 156; Montgomery 
 Petition (George v. Pryce -Jones') 
 (1892), 4 O'M. & H. 167. 
 
 (4) Kennington Petition (Cross- 
 man v. Gent-Davis) (1886), 4 O'M. 
 & H. 93 ; 54 L. T. 628. 
 
 (5) Reg. v. Riley (1890), 59 
 L. J. M. C. 122 ; 55 J. P. 21 ; S. C. 
 nom. Reg. v. Ripley, 63 L. T. 119 ; 
 17 Cox C. C. 120. 
 
 (6) Reg. v. Shellard (1889), 23 
 Q. B. D. 273 ; 58 L. J. M. C. 142 •, 
 61 L. T. 120; 37 VV. R. 706.
 
 Municipal Elections, &c, Act, 1884. 349 
 
 election, the court may, after giving such person or persons an 47 & 48 Viut. 
 oppoitunity of being heard by counsel or solicitor and of c. 70. 
 
 examining and cross-examining witnesses to show cause why 
 the order should not be made, order the whole or part of tho 
 costs to bo paid by that person, or those persons or any of them, 
 and may order that if the costs cannot be recovered from one 
 or more of such persons they shall be pidd by some other of such 
 persons or by either of the parties to the petition. 
 (2.) Where any person appears to the court to have been guilty of the 
 offence of a corrupt or illegal practice, the court may, after giving such 
 person an opportunity of making a statement to show why the order 
 should not he made, order the whole or any part of the costs of or 
 incidental to any proceeding before the court in relation to the said 
 offence or to the said person to be paid by the said person to such person 
 or persons as the court may direct. 
 
 (3.) The rules and regulations of the Supreme Court of Judicature 
 with respect to costs to be allowed in actions, causes, and matters in the 
 High Court shall in principle and so far as practicable apply to the costs 
 of petitii in and other proceedings under Part Four of the Municipal 45 & 46 Vict. 
 Corporations Act, 1882, and this Act, and the taxing officer shall not c - 50 - 
 allow any costs, charges, or expenses on a higher scale than would be 
 allowed in any action, cause or matter in the High Court on the higher 
 scale as between solicitor and client. 
 
 Note. Costs of Election Petition. — As to these costs, see sects. 98 and 101 
 of the Municipal Corporations Act, 1882. l 
 
 Taxation of costs. — As to the taxation of costs on election petitions, reference 
 may be made to the cases cited below. 3 
 
 Miscellaneous. 
 
 Sect. 30. Subject to the other provisions of this Act, the procedure for General provi- 
 the prosecution of a corrupt or illegal practice or any illegal payment, em- sions as to prose- 
 ployment, or hiring committed in reference to a municipal election, and under this Actf" 
 the removal of any incapacity incurred by reason of a conviction or report 
 relating to any such offence, and the duties of the director of public 
 prosecutions in relation to any such offence, and all other proceedings in 
 relation thereto (including the grant to a witness of a certificate of 
 indemnity), shall be the same as if such offence had been committed in 
 reference to a parliamentary election ; and sections forty-five and forty- 
 six and sections fifty to fifty-seven (both inclusive), and sections fifty-nine 
 and sixty of the Corrupt and Illegal Practices Prevention Act, 1S83, 46 & 47 Vict, 
 shall apply accordingly as if they were re-enacted in this Act with the c - 51 - 
 necessary modifications, and with the following additions: — 
 
 (a.) Where the director of public prosecutions considers that the 
 circumstances of any case require him to institute a prosecution 
 before any court other than an election court for any offence 
 
 (1) 45 & 46 Vict., c. 50, ss. 98, C. L. 445; 21 W. R. 640; Fleming 
 101, ante. v. Cave (Barnstaple Petition) (1875), 
 
 (2) Hilly. Peel (Tamworth Peti- 44 L. J. C. P. 200; 32 L. T. 160; 
 Hon), Broad v. Fou-ler (Penrhyn Peti- Hargreavcs v. Scott (1878), 4 C. P. D. 
 tion), Pcglcr v. Gurney (Southamp- 21; 40 L. T. 35; 27 W. R. 323; 
 ton Petition) (1870), L. R. 5 C. P. McLaren v. Home (Berwick-upon- 
 172; 39 L. J. C. P. 89; Tillctt v. Tweed Municipal Petition) (1881), 
 Stracei/ (Norwich Petition) (1870), 7 Q. B. D. 477; 50 L. J. Q. B. 658; 
 L. R. 5 C. P. 185 ; 39 L. J. C. P. 93 ; 45 L. T. 350 ; 30 W. R. 85 ; 46 J. P. 
 22 L. T. 101 ; 18 W. R. 631; Hughes 85; Kenning/on Petition (Grossman 
 x. Meyrick (Pembroke Petition) v. Gent-Dai is) (1886), 4 O'M. & H. 
 (1870), L. R. 5 C. P. 407; 39 93; Hexham Petition (Hudspeth v. 
 L. J. C. P. 249; 22 L. T. 482; Clayton) (1892), 4 O'M. & H. 143, 
 18 W. R. 806; Trench v. Nolan at p. 151. 
 
 (Galway Petition) (1873), 7 Ir. R.
 
 35o 
 
 Appendix I. 
 
 45 & 46 Vict, 
 c. 50. 
 
 s. 94 (?> 
 
 Person incapaci- 
 tated by convic- 
 tion or report to 
 vacate seat or 
 office. 
 
 Payment and 
 recovery of costs, 
 
 47 St 48 Vict. other than a corrupt practice committed in reference to a 
 
 c - 70. municipal election in any borough, he may, by himself or his 
 
 assistant, institute such prosecution before any court of summary 
 jurisdiction in the county in which the said borough is situate 
 or to which it adjoins, and the offence shall be deemed for all 
 purposes to have been committed within the jurisdiction of such 
 court; and 
 
 (b.) General rules for the purposes of Part Four of the Municipal 
 Corporations Act, 1882, shall be made by the same authority as 
 rules of court under the said sections ; and 
 
 (c.) The giving or refusal to give a certificate of indemnity to a witness 
 by the election court shall be final and conclusive. 
 
 Note. Incorporated enactments. — The sections of the Corrupt and Illegal 
 Practices Prevention Act, 1883, (46 and 47 Vict. c. 51) referred to in the 
 present section are set out, ante. 
 
 Sect. 31. If any person, in consequence of conviction or of the report 
 of an election Court under this Act, becomes not capable of being elected 
 to or sitting in the House of Commons, or of being elected to or holding 
 any public or judicial office, and such person, at the date of the said 
 conviction or report, has been so elected or holds any such office, then his 
 scat or office, as the case may be, shall be vacated as from that date. 
 
 Note. Incapacities by reason of Conviction or Eeport. — With regard to 
 these, see sects. 2 (2), 7, 8 (2), 28 (4). 
 
 Sect. 32. — (].) "Where any costs of a petition are, under an order of a 
 municipal election court, to be paid by a borough, such costs shall be 
 paid out of the borough fund or borough rate. 
 
 (2.) Where any costs or other suins are, under the order of an election 
 court or otherwise under this Act, to be paid by any person, those costs 
 shall be a simple contract debt due from such person to the person or 
 persons to whom they are to be paid, and if payable to the Treasury 
 shall be a debt to Her Majesty, and in either case may be recovered 
 accordingly. 
 
 Note. Costs. — As to the costs of an election petition, see sects. 28 (9), 29 
 and the Municipal Corporations Act, 1882, sects. 98 and 101. ' 
 
 Sect. 33. Where any summons, notice, or document is required to be 
 served on any person with reference to any proceeding respecting a 
 municipal election in any borough or ward of a borough, whether for the 
 purpose of causing him to appear before the High Court or any election 
 court, or otherwise, or for the purpose of giving him an opportunity of 
 making a statement, or showing cause, or being heard by himself, before 
 any such court, for any purpose of this Act, such summons, notice, or 
 document may be served either by delivering the same to such person, or 
 by leaving the same at, or sending the same by post by a registered letter 
 to, his last known place of abode in the said borough, or, if the proceeding 
 is before any court, in such other manner as the court may direct, and in 
 proving such service by post it shall be sufficient to prove that the letter 
 was prepaid, properly addressed, and registered with the post office. 
 
 Sect. 34. — In this Act expressions have the same meaning as in the 
 Municipal Corporations Act, 1882, and in the Corrupt and Illegal 
 Practices Prevention Act, 1883; except that the words "borough," 
 "election petition," "election court," and " candidate," shall, unless the 
 context otherwise requires, have the meaning given by the Municipal 
 Corporations Act, 1882, and not the meaning given by the Corrupt and 
 Illegal Practices Prevention Act, 1883 ; and except that " election" shall, 
 unless the context otherwise requires, mean a municipal election. 
 
 Service of notices 
 
 Definitions. 
 
 45 & 46 Vict. 
 
 C 50. 
 
 46 & 47 Vict. 
 C. 51. 
 
 (1) 45 & 46 Vict. c. 50, ss. 98, 101, ante.
 
 Municipal Elections, &>c, Act, 1884. 351 
 
 For the purposes of this Act the number "of electors shall be taken 47 & 48 Vict. 
 according to the enumeration of the electors in the burgess roll. c. 70. 
 
 Note. Definitions. — Definitions are contained in sects. 7 and 77 of the 
 Act of 1882, 1 and in sect. 64 of the Act of 1883. 2 
 
 Sect. 35. [Application to city of London of Act and of Part IV. of 45 (t 
 46 Vict, c 50.] 
 
 Application of Act to other elections. 
 
 Sect. 36. — (1.) Subject as hereinafter mentioned, the provisions of this Application of 
 Act and of Part Four of the Municipal Corporations Act, 1882, as tua Art and 
 amended by this Act, shall extend to elections for the offices mentioned ^^vkb'^&oto 
 in the first column of the First Schedule to this Act as if re-enaeted oi -^ er election's. 
 herein and in terms ma le applicable thereto, and petitions may be 
 presented and tried, and offences prosecuted and punished, and in- 
 capacities incurred in reference to each such election accordingly. 
 
 Provided that in the application of the said provisions to any such 
 election : 
 
 (a.) The area, officer, and rate mentioned opposite to the office in the 
 second, third, and fourth columns of the said schedule, shall be 
 deemed to be substituted for the borough or ward, town clerk, 
 and borough fund or rate respectively. 
 (b.) The expression " corporate office " in the said provisions shall mean 
 an office mentioned in the said schedule, and in relation to the 
 election of a guardian of a union includes any such office in the 
 union, and a " municipal election " shall mean an election to 
 such office, and the expressions "municipal election court," 
 "municipal election list," and "municipal election petition" 
 shall be construed accordingly. 
 (c.) No corrupt and illegal practices list shall be made for any such 
 
 election, 
 (d.) Vacancies created by the decision of an election court shall be 
 
 filled by a new election, 
 (e.) A petition relating to the election of a guardian of a union may be 
 
 tried at any place within the union. 
 (/.) Nothing in the said provisions shall render it unlawful to hold a 
 meeting for the purpose of promoting or procuring the election 
 of a candidate to any office mentioned in the said schedule on 
 any licensed or other premises not situate in an urban sanitary 
 district or in the Metropolis ; 
 (g.) Where the poll at any election to an office in the said schedule is 
 taken by means of voting papers, such of the said provisions as 
 relate to personation, polling agents, disclosure of votes and 
 conveyance of voters, shall nut apply ; but any offence in relation 
 to voting papers or to personation or to voting at such election 
 which is punishable on summary conviction (that is to say,) the 
 offences mentioned in section three of the Poor Law Amendment u k 15 Vict 
 Act, 1851, and in rule sixy-nine of Schedule Two to the Public c - 105 - 
 Health Act, 1875, shall, without prejudice to the punishment j! 8 5 5, 39 ict " 
 under such section and rule of a person guilty of such offence, be 
 deemed to be an illegal practice within the meaning of the said 
 provisions. 
 ****** 
 
 (2.) The judges for the time being on the rota for the trial of parlia- 
 mentary election petitions, or any two of those judges, may annually 
 appoint as many barristers, not exceeding five, as they may think 
 necessary to be commissioners for the trial of election petitions under 
 Part Four of the Municipal Corporations Act, 1882, and this Act, and 
 
 (1) 45 & 46 Vict. c. 50, ss. 7, 77, (2) 46 & 47 Vict. c. 51, s. 64, 
 
 ante. ante.
 
 ;52 
 
 Appendix I. 
 
 47 & 48 Vict, shall from time to time assign the petitions (whether relating to a 
 c. 70. municipal election or to any other election to which this Act extends) to 
 
 be tried by each commissioner. 
 
 Note. Repeal. — The omitted portion of the section which preserved, 
 subject to some limitations, the powers of the Local Government Board to 
 decide questions as to elections of guardians is expressly repealed by sect. 89 
 of the Local Government Act, 1894. The remainder of sub-sect. (1) would 
 appear, together with the First Schedule, to be impliedly repealed by that 
 Act except as regards school boards. Any doubt on this point may perhaps be 
 cleared up by the rules to be framed by the Local Government Board. 
 
 Exemption from 
 provisions as to 
 maximum ex- 
 penses. 
 
 Sect. 37. The provisions of this Act which prohibit the payment o 
 any sum, and the incurring of any expense by or on behalf of a candidate 
 at an election, on account of, or in respect of, the conduct or management 
 of the election, and those which relate to the time for sending in and 
 paying claims, and those which relate to the maximum amount of election 
 expenses, or the return or declaration respecting election expenses, shall 
 not apply to any of the elections mentioned in the First Schedule to this 
 Act. 
 
 Note. Application of section. — The present section is applied to elections 
 ander the Local Government Act, 1894, by sect. 48 (7) of that Act. 
 
 Sect. 38. [Repeal of Acts.'] 
 
 Repeal. 
 
 Note. Repealed Enactments. — The enactments repealed by the present 
 section are specified in the second schedule. They are sect. 33 of the 
 Llementary Education Act, 1870. 1 and portions of Part IV. of the Municipal 
 Corporations Act, 18S2. 2 
 
 Sect. 39. [Commencement of Act. - ] 
 
 Act not to extend 
 to Scotland or 
 Ireland. 
 
 Duration of Act. 
 
 Extent of Act. 
 
 Sect. 40. This Act shall not extend to Scotland or Ireland. 
 Sect. 41. This Act shall continue in force to the end of the year one 
 thousand eight hundred and eighty-six, and no longer. . 
 
 Note. Continuance of Act. — The Act is at present continued in force by 
 the Expiring Law Continuance Act, 1893. 3 
 
 (1) 33 & 34 Vict. c. 75. (2) 45 & 46 Vict. c. 50. 
 
 (3) 56 & 57 Vict. c. 59.
 
 Municipal Elections, &c. t Act, 1884. 
 
 353 
 
 47 &48 Vict, 
 c. 70. . 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Section 36. 
 
 Elections to which this Act Extends. 
 In England. 
 
 Office. 
 
 Area. 
 
 Officer. 
 
 Rate. 
 
 Member of local 
 
 Local Govern- 
 
 Clerk to the 
 
 The general dis- 
 
 board, as defined 
 
 ment district 
 
 local board, or 
 
 trict rate. 
 
 by the Public 
 
 or ward of 
 
 person per- 
 
 
 Health Act, 
 
 such district. 
 
 forming like 
 
 
 1875. 
 
 
 duties. 
 
 
 Member of Im- 
 
 Improvement 
 
 Clerk to the 
 
 The general dis- 
 
 p r o vemen t 
 
 Act district 
 
 Improvement 
 
 trict rate or 
 
 Commissioners, 
 
 or ward of 
 
 Commissioners, 
 
 other rate out 
 
 as defined by 
 
 such district. 
 
 or person per- 
 
 of which the 
 
 the Public 
 
 
 forming like 
 
 expenses of the 
 
 Health Act, 
 
 
 duties. 
 
 Improvement 
 
 1875. 
 
 
 
 Commissioners 
 are payable. 
 
 C-uardian elected 
 
 Parish or ward 
 
 Clerk to the 
 
 The poor rate of 
 
 under the Poor 
 
 of a parish or 
 
 guardians, or 
 
 the parish or 
 
 Law Amend- 
 
 united parishes. 
 
 person per- 
 
 united parishes. 
 
 ment Act, 1834. 
 
 
 forming like 
 duties. 
 
 
 Member of school 
 
 School district or 
 
 Returning officer 
 
 The school fund. 
 
 board. 
 
 division of the 
 
 of school 
 
 
 
 metropolis. 
 
 board. 
 
 
 Note. Repeal. — This schedule, except so far as it relates to school boards, 
 appears to be impliedly repealed by the Local Government Act, 1894. 
 
 SECOND SCHEDULE. 
 
 Note. Repeal — This schedule contains a list of repealed enactments. 
 These enactments are mentioned in the note to sect. 38. 
 
 2 A
 
 354 Appendix I. 
 
 & 48 Vict. 
 c. 70. 
 
 THIRD SCHEDULE. 
 
 Part I. 
 
 section 2. enactments defining corrupt practices. — enactments defining thk 
 
 Offence of Bribery. 
 
 The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, 
 sects. 2 and 3. 
 
 Bribery defined. Sect. 2. The following persons shall be deemed guilty of bribery, and shall 
 be punishable accordingly : — 
 
 (1.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, give, lend, or agree to give or lend, or 
 shall offer, promise, or promise to procure or endeavour to procure, 
 any money or valuable consideration to or for any voter, or to or 
 for any person on behalf of any voter, or to or for any other person, 
 in order to induce any voter to vote or refrain from voting, or shall 
 corruptly do any such act as aforesaid on account of such voter 
 having voted or refrained from voting at any election. 
 
 (2.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, give or procure, or agree to give or 
 procure, or offer, promise, or promise to procure or endeavour to 
 procure, any office, place, or employment to or for any voter, or to or 
 for any person on behalf of any voter, or to or for any other person, 
 in order to induce such voter to vote or refrain from voting, or shall 
 corruptly do any such act as aforesaid on account of any voter having 
 voted or refrained from voting at any election. 
 
 (3.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, make any such gift, loan, offer, promise, 
 procurement, or agreement as aforesaid, to or for any person, in 
 order to induce such person to procure or endeavour to procure the 
 return of any person to serve in Parliament, or the vote of any voter 
 at any election. 
 
 (4.) Every person who shall, upon or in consequence of any such gift, loan, 
 offer, promise, procurement, or agreement, procure, or engage, 
 promise, or endeavour to procure the return of any person to serve 
 in Parliament, or the vote of any voter at any election. 
 
 (5.) Every person who shall advance or pay, or cause to be paid, any 
 money to or to the use of any other person with the intent that such 
 money, or any part thereof, shall be expended in bribery at any 
 election, or who shall knowingly pay or cause to be paid any money 
 to any person in discharge or repayment of any money wholly or in 
 part expended in bribery at any election : Provided always, that the 
 aforesaid enactment shall not extend or be construed to extend to 
 any money paid or agreed to be paid for l on account of any legal 
 expenses bond fide incurred at or concerning any election. 
 Brfbery further Sect. 3. The following persons shall also be deemed guilty of bribery, and 
 defined. shall be punishable accordingly : — 
 
 (1.) Every voter who shall, before or during any election, directly or 
 indirectly, by himself or by any other person on his behalf, receive, 
 agree, or contract for any money, gift, loan, or valuable considera- 
 tion, office, place, or employment for himself or for any other person, 
 for voting or agreeing to vote, or from 2 refraining or agreeing to 
 refrain from voting at any election. 
 
 (1) The word "or" occurs here (2) "For " in the Queen's Printers' 
 
 in the Queen's Printers' copies of the copies of the Act of 1854. 
 Act of 1854.
 
 Municipal Elections, <&*<:., Act, 1884. 355 
 
 (2.) Every person who shall, after any election, directly or indirectly, by 47 & 48 Vict, 
 himself or by any other person on his behalf, receive any money or c. 70. 
 
 valuable consideration on account of any person having voted or 
 refrained from voting, or having induced any other person to vote 
 or refrain from voting at any election. 
 
 The presentation of the People Act, 1867, 30 & 31 Vict. c. 102, s. 49. 
 
 Sect. 49. Any person, either directly or indirectly, corruptly paying any rate Corrupt payment 
 on behalf of any ratepayer for the purpose of enabling him to be registered as of rates to be 
 a voter, thereby to influence his vote at the future election, and any°candidate P u . nis r hable as 
 or other person, either directly or indirectly, paying any rate on behalf of any " ery " 
 voter for the purpose of inducing him to vote or refrain from voting, shall be 
 guilty of bribery, and be punishable accordingly ; and any person on whose 
 behalf and with whose privity any such payment as in this section is men- 
 tioned is made, shall also be guilty of bribery, and punishable accordingly. 
 
 Enactment Defining the Offence of Personation. 
 
 The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. 
 
 Sect. 24. A person shall, for all purposes of the laws relating to parliamentary Personation 
 and municipal elections, be deemed to be guilty of the offence of personation defined. 
 who, at an election for a county or borough, or at a municipal election, applies 
 for a ballot paper in the name of some other person, whether that name be 
 that of a person living or dead, or of a fictitious person, or who, havino- voted 
 once at any such election, applies at the same election for a ballot paper in 
 his own name. 
 
 Enactments Defining the Offences of Treating and Undue 
 Influence. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict, 
 c. 51, ss. 1 and 2. 
 
 Sect. 1. Any person who corruptly by himself or by any other person, either What is treating, 
 before, during, or after an election, directly or indirectly gives or provides, or 
 pays wholly or in part the expense of giving or providing any meat, drink, 
 entertainment, or provision to or for any person for the purpose of corruptly 
 influencing that person or any other person to give or refrain from giving his 
 vote at the election, or on account of such person or any other person having 
 voted or refrained from voting, or being about to vote or refrain from voting 
 at such election, shall be guilty of treating. 
 
 And every elector who corruptly accepts or takes any such meat, drink, 
 entertainment, or provision, shall also be guilty of treating. 
 
 Sect. 2. Every person who shall directly or indirectly, by himself or by any What is undue 
 other person on his behalf, make use of or threaten to make use of any force, influence- 
 violence, or restraint, or inflict or threaten to inflict, by himself or by any 
 other person, any temporal or spiritual injury, damage, harm, or loss upon 
 or against any person in order to induce or compel such person to vote or 
 refrain from voting, or on account of such person having voted or refrained 
 from voting at any election, or who shall by abduction, duress, or any fraudu- 
 lent device or contrivance impede or prevent the free exercise of the franchise 
 of any elector, or shall thereby compel, induce, or prevail upon any elector 
 either to give or to refrain from giving his vote at any election, shall be 
 guilty of undue influence. 
 
 Enactment Defining the Offences of Bribery, Treating, Undue 
 Influence, and Personation. 
 
 TJie Municipal Corporations Act, 1882, 45 & 46 Viot. c. 50, s. 77. 
 
 Sect. 77. " Bribery," " treating," " undue influence," and " personation " Definitions, 
 include respectively anything done before, at, after, or with respect to a 
 municipal election, which, if done before, at, after, or with respect to a 
 
 2 a 2
 
 356 Appendix I. 
 
 47 & 48 Vict, parliamentary election, would make the person doing the same liable to any 
 c. 70. , penalty, punishment, or disqualification for bribery, treating, undue influence, 
 or personation, as the case may be, under any Act for the time being in force 
 with respect to parliamentary elections. 
 
 Part II. 
 
 Section 23. ENACTMENTS RELATING TO DISQUALIFICATION OF ELECTORS. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict, 
 c. 51, sections 37 & 38. 
 
 Prohibition of Sect. 37. Every person who, in consequence of conviction or of the report of 
 
 disqualified per- an y election court or election commissioners under this Act, or under the 
 35 n &36 Vkt 0tillS ' Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. of the 
 c. 60. ' Municipal Corporations Act, 1882, or under any other Act for the time being 
 
 45 & 46 Vict. in force relating to corrupt practices at an election for any public office, has 
 c - 50 - become incapable of voting at any election, whether a parliamentary election 
 
 or an election to any public office, is prohibited from voting at any such 
 
 election, and his vote shall be void. 
 Hearing of Sect. 38. — (1.) Before a person, not being a party to an 'election petition nor 
 
 person before he a candidate on behalf of whom the seat is claimed by an election petition, is 
 is reported guilty reported by an election court ... to have been guilty, at an election, of any 
 U^galpractice corrupt or illegal practice, the court . . . shall cause notice to be given to 
 and incapacity' of such person, and if he appears in pursuance of the notice, shall give him an 
 person reported opportunity of being heard by himself and of calling evidence in his defence 
 guilty. to s jj 0W w hy he should not be so reported. 
 
 ****** 
 
 (5.) Every person who, after the commencement of this Act, is reported by 
 any election court ... to have been guilty of any corrupt or illegal practice 
 at an election, shall, whether he obtained a certificate of indemnity or not, be 
 subject to the same incapacity as he would be subject to if he had at the date 
 of such election been convicted of the offence of which he is reported to have 
 been guilty. . . . 
 
 (6.) Where a person who is a justice of the peace is reported by any election 
 court ... to have been guilty of any corrupt practice in reference to an 
 election, whether he has obtained a certificate of indemnity or not, it shall be 
 the duty of the Director of public prosecutions to report the case to the Lord 
 High Chancellor of Great Britain, with such evidence as may have been given 
 of such corrupt practice, and where any such person acts as a justice of the 
 peace by virtue of his being or having been mayor of a borough, the Lord 
 High Chancellor shall have the same power to remove such person from being 
 a justice of the peace as if he was named in a commission of the peace. 
 
 (7.) Where a person who is a barrister or a solicitor, or who belongs to any 
 profession the admission to which is regulated by law, is reported by any 
 election court ... to have been guilty of any corrupt practice in reference to 
 an election, whether such person has obtained a certificate of indemnity or 
 not, it shall be the duty of the Director of public prosecutions to bring the 
 matter before the Inn of Court, High Court, or tribunal having power to 
 take cognizance of any misconduct of such person in his profession, and such 
 Inn of Court, High Court, or tribunal may deal with such person in like 
 manner as if such corrupt practice were misconduct by such person in his 
 profession. 
 
 (8.) With respect to a person holding a licence or certificate under the 
 Licensing Acts (in this section referred to as a licensed person) the following 
 provisions shall have effect : — 
 
 (a.) If it appears to the court by which any licensed person is convicted of 
 the offence of bribery or treating that such offence was committed on 
 his licensed premises, the court shall direct such conviction to be 
 entered in the proper register of licenses : 
 
 (5.) If it appears to an election court . . . that a licensed person has 
 knowingly suffered any bribery or treating in reference to any
 
 Municipal Elections ; &>c, Act, 1884. 357 
 
 election to take place upon his licensed premises, such court ... 47 & 48 Vict, 
 (subject to the provisions of this Act as to a person having an C. 70. 
 
 opportunity of being heard by himself and producing evidence before 
 being reported) shall report the same ; and, whether such person 
 obtained a certificate of indemnity or not, it shall be the duty of 
 the Director of public prosecutions to bring such report before the 
 licensing justices from whom or on whose certificate the licensed 
 person obtained his licenee, and such licensing justices shall cause 
 such report to be entered in the proper register of licenses : 
 (c.) Where an entry is made in the register of licenses of any such con- 
 viction of or report respecting any licensed person as above in . this 
 section mentioned, it shall be taken into consideration by the licens- 
 ing justices in determining whether they will or will not grant to 
 such person the renewal of his license or certificate, and may be a 
 ground, if the justices think fit, for refusing such renewal. 
 * ***** 
 
 Note. Hearing of Accused. — Under sub-section (1) a person cannot be heard 
 by counsel or by a solicitor, but- is only entitled to be heard personally. 1 
 
 The High Court has no jurisdiction to set aside or amend a report finding a 
 person guilty of a corrupt practice, on the ground that the notice prescribed 
 by this section has not been given. 2 
 
 FOURTH SCHEDULE. 
 
 Note. Declaration as to Election Expenses. — This schedule contains a 
 form for the declaration of election expenses required by sect. 21. No such 
 declaration is required in respect of an election under the Local Government 
 Act, 1894. 3 
 
 (1) Beg. v. Hansel Jones (1889), 24 Q. B. D. 110 ; 59 L. J. Q. B. 82; 
 23 Q. B. D. 29; 60 L. T. 860; 61 L. T. 837 ; 38 W. R. 350. 
 
 37 W. R. 508 ; S. C. nom. Reg. v. (3) 56 & 57 Vict. c. 73, s. 48 (3) ; 
 
 Jones, 53 J. P. 739. and see s. 37 of the present Act. 
 
 (2) Preece v. Harding (1889),
 
 50 & 51 Vict. 
 c. 20. 
 
 353 
 
 Appendix I. 
 
 Short title. 
 
 Extent of Act. 
 
 Commencement 
 of Act. 
 
 Definitions. 
 
 18 & 19 Vict. 
 c. 120. 
 
 Compensation. 
 
 THE ALLOTMENTS AND COTTAGE GARDENS 
 COMPENSATION FOR CROPS ACT, 1887. 
 
 50 & 51 Vict. c. 26. 
 
 An Act to provide Compensation to the Occupiers of Allotments and Cottage 
 Gardens for crops left in the ground at the end of their tenancies. 
 
 [8th August, 1887. 
 
 Note. Application of Act. — The present Act which contains provisions of 
 great importance as to the right of the outgoing tenant of an "allotment," 
 within the definition contained in s. 4, to compensation for crops, &c, extends, 
 by virtue of the definitions of the terms " landlord " and " person " contained 
 in that section, to " allotments " held by a local authority. It has therefore 
 been thought proper to include the Act in the present work, though it is not 
 directly referred to in the Local Government Act, 1894. 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 advice and consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, as 
 follows : 
 
 Sect. 1. This Act may be cited as the Allotments and Cottage 
 Gardens Compensation for Crops Act, 1887. 
 
 Sect. 2. This Act shall not extend to Scotland or Ireland or to the 
 metropolis. 
 
 Sect. 3. This Act shall come into force on the first day of January one 
 thousand eight hundred and eighty-eight, which* day is in this Act 
 referred to as the commencement of this Act. 
 Sect. 4. In this Act — 
 
 " The metropolis " means the city of London and all parishes and 
 places mentioned in Schedules A, B, and C to the Metropolis 
 Management Act, 1855. 
 " Allotment " means any parcel of land of not more than two acres in 
 extent held by a tenant under a landlord and cultivated as a 
 garden or as a farm, or partly as a garden and partly as a farm. 
 " Cottage garden " means an allotment attached to a cottage. 
 " Holding" means an allotment or cottage garden. 
 " Tenant " means the holder of a holding under a landlord for any 
 term, and includes the legal personal representative of a deceased 
 tenant. 
 " Landlord " means the person for the time being entitled to receive 
 
 the rents and profits of any holding. 
 " Person " includes a body of persons and a corporation aggregate or 
 
 sole. 
 " Contract of tenancy " means the letting of land for any term. 
 "Determination of tenancy" means the cesser of a contract of tenancy 
 
 by effluxion of time or from any other cause. 
 
 The designations of landlord and tenant shall for the purposes of this 
 
 Act continue to apply to the parties to a contract of tenancy until 
 
 the conclusion of any proceedings taken under this Act on the 
 
 determination of a tenancy. 
 
 Sect. 5. Upon the determination of the tenancy of a holding after the 
 
 commencement of this Act the tenant shall be entitled notwithstanding
 
 Allotments, &e., Compensation for Crops Act, 1887. 359 
 
 any agreement to the contrary to obtain from the landlord compensation 50 & 51 Vict, 
 in money for the following matters and things, that is to say : — c. 26. 
 
 (a.) For crops, including fruit, growing upon the holding in the ordinary 
 courso of cultivation, and for fruit trees and fruit bushes growing 
 thereon, which have been planted by the tenant with the previous 
 consent in writing of the landlord. 
  
 for the common benefit of two or more contributory places under the t0I "y P 1 *""*- 
 Public Health Act, 1875, may be apportioned. 
 
 (2.) Where in a rural district any area other than a parish is a con- 
 tributory place for the purposes of the Public Health Act, 1875, this Act 
 shall apply to such contributory place as if it were a parish, and the 
 expression " parish " in this Act shall not include any parish wholly or 
 partly within such contributory place, and the parliamentary electors for 
 the contributory place shall be the persons registered in any list of 
 parliamentary electors for any parish wholly in such contributory place, 
 or for any parish partly therein, if registered "in respect of any qualification 
 situate in such contributory place. 
 
 (3.) Where a district or parish forms part of more than one county, it 
 shall be deemed for the purposes of this Act to be situate wholly in that 
 •county which comprised, according to the last published census for the 
 time being, the largest portion of the population of such district or parish, 
 and where such population is not specified in such census, then in the 
 county in which the largest part of the area of such district or parish is 
 situate, and any doubt which may arise under this section as to the county 
 shall be determined by the Local Government Board. 
 
 Two or more parishes immediately adjoining each other may make a 
 representation under this Act, and a sanitary authority of a rural district 
 may take proceedings in respect of such parishes as if they were a single 
 parish. 
 
 Note. Meaning of " parish." — It will be seen that the effect of sub- 
 sect. (2) is simply that the expression "parish" in the present Act means 
 " contributory place." As to the formation and boundaries of contributory 
 places, see the note to sect. 15 of the Local Government Act, 1894, ante. 
 
 Sect. 15. The sanitary authority shall cause a register to be kept showing Register of 
 the particulars of the tenancy, acreage, and rent of every allotment let, and tenancies, 
 of the unlet allotments, and such register shall be open to the examination 
 of ratepayers in the urban district or the parish for which the allotments 
 have been provided, in such manner as may be prescribed by the regula- 
 tions made under this Act by the sanitary authority, and any ratepayer of 
 such district or parish, without paying any fee, may take copies of or 
 extracts from such register, and within one month after the twenty-fifth 
 day of March in every year shall cause an annual statement showing their 
 receipts and expenditure under this Act in respect of the year ending on 
 that day, and their liabilities outstanding on that day, to be deposited at 
 some convenient place in the district, if urban, or the parish to which the 
 statement relates if the district is rural, and any ratepayer may without 
 fee inspect and take copies of such statement. 
 
 Sect. 16. For the purposes of this Act " county authority " shall be any Definition of 
 representative body elected by the inhabitants of the county which may be county authority, 
 established under any Act of any future session of Parliament, aud until 
 such representative body is established the powers and duties of the 
 county authority under this Act shall be exercised and performed by the 
 Local Government Board, and the provisions of this Act and of the enact- 
 ments incorporated with this Act shall accordingly be construed with the 
 necessary modification. 
 
 Note. County authority. — This expression now, by virtue of the Local 
 Government Act, 1888, ' means countv council. 
 
 As regards county boroughs, however, that Act provides that the Local 
 Government Board shall continue to act as county authority. 2 And by 
 
 (1) 51 & 52 Vict. c. 41. (2) lb. s. 34 (7). 
 
 2 b 2
 
 3-72 
 
 Appendix I. 
 
 50 & 51 Vict, 
 c. 48. 
 
 Definitions. 
 
 Extent of Act, 
 
 sect. 9 (18) of the Local Government Act, 1894, it is provided that that 
 section shall apply to a county borough with the necessary modifications, and 
 in particular with the modification that the order — i.e. the order for the 
 compulsory acquisition of land — shall be both made and confirmed by the 
 Local Government Board, and shall be carried into effect by the council of 
 the county borough. 
 
 Sect. 17. In this Act, unless the context otherwise requires — 
 
 The expression " allotment " includes a field garden. 
 
 The expressions " urban district " and " rural district " mean re- 
 spectively an urban and rural sanitary district within the meaning 
 of the Public Health Act, 1875. 
 
 The expression " sanitary authority " means the urban sanitary 
 authority of an urban sanitary district and the rural sanitary 
 authority of a rural sanitary district within the meaning of the 
 Public Health Act, 1875. 
 
 The expression " land " includes pasture, arable, and other land, and 
 any right of way or easement. 
 Sect. 18. This Act shall not apply to Scotland or Ireland.
 
 ( 373 ) 
 
 51 & 52 Vict, 
 c. 41. 
 
 THE LOCAL GOVERNMENT ACT, 1888. 
 
 51 & 52 Vict. c. 41. 
 
 An Act to amend the laivs relating'Jo Local Government in England and 
 Wales, and for other purposes connected therewith. [13th August, 1888. 
 
 PART III. 
 
 BOUNDABIES. 
 
 Note. Provisions of the Local Government Act, 1894. — The only sections 
 of Part III. of the present Act referred to in the Act of 1894, 1 are sects. 54, 2 
 57, 3 58, 4 and 59. s It has, however, with the object of giving as complete a 
 view of the whole question of local boundaries as possible, been thought 
 desirable to include in the present work the whole part, with the exception 
 of a few sections which are either spent, or which, though contained in the 
 present part of the Act, do not relate to boundaries. 
 
 Sect. 50. — (1.) The first council elected under this Act for any Boundary of 
 administrative county shall, subject as herein-after mentioned, be elected C °™}J for first 
 for the county at large as bounded at the passing of this Act for the e ec 10 • 
 purpose of the election of members to serve in Parliament for the county : 
 Provided always, that — 
 
 («.) This enactment shall not apply to the boundary between two 
 administrative counties which are portions of one entire county, 
 and in case of those administrative counties, the boundary 
 between the portions, as existing for the purposes of county 
 rate, shall, subject to any change made by or in pursuance of 
 this Act, be the boundary of the administrative county for 
 which the council is elected; and, 
 
 (&.) Where any urban sanitary district is situate partly within and 
 partly without the boundary of such county, the district shall 
 be deemed to be within that county which contains the largest 
 portion of the population of the district, according to the census 
 of one thousand eight hundred and eighty-one. 
 
 (c.) Where any portion of an administrative county has before the 
 passing of this Act been transferred to another administrative 
 county for the purposes of the Acts relating to the police or 
 Contagious Diseases (Animals) or otherwise, nothing in this Act 
 shall affect such transfer. 
 
 (&) The wapentake of the ainsty of York (except so much as is 
 included in the municipal borough of York as extended by the 
 York Extension and Improvement Act, 1884) shall for all ^ f c ^^ 
 purposes of this Act be deemed to be part of the west riding of 
 the county of York. 
 
 (2.) The county council elected under this Act shall have for the 
 purposes of this Act authority throughout the administrative county for 
 
 (1) 56 & 57 Vict. c. 73. (11), 41 42, 54 (2), 80 (2). 
 
 (2) See lb., ss. 36 (5), 54 (2, c). (4) See lb., s. 36 (6). 
 
 (3) See lb., ss. 36 (1), (8), (10), (5) See lb., s. 69.
 
 374 Appendix I. 
 
 51 & 52 Vict, -which it is elected, and the administrative county as hounded for the 
 c. 41. purpose of the election shall, subject to alterations made in manner 
 
 herein-after mentioned, be for all the purposes of this Act the county of 
 such county council. 
 
 (3.) If any difference arises as to the county which contains the 
 largest portion of the population of any such district as above in this 
 section mentioned, such difference shall be referred to the Local Govern- 
 ment Board, whose decision shall be final. 
 
 (4.) This section applies to an administrative county within the 
 meaning of this Act, save that it shall not apply to the administrative 
 county of London, nor to any county borough, and any place which, 
 though forming part of any such borough for the purposes of the election 
 of members to serve in Parliament, is not within the municipal boundary 
 of such borough shall, notwithstanding anything in the foregoing 
 provisions of this section, form, for the purposes of this section, part of 
 the county in which such place is situate. 
 
 Note. Administrative counties. County boroughs. — By sect. 100, the 
 expression " administrative county " in the present Act, " means the area for 
 ■which a county council is elected in pursuance of this Act, but does not 
 (except where expressly mentioned) include a county borough." 
 
 By virtue of sub-sect. (2) the present section, in conjunction with the 
 provisions as to certain special counties mentioned below, permanently 
 determines the boundaries of administrative counties, subject to any altera- 
 tions that may from time to time have been made. 
 
 Each of the fifty-two ancient counties in England and Wales constitutes, 
 with the alterations of boundary provided for by the present section and any 
 further alterations made since the passing of the Act, a single administrative 
 county, with the following exceptions: — The Metropolis was by sect. 40 
 constituted the administrative county of London ; and this provision of course 
 affects the boundaries of the adminstrative counties of Middlesex, Surrey and 
 Kent. By sect. 46, the three ridings of Yorkshire, the three divisions of 
 Lincolnshire, the eastern and western divisions of Sussex, the eastern and 
 western divisions of Suffolk, the Isle of Ely and the residue of the county 
 of Cambridge, and the soke of Peterborough and the residue of the county of 
 Northampton, were respectively made separate administrative counties. By 
 sect. 49 the Scilly Islands are excluded from the administrative county 
 Cornwall. 1 And since the passing of the Act the Isle of Wight and the 
 residue of the county of Southampton have been made separate administrative 
 counties. 2 The total number of administrative counties is now, therefore, 
 sixty-two. 
 
 By sect. 31 certain important boroughs were constituted " county 
 boroughs"; and by sects. 52 and 54 provisions are made for the constitution 
 of further county boroughs. County boroughs do not share in the election of 
 county councils, and the area of a county borough does not, therefore, form 
 part of any administrative county. But a county borough is to some extent 
 in the position of an administrative county itself; and by sect. 34 (I) the 
 mayor, aldermen, and burgesses of a county borough acting by the council 
 have, subject to the provisions of this Act, the powers, duties, and liabilities of 
 a county council. In the Local Government Act, 1894, it may be observed, 
 the expression "county" includes a county borough, and the expression 
 county council includes the council of a county borough. 3 
 
 The following is a list of the county borough?: — 
 
 Barrow, Bath, Birkenhead, Birmingham, Blackburn, Bolton, Bootle cum 
 Linacre, Bradford, Brighton, Bristol, Burnley, Bury, Canterbury, Cardiff, 
 Chester, Coventry, Croydon, Derby, Devonport, Dudley, Exeter, Gateshead, 
 Gloucester, Great Yarmouth, Grimsby, Halifax, Hanley, Hastings, Huddersfield, 
 Ipswich, Kingston-upon-Hull, Leeds, Leicester, Lincoln, Liverpool, Manchester, 
 Middlesbrough, Newport (Mon.), Newcastle-upon-Tyne, Northampton, 
 Norwich, Nottingham, Oldham, Oxford, Plymouth, Portsmouth, Preston, 
 
 (1) See also 53 & 54 Vict. c. clxxvi. (3) 56 & 57 Vict. c. 73, s. 75 (2). 
 
 (2) 52 & 53 Vict. c. clxxvii.
 
 The Local Government Act, 1888. 375 
 
 Reading, Rochdale, Saint Helen's, Salford, Sheffield, Southampton, South 51 & 52 Vict 
 Shields, Stockport, Sunderland, Swansea, Walsall, West Bromwich, West c. 41. 
 
 Ham, Wigan, Wolverhampton, Worcester, York. 
 
 These boroughs were all made county boroughs by the present Act, except 
 Grimsby, Newport (Mon.) and Oxford, which have been constituted county 
 boroughs by provisional orders of the Local Goverment Board duly confirmed 
 since the passing of the Act. 1 
 
 Parliamentary boundaries. — -With regard to the boundaries of counties for 
 the purposes of parliamentary elections, reference may be made to the 
 Parliamentary Boundaries Act', 1832, 2 the Boundaries Act, 18G8, 3 and the 
 Redistribution of Seats Act, 1885. 4 
 
 Entire county. — This expression is defined by sect. 100 as meaning "in the 
 case of a county divided into administrative counties, the whole of the county 
 formed by those administrative counties." 
 
 Sect. 51. In the constitution of electoral divisions of a county, whether 
 for the first election or for subsequent elections, the following directions Direct , on8 r or 
 shall be observed — _ constitution of 
 
 (1.) The divisions shall be arranged with a view to the population of electoral divi- 
 each division being, so nearly as conveniently may be, equal, sions. 
 regard being bad to a proper representation both of the rural 
 and of the urban population, and to the distribution and 
 pursuits of sucb population, and to area, and to the last 
 published census for the time being, and to evidence of any 
 considerable change of population since sucb census ; 
 
 (2.) Electoral divisions shall, so far as may be reasonably practicable, 
 be framed so that every division shall be a county district or 
 ward, or a combination of county districts or wards, or be 
 comprised in one county district or ward, but where an electoral 
 division is a portion of a county district or ward, aud such 
 portion has not a defined area for which a separate list or part 
 of a list of voters is made under the Acts relating to the 
 registration of electors, such portion shall, until a new register 
 of electors is made, continue to be part of the district or ward 
 of which it has been treated as being part in the then current 
 register of electors ; 
 
 (3.) Whenever under the provisions of this section a county district is 
 divided into two or more portions, every such portion shall, as 
 far as possible, consist of an entire parish or of a combination 
 of entire parishes ; 
 
 (4.) In determining the electoral divisions for the first election, the 
 foregoing provisions shall apply as if, where a rural sanitary 
 district is situate in more than one county, each portion of the 
 district which is situate in the same county were a county 
 district, and any such portion may be combined with a county 
 district, or portion of a county district, although not adjoining ; 
 
 (5.) The electoral divisions for the first election shall be fixed on or 
 before the eighth day of November next after the passing of 
 this Act. 
 
 Note. Electoral Divisions.— Except in the case of London, each electoral 
 division, under sect. 2 (2) (e), returns one councillor. 
 
 The original division of administrative counties other than London was 
 effected under sect. 2 (3) as follows :— The Local Government Board appor- 
 tioned the number of councillors for the county between the boroughs which 
 had sufficient population to return one councillor and the rest of the county. 
 Any borough to which one councillor was assigned became an electoral 
 division. A borough to which more than one councillor was assigned, was 
 
 (1) See 52 & 53 Vict. c. xv.; 53 (2) 2 & 3 Wm. IV. c. 64. 
 
 & 54 Vict. c. cciv .: 54 & 55 Vict. (3) 31 & 32 Vict. c. 46, s. 11. 
 
 c ccx (4) 48 & 49 Vict. c. 23, s. 18.
 
 376 
 
 Appejidix I. 
 
 51 & 52 Vict, 
 c. 41. 
 
 Consideration of 
 alterations of 
 boundaries by 
 county councils. 
 
 Future altera- 
 tions of toun-j 
 daries. 
 
 divided into electoral divisions by the borough council. The rest of the 
 county was divided into electoral divisions by the quarter sessions. 
 
 The electoral divisions of the county of London, and the number of councillors 
 to be returned by each division, are provided for by sect. 40. 
 
 Alterations in electoral divisions may be effected under sect. 54. 
 
 Wards. — The expression " ward " is not defined in the present Act. For 
 the purposes of the present section it no doubt means a ward of a borough 
 or other urban sanitary district. Provisions for the determination and 
 alteration of wards of a borough are contained in the Municipal Corporations 
 Act, 1882, 1 the Municipal Corporations Act, 1893, 2 and sects. 54 and 55 of the 
 present Act. Such wards are very frequently dealt with by Local Acts. 
 Provisions as to the determination and alteration of wards of urban districts 
 other than boroughs are contained in sect. 57 of the present Act. 3 
 
 Sect. 52. [Provisional order as respects boroughs and urban sanitary 
 districts in the same area. - ] 
 
 Note. Borough not co-extensive with urban sanitary district. — As to the 
 present section, which is now spent, except as regards the borough of Folke- 
 stone, see the note to sect. 36 of the Local Government Act, 1894, ante, p. 185. 
 
 Sect. 53. — (1.) Every report made by the Boundary Commissioners 
 under the Local Government (Boundaries) Act, 1887, shall be laid before 
 the council of any administrative county or county borough affected by 
 that report. 
 
 (2.) It shall be the duty of the council to take into consideration such 
 report, and to make such representations to the Local Government 
 Board as they think expedient for adjusting the boundaries of their 
 county, and of other areas of local government partly situate in their 
 county, with a view of securing that no such area shall be situate in 
 more than one county. 
 
 Note. Boundary Commission. — As to the report referred to in sub-sect. 
 (1), which under sect. 36 (12) of the Local Government Act, 1894, is to be laid 
 before county and county borough councils, see the note to that section, ante. 
 
 Sect. 54. — (1.) Whenever it is represented by the council of any county 
 or borough to the Local Government Board — 
 
 (a) that the alteration of the boundary of any county or borough is 
 
 desirable; or 
 
 (b) that the union, for all or any of the purposes of this Act, of a 
 
 county borough with a county is desirable ; or 
 
 (c) that the union, for all or any of the purposes of this Act, of any 
 
 counties or boroughs or the division of any county is desirable ; or 
 
 (d) that it is desirable to constitute any borough having a population 
 
 of not less than fifty thousand into a county borough ; or 
 
 (e) that the alteration of the boundary of any electoral division of a 
 
 county, or of the number of county councillors and electoral 
 
 divisions in a county, is desirable; or 
 (J) that the alteration of any area of local government partly situate 
 
 in their county or borough is desirable, 
 the Local Government Board shall, unless for special reasons they think 
 that the representation ought not to be entertained, cause to be made a 
 local inquiry, and may make an order for the proposal contained in such 
 representation, or for such other proposal as they may deem expedient, or 
 may refuse such order, and if they make the order may by such order 
 divide or alter any electoral division. 
 
 (1) 45 & 46 Vict. c. 50. ss. 30, 212. 
 
 (2) 56 Vict. c. 9. 
 
 (3) The provisions of the Public 
 Health Act, 1875 (38 & 39 Vict. 
 c. 55, s. 271, and schedule ii. rule 6), 
 as to wards of local government dis- 
 
 tricts were practically superseded by 
 sect. 57 of the present Act ; and the 
 second schedule to the Public Health 
 Act, 1875, is repealed by the Local 
 Government Act, 1894.
 
 The Local Government Act, 1888. 377 
 
 (2.) Provided that in default of such representation by the council of 51 & 52 Vict, 
 any county or borough before the hrst day of November one thousand c. 41. 
 
 eight hundred and eighty-nine, the Local Government Board may cause 
 such local inquiry to be made, and thereupon may make such order as 
 they may deem expedient. 
 
 (3.) Provided that if the order alters the boundary of a county or 
 borough, or provides for the union of a county borough with a county, or 
 for the union of any counties or boroughs, or for the division of any 
 county, or for constituting a borough into a county borough, it shall be 
 provisional only, and shall not have effect unless confirmed by Parliament. 
 
 (4.) Where such order alters the boundary of a borough, it may, as 
 consequential upon such alteration, do all or any of the following things, 
 increase or decrease the number of the wards in the borough, and alter 
 the boundaries of such wards, and alter the apportionment of the number 
 of councillors among the wards, and alter the total number of councillors, 
 and in such case, make the proportionate alteration in the number of 
 aldermen. 
 
 (5.) At any time before the appointed day, the Local Government 
 Board may make an order in pursuance of this section without any such 
 representation as in this section mentioned. 
 
 Note. Alteration of county and borough boundaries. — Sect. 36 (5) of the 
 Local Government Act, 1894, provides that where, for the purposes mentioned 
 in that section, an alteration of the boundary of any county or borough seems 
 expedient, application shall be made to the Local Government Board under 
 the present section. And sect. 54 of that Act requires certain arrangements 
 to be made as to the government of any parish affected by an order of the 
 Local Government Board under the present section extending or diminishing 
 the area of an urban district. 
 
 As to the boundaries of administrative counties, see sect. 50 and the note to 
 that section. As to borough boundaries, see the note to sect. 36 of the 
 Local Government Act, 1894, ante, pp. 184, 185. 
 
 Sect. 55. — (1.) Where the Local Government Board make a Pro- Contents of pro- 
 visional Order tor uniting two county boroughs, such Order may make visional order 
 them one borough and one county for the purposes of this Act. two* county" 8 
 
 (2.) Such Order, and also any other Order under this Act for uniting boroughs, 
 boroughs, whether county boroughs or not, may also contain such 
 provisions as may seem necessary or proper for regulating the division of 
 the combined borough into wards, the number of councillors to be elected 
 for each ward, and the first election of the council of the combined 
 borough, and for providing for the clerks of the peace, coroners, town 
 clerks, and officers of the boroughs, and the application to them of the 
 provisions of this Act as to existing officers, and for providing for all 
 matters incidental to or consequential on the union of the boroughs. 
 
 (3.) When any such Provisional Order is confirmed, it shall be lawful 
 for Her Majesty to grant a commission of the peace and court of quarter 
 sessions to the combined borough in like manner as to any other borough 
 under the Municipal Corporations Act, 1882, and the Provisional Order 
 may contain such provisions as appear necessary or proper for regulating 
 all matters incidental to such grant, and to the changes caused by the 
 union of the boroughs in matters connected with such commission or 
 court or otherwise with the administration of justice. 
 
 Note. County boroughs.— With regard to county boroughs, see the note to 
 sect. 50, ante. p. 374. 
 
 Sect. 56. Where a petition is presented to Her Majesty the Queen by Procedure for 
 the inhabitant householders of any town or towns or district, in pursuance charter of new 
 of the Municipal Corporations Act, 1882, for the grant of a charter of wu s- 
 incorporation, notice of such petition shall be given to the county council 
 of the county in which such town, towns, or district is or are situate, and 
 shall also be sent to the Local Government Board, and the Privy Council
 
 378 Appendix I. 
 
 51 & 52 Vict, shall consider any representations made by such county council or the 
 c. 41. Local Government Board, together with the petition for such charter. 
 
 Note. New borough. — With regard to new boroughs, see sect. 54 of the 
 Local Government Act, 1894, and the note to that section, ante. 
 
 Future alteration Sect. 57. — (1.) Whenever a county council is satisfied that a prima 
 of county dis- facie case is made out as respects any county district not a borough, or as 
 and wards and S respects any parish, for a proposal for all or any of the following things; 
 future establish- that is to say — 
 
 nient of urban ( a> ) the alteration or definition of the boundary thereof; 
 
 districts. ^.) ftie division thereof or the union thereof with any other such district 
 
 or districts, parish or parishes, or the transfer of part of a parish 
 to another parish ; 
 (c.) the conversion of any such district or part thereof, if it is a rural 
 district, into an urban district, and if it is an urban district, 
 into a rural district, or the transfer of the whole or any part of 
 any such district from one district to another, and the formation 
 of new urban or rural districts ; 
 (d.) the division of an urban district into wards ; and 
 (e.) the alteration of the number of wards, or of the boundaries of any 
 ward, or of the number of members of any district council, or of 
 the apportionment of such members among the wards, 
 the county council may cause such enquiry to be made in the locality, 
 and such notice to be given, both in the locality, and to the Local 
 Government Board, Education Department, or other Government Depart- 
 ment as may be prescribed, and such other enquiry and notices (if any) 
 as they think fit, and if satisfied that such proposal is desirable, may 
 make an order for the same accordingly. 
 
 (2.) Notice of the provisions of the order shall be given, and copies 
 thereof shall be supplied in the prescribed manner, and otherwise as the 
 county council think fit, and if it relates to the division of a district into 
 wards, or the alteration of the number of wards or of the boundaries of a 
 ward, or of the number of the members of a district council, or of the 
 apportionment of the members among the wards, shall come into 
 operation upon being finally approved by the county council. 
 
 (3.) In any other case the order shall be submitted to the Local 
 Government Board ; and if within three months after such notice of the 
 provisions of the order as the Local Government Board determine to be 
 the first notice, the council of any district affected by the order, or any 
 number of county electors registered in that district or in any ward of 
 that district, not being less than one sixth of the total number of electors 
 in that district or ward, or if the order relates only to a parish, any 
 number of county electors registered in that parish, not being less than 
 one sixth of the total number of electors in that parish, petition the 
 Local Government Board to disallow the order, the Local Government 
 Board shall cause to be made a local inquiry, and determine whether the 
 order is to be confirmed or not. 
 
 (4.) If any such petition is not presented, or being presented is with- 
 drawn, the Local Government Board shall confirm the order. 
 
 (5.) The Local Government Board, on confirming an order, may make 
 such modifications therein as they consider necessary for carrying into 
 effect the objects of the order. 
 
 (6.) An order under this section, when confirmed by tbe Local 
 Government Board, shall be forthwith laid upon the table of both 
 Houses of Parliament, if Parliament be then sitting, and, if not, forth- 
 with after the then next meeting of Parliament. 
 
 (7.) This section shall be in addition to, and not in derogation of, any 
 power of the Local Government Board in respect of the union or division 
 or alteration of parishes. 
 
 Note. Application of section under the Local Government Act, 1894. — 
 Under sub-sect. (1) of sect. 36 of the Local Government Act, 1894, every
 
 The Local Government Act, 1888. 379 
 
 county council, and it is to be observed that the expression county council 51 & 52 Vict. 
 in that Act includes the council of a county borough, are for the purjiose of c. 41. 
 
 carrying that Act into effect in certain cases of overlapping boundaries and 
 the like, to take every such case in their county into consideration, and 
 whether any such proposal has or has not been made as mentioned in the 
 present section, as soon as practicable in accordance with the present section, 
 to cause inquiries to be made and notices given, and to make such orders, if 
 any, as they deem most suitable for carrying that Act into effect in accor- 
 dance with certain provisions contained in that sub-section. 
 
 By sub-sect (10) of the same section it is provided that, subject to the 
 provisions of that Act, any order made by a county council in pursuance of 
 Part III. of the Local Government Act, 1894, shall be deemed to be an order 
 under the present section. 
 
 Under that Act, therefore, county and county borough councils will in 
 certain cases and for certain purposes be able to exercise their powers under 
 the present section of their own motion without any proposal having been 
 made to them. And the present section will apply to orders of such councils 
 made for various purposes other than those mentioned in the section. 
 Sect. 40 of that Act, however, provides that certain orders of a county council 
 under that Act shall not require submission to or confirmation by the Local 
 Government Board. 
 
 Sect. 36 (8) of the same Act expressly provides that parishes may be dealt 
 with under the present section whenever it seems expedient for the purposes 
 of that Act. The object of this enactment is by no means apparent ; it 
 certainly seems quite superfluous. 
 
 The powers of a county conncil to make orders under sect. 36 of the last 
 mentioned Act for the purpose of bringing that Act into operation will, 
 by sub-sect. (12) of that section, at the expiration of two years after the 
 passing of the Act, or such further period as the Local Government Board 
 may allow, be transferred to that Board. Certain further provisions of the 
 Local Government Act, 1894, as to the present section are referred to 
 below. 
 
 Parishes and County Districts.— -The expression "county district is by 
 sect. 100 l in effect defined as meaning, for the purposes of the present 
 section, till the Local Government Act, 1894, comes into operation, a sanitary 
 district, and afterwards a county district under that Act. The boundaries of 
 parishes and sanitary districts are discussed in the note to sect. 36 of that 
 Act. 2 
 
 Wards. — With regard to the wards of an urban district, see the note to 
 sect. 51. 
 
 Prescribed notices, inquiries, fyc— The Local Government Board, in pursu- 
 ance of this section and of sect. 87 (4), which enacts that, " where any matter 
 is authorised or required by this Act to be prescribed, and no other provision 
 is made declaring how the same is to be prescribed, the same shall be 
 prescribed from time to time by the Local Government Board,' issued 
 regulations with regard to the various matters to be prescribed under this 
 section on the 14th September, 1889. 
 
 Under sect. 80 (2) of the Local Government Act, 1894, however, the Local 
 Government Board have made regulations for expediting and simplifying the 
 procedure under the present section in all cases in the year 1894 for the 
 purpose of bringing that Act into immediate operation. These regulations 
 will be found, ante pp. 171-175. 
 
 The operative parts of the regulations issued in 1889 are as follows : — 
 
 Article I.— "(1.) Prior to any order being made by a county council in 
 regard to a proposal for all or any of the things specified in sub-sect. (1) of 
 sect. 57 of the Local Government Act, 1888, a local inquiry, at which all 
 persons interested may attend and be heard, shall be held in regard to the 
 proposal as the council may direct, either by a committee of the county 
 council, or by some person appointed by the county council to hold such 
 inquiry. 
 
 (1) See ante, p. 245. [ (2) Ante pp. 175-185.
 
 380 Appendix I. 
 
 51 & 52 Vict. " (2.) — If the proposal relate to one or more county districts, the said 
 C. 41. inquiry shall be held at some convenient place in such district or in one of 
 
 such districts ; and if the proposal relate to a parish or parishes, the said 
 inquiry shall be held either in such parish or in one of such parishes, or at 
 such place in the neighbourhood as may, in the opinion of the committee or 
 person by whom the inquiry is to be held, be most convenient for the 
 purpose. 
 
 " (3.) Before the day when the inquiry is to be held, public notice of the 
 purport of the proposal, and of the day, time, and place fixed for the inquiry 
 in reo-ard to it, shall be given by the county council by advertisement in two 
 successive weeks in some local newspaper circulating in the locality to which 
 the proposal relates." 
 
 Article II. — " At least fourteen days before the day when the inquiry is 
 to be held, a printed notice of the purport of the proposal, and of the day, 
 time, and place for the inquiry shall also be published in the manner herein- 
 after described, and shall be sent to the several Government Departments and 
 local or other authorities hereinafter specified ; that is to say, — 
 
 " (1.) A copy of the said notice shall be posted as a bill or placard in such 
 places in the county district or districts or parish or parishes 
 interested in the proposal as are ordinarily made use of for posting 
 public or parochial notices. 
 " (2.) In any case where the proposal relates to the alteration of or other 
 dealing with any sanitary district, a copy of the notice shall be 
 sent by the county council to the sanitary authority of such 
 district. 
 " (3.) In any case where the proposal relates to the alteration of or other 
 dealing with any parish, a copy of the notice shall be sent by the 
 county council to the overseers of the poor of such parish; to the 
 guardians of the poor of the union in which such parish is com- 
 prised ; to the School Board (if any) for such parish or for any 
 part thereof; to the highway authority or authorities of the parish; 
 to the Burial Board (if any) for such parish or for any part 
 thereof; and to the urban sanitary authority (if any) in whose 
 district such parish or any part thereof is comprised. 
 " (4.) A copy of the notice shall be sent by the county council to any local 
 authority which, in the opinion of the county council, is specially 
 interested in the proposal. 
 " (5.) A copy of every such notice shall be sent by the county council to 
 the Local Government Board ; and in any case where the proposal 
 relates to all or any of the things mentioned in paragraphs (a), 
 (6), and (c), of sub-sect. (1) of sect. 57 of the said Act, a copy of 
 the notice shall be sent by the county council to the Public 
 Works Loan Commissioners, the Director-General of the Ordnance 
 Survey at Southampton, and to the Registrar-General; and in 
 any case where the proposal relates to the alteration or definition 
 of the boundary of any parish a copy of the notice shall be sent 
 to the Education Department." 
 Article III. — " Public notice of the provisions of any order made by a 
 county council under sub-sect. (1) of sect. 57 of the said Act shall be given 
 by the county council by advertisement in two successive weeks in some local 
 newspaper circulating in each district or parish affected by the order ; and 
 the first of such advertisements shall be published within fourteen days after 
 the making of the order. 
 
 " The said advertisement shall contain either a copy of the order or a 
 statement of the effect of the order, and shall also contain a statement of the 
 time and place or places during and at which copies of the order may be 
 inspected by any owner or ratepayer in any area affected by the order 
 during a period of one month from the date of the first publication of such 
 advertisement, and the order shall be open for such inspection during such 
 period." 
 
 Article IV. — " A copy of any order made as aforesaid by a county council 
 shall, at any time while copies of the order are open to inspection as aforesaid, 
 and, in the case of an order which requires to be confirmed by the Local
 
 The Local Government Act, 1888. 381 
 
 Government Board, at any time before the confirmation of the order by the 51 & 52 Vict. 
 Local Government Board, be supplied by the clerk to the council to any owner c. 41. 
 
 or ratepayer in any area affected by the order, upon payment by such owner 
 or ratepayer of a sum not exceeding threepence for each hundred words of 
 manuscript if the copy of the order be in writing, or upon payment of a sum 
 not exceeding threepence for a printed cop3 r of the order." 
 
 Article V. — "On or before the date of the first publication of the adver- 
 tisement in pursuance of Article III. hereof of the provisions of any order 
 made as aforesaid, and, in the case of any such order which does not require 
 to be confirmed by the Local Government Board, one month at least before 
 the order is finally approved by the county council under the said sub-sect. (2) 
 of sect. 57 of the said Act, three copies of the order shall be forwarded to the 
 Local Government Board and to each of the other Government Departments 
 to whom a copy of the notice of the inquiry relative to the proposed order 
 was, by Article II. of this order, required to be sent ; a copy of the order shall 
 also be sent to each of the local or other authorities to whom a copy of such 
 notice was so required to be sent, and a copy shall also be posted in like 
 manner as the notice of the inquiry was, in pursuance of the same Article, 
 required to be posted." 
 
 Article VI.— "The first advertisement in pursuance of Article III. hereof 
 of the provisions of any order made by a county council under the said 
 sub-sect. (1) of sect. 57 of the said Act shall be deemed to be the ' first 
 notice ' for the purposes of sub-sect. (3) of that section." 
 
 Article VII. — " The expression ' county council ' in this order shall 
 include a joint committee appointed under sect. 81 of the said Act by any 
 county councils of administrative counties for the purpose of dealing under 
 sect. 57 of the said Act with a matter in which such councils are jointly 
 interested." 
 
 By sect. 36 (7) of the Local Government Act, 1894, notice of an order 
 dealing with parish boundaries proposed to be made after the appointed day 
 is to be given to the parish council, or if there is no parish council to the 
 parish meeting. 
 
 Petition against Order of County Council. — A right to petition against an 
 oi - der for the alteration of the boundary of any parish, or the division thereof, 
 or the union thereof or of any part thereof with another parish, is by sect. 36 (7) 
 of the Local Government Act, 1894, given to the parish council, or if there is 
 no parish council to the parish meeting. Sect. 36 (10) of the same Act gives a 
 right of petition against the order of a county council in certain cases to any 
 board of guardians affected by the order. 
 
 By sect. 41 of the same Act it is provided that the time for petitioning 
 against an order under the present section shall be six weeks instead of 
 three months after the notice referred to in sub-sect. (3) of the present 
 section. 
 
 Areas in two or more counties. — By sect. 36 (11) of the Local Government 
 Act, 1894, it is provided that where any of the areas referred to in the 
 present section is situate in two or more counties, or the alteration of any 
 such area would alter the boundaries of a poor law union situate in two or 
 more counties, a joint committee appointed by the councils of those counties 
 shall, subject to the terms of delegation, be deemed to have and to always 
 have had power to make orders under the section with respect to that 
 area. By sect. 54 of the present Act the Local Government Board are 
 enabled, upon the representation of a county or borough council, to effect the 
 alteration of any area of local government partly situate in their county or 
 borough. 
 
 Validity of orders duly confirmed. — By sect. 42 of the Local Government 
 Act, 1894, provisions are made rendering an order of a county council under 
 the present section confirmed by the Local Government Board unimpeachable 
 after the lapse of six months from the confirmation. 
 
 Parishes affected by alteration of urban district. — Sect. 54 of the Local 
 Government Act, 1894, requires certain arrangements to be made with 
 reference to the government of a parish affected by the extension or 
 diminution of an urban district under the present section. 
 
 Powers of Local Government Board. — As to the powers of that Board
 
 3 8 2 
 
 Appendix I. 
 
 51 & 52 Vict, referred to in sub-sect. (7), see the note to sect. 36 of the Local Government 
 c. 41. Act, 1894, ante, pp. 179-183. 
 
 Additional power Sect. 58. The Local Government Board, where it appears expedient 
 of Local Govern- so to do with reference to any poor law union which is situate in more 
 ment Board as to t] ian one coun ty instead of dissolving the union, may by order provide 
 that the same shall continue to be one union for the purposes of indoor 
 paupers or any of those purposes, and shall be divided into two or more 
 poor law unions for the purpose of out-door relief, and may by the order 
 make such provisions as seem expedient for determining all other 
 matters in relation to which such union is to be one union or two or 
 more unions. 
 
 Note. Union boundaries. — By sect. 36 (6) of the Local Government Act, 
 1894, an order of a county council under Part III. of that Act may, where the 
 alteration of a poor law union seems expedient by reason of any of the provisions 
 of that Act, provide for such alteration in accordance with the present section 
 or otherwise. With regard to union boundaries, see further the note to 
 that section, ante, p. 184. 
 
 Supplemental 
 provisions as to 
 alteration of 
 
 51 & 52 Vict. 
 c. 10. 
 
 Sect. 59. — (1.) A scheme or order under this Act may make such 
 administrative and judicial arrangements incidental to or consequential 
 on any alteration of boundaries, authorities, or other matters made by the 
 scheme or order as may seem expedient. 
 
 (2.) A place which is part of an administrative county for the purposes 
 of this Act shall, subject as in this Act mentioned, form part of that 
 county for all purposes, whether sheriff, lieutenant, custos rotulorum, 
 justices, militia, coroner, or other; Provided that — 
 
 (a.) Notwithstanding this enactment, each of the entire counties of 
 
 York, Lincoln, Sussex, Suffolk, Northampton, and Cambridge 
 
 shall continue to be one county for the said purj^oses so far as it 
 
 is one county at the passing of this Act ; and 
 
 (6.) This enactment shall not affect the existing powers or privileges 
 
 of any city or borough as respects the sheriff, lieutenant, militia, 
 
 justices, or coroner; but, if any county borough is, at the 
 
 passing of this Act, a part of any county for any of the above 
 
 purposes, nothing in this Act shall prevent the same from 
 
 continuing to be part of that county for that purpose ; and 
 
 (c.) This enactment shall not affect parliamentary elections nor the 
 
 right to vote at the election of a member to serve in Parliament, 
 
 nor land tax, tithes, or tithe rentcharge, nor the area within 
 
 which any bishop, parson, or other ecclesiastical person has any 
 
 cure of souls or jurisdiction. 
 
 (3.) For the purposes of parliamentary elections, and of the registration 
 
 of voters for such elections, the sheriff, clerk of the peace, and council of 
 
 the county in which any place is comprised at the passing of this Act for 
 
 the purpose of parliamentary elections shall, save as otherwise provided 
 
 by the scheme or order, or by the County Electors Act, 1888, or this Act, 
 
 continue to have the same powers, duties, and liabilities as they would 
 
 have had if no alteration of boundary had taken place. 
 
 (4.) Any scheme or order made in pursuance of this Act may, so far as 
 
 may seem necessary or proper for the purposes of the scheme or order, 
 
 provide for all or any of the following matters, that is to say, — 
 
 (a.) may provide for the abolition, restiiction, or establishment, or 
 
 extension of the jurisdiction of any local authority in or over 
 
 any part of the area affected by the scheme or order, and for the 
 
 adjustment or alteration of the boundaries of such area, and for 
 
 the constitution of the local authorities therein, and may deal 
 
 with the powers and duties of any council, local authorities, 
 
 quarter sessions, justices of the peace, coroners, sheriff, lieutenant, 
 
 custos rotulorum, clerk of the peace, and other officer therein, 
 
 and with the costs of any such authorities, sessions, persons, or 
 
 officers as aforesaid, and may determine the status of any such
 
 The Local Government Act, 1888. 383 
 
 urea as a component part of any larger area, and provide for the 51 & 52 Vict. 
 
 election of representatives in such area, and may extend to any c. 41. 
 
 altered area the provisions of any local Act which were previously 
 
 in force in a portion of the area ; and 
 (b.) may make temporary provision for meeting the debts and liabilities 
 
 of the various authorities affected by the scheme or order, for 
 
 the management of their property, and for regulating the duties, 
 
 position, and remuneration of officers affected by the scheme or 
 
 order, and applying to them the provisions of this Act as to 
 
 existing officers ; and 
 (c.) may provide for the transfer of any writs, process, records, and 
 
 documents relating to or to be executed in any part of the area 
 
 affected by the scheme or order, and for determining questions 
 
 arising from such transfer ; and 
 (d.) may provide for all matters which appear necessary or proper for 
 
 bringing into operation and giving full effect to the scheme or 
 
 order; and 
 (e.) may adjust any property, debts, and liabilities affected by the 
 
 scheme or order. 
 (5.) Where an alteration of boundaries of a county is made by this Act 
 an order for any of the above-mentioned matters may, if it appears to the 
 Local Government Board desirable, be made by that Board, but such 
 order, if petitioned against by any council, sessions, or local authority 
 affected thereby, within three months after notice of such order is given 
 in accordance with this Act, shall be provisional only, unless the petition 
 is withdrawn or the order is confirmed by Parliament. 
 
 (6.) A scheme or order may be made for amending any scheme or 
 order previously made in pursuance of this Act, and may be made by 
 the same authority and after the same procedure as the original 
 scheme or order. Where a provision of this Act respecting a scheme 
 or order requires the scheme or order to be laid before Parliament, 
 or to be confirmed by Parliament, either in every case or if it is 
 petitioned against, such scheme or order may amend any local and 
 personal Act. 
 
 Note. Application of section. — The present section will apply to any order 
 made by a county council under Part III. of the Local Government Act, 1894, 
 seeing that l>y sect. 36 (10) of that Act, any order made by a county council in 
 pursuance of that part is, subject to the provisions of that Act, to be deemed 
 to be an order under sect. 57 of the present Act. By sect. 69 of the same 
 Act it is moreover provided that where an alteration of area is made by that 
 Act, an order for any of the matters mentioned in the present section may, if 
 it appears to the county council desirable, be made by the county council, 
 or, in the case of an area situate in more than one county, by a joint 
 committee of county councils ; but that section is not to empower a county 
 council or joint committee to alter the boundaries of a county. 
 
 Sect. 60. In every alteration of boundaries effected under the authority General provision 
 of this Act, care shall be taken that, so far as practicable, the boundaries as to alteration of 
 of an area of local government shall not intersect the boundaries of any boundaries, 
 other area of local government. 
 
 Sect. 61. [Appointment of commissioner s.~] 
 
 Note. Appointment and powers of commissioners. — By the present section 
 certain persons were appointed commissioners for the purpose of effecting 
 certain financial adjustments and determining certain disputes. 1 Their powers 
 were, under the present section, to continue till the 31st December, 1890 ; 
 they were, however, continued by the Expiring Laws Continuance Acts, 1890 
 and 1891, and did not expire till the 31st March, 1893. 
 
 (1) As to the powers of the Commissioners, see ss. 32, 40 (7), 62 (1) (5), 
 and 64 (1) (c).
 
 384 Appendix I. 
 
 51 & 52 Vict. Sect. 62. — (1.) Any councils and other authorities affected by this Act 
 c. 41. or by any scheme, order, or other thing made or done in pursuance of this 
 
 Adjustment of Act, may from time to time make agreements for the purpose of adjusting 
 property and any property, income, debts, liabilities, and expenses, so far as affected 
 liabilities. ^y ^ia Act or such scheme, order, or thing, of the parties to the 
 
 agreement, and the agreement and any other agreement authorized by 
 this Act to be made for the purpose of the adjustment of any property, 
 debts, liabilities, or financial relations, may provide for the transfer or 
 retention of any property, debts, and liabilities, with or -without any 
 conditions, and for the joint use of any property, and for the transfer of 
 any duties, and for payment by either party to the agreement in respect 
 of property, debts, duties, and liabilities so transferred or retained, or of 
 sucli joint user, and in respect of the salary, remuneration, or compensa- 
 tion payable to any officer or person, and that either by way of a capital 
 sum, or of a terminable annuity for a period not exceeding that allowed 
 by the commissioners under this Act or the Local Government Board. 
 
 (2.) In default of an agreement as to any matter requiring adjustment 
 for the purpose of this Act, or any matter which, in case of difference, is 
 to be referred to arbitration, then, if no other mode of making such 
 adjustment or determining such difference is provided by this Act, such 
 adjustment or difference may be made or determined by an arbitrator 
 appointed by the parties, or in case of difference as to the appointment, 
 appointed by the Local Government Board. 
 
 (3.) An arbitrator appointed under this Act shall be deemed to be an 
 8 & 9 Vict. c. 18. arbitrator within the meaning of the Lands Clauses Consolidation Act, 
 1845, and the Acts amending the same, and the provisions of those Acts 
 with respect to an arbitration shall apply accordingly ; and, further, the 
 arbitrator may state a special case, and notwithstanding anything in the 
 said Acts, shall determine the amount of the costs, and shall have power 
 to disallow as costs in the arbitration the costs of any witness whom he 
 considers to have been called unnecessarily, and any other costs which ho 
 considers to have been incurred unnecessarily. 
 
 (4.) Any award or order made by the Commissioners or any arbitrator 
 under this Act may provide for any matter for which an agreement might 
 have provided. 
 
 (5.) Any sum required to be paid for the purpose of adjustment, or of 
 any award or order made by the Commissioners, or an arbitrator under 
 this Act, may be paid out of the county or borough fund or out of such 
 other special fund as the council, with the approval of the Commissioners 
 under this Act or of the Local Government Board, may direct. 
 
 (6.) The payment of any capital sum required to be paid for the 
 purposes of the adjustment or of an agreement under this Act, or of any 
 award or order made upon any arbitration under this Act, shall be a 
 purpose for which a council may borrow under this Act, or in the case of a 
 borough council, under the Municipal Corporations Act, 18S2, or any local 
 Act, and such sum may be borrowed on the security of all or any of the 
 funds, rates, and revenues of the council, and either by the creation of 
 stock or in any other manner in which they are for the time being 
 authorized to borrow, and such sum may be borrowed without the consent 
 of the Treasury or any other authority, so that it be repaid within such 
 period as the Local Government Board may sanction, by such method as 
 is mentioned in Part Four of this Act for paying off a loan, or, if the sum 
 is raised by stock under a local Act, by such method as is directed by 
 that Act. 
 
 (7.) Any capital sum paid to any council for the purpose of any 
 adjustment, or in pursuance of any order or award of an arbitrator under 
 this Act shall be treated as capital, and applied, with the sanction of the 
 Local Government Board, either in the repayment of debt or for any other 
 purpose for which capital money may be applied. 
 
 Note. Application of section. — The present section would appear to apply 
 in the case of an order of a county council made under Part III. of the Local 
 Government Act, 1894, inasmuch as by sect. 36 (10) of that Act, such an
 
 The Local Government Act, 1888. 385 
 
 order is to be deemed to be an order under sect. 57 of the present Act. 51_& 52 Vict. 
 Whether this is so or not is, however, in view of the provisions of sect. 68 c. 41. 
 
 of that Act, which contains, with reference to adjustments required for the 
 purposes of that Act, provisions very similar to those contained in the present 
 section, not a question of much practical importance. 
 
 Sect. 63. [Arbitration of Local Government Board.'] 
 
 Note. Application of section. — The present section has no application to 
 •any of the matters mentioned in the present part of the Act, and is therefore 
 omitted. 
 
 U C
 
 586 Apptndix I. 
 
 53 & 54 Vict, 
 c. 65. 
 
 THE ALLOTMENTS ACT, 1890. 
 
 53 & 54 Vict. c. 65. 
 
 An Act to provide for an Appeal from a Sanitary Authority failinq to carry 
 into effect the Allotments Act, 1887. [18th August, 1890.] 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 
 advice and consent of the Lords Spiritual and Temporal, and Commons, 
 
 in this present Parliament assembled, and by the authority of the same, 
 
 as follows : 
 
 Construction and Sect. 1. This Act shall be construed as one with the Allotments Act T 
 
 short title. igg7 (in this Act referred to as the principal Act), and the principal Act 
 
 00 & 51 Vict - and this Act may be cited together as the Allotments Acts, 1887 and 1890, 
 
 and this Act may be cited as the Allotments Act, 1890. 
 
 Appeal to county Sect. 2. — (1.) Where such representation as is authorised by section two 
 
 coudcil by _ f tne p r i ne ipal Act lias been made to the sanitary aul hority with respect 
 
 ?o e m a n ke e r n epre ed to au y district or parish, not being within the limits of a borough as 
 
 sentation to sani- defined by the Municipal Corporations Act, 1882, and any six persons 
 
 tary authnrit}'. qualified to make such representation consider that the circumstances of 
 
 45 & 46 Vict. the district or parish are such as to make it the duty of the sanitary 
 
 authority to take proceedings under that Act therein, and that the 
 
 sanitary authority have failed to acquire land adequate and suitable in 
 
 quality and position to provide a sufficient number of allotments, such 
 
 persons may petition the county council of the county in which such 
 
 district or parish is situate, stating the facts and requesting the council to 
 
 put into force the principal Act for the purpose of providing a sufficient 
 
 number of allotments for the district or parish. 
 
 (2.) The council, if satisfied by the inquiry herein-after mentioned tint 
 the circumstances are such that land for allotments should be acquired, 
 shall pass a resolution to that effect, and thereupon the powers and duties 
 of the sanitary authority under the principal Act, so far as regards that 
 district or parish, shall be transferred from the sanitary authority to the 
 county council, and the county council, in substitution for the sanitary 
 authority, shall proceed to acquire land in accordance with the principal 
 Act, and otherwise execute that Act in the said district or parish. 
 
 Provided that this section shall not affect the ] roperty in, or any 
 powers or duties of the sanitary authority in relation to, any land which 
 before the passing of the said resolution was acquired by the sanitary 
 authority under the principal Act. 
 
 Note. Representation and petition by parish council. — By sect. 6 (3) of 
 the Local Government Act, 1894, it is provided that a parish council shall 
 have the same power of making a representation with respect to allotments 
 as is conferred on parliamentary electors by the Allotments Act, 1887, or the 
 present Act. And by sect. 9 (17) of the Local Government Act, 1894, the 
 parish council are given the like power of petitioning the county council as is 
 given to six parliamentary electors by the present Act. 
 
 Standing commit- Sect. 3.— (1.) For the purposes of this Act or the principal Act even- 
 tee, county council, as soon as is conveniently practicable after the passing ot 
 this Act, and annually thereafter at the meeting for the election of 
 r.i & 52 Vict. chairman, shall appoint under the Local Government Act, 188S, a standing 
 c. 41. committee not exceeding one fourth of their whole body.
 
 The Allotments Act, 1890. 387 
 
 (2.) For the purpose of any business under this Act relating to any 53 & 54 Vict 
 district or parish wholly or partly situate in an electoral division, the c. 65. 
 
 county councillor representing that division shall, if not already appointed, 
 be an additional member of the committee. 
 
 (3 ) Any petition under this Act, shall as of course, and without any 
 order of the council, lie referred to the standing committee, who, on being 
 satisfied of the bona fides of the application, shall forthwith c iuse a local 
 inquiry into the circumstances to be made, and shall report the result to 
 the council. 
 
 (4.) An inquiry under this Act or the principal Act shall be held by 
 such one or more members of the standing committee, or such officer of 
 the county council or other person as the standing committee may appoint 
 to hold the same. 
 
 Note. Application of section. — The present section is, subject to adapta- 
 tions to be prescribed by the Local Government Board, incorporated with 
 sect. 9 of the Local Government Act, 1894, by sub-sect. 13 <>f that section. 
 It will therefore apply not only where a petition is presented to the county 
 council under sect. 2 of the present Act, but also where application is made 
 to the county council for an order authorising the compulsory purchase of land 
 for allotments or for the purposes of a parish council, and under sect. 10 (1) 
 of the Local Government Act, 1894, where application is made to the county 
 council for an order authorizing the compulsory hiring of land for allotments 
 by a parish council. 
 
 Sect. 4. Where the powers of the sanitary authority under the principal Supplemental 
 Act are, by virtue of this Act, transferred to the county council, the provisions on 
 following provisions shall have effect :— c ™nul ^qmnnj 
 
 (a.) The principal Act shall apply with the modifications necessary for tarTautnoruy" 
 giving effect to this Act: 
 
 (b.) The county council may borrow for the purposes of thi-< Act subject 
 to the conditions, in the manner, and on the security of the rate, 
 subject to, in, and on the security of which the sanitary authority 
 might have borrowed under the principal Act, if ibis Act had not 
 been passed. The council shall have power to charge the said 
 rate with the repayment of the principal and interest of the loan ; 
 and such loan with the interest thereon shall be repaid by the 
 sanitary authoriiy in like manner, and such 1 h^rge shall have the 
 like effect, as if the loan were lawfully raised and charged on 
 that rate by the sanitary authority : 
 
 (c.) The county council shall keep separate accounts of all receipts and 
 expenditure under this Act, and, in the a plication of sub-section 
 six of section ten of the principal Act, the Local Government 51 & 52 Vict. 
 Act, 1888, shall be substituted for the Public Healh Act, 1875 : c. 41. 
 
 (d.) The county council may make a provisional order for the purchase g 8 5 5 9 ^ 
 of land on the recommendation of thestandin", committee, without 
 any petition from the sanitary authoriiy, and the council shall be 
 considered as the promoters of the order: 
 
 (e.) The county council may delegate to the sanitary authority any 
 powers under section six, section seven, or s< ction eicht of the 
 principal Act (which sections relate to the managi ment of the 
 allotments, anil the letting and use thereof, and the recovery of 
 the rent and of posses-ion thereof) ; and, subject to the terms of 
 the delegation, all expenses and receipts arising in the exercise 
 of the powers so delegated shall be paid and dealt with as 
 expenses and receipts of the sanitary authority under the prin- 
 cipal Act : 
 
 (/.) The county council, on the request of the sanitary authority, may, 
 by order under their seal, transfer to that authority all or auy of 
 the powers, duties, property, and liabilities vested in and imposed 
 on the council by virtue of this Act as regards the district of such 
 authority or any part thereof, and the property so transferred 
 shall be deemed to have been acquired by that authority under 
 the principal Act, and that authority shall act accordingly. 
 
 l 2 c 2
 
 388 Appendix I. 
 
 53 & 54- Vict. Note. Purchase of lund by county council. — Sub-sect. (17) of sect. 9 of 
 c. (35. the Local Government Act, 1894, provides that where, under the present 
 
 Act, the Allotments Act, 1887, applies to the purchase of land by the county- 
 council, that Act shall apply as amended by that section. 
 
 Sub-sect. (14) of the same section provides that any land purchased by a 
 county council for allotments unler the Allotments Acts, 1887 and 1890, or 
 the Local Government Act, 1894, or any of them, shall be assured to the 
 parish council, and that in that case sects. 5 to 8 of the Allotments Act, 1887, 
 shall apply as if the parish council were the sanitary authority. 
 
 It would seem that these provisions, besides modifying the present section 
 in other respects, impliedly repeal paragraphs (e) and (/) wherever land is 
 acquired on behalf of a parish with a parish council. 
 
 Use of school- Sect. 5. Any room in a school receiving a grant out of moneys provided 
 
 room free ofj \yy Parliament may, except during ordinary school hours, be used free of 
 charge for the purpose of an inquiry under this Act, or for the purposes of 
 this Act by the county council or any committee appointed under this 
 Act, or, with the consent of any two managers, for the purpose of holding 
 public meetings to discuss any question relating to allotments under this 
 Act or the principal Act, but any damage done to the room and any 
 expense incurred by the person or persons having control over the room on 
 account of its being so used shall be paid by the county council or by the 
 persons calling the meeting. 
 
 Nothing in this section shall give any right to hold a public meeting in 
 a schoolroom (a) unless not less than six days before the meeting a notice 
 of the intention to hold the meeting on the day and at the time specified 
 in the notice, signed by the persons calling the meeting, beiug not less 
 than six in number, and being persons qualified to make a representation 
 to the local authority under the principal Act, has been given, if the school 
 is under a school board, to the clerk of the board, and in any other case to 
 one of the managers of the school ; nor (b) if the use of the schoolroom on 
 the said day and at the said time has previously to the receipt of the notice 
 of the meeting been granted for some other purpose ; but in that case the 
 clerk or manager, or some one on his behalf, shall forthwith after the 
 receipt of the notice, inform in writing one of the persons signing it that 
 the use of the school has been so granted for some other purpose, and 
 name some other day on which the schoolroom can be used for the 
 meeting. 
 
 If the persons calling the meeting fail to obtain the use of a schoolroom 
 under this section, they may appeal to the standing committee under this 
 Act, and the committee shall forthwith decide the appeal and make such 
 order respecting the use of the room as seems just. 
 
 Note. Use of schoolroom. — Sect. 4 of the Local Government Act, 1894, 
 contains provisions as to the use of schoolrooms, and of rooms the expense of 
 maintaining which is payable out of any local rate, for, inter alia, various 
 purposes connected with allotments. 
 
 Expenses. Sect. 6. — (1.) All expenses incurred by the county council in executing 
 
 the principal Act or this Act in any district or parish on default of a 
 sanitary authority, or incurred by the council in or incidentally to a local 
 inquiry under this Act, shall be paid in the first instance put of the 
 county fund as for general county purposes, and, unless defrayed out of 
 moneys received by the council in respect of any land acquired under this 
 Act otherwise than by sale or exchange, or out of money borrowed as 
 before in this Act mentioned, shall, when the powers and duties of the 
 sanitary authority under the principal Act are transferred to the county 
 couucil in pursuance of this Act, be repaid to the county council as a debt 
 by the sanitary authority. 
 
 (2.) All sums payable by a sanitary authority in pursuance of this Act 
 shall be defrayed in like manner as expenses under the principal Act are 
 required to be defrayed, save that in the case of a rural authority they 
 shall, with the exception of the principal and interest of any money
 
 The Allotments Act, 18 90. 389 
 
 borrowed, or the rent of any land hired by the county council be charged 53 & 54 Vict, 
 as general expenses. c. 65. 
 
 (a.) All sums received by a county council in respect of any land 
 acquired under this Act otherwise th;in from any sale or exchange, in so 
 far as they are not required for the payment of expenses incurred l>y them 
 in respect of such land, shall be paid to the sanitary authority, and in the 
 case of a rural sanitary authority shall be credited to the parish on 
 account of which the land was acquired. 
 
 Note. Expenses of county council. — Where, in consequence of proceedings 
 under the present Act, the county council proceed to acquire land com- 
 pulsorily under sect. 9 of the Local Government Act, 1894, it may be that 
 the expenses of the county council should be regarded as expenses incurred 
 under that section; so that sub-sect. (19) of that section would apply in 
 lieu of the present section. There appears, however, to be nothing in the 
 Local Government Act, 1894, to modify the provisions of the present Act as 
 to the expenses of the county council in cases where they acquire land by 
 agreement ; though the effect of the present section where the land is 
 assured to the parish council and let in allotments by them under sect. 9(14) 
 of the Act of 1894, will be very peculiar.
 
 390 Appendix I. 
 
 56 & 57 Vict, 
 c. 61. 
 
 THE PUBLIC AUTHORITIES PROTECTION ACT, 1893. 
 
 56 & 57 Vict. c. 61. 
 
 An Act to generalize and amend certain statutory provisions for the protec- 
 tion of persons acting in the execution of statutory and other public 
 duties. [5th December, 1893. 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 
 advice and consent of the Lords Spiritual and Temporal, and Commons, 
 
 in this present Parliament assembled, and by the authority of the same, as 
 
 follows : 
 
 Protection of Sect. 1. Where after the commencement of this Act any action, 
 
 persons acting in prosecution, or other proceeding is commenced in the United Kingdom 
 
 execution of " „ r , , ° . .. • ± i i 
 
 statutory or other against any person for any act done in pursuance, or execution, or intended 
 
 public duty. execution of any Act of Parliament, or of any public duty or authority, 
 
 or in respect of any alleged neglect or default in the execution of 
 
 any such Act, duty, or authority, the following provisions shall have 
 
 effect : 
 
 (a.) The action, prosecution, or proceeding shall not lie or be insti- 
 tuted unle.-s it is commenced within six months next after 
 the act, neglect, or default complained of, or, in case of a 
 continuance of injury or damage, within six months next after 
 the ceasing thereof: 
 (o.) Wherever in any such action a judgment is obtained by the 
 defendant, it shall carry costs to be taxed as between solicitor 
 and client : 
 (c.) Where the proceeding is an action for damages, tender of amends 
 before the action was commenced may, in lieu of or in addition 
 to any other plea, be pleaded. If the action was commenced 
 after the tender, or is proceeded with after payment into court of 
 any money in satisfaction of the plaintiff's claim, and the 
 plaintiff does not recover more than the sum tendered or paid, 
 he shall not recover any costs incurred after the tender or 
 payment, and the defendant shall be entitled to costs, to be 
 taxed as between solicitor and client, as from the time of the 
 tender or payment ; but this provision shall not affect costs on 
 any injunction in the action: 
 id.) If, in the opinion of the court, the plaintiff has not given the 
 defendant a sufficient opportunity of tendering amends before 
 the commencement of the proceeding the court may award to 
 the defendant costs to be taxed as between solicitor and 
 client. 
 This section shall not affect any proceedings by any department of the 
 Government against any local authority or officer of a local authority. 
 
 Note. Protection of persons acting under statute, &c. — It has long been 
 not unusual to insert in an Act of Parliament a clause containing provisions 
 for the protection of persons acting in the execution of the Act in question, at 
 of some specified dutv or authority, more or less similar in scope to those con- 
 tained in the present section. The object of the present Act is to substitute 
 for such clauses the present comprehensive section, which applies to all 
 statutes and to all public duties and authorities.
 
 The Public Authorities Protection Act, 1893. 391 
 
 With reference to a clause of the kind, 1 Blackburn, J., said : " It has long 56 & 57 Vict, 
 been decided that such a provision as that contained in this section is intended c. 61. 
 
 to protect persons from the consequences of committing illegal acts, which 
 are intended to be done under the authority of an Act "f Parliament, but 
 which, by some mistake, are not justified by its terms, and cannot be defended 
 by its provisions." 2 
 
 It is well established that protection under such clauses can only be claimed 
 by persons who exceed their powers, where they have acted in the bond fide 
 belief that they were justified by law in what they did. 3 
 
 In some cases it has been laid down that such provisions apply only where 
 the defendant believes in the existence of a state of facts which, had they 
 •existed, would have been a defence. 4 In the cases in which this principle has 
 been laid down, however, the protection of the clause in question was 
 claimed for a member of the general public. On the other hand, persons 
 acting in public capacities have frequently been held entitled to the protection 
 where they have been mistaken as to the law and not as to the facts ; and in 
 a case already referred to, 5 Blackburn, J., said, " Neither in Hermann v. 
 Seneschal, nor in Roberts v. Orchard, was it decided that a defendant would 
 not be entitled to notice of action, because he had been mistaken in the 
 law." a 
 
 Provisions of the kind under discussion, have been held to apply only to 
 .actions of tort or quasi tort, and not to extend to actions for the enforcement 
 of a contract. 7 
 
 In conection with this subject reference may also be made to the cases 
 cited below. 8 
 
 Sect. 2. There shall be repealed as to the United Kingdom so much of Repeal, 
 any public general Act as enacts that in any proceeding to which this Act 
 applies — 
 
 (a.) the proceeding is to be commenced in any particular place ; or 
 
 (6.) the proceeding is to be commenced within any particular time ; or 
 
 (c.) notice of action is to be given ; or 
 
 (d.) the defendant is to be entitled to any particular kind or amount of 
 costs, or the plaintiff is to be deprived of costs in any specified 
 event; or 
 
 (e.) the defendant may plead the general issue; 
 and in particular there shall be so repealed the enactments specified in 
 the schedule to this Act to the extent in that schedule mentioned. 
 
 This repeal shall not affect any proceeding pending at the commence- 
 ment of this Act. 
 
 (1) Highway Act, 1835 (5 & 24 L. T. 736 ; 19 W. R. 931. 
 Will. IV. c. 50) s. 109, repealed by (5) Selmes v. Judge, ubi sup. 
 
 the present Act. (6) Cf. Davies v. Curling (1845), 
 
 (2) Selmes v. Judge (1871), L. R. 8 Q. B. 286 ; 15 L. J. Q. B. 56 ; 
 43 Q. B. 724, at p. 727; S. C. 19 10 Jur. 69 ; Smith v. Hopper (1847), 
 W. R. 1110; S. C. nom. Judge v. 9 Q. B. 1005; 16 L. J. Q. B. 93; 
 Selmes, 40 L. J. Q. B. 287 ; 24 L. T. 11 Jur. 302; Hardwick v. Moss 
 904. (1861), 7 H. & N. 136 ; 31 L. J. Ex. 
 
 (3) See e.g. Booth v. Clivc (1851), 205; 7 Jur. (n.s.) 804; 4 L. T. 802. 
 10 C. B. 827; 20 L. J. C. P. 151; (7) Fletcher v. Greenwcll (1835), 
 15 Jur. 563. 4 D. P. C. 166; S. C. mm. Fletcher 
 
 (4) Hermann v. Seneschal (1862), v. Greenwood, 1 Gale, 34 ; Davies v. 
 13 C. B. (n.s.) 392; 32 L. J. C. P. Swansea {Mayor, #c.) (1853), 8 Ex. 
 43; 6 L. T. 646; 11 W. R. 184; 808; 22 L. J. Ex. 297. 
 
 Roberts v. Orchard (1863), 2 H. & C. (8) Kirby v. Simpson (1854), 10 
 
 7b'9; 33 L. J. Ex. 65; S. C. nom. Ex. 358; 23 L. J. M. C. 165; 18 
 
 Orchard v. Roberts, 9 L. T. 727; Jur. 983; A /new v. Jobson (1877), 
 
 12 W. R. 253 ; Heath v. Brewer 13 Cox 0. C. 625 ; 47 L. J. M. C. 67 ; 
 
 (1864), 15 C. B. (n.s.) 803; 9 L. T. Bryson v. Russell (1884), 14 Q. B. I>. 
 
 653; Chamberlain v. King (1871), 720; 54 L. J. Q. B. 144; 52 L. T. 
 
 L. R. 6 C. P. 474 ; S. C. nom. King v. 208 ; 33 W. R. 34 ; 49 J. P. 293. 
 Chamberlain, 40 L. J. C. P. 273;
 
 39 2 
 
 Appendix I. 
 
 56 & 57 Vict. 
 c. 61. 
 
 Commencement. 
 
 Short title. 
 
 Note. Repeals. — The schedule to the Act, which comprises portions of 
 more than a hundred Acts, is too lengthy for inclusion in the present work. 
 
 Sect. 3 [Saving as to Scotland.'] 
 
 Sect. 4. This Act shall come into operation on the first day of January 
 one thousand eight hundred and ninety-four. 
 
 Sect. 5. This Act may be cited as the Public Authorities Protection 
 Act, 1893.
 
 ( 393 ) 
 
 30 & 31 Vict. 
 c. 130. 
 
 APPENDIX II. 
 
 CONTAINING 
 
 Enactments relating to the powers and duties of justices and quarter sessions 
 transferred to district councils by sect. 27 of the Local Government Act, 
 1894, arranged according to the arrangement of subjects in that section. 
 
 Licensing of Gangmasters. 
 
 THE AGRICULTURAL GANGS ACT, 1867. 
 
 30 & 31 Vict. c. 130. 
 
 An Act for the Regulation of Agricultural Gangs. [20th August, 18G7.] 
 
 Sect. 1. [Short title.'] 
 
 Sect. 2. [Commencement of Act : repealed, Statute Law Revision Act, 
 1893.] 
 
 Sect. 3. The following words and expressions shall in this Act have Definition or 
 the meanings hereby assigned to them, unless there is something in the lerms * 
 context inconsistent with such meanings; that is to say, 
 
 " Child " shall mean a child under the age of thirteen years : 
 
 "Young Person" shall mean a person of the age of thirteen years 
 and under the age of eighteen years: 
 
 " Woman " shall mean a female of the age of eighteen years or 
 upwards : 
 
 " Gangmnster " shall mean any person, whether male or female, who 
 hires children, young persons, or women with a view to their 
 being employed in agricultural labour on lands not in his own 
 occupation ; and, until the contrary is proved, any children, 
 young persons, or women employed in agricultural labour on 
 lands not in the occupation of the person who hired them shall 
 be deemed to have been hired witli the aforesaid view : 
 
 "Agricultural Gang" shall mean a body of children, young persons, 
 and women, or any of them, under the control of a gangmaster. 
 
 Sect. 4. The following regulations shall be observed by every gang- Regulations as to 
 master with respect to the employment of children, young persons, gangs. 
 
 and women : 
 
 ****** 
 
 (2.) No female shall be employed in the same agricultural gang 
 
 with males : 
 (3.) No female shall be employed in any gang under any male gang- 
 master unless a female licensed to act as gangmaster is also 
 present with that gang : 
 And any gangmaster employing any child, young person, or woman 
 in contravention of this section, and any occupier of land on which such 
 employment takes place, unless he proves that it took place without his 
 knowledge, shall respectively he liable to a penalty not exceeding 
 twenty shillings for each child, young person, or woman so employed. 
 
 Note. Repeal. — Sub-sect. (1), which provided that no child under the age 
 of eight should be employed in any agricultural gang, was repealed by the
 
 394 
 
 Appendix II 
 
 Gangmasters to 
 be licensed. 
 
 Licences not to 
 be granted to 
 keepers of public 
 houses. 
 
 Licences to 
 gangmasters. 
 
 30 & 31 Vict. Agricultural Children Act, 1873, l which raised the age to ten. That Act was 
 c. 130. repealed by the Elementary Education Act, 187G, 2 which contains general 
 
 provisions as to the employment of children. 3 
 
 Sect. 5 No person shall act as a gangmaster unless he has obtained a 
 licence to act as such under this Act. 
 
 Any person acting as a gangmaster without a licence under this Act 
 sholl incur a penalty not exceeding twenty shillings for every day during 
 which he .-o acts. 
 
 Sect. 6. No licence shall be granted to any person who is licensed to 
 sell beer, spirits, or any other excisable liquor. 
 
 Sect. 7. Licences to gangmasters shad be granted by two or more 
 justices in divisional petty sessions, on due proof to the satisfaction of 
 such justices that the applicant for a lici nee is of good character, and a 
 tit per-on to be intrusted with the management of an agricultural gang. 
 
 The justices shall annex to their licence a condition limiting, in 
 such manner as they tbink exp< dient, the distances within which the 
 children employed by such gangmasier are to be allowed to travel on 
 foot to their work, and any gai ginasier violating the condition so 
 ann xed to his licence shall tor each otfence be liable to a penalty not 
 exceeding ten shillings. 
 
 Any person aggrieved by the refusal of the justices to grant him a 
 licence to act as gangniaster may appeal to the next practicable court 
 of general or quarter sessions; and it shall be lawful for such court, 
 if they see cause, to grant a licence to the applicant, which shall 
 be of the same validity as if it had been granted by the justices in 
 petty sessions. 
 
 Sect. 8. Licences under tbis Act shall be in force for six months only, 
 and may be renewed on similar proof to that on which an original 
 licence is granted. 
 
 Sect. 9. There shall be charged in respect of each grant or renewal of 
 licence a fee of one shilling, and such fee shall be accounted for and 
 applied in manner in which the tees ordinarily received by the authority 
 granting the licence are applicable. 
 
 Sect. 10. On any conviction of a gangmaster of any offence against 
 this Act the justices who convict him shall endorse on his licence the 
 fact of such conviction; and on any conviction of such gangmaster of a 
 second offence against this Act the justices may, in addition to any 
 other penalty, withhold his licence for a period not exceeding three 
 montlis; and on any conviction of any gangmaster of a third offence 
 against, this Act the justices may. in addition to any other penalty, 
 withhold his licence for a period not exceeding two years. 
 
 And after a fourth conviction for an oftence against this Act the gang- 
 mast, r shall be disqualified from holding or receiving a licence under 
 tins Act. 
 
 Sect. 11. [Penalties under the Act recoverable, summarily.'] 
 
 Sect. 12. This Act shall not apply to Scotland or Ireland. 
 
 Renewal of 
 licences. 
 
 Fees in respect of 
 licences. 
 
 Licence how 
 affected by con- 
 viction of 
 gangmaster. 
 
 Extent of Act. 
 
 (1) 36 & 37 Vict, 
 repealed. 
 
 (2) 39 & 40 Vict. 
 
 c. 67, s. 16, now 
 
 79. 
 
 (3) lb. ss. 5, 6, 9 ; and see the Ele- 
 mentary Education Act, 1880 (43 & 
 44 Vict. c. 23) s. 4.
 
 Grant of Pawnbrokers' Certificate. 395 
 
 35 & 36 Vict, 
 c. 93. 
 
 Grant of Pawnbrokers' Certificates. 
 
 THE PAWNBROKERS ACT, 1872. 
 
 35 & 36 Vict. c. 93. 
 
 An Act for consolidating, with Amendments, the Acts relating to Pawn- 
 brokers in Great Britain. [10th August, 1872.] 
 
 ****** 
 Sect. 40. Certificates under this Act s 1 all be planted (as regards Certificates to be 
 England) in the metropolitan police district by a magistrate sitting in any granted by- 
 police court in the metropolis having jurisdiction in the district where JUBtlce8 
 the application is m;ide, and in any piace within the jurisdiction of a sti- 
 pendiary magistrate b\ that magisti ate, and in other places by the justices 
 of the petty sessional division assembled at petty sessions specially convened 
 for that purpose. 
 
 Note. Pawnbrokers' Certificates, — By sect. 37 every pawnbroker within 
 the meaning of the Act is required to take out an excise licence annually ; and 
 by sect. 39 such a licence is not to be granted, save in the c;ise of a person 
 being at the commencement of the Act a licensed pawnbroker, or of the 
 executors, administrators, assigns or successors of such a person, except on the 
 production and in pursuance of the authority of a certificate granted under 
 the Act. 
 
 Sect. 41. A certificate under this Act shall be in the form given in the Form and 
 
 Sixth Schedule to this Act, or to the like effect, and shall be in force for du ™t. ion . of 
 _ .. , , certificate, 
 
 one year trom its date. 
 
 Note. Form of Certificate. — The form for England given in the schedule 
 is as follows : — 
 
 I [or we] [here insert description of the magistrate or justices'] do hereby 
 certify that I [or we] do authorise the grant to A.B. of in 
 
 the county of of a licence to carry on the business of a pawnbroker 
 
 within the township of [or parish of or other 
 
 place as the case may be"]. 
 
 Witness my hand [or our hands] this day of , 18 . 
 
 Sect. 42. A person intending to apply for the first time for a certificate Notice of first 
 under this Act shall proceed as follows :— application. 
 
 (11) Twenty-one days at least before the application he shall give notice 
 by registered letter sent by post of his intention to one of the 
 overseers of the poor of the parish or place in which he intends to 
 carry on business, and to the superintendent of police of the 
 district, and shall in the notice set forth his name and address : 
 
 (2.) Within twenty-eight days before the application lie shall cause a 
 like notice to be affixed and maintained between icn o'clock in 
 the morning and five o'clock in the afternoon of two consecutive 
 Sundays, on the principal door or one of the doors of the ohurch 
 or chapel of the parish or place, or if there is none, then on some 
 other public and conspicuous place in the parish or place. 
 
 Sect. 43. An application for a certificate shall not be refused, except on Grounds of 
 the following grounds, or one of them : certificate 
 
 (1.) That the applicant has failed to produce satisfactory evuh nee of 
 good character ; 
 
 (2.) That the shop in which he intends to carry on the business of a 
 pawnbroker, or any adjacent house or place owned or occupied by 
 liim, is frequented by thieves or persons of bad c aractei ; 
 
 (3.) That he has not complied with the last preceding section.
 
 396 Appendix II. 
 
 35 & 36 Vict. Sect. 52. If any person thinks himself aggrieved by any conviction or 
 c. 93. order of a court of summary jurisdiction under this Act, or by the refusal 
 
 Appeal to °f a certificate for a licence, he may appeal therefrom, subject to the con- 
 
 quarter sessions, ditions and regulations following : 
 
 (1.) The appeal shall be made to some court of general or quarter 
 sessions for the county or place in which the cause of appeal has 
 arisen, held not less than fifteen days and (unless adjourned by 
 the court) not more than four months after the decision or refusal 
 appealed from : 
 
 (2.) The appellant shall within seven days after the cause of appeal has 
 arisen give notice to the other party and to the court or authority 
 appealed from of his intention to appeal and the ground thereof : 
 
 (3.) The appellant shall immediately after such notice enter into a 
 recognizance before a justice with two sufficient sureties con- 
 ditioned personally to try such appeal, and to abide the judgment 
 of the court thereon, and to pay such costs as may be awarded by 
 the court, or give such other security by deposit of money or 
 otherwise as the justice allows : 
 
 (4.) Where the appellant is in custody the justice may, if he thinks fit, 
 on the appellant entering into such recognizance or giving such 
 other security as aforesaid, release him from custody : 
 
 (5.) The court of appeal may adjourn the appeal ; and, upon the hearing 
 thereof, they may confirm, reverse, or modify the decision or 
 refusal appealed from, or remit the matter with the opinion of 
 the court of appeal thereon, or make such other order in the 
 matter as the court thinks just, and 1 may make such order as to 
 costs to be paid by either party as the court thinks just. 
 
 Note. Repeal. — '1 he present section is repealed from the words "for the 
 county " to the end of the section, except so far as relates to an appeal against 
 the refusal of a certijeate for a licence, by the Summary Jurisdiction Act, 
 1884. 1 
 
 ****** 
 
 Saving for local I Sect. 57. Nothing in this Act shall repeal or in any manner interfere 
 ActB> with the operation of any local or local and personal Act for the time being 
 
 in force in any city, town, burgh, or other place. 
 
 Licensing of Dealers in Game. 
 
 THE GAME ACT, 1831. 
 
 Note. Short title. — The use of this short title is authorized by the Short 
 Titles Act, 1892. 1 
 
 1 & 2 Will. 4, c. 32. 
 
 An Act to amend the Laivs in England relative to Game. 
 
 [5th October, 1831.] 
 
 ****** 
 What shall be Sect. 2. The word " Game " shall for all the purposes of this Act be 
 
 deemed game. deemed to include hares, pheasants, partridges, grouse, heath or moor 
 game, black game, and bustards. . . . 
 
 ****** 
 
 Justices to hold a Sect. IS. The justices of the peace of every county, riding, division, 
 yearly for grant- l 1Dertv > franchise, city, or town shall hold a special session in the division 
 
 (1) 47 & 48 Vict. c. 43, s. 4, and schedule. (2) 55 Vict. c. 10.
 
 Licensing of Dealers in Game. 397 
 
 or district for which they usually act, in every year in the month of July, * & - Will. 4, 
 for tbe purpose of granting licences to deal in game, of the holding of c. 32. 
 
 which session seven days' notice shall he given to each of the justices mg licences to 
 actiug for such division or district; and the majority of tbe justices pwsons to deal in 
 assembled at such session, or at some adjournment thereof, not being less b'amc. 
 than two, are hereby authorized (if they shall think fit) to grant, under 
 their hands, to any person being a householder or keeper of a shop or 
 stall within such division or district, and not being an innkeeper or 
 victualler, or licensed to sell beer by retail, nor being the owner, guard, or 
 driver of any mail coach, or other vehicle employed in the conveyance of 
 the mails of letters, or of any stage coach, stage waggon, van, or other 
 public conveyance, nor being a carrier or higgler, nor being in the em- 
 ployment of any of the above-mentioned persons, a licence according to 
 the form in the schedule (A..) annexed to this Act, empowering the person 
 to whom such licence shall be so granted to buy game at any place from 
 any person who may lawfully sell game by virtue of this Act, and also to 
 sell the same at one house, shop, or stall only, kept by him ; provided that 
 every person, while so licensed to deal in game as aforesaid, shall affix to Dealers in game 
 some part of the outside of the front of his house, shop, or stall, and shall *£ ££' U P a 
 there keep, a board having thereon in clear and legible characters his 
 Christian name and surname, together with the following words, (that is 
 to say,) " Licensed to deal in Game ; " and every such licence granted in 
 any year shall continue in force for the period of one year next after the 
 granting thereof. 
 
 Mote. Date for granting Licences.— By an Act of 1839 1 the justices were 
 enabled to hold special sessions for the purpose of granting licences to deal in 
 game at any time in the manner directed by the Game Act, 1831, and under 
 and subject to the provisions and regulations thereof " provided always, that 
 of the holding of any such special session seven days' notice shall be given to 
 each of the justices "acting for the division or district in which such session is 
 intended to be held ; provided also, that every licence to deal in game, at 
 whatever time the same hath been or shall be granted, shall continue in force 
 from the granting thereof until the first day of July then next following, and 
 no longer." 
 
 The Game Licences Act, I860, 2 provides that all the clauses and provisions 
 of the Game Act, 1831, and the above-mentioned Act of 1839, " relating to the 
 granting of licences by justices of the peace to deal in game, and to the holding 
 of special sessions .... for the purpose of granting such licences . . . . 
 shall, so far as the same are consistent with the express provisions of this Act, 
 and as the same are altered or amended by this Act, extend to and be of full 
 force and effect in and throughout the whole of the United Kingdom, and 
 shall be observed, applied, and enforced as if the same, so altered or amended 
 and made consistent with .the express provisions of this Act, had been herein 
 repeated and specially enacted." 
 
 The Act of 1839 was repealed by the Revenue Act, 1869 ; 3 but it would 
 ■seem that the provisions it contained as to the grant of game dealers' licences 
 remain in force by virtue of the above-quoted provisions of the Game Licences 
 Act, 1860. 
 
 ****** 
 
 Sect. 21. Provided always, that persons being in partnership, and p ^°^° s as to 
 carrying on their business at one house, shop, or stall only, shall not par 
 be obliged by virtue of this Act to take out more than one licence in any 
 one year to authorise them to deal in game at such house, shop, or stall. 
 ***** 
 
 (1) 2 & 3 Vict. c. 35, s. 4, now (2) 23 & 24 Vict. c. 90, s. 13. 
 
 repealed. (3) 32 & 33 Vict. c. 14.
 
 1 & 2 Will. 4, 
 c. 32. 
 
 398 Appendix II. 
 
 SCHEDULE (A.). 
 
 Form of Licence. 
 
 At a Special Session of the Justices of the Peace of the County of 
 [or riding, $c, as the case mat/ be'], acting for the division of [or otherwise, as 
 the case may be~] in the said county, holden at in the said 
 
 on the day of in the year . We 
 
 being Justices acting for the said 
 
 assembled at the said special session, do hereby authorise and empower A.B. 
 of [here insert the name, description, and place of residence, 
 
 and if more than one in partnership, say CD. of, fyc. and E.F. of, §c. being 
 partners,] being a householder [or householders], [or keeper (or keepeis) of a 
 shop or stall, as the case may 6c], to buy game from any person authorised to 
 sell game by virtue of an Act passed in the second year of the reign of King 
 William the Fourth, intituled " An Act to amend the laws in England relative 
 to game ; " and we do also authorise and empower the said A.B. [or CD. and 
 E.F. being partners] to sell at his [or their] house [shop or stall] any game 
 so bought, provided that the said A.B. [or CD. and E.F. being partners] shall 
 affix to some part of the outside of the front of his [or their] house [shop or 
 stall], and shall there keep, a board having thereon in clear and legible 
 characters his Christian name and surname, [o> their Christian names and 
 surnames,] together with the following words, " Licensed to deal in Game." 
 This licence will expire on 
 
 (Signed) , Justice of the Peace. 
 
 , Justice of the Peace. 
 
 Licensing of Passage Brokers and Emigrant Kunners. 
 
 THE PASSENGERS ACT, 1855. 
 
 18 & 19 Vict. c. 119. 
 
 An Act to amend the law relating to the carriage of passengers by sea. 
 
 [14th August, 1855. 
 
 Sect. 3. For the purposes of this Act, the following words and ex- 
 pressions, whenever they occur, shall respectively have the following 
 signification^, if not inconsistent with the context or subject matter; 
 (that is to say,) .... "Emigrant Runner" shall signify every person 
 other than a licensed passage broker or his bond fide salaried clerk, who 
 within any port or place of shipping, or within five miles of the outer 
 boundaries thereof, for hire or reward, or the expectation thereof, shall 
 directly or indirectly conduct, solicit, influence, or recommend any 
 intending emigrant to or on behalf of any passage broker, owner, 
 charterer, or master of a ship, lodging house or tavern or shop keeper, 
 money changer, or other dealer or chapman, for any purpose connected 
 with the preparations or arrangements for a passage, or shall give or 
 pretend to give to such intending emigrant any information or assistance 
 iu any way relating to emigration. 
 
 ****** 
 
 No person to act Sect. 66. No person whatever shall directly or indirectly act as a 
 
 hrleT^fb passage broker in respect of passages from the United Kingdom to 
 
 licence. ' * anv place out of Europe, and not being within the Mediterranean Sea. 
 
 or shall sell or let, or agree to sell or let, or be in anywise concerned 
 
 in the sale or letting of passages in any ship, whether a " passenger 
 
 ship" or otherwise, proceeding from the United Kingdom to any such
 
 Licensing of Passage Brokers and Emigrant Runners. 399 
 
 place as aforesaid, unless such person, with two good and sufficient 18 & 19 Vici. 
 
 sureties to be approved by the emigration officer at the port nearest to the c. 119. 
 
 placo of business of such perso n, shall have previously entered into a 
 
 joint and several bond in the sum of one thousand pounds to Her Majesty, 
 
 according to the form contained in Schedule (D.) hereto annexed, which 
 
 bond shall be renewed on each occasion of obtaining such licence as 
 
 herein-after mentioned, and shall be in duplicate, without stamps, and 
 
 one part thereof shall be deposited at the office of the said Emigration 
 
 Commissioners [now the Board of Trade] and the other part thereof 
 
 with the emig ration officer at the port nearest to the place of business of 
 
 such person; n r unless such person shall have obtained a licence, as 
 
 herein-after mentioned, to let or sell passages, nor unless such licence 
 
 shall then be in force ; and if any p> r on shall offend in any particular 
 
 against this enactment, every person so offending shall for each offence 
 
 be liable to a penalty not exceeding fifty pounds nor less than twenty 
 
 pounds, to be sued for and recovered as herein-after mentioned : Provided 
 
 that such bond shall not be required of any person who shall be one of 
 
 the sworn brokers of the city of London : Provided also, that there shall Kmi ?™ tion co . m " 
 
 be excepted from the operation of this section the said Emigration g^ entB f passage 
 
 Commissioners [now the Board of Trade] and any persons contracting brokers exempt-.' 
 
 with them, or acting under their authority, and also any person acting as from this section. 
 
 the atrent of any passage broker in pursuance of an appointment made in 
 
 the form prescribed by Schedule (I.) hereto annexed, signed by such 
 
 passage broker, and countersigned by such emigration officer as aforesaid : 
 
 Provided further, that the Acts and defaults of any person acting under Passagejwokera 
 
 the authority or as agent of any passage broker shall, for the purposes J° r t e U e^ agents. 6 
 
 of this Act, be deemed to be also the acts and defaults of such passage 
 
 broker : Provided also, that nothing herein-before contained shall be 
 
 held or construed to prevent the said emigration officer from accepting 
 
 the bond of a guarantee society, such bond and such guarantee society 
 
 [mo.] as shall have been approved by the Treasury, in lieu of the bond 
 
 of two good and sufficient securities as aforesaid. 
 
 Sect. 67 Any person wishing to obtain a licence to act as a passage How passage 
 broker in respect of passages from the United Kingdom to any place ^ oke ^' obtained 
 out of Europe, and not being in the Mediterranean Sea, shall make may 
 application for the same to the justices at the petty sessions held for 
 the district or place in which such person shall have his place of 
 business; and such justices are hereby authorized (if they shall think 
 fit) to grant a licence for that purpose, according to the form in the 
 Schedule (E.) hereunto annexed, which licence shall continue in force 
 until the thirty-first day of December in the year in which such licence J ™^ e A to ,$ ve . 
 shall be granted, and for thirty-one days afterwards, unless sooner tfcn'ajmmis-^*' 
 forfeited, as herein mentioned; and upon granting such licence the sionera of licence 
 justices shall cause a notice thereof according to the form in Schedule granted. 
 (F.) hereto annexed to be transmitted forthwith by the post to the 
 said Emigration Commissioners [now the Board of Trade]: Provided 
 always, that no such licence shall be granted unless the party applying 
 for the same shall show to the satisfaction of the justices that he Lias ^^emicra- 
 given such bond to Her Majesty, as herein-before required, and has ^"coiini'ii-- " 
 deposited one part thereof at the office of the said Commissioners [now the sinners of to- 
 Botrd of Trade], or is a sworn broker of the city of London, and has in tended applica- 
 either case given notice to the said Commissioners [now the Board f tlon for llcences - 
 Trade] fourteen clear days at least before such application of his 
 intention to apply for the same, which notice shall be transmitted by the 
 post to the office of the said Commissioners [now the Board ol Trade], 
 and shall be according to the form contained in the Schedule (G.) 
 hereto annexed : Provided also, that any justices of the peace who shall fS^Sa£S» 
 adjudicate on any offence against this Act, or on any breoch or non- to be forfeitrt | 
 performance of any of the requiiements thereof, are hereby authorized, if who snail give 
 they shall think fit, and the offender is a passage broker, to order his notice of the 
 licence to be forfeited, and the same shall thereupon be fcorli ited ^ rowm!'-™" 
 accordingly; and the said justices making such order shall forthwith sioners. 
 cause notice of such forfeiture, in the form contained in the Schedule (H.)
 
 4oo 
 
 Appendix II. 
 
 IS & 19 Vict, hereunto nnnexed, to be transmitted by the post to the said commissioners 
 c. 119. [now the Board of Trade] .... 
 
 Note. Omitted part of section. — The omitted portion of the section 
 relates to Scotland. 
 
 1'enalty on 
 persons acting as 
 runners without 
 licence and 
 badge, and on 
 passage brokers 
 • •ruploying them. 
 
 Mode of licensing 
 and registering 
 
 Emigrant 
 runner's licence 
 to be renewed 
 annually. 
 
 Sect. 75. Any person who shall act as an " Emigrant Runner " without 
 having previously been licensed and registered as herein-after mentioned, 
 or who while so acting shall omit to wear conspicuously on his breast 
 such badge as herein-after mentioned, or who shall employ as an 
 "Emigrant Runner" any person not duly licensed and registered, shall 
 for each offence he liable to a penalty not exceeding five pounds nor less 
 than twenty shillings. 
 
 Sect. 76. The justices of the peace at any petty sessions held for the 
 district or place within which any person wishing to act as an " Emigrant 
 Runner" is to carry on his business may upon the recommendation in 
 writing of an emigration officer or of the chief constable or other head 
 officer of police of such district or place (but not otherwise) grant, if they 
 shall think fit, to such person wishing to act as runner a licence for that 
 purpose according to the form in Schedule (M.) hereto annexed, and such 
 runner shall within forty-eight hours thereafter (under a penalty not exceed- 
 ing forty shillings for any default) lodge such licence with the nearest 
 emigration officer, who shall register the name and abode of such runner in a 
 book to be kept for that purpose, and shall number each name registered in 
 arithmetical progression, and shall supply to such runner, on his paying 
 a sum not exceeding seveu shillings for the same, a badge of such form 
 and description as shall be approved by the said Emigration Commissioners 
 [now the Board of Trade]. 
 
 Sect. 77. Every such "emigrant runner's" licence shall continue 
 in force until the thirty-first day of December in the year in which it 
 shall be granted, unless sooner revoked by any justice of the peace 
 for any offence against this Act or for siny other misconduct committed 
 by the holder of such licence. In case of any renewed licence it shall be 
 sufficient for the emigration officer to note the fact, and the date of the 
 renewal, in his registry book against the original entry therein of the 
 name of the runner holding such renewed licence. 
 
 SCHEDULE (D.) 
 
 full, with occu- 
 pations and 
 address of each 
 of the parties. 
 
 Form of Passage Broker's Annual Bond, with Two Sureties, 
 
 to be approved by the emigration officer 
 
 at the Nearest Port. 
 
 Insert Christian Know all men by these presents, that we, A.B.* of CD. 
 
 and surnames in f, $c. and E.F. of, $C. are held and firmly 
 
 bound unto our Sovereign by the Grace of God of the United 
 
 Kingdom of Great Britain and Ireland Defender of the Faith, in 
 
 the sum of one thousand pounds of good and lawful money of Great Britain, to 
 be paid to our said the heirs and successors ; to 
 
 which payment well and truly to be made we bind ourselves and every of us, 
 jointly and severally, for and in the whole, our heirs, executors, and adminis- 
 trators, and every of them, firmly by these presents. Sealed with our seals 
 Dated this day of one thousand eight hundred and fifty 
 
 Whereas by the Passengers Act, 1855, it is amongst other things enacted, 
 that no person whatever, save as therein excepted, shall directly or indirectly 
 act as a passage broker in respect of passages from the United Kingdom to any 
 place out of Europe, and not being within the Mediterranean Sea, or shall sell 
 or let, or agree to sell or let, or be in any wise »oncerned in the sale or letting
 
 Licensing of Passage Brokers and Emigrant Runners. 401 
 
 of passages in any ship, whether a " passenger ship" or otherwise, proceeding 18 & 19 \ ict. 
 from the United Kingdom to any such place as aforesaid, unless such person, <-•. 119. 
 
 with two good and sufficient sureties, to be approved by the Emigration 
 Officer at the port nearest the place of business of such person, shall have 
 previously entered into a joint and several bond to Her Majesty, her heirs 
 and successors, in the sum of one thousand pounds: And whereas the said 
 CD. and E.F. have been duly approved by the proper Emigration Officer as 
 sureties for the said A.B. : 
 
 Now the condition of this obligation is such, that if the above-bounden A.B., 
 and every agent whom he may employ in his business of a passage broker, shall 
 well and truly observe and comply with all the requirements of the said recited 
 Act, so far as, the same relate to passage brokers, and further shall well and 
 trulv pay all fines, forfeitures, and penalties, and also all sums of money, by 
 way of subsistence money, or of return of passage money and compensation, to 
 any passenger, or on his account, together with all costs which the abovc- 
 bounden A.B., or any of his agents as aforesaid, may at any time be adjudged 
 to pay under or by virtue of any of the provisions of the said recited Act, 
 then and in such case this obligation to be void, otherwise to remain in full 
 force. 
 
 Signed, sealed, and delivered by the above-bounden A.B., CD., and E.F., in 
 the presence of* * Insert the 
 
 names and 
 
 N.B.— This bond is to be executed in duplicate, in the presence of and to be ^ttewUnessesl 
 attested by an emigration officer or his assistant, or an officer of customs, or a 
 magistrate, or a notary public. One part is to be deposited with the Emigra- 
 tion Commissioners [now the Board of Trade] in London, and the other part 
 with the emigration officer at the port nearest to the place of business of the 
 broker. Each member of a firm or partnership who acts as a passage broker 
 must give a separate bond with two sureties. 
 
 [The bond is exempt from stamp duty, but must be renewed annually 
 with the licence.] 
 
 SCHEDULE (E). 
 
 Form of Passage Broker's Licence.* 
 
 A.B.\ of in the having shown to the satis- -f-Tbe Christian 
 
 taction of me [or us] the undersigned, that he hath given bond to and surnames in 
 
 Majesty, as by the Passengers Act, 1855, required, and also given fourteen ^Siessiuidttade 
 
 days' previous notice to the Emigration Commissioners [now the Board of ,, r occupation of 
 
 Trade] of his intention to make application for a licence to carry on the the party apply- 
 
 business of a passage broker in respect of passages from the United Kingdom jngforthe 
 
 , l = „ , * , , . r .p, • ,, -», j.. J 1 licence, must be 
 
 to any place out ot Europe, and not being within the Mediterranean sea, 1 torre ctlj' in- 
 
 [or we], the undersigned, having had no sufficient cause shown to me [or us], serted. If a 
 
 and seeing no valid reason why the said A.B. should not receive such licence, member of a 
 
 do hereby licence and authorise the said A.B. to carry on the business of a ^* a nd^ 
 
 passage broker as aforesaid until the end of the present year, and thirty-one names of all the 
 
 days afterwards, unless this licence shall be sooner determined by forfeiture members must 
 
 for misconduct on the part of the said A.B. as in the Passengers Act, 1855, is be S lven - 
 
 provided. 
 
 Given under my hand and seal [or our respective hands and seals], this 
 
 day of 185 at 
 
 1 Justices of the peace, police, 
 or stipendiary magistrate, 
 or sheriff, or steward, or 
 sheriff or steward substi- 
 tute, as the case may be. 
 
 * N.B.— Each member of a firm or partnership who acts as a passage broker 
 must have a separate licence. 
 
 2 D
 
 402 
 
 Appendix II. 
 
 18 & 19 Vict, 
 c. 119. 
 
 SCHEDULE (F). 
 
 * Insert the 
 Christian and 
 surnames in fnll, 
 with the address 
 and occupation ., 
 of the party. 
 
 Form of Notice to be given to the Emigration Commissioners 
 [now the Board of Trade] by Justices granting a Licence. 
 
 Gentlemen, 
 
 This is to give you notice that we [or I], the undersigned, did on the 
 day of 185 license A. B. of* to carry on the 
 
 business of a passage broker under the provisions of the Passengers Act, 1855. 
 
 Signatures ("Justices of the Peace, or as 
 
 \ the case may be. 
 
 Place - 
 
 Date- 
 
 To the Emigration Commissioners 
 [now the Board of Trade] 
 London. 
 
 SCHEDULE (M). 
 
 * The Chris- 
 tian and sur- 
 names in full, 
 « ith the address 
 of the party ap- 
 plying for the 
 licence, must lie 
 here correctly 
 inserted. 
 
 f City, town, or 
 district in which 
 the emigrant 
 runner is to carry 
 on his business. 
 
 Form of Emigrant Runner's Annual Licence. 
 
 A.B.* of in the having made 
 
 application in writing to us, the undersigned Justices of the Peace assembled 
 in petty sessions, for the f of to grant to 
 
 him a licence to enable him to be registered as an emigrant runner in and 
 for f , and the said A. It. having also been recommended as 
 
 a proper person to receive such licence by an emigration officer, or by the 
 chief constable [or other Head Officer of Police, as the case may he~\ of 
 
 [the district, town, or place, in which the said A. B. is to carry on 
 his business"]: We, the under-mentioned justices, having no sufficient cause 
 shown to us, and seeing of ourselves no valid reason why the said A.B. should 
 not receive such licence, do hereby grant to him this licence for the purposes 
 aforesaid, subject nevertheless to be revoked for misconduct on the part of the 
 said A.B., as in the Passengers Act, 1855, is provided. 
 
 Title. 
 Definition of 
 
 Secretary of State 
 may, on repre- 
 sentation of 
 magistrates, 
 with consent 
 of owner, order 
 fair to be 
 abolished 
 
 Abolition of Fairs, and Alteration of Days for Holding Fairs. 
 
 THE FAIRS ACT, 1871. 
 
 34 Vict. c. 12. 
 
 An Art to further amend the Law relating to Fairs in England and 
 Wales. [25th May 1871. 
 
 Sect. 1. This Act may be cited as " The Fairs Acl, 1871." 
 Sect. 2. In this Act the term " owner " means any person or persons, or 
 body of commissioners, or body corporate, entitled to hold any fair, whether 
 in respect of the ownership of any lands or tenements, or under any charter, 
 letters patent, or Act of Parliament, or otherwise howsoever. 
 
 Sect. 3. In case it shall appear to the Secretary of State for the Home 
 Department, upon representation duly made to him by the magistrates of 
 any petty sessional district within which any fair is held, or by the owner 
 of any fair in England or Wales, that it would be for the convenience and 
 advantage of the public that any such fair shall be abolished, it shall be 
 lawful for the said Secretary of State for the Home Department, with the
 
 Abolition, &»c, of Fairs. 403 
 
 previous consent in writing of the owner for the time being of such fair, or 34 Vict. c. 12. 
 of the tolls or dues payable in respect thereof, to order that such fair shall 
 be abolished accordingly: Provided always, that notice of such repre- Notice of repre- 
 sentation, and of the time when it shall please the Secretary of State for s-nttition to be 
 the Home Department to take the same into consideration, shall be {^''vspaper" 
 published once in the Loudon Gazette, and in three successive weeks in 
 some out; and the same newspaper published in the county, city, or 
 borough in which such fair is held, or if there be no newspaper published 
 therein, then in the newspaper of some county adjoining or near thereto, 
 before sucli representation is so considered. 
 
 Sect. 4. When and so soon as any such order as aforesaid shall have been Order of Secre- 
 made by the Secretary of State for the Home Department, notice of the tar y < ? 1 f?*j '" 
 making of the same shall be published in the London Gazette, and in newspaper. '" 
 some one newspaper of the county, city, or borough in which such fair is 
 usually held, or if there be no newspaper published therein, then in the 
 newspaper of some county adjoining or near thereto, and thereupon sucli 
 fair shall be abolished. 
 
 THE FAIRS ACT, 1873. 
 36 & 37 Vict. 0. 37. 
 
 An Act to amend the Law relating to Fairs in England and Wales. 
 
 [7th July, 1873. 
 
 Sects. 1, 2. [Short title : Act not to extend to Scotland or Ireland.'] 
 
 Sect. 3. In this Act the term "owner" means any person or persons, or Definition of 
 body of commissioners or body corporate, entitled to hold any fair, whether terms. 
 in respect of the ownership of am lands or tenements, or under any charter, 
 letters patent, or otherwise howsoever. 
 
 Sects. 4,5. [Commencement of Act: Repeal of the Fairs Act, 1868 — 
 repealed, Statute Law Revision Act, 1883, and Statute Law Revision (No. 2) 
 Act, 1893.] 
 
 Sect. 6. In case it shall appear to a secretary of state, upon representation Power to Secrc- 
  
 or to a penalty not exceeding five pounds, as a court of summary juris- 
 diction may award, and shall in addition be liable to have his name and 
 house struck oft* the register. 
 
 Sect. 10. All expenses incurred in and about the execution of this Act Payment of ex- 
 shall le defrayed out of the local rate. locafrate* 
 
 Sect. 11. Any offence under this Act may be prosecuted before a court 
 of summary jurisdiction in manner provided by the Summary Jurisdiction be prosecuted. 
 Acts : Provided as follows : 
 
 ****** 
 
 The court of summary jurisdiction, when hearing, trying, determining, 
 and adjudging an information or complaint in respect of any oft'enee 
 or matter arising under this Act, shall be constituted either of two or 
 more justices of the peace in petty sessions, or of some magistrate or 
 officer sitting alone or with others at some court or other place 
 appointed for the administration of justice, and for the time being 
 empowered by law to do alone any act authorized to be done by more 
 than one justice of the peace. 
 
 Note. Repeal. — The omitted portion of the present section was repealed 
 by the Summary Jurisdiction Act, 1884. 1 
 
 Sect. 12. Any moneys arising from fees or fines under this Act shall be Application of 
 paid to the account of the local rate, and be applied to the purposes to £o"„ e j 9 U nde r 
 which that rate is applicable. the Act. 
 
 (1) 47 & 48 Vict. c. 43, s. 4, and schedule.
 
 406 
 
 Appendix II. 
 
 35 & 3fi Vict. Sect. 13. The provisions of this Act shall not extend to the relatives or 
 c. 38. guardians of any infant retained or received as aforesaid, nor to institutions 
 
 Exceptions from established for the protection or care of infants, nor to any person receiving 
 provisions of any infant for the purpose of nursing or maintaining such infant under 
 Act - the provisions of any Act for the relief of the poor. 
 
 Sect. 14. [Application of Act to Scotland.'] 
 
 Sect. 15. [Commencement of Act : repealed, Statute Laic Revision 
 (No. 2) Act, 1893.J 
 
 Sect. 16. [Short Title.} 
 
 THE FIRST SCHEDULE REFERRED TO IN THE FOREGOING ACT. 
 
 England. 
 
 District. 
 
 Local Jurisdiction. Local Authority. 
 
 Counties, except The county rate 
 
 the metropolis or rate in the 
 
 and city of Lon- nature of a 
 
 don. countv rate. 
 
 The metropolis. 
 
 City of London and 
 the liberties 
 thereof. 
 
 Boroughs. 
 
 Rate or fund ap- 
 plicable to the 
 payment of the 
 general ex- 
 penses of the 
 hoard. 
 
 Consolidated 
 sewers rate. 
 
 The borough 
 fund or 
 
 borough rate. 
 
 Petty sessional 
 division. 
 
 Area of the me- 
 tropolis. 
 
 Area of the city 
 of London and 
 the liberties 
 thereof. 
 
 Area of borough. 
 
 Justices in petty 
 sessions. 
 
 The Metropoli- 
 tan Board of 
 Works. 
 
 jommon coun 
 
 cil. 
 
 Council. 
 
 "County" shall not include a county of a city or county of a town, but 
 shall include any riding, division, parts, or liberty of a county having a 
 separate commission of the peace. 
 
 Where a county or liberty of a county having a separate commission of the 
 peace is not divided into petty sessional divisions, such county or liberty of a 
 county shall itself for the purposes of this Act be deemed to be a petty sessional 
 division of the county by which it is constituted or in which it is geographically 
 situate. 
 
 "The metropolis" shall include all parishes and places in which the Metro- 
 politan Board of Works have power to levy a main drainage rate, exclusive ot 
 the city of London and the liberties thereof. 
 
 " Borough " shall mean any place for the time being subject to an Act 
 passed in the session holden in the fifth and sixth years of the reign of King 
 William the Fourth, chapter seventy-six, intituled ''An Act made to provide 
 for the Regulation of Municipal Corporations in England and Wales," and 
 having a separate court of quarter sessions. 
 
 Every place that is not, according to the foregoing definitions, a borough, a 
 county, or part of the metropolis, or city of London, or the liberties thereof, 
 shall be deemed to form part of the county, as hereinbefore defined, to the
 
 Licensing of Knackers' Yards. 
 
 407 
 
 county rate of which it is assessed, or, if not so assessed, of the county within 35 & 30 Vict 
 which it is situate. C. 3S. 
 
 ****** 
 
 Note. Omitted part of Schedule. — The omitted part of the schedule 
 relates to Scotland aud Ireland. 
 
 THE SECOND SCHEDULE REFERRED TO IN THE FOREGOING ACT. 
 
 Register of Infants. 
 
 Date at 
 
 which 
 
 received. 
 
 Name. 
 
 Sex. 
 
 Age. 
 
 Name and Address 
 of Person from 
 whom received. 
 
 Date at Name and Address 
 which 1 (il Person by 
 removed. whom removed. 
 
 Licensing of Knackers' Yards. 
 
 THE KNACKEKS ACT, 1786. 
 
 Note. Short Title. — This short title is authorized by the Short Title 
 Act, 1892. 1 
 
 26 Geo. 3, c. 71. 
 
 An Act for regulating houses and other places kept for the purpose of 
 slaughtering horses. 
 
 "Whereas the practice of stealing horses, cows, and other cattle hath of Preamble 
 
 late years increased to an alarming degree, and hath heen greatly 
 
 facilitated by certain persons of low condition who keep houses or places 
 
 for the purpose of slaughtering horses and other cattle : for remedy 
 
 whereof, be it enacted by the King's most Excellent Majesty, by and 
 
 with the advice and consent of the lords spiritual ami temporal, and 
 
 commons, in this present parliament assembled, and by the authority of 
 
 the same, that from and after the twentieth day ot July in the year of our From July 20, 
 
 Lord one thousand seven hundred and eighty-six, no person or persons 1786, every 
 
 shall keep or use any house or place for the purpose of slaughtering or ^"j^Sng- 
 
 killing any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, couse t0 tlke out 
 
 heiler, calf, sheep, hog, goat, or other cattle, which shall not be killed for a license, &c. 
 
 butcher's meat, without first taking out a licence for that purpose at the 
 
 general quarter sessions held for the comity, riding, city, town, district, 
 
 division, or liberty wherein such slaughtering house or place shall be situate ; 
 
 and the justices of the peace, at their general quarter sessions assembled, 
 
 are hereby authorized and empowered to grant such licences as aforesaid, 
 
 upon a certificate under the hands and seals of the minister and church 
 
 (1) 55 Vict. c. 10.
 
 408 
 
 Appendix II. 
 
 26 Geo. 3, 
 c. 71. 
 
 Justices to grant 
 licences, which 
 are to be en- 
 tered, &c. 
 
 Persons licensed 
 to affix to their 
 houses the words 
 herein men- 
 tioned. 
 
 wardens, or overseers, or of the minister and tsvo or more substantial 
 householders of the parish wherein the person or persons applying for 
 such licence shall dwell, that such person or persons is or are fit and 
 proper to be trusted with the management and carrying on such business 
 as aforesaid : provided always, that in case of the death of any person to 
 whom such licence as aforesaid shall be granted, it shall and may be 
 lawful for the widow or personal representative of such person so dying to 
 carry on the said business until the then next ensuing general quarter 
 sessions of the peace. 
 
 Note. Duration of Licence. — By an Act of 1S44, 1 it is provided that a 
 licence under the Knackers Act, 1786, "shall be granted, and shall continue 
 in force, for a period not exceeding one year from the date at which the same. 
 was granted, determinable as hereinafter provided : Provided nevertheless, that 
 in the case of the renewal of any such licence to any person to whom any such 
 licence may have been previously granted ... it shall not be necessary for 
 such person to obtain or produce to the justices ... a certificate under the 
 hands and seals of the ministers, churchwardens, overseers, or householders, as 
 required by " The Knackers Act, 1786. 
 
 Cancelling of Licence. — The Act of 1844, 2 further provides that it shall be 
 lawful for the quarter sessions "upon application and complaint made to 
 them in writing by any person, and upon due proof being made to them that 
 the party so complaining had given fourteen days' previous notice in writing 
 thereof to the clerk of the peace . . . and also to the party complained 
 against, and upon due proof to their satisfaction that any person so licensed 
 as aforesaid has been guilty of any breach or violation " of The Knackers 
 Act, 1786, or of a certain Act of 1835, 3 "or of this Act ... to cancel and 
 wholly put an end to any and every licence which may have been granted to 
 the person or persons so complained against." 
 
 The Act of 1835 was repealed by the Cruelty to Animals Act, 1819.* 
 
 Repeal. — The present Act and the amending Act of 1881 were repealed as 
 regards London by the Public Health (London) Act, 189 1. 5 
 
 Sect. 2. And every such licence shall be signed by the justices of the 
 peace assembled at such general quarter sessions, or by the major part 
 of them ; and a copy of every such licence shall be entered in a book to 
 be kept for that purpose by the clerk of the peace of the county wherein 
 the same shall be so granted as aforesaid ; and all and every person and 
 persons shall have liberty at all times (Sundays excepted), between the 
 hours of ten and twelve of the clock in the forenoon, to search the office 
 of such clerk of the peace wherein any such copy shall be entered or 
 kept, and to make an extract or extracts from the same, paying for every 
 such search the sum of sixpence ; and all and every pi rson and persons 
 so licensed as afoiesaid shall cause to be painted or affixed over the door 
 or gate of the house or place where lie, she, or they shall carry on the 
 said business, in large legible characters, his, her, and their name and 
 names with the woids licensed for slaughtering horses, pursuant to an 
 Act passed in the twenty-sixth year of his Majesty King George the 
 third. 
 
 Note. Penalty. — The Cruelty to Animals Act, 1849, 6 provides that 
 persons failing to comply with the present section as regards causing their 
 names to be painted or affixed, &c, shall be subject to a penalty. 
 
 (1) 7 & 8 Vict. c. 87, s. 1. 
 
 (2) Lb. s 2. 
 
 (3) 5 & 6 Will. IV. c. 59, now 
 repealed. 
 
 (4) 12 & 13 Vict. c. 92.' 
 
 (5) 54 & 55 Vict. c. 76, s. 142. 
 (Jo) 12 & 13 Vict. c. 92, s. 7.
 
 ( 4°9 ) 
 
 APPENDIX III. 
 
 CIRCULARS OF THE LOCAL GOVERNMENT BOARD. 
 
 Circular Letter to Guardians and Urban Sanitary Authorities other than 
 Town Councils as to the Local Government Act, 1894. 
 
 L5th March, 1804.] 
 Sib, 
 
 I am directed by the Local Government Board to draw attention 
 to the provisions of the Local Government Act, 1894, which has this day 
 received the Royal Assent, in so far as they affect the election of guardians 
 and members of urban sanitary authorities during the present year. 
 
 Under the Act, urban and rural district councils will take the place of 
 urban and rural sanitary authorities, and parishes in any rural district will 
 be represented on the board of guardians by the persons elected as rural 
 district councillors, guardians as such being only elected in parishes in 
 urban districts. 
 
 The first elections under the Act of guardians and district councillors 
 will be held on the 8th November next or on such later date or dates in 
 the year 1894 as the Board may fix, and 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 rules made by the Board in relation to their election. 
 
 Upon the day on which the first guardians and urban or rural district 
 councillors elected under the Act come into office, the persons who are 
 then members of boards of guardians or urban or rural sanitary authorities 
 will cease to hold office ; but until that day the persons who at the passing 
 of the Act were guardians or members of urban sanitary authorities for 
 districts other than boroughs will continue in office notwithstanding any 
 want of qualification, as if the term of office for which they were elected 
 expired on that day, and except for the purpose of filling casual vacancies, 
 or of electing additional guardians, where the number is increased, no 
 further elections will be held. 
 
 Hence, the guardians and members of urban sanitary authorities who 
 would have gone out of office in April next but for the passing of the Act, 
 will continue in office until November and wdl then retire, and the elections 
 which would otherwise have been held in April will not take place. No 
 further steps, therefore, should be taken with a view to any such election. 
 
 I am, Sir, your obedient Servart, 
 
 Hugh Owen, Secretary. 
 The Clerk to the Guardians or 
 Urban Sanitary Authority.
 
 4i o Appendix III. 
 
 Circular Letter to Highway Boards in England and North Wales 
 as to the Local Government Act, 1894. 
 
 [9lh March, 1894.] 
 
 Sir, 
 
 J am directed by the Local Government Board to draw the atten- 
 tion of the Highway Board to certain provisions of the Loctd Government 
 Act, 1894. 
 
 District councils will under the Act be elected for rural districts, and 
 will take the place of the present rural sanitary authorities. 
 
 Section 25 of the Act provides that there shall be transferred to the 
 district council of every rural district all the powers, duties, and liabilities 
 of any highway authority in the district, that highway boards shall cease 
 to exist, and that rural district councils shall be the successors of the 
 highway authority. It is, however, enacted that the council of any county 
 may by order postpone within their count}', or any part thereof, the opera- 
 tion of this section, so far as it relates to highways, for a term not exceeding 
 three years, or such further period as may. on the application of the county 
 council, be allowed by the Board. The effect of this piovi.-ion will be that 
 the Highway Board will cease to exist on the ilay on whicli the first rural 
 district councillors come into office, and the rural district council will 
 thereupon become the highway authority, unless the county council post- 
 pone the operation of the section within their county or the part thereof 
 comprising the district of the Highway Board. 
 
 Section 84 provides that the first elections of district councillors under 
 the Act shall be held on the 8th November next, or (in such later date or 
 dates in the present year as the Board may fix, and that the persons elected 
 shall come into office on the second Thursday 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 by the Board under the Act in relation to 
 the election of those councillors. 
 
 By section 79, persons who, at the passing of the Act, are members of 
 highway hoards are continued in office until the day on which the first 
 rural district councillors elected under the Act come into office, as if the 
 term of office for which they were elected expired on that day. and conse- 
 quently toe usual annual election of waywardens will not take place in 
 the present year. 
 
 An order under section 25 is, by section 84, to make such provision as 
 may be necessary for holding elections of highway boards in the interval 
 during which the operation of section 25 is postponed. This provision 
 will enable the county council to . 
 If at the passing of the Act, a parish is partly within and partly without 
 a rural sanitary district, that is to say, is partly in such a districl and 
 partly in an urban district, and no action is taken by the county couucil 
 prior to the appointed day, the parish will as from that date b i divided 
 by the Act, the part within the rural district and the part without being 
 constituted separate parishes by sub-section (3) of section 1. 
 
 Where the part outside the rural district is comprised in m ire than 
 one urban district, the provisions of sub-section (2) of section 3l> referred 
 to below will apply to it. 
 
 If the rural part of the parish is deemed too small to form a separate 
 parish, the county council should consider whether it could properly be 
 united with some other rural parish. It would, however, be competent to 
 the county council, if the circumstances justified it, by an order under 
 section 57 of the Act of 18S8, to extend any urban district, not being a 
 borough, containing part of the parish, so as to include the rural part of 
 the parish. 
 
 If a parish is situate in two or more urban districts, the part in each 
 urban district will, unless the county council otherwise direct, and subject 
 to any alteration of area made by or in pursuance of the new Act o* of 
 any other Act, become as from the appointed clay, a separate parish. 
 (Section 36 (2).) The county council can either alter the boundary 
 between the urban districts, if neither of them is a borough, so as to 
 include the whole parish within one district, or direct that the parish and 
 urban districts shall remain unaltered, but the latter course would be 
 opposed to the general scheme of the Act, and can only properly he 
 adopted where there are special reasons for it. These observations apply 
 equally to the urban part of a parish situate partly in a rural and partly 
 in two or more urban districts. In any case, such as those mentioned 
 above, where the parish is situated partly in a borough, the boundary of 
 the borough could be altered by an order of the Board under section 51 
 of the Local Government Act, 1888. The county council or a joint 
 committee could not properly make an order which would place or leave 
 a parish in more than one county. It would be inconsistent with the 
 Local Government Act, 1888, that an urban district should bj in more 
 than one county. 
 
 Where a parish is divided by the Act into two or more new parishes, 
 sub-section (9) of section 36 directs that those parishes shall, until it is 
 otherwise provided, be included in the same poor law union in which the 
 original parish was included, and sub-section v l) of section 79 directs 
 that, subject to any order made by the county council, there shall be one 
 guardian, and in the case of a new parish in a rural district, one district 
 councillor for each of the new parishes. Many of the parishes which will 
 be divided by the Act are at present entitled to more than two guardians, 
 and not only in these cases, but in every other to which the above 
 provision applies, the county council may be called upon to make an ordo 
 as to the future representation of the new parishes. 
 
 The county council will have power to give names to the new parishes 
 
 2 E
 
 41 8 Appendix III. 
 
 formed by the Act, although no order for any alteration of area has been 
 made by them. (Section 55 (2).) 
 
 It is provided by sub-section (11) of section 79 of the new Act that the 
 overseers of any parish divided by the Act shall, until the first appoint- 
 ment of overseers next after the appointed clay, continue in office as if 
 they were overseers of each part of the parish, which by reason of such 
 division becomes a separate parish. 
 
 The case of parishes with a population under 200 is dealt with under 
 the head of Parish Councils. 
 
 It is to be observed that when parishes are diviiled, and new parishes 
 are constituted by the Act, whether under section 1 (3) or section 36 (2), 
 they are to 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 the same. The formation 
 of parishes under the Acts referred to has no effect as regards the 
 constitution of school districts without the sanction of the Education 
 Department. 
 
 Taking next the case of the rural sanitary districts situate in more than 
 one county, the Act provides that where any such district is on the 
 appointed day situate in more than one administrative county, such 
 portion thereof as is situate in each administrative county shall be as 
 from that day a rural district, save as otherwise provided by or in 
 pursuance of this or any other Act. ( Section 24 (5).) Unless, therefore, 
 as regards any particular rural sanitary district not wholly comprised 
 within one county, a joint committee of the county councils interested 
 for special reasons otherwise direct, the district will be divided by 
 the Act. 
 
 In a case where a rural sanitary district is in more than one county, 
 but none of the parishes in the district overlap the boundary of any 
 county, the first question for consideration will be whether any special 
 reasons exist for directing that the district shall not be divided in the 
 manner contemplated by sub-section (5) of section 24. The Act does not 
 define what sf>ecial reasons may be regarded as sufficient for interfering 
 with the operation of that section, and the discretion of the joint 
 committee of the county councils is, therefore, unfettered in that respect. 
 If it is considered that there are special reasons for not dividing the 
 district, but it is deemed expedient that the boundary between the 
 counties should be altered so as to iuclude the whole of the district within 
 one county, this alteration can be effected by an order of the Board 
 under section 54 of the Local Government Act, 1888. {See sub-section 
 (5) of section 36 of the new Act.) 
 
 If the division of the district is not interfered with, but the effect of it 
 would be to create a rural district having lets than five elective councillors, 
 the case comes under paragraph (iii.) of sub-section (1) of section 36, 
 which requires that any such district shall, unless for special reasons the 
 county council otherwise direct, be united to some neighbouring district 
 or districts. This applies also to rural districts having less than five 
 elected councillors which already exist, irrespective of county boundaries. 
 If the county council find that there arc sufficient reasons for not uniting 
 the district to some neighbouring district or districts, as for instance, in a 
 case where the severed part is entirely rural in character, and there is no 
 other rural district within a convenient distance to which it could be 
 united, they may make an order accordingly, and if the order is confirmed 
 it will devolve on the Board under sub-section (5) of section 24 to 
 nominate members of the district council in order to make the number up 
 to five, or to take some other action under that sub-section. 
 
 If no special reasons to the contrary exist, the council must make an 
 order uniting the district to some neighbouring district or districts. The 
 Act does not require that the district should necessarily be united to 
 another rural district ; and its provisions would apparently be complied 
 with if the district were united to a neighbouring urban district, although 
 usually, no doubt, the proper course would be to unite it with a neigh- 
 bouring rural district. The district might, however, be divided by the
 
 Circulars of the Local Government Board. 419 
 
 order of the county council, part being added to one neighbouring district, 
 
 and part to another. 
 
 In any case where a new rural district is formed by the Act, and in any 
 other case where there is any doubt as to the name of a rural district, 
 the county council will have to direct what shall be the name of the 
 district. 
 
 Cases where a parish within a rural sanitary district overlaps the 
 boundary of the county will be more complicated. In these cases arrange- 
 ments must be made to prevent the overlapping of the county boundary 
 by the parish, even if the rural district is allowed to be in more than one 
 county. As a rule, it would seem in these cases that the parish should 
 be divided by order of the county council, but the Act will admit of an 
 alteration of the county boundary if that course seems expedient. 
 
 It is to be borne in mind that the Act itself does not form separate 
 parishes of the parts of a parish situate in different administrative 
 counties. The division under sub-section (5) of section 24 of a rural 
 sanitary district comprising such a parish will not affect the parish in 
 this respect, but the parish will have to be divided by order of the 
 county council, unless the county boundary is altered so as to include the 
 whole of the parish in one county. Where a parish is so divided, tin- 
 order of the county council must contain directions as to the number of 
 guardians and district councillors to be elected for each of the new 
 parishes formed by the order. 
 
 The alteration of a rural district by or in pursuance of the Act will not 
 affect the area of the poor law union with which at present the district is 
 co-extensive, or in which it is comprised, but where the alteration of a 
 poor law union seems expedient by reason of any of the provisions of the 
 Act, the county council are empowered by sub-section (6) of section 36, 
 to provide by their order for such alteration. 
 
 Where the alteration of the boundary of a county is deemed expedient 
 for any of the purposes mentioned in section 36, application should, as 
 already indicated, be made to the Board for an order under section 54 of 
 the Local Government Act, 1888. If it is proposed that the boundary 
 of a borough should be altered for these purposes a like application 
 should be made. (Section 35 (5).) 
 
 Where the alteration of the boundary of any parish, or the division 
 thereof, or the union thereof, or of part thereof with another parish, seems 
 expedient for any of the purposes of the Act, provision for such altera- 
 tion, division, or union, may be made by an order of the county council 
 under section 57 of the Act of 1888. (Section 36 (8).) 
 
 The provisions of section 59 of the Local Government Act, 1888, will 
 apply to any order for the purposes of the present Act that may be made 
 under section 57 of that Act, and section 69 of the new Act provides that 
 in any case where an alteration of any area is made by the Act, an order 
 may be made by the county council, or, in the case of an area situate in 
 more than one county, by a joint committee of county councils, for any of 
 the matters mentioned in section 59 of the Act of 1888. Under these 
 powers adjustments may be made of any property, debts, and liabilities 
 affected by the alteration, and directions may he given for effecting any 
 subsidiary arrangements rendered necessary by the alteration. 
 
 Sub-section (12) of section 36 requires that every report made by the 
 Boundary Commissioners under the Local Government Boundaries 
 Act, 1887, shall be laid before the council of any administrative county 
 affected by that report, and before any joiut committees of county 
 councils. The sub-section further provides that it shall bo the duty of 
 the councils and joint committees to take these reports into consideration 
 before framing any order under the powers conferred on them by the 
 Act. The county council will not be bound to give effect to the recom- 
 mendations of the Commissioners, but the reports in question will be 
 found to be of assistance in arriving at a decision in regard to cny matter 
 dealt with therein. 
 
 2 e 2
 
 42 o Appendix III. 
 
 II. — Parish Councils. 
 
 Under section 3 of the Act the county council are required to fix the 
 number of councillors to be elected for each rural parish which will have 
 a parish council. The number is to be not less than 5 nor more than 15, 
 and it should be fixed sufficiently early for proper arrangements to be 
 made for the candidature of persons desirous of offering themselves for 
 election at the first election. 
 
 In any case where there is any doubt as to the name of the parisb for 
 which a parish council is elected, the name will be such as the county 
 council, after consultation with the parish meeting, may direct. (Sec- 
 tion 3 (9).) 
 
 The county council may be applied to by the parish council, or not 
 less than one-tenth of the parochial electors of a parish, or before the 
 appointed day by the vestry or a like number of the ratepayers of the 
 parish, to divide the parish into wards for the purpose of electing parish 
 councillors ; and on being satisfied that the area or population of the 
 parish is so large, or different parts of the population so situated, as to 
 make a single parish meeting for the election of councillors impracticable 
 or inconvenient, or that it is desirable for any reason that certain parts of 
 the parish should be separately represented on the council, the county 
 council may make an order for the purpose. Tiie order must fix the 
 boundaries of the wards and the number of councillors to be elected for 
 each ward. In making the order regard must be had to the population 
 according to the last published census for the time being, and to the 
 evidence of any considerable change of population since that census, and 
 to area and to the distribution and pursuits of the population, and to all 
 the circumstances of the case. (Sections 18 and 81 (3).) 
 
 Section 1 of the Act provides for the grouping of two or more parishes 
 under a common parish council, subject to the proviso that parishes shall 
 not be grouped without the consent of the several parish meetings. For 
 this purpose the section enacts that an order may be made by the county 
 council under Part III. of the Act. 
 
 The county council may, with the consent of the parish meetings, 
 make such an order either on their own initiative, or on the application 
 of the parish meeting of any of the parishes proposed to be grouped. If 
 any such application is made, it must be taken into consideration forth- 
 with. (Section 38 (4).) 
 
 The whole of the parishes to be formed into a group should, as a rule, 
 be within the same county and county district, but if there are special 
 reasons for grouping parishes in adjoining counties or county districts, the 
 county council may depart from the rule. (Section 38 (2).) 
 
 The order must make provision for the name of the group, and as 
 under section 1 each of the grouped parishes is to have a separate parish 
 meeting, it must make any necessary provisions as to this also. It is 
 further enacted that a grouping order shall provide for the election in 
 manner provided by the Act of separate representatives of each parish on 
 the parish council, and that it may provide for the consent of the parish 
 meeting of a parish to any jjarticular act of the parish council or for any 
 other adaptations of the Act to the group of parishes, or to the parish 
 meetings in the group. The mode of election of parish councillors is 
 determined by sections 3 and 48. Further, the grouping order must 
 provide for the application of the provisions contained in section 14 and 17 
 of the Act with respect to the appointment of trustees and beneficiaries of 
 charities, and the custody of documents, so as to preserve the separate 
 rights of each parish. 
 
 The county council will be empowered to order the establishment of 
 parish councils in rural parishes which, according to the census of 1891, 
 have a population of less than 300. (Section 1.) If in the case of a 
 rural parish with less than 300 but more than 100 inhabitants, the parish 
 meeting so resolve, the county council must, by an order under Part III. 
 of the Act, provide for the establishment of a parish council. In this
 
 Circulars of the Local Government Board. 421 
 
 case, the county council will have no alternative but to issue the order if 
 the necessary resolution is passed. 
 
 In regard to any rural parish with leBS than LOO inhabitants, the 
 county council may issue an order establishing a parish council, it the 
 parish meeting consent, hut the parish will have no right to demand that 
 a parish council should be established. The grant of a parish council 
 will be in the discretion of the county council. Subject, however, to the 
 necessity for obtaining the consent of the parish meeting the county 
 council may act in these cases on their own initiative; but if the 
 population of a parish is less than 200 the parish meeting may apply for 
 a parish council under subjection (4) of section 38, and any such 
 application must forthwith be taken into consideration by the county 
 council. 
 
 Where a rural parish is co-extensive with a rural sanitary district, 
 sub-section (4) of section 3G provides that until the district is united to 
 some other district or districts, and unless the county council otherwise 
 direct, a separate election of a parish council shall not be held for the 
 parish, but the district council shall in addition to their own powers have 
 the powers of and be deemed to be the parish council. In these cases, 
 therefore, it will rest with the county couucil to determine whether the 
 rule laid down in the sub-section should be departed from ; and in any 
 such case it will be competent to the county couucil to make an order 
 directing that a parish couucil shall be elected for the parish. There is 
 no special reason, however, why these cases should be dealt with before 
 the first elections under the Act. 
 
 III. — Guardians and District Councillors. 
 
 Under section GO of the Act, the county council will have power to fix 
 or alter the number of guardians or rural district councillors to be elected 
 for each parish within their county, and it is provided that for those 
 purposes the council may exercise powers of adding parishes to each other 
 and dividing parishes into wards, similar to ihose which by the Acta 
 relating to the relief of the poor are, for the purpose of the election of 
 guardians, vested in the Boaid. 
 
 The power to add parishes to each other for the purpose of the election 
 of guardians is conferred on the Board by section G of the Poor Law 
 Amendment Act, 186S (31 & 32 Vict. c. 122). That section provides that 
 the Board may add any parish in a union, the population of which does 
 not exceed 300, and the aggregate rateable value of which does not exceed 
 the average rateable value of the parishes in the same union, to some 
 adjoining parish in the union for the purpose of the election oi guardians. 
 The county council will thus be able to add any such parish, if it is an 
 urban parish, to any other urban parish in the union, for the purpose- ot 
 the election of guardians, and to add any such parish, if it is a rural 
 parish, to any other parish in the rural district tor the purpose of the 
 election of rural district councillors ; but they will not be able to add an 
 urban parish to a rural parish, or vice versa. 
 
 The power conferred on the Board by the Poor Law Acts to divide 
 parishes into wards for the election of guardians is contained in section 12 
 of the Divided Parishes and Poor Law Amendment Act, 187G (39 & 40 
 Vict. c. 61), which enables the Board to divide auy parish into wards for 
 the election of guardians and to determine the number of guardians to be 
 elected for each ward, due regard being had to the value of the rateable 
 property therein. 
 
 Under sections 20, 24, and GO of the new Act, the county council will 
 regulate the retirement of guardians and rural district councillors. The 
 first of these sections provides generally that the term of office of a 
 guardian shall be three years, and that one-third, as nearly as may be, of 
 every board of guardians shall go out of office on the loth April in each 
 year. Where, however, the county council on the application of aboard 
 of guardians consider that it would be expedient to provide for the
 
 422 Appendix III. 
 
 simultaneous retirement of the whole hoard, they may direct that the 
 members shall retire together on the 15th April in every third year. 
 Where a union is in more than one county, an order for this purpose may 
 be made by a joint committee of the councils of the counties concerned. 
 There are some cases in which at the present time the whole of the 
 guardians retire at the end of every third year in pursuance of an order 
 of the Board, and in these cases the guardians are to continue so to retire, 
 unless the county council, or a joint committee of the county councils, on 
 the application of the board of guardians, or of any district council of a 
 district wholly or partially within the union, otherwise direct. 
 
 Section 24 makes the provisions of the Act with respect to the term of 
 office and retirement of guardians applicable to the district councillors of 
 a rural district. In any case where such a district is in more than one 
 union, it will be necessary to secure that the mode of retirement of the 
 guardians of the unions shall be the same, as otherwise there may be 
 serious difficulties in connection with the constitution of the district 
 council. 
 
 Section 60 provides that the council of each county may for the purpose 
 of regulating the retirement of guardians or rural district councillors, in 
 cases where they retire by thirds, direct in which year or years of each 
 triennial period the guardians or district councillors for each parish, ward, 
 or other area in the union or rural district shall retire. 
 
 Where the union is situate in more than one county, the power of fixing 
 or altering the number of guardians or rural district councillors, and of 
 regulating the retirement of guardians and of district councillors, is to 
 be exercised by a joint committee of the councils of the counties con- 
 cerned ; but if any of those councils do not, within two months after 
 request from any other of them, appoint members of such joint committee, 
 the members of the committee actually appointed will have power to act 
 as the joint committee. If any order made by a joint committee under 
 this provision is within six weeks after the making thereof objected to by 
 any of the county councils concerned, or by any' committee of any of those 
 councils authorised in that behalf, the order will be inoperative until 
 confirmed by the Board. (Section 59.) 
 
 Where the guardians and rural district councillors are to retire by 
 thirds, in accordance with the rule prescribed by section 20, it will be 
 necessary, as the full number of guardians or district councillors will be 
 elected at the first election, to provide for retirements in the years 1896 
 and 1897. There will be no retirements under the Act before 1896. 
 (Section 78.) The question as to the guardians and rural _ district 
 councillors who will have to retire in the two years mentioned, is under 
 sub-section (4) of section 79 to be determined by the county council with 
 reference to the parishes, wards, or other areas for which the guardians or 
 councillors are elected. 
 
 IV. — Highways. 
 
 Section 25 of the Act provides that as from the appointed day, there 
 shall be transferred to the district council of every rural district all the 
 powers, duties, and liabilities of any highway authority in the district, 
 that highway boards shall cease to exist, and that rural district councils 
 shall be the successors of the highway authorities. It is, however, 
 enacted that the council of any county may by order postpone within 
 their county, or any part thereof, the operation of this section, so far as it 
 relates to highways, for a term not exceeding three years from the ap- 
 pointed day or such further period as may, on the application of the 
 county council, be allowed by the Board. 
 
 The expression "highway authority" as used in the Act, means 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. (See Local Government Act, 1SS8, section 100; Local Govern- 
 ment Act, 1894, section 75.)
 
 Circulars of the Local Government Board. 423 
 
 The effect of section 25 will be that all these highway authorities will 
 cease to exist on the day on which the first rural district councillors come 
 into oflice, and that the rural di.-triet councils will thereupon Income the 
 highway authorities, unless the county councils postpone the operation of 
 the section. 
 
 By section 79, persons who nrc members of highway boards at the 
 passing of the Act will he continued in office until the day on which the 
 first rural district councillors come into office, thai is, as at present fixed, 
 the second Thursday after the 8th of November next, as it' the terms of 
 office for which they were elected expired on that day, and consequently 
 the usual annual election of waywardens will not take plac 1. 
 
 The election of surveyors of highways under the Highway Act, 1835, 
 will however take place, as usual, at the first meeting in vestry for each 
 parish, not in a highway district, for the nomination of overseers in the 
 present year. 
 
 An order under section 25 is, by section 84, to make such provision as 
 may be necessary for holding elections of highway boards in any interval 
 during which the operation of section 25 is postponed. This provision 
 will enable the county council to give directions in their order tor the 
 election of waywardens in place of those who will cease to hold office, as 
 mentioned above, when the rural district councillors come into office, and 
 also to order for what period such waywardens shall be elected, having 
 regard to the period of postponement. 
 
 No similar provision appears, as a rule, to be required as regards the 
 annual election of surveyors for parishes not in highway districts during 
 the interval referred to, and the effect of the postponement of the operation 
 of section 25 would seem to be that in such a case surveyors will continue 
 to be elected from year to year so long as necessary. But in the case of 
 new rural parishes formed by or in pursuance of the Act, it may be^ 
 necessary, in the event of the county council postponing the operation of 
 section 25, to provide for the election of surveyors to act for periods until 
 the next ordinary time for electing surveyors. 
 
 This course would not be requisite as regards a parish partly within 
 and partly without an urban district, which, by virtue of section 216 of 
 the Public Health Act, 1875, is at the present time treated as wholly 
 within the urban district for highway purposes, because, if the county 
 council postpone the operation of section 25, the part of the existing parish 
 which is outside the urban district will continue subject to section 216 
 of the Act of 1875 until the rural district council become the highway 
 authority, notwithstanding that it may have become a separate parish. 
 
 V. — Miscellaneous. 
 
 Sub-section (7) of section 48 of the Act requires the county council to 
 fix a scale for the expenses of elections under the Act, i.e., of elections ot 
 parish and district councillors and guardians. If, at the beginning ot one 
 month before the first election, the county council have not framed any 
 such scale for their countv, the Board will have power to frame a scale 
 for the purposes of that election. The Board will be glad to receive a 
 copy of the scale framed by the county council under this section as soon 
 as it has been approved bv the council. 
 
 Under sections 48 and SO the county council will have very extensive 
 powers for the removal of any difficulties that may arise in connection with 
 the election of parish and district councillors and guardians, and generally 
 in bringing the Act into operation within their county. Sub-section (•>) 
 of section 48 provides that if any difficulty arises as respects the election 
 of any individual councillor or guardian, and there is no provision tor 
 holding another election, the county council may order a new election to 
 be held and give such directions as may be necessary for the purposed 
 holding the election. ,. f 
 
 Under section 80, if anv difficulty arises with respect to the Holding 01 
 the first parish meeting of a rural parish, or to the first election oi pansli
 
 424 Appendix III. 
 
 or district councillors, or of guardians, or to the first meeting of a parish or 
 district council, or board of guardians, or if, from no election bein^ held, 
 or an election being defective or otherwise, the first parish or distiict 
 council, or board of guardians, has not been properly constituted, the 
 county council may, by order, make any appointment or do any thing 
 which appears to them necessary or expedient for the proper holding of 
 any such first inciting or election, and properly constituting the parish or 
 district council ov board of guardians. They may, if it appears to them 
 necessary, direct the holding of a meeting or election, and fix the 
 neces.-ary dates for the purpose. Any such order may modify the 
 provisions of the Act, and the enactments applied by, or rules Iramed 
 under it so far as may appear to the county council necessary or expedient 
 for carrying the order into effect. 
 
 If a parish council or a district council, other than a borough council, 
 become unable to act whether from a failure to elect or otherwise, the 
 county council may order elections to be held and may authorise persons 
 to act temporarily in place of the parish or district council and the 
 chairman of the parish council. (Section 47 (5) and section 59 (5).) 
 
 Under section 17 each parish council will be empowered to appoint an 
 unpaid treasurer, and this officer is to give such security as may be 
 required by regulations of the county council. It, is desirable that such 
 regulations should be made before the parish councils come into office. 
 They may provide both as to Ihe character and as to the amount of the 
 security to be taken from the treasurers, and the Board suggest that they 
 should be so framed as to require such security to be given by these 
 officers as will be sufficient to cover the amount likely to be in their hands 
 belonging to the parish councils at any one time. 
 
 It is now necessary to refer to the provisions which will govern the 
 procedure of the county council in legard to the issue of orders for the 
 purposes mentioned above. 
 
 Sub-section (10) of section 36 directs that, subject" to the provisions of 
 the Act, any order made by a county council in pursuance of Part III. of 
 the Act (as to areas and boundaries) shall be deemed to be an order under 
 section 57 of the Local Government Act, 1888. Every such order will 
 consequently have to be made in accordance with the provisions of that 
 section, and of the regulations issued by the Board thereunder, and, with 
 the exceptions mentioned in section 40 of the Act (to which attention 
 should be specially directed), will require confirmation by the Board in 
 the manner prescribed by section 57 of the Act of 18S8. 
 
 An important amendment of the section referred to is made by section 41 
 of the new Act, which provides that the time for petitioning to the Board 
 against an order of a county council under the section shall be six weeks 
 insteael of three menths after the first notice of the provisions of the 
 order. 
 
 The Act also provides that any board of guardians affecteel by an order 
 under Part III. of the Act, are to have the same right of petitioning 
 against the order as is given by section 57 of the Act of 1888 to other 
 authorities (section 36 (10)) ; and that where any of the areas referred to 
 in section 57 of the Act of 1888 is situate in two or more counties, or the 
 alteration of any such area would alter the boundaries of a poor law union 
 situate in two or more counties, a joint committee appointed by the county 
 councils concerned is, subject to the terms of delegation, to be deemed to 
 have and to have always had power to make orders under the section with 
 respect to that area. (Section 36 (11).) 
 
 An order made under section 60 of the new Act as to the number or 
 retirement of guardians or rural district councillors will, as already- 
 mentionc d. require confirmation by the Boarel if, in the case of a union 
 situate in more than one county, the order is objected to by any of the 
 county councils concerned or by a committee of any of those councils 
 authorised in that behalf. 
 
 Among the orders that will not be subject to the provisions of section 57 
 of the Act of 188S, and will not r< quire to be submitted to the Board, are 
 orders of the county council fixing the number of parish councilor* tor
 
 Circulars of the Local Government Board. 425 
 
 a parish or dividing a parish into wards for tho flection of parish 
 councillors. 
 
 An order made by the county council under section 2.~>, postponing 
 within their county or some partthereof the operation of thai section as 
 regards highways, will not require the confirmation of the Bo ird, alth 
 if it is proposed to postpone the operation of the section for more than 
 three years from the appointed day, the postponement will require 
 allowance by the Board. 
 
 In connection with the orders of the county council under this Act, it 
 may be pointed out that by section 42 it is provided that in any ca e 
 where an order under section 57 of the Act of 1888 (including any order 
 made or deemed to have been made thereunder for the purposes of this 
 Act) has been confirmed by the Board, such order is at the expiration of 
 six months from the date of confirmation to be presumed to have been 
 duly made, and to be within the powers of that section, and no objection 
 to the legality thereof can be entertained. 
 
 A copy of every order made by a county council or joint committee in 
 pursuance of the Act is to be sent to the Board, and, if it alters any local 
 area or inanie, a copy must be sent also to the Board of Agriculture. 
 (Section 71.) 
 
 Sub-sectiou (2) of section 80 requires that the Board shall issue 
 regulations for expediting and simplifying the procedure under section 57 
 of the Act of 1888 in all eases in the year 1894, for the purpose of bringing 
 the Act into immediate operation. 
 
 The Board have issued an order for this purpose, which, as regards tho 
 cases referred to, will take the place of the regulations made by them on 
 the 14th September, 1889, except where notice of a local inquiry has 
 been given before the date of the order. 
 
 It will be found that the new regulations materially expedite and 
 simplify the procedure under section 57 of the Act of 1888, and the Board 
 may draw special attention to the provisions in Article VIII. (3). In 
 cases in which an order made under the section does not require con- 
 firmation by the Board it has hitherto been necessary that the order, after 
 having been made, should be again approved by the county council after 
 certaiu notices have been given and a specified interval has elapsed. The 
 effect of the provision in Article VIII. (3) will be that no final approval 
 on the part of the county council will be requisite, if the requirements of 
 Articles IV. and VIII. have been complied with. 
 
 It will also be observed that under Article IX. the expression " county 
 council," as used in the order, will include a committee of the county 
 council, to whom they have delegated their powers under the Act of 1S94, 
 and also a joint committee appointed by any county councils for the 
 purpose of dealing with any cases in which they are jointly interested 
 
 The Board enclose six copies of the order, and they have caused it to 
 be placed on sale. If, therefore, further copies are required, they can be 
 purchased from Messrs. Eyre and Spottiswoode, East Harding Street, 
 London, E.G., either directly or through any bookseller. Copies of this 
 circular can also be purchased in the same way. 
 
 It has sometimes been pointed out by county councils that no provision 
 was made by the Local Government Act, 1888, as to the expenses of 
 inquiries held by them under the Act. It is now provided by sub- 
 section (4) of section 72 of the new Act, that where a county council hold 
 a local inquiry under the Act or under the Act of 1888 on the application 
 of a parish council or district council, or of any inhabitants of a parish or 
 district, the expenses incurred by the county council in relation to the 
 inquiry (including the expenses of any committee or person authorised by 
 the county council) are to be paid by the council of that parish or district, 
 or, in the case of a jmrish which has not a parish council, by the parish 
 • meeting. Subject to this, however, the expenses of the county council 
 incurred in the case of inquiries under tho Act must be paid out of the 
 county fund. 
 
 Section 44 contains provisions as to the register of the parochial electors 
 which is to be formed alike for urban and for rural parishes fur the
 
 426 Appendix III. 
 
 purposes of elections under the Act. The Board do not consider it 
 necessary to refer to these provisions in detail ; but the attention of the 
 county council should be directed to the proviso to sub-section (3) of 
 section 84, under which, if the county council have under consideration 
 any division into wards or alteration of the boundaries of any parish, or 
 union, or district which is to affect the first election, they may direct that 
 the lists of voters shall be framed in parts corresponding with such 
 division or alteration so that the parts may serve either for the unaltered 
 parish, union, or district, or for the same when divided or altered. 
 
 In making any such division or alteration at any time in the month of 
 July or August next, the county council may direct their clerk to make 
 such adjustment of the registers of parochial electors as the division or 
 alteration may render necessary for enabling every parochial elector to 
 vote at the first election in the ward, union, or district in which his 
 qualification is situate, and it will, of course, be the duty of the clerk to 
 give effect to any such direction. (Section 84.) 
 
 The orders of the county councils altering areas may direct that for the 
 purpose of preparing the lists and registers of electors for the first 
 elections of parish and district councillors, the orders shall take effect at 
 such time as to enable the overseers to make out the lists for the altered 
 areas, although the areas will not be actually altered until the appointed 
 day. 
 
 Numerous powers and duties besides those which have been indicated 
 above are conferred on county councils by the Act, but the Board do not 
 think it necessary to specify them on this occasion, as their present 
 purpose is to bring under the notice of the county cuuncil those powers 
 and duties which may have to be exercised for the purpose of bringing 
 the Act into operation, and they believe that they have now mentioned all 
 that need be referred to with this object. 
 
 It is evident that in order that effect may be given to the intentions of 
 the legislature, it is requisite that the county councils should without delay 
 set about the exercise of the important powers which hive been entrusted 
 to them. As the Board have already pointed out, section 83 makes it the 
 duty of every county council to exercise all such of their powers as may 
 be required for bringing the Act into full operation within their county 
 as soon as may be after its passing, and enables them to delegate their 
 powers under the Act to a committee, and the Board feel assured that 
 they may rely on every effort being used by the County Council to bring 
 the Act into full operation in their county at the earliest possible date. 
 
 The Board strongly recommend them forthwith to appoint a committee 
 for carrying out the Act if they have not already done so, and to delegate 
 to such committee their powers under it. 
 
 They also recommend that either such committee or the Council should 
 at once place themselves in communication with the councils of the other 
 counties in which parishes or rural sanitary districts partly within and 
 partly without the county are situate, with a view to the immediate 
 appointment of any joint committees necessary to enable such cases to be 
 dealt with. 
 
 The Board would further suggest that the clerks to rural and urban 
 sanitary authorities should, as soon as possible, be applied to for informa- 
 tion as to whether the districts of those authorities come within the cases 
 mentioned in section 36 of the Act, or contain parishes or parts of parishes 
 which are within those cases. In the meantime, the Parliamentary returns 
 relating to counties and poor law parishes of which copies are enclosed 
 will give the most recent information that has been published as to the 
 cases where parishes and rural sanitary districts are in more than one 
 county. The return relating to poor law parishes also shows the number 
 of parishes partly in rural sanitary districts. The names of parishes 
 partly in urban sanitary districts may be obtained from the tables 
 numbered 4 in the second volume of the Report on the Census of 1891, but 
 there have been alterations since the date of the census, and these tables 
 may not now be quite accurate. 
 
 As regards the matters referred to under the head of parish councils, the
 
 Circulars of the Local Government Board. 427 
 
 Board have already pointed out that the number of councillors should 
 be fixed sufficiently early fur proper arrangements to be made for the 
 candidature of persons desirous of offering themselves for election at the 
 first election. With this exception, it would seem that unless application 
 is made by the vestry, or one-tenth of the ratepayers of a parish, to divide 
 the parish into wards, it will not devolve on the county council to make 
 any orders with respect to these matters before the appointed day. Bi- 
 section 36 the council are required to take into consideration the c 1 
 small rural parishes, but no order for the grouping of such parish. s,or the 
 establishment of parish councils therein, could actually be made without 
 the consent of the parish meeting given after the appointed day. 
 
 As regards section 25 of the Act, it will of course be necessary that any 
 order postponing the transfer of the powers of highway authorities should 
 be made before the appointed day. 
 
 Some inquiries have been addressed to the Board with respect to the 
 meaning of the word "parish" as used in the Act. They may state, 
 therefore, that it bears the meaning given to it by section 5 of the 
 Interpretation Act, 1S39 (52 & 53 Vict. c. 63), which provides that unless 
 the contrary intention appears, the expression shall mean a place for 
 which a separate poor rate is or can be made, or for which a separate 
 overseer is or can be appointed. 
 
 I am, Sir, your obedient Servant, 
 
 Hugh Owen, Secretary. 
 The Clerk of the County Council. 
 
 Circular Letter to ClerliS of County Councils, Town ClerliS and Returning 
 Officers as to the Local Government Act, 1894. 
 
 [2nd April, 1894.] 
 
 Sir, 
 
 I am directed by the Local Government Board to state that 
 several inquiries have been addressed to them as to whether, in view of 
 the provisions of the Local Government Act, 1894, it is intended that an 
 Order in Council should be issued to amend, for the purposes of the 
 approaching registration of electors, the instructions, precepts, notices, 
 and forms prescribed by the registration Order, 1889. The Board direct 
 me to state that it is not proposed at present to issue an Order in Council 
 on the subject ; but they think it very desirable that the attention of the 
 overseers should be specially drawn to the duties imposed upon them by 
 the Act, in connection with the enfranchisement of married women for 
 the purposes of the Act and the preparation of the lists of electors, and 
 they suggest that this might conveniently be done by a note attached to 
 your precept and issued with it. 
 
 The provisions to which the attention of the overseers should be drawn 
 are those contained in section 43 and sub-sections (3) and (9) of section 44 
 of the Act. 
 
 Section 43 enacts that, for the purposes of the Act, a woman shall not 
 be disqualified by marriage for being on any local government register of 
 electors, or for being an elector of any local authority, provided that a 
 husband and wife shall not both be qualified in respect of the same 
 property. 
 
 Sub-section (3) of section 44 requires that the lists of electors in any 
 parish shall be framed in parts for wards of urban districts and parishes 
 in such manner that they may be conveniently used as lists for polling at 
 elections for any such wards ; and sub-section (9) of this section providj s 
 that any person may claim for the purpose of having his name entered m 
 the parochial electors list, and that the law relating to claims to be 
 entered in lists of voters shall apply. 
 
 The Board direct me to add that in the preparation of the lists ot 
 electors regard should be had to the provision in section 1 (3) ot the Act,
 
 428 Appendix III. 
 
 under which parishes situate partly within and partly without a rural 
 .sanitary district will be divided into separate parishes, and the attention 
 of the Overseers might with advantage be called to this point also. 
 
 I am, Sir, your obedient Servant, 
 
 Hugh Owen, Secretary. 
 To the Clerk of the County Council, 
 
 Town Clerk, or lteturning Officer. 
 
 Circular Letter to Boards of Guardians as to the Local Government 
 Ad, 1894. 
 
 [3rd April, 1894.] 
 Sir, 
 
 I am directed by the Local Government Board to state that 
 inquiries have been addressed to them as to the effect of the Local 
 Government Act, 1894, as regards the term of office of the present chair- 
 men and vice-chairmen of Boards of Guardians, and the continuance in 
 office of committees appointed by the Guardians. 
 
 The Board direct me to point out that section 79 (8) of the Act, which 
 continues in office, until the day on which the first guardians and rural 
 district councillors elected under the Act come into office, the persons who 
 were members of Boards of Guardiaus and of Kural Sanitary Authorities 
 at the date of the passing of the Act, does not refer to the chairmen or 
 vice-chairmen or members of committees, as sucli. 
 
 In those cases where the orders in force require that the election of 
 chairmen and vice-chairmen should take place at the fust meeting of the 
 guardians after the 15th April, the period of office of the chairmen or 
 vice-chairmen will not be affected, and they must therefore be elected at 
 the usual time this year. 
 
 As regards an Assessment Committee appointed under the Union 
 Assessment Committee Acts, it appears to the Board that the Committee 
 must be regarded as having been appointed for one year only, and con- 
 sequently that they must be re-appointed in the present year at the usual 
 time. 
 
 In the case of a School Attendance Committee, section 7 of the 
 Elementary Education Act, 187(3, expressly provides that the appointment 
 of the Committee shall be made annually, and the Board consider that 
 this Committee should be appointed by the Guardians at their first 
 meeting after the date on which the election of Guardians would have 
 taken place if an election had been held this year at the usual time (see 
 Rule 6 of the Second Schedule to the Act of 1876). 
 
 The Visiting Committee, however, will, in the opinion of the Board, 
 continue in office until after the election of the new Board of Guardians 
 in November next, unless the Committee were definitely appointed for a 
 limited period only. 
 
 A Belief Committee will, subject to the terms of the Order authorising 
 the appointment of the Committee, continue in office untd November next 
 without re-appointment, unless the Committee were appointed for a 
 limited time. 
 
 A Committee appointed to consider and report on any special subject will 
 contiuue in office after the date on which the Guardians would but for the 
 Local Government Act, 1894, have gone out of office, if the business for 
 which the Committee were appointed is not completed by that date. 
 
 A Sanitary Committee appointed under section 201 of the Public Health 
 Act, 1875, can only continue until the end of the ordinary year of office of 
 the Guardians, and the Committee must accordingly be re-appointed after 
 that time in the present year, if it is desired that they should still exist. 
 
 I am, Sir, your obedient Servant, 
 
 Hugh Owen, Secretary. 
 The Clerk to the Guardians.
 
 ( 429 ) 
 
 INDEX 
 
 A. 
 
 ABSENCE from meetings of authority, vacation of office for, 194 
 
 ACCEPTANCE OF OFFICE BY 
 
 Borough Councillor, 299— Declaration of acceptance, 299 ; form of 
 declaration, 323 — Exemption from compulsory acceptance, 299, 300, 
 312 — Fiue for non-acceptance, 299 ; for acting before making de- 
 claration, 301 — Non-acceptance creates casual vacancy, 300— Pro- 
 visions of Municipal Corporations Act as to, applied to guardians, 
 district councillors, members of the local board of Woolwich and 
 members of metropolitan vestries, 205 
 Parish Councillor, 265 
 
 ACCOUNTS OF 
 
 Burial Board, 77 
 
 Charities — to be transmitted to Charity commissioners, 136; power of 
 charity commissioners to make orders as to such accounts, 136, to 
 call for other accounts, 135 — power of Local Government Board to 
 call for accounts of parochial charities, 136 — to be laid before Vestry 
 in case of parochial charity, 136; substitution of parish meeting for 
 vestry, 126; inspection and copying of such accounts, 136 
 Commissioners under Baths and Washhouses Acts, 68 
 Committee of parish council or meeting or of district council, 218 
 County Council in respect of exercise of powers of district council in 
 default — under Allotments Act, 1S90..3S7 — under Local Govern- 
 ment Act, 233 
 District Council, 218 ; inspection of such accounts, 219 
 Existing authorities and officers, of receipts and expenditure before 
 
 appointed day, 260 
 Library authority, 82 
 Lighting and watching inspectors, 66 
 Officers of parish council, parish meeting or district council, 21S 
 Parish council, 218 ; inspection of such account, 219 
 
 meeting, 218 ; inspection of such accounts, 219 
 
 Sanitary authority in respect of matters under Allotments Act, 369 
 See also Audit. 
 
 ACTION 
 
 Liability of local authority to — in respect of Omissions, 17 — in reap ict 
 
 of Wrorjgs, 16 
 Protection in respect to, of persons acting in public capacity, 390, 391 
 Savings for pending actions and causes of action, 260, 261 
 See also Legal proceedings. 
 
 ADJOURNMENT of parish meeting, 263 
 
 ADJUSTMENT OF PROPERTY, &c, IN CASE OF 
 
 Alteration of area effected by Local Government Act, 1894 ..235 
 Authorities affected — by Local Government Act, 1888 ..381 — by Local 
 Government Act, 189-1.. 234, 235
 
 43° Index. 
 
 ADJUSTMENT OF PROPERTY, &c, IN CASE OP— continued. 
 Creation or alteration of borough or urban district, 215, 216 
 Dissolution — of Group of parishes, 187- — of Parish council, 188 
 Improvement commissioners with property, &c, connected with 
 
 harbour, 233 
 Separation of parish from group, 188 
 
 ADMINISTRATIVE COUNTY 
 
 Boundaries of, 373, 374 
 
 Definition of, 244 
 
 Parish partly within and partly without — Consideration of case by 
 county council, 166 — Division of parish not effected by Local Govern- 
 ment Act, 170 
 
 Purposes for whicli place within, forms part of such county, 382 
 
 Rural sanitary district partly within and partly without — Con- 
 sideration of case by county council, 166— Division of district by 
 Local Government Act, 154 ; effect of such division, 175, 176 ; see 
 also Division 
 
 ADOPTIVE ACTS 
 
 Acquisition of land for purposes of, by parish council, 63 
 
 Adoption of, after appointed day — in Rural parish, 62 ; for part of 
 parish, 63 ; demand of poll as to adoption, 264 ; notice of parish 
 meeting to consider adoption, 263 — in Urban district, 230 
 
 Alteration of areas in which Acts are in force, 230, 231 
 
 Baths and "Wash-houses Acts, 67-69 
 
 Borrowing for purposes of, by parish council, 104, 105, 110 
 
 Burial Acts, 69-78 ; in urban sanitary districts, 230-232 : see also 
 Burial Acts 
 
 Demand note to show proportion of rate levied for, in certain cases, 
 101 
 
 Execution of, by parish council where adopted after appointed day, 63 
 
 Expenses under — Excluded in computing limit on expenditure of 
 parish council, 101 — Included in computing limit on expenditure 
 of parish meeting, 145 
 
 Incidence &c. of rate under, unaltered, 63 
 
 Lighting and "Watching Act, 64-67 
 
 Matters arising under, requiring particular majority, to require like 
 majority of parish meeting, 62 
 
 Parish meeting substituted for vestry as regards consent &c, in 
 relation to expense or rate, 62 
 
 Public Improvement Act, 78, 79 
 
 Public Libraries Acts, 79-82 
 
 Transfer of functions of authority under — to parish council where area 
 under authority is co-extensive with Rural parish, 62 ; to parish and 
 district councils and parish meetings jointly where area not wholly 
 comprised in rural parish, 214 ; permissive transfer to parish council 
 where area forms part of rural parish, 214 — permissive transfer to 
 district council where area forms part of Urban district, 230 
 
 AFFAIRS OF THE CHURCH 
 
 Definition of, 242 
 
 Savings with regard to, 19, 26, 27, 83, 141, 144 
 
 AFFIDAVIT, definition of, 248 
 
 AGENCY at elections, 316, 317 
 
 AGENTS 
 
 Candidates' agents — Appointment of, to attend Counting of votes, 
 289 ; in case of Death or incapacity of agent originally appointed, 
 293; for Detection of personation, 283 ; for purposes of Municipal 
 election, 302— Construction of provisions of Ballot Act referring to
 
 Index. 431 
 
 AGENTS— continued. 
 
 presence of. 293— Definition of expression "agents of the candi- 
 dates" in Ballot Act, 294— notification of appointinenl to returning 
 officer, 283, 293, 302— Presence of, at counting of votes, 274, 289, 
 290; in polling station, 287— Returning officer, bis partner and 
 clerk not to act as, 279, 280— Secrecy of ballot to be maintained by, 
 278 ; statutory declaration of secrecy by, 293 
 County council enabled to employ district council as their agents, 
 233 
 
 AGREEMENT : see Contract 
 
 AGRICULTURAL GANGS ACT, 393; transfer of functions of 
 justices under, to district councils, 160, to county borough councils, 
 163 
 
 ALDERSHOT LOCAL BOARD, saving with regard to, 228 
 
 ALIEN" 
 
 Disqualification of, for office, 192 
 
 Vote of, struck off on scrutiny in case of municipal or parliamentary 
 
 election, 191, 318 ; doubt whether same rule applies to election under 
 
 Local Government Act, 191, 192 
 
 ALLOTMENT 
 
 Managers — Appointment of, under Allotments Act, 3C5 : under 
 Allotments Extension Act, 49 — Committee under Small Holdings 
 Act to include allotment managers or persons similarly appointed, 
 62 ; substitution of parish councillors for such managers or persons, 
 28 — Election of, under Allotments Act, 3U7, 36S ; application for 
 election by parish council, 28, 368 — Transfer of functions of, to 
 parish council, 28 
 
 Wardens — Management of allotments under Inclosure Acts by, 54 — 
 Transfer of functions of, to parish council, 28; transfer by, of 
 management of allotments to sanitary authority, 370 
 
 ALLOTMENTS 
 
 Acquisition of land for, 87-101 : and see Compulsory hiring ; Com- 
 pulsory purchase. 
 
 Common pasture — expression " Allotments " in section nine of Local 
 Government Act includes, 90 — Provision of, under Allotments 
 Act, 370 
 
 Compensation to outgoing tenant of, 358-360; on determination of 
 tenancy by sanitary authority under Allotments Act, 366 ; on 
 determination of tenancy of field garden under Inclosure Acts, 56 
 
 County borough council, acquisition of land by, 90, 371, 372 
 
 council — -Duty of, on proceedings under Allotments Acts, 87 
 
 — Expenses of, 90, 388, 389— Order of, for compulsory Hiring of 
 land, 97, 99; for compulsory Purchase of land, 88, 94, 95, appeal 
 against decision of county council, 88, confirmation of order, 88, 89, 
 execution of order, 89, incorporation of enactments with order, 89, 
 90, 94— Petition to, on default of district council, 93, 386 ; transfer 
 to county council upon such petition of functions of district council, 
 386, consequences of such transfer, 387— Purchase of land by, 90,93, 
 386; assurance of the land to parish council, 90, 93— Standing 
 committee to be appointed by, 97, 386, 387 
 
 Fuel— Allotment of land for, under Inclosure Acts, 57— Diversion of 
 fuel allotment to other purposes, 48 
 
 Inquiries as to— by County council, 89, 97, 3S7— by Local Government 
 Board, 88, 89, 95-97 
 
 Parish council— Hiring of land by, 97-100: and see Compulsory 
 hiring— Letting in allotments by, of land Hind by them, 90, 364 
 366; of land Purchased by county council, 90, '.K\, 364 366 J of laud 
 Vested in them, S3— Petitiou by, to County council on default of
 
 43 2 Index. 
 
 ALLOTMENTS— continued. 
 
 district council, 'JO, 93, 386 ; to Local Government Board on refusal 
 of county council to make an order for compulsory acquisition of 
 land, 88, 93 — Purchase of land for allotments by, not authorised, 92 
 — Representation by, to district council as to election of allotment 
 managers, 28, 3G8 ; as to provision of allotments, 28, 361 
 
 Rate under Public Health Act, partial exemption of allotments from, 
 50 
 
 Summary of earlier statutes relating to, 44-57 — Allotments Act 1832, 
 4G ; am< ndments of, 48, 49 ; transfer of powers of overseers under, 
 to guardian.-, 46, 47 — Allotments Extension Act, 48-50; trustees of 
 dole charities to let land in allotments, 48, 49; exemption of land 
 from operation of Act, 49; letting and management of allotments, 
 49, 50; schemes of charity commissioners to provide for letting 
 land in allotments, 50 — Commons Act, diversion of fuel allotment to 
 other purposes, 48, letting of allotments provided under any Inclosure 
 Act, 55 — Inclosure Acts, 50-57 ; allotment of land for labouring poor, 
 52, 53 ; exchange of allotments, 47 ; letting of land as field gardens, 
 54, 55 ; recovery of possession of field gardens, 55, 56 — Poor Allot- 
 ments Management Act, appointment of committee to manage 
 allotments, 47, 48 — Poor Eelief Act, 1S19, and amending Acts, 
 45, 46 ; transfer of powers of overseers under, for acquisition of 
 land, to guardians, 46, 47, such powers practically obsolete, 47 
 
 Transfer to parish council — of functions of Allotment managers, allot- 
 ment wardens, or committee, 28 — of functions of Churchwardens and 
 overseers as to allotments, 27 
 
 Use of schoolrooms and rooms maintainable out of local rates for in- 
 quiries, meetings &c, relating to allotments, 17, 18, 388 — see also 
 Allotments Act, 1887 ; Allotments Act, 1S90 
 
 ACT, 1887 
 
 Accounts of sanitary authority, 369 
 
 Acquisition ot'land — -by Agreement, 361, 362: persons under disabili- 
 ties empowered to let land, 363 — Cornpulsorily, 362, 363 ; amendment 
 
 of Act in this respect, 363, 364 
 Allotment managers — Appointment of, 365 — Election of, 367, 368 — 
 
 Parish council substituted for such managers, 28 
 Borrowing by sanitary authority, 369 
 Buildings, erection of, on allotments. 366 
 Definitions — "Allotments," 372 — "County authority," 371— " Land," 
 
 372 — " Parish," 371 — " Reasonable rent," 361 — " Rural district," 
 
 "Sanitary authority," " Urban district," 372 
 Determination of tenancy of allotment, 366 
 Duty of sanitary authority, 361 
 Expenses of sanitary authority, 368, 369 ; incurred on behalf of two or 
 
 more parishes, 371 
 Improvement of land, 364 
 Letting of allotments, 364-366 — Amount of rent, 365— Recovery of 
 
 rent, 366 
 Occupiers, sanitary authority to be eleemed, for certain purposes, 
 
 365, 366 
 Provision of common pasture, 370 
 Register of tenancies, 371 
 
 Regulations, making of, 364 ; confirmation and effect of, 365 
 Representation to sanitary authority, 361 ; by parish council, 28 
 Superfluous er unsuitable land, dealing with, 369 
 Transfer to sanitary authority — of Land held by trustees, 370 — of 
 
 Management of allotments uneler Inclosure Acts, 370 
 
 ACT, 1890 
 
 Construction of, Z86 
 
 Petition to county council on default of sanitary authority — by 
 Electors, 386— by Farish council, 90, 93
 
 Index. 
 
 433 
 
 ALLOTMENTS ACT, 1880— continued. 
 
 Standing committee of county council, 3S6, 3S7 
 
 Transfer of functions of sanitary authority to county council, 386 j 
 
 consequences of such transfer, 387 
 Use of schoolrooms, &c, 388 
 
 ANNUAL 
 
 Assembly of parish meeting— Date of, 263— Election of chairman at, 
 
 where there is no parish council, 144 
 Meeting of parish council— Appointment of overseers at, 265— Date 
 
 of, 8— Election of chairman at, 8, 265— Notice to parish councillors 
 
 of, 265 
 
 APPEAL TO 
 
 Court of Appeal— on Election petition, 312— on question raised 
 Summarily under Local Government Act, 1894.. 236; no similar 
 appeal under Local Government Act, 1S88..237 
 
 High Court — from Auditor's decision, by way of certiorari, 220, 224, 
 225, 226 — against order of Charity commissioners, under Charitable 
 Trusts Acts, 134, 237, under Local Government Act, 236 
 
 Local Government Board— against Auditor's decision, 102, 221, 225, 
 226 — against making or refusal of order by County council for 
 compulsory acquisition of land, 88 
 
 Quarter sessions — against Appointment of overseers, 22 — against 
 Basis of county rate, 41, 42 ; transfer of functions of churchwardens 
 and overseers as to, to parish council, 27 — as to matters under Baths 
 and AVashhouses Acts, 68 — against County rate, 42, 43 ; transfer of 
 functions of churchwardens and overseers as to, to parish council, 27 
 — against Declaration that a highway is not repairable at public 
 expense, 124 — against Diversion of highway under Highway Act, 
 122, under Inclosure Acts, 123 — as to matters under Lighting and 
 Watching Act, 67 — against Poor rate, 37-39 ; transfer of functions 
 of churchwardens and overseers as to, to parish council, 27 — against 
 Stopping up of highway under Highway Act, 122, under Inclosure 
 Acts, 123 — against Valuation list, 36, 37; transfer of functions of 
 churchwardens and overseers as to, to parish council, 27 
 
 Special sessions, against poor rate, 37-39 ; transfer of functions of 
 churchwardens and overseers as to, to parish council, 27 
 
 Treasury, as to compensation of existing officer, 256 
 See also Complaint, Petition 
 
 APPOINTED DAY, 259 
 
 APPOINTMENT OF 
 
 Assistant overseer — by Guardians, 23 ; repeal of enactments 
 authorising such appointment, 255 — power of Local Government 
 Board to confer appointment on authorities in urban districts, county 
 boroughs, and London, 164, 165 — by Parish council, 18 — by Parish 
 meeting, 145; demand of poll as to, 264 — by Vestrv and justices, 
 22,23 
 
 Beneficiaries of charity — by Appointees of parish council, 126 — 
 Demand of poll at parish meeting as to, 264 — Provision as to, where 
 parish is divided by Local Government Act, 167, where parish is 
 grouped, 187 — Summary determination of question as to, 236 
 
 Charity trustees— by Charity commissioners, L33— by Cunt of 
 chancery, 129— by Parish council, in lie u of Church wardi us, lii, liii. 
 126; in lieu of Overseers, 125; where there is no Representative 
 element on governing body, liii, 126; where appointment is in the 
 hands of Vestry, 126— by Parish meeting, 126, 145 : demand of poll, 
 .•is to, 264 — Provision as to, where parish is Divided by Local 
 Government Act, 167, where parish is Grouped, 187, 188; in c 
 of parish in Urban district or borough, 162 -Savings, for Elementary 
 schools, 234; for Recently founded charities, 127— Summary deter- 
 mination as to, 236 
 
 2 F
 
 434 
 
 Index. 
 
 APPOINTMENT OF— continued. 
 
 Clerk of parish council, 141 
 
 Overseers— by Guardians on default of proper authority, 209 — by Jus- 
 tices, 19, 20; appeal against, 22 — power of Local Government 
 Board to confer appointment on authorities iu urban districts, county 
 boroughs, and Londou, 164, 165— by Parish council, IS ; to be made 
 at annual meeting, 265— by Parish meeting, 145 ; demand of poll as 
 to, 264 — Permissive appointment of additional overseers to replace 
 churchwardens, 19 — Provision as to, on creation or alteration of 
 borough or urban district, 215 
 
 Returning officers for elections under Local Government Act, 205 ; 
 for first elections, 251 
 
 Surveyor of highways, 117, 118 
 
 Treasurer of parish council, 141 
 
 Vestry clerk, 142 ; not to be made by parish council, HI 
 
 AREAS : see Boundaries 
 
 ASSEMBLY OF PARISH MEETING 
 
 Annual— Date of, 2G3— Election of chairman at, where there is no 
 
 parish council, 144 
 Convention of, 192— of First assembly, 251— of assembly for Part of 
 
 parish, 209 
 Holding of— in Evening, 3— at least Twice a year where there is no 
 
 parish council, 144 
 Notice of, 210, 263 
 Premises licensed for sale of intoxicating liquor not to be used for, if 
 
 avoidable, 229 
 Removal of difficulties as to first assembly, 253 
 Times and places for, 192 ; demand of poll on question as to such 
 
 times and places, 264 
 Use of schoolroom or room maintainable out of local rate for, 17, IS 
 
 ASSESSMENT COMMITTEE 
 
 Appearance of, as respondents on rating appeal, 3S 
 Appointment of, 34 
 
 ASSISTANT OVERSEER 
 
 Appointment of— by Guardians, 23 ; repeal of enactments authorising 
 such appointment, 255 — power of Local Government Board to 
 confer appointment on authorities in urban districts, county 
 boroughs and Londou, 164, 165— by Parish council, 18— by Parish 
 meeting, 145 ; demand of poll as to, 264— by Vestry and justices, 
 22,23 
 
 Disqualifications for the office, 24 
 
 Employment of, as clerk of parish council in certain cases, 141, 142 
 
 Existing assistant overseer in parish with parish council, to become 
 officer of parish council, unless appointed by guardians, 254 
 
 Ineligibility of— for office of Guardian, 201— for office of Overseer, 21 
 
 Tenure of office by, 24, 25 
 
 " AT LEAST," meaning of expression so many days " at least," 239 
 
 AUDIT OF ACCOUNTS 
 
 Application of enactments relating to audit of accounts of urban 
 sanitary authority to accounts of parish and district councils, parish 
 meetings, and their committees and officers, 218, 219 
 
 Appeal against auditor's decision— to High Court, 220, 224. 225— to 
 Local Government Board, 102. 221, 225, 226 
 
 Baths and washhouses commissioners, accounts of, 03 
 
 Burial board, accounts of, 77 
 
 Deposit of accounts prior to, 219
 
 Index. 435 
 
 AUDIT OF ACOOUlSrTS— continued 
 
 District Auditors Act, 221-224r— Appointment and remuneration of 
 
 district auditors, 221, 222— power of Local Government 
 regulate audit, 222— Preparation and rtamping of financial state- 
 ment by local authority, 222— Scale of stamp duties, 223, 224 
 Library authority, accounts of, S2 
 Notice of audit, 219 
 
 Officers' accounts to be audited like accounts of their authorities, 221 
 Payment and recovery of sum certified by auditor to be due, 221, 226, 
 
 227 
 Proceedings at audit of urban sanitary authority's accounts, 2 1 '.1-22 1 
 Saving for audit of accounts of receipts and expenditure before appointed 
 day, 2G0 
 
 AUDITORS FOR PARISHES IN" LONDON 
 
 Application to, of provisions of Local Government Act with respect to 
 the qualification of the electors, the qualification of persons to be 
 elected, and the mode of conducting the election, 162 ; with respect 
 to disqualifications for office, 194; with respeet to first elections, &c . 
 253 
 Removal of difficulty as to election of, 20G. in case of first election, 
 253 
 
 BALLOT, poll consequent on parish meeting, to be by, 3 
 
 ACT 
 
 Application of — to elections under Local Government Act, 205, 27:! — 
 
 to Municipal election, 273, 302 : modifications of Act for purposes 
 
 of such application, 273, 294, 322 — to Poll consequent on parish 
 
 meeting, 206, 273 
 Appointment — of Agents to attend counting of votes, 280 — of Officials 
 
 to conduct election, 278, 279, to assist in counting votes, 293 . 
 
 person employed about election not to be appointed. 2!':'. 
 Ballot box, construction of, and sealing of, at commencement of poll, 
 
 287 
 Blind persons and persons under physical incapacity, voting by, 2S8 
 Candidate may undertake duties of agent, 2'.*:; 
 Construction— of Part II of Act, 282 — of Provisions in Act referring 
 
 to presence of candidates' agents, 293, 294 
 Continuance of Act, 2S5 
 Counting of votes, 274, 2S9, 290 
 Declaration of result of poll, 274, 276, 292 
 
 Definitions, 284, 285, of expression li agents of the candidates," 294 
 Directions to voters, 296 
 Disclosure of vote not to be required, 280 
 Documents, dealing with, alter close of poll, 291, inspection of. 
 
 291, 292 
 Form and contents of ballot paper, 287, 295 
 
 Fraudulent dealings with ballot papers and nomination papers. 277 
 Illiterate voters, voting by, 2SS ; form of declaration of inability to 
 
 read, 296 
 Jews, voting by, on Saturdays, 2S8 
 Marking of ballot paper by voter, 274, 287, 2SS ; irregularities in 
 
 marking paper, 274-276 
 Misconduct— of Officials, 279— in Polling station, 279 
 Notification of appointment of agent, 293 
 Personation, detection and punishment of, 2S2-2S4 
 Presiding officer— Appointment of, 287— Delegation of functions 
 
 clerks, 293— Duty of, when voter presents himself to vote 276 
 
 Powers of, 279— Returning officer may act as, 292 
 Provision of polling stations and requisites for poll. 281, 282, 286 
 
 2 r 2
 
 436 Index. 
 
 BALLOT ACT— continued. 
 
 Sealing of ballot boxes and documents at close of poll, 274 
 
 Secrecy of ballot— Infringement of, 277, 278— Statutory declaration to 
 be made by officials, 293 ; form of declaration, 296 
 
 Spoilt ballot papers, 289 
 
 Summary of provisions of Act, 207 
 
 Tendered bnllot papers, 288 
 
 Use of schoolrooms and rooms maintainable out of public rates for pur- 
 poses of poll, 278 ; extension of provisions of Act in thi3 respect for 
 purposes of Local Government Act, 205 
 
 Validity of election notwithstanding irregularities, 280, 281 
 
 BOXES, &c, loan of, to returning officer for election under 
 
 Local Government Act, 206 
 
 BANK 
 
 Holiday, provision for case where anything is required to be done on, 
 
 238 
 Overdraft on, by local authority, 105 
 
 BANKRUPT 
 
 Disqualification of — for office under Local Government Act, 193 ; 
 cesser of disqualification, 193, 196 — for office of Overseer, 21 
 
 BASIS OF COUNTY RATE 
 
 Appeal against, 41, 42 ; transfer of functions of churchwardens and 
 
 overseers as to appeal to parish council, 27 
 Preparation and purposes of, 33-41 
 
 BATHS AND WASH - HOUSES ACTS, 67-69 : see also Adoptive 
 Acts 
 
 BENEFICIARIES OF CHARITY 
 
 Appointment of — by Appointees of parish council, 126 — Demand of 
 poll at parish meeting as to, 264 — Provision as to, where parish is 
 divided by Local Government Act, 167, where parish is grouped, 
 187 — Summary determination of question as to, 236 
 
 BILL IN PARLIAMENT, expenses of opposition to, by local authority, 
 102 
 
 BOARD OF AGRICULTURE 
 
 Application to, in relation to common by parish council, 82, 84 
 
 Appointment of committee by, under Poor Allotments Management 
 Act, on default of vestry or trustees, 48 
 
 Copy of order of county council or joint committee to be sent to in cer- 
 tain cases, 237 
 
 Notification of application to, in relation to common — to District 
 council, 158 — to Parish council, 83 
 
 Parish boundaries, powers of Board to alter, 183 
 
 Powers and duties— of Board under Inclosure Acts, 50-56 — of Copy- 
 hold, Inclosure, Lands, and Tithe Commissioners now vested in 
 Board, 51 
 
 Sanction of, to transfer of management of allotments by allotment 
 wardens to sanitary authority, o7U 
 
 ■ OF SURVEYORS for management of highway in large 
 
 parish, IIS 
 
 ROOM OF GUARDIANS, use of, by rural district council, 
 
 227 
 
 BOROUGH 
 
 Alteration of area of local government partly within. 376
 
 Index. 437 
 
 BOROUGH— continued. 
 
 Boundaries of, 1S5 — Alteration of such boundaries 376, 377, for 
 
 purposes of Local Government Act, 1894, 107 ; provi.Mon for parish 
 
 government upon alteration of borough boundaries, 215 
 Definition of — in Interpretation Act, 249 — in Local Government Act, 
 
 1888.. 244 
 Expression "county district'' includes borough other than county 
 
 borough, 152 
 Local Government Board empowered to confer certain functions on 
 
 council of, or other authority in, 103, 164 
 Style of, unaltered by Local Government Act, 152 
 Urban sanitary district, borough forms, 1S4 
 Wards of, 376 ; alteration of wards, 377, 378 
 
 See also County borough 
 
 COUNCIL 
 
 Appointed day for purpose of transfer of functions to, 259 
 
 Burial board, council may be invested with functions of, 231, 232 
 
 Expenses of, under Local Government Act, 161 
 
 Expression " district council " includes council of borough other than 
 
 county borough, 152 
 Local Government Board empowered to confer certain functions on, 
 
 163, 164 
 Qualification of c nracillors, 151 
 
 Report of boundary commissioners to be laid before, 168 
 Representation by, to Local Government Board that alteration of 
 
 boundaries is desirable, 376 
 Style of, unaffected by Local Government Act, 152 
 
 See also County borough, Municipal Corporations Act 
 
 FUNDS ACT, 102 
 
 BORROWING BY 
 
 Authority, of capital sum required for adjustment, 235 
 
 Baths and wash-houses commissioners, 68 
 
 Burial board, 77 
 
 Committee of district council not authorized, 216 
 
 County council— for purpose of Lending to parish council, 105 — for 
 purposes of powers Transferred to them from district council, under 
 Allotments Act, 1890.. 387 ; under Local Government Act, 232 
 
 Joint committee of parish and district councils not authorized, 2 IS 
 
 Library authority, 82 
 
 Lighting and watching inspectors, not authorized, 66 
 
 Local authority, under Public Health Act, 106-109— Form of 
 mortgage, 107, 108; of transfer of mortgage, 107, 109— Period for 
 repayment of loan, 106— Register of mortgages, 107, of transfers, 
 107; penalty on clerk for neglect to enter up register— Recovery of 
 capital and interest, 108— Sanction of Local Government Board to 
 loan, 105 -Sinking fund, 106— Transfer of mortgages, 107, 108 
 
 Loans Act, borrowing under, 109 
 
 Parish council, 104, 105— for purposes of Adoptive Acts, 101, 105, 
 110— Sanction of parish meeting and county council to incurring 
 expense involving loan, 100, 101 ; sanction of county council and 
 Local Government Board to raising of loan, 105 
 
 Public Works Loan Commissioners, borrowing from, 109, 110 
 
 BOUNDARIES 
 
 Area— in which anv of Adoptive Acts is in force, alteration of boundan is 
 of, 214, 215— Partly within borough or county, alteration oi 
 boundaries of, 37 , 
 
 Borough boundaries, 185— Alteration of, 376, 377; for purp 
 
 Local Government Act, 1894. .167; provision for parish govern- 
 ment upon such alteration, 215
 
 4 3^ Index. 
 
 BOUND ABIES— continued. 
 
 Consideration of cases of overlapping boundaries, &c, by county 
 council, 166 
 
 County boundaries, 373-375 — Alteration of, 376, 377, for purposes of 
 Local Government Act, 1S94 . . 167 
 
 district boundaries, alteration of, 378, 379; provision for 
 
 parish government upon alteration of urban district, 215 
 
 Division effected by Local Government Act — of Parish, 2, 167; effect 
 of such division, 175 — of Rural sanitary district, 154; effect of such 
 division, 175, 176 : see also Division 
 
 Electoral divisions, boundaries of, 375; alteration of such boundaries, 
 376 
 
 Intersection of boundaries to be avoided where alteration made under 
 Local Government Act, 1888.. 383 
 
 Joint committee to exercise powers of county councils as to boundaries 
 in certain cases, 168 
 
 Local government district, boundaries of, 185 
 
 Order of county council for alteration of boundaries under Local 
 Government Act, 1894 . . 176 — Amendment of such order, 383 — 
 Consequential and incidental arrangements in such order, 382, 383 
 — such order to be Deemed an order under section fifty-seven of 
 Local Government Act, 188S..16S — Time for petitioning against 
 order, 188 — Validity of such order duly confirmed not to be im- 
 peached after certain time, 188 
 
 Parish boundaries, 177-181 — Accretions from sea included within, 179 
 — Alteration of, by County council, 378, 379, for purposes of Local 
 Government Act, 1891 .. 168, 176, notices of proposal for such altera- 
 tion, 167, 378 ; by Board of Agriculture, 183; by Local Government 
 Board, 179-183 — Extra-parochial places included within, 179 — 
 Isolated parts of parishes amalgamated with surrounding parishes, 
 180 — Perambulation of, 183, 184 — Presumption as to, where high- 
 way or river forms boundary, 183 — River banks included within, 179 
 — Sea shore included within, 179 
 
 Part of parish with a defined boundary — Appointment of committee to 
 discharge functions of parish council with regard to, 217 — county 
 council may order that Consent of parish meeting held for, shall be 
 necessary for act of parish council affecting, 186 ; such order does 
 not require confirmation, 188 
 
 Registration of electors in case of alteration of boundary in 1894, 258, 
 259 
 
 Regulations of Local Government Board as to procedure for alteration 
 of boundaries by county council — General regulations, 379-381 — 
 Special regulations for 1894, 171-175 ; power of Board to make 
 special regulations for that year, 254 
 
 Sanitary districts, boundaries of, 184, 185 
 
 Transfer of certain powers of county councils as to boundaries to Local 
 Government Board after lapse of certain time, 169, 177 
 
 Union boundaries, 184 — Alteration of, 184, for purposes of Local 
 Government Act, 1894.. 167 — Subdivision of union for certain 
 purposes only, 382 
 
 Ward, boundaries of — in Borough, 376 — in other Urban district, 376 ; 
 alteration of such boundaries, 378 
 
 BOUNDARY COMMISSIONERS, report of, to be laid before borough 
 and county councils, 168, 376 
 
 BRIBERY 
 
 Corrupt practice, bribery constitutes, 332 
 Definitions of, 305, 354-356 
 Nature of offence, 334-336 
 
 BUILDINGS, power of parish council to provide, 82; to borrow for pur- 
 pose of providing, 104, 105
 
 Index. 439 
 
 BURGESS 
 
 Qualification of, 5, G 
 Eoll, 3 
 
 BURIAL ACTS, 69-78 
 
 Areas for which burial grounds may bo provided, 70-72 ; in urban 
 
 district, 230, 231 
 Borough council, functions of burial board may be conferred on, 231, 
 
 232 
 Closed burial grounds, care of, 33, 34; powers of churchwardens 
 
 transferred to parish council, 27 
 Directions of Home Office as to establishment of burial board, 72-74 
 Expenses of burial board, 77 
 Order in council prohibiting continuance of burial or opening of burial 
 
 ground within limits, 69 
 Powers, &c, of burial board, 75-78 
 Resolution to provide burial ground, 70 ; such resolution to be deemed 
 
 adoption of Acts, 63 
 Urban sanitary authority may be invested with powers of burial board, 
 
 231, 232 
 
 GROUND, provision of, by sanitary authority under Public 
 
 Health (Interments) Act, 232 
 
 BYE LAWS 
 
 Parish council may make, as to recreation ground, village green, &c, 
 
 82, 84, 86 
 Provisions of Public Health Act as to, S1-S6 
 Saving for existing, 261 
 
 CANDIDATE FOR ELECTION 
 
 Agents of : see Agents 
 
 Attendance and interrogation of candidate for office of parish coun- 
 cillor at parish meeting, 264 
 
 Corrupt withdrawal of, 340 
 
 Definition of " candidate," 305 
 
 Publication of false statement of withdrawal of, 338 
 
 Seating of unsuccessful candidate on election petition, 318, 319 
 
 Use of schoolroom or room maintainable out of local rate for purposes of 
 candidate for office of parish or district councillor, 17, 18 
 
 CASUAL VACANCY IN OFFICE OF 
 
 Borough councillor — Application of provisions of Municipal Corpora- 
 tions Act concerning, to district councillors, guardians, members of 
 local board, of Woolwich and metropolitan vestries, 205; casual 
 vacancy occurring within six months before ordinary election not to 
 be filled in meantime, 205, 206— Election to fill, 300— Time for 
 filling, 303 
 
 Chairman of parish council or meeting, 204 
 
 Member of— Board of guardians, sanitary authority or highway board, 
 before appointed dav, 225— of Parochial committee, 138 
 
 Overseer, 18; filling of, by guardians on default of proper authority, 
 209 
 
 Parish councillor, 204; council to be convened forthwith to till, 
 265 
 
 CERTIORARI TO REMOVE 
 
 Appointment of overseer, 22 
 
 Auditor's allowance or disallowance, 220, 224, 225 
 
 CHAIRMAN OF 
 
 Board of guardians, 150, 227 ; disqualifications for the office, 194-IV3, 
 and see Disqualification
 
 44° Index. 
 
 CHAIRMAN OF— continued. 
 
 Committee of parish or district councils, 267 ; signature of minutes 
 by, 200, 267 
 
 District board of works in London, 163 
 
 Local board of Woolwich, 163 
 
 Metropolitan vestry, 163 
 
 Parish council — Casual vacancy in office of, 204 — Casting vote of, 
 266 — to be Chairman of parish meeting, 192 — Convention of parish 
 council by, 265 — Deposit of documents with, under standing orders 
 of parliament, 111 — Disqualifications for office of, 192-203, and see 
 Disqualification — Election of, 8, 265 — Re-eligibility of, 204 — 
 Resignation of. 204 — Service of notice on, 265 — Signature by, of 
 minutes of proceedings of council, 266 ; of notice of meeting of 
 parish council, 265; of notice of assembly of parish meeting, 263. 
 — Term of office of, 8 
 
 meeting — Accounts of parochial charity to be laid before 
 
 parish meeting by ,1127 — Assent of to taking poll, 264 — Casting vote 
 of, 261 — Chairman of parish council to be, 192 — Convention of first 
 meeting of parish council by, 251— Decision of, as to result of 
 voting at parish meeting, 204 — in Parish not having separate parish 
 council, Casual vacancy in office of, 204 ; Election of such chairman, 
 144, demand of poll as to such election, 264 ; Incorporation of such 
 chairman and overseers, 145, power of such body corporate to hold 
 land and transfer of parish property to such body corporate, 145, 
 summary determination of question whether property is vested in 
 such body corporate, 236; Power of such chairman to levy contribu- 
 tions for expenses of parish meeting, 101 ; Qualification for the 
 office, 147 ; Re-eligibility of such chairman, 204 ; resignation of 
 such chairman, 204; draft Scheme for parochial charity to be 
 communicated to such chairman. 126 ; Service of notice to parish 
 meeting on, 264; Term of office of first chairman for such parish, 
 251 — appointment of Temporary chairman, 264 
 
 Rural district council, 154, 227 — Disqualifications for office, 192-203, 
 and see Disqualification — to be Justice of the peace, 152 
 
 Urban district council, 227 — Disqualifications for office, 192-203, and 
 see Disqualifications — to be Justice of the ptace, 152 
 
 CHARITY 
 
 Accounts of parochial charity to be laid before vestry, 136 ; substitu- 
 tion of parish meeting for vestry, 126, 127 
 
 Application of endowments of certain charities to educational purposes, 
 135 
 
 Beneficiaries of charity — Appointment of, by appointees of pariah 
 council, 126 ; provision as to, where parish is divided by Local 
 Government Act, 167, where parish is grouped, 187 ; summary 
 determination of question as to, 23 j — Publication of names of bene- 
 ficiaries of dole charities, 127 
 
 Commissioners — Appeal from order of, under Charitable Trusts Acts, 
 134, 237; under Local Government Act, 236 — Apportionment of 
 parochial charity by, on division of jtarish, 134 — Approval by, of 
 substitution of ihrte trustees for sole trustee of cnarity, 126, of 
 order of county council as to charities of parish divided by 
 Local Government Act, lt7 — Constitution of, 129, 130 — -Deter- 
 mination by. of questions as to charities under Local Govern- 
 ment Act, 236 — Diversion of fuel allotment to other purposes by 
 authority of, 48 — Establishment of scheme by, 133, 134, 135, 136"; 
 draft of scheme to be cummunicated to parish council or chairman 
 of parish meeting, 126 ; opposition to or support of scheme by 
 parish council, 126; scheme to provide for letting of land in. 
 allotments in certain cases, 50 — Leave of, to institution of legal 
 proceedings relating to charity, 132 — Local Government Board 
 to consult, before making ordir as to charity, 164 — Number of 
 additional trustees of charity to be appointed by parish council to
 
 Index. 441 
 
 CHARITY— continued. 
 
 be determined by, 126— Powers of, under Allotments Extension 
 Aet, 49, 50; under Oharit.tble Trusts Acts, 181-135; nndet 
 Endowed Schools Acts, 135 — Provision to be made by, as to charity 
 of which endowment is held for purposes that are partly ecclesias- 
 tical and partly not, 242— Sanction of, to agreement between library 
 authority and governing body of library, 81; to letting or sale oi 
 land by trustees of charity to sanitary authority under Allotments 
 Act, 370 ; to transfer of property by trustees to parish council or 
 their appointees, 125— Saving as to jurisdiction of, 126 
 
 Definition— of Ecclesiastical charity, 242— of Parochial charity, 242, 
 243 
 
 Enumeration of charitable uses in statute of Elizabeth, 128 
 
 Jurisdiction as to charities— of County courts, 131— of Court of 
 Chancery, 129, 130, 131; transfer of such jurisdiction to Chancery 
 Division of High Court, 129 
 
 Lands— letting in Allotments of land held for dole charity, 48-50 
 — Grant of, to library authority, SI — Sale, &c, of, 86, 132; 
 provisions of Chaiitahle Trusts Acts as to such sale applied to sale 
 or exchange of land by parish council in certain cases, 83 — Vesting 
 of, in official trustee, 131, 132, 133, 214; consent of churchwardens 
 and overseers or parish council as their successors not reauired, 
 211 
 
 Meaning of, in legal acceptation of term, 128, 129 ; in Charitable Trusts 
 Acts, 130 
 
 Official— Trustee of charity land, 132, 133 — Trustees of charity funds, 
 133 
 
 Property — Determination of question as to whom such property is 
 vested in, 236 — Powers of Charity Commissioners as to dealings 
 with, 132 — Transfer of, by trustees to parish council or their 
 appointees, 125 — Vesting of, in official trustees, 133 
 
 Saving with regard to, in Divided Parishes Act, 182 
 
 Summary of provisions of Charitable Trusts Acts, 129-135 
 
 Trustees — Acquisition of land by, 133 — Appointment of, by Parish 
 council, 125, 126; by Parish meeting, 126, 145; Provision where 
 parish is divided by Local Government Act, 167. where parish is 
 grouped, 1S7 ; Saving, as to elementary school, 234, as to recently 
 founded charity, 127; Summary determination of question as to, 
 236 : see also Appointment — Benefit of charity not to be enjoyed by 
 trustee, his wife or children, 127 — Local authority staud in position 
 of charity trustees, 13 — Removal of, by Charily commissioners, 133, 
 by Court of Chancery, 129 — Term of office of trustee of parochial 
 charity appointed under Local Government Act, I'll 
 
 CHEQUES of parish council, how signed, 266 
 
 CHURCH 
 
 Definition of " affairs of the church," 242 
 
 Savings with regard to affairs of the chinch, 19, 26, 27, S3, 141, 144 
 
 CHURCHWARDEN'S 
 
 Access of, to parish documents, 142 
 
 Appointment of trustees in lieu of — by Parish council, liii. 125, 12G 
 
 — by Parish meeting, 145 
 Care of closed churchyards by, 33, 34 
 Ex officio overseers, churchwardens are, 25 — churchwardens of rural 
 
 parish to cease to be, 19 
 Transfer of functions of, to parish council, 27 
 
 AND OVERSEERS 
 
 Acquisition of land by, under Pour Relief Act, 1819, and amending 
 Acts, 45, 46; transfer of functions of, in this behalf, to guardians, 
 46,47
 
 442 Index. 
 
 CHURCHWARDENS AND OVERSEERS— continued. 
 
 Allotment to, under Iuclosure Acts — of Laud for Field gardens for 
 
 labouring poor, 54 ; for Fuel and other public purposes, 57 ; for 
 
 Recreation ground, 53 — of Village greens, 52 
 Consent of, to vesting order dealing with legal estate of property vested 
 
 in them not required, 211 
 Conveyance to, of recreation ground purchased under Commonable 
 
 Eights Compensation Act, 57 
 Holding of land by, as quasi corporation, 25, 26 
 Letting of land by, in conjunction with trustees and vestry, under 
 
 Allotments Act, 1832.. 46 
 Report by, to Board of Agriculture as to recreation ground held by 
 
 them, 53 
 Transfer — of certain Functions of, to parish council, 27, contraction of 
 
 enactments relating to such functions, 212 — of Property vested in, to 
 
 parish council, 19, to chairman of parish meeting and overseers in 
 
 parish not having parish council, 145 
 
 See also Overseers 
 
 CHURCHYARDS, care of closed, by churchwardens, 33, 34; transfer of 
 functions of churchwardens to parish council, 27 
 
 CHRISTMAS DAY, provision for care where any thing is required to be 
 done on, 23S 
 
 CLEAR, import of term "clear" in expressions referring to time, 239 
 
 CLERK OF 
 
 County council, duties of, as to registration of electors, 191, 259 
 Guardians to convene first meeting of parish council on default of 
 
 chairman of parish meeting, 251 
 Parish council — Appearance of parish council by, in legal proceedings, 
 266 — Appointment of, 141 — Deposit of documents with, under stand- 
 ing orders of parliament, 141 — Existing vestry clerk to act as, 254 
 Rural district council, parish council acting as parochial committee to 
 
 have services of, 141 
 Town clerk, duty of as to registration of electors, 191 
 Vestry clerk — Appointment of, 142; parish council not to make 
 appointment, 141 — Existing vestry clerk to become clerk of parish 
 council, 254 
 
 CLOSED CHURCHYARD, care of, by churchwardens, 33, 34, transfer 
 of functions of churchwardens to parish council, 27 
 
 COLLECTOR OP 
 
 Highway rate, 119 
 
 Poor rate — Appointment of, by guardians, 24 — Employment of, as clerk 
 
 of parish council, 141 
 Separate rate under Public Health Act, remuneration of, 33 
 
 COMMITTEE 
 
 County Council — Appointment of standing committee by, for purposes 
 of acquisition of land on behalf of parish council and of allotments, 
 97, 386, 387 — Delegation of powers of, under Local Government Act, 
 to committee, 258 
 
 District Coimcil — Appointment of committee by, 216 — Minutes of 
 such committee, 266, 267 — Proceedings of such committee, 267 
 
 Joint Committee — of County councils, Complaint by parish council 
 to be referred to, in certain cases, 233 ; Copy of order of to be sent 
 to Local Government Board and, in some cases, to Board of Agri- 
 culture, 237; Exercise by, of powers of county council as to adjust- 
 ments where alteration of area is effected by Local Government Act, 
 235, as to alterations of area, 168, as to number, election, and retire- 
 ment of guardians and rural district councillors, 150, 228 ; Report of
 
 Index. 443 
 
 COMMITTEE— continued. 
 
 boundary commissioners to be laid before, 1G8 — of District and Pariah 
 councils, appointment of, and delegation of powers to, 217, 218; 
 Accounts of such committee, 218 ; appointment of such committee 
 fur execution of Adoptive Acts in certain cases. ^14, parish meeting 
 of parish not having parish council may appoint members of BUcE 
 committee, 215 
 
 Parish council— Appointment of committee by, 21G, for part of parish 
 with independent rights, 210, 217 — Minutes of such commit!, e, 
 266, 267 — Proceedings of such committee, 267 
 
 meeting of parish not having separate parish council, appoint- 
 ment of committee by, 144 ; demand of poll as to appointment or 
 approval of acts of such committee, 264 
 
 Parochial committee — Appointment of, 137, 13S — Delegation of 
 functions of, to parish council, 137 ; council to have services of clerk 
 of district council in such case, 141 — Parish councillors to be 
 members of, in certain cases, 137 
 
 Transfer of functions of statutory committee for management of allot- 
 ments to parish council, 18 
 
 Trustees or vestry — Appointment of committee by, for management 
 of allotments under Poor Allotments Management Act, 47, 48; 
 appointment by Board of Agriculture on default of trustees or vestry, 
 48 — such committee are " Trustees " within Allotments Extension 
 Act, 49 
 
 Use of schoolroom or room maintainable out of local rates for purposes 
 of committee under Local Government Act, 17, 18 
 
 COMMON PASTURE 
 
 Expression " allotments " in section nine of Local Government Act 
 
 includes, 90 
 Provision of, under Allotments Act, 370 
 
 COMMONABLE RIGHTS COMPENSATION ACT, purchase of 
 recreation ground under, 56, 57 
 
 COMMONS 
 
 Application to Board of Agriculture as to — by Parish council, 82, S4 — 
 
 Notification of such application, to district council, 158, to parish 
 
 council, 83 
 Powers of district council as to, 15S, 160 
 Inclosure and regulation of, 51, 52 
 
 COMPENSATION TO 
 
 Commoners under Lands Clauses Acts, &c, application of, 56, 57 
 Existing officers, 255-257 
 Outgoing tenant of allotment, 35S-360 
 
 COMPLAINT TO 
 
 County council — by Parish council on default of district council, as 
 to allotments, 90, 93, 386; as to protection of rights of way or 
 roadside wastes, 158, as to repair of highway, enforcement of Public 
 Health Acts, sewers, or water supply, 138, 139 — by Parish meeting, 
 145 ; demand of poll as to such complaint, 264— by Parliamentary 
 electors on default of district council as to allotments, 386— Bfifetf 
 of complaint to joint committee of county councils in certain cases, 
 233— consequences of Transfer of functions of district counc il to 
 county council upon such complaint, in case of allotments, 3S7-389, 
 in other cases, 232, 233 
 Local authority as to obstructive building, 61 ; by parish council, 27 
 
 government board on default of sanitary authority, 140 
 
 Medical officer of health as to unhealthy houses, 61, by parish 
 council, 27
 
 444 Index. 
 
 COMPOSITION WITH CREDITORS, disqualification for office by 
 reason of, 193, 197 
 
 COMPULSORY HIRING of land for allotments 
 
 Application — to compulsory Hiring, of provisions of Local Government 
 
 Act as to compulsory purchase, 97 — by Parish council for order 
 
 authorizing compulsory hiring, 97 
 Arbitration — on Commencement of tenancy, 98— on Determination of 
 
 tenancy, 99 — on Resumption of land by landlord for mining 
 
 purposes, 100 
 Deposit of award of arbitrator with parish documents, 98 
 Lands and rights|in land which are not to be hired compulsorily, 99 
 Letting of the land in allotments, 98, 99 
 Order for compulsory hiring, provisions to be contained in, 99 
 Period of the tenancy, 97 
 
 Report by Local Government Board as to proceedings, 100 
 Resumption of land by owner for mining purposes, 99, 100 
 
 PURCHASE OF LAND FOR ALLOTMENTS 
 
 OR FOR PURPOSES OF PARISH COUNCIL, 87-97, 
 
 362-364 
 Adoptive Acts, compulsory acquisition of land for, by parish council, 
 
 "whether authorized, 03 
 Appeal against making or refusal of order by county council, 88 
 Application to county council — as to land for Allotments, 362 — as to 
 
 land for Purposes of parish council, 87 
 Arbitration as to disputed compensation, S9, 94, 95, 3G3 
 Assurance of land to parish council in certain cases, 90 
 Common pasture included in expression " allotments," 90 
 County borough, purchase of land for allotments by, 90, 371 
 Duty of county council, 87, 88 
 Expenses of county council, 90, 92, 389 
 Inquiry — by County council, S8 ; powers and duties of persons holding, 
 
 89, 97 — by Local Government Board, 88 ; powers and duties of 
 
 persons holding, 89, 95-97 
 Landowners' interests to be regarded, 94, 363 
 Lands and rights in land which are not to be taken. 91, 363 
 Order authorizing compulsory purchase — Effect of, 89, 90, 94 — Execu- 
 tion of, 89— Making &c. of, 88, 89 
 Outline of procedure — where land required for Allotments, 92-94 — for 
 
 Purposes of parish council, 90-92 
 Report by Local Government Board of proceedings, 100 
 Right of way, compulsory acquisition of land for, by parish council not 
 
 authorized, 90 
 Sale or exchange of superfluous land, 95, 369, 370 
 Standing committee of county council, 97, 386, 387 
 Water supply, compulsory acquisition of laud for, by parish council 
 
 not authorized, 90 
 
 COMPUTATION OF TIME, 23S-241 ; under Municipal Corporations 
 Act, 321 
 
 CONSTABLES, PARISH, 32 
 
 CONTINUANCE IN OFFICE OF 
 
 Existing members of boards of guardians, sanitary authorities, and 
 highway boards, 252 
 
 Retiring members of authority in event of failure to fill vacancies at 
 election — of Borough councillors, 301 ; application of Municipal 
 Corporations Act in this respect to district councillors, guardians 
 and members of the local board of Woolwich and metropolitan 
 vestries, 205 — of Parish council, 203
 
 Index. 445 
 
 CONTRACT 
 
 Delegation of power to make, to committee of district council pro- 
 hibited, 21G 
 
 Disqualification for membership of authority by reason of contract 
 with authority, 193, 197-201 — Exception with regard to certain 
 contracts, 193, with regard to interest in lease, 193, 201 — Removal 
 of disqualification by county councils as regards parish councillor. 
 193 
 
 Formalities required in contract with corporation, 13-1G 
 
 Saving with regard to existing, 201 
 
 Surveyor of highways, contracts of, 119 
 
 CONTRIBUTIONS 
 
 Power to obtain — of Chairman of parish meeting, 101 — of County 
 
 council, 40, 41— of Guardians, 103, 104 — of Parish council, 101 
 Saving with regard to precept for, made before appointed day, 2G0 
 Valuation list determines proportion of contribution from parishes to 
 common fund of union, 34 
 
 CONTRIBUTORY PLACE 
 
 Area forming, 138 
 
 Expenses under Local Government Act charged on, may be raised as 
 
 general expenses by direction of Local Government Board, 161 
 Expression " parish " in Allotments Act means, 371 
 Formation of, 138 
 Highway expenses may be charged on, in certain cases, 161 
 
 CONVENTION OF 
 
 Assembly of parish meeting, 192, first assembly, 251; of parish 
 
 meeting for part of parish. 209 
 Meeting of parish council, 265 ; first meeting, 251 
 
 CORPORATION 
 
 Chairman of parish meeting and overseers, in parish not having parish 
 
 councils, incorporated, 145 
 Churchwardens and. overseers constitute, for certain purposes, 
 
 25 
 Contract with, when binding if informally made, 13-16 
 Expression "person" includes, in Local Government Act, 245, in 
 
 certain other enactments, 247-249 
 Liability of, in respect of wrongful acts, 16 
 Municipal, saving for style of, 152 
 Nature of, 13 
 
 Parish council incorporated, 8 
 Rural district council incorporated, 155 
 
 CORRUPT AND ILLEGAL PRACTICES PREVENTION 
 
 ACT, 324 
 Application of portions of. to municipal elections and elections under 
 
 Local Government Act, 324 
 Conviction of illegal practice on indictment for corrupt practice. 6lb 
 Defendant or husband or wife of defendant may give evidence. 32*3 
 Definitions, 330, 331 : and see Definitions 
 Disqualifications arising on conviction under, 324, 32.) ; removal ot 
 
 disqualification where witness convicted of perjury, 32.) 
 Duties of director of public prosecutions, 325, 328, 329 
 Exercise of jurisdiction of High Court, 328 
 Limitation of time for proceedings, 326 
 Obligation on witness to answer incriminating question, 329 
 Procedure on prosecutions, 3'26, 321 
 Punishment of corrupt practice, 324 
 Report of election court or commissioners to be submitted to Attorney 
 
 General, 330
 
 446 Index. 
 
 CORRUPT AND ILLEGAL PRACTICES PREVENTION 
 AC T — continued. 
 Rules of Supreme Court, 32S 
 
 Summary prosecution before election court, 32S, before justices, 327 
 Trial of indictment for corrupt practices, 325 
 
 PRACTICE 
 
 Bribery — Defined, 305, 354, 355 — Discussed, 334-336 
 
 Definition of, 332 
 
 Disqualifications of person guilty of — on Conviction, on indictment, 
 324, 325, 332, on prosecution before election court, 347 — Removal of 
 disqualification on conviction of witness for perjury, 325 — Prohibi- 
 tion of voting by disqualified persons, 35G — on Report of election 
 court, 356 
 
 Personation — Defined, 355— Discussed, 336 
 
 Prohibition of voting by guilty persons, 344 
 
 Punishment of, 324, 332 
 
 Striking off of votes affected by, on scrutiny, 306, 318 
 
 Treating — Defined, 355 — Discussed, 333 
 
 Undue influence — Defined, 355 — Discussed, 333, 331 
 
 See also Corrupt and Illegal Practices Prevention Act, Municipal Elec- 
 tions {Corrupt and Illegal Practices) Act 
 
 COSTS, definition of, 246 
 
 COUNSEL not in general to be heard at inquiry or arbitration aa to 
 acquisition of laud for allotments or purposes of parish council, 89 
 
 COUNTING OF VOTES, 274, 289, 290 ; use of schoolroom or room 
 maintainable out of local rate for, in case of election under Local 
 Government Act, 205, 278 : see also Ballot Act 
 
 COUNTY 
 
 Administrative county — Boundaries of, 373, 374 — Definition of, 244 
 — Parish partly within and partly without, to be considered by 
 county council, 166 ; division of such parish not effected by Local 
 Government Act, 170 — Rural sanitary district partly within and 
 partly without, to be considered by county council, 166 ; division of 
 such district by Local Government Act, 154, 175, 176 
 
 Allotments Act, provisions of, as to parish or district in two or more 
 counties, 371 
 
 Alteration of boundaries of, 376, 377, for purposes of Local Govern- 
 ment Act, 1894.. 167 
 
 Area of local government partly within, alteration of, 376 
 
 Definition of — in Divided Parishes &c. Act, 1S3 — in Local Govern- 
 ment Act 18SS . . 244— in Local Government Act 1894 . . 243 
 
 Electoral divisions of, 375 ; alteration of electoral divisions, 376 
 
 Entire county, definition of, 244 
 
 Group of parishes to be in general comprised in one county, 186, 187 
 
 AUTHORITY 
 
 County council are — for purposes of Allotments Act, except as 
 regards county borough, 371 — for purposes of Highway's &c. Act, 
 1878, 162 
 
 Local Government Board are, for purposes of Allotments Act, as 
 regards county borough, 371 
 
 COUNTY BOROUGH 
 
 Alteration of boundaries of, 376, 377 
 
 Constitution of, 376 
 
 Expression "county" in Local Government Act, 1S94, includes, 243; 
 
 expression "county district" does not include, 152 
 Guardians, provisions of Local Government Act as to, apply in county 
 
 borough, 162
 
 Index. 447 
 
 COUNTY BOROUGH— continued. 
 List of county boroughs, 374 
 Local Government Board empowered to confer certain functions on 
 
 council of, or other representative authority in, 163, 1G4 
 Parish partly within county borough and partly within neighbouring 
 
 urban sanitary district, whether divided by Local Governm* i,t Act, 
 
 170 
 Part II of Local Government Act generally inapplicable to, 165 
 
 COUNCIL 
 
 Acquisition of land by, for allotments, 90, 371 
 
 Expression " county council " in Local Government Act, 1894, in- 
 cludes, 243; expression '"district council" does not include, 152 
 Local Government Board empowered to confer certain functions on, 
 
 163, 164 
 Powers of county council, how far enjoyed by, 374 
 Protection by of rights of way, commons and roadside wastes, 159 
 Transfer to, of certain functions of justices and of quarter sessions, 
 1G0, 163 
 
 COUNCIL 
 
 Adjustment by, upon alteration of area effected by Local Government 
 Act, 235 ; with regard to charities and parish documents, 167 
 
 Alteration of boundaries by, 166-177, 378-381 — of area in which 
 Adoptive Acts are in force, 214 — Directions of county council with 
 regard to registration of electors in connection with such alteration, 
 259 — Simplification of procedure in 1894, 254 — Transfer of powers of 
 county council to Local Government Board after lapse of certain 
 time, 169, 177 : See also Boundaries 
 
 Application by, to Local Government Board — for Alteration of 
 borough or county boundaries, 376 ; for purposes of Local Govern- 
 ment Act 1894, 167 — for Order conferring urban powers on rural 
 district council, 157 
 
 Ballot boxes, &c, provided for election of, to be lent to returning 
 officer for election under Local Government Act 1S94..206 
 
 Basis of county rate prepared and revised by, 40 
 
 Circular letter of Local Government Board to, 414 
 
 Clerk of, his duties as to registration of electors, 191, 259 
 
 Complaint to, on default of district council: see Complaint 
 
 Continuance by direction of, of parish situate in more than one urban 
 district, 167 
 
 Contributions by, to expenses of highway authority may be made 
 subject to condition, 156 
 
 Custody of parish documents, functions of county council as to, 142 
 
 Definition of, 243 
 
 Delegation by— to Committee, of powers under Local Government 
 Act 1S94..25S— to District council, of business affecting the district. 
 
 :.\. } 
 
 Determination by, of question— as to Charging of highway expenses 
 on particular area, 258— as to Expenses of joint committee, 218 
 
 Disqualification of married woman to vote at election of, 1S9 
 
 Dissolution by order of— of Group of parishes, 1 87 ; such order does 
 not require confirmation, 188— of Parish council, 188; such order 
 does not require confirmation, 18S 
 
 Duty of— as to Compulsorv acquisition of laud for allotments or for 
 purposes of parish council, 87, 8S: and see Com i oil. <,„■!/ himuj, < <>m- 
 pulsory purchase— to exercise their Powers for bringing Local 
 Government Act into operation, 258 
 
 Establishment of parish council by order of— upon Increase oi popu- 
 lation, 1S7, 188— Order does not require confirmation. 188— for Small 
 parish. 1, 1S7 . . , n 
 
 Expenses of, in relation to— Compulsory acquisition of land, 90— 
 Local inquiries, 238
 
 448 Index. 
 
 COUNTY COUNCIL— continued. 
 
 Grouping of parishes by, ], 186-188 
 
 Guardians, powers of county council — as to Areas for election of, 228, 
 229— as to Number of, 228, 229— as to Order of retirement of, 228, 
 229, 252— as to System of retirement of, 150 
 
 Inquiries by, in relation to compulsory acquisition of land, 97 
 
 Joint committee of county councils; see Committee 
 
 Land purchased by, for allotments or purposes of parish council to be 
 assured to parish council, 90 
 
 Lending of money by, to parish council, 105 
 
 Levy of county contributions by, 40, 41 
 
 Main roads maintainable by, 114; powers of surveyor of highways 
 vested in council in relation to main road, 123 
 
 Name to be settled by — of Group of parishes, 216 — of New parish 
 formed by division or uniting of parish by or under Local Govern- 
 ment Act, 216 — of Parish council in case of doubt, 8 
 
 New election may be directed and other provision made by — on lapse 
 of district council — on lapse of parish council, 204 
 
 Number of parish councillors to be fixed by, 7 
 
 Order of — as to Compulsory acquisition of land, 88, 89, 94, 95 : see also 
 Compulsory purchase of land — Copy of order of, to be sent to Local 
 Government Board, and, in some cases, to Board of Agriculture, 237 
 — under Part III. of Local Government Act, 1894. .176, 177 
 
 Parish meeting of parish not having separate parish council, county 
 council may confer powers of parish council on, 145 
 
 "wards, division of parish into, by count}- council, 143 
 
 Part of parish with independent rights, county council may order that 
 consent of parish meeting held for such part shall be required for 
 certain acts of parish council, 186 ; order does not require confirma- 
 tion, 188 
 
 Postponement of operation of Local Government Act as to highways 
 by, 156 ; order of postponement to provide for election of highway 
 board in interim, 259, 260 
 
 Regulations of Local Government Board as to procedure for alteration 
 of boundaries by — General regulations, 379-381 — Special regula- 
 tions for 1894, 171-175 
 
 Removal by — of Difficulties, as to elections, 206 ; as to first elections, 
 meetings, &c, 253, 254 — of Disqualification of parish councillor by 
 reason of interest in contract, 193 — of Prohibition against voting by 
 member of authority who is a shareholder in company contracting 
 with authority, 193 
 
 Report of Boundary Commissioners to be laid before, 168 
 
 Representation to — by District council unable to acquire land for 
 allotments by agreement, 362 — by Parish council unable to acquire 
 land by agreement, 87 ; by parish council unable to hire land for 
 allotments by agreement, 97 
 
 Rural district councillors, powers of county council — as to Areas for 
 election of, 228, 229— as to Number of, 228, 229— as to Order of 
 retirement of, 228, 229, 252— as to System of retirement of, 150 
 
 Sanction of — to Borrowing by parish council, 104, 105 — to Change of 
 name by district council, 216 — to Charging of highway expenses on 
 particular area, 162 — to Exercise of powers of district council as to 
 highways — to Incurring of expense involving loan by parish council, 
 101 — to Provision of common pasture under Allotments Act, 370 — 
 to Sale, &c, of superfluous land which has been acquired for allot- 
 ments or for purposes of parish council, 95, 369 
 
 Saving with regard to roadside wastes under control of, 158 
 
 Scale of election expenses to be framed by, 216 
 
 Security to be given by Treasurer of parish council under regulations 
 of, 141 
 
 Separate election of parish council for parish co-extensive with rural 
 district may be held by direction of, 167
 
 Index. 449 
 
 COUNTY COUNCIL— continued. 
 
 Separation of parish from group by, 18S 
 
 Standing committee of, for purposes of acquisition of land on behalf 
 
 of parish council and of allotments, 07, 386, 387 
 Urban district councillors, powers of county council— as to Number 
 
 of, 378 — as to system of retirement of, 153— as to distribution of, 
 
 among Wards, 378 
 Use of schoolroom or room maintainable out of local rate for purposes of 
 
 committee or officer of, 17, 18 
 
 DISTRICT 
 
 Alteration of boundaries of, 378 : see also Boundaries 
 
 Definition of — in Local Government Act, 1888.. 215 — in Local 
 
 Government Act, 1894. .152 
 
 See also Rural district, Urban district 
 
 ELECTORS 
 
 Qualifications of, 5, (3 
 Register of, 3, 4 
 
 RATE 
 
 Appeal against, 42, 43 ; transfer of functions of churchwardens and 
 overseers as to such appeal to parish council, 27 
 
 Basis of — Appeal against, 41, 42 ; transfer of functions of church- 
 wardens and overseers as to such appeal to parish council, 27 — 
 Preparation and purposes of, 39, 40 
 
 Levy of, 40, 41 
 
 Provision as to, upon alteration of parish under Divided Parishes 
 Acts, 182 
 
 COURT OF SUMMARY JURISDICTION, definition of, 248 
 
 CRIMINAL, disqualification of, for office under Local Government Act, 
 192, 19G, 202 
 
 CUSTODY OF 
 
 Parish documents, 141, 142, 143 — where Parish Divided under 
 Divided Parishes Acts, 182; by Local Government Act, 167 — where 
 
 parishes are Grouped, 187, 188 
 
 D. 
 DAYS, computation of interval of given number of, 239-241 
 
 DEBTS 
 
 Adjustment of — under Local Government Act, 188S..384, under 
 
 Local Government Act, 1894.. 234, 235 
 Duty of various authorities to liquidate, before appointed day, 2G1 
 Savings for existing, 260, 261 
 Transfer of, in conjunction with transfer of powers and dul Les, 234 
 
 DEDICATION of highway, 111, 112, 125 
 
 DEFINED BOUNDARY, meaning of expression, 1S6 
 
 DEFINITIONS IN 
 
 Allotments Act, 1887— "Allotment." 372— "Land." 372— " Parish," 
 371— "Reasonable rent," 361— "Rural district," " Sanitary autho- 
 rity," "Urban district, ' 372 
 
 Ballot Act— "Agents of the candidates," 294— " Municipal borough," 
 284— " Municipal election," 285— " Personation," 282, 355— "Re - 
 gister of voters," 294 
 
 Charitable Trusts Acts ; " charity," 130 
 
 2 G
 
 45 o Index. 
 
 DEFINITIONS IN— continued. 
 
 Corrupt and Illegal Practices Prevention Act — " Attorney- 
 General," "Committee room," 330 — "Costs,'' 331 — "Court of sum- 
 mary jurisdiction," " Election commissioners," " Election," " Election 
 court," "Election petition," "Electors," "High Court," 330 — 
 "Indictment," "Judicial office," "Licensing Acta," "Payment," 
 " Person," 330 — " Personal expenses," 331 — " Polliug agent," 
 " Public office," " Register of electors," " Registration officer," 330 — 
 " Treating," " Undue influence," 355 
 
 Corrupt Practices Prevention Act, 1854 ; " bribery," 354, 355 
 
 District Auditors Act — "Local authority," "Local rate," "Pre- 
 scribed," " Treasury," 223 
 
 Divided Parishes Acts—" County," 183—" Divided parish," 180, 
 1S1 
 
 Highway Act, 1835; "vestry," 116, 117 
 
 Interpretation Act— " affidavit," 248— " borough," 249— " Court of 
 summary jurisdiction," " Land," 248 — " Lands Clauses Acts," 91 — 
 " Local government register of electors," 3 — " Month," " Municipal 
 borough," "Oath," 24S — "Parish," 177 — "Parliamentary borough," 
 248 — " Parliamentary register of electors," 3 — " Person," 247, 249 — 
 " Summary Jurisdiction Acts," 248 — " Writing," 249 
 
 Local Government Act, 1888— " Administrative county," 244 — 
 Application of definitions to the interpretation of Local Govern- 
 Act, 1894.. 241— "Borough," 244—" Costs," 246—" County," 244— 
 " County district," "District council," 245 — "Division of a count)-," 
 244 — "Divisions of Lincolnshire," "Duties," 246 — "Entire county," 
 244— " Existing," 245— "Expenses," 246— " Guardians," 245— 
 "Highway area," "Highway authority," 2-15 — "Liabilities," 246 — 
 "Local financial year," 101 — "Main road," " Office," 246 — " Metro- 
 polis," " Parish," " Parliamentary county," " Parliamentary election," 
 '• Parliamentary voter," 244 — " Pension," 246 — " Person," " Poor 
 law union," 245 — "Powers." "Powers duties and liabilities," 
 "Property," 246 — "Rural authority," " Urban authority," 245 
 
 Local Government Act, 1894— "Affairs of the church," 242 — 
 " County," " County council," " County district," " District council," 
 152 — " Ecclesiastical charity,'' " Election," 242 — " Elementary 
 school," 243 — " Expenses," 101 — " Landlord," 100 — " Local and 
 personal Act," 243, 244 — " Parochial charity," 242 — " Parochial 
 elector," "Population," 241 — "Prescribed," "Rateable value," 243 
 — " Trustees," 242— " Vestry," 62, 243 
 
 Municipal Corporations Act — " Bank of England," 29S — 
 "Borough," 2y8, 305— " Borough civil court," 29S— " Bribery," 
 305, 355 — "Burgess," 298 — " Candidate," 305 — "Corporate land," 
 " Corporate office," " Corporate seal," " County," 29S — " Election," 
 " Election court," "Election petition," 305 — "High Court,"' "Jus- 
 tice," "Municipal corporation," "Municipal Corporations Act, 
 1835." "Municipal Corporations Acts," " Municipal election," 298 — 
 "Municipal election petition," 305 — "Overseers," " Parish," "Par- 
 liamentary borough,'' "Parliamentary election," 29S — "Parliamen- 
 tary election petition," 305 — " part," " Person," 298 — " Persona- 
 tion," 305, 355 — " Prescribed," 305 — " Schedule," " Secretary of 
 state," 298— "Treasury," 298— " Treating," 305, 355— " Trustees," 
 298— "Undue intluence," 305, 355— " Voter," 305— " Writing," 
 298 
 
 Municipal Elections &c Act, 1884: — Application to, of definitions 
 in Corrupt and Illegal Practices Prevention Act and Municipal Cor- 
 porations Act, 350 — " Corrupt practice," 332 — " Election," 350 
 
 Public Health Act — " Improvement Act district," " Improvement 
 commissioners," "Local government district," 184 
 
 Representation of the People Act, 1867, "bribery," 355 
 
 See also Interpretation
 
 Index. 451 
 
 DELEGATION" OF POWERS BY 
 
 County council to district council, 233 
 Rural district council to parish council, 157 
 See also Committee 
 
 DEMAND NOTE for rate to defray expenses of parish council or meeting, 
 form of, 101 
 
 DEPOSIT OF DOCUMENTS with pariah clerk u ider Btanding ordera 
 
 of parliament, 143 ; substitution of clerk or chairman of parish 
 council for parish clerk, 141 
 
 DEPOSITORY for parish documents, 44, 143 
 
 DISQUALIFICATIONS FOR 
 
 Membership of metropolitan district board of works, repeal of enact- 
 ment as to, 233 
 
 Office — of Assistant overseer, 24 — of Guardian, 201, 202; see also 
 below, sub tit, office under Local Government Act — of Overseer, 21 
 
 under Local Government Act (membership or chairman- 
 ship of parish council, district council, board of guardians, local 
 board of Woolwich, or metropolitan vestry ; or office of auditor for 
 London parish) — of Alien, 192— of Bankrupt, 193; cesser of the 
 disqualification, 193, 194, 196 — by reason of Composition with 
 creditors, 193, 197 — by reason of interest in Contract, 193, 197-201 ; 
 exception in favour of certain contracts, 193, 201 ; removal of dis- 
 qualification as regards parish councillor by county council, 193 — 
 disqualification for office of Guardian extended to office of rural 
 district councillor, 194 — of Infant. 192 — Penalty for acting when 
 disqualified, 194, 203 — by Punishment on conviction for crime, 
 192, 196 — by receipt of Union or parochial relief, 192, 194-196 — 
 Vacation of office by person becoming disqualified, 194, 202, 203 
 
 Public Office — of person found guilty of Offences connected with 
 elections, 202— upon conviction under Public Bodies Corrupt 
 Practices Act, 202 
 
 Registration as elector — of Married women for purposes of local 
 government elections, 6; removal of the disqualification for pur]' isi a 
 of Local Government Act, 189 — of persons found guilty of Off 
 connected with elections, 192, 318; prohibition of voting by such 
 persons, 192, 318, 356— of Women for purposes of parliamentary 
 election, 5 
 
 DISSOLUTION OF 
 
 Group of parishes, 187— Notice of parish meeting to discuss, 263— 
 
 Order for, does not require confirmation, 188 
 Parish council, 18S — Notice of parish meeting to discuss 263— Order 
 
 for, does not require confirmation, 18S 
 
 DISTANCES, measurement of, 250 
 DISTRICT AUDITORS: see Audit. 
 BOARD OF WORKS 
 
 Chairman of, 163 
 
 Qualification of members of, 162 
 
 Repeal of enactment as to disqualification of members 1 . 20 
 
 COUNCIL 
 
 Accounts of, audit of such accounts, 218, 219; see Aud t 
 Allotments, functions of district council as to: see Allotmmtt ; 
 
 Allotments Act, 1887; Allotment* Act, L890 
 Alteration of number of members of, or their app rtionmenl am 1 ig 
 
 wards, 27S, 378 
 
 2 q 2
 
 452 Inicx. 
 
 DISTRICT COUNCIL— continued. 
 
 Application to, of provisions of Municipal Corporations Act as to 
 expenses of elections, acceptance of office, resignation, ineligibility 
 of holders of office and casual vacancies, 205 : see also Municipal 
 Corporations Act 
 
 Chairman of, to be justice of peace, 152 
 Change of name of, 216 
 
 Committees of, 216, 217 — Minutes of such committees, 26G, 267 — 
 Proceedings of such committees, 267 
 
 Complaint to county council on default of : see Complaint 
 
 Definition of — in Local Government Act, 1SSS. . .245 — in Local Govern- 
 ment Act, 1894.. 152 
 
 Delegation to, of functions of county council, 233 
 
 Disqualifications for membership of, 192-203 : see also Disqualifica- 
 tions 
 
 Duties of — as to Exercise of their powers generally, 139 — Saving with 
 regard to duties of, 83 — as to Sewers, 139 — as to "Water supply, 
 139, 140 
 
 Election of, 204-206 : and see Election 
 
 Expenses of inquiry by county council held upon application of, to be 
 defrayed by, 238 
 
 Joint committee, concurrence of district council with other bodies in 
 appointment of, 217, 218 — Minutes of such committee, 266, 267 — 
 Proceedings of such committee, 267 
 
 Lapse of, powers of county council in such case, 227 
 
 Meetings of, 227 — Convention of first meeting, 253 — not to be held on 
 premises Licensed for sale of intoxicating liquor if avoidable, 229 
 
 Notification to, of application to Board of Agriculture in relation to 
 common, 158 
 
 Officers of authority whose functions are transferred to, to become 
 officers of, 254 
 
 Protection by, of public rights of way, roadside wastes, and commons, 
 157-160 
 
 Removal of difficulties as to first election meeting, &c, of, 253 
 
 Summary determination of question whether functions are transferred 
 to, or property vested in, 235, 236 
 
 Transfer to, of certain functions of justices and quarter sessions, 160 
 
 Use of schoolroom or room maintainable out of local rates for purposes 
 of candidate for membership of, or of committee or officer of, 17, 18 
 
 DIVERSION OF HIGHWAY 
 
 Consent of parish and district council required for 110 ; parish meeting 
 may negative such consent, 110 ; parish meeting substituted for 
 parish council in parish not having parish council, 145 
 
 Proceedings for — under Highway Act, 1835.. 120-123 — under Other 
 statutes, 123, 124 
 
 Statutory authority required for, 120 
 
 DIVIDED PARISHES ACTS, 1S0-183 
 
 DIVISION OF 
 
 County, 3i6 
 
 County district, 378 
 
 Parish — by County council, 37S ; for purposes of Local Governmf nt 
 Act, 1894 . . 168, 176— by Local Government Act, 1894 . . 2, 167, 175 ; 
 Adjustment in case of such division, 235 ; Appointment of bene- 
 ficiaries and trustees of charity in new parishes, 167 ; Custody 
 of parish documents in new parishes, 167 ; Existing officers of 
 original parish continued in office, 254, 255 ; one Guardian or rural 
 district councillor to be elected for each new parish, 251 : Names 
 of new parishes, 269 ; Overseers of original parish continued in 
 office, 253 ; new parishes to continue i i original Union, 168 ; existing 
 Valuation list of origina' parish continued in force, 260 — by Local
 
 Index. 453 
 
 DIVISION OP— continued. 
 
 Government Board, 180-183; into Parish wards, 143, 144; before 
 appointed day, 258— into Wards for election of guardians or rural 
 district councillors, 228, 229 
 Rural sanitary district situate in more than one county, 154, 175, 176 — 
 Adjustment upon such division, 235 — Continuance in office of 
 existing officers of district, 254, 255 
 
 DOCUMENTS 
 
 Custody of parish documents, 141-143— where parish Divided, under 
 Divided Parishes Acts, 182, by Local Government Act, 107 — where 
 parishes are Grouped, 187 — Order of county council as to, does 
 not require confirmation, 188 
 
 Deposit of, with parish clerk under standing orders of parliament, 143; 
 clerk or chairman of parish council substituted for parish clerk, 141 
 
 Inspection — of Parish documents, 142— of documents under control 
 of Parish council or meeting, 219 — of documents uuder control of 
 Rural district council, 219 
 
 Provision of depository for parish documents, 44 
 
 DOLE CHARITIES 
 
 Diversion of, to educational purposes, 135 
 
 Letting in allotments of lands held lor purposes of, 4S-50 
 
 Publication of names of beneficiaries of, 127 
 
 DRAINAGE, powers of parish council as to, S5 
 
 DUCHY OF LANCASTER 
 
 Sale of lands belonging to — for Allotments, 3G2, 3G3 — to Pr.rish council, 
 87,91 
 
 DUTIES 
 
 Construction of statutory provisions as to discharge of, 249 
 Definition of, 246 
 
 E. 
 
 ECCLESIASTICAL CHARITY 
 
 Definition of, 242 
 
 Savings with regard to, 19, 26, 27, 83, 125, 126, 141, 144 
 
 EDUCATION DEPARTMENT 
 
 Application to, for formation or dissolution of school board, 213, by 
 
 parish council, 211 
 Determination by, of question as to use of school house uuder Local 
 
 Govern ment Act, IS 
 
 ELECTION 
 
 Allotment managers, election of, under Allotments Act, 3l!7, 368 
 Allotments, election of wardens, committee, or managers for, not to be 
 
 held for parish with parish council, 28 
 Baths and wash houses commissioners, election of, 67 
 Burial board, election of, 74 
 
 Casual vacancy, election to fill: see Casual vacancy 
 Conclusiveness of register for purposes of, 189, 191, 192 
 Corrupt and illegal practices at, 208 : see aho Corrupt and Illegal 
 
 Practices Act ; Corrupt practice ; Illegal ; Municipal Elections, &c, Act 
 County council may order holding of — on lapse of District council, 
 
 227, 228 - on lapse of Parish council, 204 
 Declaration of result of, 274, 276, 292 
 Definition of, 242
 
 454 In lex. 
 
 ELECTIOM"-- continued. 
 
 Elections regulated by rules framed under Locnl Government Act — 
 Application to, of Ballot Act, of Municipal Elections (Corrupt and 
 Illegal Practices) Act and portions of Municipal Corporations Act, 
 205— Removal of difficulties respecting election of individuals, 206 — 
 Rules to make certain provisions, 204, 205 — Scale of expenses to be 
 framed by county council, 206 — Use of ballot boxes, &c, belonging 
 to public authority, 206 
 
 Expenses — of election of Borough councillor, 320 — of elections under 
 Local Government Act, 205; rules may make provision as to, in 
 case of guardians, 205 — Scale of, 205 
 
 First elections under Local Government Act — Date for, 25S — Existing 
 authorities to take measures for, 251 — Removal of difficulties as to, 
 253 
 
 Guardians, election of, 1-49 — Districts or other subdivisions of union 
 under local Act to be in position of parishes for purposes of such 
 election, 229 — Existing arrangements as to expenses of such elections 
 may be continued, 206 — Ordinary election of guardians not to be 
 held before appointed day, 252 
 
 Highway board, election of, 120 — Further elections, except for filling 
 casual vacancies, not to be held, 252 — Order of county council 
 postponing operation of Local Government Act as to highways may 
 provide for further elections, 259, 260 
 
 Irregularities at, effect of, 280, 281 
 
 Lighting and watching inspectors, election of, 65 
 
 Library authority, election of, 80 
 
 Marriage not to disqualify -woman for voting at election of local autho- 
 rity for purposes of Local Government Act, 189 
 
 Metropolitan vestry, election of, 162, 163 
 
 Parish councillors, election of — Attendance and interrogation 
 of candidate at parish meeting, 264 — Continuance in office of 
 retiring councillors if vacancies not filled, 203 — Division of parish 
 into wards for purposes of election of, 143, 144— Number of votes 
 of each elector, S — to be at Parish meeting or poll consequent 
 thereon, 204 — Parochial electors to be voters for purposes of, 7 — to 
 be regulated by Rules framed by Local Government Board, 7, 8 — 
 Saving for validity of proceedings of council notwithstanding defect 
 in election, 266 
 
 Petition against ; see Municipal election petition. 
 
 Poll, conduct of, 274 : see also Ballot Act 
 
 Rural district councillors, election of, 154 
 
 Urban district councillors, election of, 153 
 
 sanitary authority, no further election of, except for filling 
 
 casual vacancies, to be held, 252 
 
 Woolwich, local board, election of, 162, 163 
 
 ELECTORAL DIVISIONS of county, 375 ; alteration of such divisions 
 36 
 
 ELEMENTARY SCHOOL 
 
 Acquisition of land for purposes of, under School Sites Acts, 212 
 
 Definition of, 243 
 
 Saving as to trusteeship, management and control of, 254 
 
 EMIGRANT RUNNERS 
 
 Licensing of, 398-402 ; Transfer of powers of justices as to licensing of, 
 to district council 160; to county borough council, 163 
 
 EMPLOYMENT of paid workers for purposes of election, 340, 341 
 
 ENCROACHMENT on roadside wastes, duty of district and county 
 borough councils to prevent, 157-159 
 
 ENDOWED SCHOOLS ACTS, 50
 
 Index. 455 
 
 ENTIRE COUNTY, definition of, 244 
 
 ENUMERATION of charitable uses, in statute of Elizabeth, 128 
 EXCUSE for corrupt or illegal practice, 312, 343 
 EXHAUSTED PARISH LAND, sale, &c, of, 59, 60, 213 
 
 EXISTING 
 
 Assistant overseer, to become officer of parish council in certain 
 
 cases, 354 
 Definition of the expression, 245 
 Officers — Compensation to, for loss of office, &c, 255-257 — of Parish or 
 
 Rural district divided by Local Government Act, to hold office for 
 
 each new parish or district, 254, 255 — Tenure of office by, 254 — 
 
 Transfer of, to new authority, 254 
 Vestry clerk, to be clerk of parish council, 254 
 
 EX OFFICIO 
 
 Chairman of metropolitan vestry abolished, 1G2. 163 
 Guardians abolished, 149 ; chairman, vice-chairman and additional 
 members to be chosen from among persons who have been ex officio 
 guardians in certain cases, 150 
 Members of urban sanitary authority abolished, 153 
 Overseers, churchwardens are, 25 ; to cease to be in rural parish, 19 
 
 EXPENDITURE BY LOCAL AUTHORITY 
 
 Duty of auditor to disallow expenditure for unauthorised purpose, 13 
 Lawfulness of expenditure in discharge, of informal contract, 15, 16 
 Power of Local Government Board to permit expenditure for purposes 
 
 otherwise unauthorised, 102 
 Unlawfulness of expenditure on unauthorised purpose, 13 
 
 EXPENSES OF 
 
 Baths and washhouses commissioners, 6S 
 
 Burial board, 77 
 
 Commissioners under Public Improvement Act, 78, 79 
 
 Compensating existing officers, 255 
 
 County council — about Acquisition of land for allotment or purposes 
 of parish council, 90, 3S9, 390 — incurred in Exercise of functions of 
 district council transferred to them, 232 — about Local inquiry, 238 
 
 Elections — of Borough councillors, 310 — of Guardians, 209; existing 
 arrangements as to, may be continued, 206 — under Local Govern- 
 ment Act, 205. 206 ; scale for such expenses, 206 
 
 Execution of adoptive Acts — Consent of parish meeting substituted 
 for consent of vestry as regards, 62 — -Exclusion of, in computing 
 limit on expenditure of parish council, 99 — Inclusion of in com- 
 puting limit on expenditure of parish meeting, 145 — where area 
 under Acts not wholly comprised in Rural parish, 214 — Saving with 
 regard to incidence of, 63 
 
 Joint committee of parish and district council, 182 
 
 Legal proceedings by local authority, 102 
 
 Library authority, 79, SO, 81. 82 
 
 Lighting and watching inspectors, 66 
 
 Local Government Board in respect of proceedings under Local 
 Government Aci, 237 
 
 Opposition to bill in parliament by local authority, 102 
 
 Overseers — on Rating appeals, 38 — under Union Assessment Acts, 
 233 
 
 Parish council, 100,101 — Highway expenses not to be deemed ex- 
 penses of parish council, 254 — Signature of cheques for payment of, 
 266
 
 456 Index. 
 
 EXPENSES OF— continued. 
 
 Parish, meeting — Demand of poll as to incurring, 264— Discharge of 
 by parish council, 101 — Highway expenses not to be deemed ex- 
 penses of parish meeting, 25-4 — Levy of contributions to meet, in 
 parish not having parish council, 1C1 — Limitation of amount of rate 
 to meet, in parish not having parish council, 145, 146 
 
 Rural district council, 161— as to Highways, 161, 162; power to 
 charge expense of putting highways in repair, before they are taken 
 over, on highway parish in certain cases, 258 
 
 Sanitary authority, under Allotments Act, 368, 369 ; where expense 
 is incurred on behalf of two or more parishes, 371 
 
 Urban district council, under Local Government Act, 161 
 
 EXPERT WITNESSES not in general to be heard on inquiry or nrb : - 
 tration as to acquisition of land for allotments or purposes of parish 
 council, 89 
 
 EXTENT of Local Government Act, 250 
 
 EXTRA PAROCHIAL PLACES, 17S, 179 
 
 F. 
 
 FAIRS 
 
 Abolition of, and alteration of days for holding, 402-404 ; transfer of 
 powers of justices as to these matters to district councd, 160, to county 
 borough council, 163 
 
 FIELD GARDENS 
 
 Adaptation to purposes of, of land allotted for labouring poor under 
 
 Inclosure Acts, 54 
 Allotment of land for, under Inclosure Act?, 52, 53 
 Application — of Rents of — of Rent of herbage of recreation ground 
 
 towards improvement of, 53 
 Appropriation of fuel allotments for purposes of, 48 
 Letting of allotments provided under any Inclosure Act in, 54, 55 
 Management of allotment provided under earlier Inclosure Acts for, 
 
 47,48 
 Recovery — of Possession of, under Inclosure Acts, 55, 56 — of Rent of, 
 
 under Inclosure Acts, 56 
 Transfer of management of, to sanitary authority under Allotments 
 
 Act, 370 
 
 FINANCIAL STATEMENT of accounts of local authority under 
 District Auditors Act, 222, 223 
 
 FIRE ENGINES, &c. 
 
 Provision of — by Lighting and^watching inspectors, 64 — by Overseers, 
 44; transfer of powers of overseers to parish council, 27 
 
 FIRST 
 
 Assembly of parish meeting, 251 ; removal of difficulties as to, 253 
 
 Chairman of parish meeting, retirement of, 251 
 
 Elections under Local Government Act, 258, 259 — Existing boards of 
 
 guardians and sanitary authorities to take measures for, 251 — • 
 
 Removal of difficulties as to, 253— Scale of expenses for, 206 
 Meeting — of District council, 253 — of Parish council, 251 — Removal of 
 
 difficulties as to such meetings, 253 
 Members of boards of guardians, district councils, local board of 
 
 Woolwich.and metropolitan vestries elected under Local Government 
 
 Act, retirement of, 251-253 
 Parish councillors, retirement of, 251 
 
 FOOTPATH, repair of, by parish council, 110, 125
 
 Index. 457 
 
 FORM OF 
 
 Accounts, to be prescribed by Local Government Board, 218 
 
 Ballot paper, 287, 295 
 
 Declaration — of Acceptance of office under Municipal Corporations 
 Act, 323 — of Inability to read, under Ballot Act, 296 — of Secrecy, 
 under Ballot Act. 296 
 
 Directions as to voting, under Ballot Act, 296 
 
 Mortgage of rates, 107, 108 
 
 Notice of appointment of overseers, to be prescribed by Local Govern- 
 ment Board, 19 
 
 Transfer of mortgage of rates, 107, 109 
 
 FRACTIONS OF DAY generally neglected in computation of time, 239 
 
 FUEL 
 
 Allotment of land for, under Inclosure Acts, 57 
 Diversion of allotments for, to other purposes, 48 
 
 Letting of land allotted for, in allotments, uncbr Allotments Act, 1832., 
 46 
 
 G. 
 
 GAME 
 
 Licensing of dealers in, 396-398 ; transfer of power of justices as to 
 sucb licenses to district council, 1G0 ; to county borough councils, 
 163 
 
 GANGMASTEES 
 
 Licensing of, 393, 394 ; transfer of powers of justices as to sucb licenses 
 to district council, 160 ; to county borough council, 163 
 
 GASWORKS, powers of vestry as to, 31, 32 
 
 GENDER, words in masculine gender in modern statutes include females, 
 247 
 
 GIFTS, power of parisb council to accept and hold, 83 
 
 GOOD FRIDAY, provision for cases where act is required tj be done on 
 238 
 
 GROUP OF PARISHES 
 
 Appointment of trustees and beneficiaries of charity in grouped 
 
 parishes, 187 
 Consent of parish meeting required to formation of, 2 
 County, group generally to be comprised in one, 1S6, 187 
 
 district, group generally to be comprised in one, 186, 1S7 
 
 Custody of parisb documents in grouped parishes, 187 
 Dissolution of, 187; order dissolving group does not require con- 
 firmation, 188 
 Formation of group, 1, 186, 1S7 ; order forming group does not require 
 
 confirmation, 1S8 
 Name of, 216 
 
 Notice of parisb meeting to consider grouping of parisb, 263 
 Separation of parish from, 187, 188 
 
 GUARDIANS 
 
 Abolition of ex officio and nominated guardians, 149 
 
 Acceptance of office by, 205 
 
 Agreement by, for purposes of adjustment, as to joint use of property 
 
 requires approval of Local Government Board, 234, 235 
 Application of provisions of Local Government Act as to, in county 
 
 boroughs and London, 102
 
 45 8 Index. 
 
 GUARDIANS— continued. 
 
 Appointment by — of Assessment committee, 34 — of Assistant over- 
 seer, 23 ; repeal of enactments authorising such appointment, 255 — 
 of Collector of poor rate, 24 — of Overseers on default of ^proper 
 authority, 209 
 Areas for election of — power of County council to alter such areas,*228 
 
 — Local Government Act does not in general alter such areas, 151 
 Casual vacancies among, 205 
 Chairman of, 150, 227 ; disqualifications for the office, 192-202 ; see 
 
 also Disqualifications 
 Circular letters of Local Government Board to, 409, 428 
 Clerk of, to convene first meeting of parish council in default of chairman 
 
 of parish meeting, 251 
 Consent of, to grant of parish property — under Literary and Scientific 
 
 Institutions Act, 212 — under School Sites Acts, 212 
 Definition of expression " guardians," 245 
 
 Disqualifications for the office, 192-202; see also Disqualifications 
 Districts for election of, in union under Local Act to be in position of 
 
 parishes, 229 
 Election of, 149 ; see also Election 
 
 Existing guardians — Continuance in office and retirement of, 252 — 
 Measures to be taken by for, conduct of first elections under Local 
 Government Act, 253 
 Expenses — of Election of, 205, 206, 209 — Incurred by, in payment of 
 
 compensation to existing officers, 255 
 Levy of contributions by, 103, 104 
 
 Meetings of, 227 — not to be held on premises Licensed for sale of 
 intoxicating liquor if avoidable, 229 — Removal of difficulties as to 
 first meeting under Local Government Act, 253 
 New parishes formed where parish is divided by Local Government 
 
 Act, each to elect one guardian, 251 
 Notification to, of appointment of overseers, 19 
 Number of — may be Altered by county couucil, 228 — in general 
 
 Unaltered by Local Government Act, 151 
 Petition by, against order of county council as to areas, 1GS 
 Proceedings of, 227 
 Qualification of, 149, 151 
 Re-eligibility of, 205 
 Resignation of, 205, 208 
 
 Retirement of, 150 — power of County council to determine rotation, 
 22S — retirement of First guardians elected under Local Government 
 Act, 251, 252 
 Rural district, guardians as such not to be elected for area in, 154 
 
 . council entitled to use board room and offices of, 227 
 
 councillors to represent their parish on board of, 154 
 
 Sale, &c, of parish property by — under Open Spaces Act, GO — under 
 
 Acts relating to Relief of the poor, 57-59— under Sale of Exhausted 
 
 Parish Lands Act, 60 — Transfer of powers of guardians to parish 
 
 council, 27 
 
 Saving — with regard to functions of, under Local Acts, 229— as to 
 
 Oxford guardians, 229 
 Selection of additional guardians by board of guardian?, 150 
 Term of office of, 149 ; in case of first guardians elected under Local 
 
 Government Act, 251, 252 
 Transfer to, of functions of churchwardens and overseers as to acquisi- 
 tion of land, &c, under Poor Relief Act, 1S19, Allotments Act, 1832, 
 and amending Acts, 46, 47 
 Vacation of office by, for absence from meetings, 194 
 Vice chairman of, 150, 227
 
 Index. 459 
 
 H. 
 
 HARBOUR, continuance of Improvement Commissioners having powers, 
 &c, as to, 233 
 
 HIGH COURT 
 
 Appeal to — by way of certiorari against Auditor's decision, 220, 224, 
 226 — against order of Charity commissioners, under Charitable 
 Trusts Acts, 134, 136, 237 ; under Local Government Act, 236, 237 
 Removal of appointment of overseer into, by certiorari, 32 
 Summary determination by, of question as to transfer of functions or 
 vesting of property, 235, 236 
 
 HIGHWAY 
 
 Acts — Appointment of committee for purposes of, by district council, 
 
 216 — Summary of provisions of, 112-114 
 Adoption of road as highway repairable at public expense, 122, 118, 
 
 119 
 Appointed day for purposes of highways where transfer of functions of 
 
 highway authority is postponed, 259 
 Areas — Definition of "highway area," 245 — Effect of alteration of 
 
 parish boundaries under Divided Parishes Acts on, 1 SI, 182, 183 — 
 
 List of different kinds of, 114 
 Authorities — Definition of " highway authority," 245 — List of different 
 
 kinds of, 114 — Transfer of functions of, to rural district council, 155, 
 
 156; postponement of such transfer, 156; effect of postponement, 
 
 258, 259 
 Boards— Circular letter of Local Government Board to, 410 — Election 
 
 of, 120; further elections not to be held, 252, unless transfer of their 
 
 functions is postponed, 259, 260 — Establishment of, 112, 113 — 
 
 Officers of not disqualified for office of guardian, 202 — Powers of, to 
 
 charge highways expenses on particular highway parishes, 162 — in 
 
 South Wales, 114 ; circular letter of Local Government Board to, 
 
 411 
 Complaint to county council on default of district council — as to 
 
 Protection of highway from encroachment or obstruction, by parish 
 
 council, 158, by parish meeting, 145 — as to Repair of highway, by 
 
 parish council, 139, by parish meeting, 145 
 Contribution towards expenses of highway authority by county 
 
 council may be made conditionally, 156 
 Creation of, 111, 112 
 Declaration that highway is unnecessary and not repairable at public 
 
 expense, 124, 125 — Consent of parish council required for, 110 ; 
 
 power of parish meeting to negative such consent, 110 ; parish 
 
 meeting substituted for parish council where there is no parish 
 
 council, 145 
 Dedication of, 111, 112 ; subject to right of land owner to plough up, 
 
 &c, 125 
 Districts, 112, 113 ; in South Wales, 114 
 Diversion or stopping up of highway, 120-124 — Consent of parish 
 
 and district council required for, 110; power of parish meeting to 
 
 negative such consent, 110; parish meeting substituted for parish 
 
 council where there is no parish council, 145 
 Expenses — of Legal proceedings by surveyor of highways, 119, 120 — 
 
 of Repair of highways not to be deemed expenses of parish council 
 
 or meeting when transfer of functions of highway authority is 
 
 postponed, 258 
 Extinguishment of public rights over, 120 
 Foot paths, repair of, by parish council, 110, 125 
 Inhabitants of highway parish, liability of, for repair of highway, 112, 
 
 115, 116 ; transfer of the liability to parish council or parish meeting 
 
 in certain cases, 116
 
 460 Index. 
 
 HIGHWAY— continued. 
 
 Isle of Wight, highways in, 114 
 
 Main roads — Definition of " main road," 246 — Diversion or stopping 
 up of, 123 — Maintenance of, 113, 114 
 
 Meaning — of expression " Highway," 111 — of expression "Highway 
 parish," 113 
 
 Parish council — Common law liability for repair of highway trans- 
 ferred to, in certain cases, 115, 11G — Consent of, required to 
 diversion or stopping of public right of way, or declaration that a 
 highway is not repairable at public expense, 110 — Powers, &c, of, 
 where transfer of functions of highway authority is postponed, 11G — 
 Repair of footpaths by, 110, 125 
 
 meeting — Common law liability for repair of highways trans- 
 ferred to, in certain cases, 115, 116 — Consent of, required to diversion 
 or stopping of public right of way or declaration that highway is not 
 repairable at public expense, 145 ; power of parish meeting to 
 negative consent given by parish council in like cases, 110— Powers, 
 &c, of, as to highways where transfer of functions of highway 
 authority is postponed, 116 
 
 Protection of public rights over, by district council, 157-159 
 
 Rate — Appointment of collector of, 119 — -Limitation on amount of, 119 
 
 Ratione tenurse, powers of district council as to highway repairable, 
 156 
 
 Roadside wastes how far part of highway, 159 
 
 Rural district council — Expenses of in connection with highways, 
 161 ; charging of such expenses on contributory place, 161, 162 ; 
 power to charge expenses of putting highway in proper repair, 
 before taking it over, on highway parish, 25S — Transfer of functions 
 of highway authority to, 155 
 
 sanitary authority, functions of highway hoard discharged 
 
 by, in certain cases, 113 
 
 Sale of land allotted for repair of highways when exhausted, 59, 60, 
 213 ; consent of justices not to be required for, 211 
 
 South Wales, highways in, 114 
 
 Surveyor — Appointment of, 117 — Board maybe appointed to discharge 
 duties of, in large parish, 118 — Contracts of, 119 — Paid surveyor, 
 appointment of, 118 ; such surveyor to be deemed officer of appointing 
 authority for purposes of provisions of Local Government Act as to 
 existing officers, 254 — Uniting of highway parishes into district 
 under common surveyor, 118 
 
 Taking over of highway repairable by individual, 119 
 
 Urban sanitary authority are highway authority, 113 — Extension 
 of their jurisdiction to part of parish without their district, 113 ; 
 Cesser of such jurisdiction upon transfer of functions of highway 
 authority to rural district council, 156 ; Continuance of such jurisdic- 
 tion during postponement of such transfer, 156 
 
 Vestry — Definition of, in Highway Act, 1835.. 116 — Powers, &c, of, as 
 to highways, 116-119 — Transfer of their powers, to Parish council or 
 parish meeting during postponement of transfer of functions of 
 highway authority, 116, to Eural district council upon such transfer, 
 116, 157 
 
 HIRING OF LAND FOR 
 
 Allotments — under Allotments Act, 361, 363 — by Parish council, 97- 
 
 100 : see also Compulsory hiring 
 Purposes of parish council, from persons under disabilities, 91 
 
 HOME OFFICE, extract from directions of, as to Burial Acts, 72-74 
 
 HOUSING OF THE WORKING CLASSES ACT 
 
 Complaints as to unhealthy houses and obstructive buildings under, 
 61 ; by parish council, 27
 
 Index. 461 
 
 I. 
 ILLEGAL 
 
 Employment— Avoidance of election for prevalence of, 342 — what 
 Constitutes, 340— Excuse for, 343 — Prohibition of voting by guilty 
 person, 344 — Punishment for, 342 
 
 Hiring — Avoidance of electiou for prevalence of, 342— what Constitutes. 
 339, 341 — Excuse for, 343— Prohibition of voting by guilty person. 
 344— Punishment for, 342 
 
 Payment — Avoidance of election for prevalence of, 342 — what Con- 
 stitutes, 339, 340— Excuse for, 343— Prohibition of voting by guilty 
 person, 344 — Punishment for, 342 
 
 Practice— Avon! auce of election for prevalence of, 342— what Consti- 
 tutes, 337, 338, 341, 342 — Conviction of, on indictment for corrupt 
 practice— Disqualification of person found guilty, 33S, 347, 350 — 
 removal of disqualification on conviction of witness for perjury, 32.) 
 — Excuse for, 342, 343— Limitation of time for prosecution, 326 — 
 Presentation of petition alleging, 339; lime for presentation, 345— 
 Prohibition of voting by guilty person, 344, 350— Punishment of, 
 338, 347 
 
 See also Corrupt and Illegal Practices Prevention Act, Municipal Elections 
 {Corrupt and Illegal Practices) Act 
 
 ILLITERATE VOTERS, voting by, 288 
 
 IMPROVEMENT COMMISSIONERS 
 
 Continuance of, as separate body from district council, for purposes of 
 
 harbour, 233 
 Urban sanitary authority, improvement commissioners constitute, 
 184 
 
 INCLOSURE ACTS 
 
 Allotments — -under General Inclosure Acts, for Fuel, etc., 57; for 
 Labouring poor, 52-57; for Recreation grounds, 52, 53— under 
 Local Inclosure Acts, 45-50 — Transfer of such allotments by trustees 
 to parish council, 125 : see also Allotments 
 
 Alteration under — of Highways, 123— of Parish boundaries, 183 
 
 Outline of proceedings under, for inclosure or regulation of common, 
 50-52 
 
 Village greens, allotment and care of, under Inclosure Acts, 52 
 
 COMMISSIONERS, succeeded by Board of 
 
 Agriculture, 50, 51 
 
 INCUMBENT, access of, to parish documents, 142 
 
 INFANT 
 
 Disqualification of, for office, 192 
 
 Infant Life Protection Act, 404-407 ; district council to be local 
 
 authority under, 160 
 Striking off of vote of, on scrutiny in case of parliamentary or municipal 
 
 election, 191, 318; doubt whether same rule applies in case of 
 
 election under Local Government Act, 191, 192 
 
 INHABITANTS OF PARISH 
 
 Expression " vestry '" in Local Government Act includes inhabitants 
 
 whether in vestry assembled or not, 243 
 Liability of, for repair of highways, 112; transfer of such liability to 
 
 parish council or parish meetiug, 115, 116 
 
 INQUIRY BY 
 
 County council — as to Acquisition of land for allotments or purposes 
 of parish counci?, 88, 89, 97 — as to Alterations of arta, etc., 166-175, 
 378-381 ; right of parish council or meeting to appear at such 
 inquiry, 167, 168— Expenses of, 238 — Use of schoolroom and rooms 
 maintainable out of local rate for purposes of, 17, 18, 388
 
 462 Index. 
 
 INQUIRY BY— continued. 
 
 Local Government Board — as to Acquisition of land for allotments 
 or purposes of parish council, 88, 89 — Expenses of, 237, 238 — Powers 
 of persons holding, 89, 95-97, 238 — Use of schoolroom and rooms 
 maintainable out of local rates for purposes of, 17, 18 
 
 INSPECTION" OF 
 
 Accounts — of parochial Charities, 136, 137 — of District council, 219 — 
 
 of Parish council or meeting, 219 
 Documents — Deposited under standing orders of parliament, 141, 143 
 
 — under control of District council, 219 — relating to Elections, 291, 
 
 292 — under control of Parish council or meeting, 219 
 Parish documents, 141, 142 
 Registers — of Mortgages on rates, 107 — of Tenancies of allotments, 
 
 371 
 
 INSPECTORS OF LOCAL GOVERNMENT BOARD, powers 
 of, 89, 95-97, 238 
 
 INTERPRETATION OF 
 
 Act not coming into operation immediately on being passed, 250 
 Enactments — conferring Powers or imposing duties, 249 — relating to 
 
 functions Transferred to parish council, 212 
 Local Government Act, 1894.. 241-243 
 Repealing enactments, 262 
 Statutory rules, orders, &c, 249 
 See also Definitions 
 
 INTOXICATING LIQUOR 
 
 Premises licensed for sale of, not to be used — as Candidate's committee 
 room, 341 — for Meeting of authorities under Local Government Act, 
 229 
 
 IRELAND, Local Government Act does not extend to, 250 
 
 ISLE OF WIGHT 
 
 Establishment of separate county council for, 374 
 Highways in, 114 
 
 JOINT COMMITTEE: see Committee 
 
 JUSTICES 
 
 Chairmen — of District councils to be, 152— of Local board of Woolwich 
 
 and Metropolitan vestries and district boards of works to be. 163 
 Transfer of certain functions of — to County borough councils, 163 — to 
 Di.-trict councils, 160 
 
 K. 
 
 KNACKERS' YARDS 
 
 Appointment of inspectors of, 33 
 
 Licensing of, 407, 408 ; transfer of functions of justices as to licensing 
 of, to district councils, 160, to county borough councils, 163 
 
 L. 
 
 LANCASTER, 
 
 Jurisdiction of Court of Chancery of. as to charity, 131 
 Sale of land belonging to Duchy of— for Allotments, 362-263 — for 
 purposes of Parish council, 87, 91
 
 Ind:x. 463 
 
 LAND 
 
 Acquisition of— for Allotments, S7-101 : and see Allotments, Com- 
 pulsory hiring, Compulsory purchase — by Baths and washhouses 
 commissioners, GS— by Burial board, 76, 77 — by Churchwardens 
 and overseers under Poor Relief Act, 1819, and Amending Acts, 45, 
 46 ; transfer of powers under these Acts to guardians, 46, 47 — by 
 Library authority, 81 — by Lighting and Watching inspectors, 66 — 
 for purposes of Parish council, under Adoptive Acts, 63 ; by Agree- 
 ment, 87 ; for Buildings, 82 ; Outline of procedure, 90-92 ; for Public 
 walks, 82; for Recreation ground, 82 ,* 6ee also Compulsory purchase 
 — for Site, of literary or scientific institution, 211,212; of school, 
 211, 212— by Trustees of charity, 133— by Urban sanitary authority 
 for pleasure grounds, 84 
 Borrowing by parish council for purchase of, 104 
 Definition of— in Allotments Act, 372— in Interpretation Act, 24S 
 Holding of — by Chairman of parish meeting and overseers, 145 — by 
 Churchwardens and overseers as quasi-corporation, 25 ; transfer of 
 land so held, to chairman of parish meeting and overseers, 145, to 
 parish council, 19— by Parish council, 8— by Rural district council, 
 155 
 Charity land: see Charity 
 
 Sale, etc. — of parish lands by Guardians, 57-60 ; transfer of powers of 
 guardians to parish council, 27 ; transfer of powers of owners and 
 ratepapers to parish meeting, 211 — of land used for repair of high- 
 ways by Highway authority, 213; consent of justices not to be 
 required for such sale, 211 — by Parish council, of land vested in 
 them, 83, 86, 87 — of Superfluous or unsuitable land acquired for 
 allotments or for purposes of parish council, 95, 369, 370 
 
 LANDLORD, definition of, for purposes of provisions of Local Government 
 Act as to mines in land hired by parish council for allotments, 100 
 
 LANDS COMMISSIONERS succeeded by Board of Agriculture, 51 
 
 LEGAL PROCEEDINGS 
 
 Appearance of parish council in, 266 
 
 Change of name of authority not to affect, 216 
 
 Charity— leave of Charity Commissioners required to legal proceedings 
 
 affecting, 132 — Majority of trustees empowered to carry on legal 
 
 proceedings, i35 
 County borough council empowered to carry on, for purpose of 
 
 protecting commons, public rights of way, and roadside wastes, 159 
 District council empowered to carry on, for purpose of protecting 
 
 commons, public rights of way, and roadside wastes, 15S 
 Expenditure by local authority on, 102 
 Protection with regard to, of public authorities and persons acting 
 
 under statute, 390, 391 
 Savings for pending, 260, 261 
 Surveyor of highways, expenses of, on legal proceedings, 119, 120 
 
 LETTING OF LAND 
 
 Guardians' powers of letting parish land, 57-60 ; transfer of such 
 powers to parish council, 27; transfer of powers of owners and 
 ratepayers to parish meeting, 211 
 Parish council, power of, to let land vested in them, S3, 86, 87 
 Persons under disabilities authorised to let laud for purposes of allot- 
 ments or of parish council, 91, 363 
 
 LIABILITIES, definition of, 246 : sec also Debts 
 
 LIBRARIES : see FuUic Libraries Act 
 
 LICENSED PREMISES : see Intoxicating liquor
 
 464 Index. 
 
 LICENSING OF 
 
 Dealers in game, 396-39S ; transfer of powers of justices as to, to 
 
 district council, 160, to county borough council, 163 
 Gang-masters, 393, 394 ; transfer of powers of justices as to, to district 
 
 council, 160, to county borough council, 163 
 Knackers'-yards, 407, 408 ; transfer of powers of quarter sessions as 
 
 to, to district council, 160, to county borough council, 163 
 Passage brokers and emigrant runners, 398-404; transfer of 
 
 powers of powers of justices as to, to district council, 160, to county 
 
 borough council, 163 
 
 LIGHTING AND WATCHING ACT, 63-67: see also Adoptive 
 Acts 
 
 LITERARY AND SCIENTIFIC INSTITUTIONS ACT 
 
 Grant of parish property under, 212 ; powers of owners and rate-payers 
 as to such grant transferred to parish meeting, 211 
 
 LOANS. See Borrowing 
 
 LOCAL AND PERSONAL ACT, definition of, 243, 244 
 
 . ACT 
 
 Districts for election of guardians under, to be in position of parishes, 
 
 299 
 Repeal of, where inconsistent with Local Government Act, 261 
 Saving — as to powers of Guardians under, 299 — as to powers, &c, of 
 
 Urban sanitary authority under, 260 — as to Wards of urban 
 
 districts formed under, 261, 262 
 
 AUTHORITY, definition of, in Public Health Act, 139 
 
 GOVERNMENT ACT, 1888 
 
 Definitions in, 244-247 ; application of such definitions to interpreta- 
 tion of Local Government Act, 1894.. 241 : see also Definitions 
 
 Part III (areas and boundaries) — Adjustments, 384— Administra- 
 tive counties, 373, 374 ; purposes for which place within administra- 
 tive county is to form part thereof, 382 — Alteration, of Borough and 
 County boundaries, 376, 377 ; of County districts, 378 ; of Electoral 
 divisions, 376, 377 ; of Number of members of district council, 378 ; 
 of Parishes and Wards, 378 — Electoral divisions, 375 — Intersection 
 of boundaries to be avoided, 383— Regulations of Loeal Government. 
 Board as to procedure, 171-175, 379-381— Report of Boundary 
 Commissioners to be laid before borough and county councils, 376 — 
 Scheme or order, provisions that may be made by, 382, 383 
 
 LOCAL GOVERNMENT BOARD 
 
 Alteration by— of Area of local government partly in a county or 
 borough, 376— of Electoral divisions, 376— of Local government 
 districts, 1S5— of Parishes, under Divided Parishes Acts, 180-183 ; 
 under Poor Law Amendment Act, 1867.. 179— of Unions, 184, 382 
 
 Appeal to— against Auditor's decision, 102, 221, 225, 226— against 
 making or refusal of order by County council for compulsory acqui- 
 sition of land, 88 — against order of Joint committee as to number, 
 retirement, &c, of guardians or rural district councillors, 228, 229 
 
 Application to, for alteration of borough or county boundaries, 167, 
 376 
 
 Appointment by, of district auditors, 222 
 
 Approval by — of Agreement by guardians relating to joint use of 
 property, 225 — of Formation of special drainage district, 138 — of 
 Payment of sum for purposes of adjustment out of special fund, 235 
 
 Confirmation by— of Bye-laws, 85— of orders of County council for 
 Alterations of arefl, &c, 168, 378, order so confirmed unimpeachable 
 after six months, lb'S, certain orders not to require confirmation, 188,
 
 Index. 465 
 
 LOCAL GOVERNMENT BOARD— continued. 
 
 378 ; fur Compulsory acquisition of land, 88, 89 — of Regulations 
 under Allotments Act, 365 
 
 Consent of— to Adoption < f Baths and Wash-houses Acts, 67— to Grant 
 of parish property as sites for institutions and schools, 212 — to Sale, 
 &c, of land by parish council, 83, 86 
 
 County borough council— Board act as Countv authority under 
 Allotments Act as regards, 371 — Order for compulsory acquisition 
 of land for allotments by, to be made and confirmed by B >ard, 90 
 
 Dates may be fixed by, for first elections, &c, under Local Government 
 Act, 258 
 
 Determination by, of questions — as to Constitution, &c, of joint com- 
 mittee of county councils. 168, 233 — as to County in which parish or 
 or district is to be deemed to be for purposes of Allotments Act, 371 
 — as to Use, of rooms of guardians by rural district council, 227, of 
 rooms maintainable out of local rates, for parochial purposes, 18 
 
 Dismissal of assistant overseer by, 25 
 
 Expenditure of local authority sanctioned by, not to be disallowed, 
 102 
 
 Expenses of under Local Government Act, 237, 238 
 
 Financial statement of local authority to be sent to, 222 
 
 Form to be prescribed by — of Accounts of parish councils ami meetings 
 and district councils, 218 — of Demand note for rate to defray 
 expenses of parish council or meeting, 101— of Notice to guardians 
 of appointment of overseers, 19 
 
 Formation by— of Local government district, 185— of Union, 184 
 
 Inquiries by — as to Compulsory acquisition of land, 88, 89 — Expenses 
 of inquiries, 237 — powers of Inspectors holding inquiries, 95-97, 
 238 — Use of schoolroom or room maintainable out of local rates 
 for purposes of inquiry, 17, 18 
 
 Nomination by, of additional members of rural district council, 154, 
 155 
 
 Notice to — of Change of name of authority, 216 — of Resolution of 
 county council transferring functions of district council to them- 
 selves, 232 
 
 Order of — Authorising appointment, of Assistant overseer by guardians, 
 23, 24 ; of Collector of poor rates by guardians, 24 ; of Vestry clerk, 
 142 — Conferring appointment of overseers, appointment and revoca- 
 tion of appointment of assistant overseers, functions of overseers, 
 or functions of parish council upon authorities in urban districts, 
 county boroughs, and London, 163, 164; conferring functions of 
 vestry as to rating of small tenements on authority in urban 
 districts, 164 ; conferring urban powers on rural district council, 156, 
 157 — as to Expenses of elections of guardians, 209 
 
 Petition to, against order of county council for alteration of areas, 378 
 — by Guardians, 168 — by Parish council or meeting, 167, 168 — 
 Time for presentation of petition, 188 
 
 Powers of — to call for Accounts of parochial charity, 136, 137 — to regu- 
 late election of Allotment managers, 367 — as to Areas for election 
 of guardians, 229— to regulate Audit of accounts, 218, 219, 222 — as 
 to Borrowing, by county council for purpose of lending to parish 
 council, 105; by local authority under Public Health Act. 105-107 
 — upon Complaint of default of sanitary authority, 140, 141 — as to 
 exercise of Guardians' powers for acquisition of land, &c, under 
 Poor Relief Act, 1819, and amending Acts, 46, 47 — to modify appli- 
 cation of Local Act to guardians, 229 — to prescribe rules as to Meet- 
 ings relating to allotments in schoolrooms and rooms maintainable 
 out of local rates, 17, 48 — to direct that affairs of small Rural dis- 
 trict shall be temporarily administered by council of adjoining 
 district, 154 — to direct raising of Special expenses under Local 
 Government Act as general expenses, 161 
 
 "Prescribed" means prescribed by — in Local Government Act, 1888, 
 379 — in Local Government Act, 1894 . . 243 
 
 2 H
 
 466 Index. 
 
 LOCAL GOVERNMENT BOARD— continued. 
 
 Procedure and other matters with regard to compulsory acquisition 
 of land for allotments or for purposes of parish councd to be pre- 
 scribed by, 88, 89 
 
 Provisional order of — for Alteration of county and borough boun- 
 daries, &c, 377 ; provisions to be made in such order as to parish 
 government, 215 — as to Local government in Scilly islands, 241 
 
 Regulations of, as to procedure for alterations of area — General regu- 
 lations, 379-381 — Special regulations for 1894.. 171-175; power of 
 Board to make such special regulations, 254 
 
 Report by, as to proceedings relating to compulsory acquisition of land, 
 100 
 
 Resignation of guardians may be accepted by, 209 
 
 Rules to be framed by — for Elections, of Auditors for parishes in 
 London, 162, of Guardians, 149, of Members of the local board of 
 Woolwich and metropolitan vestries, 162, of Parish councillors, 7, 8, 
 of Rural district councillors, 154, of Urban district councillors, 153 
 — as to Poll consequent on parish meeting, 206 — Provisions to be 
 made by such rules, 204, 205, 206, 258 
 
 Sale, &c, of parish property by guardians under control of, 57-60 
 
 Sanction of — to Application of capital sum paid for purposes of adjust- 
 ment, 235 — to Appointment of relieving officer to office of assistant 
 overseer, 24— to Borrowing, by parish council, 104, 105 ; by sanitary 
 authority under Public Health Act, 105-107 — to Period for repay- 
 ment of loan borrowed for payment of capital sum for purposes of 
 adjustment, 235, of terminable annuity granted for purposes of such 
 adjustment, 234 — to Postponement of trausfer of functions of high- 
 way authority to rural district council beyond certain period, 156 — 
 to Provision of parochial office or vestry room, 43 
 
 Savings as to powers of — for Alteration of unions, 167 — as to Proceed- 
 ings of guardians, 27 
 
 Scale of election expenses to be framed by, on default of county council, 
 206 
 
 Transfer to, of functions of county council as to alterations of area for 
 certain purposes after certain period, 169, 177 
 
 DISTRICTS, 184, 185 
 REGISTER OF ELECTORS 
 
 Definition of, 3 
 
 Marriage not to disqualify woman for Registration in, for purposes of 
 
 Local Government Act, 189 
 Persons registered in, to be parochial electors, 3, 189 
 Qualifications for registration in, 5 
 
 INCLOSURE ACTS, allotments under, 45-50 
 
 LOANS ACT, 109 
 
 RATE, use of room maintainable out of, for parochial purposes, 
 
 17, 18 
 
 LONDON 
 
 Part III. of Local Government Act generally inapplicable within, 165 
 Power of local government board to confer certain functions on sani- 
 tary authorities and other representative bodies within, 164 
 See also Metropolitan 
 
 M. 
 MAIN ROADS, 113-115, 123, 246 : see also Higlaoay 
 
 MARRIAGE 
 
 Woman not disqualified by — for office of Guardian, 149 — for membership
 
 Ind:x. 467 
 
 MARRIAGE— continued. 
 
 of Parish council, 7— for Registration as local government elector for 
 purposes of Local Government Act, 189 — for office of Urban 1 isirict 
 councillor, 153 
 
 MARTEN'S ACT, 232 
 
 MEETING OF 
 
 Committee— Minutes to be evidence of due holding of, 267— Place of, 
 267 — Use of schoolroom or room maintainable out of local rates for, 
 17, 18 
 
 District council, or Board of guardians, 227 — Convention of 
 first meeting, 253 — premises Licensed for sale of intoxicating liquor 
 not to be used for, if avoidable, 229 — Removal of difficulty as to first 
 meeting, 253 
 
 Metropolitan vestry — Convention of first meeting under Local 
 Government Act, 253 — Time of holding meeting, 163 
 
 Parish council — Annual meeting, Appointment of overseers at, 265 ; 
 date of, 8 ; Election of chairmen at, 8, 265 ; Nctiee to parish 
 councillors of, 265 — Convention of, 265 ; first meeting, 251 — premises 
 Licensed for the sale of intoxicating liquor not to be used for if 
 avoidable, 229 — Minutes to be evidence of due holding of, 267 — 
 Names of members present and vctes snven by them to be recorded, 
 266 — Notice of, 265 — -Removal of difficulties as to first meeting, 
 253 — Use of schoolroom or room maintainable out of local rates for 
 purposes of, 17, 18 — four meetings at least to be held Yearly, 266 
 
 meeting : see Assembly 
 
 METROPOLIS, definition of, in Local Government Act, 1888. .244 
 
 METROPOLITAN 
 
 District board of works — Chairman of, 163 — Qualification of members 
 of, 162— Repeal of enactment as to disqualifications of members of, 
 203 
 
 Vestry — Application to, of provisions, of Local Government Act as to 
 elections and the qualification of persons to be elected, 162, as to 
 first elections, term of office of members first elected, &c, 253, as to 
 disqualifications for office, 194 ; of provisions of Municipal Cor- 
 porations Act as to expenses of elections, acceptance of office, 
 resignation, re-eligibility of holders of office, casual vacancies, &c, 
 205 — Chairman of, 163 — Removal of difficulties as to first election 
 and meeting of, 253 ; as to election of individual member of, 206 — 
 Time of holding meeting of, 163 
 
 MINES 
 
 Provisions with regard to, in case of compulsory purchase of land f< r 
 
 allotments or purposes of parish council, 89, 94 
 Saving with regard to, where land is hired compulsorily by parith 
 council, 99 
 
 MINUTES of parish councils, parish meetings and committees, 266, 267 
 MONTH, meaning of, in statutes, 238 
 MORTGAGE OF RATES, 107-109 
 
 MUNICIPAL CORPORATIONS ACT 
 
 Acceptance of office — Declaration of acceptance, 299 ; form of de- 
 claration, 323 — Exemptions from compulsory acceptance, 299, 300, 
 312 — Fines for non-acceptance, 299 ; for acting before m king 
 declaration, 201 — Non-acceptance creates casual vacancy, 300 
 
 Application of certain provisions of, to various authorities under Local 
 Government Act, 205, 297 
 
 Appointment of candidates' agents, 302 
 
 2 h 2
 
 468 Index. 
 
 MUNICIPAL CORPORATIONS ACT— continued. 
 
 Ballot Act applied to elections under, with modifications, 273, 294, 
 
 302, 312 
 Casual vacancies, 300 ; time for filliug, 303 
 Computation of time, 321 
 Continuance in office, of retiring councillors if vacancies not filled at 
 
 election, 301 
 Declarations and oaths, 321 
 
 Definitions, 298 ; for purposes of Part IV., 305 : see also Definitions. 
 Election petitions, 304-320 : see also Municipal election petition 
 Expenses of elections. 320 
 Nomination of candidates — Offences as to nomination papers, 303 — ■ 
 
 Relation of nomination to election, 301 
 Penal actions, 320, 321 
 Penalties on officials for default in preparation of registers or conduct 
 
 of election, 303, 304 
 Poll at election, 302 ; questions that may be put to voters, 303 
 Re-eligibility of holders of office, 300 
 Resignation, 300 
 Summary proceeding for recovery of fine, 320 
 
 ELECTION PETITION 
 
 Abatement of, 313 
 
 Agency — Evidence of corrupt practice, &c, may be given before agency 
 
 is proved, 311 — Principles with regard to, observed by election courts, 
 
 315,316,317 
 Application of enactments concerning, to elections under Local 
 
 Government Act, 205, 297, 305, 324, 351, 352 
 Avoidance of election — for General corruption, &c, 306— for Prevalence 
 
 of illegal practices or illegal payment, employment, or hiring, 342 
 Costs of, 314, 319, 348, 349, 350 
 Disclosure of vote not to be required, 320 
 Election court — Constitution and jurisdiction of, 309, 310 — Expenses 
 
 of, 319 — Reception of, and attendance on, 318 
 Enactmemts as to, modelled on those relating to parliamentary election 
 
 petitions, 304, 305 
 Grounds on which election may be questioned by, 307, 339 ; election 
 
 not to be questioned on such ground, except by petition, 307 
 Issue, when petition to be, 309 
 Jurisdiction of High Court, 315, 319 
 List of petitions at issue, 309 
 
 Presentation of 307 ; time for presentation, 308, 345 
 Principles to be observed at trial of, 315 
 Report of election court, 310, 311— to be laid before Attorney-General 
 
 in certain cases, 330— as to Corrupt practices, 336, 337— Exoneration 
 
 of caudidate in report in respect of offences committed by his agents, 
 
 342— as to Illegal practices, 339— as to prevalence of Illegal practices, 
 
 payment, employment, &c, 342 — Incapacities in consequence of 
 
 report, 337, 356, 357 — Vacation of office in consequence of report, 350 
 
 — as to Withdrawal of petitiun, 346 
 Respondents, 307, 308 
 Rules of court relating to, 315, 350 ; particulars required by such 
 
 rules, 316 
 Scrutiny, 315, 317, 318; striking off of votes affected by offences 
 
 against election law, 306, 344 
 Seating of unsuccessful candidate, 315, 318 
 Security for costs to be given by petitioner, 308, 309 
 Service of notices, &c, 350 
 Statement of case for High Court, 311 
 
 Trial, 310, 311, 346-348 ; hearing of accused person at, 356, 357 
 Unseating of successful candidate — Casual vacancy created by, 319— 
 
 Validity of acts of candidate during tenure of office, 319
 
 Index, 469 
 
 MUNICIPAL ELECTION PETITION— continued. 
 
 "Withdrawal— of Petition, 312, 313, 345, 34G— of Respondents, 314 
 Witnesses, 312; obligation of, to answer incriminating questions, and 
 indemnity of, 329 
 
 ELECTIONS (CORRUPT AND ILLEGAL 
 
 PRACTICES) ACT 
 
 Application of, to elections under Local Government Act, 205,351, 
 352 
 
 Avoidance of election for prevalence of illegal practices, payment, 
 employment, or hiring, 342 
 
 Bribery — included in definition of Corrupt practice, 332 — Definitions 
 of, 354, 355 
 
 Committee rooms — Payment for, in excess of certain number pro- 
 hibited, 337 — -Use as, of premises of where refreshment is sold pro- 
 hibited, 341 
 
 Construction of Act, 350, 351 
 
 Conveyance of electors to or from poll — use of Carriages, &c. kept for 
 hire for, prohibited, 339 — Payment for, prohibited, 337 
 
 Corrupt and illegal practices list, 344, 345 
 
 practice, definition of, 332 
 
 Director of public prosecutions, his duties, &c, 346, 347, 348, 349, 350 
 
 Election court — Hearing of accused person by, 35G, 357 — Prosecution 
 of offences before, &c, 346-348 
 
 Employment of paid workers at election, 340 ; person employed not 
 to vote, 311 
 
 Excuse for corrupt or illegal practice, &c, 342, 343 
 
 Exhibition of placards, payment for, to elector not being advertising 
 agent, prohibited, 337, 338 
 
 Incapacities of person reported guilty of offences by election court, 
 356, 357 
 
 Incorporation of portions of Corrupt and Illegal Practices Prevention 
 Act, 344, 349 
 
 Inducing prohibited person to vote, 338 
 
 Name aud address of printer and publisher to appear on bills, placards, 
 &c, 341 
 
 Payment for bands of music, torches, flags, banners, cockades, ribbons, 
 and marks of distinction in connection with elections prohibited, 340 
 
 Personation — included in definition of Corrupt practice, 332 — Defini- 
 tions of, 355 
 
 Petition — Avoidance of election on, for prevalence of illegal practices, 
 payment, &c, 342 — Costs of, 348, 349, 350 — Presentation of, for 
 alleged illegal practice, 339 ; time for presentation, 345 — Trial of, 
 346-348— Withdrawal of, 345, 346 
 
 Prohibition of voting by disqualified or guilty persou, 344, 356 
 
 Provision of money for payments contrary to Act, 339 
 
 Publication of false report of withdrawal of candidate, 338 
 
 Punishment — for Corrupt practice, 332, 347 — for Illegal employment, 
 payment, or hiring, 342 — for Illegal practice, 338, 347, 
 
 Saving for rights of creditors, 341 
 
 Service of notices, &c, 350 
 
 Treating — included in definition of Corrupt practice, 332 — Definition 
 of, 355 
 
 Undue influence — included in definition of Corrupt practice, 332 — 
 Definition of, 355 
 
 Vacation of office upon conviction or report of election court, 350 
 
 Withdrawal of candidate lor corrupt reasons, 340 
 
 N. 
 
 NAME OF 
 
 Area, copy of order of county eouncil altering, to be sent to Board of 
 Agriculture, 237
 
 47 o Index. 
 
 NAME 0~F— continued. 
 
 District council, change of, 216 
 
 Group of parishes, 216 
 
 New parish formed by or under Local Government Act, 216 
 
 Parish council, 8 
 
 Rural district council, 115 
 
 NOMINATED 
 
 Guardians, abolished, 149 ; additional members of board of guardians 
 to be elected from among persons who have been, in certain cases, 
 150 
 
 Members of urban sanitary authority abolished, 153 
 
 NOMINATION OF 
 
 Additional members of small rural district council, 154, 156 
 Candidates — relation of Election to nomination, 201 — Offences as to 
 nomination papers, provisions as to, of Ballot Act, 371, of Municipal 
 Corporations Act, 303 — Rules of local government board to make 
 provisions as to, 104 — Use of schoolroom or room maintainable out 
 of local rate for hearing objections to, 205, 278 
 
 NOTIC 3 OF 
 
 Assembly of parish meeting, 210, 263 
 Meeting of parish council, 265 
 
 NOTICES 
 
 Computation of length of, 239-241 
 Publication of notices given by parish council, 210 
 Service of — on Member of parish council, 265 — on Parish council, 266 
 — on Parish meeting, 264 
 
 NUISANCES, powers of parish council as to ? 85 
 
 NUMBER OF 
 
 Guardians— may be Altered by county council, 22S— in general 
 
 Unaltered by Local Government Act, 151 
 Overseers, 20, 21 ; appointment of ^additional overseers to replace 
 
 churchwardens, 19 
 Parish councillors, 7 
 Rural district councillors, 154 ; power of county council to alter, 
 
 228, 378 
 Urban district councillors, xl. — power of County council to alter, 
 
 378 — provision for case where number fixed by Local Act, 261 
 
 O. 
 
 OATH, definition of, 248 
 
 OBJECTIONS TO 
 
 County rate basis, 42 
 
 Valuation list, by overseers, 35, 36 ; transfer of powers of overseers to 
 parish council, 27 
 
 OBSTRUCTION of public right of way, duty of county borough and 
 district councils to prevent, 157-159 
 
 OBSTRUCTIVE BUILDINGS, representation with regard to, 61 ; by 
 parish council, 27 
 
 OFFER CES, provision for case wheie act or omission is an offence under 
 tv'o or more Acts or both under an Act and at cemmon law, 249, 
 250
 
 Index. 47 1 
 
 OFFICE 
 
 Acceptance of, see Acceptance 
 
 Coming into, of first members of authority elected under Local 
 
 Governmi'nt Act, 258 
 Definition of, 246 
 
 OFFICERS 
 
 Continuance of, in office for purposes of audit relating to receipts and 
 expenditure before appointed day, 2G0 
 
 Definition of '• officer," 246 
 
 Disqualification— of Paid officer of authority for membership of such 
 authority, 193— of officer paid out of Poor rates, for membership of 
 board of guardians, 201, 202 
 
 Existing officers — Compensation to, for loss of office, &c, 255-257 
 — paid Surveyor of highways to be deemed officer of appointing 
 body, 254— Tenure of office by, 254, in case of parish or rural 
 sanitary district divided by Local Government Act, 254, 255 — 
 Transfer of, where powers and duties of their authority are trans- 
 ferred, 254 
 
 Order of Local Government Board conferring functions on authorities 
 in urban districts, county boroughs and London to provide for 
 existing interests of paid officers, 164 
 
 Parish, council, officers of, 141 — existing Assistant overseer to become 
 such officer unless appointed by guardians, 254 — existing Vestry 
 clerk to become clerk of parish council, 254 
 
 OMISSION", liability of local authority in respect of, 17 
 
 OPEN" SPACES 
 
 Grant of land for purposes of, 60 
 Powers of parish council in relation to, 82 
 
 "ORDINARY DAY OF COMING- INTO OFFICE OF 
 COUNCILLORS," meaning of expression, 7 
 
 OVERDRAFT on bank by local authority, 105 
 
 OVERSEERS 
 
 Allotments, powers of overseers to hold, 45, 47, 52-54, 57: see also 
 Churchwardens and overseers 
 
 Appeal by — against Basis of county rate, 41, 42 — against County rate, 
 42, 43 — against Valuation list, 36, 37 
 
 Appearance of, as respondents on appeal against poor rate, 38, 39 
 
 Appointment of — by Guardians on default of proper authority, 209 — 
 by Justices, 19, 20 ; appeal against sucli appointment, 22 — power of 
 Local Government Board to confer appointment on authorities in 
 urban districts, county boroughs, and London, 163, 164 — by Parish 
 council, 18 ; to be made at annual meeting, 265 — by Parish 
 meeting, 145; demand of poll as to such appointment, 264 — ' 
 Permissive appointment of additional overseers to replace church- 
 wardens, 19 — Provision as to appointment on creation or alteration 
 of borough or urban district, 215 
 
 Casual vacancy among, to be filled — by Guardians on default of proper 
 authority, 2*09 — by Parish council, 18 
 
 Churchwardens are ex officio overseers, 25 ; are to cease so to be in 
 rural parish, 19 
 
 Continuance in office of overseers of parish divided by Local Govern- 
 ment Act, 253 
 
 Contributions to be paid by, out of poor rate— to Baths and wash- 
 houses commissions s, 68 — to Burial boards, 77 — to Chairman of 
 parish meeting of parish not having parish council, 101 — to Guardians, 
 103, 104 ; for purposes of the county rate, 41 — to Parish council, 101 
 
 Convention of first assembly of parish meeting by, 251 
 
 Disqualifications for the office, 21 
 
 Expenses of, under Union Assessment Acts, 32, 33
 
 47 2 I) d:x. 
 
 OVERSEERS— continued. 
 
 Incorporation of, together with chairman of parish meeting in parish 
 
 not having parish council, 145 
 Ineligibility of, for office of assistant overseer, 21 
 Land, powers of overseers to hold, 26 
 Levy of special rate by, to meet expenses — of Burial board in certain 
 
 cases, 74 — of Lighting and watching inspectors, 66 
 Local Government Board empowered to confer functions of, on 
 
 authorities in urban districts, county boroughs and London, 163, 164 
 Number of, 20, 21 ; appointment of additional overseers in place of 
 
 churchwardens, 19 
 Objections by— to Basis of county rate, 42 — to Valuation list, 35, 36 
 Provision by — of Depository for parish documents, 44 — of Fire engine, 
 
 etc., 44 — of Parish books, 43 — of Parochial offices, 43 — of Vestry 
 
 rooms, 43 
 Rating of small tenements, functions of overseers in relation to, 29, 30 
 Service in office of, compulsory, 21 ; exemptions, 22 
 Transfer — of certain Functions of, to parish council, 27; construction 
 
 of enactments relating to such functions, 212 — of Property vested 
 
 in, to parish council, 19, to chairman of parish meeting and overseers 
 
 in parish not having parish council, 145 
 Trustees of charity to be appointed in lieu of — by Parish council, 125, 
 
 126 — by Parish meeting, 145 
 
 OWNERS 
 
 Audience of owner of property at audit of accounts, 220 
 Composition for rates by owners of small tenements, 29, 30 
 Interests of land owners to be regarded in certain respects in making 
 order for compulsory acquisition of land for allotments or purposes 
 of parish council, 94, 363 
 Rating of owners of small tenements, 29, 30 
 
 AND RATEPAYERS 
 
 Consent of, to dealings with parish property — under Literary and 
 Scientific Institutions Act, 212, 213 — under Acts relating to the 
 Relief of the poor, 58-60 — under School Sites Acts, 212 
 
 Substitution of parish meeting for owners and ratepayers for certain 
 purposes, 211 
 
 OWNERSHIP QUALIFICATIONS for registration as parliamentary 
 elector, 4 ; provision for registration as parochial elector of persons 
 qualified by ownership of property within parliamentary borough, 
 189, 190 
 
 OXFORD, saving with respect to guardians of, 229 
 
 P. 
 
 PARISH 
 
 Adding of parishes to each other for election of guardians, 228, 229 
 Administrative county, parish partly within and partly without, to 
 
 be considered by county council, 166 
 Boundaries of, and alterations of such boundaries ; see Boundaries 
 Definition of " parish " — in Allotments Act, 1887 . . 371 — in Baths and 
 Wash-houses Acts, 67 — in Burial Act, 1852.. 70 — in Interpretation 
 Act, 177 ; such definition applicable to interpretation of Local 
 Government Act, 1894.. 177 — in Lighting and Watching Act, 64 — 
 in Local Government Act, 1888.. 244; such definition not ap- 
 plicable to interpretation of Local Government Act, 1894. .241 — in 
 Sale of Exhausted Parish Lands Act, 59 
 Division of — into Parish wards for election of parish council, 143, 
 144; before appointed day, 258 — into Wards for election of 
 guardians, 228, 229
 
 Index. 473 
 
 PARISH— continued. 
 
 Government of, to be provided for, on constitution or alteration of 
 borough or urban district, 215, 216 
 
 Grouping of parishes, 1, 2, 186-188 ; and see Group 
 
 "Highway parish," meaning of expression, 113 
 
 Name of, to be determined by county council in certain cases, 116 
 
 Part of parish— adoption of Adoptive Acts for, 62 ; execution of such 
 Acts when adopted for, after appointed day, 63 ; transfer of 
 functions of authority under such Acts acting for, to parish council, 
 214— adoption of Burial Acts for, 70-72— with Defined boundary, 
 appointment of committee to discharge functions of parish council 
 with regard to, 217; order of county council rendering consent of 
 parish meetiug held for, necessary for act of parish council affecting, 
 186; such order does not require confirmation, 188— adoption of 
 Lighting and Watching Act for, 64— Parish meeting for, 209 
 
 « Poor law parish," meaning of expression, 177 
 
 Rural district, parish council not to be elected for parish co-extensive 
 with, unless county council so direct, 167 
 
 parish— Definition of, 2— with Population under two hundred 
 
 to be considered by county council, 166, 170 
 
 sanitary district, parish partly within and partly without— 
 
 to be considered by County council, 166 — divided by Local Govern- 
 ment Act, 2 ; effect of such division, 175 : see also Division 
 School district, rural parish in general constitutes, 183 
 Urban sanitary district, parish situate in more than one — to be 
 considered by County council, 166 — Divided by Local Government 
 Act, 167, 170 ; effect of such division, 175 : see also Division 
 
 BOOKS, provision of, 43 ; transfer of overseers' functions as to 
 
 provision of, to parish council, 27 
 
 CHEST, provision of, 44 ; transfer of overseers' functions as to 
 
 provision of, to parish council, 27 
 
 CONSTABLES, 32 
 
 COUNCIL 
 
 Access of, to parish documents, 142 
 
 Acceptance of office by councillors, 265 
 
 Accounts of, 218, 219 
 
 Acquisition of land by — for purposes of Adoptive Acts, 63— by Agree- 
 ment, 87— for Allotments, by hire, 97-100, see also Compulsory 
 hiring— for Buildings, 82— Procedure for compulsory acquisition of 
 land,' 90-92, see also Compulsory purchase— for Recreation grounds 
 and public walks, 82 
 
 Adoptive Acts — Execution of, by parish council where adopted after 
 appointed day, 63— Transfer of functions of authority under, to 
 parish council, where area under authority is co-extensive with rural 
 parish, 62; to parish and district councils and parish meetings 
 joiutly where area not wholly comprised in rural parish, 214 ; per- 
 missive transfer to parish council where area forms part of rural 
 parish, 214 
 
 Appearance of — at Inquiry by county council with respect to altera- 
 tion of parish, 167 — on Legal proceedings, 266 
 
 Application by — to Board of Agriculture, in relation to common, 82, 
 84— to County council, for alteration of area in which Adoptive 
 Acts are in force, 214, 215 ; for division of parish into parish wards or 
 alteration or abolition of such division, 143, 144— to Local Govern- 
 ment Board for order conferring urban powers ou rural district 
 council, 157 
 
 Appointment by— of Assistant overseer, 18— of Charity trustees, 
 125-126; saving with regard to recently founded charities, 127— of 
 Overseers, 18— of Persons to appoint beneficiaries of charity, 126 : 
 see also Appointment
 
 474 Index. 
 
 PARISH COUNCIL— continued. 
 
 Assembly of parish meeting to be held at times and places fixed by, 
 
 192 
 Audit of accounts of, 218, 219 : see also Audit 
 
 Borrowing by, 104, 105 — for purposes of Adoptive Acts, 104, 105, 
 110 — Sanction of parish meeting and county council to incurring 
 expense involving loan, 100, 101 ; sanction of county council and 
 Local Government Board to raising of loan, 105 
 Casual vacancy on,;204 ; council to be convened forthwith to fill, 265 
 Chairman of: see Chairman 
 Cheques of, 266 
 
 Clerk of parish council — Appearance of council by, in legal proceedings, 
 2S6 — Appointment of, 141 — Deposit of documents with, under stand- 
 ing orders of parliament, 141 — Existing vestry clerk to act as, 254 
 Combination of, with other parish council for exercise of certain 
 
 powers, 83 
 Committee of, 216— Minutes of such committee, 266, 267— appoint- 
 ment of committee for Part of parish with independent rights may 
 be required, 216, 217 — Proceedings, &c, of such committee, 267 
 Complaint by — to County council on default of district council, as to 
 allotments, 90, 93, 386, as to protection of rights of way or roadside 
 wastes, 158, as to repair of highway, enforcement of Public Health 
 Acts, sewers, or water supply, 138, 139; complaint where district is 
 situate in two or more counties, 233 — to Local authority as to 
 obstructive buildings, 27, 61 — to Medical officer of health as to 
 unhealthy houses, 27, 61 : see also Complaint 
 Consent — of Council to diversion or stopping of public right of way or 
 declaration that highway is not repairable at public expense, 110 — 
 of parish Meeting held for part of parish with independent rights 
 may be rendered necessary to acts of parish council affecting such 
 part, 186 
 Continuance in office of retiring councillors if vacancies not filled at 
 
 election, 203 
 Contracts of, to be made with certain formalities, 8 ; how far informal 
 
 contract binding, 13-16 
 Custody of parish documents, powers and duties of parish council as to, 
 
 142 
 Delegation to, of functions of rural district council, 137; council 
 exercising functions so delegated to have services of clerk of district 
 council unless otherwise directed, 141 
 Disqualifications for membership of, 192-203 ; removal of disqualifi- 
 cation resulting from interest in contract with council, 193 : see 
 also Disqualifications 
 Dissolution of, 188 
 Election of, 7, 204 ; in case of parish divided into parish ward, 144 : see 
 
 also Election 
 Establishment of, 1 — upon Constitution or alteration of borough or 
 urban district, 215— upon Dissolution of group of parishes, 187 — 
 upon Increase of population, 187, 188 — Notice of parish meeting 
 held to consider establishment of parish council, 263 — for Small 
 parish, 1, 187 
 Existing — Assistant overseer to become officer of, in certain cases, r i 254 
 
 — Vestry clerk to become clerk of, 254 
 Expenditure by : see Expenditure 
 Expenses of, 100, 101 ; highway expenses not to be deemed expenses 
 
 of parish council, 254 
 Form in which names of beneficiaries of dole charities are to be pub- 
 lished to be determined by, 127 
 Gifts, power of council to accept and hold, 83 
 Highways, powers and duties of council as to, 115, 116: and see 
 
 Higlavay 
 Holding of land by, 8 
 Incorporation of, 8
 
 Index. 475 
 
 PARISH COUNCIL— continued. 
 
 Instruments of, how executed, 8 ; to be deemed to havo been duly 
 
 executed, 207 
 Joint committee of council and other authorities, 217, 218 
 Lapse of, 201 
 Letting by— of land Hired by them for allotments, 90, 364-366— of 
 
 land Purchased by county council for allotments, 'JO, 93, 364-366 — 
 
 of laud Vested in them, 83 
 Levy of contributions by, 101, 103, 104; precepts should be issued 
 
 prospectively, 103 
 Liability of, in respect of wrongful acts, 16, 17 
 Management by, of recreation grounds, village greens, open spaces, 
 
 and public walks, 82 
 Meetings of : see Meeting 
 Members of parochial committee to be chosen from among councillors, 
 
 in certain cases, 137 
 Minutes of proceedings of, 26G, 267 
 Name of, 8 
 Notice to be given to — of Application to Board of Agriculture in 
 
 relation to common, 83, 84 — of Plans of rural district council for 
 
 sewerage or water supply, 139 — of Proposal for alteration of 
 
 boundaries of parish, 167 
 Nuisances, powers of parish council as to, 83 
 Number of couucillors, 7 
 Payment by, of expenses of inquiry held by county council on their 
 
 application, 238 
 Petition by, to Local Government Board against order of county 
 
 council for alteration of parish, 167, 168 
 Proceedings of, 265, 267 
 Provision by, of laud and buildings, 82 
 Publication of notices by, 210 
 
 Qualification of councillors, 7 ; residential qualification, 8-12 
 Questions arising before, how decided, 266 
 Quorum of, 265, 266 
 Re-eligibility of councillors, 204 
 Removal of difficulties as to election, of individual councillor, 206 ; as 
 
 to first election of council, 253 
 Repair of footpaths by, 110, 125 
 
 Representation by, to district council as to allotments, 2S 
 Resignation of councillors, 204 
 Retirement of councillors, 7 — Continuance in office of retiring 
 
 . councillors if vacancies not filled, 203 — of First councillors, 251 
 Right of way may be acquired by, 83 ; land not to be acquired com- 
 
 pulsorily for the purpose, 90 
 Rural district council of district co-extensive with parish to act as 
 
 parish council unless otherwise directed, 167 
 Sale, &c, of laud by, 83, 86, 87 : see also Parish property 
 Scheme relating to charity to be communicated to, and may be 
 
 supported or opposed by, 126 
 Service of notices, &c. — on Council, 266 — on Member of council, 265 
 Small Holdings Act, councillors to act on committee under, 28 
 Standing orders of, as to proceedings — of Council, 267 — of parish 
 
 Meeting, 2b7 
 Summary determination of question whether functions are transferred 
 
 to, or property vested in, 235, 236 
 Term of office of councillors, 7 ; in case of first councillors, 251 
 Transfer to — of functions of Allotment managers or wardens, or 
 
 committee for allotments, 28— of power of Appointing overseers and 
 
 appointing and dismissing assistant overseers, IS — of functions of 
 
 Churchwardens, 27 — Construction of enactments relating to functions 
 
 transferred to, 212 — of powers of Guardians as to sale, &c, of parish 
 
 property, 27 — of functions of Overseers, 27— of Property vested in
 
 476 Index. 
 
 PARISH COUNCIL— continued. 
 
 overseers or churchwardens and overseers, 19 — permissive transfer to 
 
 council of property held by Trustees, 125 — of functions of Vestry, 26 
 Treasurer of, 141 
 Use of schoolroom or room maintainable out of local rates for purposes 
 
 of, 17, 18 
 Vacation of office by councillor for absence from meetings, 194 
 Validity of acts of council notwithstanding defects in election or 
 
 qualification of members, 266 
 Vestry clerk — not to be Appointed by, 141 — Existing vestry clerk to 
 
 be clerk of council, 254 
 Vice chairman of, 266 
 Water supply, powers of council as to, 82, 83 ; land not to be taken 
 
 compulsorily for the purpose, 90 
 
 ■ DOCUMENTS 
 
 Custody of, 141, 142, 143— where Parish Divided under Divided 
 Parishes Acts, 182; by Local Government Act, 167 — where parishes 
 are Grouped, 187 
 Provision of depository for, 44 ; transfer of powers of overseers in this 
 respect to parish council, 27 
 
 MEETING 
 
 Accounts of parochial charity to be laid before, 126, 127 
 
 Adoptive Acts — Adoption of, by parish meeting, 62; for part of 
 parish by parish meeting held for that part, 63 ; demand of poll as 
 to adoption, 264 — Matters arising under, requiring particular 
 majority, to require like majority of parish meeting, 62 — Substitu- 
 tion of parish meeting for vestry as regards consent, &c, in relation 
 to expense or rate under, 62 
 
 Application by — to County council, for Dissolution of group of 
 parishes, 188, of parish council, 188 ; for Establishment of parish 
 council, upon increase of population, 187, 188, for small parish, 187 ; 
 for Grouping of parishes, 187 — to Education Department, for 
 formation or dissolution of school board, 211, 213 
 
 Appointed day for purposes of, 259 
 
 Assembly of : see Assembly 
 
 Candidate for office of parish councillor may attend at assembly of, 
 and have questions put to him, 264 
 
 Chairman of: see Chairman 
 
 Consent of — to Incurring of expense by parish council involving rate 
 exceeding threepence in the pound or a loan, 100, 101 — to Sale, &c, 
 of land by parish council, 83 — to support or opposition by parish 
 council to Scheme for charity, 126 
 
 Constitution of, 3 
 
 County council to consult, before letermining name of parish 
 council, 8 
 
 Determination by, as to parish councillors to continue in office 
 where vacancies are not filled at election, 203 
 
 Discussion of parish affairs by, 263 
 
 Election of parish council to be at parish meeting or poll consequent 
 thereon, 204 
 
 Establishment of, 1 
 
 Expenses of 3, 101 
 
 Minutes of proceedings of, 266, 267 
 
 Part of parish — Assembly, &c, of parish meeting for, 209 — parish 
 meeting for, may require Committee to be appointed to discharge 
 functions of parish council with regard to, in certain cases, 217 — 
 county council may order that Consent of parish meeting held for, 
 shall be necessary for act of parish council affecting, 186 ; order for 
 tnis purpose not to require confirmation, 188 
 
 Poll consequent on — to be by Ballot, 3 — Demand of poll, 264— pro- 
 visions as to poll at Election of parish councillors applied to poll
 
 Index. 47 J 
 
 PARISH MEETING— continued. 
 
 consequent on parish meeting, 206— Expenses of poll, 3, 101 — 
 
 Number of votes of each parochial elector, 3 
 Power of, to negative consent given by parish council to diversion oi 
 
 stopping of public right of way or to declaration that highway is not 
 
 repairable at public exjiense, 110 
 Proceedings of, 263 
 
 Questions arising before, how decided, 264 
 Service of notice on, 264 
 
 Standing orders for regulation of proceedings of, 267 
 Use of schoolroom or room maintainable out of local rate for purposes 
 
 of, 17, 18j 
 
 , OF PARISH NOT HAVING SEPARATE 
 
 PARISH COUNCIL 
 
 Accounts of, 218, 219 
 
 Appearance by, at inquiry by county council as to alteration of 
 parish, 167 
 
 Appointment by, of overseers, assistant overseers and charity trustees 
 126, 145 : see also Appointment 
 
 Audit of accounts of, 218, 219 : and see Audit 
 
 Committee of, 144 ; minutes of such committee, 266, 267 
 
 Complaints by, to county council, 145 
 
 Consent of, to stopping or diversion of a public right of way or declara- 
 tion that highway is not repairable at public expense, 145 
 
 Construction of enactments relating to functions transferred to, 212 
 
 Corporation of chairman of parish meeting and overseers to act as 
 directed by, 145 
 
 Custody of parish documents, functions of meeting as to, 142 
 
 Expenses of parish meeting — Highway expenses not to be deemed 
 expenses of meeting, 25S — Levy of contributions to meet, 101 — 
 Limitation on amount of rate to meet, 145, 148 
 
 Form in which names of beneficiaries of dole charities are to be pub- 
 lished to be determined by, 127 
 
 Highways, functions of meeting as to, 115, 116 : and see Highway 
 
 Instruments of, how executed, 146 ; to be deemed to have been duly 
 executed, 267 
 
 Joint committee of parish meeting and other authorities for execution 
 of adoptive Acts in certain cases, 214 
 
 Payment by, of expenses of inquiry held by county council upon appli- 
 cation of, 238 
 
 Petition to Local Government Board by, against order of county 
 council for alteration of parish, 167, 168 
 
 Powers of parish council may be conferred on, 145 
 
 Summary determination of question whether functions are transferred 
 to, 235, 236 
 
 Transfer to— of functions of Owners and Ratepayers, 211— of functions 
 of Vestry, 144, 145 
 
 PARISH PROPERTY 
 
 Churchwardens and overseers— Holding of parish Land by, as quasi 
 corporation, 25, 26 — Transfer of powers, of to hold parish property to 
 parish council, 27 ; transfer of property vested in, to parish council, 
 19, to chairman of parish meeting and overseers in parish not having 
 parish council, 145 — consent of, or of parish council as their 
 successors to Vesting order under Charitable Trusts Acts dealing 
 with legal estate in such land not to be required, 211 
 
 Grant of parish land as sites for schools or literary and scientific institu- 
 tions, 211 ; substitution of parish meeting for owners and ratepayers 
 as regards consent to such grant, 212 
 
 Sale, &c— of parish property by Guardians with consent of Local 
 Government Board, 57-60; transfer of powers of guardians to parish 
 council, 27; substitution of parish meeting for owners and rate- 
 payers as regards consent to such sale, &c, 211— by Highway
 
 47 8 Index. 
 
 PARISH PROPERTY— continued. 
 
 authority, of knd used for material for repair of roads, 213 ; consent 
 of justices no longer to be required to such sale, 211 — by Parish 
 council of land vested in thern, 83, 86, 87 
 
 PARLIAMENT A R Y 
 
 Definitions of expressions " parliamentary borough," 248, " parlia- 
 mentary county," "parliamentary election," and "parliamentary 
 voters," 244 
 
 Register of electors — Definition of the expression, 3 — Persons registered 
 on, to be parochial electors, 3, 189 ; provision for person registered in 
 respect of ownership of property within parliamentary borough, 189, 
 190, for persons qualified in more parishes than one, 190, 191 — 
 Qualifications for registration in, 4, 5 
 
 PAROCHIAL CHARITY; see Cliarity 
 
 COMMITTEE 
 
 Appointment, &c, of, 137, 138 
 
 Parish councillors to be members of, in certain cases, 137 
 Rural district council may delegate functions to parish council 
 instead of to such committee, 137 ; parish council to have services of 
 clerk of rural parish council in such case unless otherwise directed, 
 141 
 
 ELECTORS 
 
 Application by, for division of parish into parish wards, or abolition 
 
 or alteration of such wards, 143, 144 
 Convention by, of parish meeting, 292 ; for part of parish, 209 
 Definition of, 3, 241 
 Election by — of Auditors for London parishes, 162 — of Guardians, 149 
 
 — of Metropolitan vestry, 162 — of Parish council, 7 — of Rural 
 
 district council, 154 — of Urban district council, 153 — of local board 
 
 of Woolwich, 162 
 Inspection by, of documents under control of parish meeting, parish 
 
 council, or rural district council, 219 
 Marriage not to disqualify women for registration as, 189 
 Parish meeting to consist of, 3 
 Qualifications for registration as, 4, 5 
 Registration of, 189-191 ; special provisions in case of alterations of 
 
 area in 1894.. 258, 259 
 
 OFFICE, provision of, 45 ; transfer of powers of overseers 
 
 to provide, to parish council, 27 
 
 RELIEF, disqualifications for office on account of receipt 
 
 of, 192, 194-196 
 
 PASSAGE BROKERS, licensing of, 398-402; transfer of justices' 
 powers as to such licenses to district council, 160, to county borough 
 council, 163 
 
 PAWNBROKERS, grant of certificates to, 395, 396 ; transfer of functions 
 of justices as to such certificates to district council, 160, to county 
 borough council, 163 
 
 PERSON, 
 
 Definition of — in Interpretation Act, 247, 249 — in Local Government 
 Act, 1888.. 245 
 
 PERSONATION 
 
 Corrupt practice, personation constitutes, 332 
 Definitions of, 282, 305, 355 
 Detection and punishment of, 282-284, 306, 324 
 Nature of offence, 336
 
 Index. 479 
 
 PETITION" TO 
 
 Local Government Board, against order of county council for 
 alteration of area, &c, 378 — by Guardians, 168 — by Parish council 
 or meeting, 167, 168 — Time for presenting petition, 188 
 
 PETROLEUM, district council to be local authority for purposes of Acts 
 relating to, 160 
 
 PLURAL, words in, include the singular in modern statutes, 217 
 
 POLL 
 
 Elections under Local Government Act, poll at: see Ballot Act, 
 Election 
 
 Parish meeting, poll consequent on — to be by Ballot, 3 — Demand of 
 poll, 264 — provisions as to poll at Election of parish councillors 
 applied to poll consequent on parish meeting, 206 — Expenses of poll, 
 3, 101 — Number of votes of each parochial elector, 3 
 
 POOR LAW UNION : see Union 
 
 parish, meaning of expression, 177 
 
 RATE 
 
 Appeal against, 37-39; transfer of functions of churchwardens and 
 overseers as to such appeal to parish council, 27 
 
 Collector of poor rate — Appointment of, by guardians, 24 — Employment 
 of, as clerk of parish council, 141 
 
 Contributions payable out of — to Baths and washhouses com- 
 missioners, 68 — to Burial board in certain cases, 77 — to Chairman of 
 parish meeting of parish not having parish council, 101— ti> 
 Guardians, 103, 104 ; for purposes of county rate, 41 — to Library 
 authority, 81 ; deductions to be allowed in assessing portion of poor 
 rate for this purpose, 81 — to Parish council, 101 
 
 POPULATION, meaning of references to, in Local Government Act, 241 
 
 POST, service by, how effected, 249 
 
 POWERS 
 
 Construction of statutory provisions as to exercise of, 249 
 Definition — of " Powers," 246 — of " Powers, duties and liabilities," 
 246 
 
 PRESCRIBED 
 
 Meaning of — in Local Government Act, 1S88..379 — in Local Govern- 
 ment Act, 1894.. 243 
 
 PROCEEDINGS OF 
 
 Committee, 267 
 District council, 227 
 Guardians, 227 
 Parish council, 265, 266 
 
 Parish meeting, 263, 264 ; regulation of such proceedings by parish 
 council or parish meeting, 267 
 
 PROPERTY 
 
 Adjustment of — under Local Government Act, 188S..384 — under 
 Local Government Act, 1894 . . 234, 235 
 
 Definition of, 246 
 
 Summary procedure for determination of question as to whom property 
 is vested in, 238 
 
 Transfer— of Legal interest in property, from churchwardens and 
 overseers to parish council, 19, to chairman of parish meeting and 
 overseers, 145 — of Power to hold or manage property, from church- 
 wardens and overseers to parish council, 27 — transfer of property in 
 conjunction with Transfer of powers and duties, 234 — permissive 
 transfer of property by Trustees to parish council or their 
 appointees, 125
 
 480 Judex. 
 
 PROVISIONAL ORDER included in expression Local and Personal 
 Act, 243 
 
 PUBLIC 
 
 Authorities Protection Act, 390 
 
 Footpaths, repair of, by parish council, 110, 125 
 
 Health Acts — Committee of district council for purposes of, 216 — 
 Complaint by parish council on default of rural district council as 
 to enforcement of provisions of, 138 : see also Complaint 
 
 Improvement Act, 78, 79 : see also Adoptive Acts 
 
 Libraries Act, 79-82 : see also Adoptive Acts 
 
 Purposes, trusts for : see Charity 
 
 Right of way — Consent of parish and district council to stopping or 
 diversion of, 110 ; parish meeting substituted for parish council in 
 parish not baving parish council, 145 — Meaning of " public right of 
 way," 111 — Protection of, by district and county borough councils, 
 157-159 : see also Highway 
 
 Walks — Acquisition of land for, by parish council, 82 — provisions of 
 Public Htalth Acts as to Management of, 84, 86; application of 
 such provisions to public walks under control of parish council, 82 
 
 Works Loan Commissioners, 109, 110 
 
 PUBLICATION of notice given by parish council or of parish meeting, 
 210, 211 
 
 Q. 
 
 QUALIFICATION FOR 
 
 Office — of Chairman, of Guardians, 150; of Parish council, 8; of 
 Parish meeting in parish not having parish council, 147 ; of Rural 
 district council, 154; of Urban district council, xli. — Existing mem- 
 bers of authorities continued in office till appointed day, notwith- 
 standing want of qualification, 252 — of Guardian, 149, 151 ; of addi- 
 tional guardians, 150 — of Overseer, 20, 21 — of Parish councillor, 7 ; 
 want of qualification of parish councillor not to affect validity of acts 
 of council, 266 — Residential qualification, 8-12 — of Rural district 
 councillor, 154 — of Surveyor of highways, 117 — of Urban district 
 councillor, 153 
 
 Registration — as Local government elector, 5 ; marriage not to dis- 
 qualify woman to be local government elector for purposes of Local 
 Government Act, 189 — as Parliamentary elector, 4, 5— as Parochial 
 elector, 3, 189-191 
 
 QUARTER SESSIONS 
 Appeal to : see Appeal 
 Licensing of knackers' yards by, 407, 408; transfer of powers of 
 
 sessions in this respect to district councils, 160, to county borough 
 
 councils, 163 
 Order of, for diversion or stopping up of highway, 122 
 
 QUORUM OF 
 
 Committee, 267 
 Parish council, 265, 266 
 
 E. 
 
 RAILWAYS CLAUSES CONSOLIDATION ACT 
 
 Application of provisions of, as to mines, in case of compulsory acqui- 
 sition of land for allotments or purpose s of parish council, 89 
 Diversion or stopping up of highway under, 123
 
 Index. 4 8 
 
 RATE 
 
 Adoptive Acts — Incidence, &c, of rate under, unaltered, 63 — Substi- 
 tution of parish meeting for vestry as regards consent to such rate, 
 
 62 
 Allotments, partial exemption of, from rates under Public Health Act, 
 
 250 
 Committee of district council not to have power to make rate, 216 
 Highway rate— Collector of, 119 — Limitation ou amount of, 119 
 Joint Committee of parish and district councils not to have power to 
 
 make rate, 218 
 Lighting and Watching Act, rate under, 66 
 Mortgage of rates under Public Health Act, 107-109 
 Parish council, rate levied to defray expenses of, 101 
 meeting of parish not having separate parish council — Levy 
 
 of rate for expenses of, 101 — Limitation on account of such rate, 
 
 145, 148 
 Public Improvement Act, rate under, 78, 79 
 Public Libraries Act — Levy of rate under, 81 — Limitation on 
 
 account of such rate, 79, 80, 81 
 Retrospective rates, 103 
 Room maintainable out of local rate, use of, for parochial purposes, 17, 
 
 18 
 Saving for rates made before appointed day, 260 
 Small tenements, rating of, 29, 30 ; power of Local Government Board 
 
 to confer functions of vestry in this respect on authorities in urban 
 
 districts, 164 
 Transfer of powers of owners and ratepayers as to raising of rate 
 
 under Acts relating to relief of the poor to parish meeting, 211 
 See also Poor rate 
 
 RATEABLE VALUE, definition of, 243 
 
 RATEPAYERS 
 
 Application by, for division of parish into wards, &c, before appointed 
 
 day, 25S 
 Audience of, at audit, 220 
 See also Owners and ratepayers 
 
 RECREATION" GROUND 
 
 Allotment of land for, and management, &c, of, under general Inclo- 
 
 sure Acts, 52, 53 
 Appointment of committee for management of recreation ground held 
 
 under local Inclnsnre Acts, &c, 47, 48 
 Diversion of fuel allotments to purposes of, 48 
 Management of, provisions of Public Health Acts with regard to, 
 
 84, 86 ; application of such provisions to ground under control of 
 
 parish council, 82 
 Provision of — by Parish council, 82 — under Public Improvement Act, 
 
 78 — by Urban sanitary authority, 84 
 Purchase of, with compensation money paid to commoners under Lands 
 
 Clauses Acts, &c, 56, 57 
 Transfer — of powers of Churchwardens and overseers to hold or manage 
 
 recreation ground to parish council, 27 — of recreation ground by 
 
 Trustees to parish council or their appointees, 125 
 
 RE-ELIGIBILITY OP HOLDERS OP OFFICE 
 
 Borough councillor re-eligible, 300 ; provisions of Municipal Cor- 
 porations Act in this respect applied to guardians, district councillors 
 and members of the local board of Woolwich and metropolitan 
 vestries, 205 
 
 Chairman of parish council or meeting re-eligible, 204 
 
 Parish councillor re-eligible, 204 
 
 2 i
 
 482 Index. 
 
 REGISTER OF 
 
 Mortgages nf rates, 107, 108 
 
 Paioe rial electors, 189-191— Provision in case of alteration of area 
 during 1894 . . 258, 259— Qualification for registration, 3-6 ; marriage 
 not to disqualify woman, 189 
 Tenancies of allotments, 371 
 
 REPEAL 
 
 Construction of repealing enactments, 262 
 
 Local Government Act, 1894, repeal by — of enactments authorising 
 appointment of Assistant overseer by guardians, 255 — of enactments 
 as to Qualification of guardians, 149 ; of members of urban sanitary 
 authority, 153— of Scheduled enactments and enactments inconsis- 
 tent with Act, 261, 262 
 
 REPRESENTATIVE BODY in urban district, county borough, or 
 London, powers of Local Government Board to confer functions on, 
 163-165 
 
 RESIDENTIAL QUALIFICATION, 8-12 
 
 RESIGNATION OF 
 
 Borough, councillor, 300 ; provisions of Municipal Corporations Act 
 iis to, applied to urban district councillors and members of the local 
 board of Woolwich and of metropolitan vestries, 205 
 
 Chairman of parish council or meeting, 204 
 
 Guardian, 205, 208, 209 
 
 Office by disqualified person, 203 
 
 Parish "councillor, 204 
 
 RESULT OF ELECTION 
 Declaration of, 274, 276, 292 
 Irregularities not affecting, do not affect validity of election, 280, 281 
 
 RETROSPECTIVE RATES, 103 
 
 RETURNING OFFICER 
 
 Appointment of, for elections under Local Government Act — Existing 
 authorities to make appointment if so required by rules, 251 — Rules 
 of Local Government Board to provide for appointment, 205 
 
 Ballot boxes, &c, of public authoiity to be lent to, 206 
 
 Convention of first meeting of district council by, 253 
 
 Duty of, to prosecute for personation, 282 
 
 Liability of, for misconduct, 279, 280, 303, 304 
 
 Use of schoolroom or room maintainable out of local rates by, for pur- 
 poses of poll, counting votes, or hearing objections to nomination 
 papers, 205, 278 
 
 RIGHT OF WAY 
 
 Acquisition of, by parish council, 83 ; land not to be taken cornpul- 
 sorily for the purpose, 90 
 See also Public right of way 
 
 ROADSIDE WASTES 
 
 Protection of, by district and county borough council?, 157-159 
 Public rights over, 159 
 
 ROOM MAINTAINABLE OUT OF LOCAL RATES 
 
 Use of— for purposes connected with Allotments, 17, 18, 388 — for 
 purposes of Election, 205, 278 — for Parochial purposes, 17, 18 
 
 RULES OF LOCAL GOVERNMENT BOARD AS TO ELEC- 
 IIOKS 
 
 Elec ions to be conducted under — of Guardians, 149 — of Members of 
 D etropolitan vestry and local board of Woolwich, 162 — of Parish 
 ci uncillors, 7, 8 — of Rural district councillors, 154 — of Urban district 
 c uncillors, 153 
 
 Prov isions to be made by rules, 204-206
 
 Index. 481 
 
 RURAL AUTHORITY, definition o"", in Local Government Act, 1888.. 
 245 
 
 DISTRICT 
 
 Administration of affairs of small rural district l>y c mncil of adjoin- 
 ing district in certain cases, 154, 156 
 
 Alteration of boundaries of, 378 : see also Boundaries 
 
 Change of name of, 21G 
 
 Definition of, 152 
 
 Group of parishes in general to be wholly within one rural district, 187 
 
 Parish coextensive with rural district, separate parish council not to be 
 elected for, unless otherwise directed, 107 
 
 See also Rural sanitary district 
 
 COUNCIL 
 
 Acceptance of office by councillors, 205 
 
 Accounts of, and audit of such accounts, 218, 219 : see also Audit 
 
 Administration by, of affairs of small adjoining district, 154 ; 
 councillors of small district to act as members of administering 
 council, 154, 155 
 
 Allotments, functions of district council as to: see Allotments ; Allot- 
 ments Act, 1887; Allotments Act, 1890 
 
 Appointment of parochial committee by, 137, 13S ; such committee to 
 consist partly of parish councillors in certain cases, 137 
 
 Areas for election of councillors, 151, 154; power of county council to 
 alter such areas, 228 
 
 Casual vacancies among councillors, 205 
 
 Chairman of, 154, 227— Disqualifications for the office, 192-202; see 
 also Disqualifications — to be Justice of the peace, 152 
 
 Complaint on default of— by Parish council, as to Allotments, 90, 93, 
 386 ; as to Protection of public rights of way or roadside wastes, 158 ; 
 as to enforcement of Public Health Acts, Repair of highways, Sewer*, 
 or Water supply, 138, 139— by Parish meeting, 145 ; demand of poll 
 as to such complaint, 264 — by Parliamentary electors on default of 
 council as to allotments, 386 — Reference of complaint to joint 
 committee of county councils in certain cases, 233 — consequences of 
 Transfer of functions of district council to county council upon sucli 
 complaint, in case of complaint as to allotments, 3S7-389, in other 
 cases, 232, 233 
 
 Consent of, to diversion or stopping of a public right of way, 110 
 
 Delegation by, of functions to parish council, 137; parish council to 
 have services of clerk of district council in such case, unless other- 
 wise directed, 141 
 
 Disqualifications for office of councillor, 192-202 ; see also Disquali- 
 fications 
 
 Duties of — as to Exercise of their powers generally, 139 — Saving with 
 regard to duties of, 83— as to Sewers, 139— as to Water supply, 
 139, 140 
 
 Election of, 154 ; see also Election 
 
 Establishment of, 152 
 
 Expenses of, 161, 162 
 
 Grant or appropriation of land by, as open space, 60 
 
 Guardians, councillors to represent their parish or board of, 154 
 
 Highways— functions of highway Authority transferred to council, 
 155 ; postponement of transfer, 156— additional Powers of council as 
 to highways, 156, 161 ; upon first taking over of highways, 258— 
 powers of Vestry as to highways transferred to council, 157 
 
 Holding of land by, 155 
 
 Incorporation of, 155 
 
 Inspection of documents under control of, 219 
 
 Meetings of, 227 ; not to be held on premises licensed for sale of 
 intoxicating liquor if avoidable, 229
 
 484 Index. 
 
 RURAL DISTRICT COVNCIT,— continued. 
 
 New rural parish formed where parish is divided by Local Government 
 
 Act, to elect one councillor, 251 
 Nomination of additional members of, in certain cases, 154, 155 
 Number of councillors, 151, 154; maybe altered by county council, 
 
 228, 378 
 Parish council, rural district council to act as, in case of parish coex- 
 tensive with rural district, 167 
 Proceedings of, 227 
 Protection by, of public rights of way, roadside wastes aud commons, 
 
 157-160 
 Qualification of councillors, 154 
 Re-eligibility of councillors, 205 
 Resignation of councillors, 205, 208 
 Retirement of councillors, 154 — power of County council to determine 
 
 rotation, 228 — retirement of First councillors, 251, 252 
 Rural sanitary authority, functions of, transferred to rural district 
 
 council, 155 
 Term of office of councillors, 154 ; in case of first councillors, 251, 252 
 Urban powers may be conferred on, by Local Government Board, 156, 
 
 157 
 Use of board room and offices of guardians by, 227 
 Vacation of office of councillors, for absence from meetings, 194 
 Vice-chairman of, 227 
 See also District council 
 
 PARISH 
 
 Denfiition of, 2 
 
 Establishment of parish councils and meetings for, 1, 2 
 
 See Parish 
 
 . SANITARY AUTHORITY 
 
 Existing members of — to take Measures for first elections under Local 
 
 Government Act, 251 — Retirement of such members, 252 
 Highway authority, sanitary authority act as, in certain cases, 113 
 Transfer of functions of, to rural district council, 155 
 
 DISTRICT 
 
 Administrative county, rural sanitary district partly within and partly 
 without — to be Considered by county council, 166— Divided by 
 Local Government Act, 154 ; effect of such division, 175, 176 : see 
 also Division 
 
 Boundaries of, 184, 185 
 
 Parish partly within and partly without, — to be Considered by county 
 council, 166 — Divided by Local Government Act, 2, 167 ; effect of 
 such division, 175: see also Division 
 
 Small district with less than five elective guardians capable of acting 
 on sanitary authority — to be Considered by county council, 166 — 
 Preservation of power of Local Government Board to nominate 
 additional members of authority, 155 
 
 S. 
 SALE, &c, OF PARISH PROPERTY : see Parish property 
 
 SANITARY 
 
 Authority: see Rural sanitary authority ; Urban sanitary authority 
 District, boundaries of, 184, 185 : see also Rural sanitary district 
 Works, power of parish council to execute, 83
 
 Index. 485 
 
 SAVINGS FOR 
 
 Accounts of receipts and expenditure before appointed day and audit 
 
 of such accounts, 260 
 Aldershot local board, 228 
 
 Bye-laws, orders, &c, of authority whose functions are transferred, 261 
 Contracts, &c, subsisting at the time of transfer of functions, 261 
 Debts, liabilities, &c, of authority whose functions are transferred, 260, 
 
 261 
 Duties of sanitary authorities, 83 
 Elementary schools, 231 
 
 Legal and other proceedings and causes of action, 260, 261 
 Local Acts — applicable to Guardians, 229 — applicable in Urban 
 
 district, 260 
 Oxford board of guardians, 229 
 Powers of Local Government Board — as to Proceedings of guardians, 
 
 227 — as to alteration of Unions, 167 
 Rates, &c, made before appointed day, 260 
 
 SCHEME for charity to be communicated to parish council or chairma:i of 
 parish meeting, 126 : see also Charity 
 
 SCHOOL 
 
 Board — Application to Education Department for formation or disso- 
 lution of, 213; by parish meeting, 211 — Officers of, not disqualified 
 to be guardians, 202 
 
 District, effect of alteration of parish on, under Divided Parishes Acts, 
 181, 183 
 
 Elementary school — definition of, 2-43 — saving for trusteeship and 
 management of, 234 
 
 Grant of parish land as site for, 212 ; parish meeting substituted for 
 owners and ratepayers as regards consent to such grant, 211 
 
 Room, use of — for purposes connected with Allotments, 17, 18, 388 — 
 for purposes of Elections, 205, 278 — for Parochial purposes, 17, 18 
 
 SCILLY ISLANDS, application of Local Government Act within, 241 
 
 SEAL 
 
 Contracts of corporation not under, how far binding, 13-16 
 Rural district council to have a common seal, 155 
 
 SERVICE OF NOTICE ON 
 
 Member of parish council, 265 
 Parish council, 266 
 
 — meeting, 264 
 
 SEWERS 
 
 Complaint by parish council on default of district council with regard 
 
 to, 138 : see also Complaint 
 Notice to be given to parish council of plans of district council for 
 sewerage, 139 
 
 SINGULAR, words in, include plural in modern statutes, 247 
 
 SMALL HOLDINGS ACT 
 
 Definition of small bolding, 100 
 
 Parish councillors to be members of committee under, 28, 62 
 
 Small holding not to be hired compulsoiily by parish council, 99 
 
 TENEMENTS 
 
 Rating of, 29, 30 ; power of Local Government Board to confer func- 
 tions of vestry as to rating of, on authority in urban district, 164, 165 
 
 SOUTH WALES 
 
 Circular of Local Government Board to highway boards in, 411 
 Highways in, 114
 
 486 Index. 
 
 SPECIAL 
 
 Drainage districts, 138 
 
 Expenses under Local Government Act, Local Government Board may 
 direct to be raised as general expenses, 161 
 
 STANDING 
 
 Committee of county council for purposes of acquisition of land on 
 
 behalf of parish council and of allotments, 97, 386, 387 
 Orders of parish council for regulation of their proceedings and pro- 
 ceedings of parish meeting, 267 
 
 STOPPING UP OF HIGHWAY 
 
 Consent of parish and district council required for, 110 ; parish meeting 
 may negative such consent, 110; parish meeting substituted for 
 parish council in parish not having parish council, 145 
 
 Proceedings for— under Highway Act, 1835.. 120-1 23— under Other 
 statutes, 123, 124 
 
 Statutory authority required for, 120 
 
 SUMMARY 
 
 Determination of question as to transfer of functions or vesting of 
 
 property, 235, 246 
 Jurisdiction Acts, definition of, 248 
 
 CUNDAY 
 
 Inclusion of, in computation of time, 241 
 
 Provision for case in which anything is required to be done on, 238 
 
 SUPERFLUOUS LAND acquired for allotments or for purposes of 
 parish council, sale, &c, of, 95, 369, 370 
 
 SURVEYOR OF HIGHWAYS 
 
 Appointment of, 117 
 
 Board may be appointed to discharge duties of, in large parish, 118 
 
 Contracts of, 119 
 
 Paid Surveyor — Appointment of, 118 — such surveyor to be deemed 
 
 Officer of appointing authority for purposes of provisions of Local 
 
 Government Act as to existing officers, 254 
 Sale by, of land allotted lor repair of highways when exhausted, 213; 
 
 consent of justices to such sale not to be required, 211 
 Uniting of highway parishes into district under common surveyor, 118 
 
 T. 
 
 TERM OF OFFICE OF 
 
 Chairman — of Parish council, 8 — of Parish meeting in parish not 
 
 having parish council, 144 ; of first chairman in such parish, 251 
 Charity trustee appointed under Local Government Act, 127 
 Guardians, 149, 150; of guardians first elected under Local Govern- 
 ment Act, 252 
 Members — of Committee of parish or district council, 216 — of Joint 
 committee of parish and district councils, 218 — of Metropolitan 
 vestries and local board of Woolwich first elected under Local 
 Government Act, 252, 253 
 Parish councillors, 7 ; of first councillors, 251 
 Rural district councillors, 154 ; of first councillors, 251, 252 
 Urban district councillors, 153; of first councillors, 251, 252 
 
 THROWING AWAY of votes on disqualified candidate, 318 
 
 TIME 
 
 Computation of, 238-241 ; for purposes of Municipal Corporations 
 
 Act, 321 
 Limitation of, in proceedings against public authorities, &c, 390
 
 Index. 487 
 
 TRAMWAYS, powers of vestry as to, 30, 31 
 
 TREATING 
 
 Corrupt practice, treating constitutes, 332 
 Definitions of, 305, 355 
 Excuse with regard to, 342 
 Nature of offence, 333 
 
 TRANSFER 
 
 Construction of enactments relating to functions transferred to parish 
 council or parish meeting, 212 
 
 Debts and liabilities transferred by Local Government Act in con- 
 junction with transfer of powers and duties, 234 
 
 District council in default, transfer of functions of, to county council 
 — under Allotments Act, 1890.. 386; consequences of such transfer, 
 387, 388 — under Local Government Act, 139, 158 ; consequences of 
 such transfer, 232, 233 
 
 Officers transferred by Local Government Act in conjunction with 
 transfer of powers and duties, 254 
 
 Permissive transfer of functions from authority under adoptive Acts — 
 to Parish council where authority act for part of parish, 214 — to 
 Urban district council where authority act within urban district, 
 230 
 
 Powers, &c, transferred by Local Government Act — from authority 
 under Adoptive Acts, to parish council, 62 ; to parish and district 
 councils and parish meetings jointly, 214 — from Allotment managers, 
 &c, to parish council, 28 — from Churchwardens to parish council, 
 27— from County council to Local Government Board after lapse of 
 certain period, 169 — from G-uardians to parish council, 27 — from 
 Highway authority to rural district council, 155 ; postponement of 
 such transfer, 156 — from Justices, to county borough council, 163 ; 
 to district council, 160 ; to parish council, as regards appointment of 
 overseers and assistant overseers, 18 — from Overseers and church- 
 wardens and overseers to parish council, 27 — from Quarter sessions 
 to county borough council, 163 ; to district council, 160 — from 
 Rural sanitary authority to rural district council, 155 — from Vestry 
 to parish council, 26 ; to parish meeting as regards certain matters 
 under adoptive Acts, 62 ; to parish meeting where there is no 
 parish council, 144, 145 ; to rural district council as regards high- 
 ways, 157 
 
 Property transferred by Local Government Act — from Churchwardens 
 and overseers, to parish council, 19, to chairman of parish meeting 
 and overseers where there is no parish council, 145 — in conjunction 
 with Transfer of powers and duties, 234 
 
 Savings for existing rights and duties notwithstanding transfer, 260, 
 261 
 
 TRUSTEES 
 
 Appointment of charity trustees — by Parish couucil, 125-127 — by 
 
 Parish meeting, 126, 145 
 Definition of, 242 
 
 Saving for trusteeship of elementary school, 234 
 Transfer of property by trustees to parish council or their appointees, 
 
 125 
 See also Charity 
 
 U. 
 
 UNDUE INFLUENCE 
 
 Corrupt practice, undue influence constitutes, 332 
 Definitions of, 355 
 Excuse in respect of, 342 
 Nature of offence, 333, 334
 
 4S8 Index. 
 
 UNHEALTHY HOUSES, complaint as to, 61 ; by parish council, 27 
 ULTRA VIRES, doctrine of, 13 
 
 UNION 
 
 Alteration of — by County council, 167 — by Local Government Board, 
 
 184, 382 
 Assessment Acts, 34, 35 ; expenses of overseers under, 32, 33 
 Boundaries of, 184 
 Definition of " poor law union," 245 
 New parishes constituted by division of parish by Local Government 
 
 Act to be in original union until otherwise provided, 168 
 Relief, disqualification for office by receipt of, 192, 194-196 
 
 URBAN AUTHORITY, definition of, in Local Government Act, 
 
 1888.. 245 
 
 DISTRICT 
 
 Adoption within— of Adoptive acts after appointed day, — of Baths 
 
 and AVashhouses Acts, 67— of Burial Acts, 230, 231— of Public 
 
 Libraries Act, 79 
 Boundaries of, 184, 185 : and see Boundaries 
 Government of parish to be provided for, on formation or alteration 
 
 of, 215, 216 
 Lighting and Watching Act superseded within, 64 
 Local Government Board may confer various powers on authority 
 
 in, 163-165 
 Parish situate in more than one — to be Considered by county council, 
 
 166 — Divided by Local Government Act, 167, 170; effect of such 
 
 division, 175 : see also Division 
 Wards of, 376 — Alteration of such wards, 378 — Provision with regard 
 
 to wards formed under local Act, 261, 262 
 
 COUNCIL 
 
 Abolition of ex officio and nominated members of, 153 
 
 Acceptance of office by councillors, 205 
 
 Accounts of, and audit of such accounts, 218, 219 : see also Audit 
 
 Burial board, council may be invested with powers of, 231, 232 
 
 Casual vacancies on, 205 
 
 Chairman of, 227 — Disqualifications for the office, 192-202 ; see also 
 
 Disqualifications — to be Justice of the peace, 152 
 Commons, powers of council in relation to, 158, 159, 160 
 Disqualifications for office of councillor, 192-202 : see also Disqualifi- 
 cations 
 Election of, 153 ; see also Election 
 Expenses of, under Local Government Act, 161 
 Grant or appropriation of land by, for open space, 60 
 Improvement commissioners continued as separate body from, for 
 
 purposes of harbour, 233 
 Jurisdiction of, as highway authority — over part of parish without 
 
 their district, 113 ; continuance of such jurisdiction till rural district 
 
 council become highway authority, 156 
 Local Government Board empowered to confer certain functions on, 
 
 163-165 
 Meetings of, 227; not to be held on premises licensed for sale of 
 
 intoxicating liquor if avoidable, 229 
 Number of members of: may be Altered by county council, 378 — 
 
 Unaltered by Local Government Act, xl 
 Proceedings of, 153 
 
 Protection by, of public rights of way and roadside wastes, 157-159 
 Qualification of councillors, 153 
 Re- eligibility of councillors. 205 
 Resignation of councillors, 205, 208
 
 Index. 489 
 
 RURAL DISTRICT COUNCIL— continued. 
 
 Retirement of councillors, 153 ; retirement of first councillors, 251, 252 
 
 Saving— as to Aldershot local board, 228 — with, regard to Local Acts 
 applicable to urban sanitary authority, 2G0 
 
 Term of otlice of councillors, 153 ; in ca^e of first councillors, 251, 252 
 
 Transfer— of functions of authority under Adoptive Acts to council 
 jointly with other authority in certain casts, 214; permissive transfer 
 of functions of such authority to council alone in other cases, 230 — 
 of certain functions of Justices and Quarter sessions to council, 160 
 
 Urban sanitary authority to be called urban district council as 
 from appointed day, 152 
 
 Vacation of office by councillors, for absence from meetings, 194 
 
 Vice chairman of, 227 
 
 SANITARY AUTHORITY 
 
 Circular letter of Local Government Board to, 400 
 
 Existing members of authority — Continuance in office and retirement 
 
 of, 252 — Measures to be taken by, for conduct of first elections under 
 
 Local Government Act, 251 
 Highway authority, urban sanitary authority act as, 113 
 Re-naming of, as urban district council, 152 ; saving for continuity of 
 
 existence of body, notwithstanding change of name, 260 
 
 DISTRICT 
 
 Boundaries of 1S4, 185; see also Boundaries 
 Re-naming of, as urban district, 152 
 
 V. 
 
 VACANCY 
 
 Casual : sec Casual Vacancy 
 
 Retiring members of authority to continue in office if vacancy not filled 
 at election — of Borough councillors, 301 ; application of provisions 
 of Municipal Corporation Act in this respect to guardians, district 
 councillors, and members of the local board of "Woolwich and metro- 
 politan vestries, 205— of Parish councillors, 203 
 
 VACATION of office where person becomes disqualified or forfeits his seat 
 for absence, 194, 202 
 
 VALUATION LIST 
 
 Appeal against, 36, 37 ; transfer of overseers' powers as to such appeal 
 
 to parish council, 27 
 Objections against, by overseers, 35, 36 ; transfer of overseers' powers 
 
 in this respect to parish council, 27 
 Preparation and purposes of, 34, 35 
 Provision as to valuation list of parish divided by Local Government 
 
 Act, 260 
 
 VESTRY 
 
 Application by, for division of parish into parish wards, &c, before 
 
 appointed day, 238 
 Clerk — Appointment of, 142; parish council not to make appointment, 
 
 141 — Existing vestry clerk to become clerk of parish council, 254 
 Definition of— in Highway Act, 1835.. 11 G, 117— in Local Government 
 
 Act, 1894.. 243; special definition for certain purposes connected 
 
 with adoptive Acts, 62 — in Public Libraries Act, 80 
 Metropolitan vestry : see Metropolitan 
 New parish formed under Divided Parishes Acts, provision with reg ird 
 
 to vestry of, 182 
 Notice of meeting of, 210, 211 
 
 2 K
 
 49° Index. 
 
 VESTRY— continued. 
 
 Powers, &c, of — as to Accounts of parochial charities, 136 — as to 
 Allotments under Poor Relief Act, 1819, local Inclosure Acts, &c, 45- 
 48 — as to Appeal by overseers against valuation list, 37 — as to the 
 Appointment of assistant overseers, 22, 23 ; of vestry clerk, 142 — as 
 to adoption and superintending the execution of the Baths and 
 Washhouses Acts, 67, 68 — as to establishment, election and control 
 of Burial boards, 69-78 ; in urban district, 232 — as to Custody of 
 parish documents, 143 — as to Gas works, 31, 32 — as to Expenses of 
 overseers under Union Assessment Acts, 32, 33 — as to provision of 
 iFire engines, 44 — under Highway Acts, as to Acceptance of liability 
 to repair new highway, 118 ; as to Amount of highway rate, 119; 
 as to Appointment of collector of highway rates, 119, of highway 
 surveyor, 117; as to Contracts of surveyor, 119; as to Election of 
 waywardens, 120 ; as to Establishment of board for repair of high- 
 ways in large parish, 118; as to Expenditure of surveyor on legal 
 proceedings, 119, 120; as to Stopping up or diversion of highway, 
 120, 124 ; as to Taking over of highway repairable by individual, 
 119 ; as to Uniting of parishes under common paid surveyor, 118 — as 
 to Knackers yards, 33 — as to Parish constables, 32 — as to Provision 
 of vestry room and parochial office, 43 — as to adoption and control 
 of execution of Public Libraries Act, 79-82 — as to Rating of small 
 tenements, 29, 30 — as to Remuneration of rate collector in respect 
 of sanitary rates, 33 — as to Tramways, 30, 31 — as to Waterworks, 31 
 
 Room, provision of, 43 ; transfer of powers of overseers to provide, to 
 parish council, 27 
 
 Substitution of parish meeting for, in respect of certain matters under 
 adoptive Acts, 62, 63 
 
 Transfer — of power of vestry to Appoint trustees or beneficiaries of a 
 charity to parish council or, in case of beneficiaries, to appointees of 
 parish council, 126 — Construction of enactments relating to 
 functions transferred from vestry to parish council or meeting, 212 — • 
 of Powers, duties and liabilities of vestry, to parish council, 26 ; to 
 parish meeting where there is no parish council, 144 
 
 VICE-CHAIRMAN OP 
 
 District council, 227 
 Guardians, ISO, 227 
 Parish, council, 266 
 
 VILLAGE GREEN" 
 
 Allotment of, under Inclosure Acts, 52 
 Management of, by parish council, 82 
 
 Transfer to parish council of powers of churchwardens and overseers to 
 hold or manage, 27 
 
 VOTE 
 
 Casting, of chairman — of Committee, 267 — of Parish council, 266 — of 
 Parish meeting, 264 
 
 Conclusiveness of register of parochial electors as to right to vote, 
 189, 191, 192 
 
 Counting of votes, 274, 289, 290 ; use of schoolroom or room maintain- 
 able out of local rate for, in case of election under Local Government 
 Act, 205, 278 ; see also Ballot Act 
 
 Throwing away of votes given to disqualified candidate, 318, 319 
 
 W. 
 
 WARDS OP 
 
 Borough, 376 ; determination and alteration of such wards, 376, 377 
 Parish — Division of parish into, before appointed day, 258, 259 — for 
 election of Guardians, 228, 229 — for election of Parish councillors,
 
 Index. 491 
 
 WARDS OP— continued. 
 
 143, 144; such wards to be called parish wards, 144; parish meeting 
 for parish ward, 209 
 Urban districts, 376, 378 ; provision with regard to wards determined 
 under local Act, 261, 262 
 
 WATER SUPPLY 
 
 Complaint by parish council on default of district council with regard 
 
 to, 138, 139: see also Complaint 
 Duty of district council as to, 139, 140 
 
 Notice to be given to parish council of plans of district council for, 139 
 Provision of, by parish council, 82, 83; land not to be taken com- 
 
 pulsorily for the purpose, 90 
 
 WORKS, powers of vestry as to, 31, 32 
 
 WAY 
 
 Acquisition of rights of, by parish councils, 85 ; land not to be taken 
 for the purpose compulsorily, 90 
 See also Highway, Public right of way 
 
 WAYWARDENS : see Highway board 
 
 WOMEN 
 
 Disqualification of, to be parliamentary electors, 5 
 
 Eligibility of, whether single or married, for membership of— board of 
 
 Guardians, 149, 151 — Parish council, 7 — Rural district council, 151 
 
 — Urban district council, 153 
 Removal, for purposes of Local Government Act, of disqualification 
 
 for registration as local government electors hitherto entailed on 
 
 women by marriage, 189 
 Sex does not disqualify, for registration es local government electors, 6 
 
 WOOLWICH LOCAL BOARD 
 
 Application to — of provisions of Local Government Act with respect 
 to qualification of electors, the qualification of persons to be elected, 
 and the mode of conducting the election, 162 ; with respect to dis- 
 qualifications for office, 194 ; with respect to first elections of members, 
 &c, 251-253 — of provisions of Municipal Corporations Act with 
 respect to acceptance of office, expenses of elections, resignation, 
 re-eligibility of holders of office, casual vacancies, &c, 205 
 
 Chairman of, 163 
 
 Circular of Local Government Board to, 412 
 
 Removal of difficulties — as to First election or meeting of, under 
 Local Government, 253 — as to election of Individual member of 
 board, 206 
 
 WRITING, definition of, 249 
 
 WRONGS, liability of local authority in respect of, 16
 
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