The Local Government Act, 1894, with an introduction, appendix, and index, forming an epitome of the law relating to parish councils, and showing the alteration in the law relating district councils and boards of guardians

Front matter

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Preface To Second Edition

i^INCE the First Edition of this Work was pubUshed ^-^ in May last, many portions of the Act have been carried into efiFect. The important duties cast upon CJounty Councils of re-arranging areas and boundaries so as to bring this measure into immediate operation, have (for the most part) been performed. A large number of General Orders have been issued by the Local Government B^rd, the chief of which relate to the elections of the various local authorities whose constitution is regulated by this Statute. These Election Orders are set out in the Appendices to the present Edition, but, as they are not of a permanent character — having reference to the first elections only — it has been thought inexpedient to annotate them. An exception has been made in the case of the Parish Councillors Election Order, to which short notes have been added where the rules seemed to require comment or explanation ; and the notes to these rules will often be found to apply to the corresponding rules for the elections of the remaining bodies. The former Edition being entirely out of print, it has been felt to be impossible a vi 'Preface.

to delay the publication of the present Edition until the issue of more permanent Election Orders.

The notes to the Act itself have been revised throughout ; some of those which dealt with the transitory provisions of the Act and were in consequence themselves of a transitory nature, have been omitted. The Introduction has also been revised in such a way as to give a complete summary up to the present date of the general effect of the Act and of the machinery by which it has been brought into operation.

A. M.

T. R. C. D.

Tbmple.

November f 1894.

Preface To First Edition

JN preparing this Edition of the Local Government Act, 1894, the Authors have found their task rendered very arduous by reason of the length to which the method of legislation by reference to previous enactments has been carried in this measure. After careful consideration, it has been thought that the object of the present Work would be better achieved by a full annotation of the text than by setting out the incorporated Acts in full. Accordingly, those provisions of other enactments which bear upon the present Act have in all cases been given in the notes to the section to which they apply, and, wherever it is necessary, to the full understanding of the text that the words of an applied enactment should be given, it has been set out in extenso. By this method it is hoped that the meaning of the provisions of this Act, when combined with those of incorporated Acts, will have been made intelligible.

Many of the provisions of the Act come into immediate operation ; the Authors have, therefore, aimed at placing their interpretation of it in the hands of those whom it affects at as early a date as possible, but they have considered speedy publication a secondary matter as compared with a deliberate examination and adequate explanation of the many points of difficulty inherent in

a subject of such complexity.

a 2 viii 'Preface.

Since this Act received the Royal assent (on the 5th of March last) , the Local Government Board have issued Circulars relating to the effect of the measure upon different local authorities. They have also made Orders under some of the powers conferred upon them by the Act. The Circulars and Orders will be found collected in the Appendix. In one case, an important Order has been set out in a note {see section 36).

A. M.

T. R. C. D.

Temple, May, 1894.

Contents

PAGE

Preface TO THE First Edition vii

Table OF Statutes CITED xv

Table OF Cases cited xxix

Introduction xxxi

ARRANGEMENT OF SECTIONS.

PART L

Parish Meetings and Parish Councils.

CoTutUuiion of Parish Meetings and ParUh Councils. sect.

1. Constitution of parish meetings and establishment of

3. Constitution of parish council 11

4. Use of schoolroom 17

Powers and DtUies of Parish Councils and Parish Meetings.

5. Parish council to appoint overseers 25

6. Transfer of certain powers of vestry and other authori-

ties to parish council 30

7. Transfer of powers under adoptive Acts 40

8. Additional powers of parish council 48

9. Powers for acquisition of land 56

11. Restrictions on expenditure 83

12. Borrowing by parish council 87

13. Footpaths and roads 91

14. Public property and charities 96

15. Delegated powers of parish councils 105

X Contents.

SECT. PAGE

16. Complaint by parish council of default of district

17. Parish officers and parish documents 108

19. Provisions as to small parishes 115

PART II. Guardians and District Councils

20. Election and qualification of guardians 121

21. Names of county districts and district councils 126

22. Chairman of council to be justice 127

23. Constitution of district councils in urban districts not

being boroughs 128

24 Bural district councils 130

25. Powers of district council with respect to sanitary and

highway matters 134

26. Duties and powers of district council as to rights of way,

rights of common, and roadside wastes 138

27. Transfer of powers of justices to district council ... 142

28. Expenses of urban district council 146

29. Expenses of rural district council 146

30. Guardians in London and county boroughs 150

31. Provisions as to London vestries and district boards ... 150

32. Application to county boroughs of provisions as to transfer

of justices' powers 153

33. Power to apply certain provisions of Act to urban

districts and London 153

34. Supplemental provisions as to control of overseers in

urban districts 156

35. Restrictions on application of Act to London, &c. ... 157

PART in.

Areas and Boundarisb.

36. Duties and powers of county council with respect to area

and boundaries 158

37. Provision as to parishes having parts with defined

boundaries 173

38« Orders for grouping parishes and dissolving gtbups ... 173

ContenU. xi

81CT. P^oia

39. ProviedoDB for increacie and decrease of population ... 175

40. Certain orders of coonty council not to require con-

firmation ... 177

41. Reduction of time for appealing against county council

orders 177

42. Validity of county council orders 177

PART IV. SaP?LEMBNTAL

Parish Mutvngs and EUdions.

43. Removal of disqualification of married women 178

44. Register of parochial electors 179

45. Supplemental provisions as to parish meetings 191

46. Disqualifications for parish or district council 192

47. Supplemental provisions as to parish councils 201

48. Supplemental provisions as to elections, polls^ and tenure

of office 204

49. Provision as to parish meeting for part of parish ... 211

50. Supplemental provisions as to overseers 212

Parish and Dutrict Councils.

51. Public notices 213

55L Supplemental provisions as to transfer of powers .. 214

53. Supplemental provisions as to adoptive Acts 219

54. Effect on parish council of constitution of urban

55. Power to change name of district or parish ... .. 225

56. Committees of parish or district councils 226

57. Joint committees 228

58. Audit of accounts of district and parish councils and

59. Supplemental provisions as to district councils 234

MiscelUmeous,

60. Supplemental provisions as to guardians 237

61. Place of meeting of parish or district council or board of

62. Permissive transfer to urban district council of powers of xii Contents,

SECT. PAGE

63. Provisions as to county council acquiring powers of

district council 240

64. County council may act through district council ... 242 66. Saving for harbour powers 243

66. Saving for elementary schools ... 243

67. Transfer of property and debts and liabilities ... .:. 243

68. Adjustment of property and liabilities 244

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

70. Summary proceeding for determination of questions as

to transfer of powers 249

71. Supplemental provisions as to county council orders ... 250

72. Provisions as to local inquiries 251

73. Provision as to Sundays and Bank Holidays 252

74. Provisions as' to Scilly Islands 252

75. Construction of Act 253

76. Extent of Act 257