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at every meeting of a district board, and such chairman, in case of an SECT. 31. equality of votes on any question, shall have a second or casting vote. This is now to apply only in the absence of the chairman elected for the year, but the text appears to imply that the annually elected chairman shall have no casting vote.
(3.) Nothing in any local and personal Act shall pre- Sub-sect. (3). vent any vestry in the county of London from holding their meeting at such time as may be directed by the vestry.
TIME OF MEETING OF VESTRY.-The 25 & 26 Vict. c. 102, s. 37, provides that every vestry and district board may hold their meetings on such days of the week, except Sundays, as they may from time to time determine, notwithstanding any provision to the contrary contained in any local Act, and that any business which by any local or other Act of Parliament or custom should be done by any such vestry on a certain day, may be done at any meeting of such vestry duly convened for the purpose, and held within seven days next before or after such certain day as aforesaid: Provided that where the hour of time for holding such meetings is fixed by the local Act, they shall continue to be held at the same hour or time. This proviso appears to be superseded by the text.
32. The provisions of this Part of this Act respecting SECT. 32. the powers, duties, and liabilities of justices out of Application session, or of quarter sessions, which are transferred to a to county district council, shall apply to a county borough as if were an urban district, and the county borough council were a district council.
The provisions of this Act here referred to are contained in section 27, ante, p. 142. These powers, duties, and liabilities are to be transferred to the council of a county borough, as in the case of any other urban district council, this express provision being rendered necessary by section 35, post.
provisions as to transfer of justices' powers.
Act to urban
33. (1.) The Local Government Board may, on the SECT. 33. application of the council of any municipal borough, Power to including a county borough, or of any other urban apply certain district, make an order conferring on that council or provisions of some other representative body within the borough or districts and 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,
SECT. 33. duties, or liabilities of a parish council, and applying with the necessary modifications the provisions of this Act with reference thereto.
OVERSEERS IN URBAN DISTRICTS AND IN LONDON.-In urban districts and in the metropolis the overseers and assistant overseers will be appointed as formerly, unless an order is made under this subsection. The present mode of appointing overseers and assistant overseers is stated in the notes to section 5, ante, p. 26.
The powers conferred by an order under this section may be given to the urban district council or to any other representative body within the district. There is no definition of a representative body, but it may include the guardians if the union is included within the borough. The revocation of the appointment of an assistant overseer has hitherto been in the discretion of the vestry, under 59 Geo. 3, c. 12, s. 7. The transfer of the powers of overseers is important. These powers may include the preparation of the valuation lists, though the approval of the valuation lists will still be the duty of the union assessment committee; also the making of the poor rate, though that will have to be allowed by justices and published as heretofore.
The powers, duties, and liabilities of a parish council which may be conferred under this section are contained in the First Part of this Act.
(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.
CHARITIES IN URBAN PARISHES.-The exercise of the powers hereby conferred is left to the discretion of the Local Government Board, but that board will probably act only upon a representation made to them by the inhabitants or representatives of the parish interested either before an order is originally made under the preceding sub-section or afterwards. And see sub-section (5), post.
This sub-section appears to be a modification of section 14, subsections (2) and (3), ante, p. 97, under which a parish council have power to appoint trustees of parish charities. If no order is made
under the above provision these powers of the parish council may be SECT. 33. transferred to the borough or urban council under the preceding subsection.
It should be observed that the order can only be made when the borough or district is divided into wards.
(3.) Any order under this section may provide for its Sub-sect. (3). 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.
This provision requires no comment. It enables the powers conferred by the previous sub-section to be limited to particular areas within the borough or district, but it gives no indication of the cases in which such a restriction should be imposed. It is difficult to suggest such cases.
(4.) The order shall not alter the incidence of any rate, Sub-sect. (4). and shall make such provisions as may seem necessary and just for the preservation of the existing interests of paid officers.
The provision as to the incidence of the rate seems to have been inserted ex cautelâ, for it is not apparent how an order under this section could alter the incidence of any rate.
The provision as to officers may have reference to the protection of such officers as an assistant overseer, collector, or vestry clerk. For this purpose the order may apply some of the provisions of section 81, sub-section (7), as to existing officers.
(5.) An order under this section may also be made on Sub-sect. (5). the application of any representative body within a borough or district.
The use of the word "also" refers apparently to sub-section (1), under which the order may be made on the application of the borough or district council. The expression "representative body" has been referred to in the notes to that sub-section.
An order under sub-section (2) may also be made on the application of a representative body.
(6.) The provisions of this section respecting councils Sub-sect. (6). 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
SECT. 33. district, and the sanitary authority were the council of that district.
Supplemental provisions as to control
of overseers in urban district.
The sanitary authorities in the county of London are the vestries and district boards. See the Public Health (London) Act, 1891, s. 99.
(7.) The Local Government Board shall consult the Charity Commissioners before making any order under this section with respect to any charity.
It will be noticed that this provision does not make the approval of the Charity Commissioners necessary to the validity of an order made by the board with respect to a charity; their approval is necessary in the case of a similar order as to a charity made by a county council, under section 36, sub-section (3).
As to the Charity Commissioners, see note to section 14, subsection (1), ante, p. 96.
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 confer on such council or body the powers of the vestry under the third and fourth sections of the Poor Rate
32 & 33 Vict. Assessment and Collection Act, 1869.
POWERS OF THE VESTRY UNDER THE POOR RATE ASSESSMENT AND COLLECTION ACT, 1869.-Section 3 of this Act provides that in case the rateable value of any hereditament does not exceed 207. if the hereditament is situate in the metropolis, or 137. if situate in any parish wholly or partly within the borough of Liverpool, or 10. if situate wholly or partly within the city of Manchester or the borough of Birmingham, or 87. 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 overseers may, subject nevertheless to the control of the vestry, agree with the owner to receive the rates from him, and to allow him a commission not exceeding 25 per cent. on the amount thereof.
Section 4 provides that the vestry of any parish may from time to time order that the owners of all rateable hereditaments to which section 3 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 there- SECT. 34. upon and as 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 15 per cent. from the amount of the rate. 2. If the owner of one or more of such rateable hereditaments shall give notice to the overseers in writing that he is willing to be rated for any term, not less than one year, in respect of all such rateable hereditaments of which he is 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 15 per cent. 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 not being 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 effect of the provisions in the text is that when an order has been made under section 33 giving to the council of the borough or district, or to some representative body, either the power of appointment of overseers and assistant overseers, or the powers, &c., of overseers, the powers of the vestry under the foregoing sections may be transferred to such council or representative body. Where only the power of appointing overseers and assistant overseers is conferred, the overseers will act under section 3, subject to the control of the council or body; and the overseers must give effect to any resolution of the council under section 4. Where the powers of overseers are conferred by the order, the council, in the exercise of the powers under section 3, may be freed from the control of the vestry, and any resolution made by them under section 4 will be carried out by themselves or rescinded by them in manner provided by that section.
It should be observed that an agreement made by an owner under these sections, though purporting to be made for a term of years, is in force only so long as the hereditaments rated are under the values specified in section 3. Norwood (Overseers of) v. Salter, L. R. (1892) 2 Q. B. 118; 56 J. P. 535.
It may be well to mention here that where an owner pays the rates or is rated under the above sections, the occupier is deemed to be rated and to pay the rate for the purpose of any qualification or franchise depending upon rating under sections 7 and 19 of the Act.
35. Save as specially provided by this Act, this Part of SECT. 35. this Act shall not apply to the administrative county of London or to a county borough.
The special provisions in this part of the Act applicable to the county of London and to a county borough are contained in sections 30-34.
Restrictions on application of Act to London, &c.