for giving information to all persons interested, be made SECT. 74. accordingly. SCILLY ISLANDS.-Section 49, sub-section (1), of the Act of 1888, provides as follows: "It shall be lawful for the Local Government Board to make a Provisional Order for regulating the application of this 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, and any such Order may provide for the establishment of councils, and other local authorities separate from those in the county of Cornwall, and for the contribution by the Scilly Islands to the county council of Cornwall, in respect of costs incurred by the county council for matters specified in the said Order as benefiting the Scilly Islands, and such Order may also provide for all matters which appear to the Local Government Board necessary or proper for carrying the order into full effect." 75. (1.) The definition of "parish" in section one SECT. 75. hundred of the Local Government Act, 1888, shall not Construction apply to this Act, but, save as aforesaid, expressions of Act. used in this Act shall, unless the context otherwise 51 & 52 Vict. requires, have the same meaning as in the said Act. PARISH. In the section referred to, it is enacted that in that Act 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 application of this definition being expressly excluded, the definition of "parish" in the Interpretation Act, 1889 (52 & 53 Vict. c. 63), applies, whereby (section 5) "parish" is defined to mean, 66 as respects England and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed." The part of the definition in the Act of 1888 which relates to parts of parishes would obviously be inapplicable to the present Act, having regard to its provisions as to parishes situate partly within and partly without a larger area; see sections 1 and 36, and notes. DEFINITIONS IN LOCAL GOVERNMENT ACT, 1888.-For expressions which are defined by the Act of 1888, and will have the same meaning when used in this Act, see the Act of 1888, s. 100. Such expressions will bear the meaning given to them by the earlier Act, "unless the context otherwise requires." It may be mentioned that the definition of "county" in the Act of 1888, is varied (infra, sub-section (2)), so c. 41. SECT. 75. Note. Sub-sect. (2). as to include a "county borough," and that the definition of "district council," and "county district" in the Act of 1888, definitions which had reference to future legislation which might establish district councils, must now be read as referring to the district councils, which are established by this Act, and to the districts of such councils; see section 21, ante, p. 126. (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 reference to a parish in an urban district, or in 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. As to "parochial electors" see section 44, sub-section (1), and notes, ante, p. 179. As to parochial electors in urban districts, the county of London and county boroughs, see sections 23, 30, and 31, ante. The expression "election" includes both the nomination and the poll. The rules as to elections framed by the Local Government Board under section 23, sub-section (6), section 20, sub-section (5), and section 3, sub-section (5), accordingly regulate the proceedings preliminary to the actual poll, including the nomination; the definition is not intended to be exhaustive, the word "includes" and not "means" being used. Reg. v. Kershaw, 6 E. & B. 1007; 26 L. J. M. C. 23; 20 J. P. 741. The expression "trustees" includes persons administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used. This definition has especial reference to section 14, ante, p. 96. Persons acting as trustees, although not trustees in the strict legal sense, are to be included in the term. 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 purpose; or (b.) For the benefit of any spiritual person or SECT. 75. ecclesiastical officer as such: or (c.) For use, if a building, as a church, chapel, mission room, or Sunday school, or other- (d.) For the maintenance, repair, or improvement 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 apportionment 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. AFFAIRS OF THE CHURCH.-It would, of course, be impossible to define exhaustively this expression. Difficulties as to what it includes besides the matters specified in the text may arise under sections 5 and 6, as to the transfer to the parish council, of property vested in the churchwardens and overseers, and of the powers, duties, and liabilities of those officers and of the vestry, and under section 17 as to the custody of parish books and documents. The expression "parochial charity" means a charity the benefits of which are or the separate distribution of the benefits of which is confined to inhabitants of SECT. 75. 33 & 34 Vict. c. 75. a single parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes. PAROCHIAL CHARITY.-The provisions of the Act upon which this definition has the most important bearing are section 14, sub-sections (2) (3) and (6). See notes to that section. Where the benefits of the charity or their separate distribution extend to more than one parish, it would seem that the powers of a parish council under section 14, subsections (2) and (3), will be exercisable by each of the parish councils concerned, and that the accounts required by sub-section (6) of the same section must be laid before the parish meeting of each such parish. 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. This expression will include meetings of the inhabitants in the nature of vestry meetings in places where there is properly no vestry, as, for example, parts of parishes which separately maintain their own highways. See 5 & 6 Will. 4, c. 50, ss. 5 and 6. It will also include meetings of inhabitants of part of a parish where any of the adoptive Acts have been adopted for such part. A "select vestry" may be established under 1 & 2 Will. 4, c. 60, or under local Acts. There are also select vestries in certain parishes appointed under local usages, and not under any Act. 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 elementary school within the meaning of the Elementary Education Act, 1870. The chief provisions of this Act which relate to elementary schools are sections 4 and 66. The Elementary Education Act, 1870, defines "elementary school" to mean "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 the instruction from each scholar exceed ninepence a week." The expression "local and personal Act" includes a SECT. 75. Provisional Order confirmed by an Act and the Act confirming the Order. Reference may be made to Reg. v. London County Council, L. R. (1893), 2 Q. B. 454; 63 L. J. Q. B. 4; 69 L. T. (N.S.) 440, 580; 42 W. R. 1; 58 J. P. 21; 9 T. L. R. 601, as to what is a local and personal Act. The expression "prescribed' 76. This Act shall not extend to Scotland or Ireland. SECT. 76. Extent of 77. This Act may be cited as the Local Government SECT. 77. Act, 1894. Short title. PART V. TRANSITORY PROVISIONS. First elec councils. 78, (1.) The overseers of each rural parish shall con- SECT. 78. vene the first parish meeting of the parish at the time fixed by or under this Act for the first election of parish tions to parish councillors, whether there is or is not a parish council for the parish, and for this purpose the overseers of a parish shall be deemed to be the overseers of every part of the parish. OVERSEERS TO CONVENE FIRST PARISH MEETING.-The time for the first elections is fixed by the rules which are set out in the Appendix, post. The date fixed for the first parish meeting is the 4th December. There will hereafter be separate overseers for parts of a parish divided by this Act, but for the purposes of convening the first parish meeting or meetings, the overseers of the existing parish are to be deemed to be the overseers of every part. Where a parish has been divided into wards for the election of parish councillors, a parish meeting for each ward must be convened. See sections 18 and 49. (2.) The chairman of the parish meeting at which the Sub-sect. (2). first parish councillors are nominated, or in his default S |