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SECT. 78. the clerk of the guardians, shall convene the first meeting of the parish council.
First elections of guardians and district councils.
CONVENING FIRST MEETING OF PARISH COUNCIL.-The chairman of the first parish meeting (who will be elected at that meeting) is to convene the first meeting of the council, and in his default the clerk of the guardians. It does not appear when the chairman of the first meeting is to be deemed to be in default in this respect, as no time is specified for the convening of the first meeting of the council. It is suggested that the first meeting of the council should be convened for a day not later than seven days after the council comes into office, on the analogy of the time for holding the ordinary annual meeting of a parish council, which is to be held “on or within" seven days after the ordinary day of coming into office of councillors. Section 3, sub-section (7), ante, p. 15.
(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.
RETIREMENT OF FIRST PARISH COUNCILLORS.-The day referred to is the 15th of April, 1896. The chairman of a parish meeting" referred to, must be the chairman in a parish which has no parish council who will (except on the first occasion) be elected for a year. See sections 2, sub-section (4), and 19, sub-section (1), and notes, ante.
79. (1.) The existing boards of guardians and urban and rural sanitary authorities shall take the necessary measures for the conduct of the first elections of guardians and district councillors respectively under this Act, including any appointment of returning officers required by rules under this Act.
The duties of existing boards of guardians and sanitary authorities under this sub-section appear in the rules for elections framed by the Local Government Board. See the Appendix, post.
(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.
REPRESENTATION OF NEW PARISHES CREATED BY THIS ACT. -A parish may be divided into two or more new parishes by this Act
when it is partly within, and partly without a rural sanitary district SECT. 79. (section 1, sub-section (3)), or where it is in more than one urban district (section 36, sub-section (2)). A new parish so formed will have only one guardian, and, if it be a rural parish, only one district councillor, who will, of course, be also the guardian for the parish; but this provision is subject to any order which may be made by the county council assigning more than one guardian or district councillor to such a parish, or uniting a parish with another for the purposes of the election of guardians, or rural district councillors, (section 60, ante, p. 237). As to the power of the county council to fix and alter the number of guardians and rural district councillors, see section 60, ante, p. 237.
(3.) Of the guardians and urban and rural district Sub-sect. (3). councillors first elected under this Act, save as hereinafter mentioned, one-third as nearly as may be shall continue 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 Sub-sect. (4). 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 ninetyseven, 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.
RETIREMENT OF FIRST GUARDIANS.-It will be noticed that this sub-section, unlike sub-section (3), relates only to guardians and rural district councillors. The dates of the retirement of the first guardians and district councillors (urban and rural), where these bodies retire by thirds will be the same for each body; the question which individuals shall retire in each year, will be determined by the county council in the case of guardians and rural district councillors (see section 60 sub-section (2), ante, p. 237), and in the case of urban district councillors in the manner provided by sub-section (6), infra.
(5.) Where guardians or rural district councillors retire Sub-sect. (5). together at the end of the triennial period, the guardians
SECT. 79. and district councillors first elected under this Act shall retire on the fifteenth day of April, one thousand eight hundred and ninety-eight.
As to the simultaneous retirement of guardians, &c., see sections 20, sub-section (6), and 24, sub-section (4), ante.
(6.) Of the first urban district councillors elected under this Act, the third who are respectively to retire on the 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 district 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 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 electing additional guardians, no further elections shall be held.
OFFICE OF EXISTING GUARDIANS AND MEMBERS OF SANITARY AUTHORITIES.—In reference to this sub-section, the following circular dated the 3rd of April, 1894, has been issued to boards of guardians by the Local Government Board :
"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 chairmen and vice- SECT. 79. 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 guardians and of rural 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 such.
"In those cases where the orders in force require that the election of chairmen and vice-chairmen should take place at the first 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 cominittee must be regarded as having been appointed for one year only, and consequently 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, 1876, 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 visting 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 relief committee will, subject to the terms of the Order authorising the appointment of the committee, continue in office until 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 continue 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."
(9.) The first meeting of each district council elected under this Act shall be convened by the returning officer. No date is fixed by the Act or rules for the holding of the first meeting.
(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 overseers of each part of the said parish, which by reason of such division becomes a separate parish.
This refers to the persons who at the appointed day are overseers of a parish divided by the Act. Such overseers are to be deemed overseers for each of the parts which thus becomes a separate parish until the time when separate overseers for such parts will be appointed.
80. (1.) If any difficulty arises with respect to the holding of the first parish meeting of a rural parish, or to county council the first election of parish or district councillors, or of guardians, or of members of the local board of Woolwich, 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