or parish meeting by this Act; and all such securities, SECT. 86. as well as all unsecured debts, liabilities, and obligations securities and incurred by any authority in the exercise of any powers discharge of or in relation to any property transferred from them to a council or parish meeting shall be discharged, paid, and satisfied by that council or parish meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any 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 Sub-sect. (2). 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.

87. All such bye-laws, orders, and regulations of any SECT. 87. authority, whose powers and duties are transferred by Saving for this Act to any council, as are in force at the time of the existing transfer, shall, so far as they relate to or are in pursuance bye-laws. of the powers and duties transferred, continue in force as if made by that council, and may be revoked or altered accordingly.

Saving for

88. (1.) If at the time when any powers, duties, SECT. 88. liabilities, debts, or property are by this Act transferred to a council or parish meeting, any action or proceeding, pending contracts, &c. 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, prosecuted, 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 Sub-sect. (2). 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


SECT. 88.

SECT. 89.


force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto.

89. The Acts specified in the Second Schedule to this Act are hereby repealed as from the appointed day to the extent in the third column of that schedule mentioned, and so much of any Act, whether public, general, or local and personal,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 alterable in like manner as if they had been fixed by an order of the county council under this or any other Act.

URBAN DISTRICTS: WARDS AND Number of Councillors.— This Act does not give power to a county council to create wards or fix the number of councillors in an urban district, but the meaning of the proviso in the text seems to be that where these matters are provided for by or in pursuance of a local and personal Act the county council shall have the same power of altering them from time to time as that body has in the case of rural districts. See section 60, sub-section (1), ante, p. 237.






Rules applicable to Parish Meetings.

These rules are made applicable to parish meetings by section 2, subsection (7), ante, p. 10.


(1.) The annual assembly of the parish meeting shall be held Rule (1). on the twenty-fifth day of March in each year, or within seven days before or after that day.

At this meeting the parish councillors for the year will be elected (see note to section 2, sub-section (3), ante, p. 7), and in parishes where there is no parish council, the chairman of the parish meeting for the year.

(2.) Not less than seven clear days before any parish meeting, Rule (2). 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.

As to the method of giving public notice of parish meetings, see section 51 and notes, ante, p. 213.

As to the time and place for holding a parish meeting, see, ante, section 2, sub-section (3) p. 7; section 45, sub-section (1), p. 191; and section 61, p. 239, and notes.

As to the use of schoolrooms and other rooms for this purpose, see section 4, and notes, ante, p. 17.

As to who may convene a parish meeting, see section 45, sub-section (3), ante, p. 192.

(3.) If the business relates to the establishment or dissolution Rule (3). 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.

As to applications by and consents of a parish meeting with respect to the establishment or dissolution of a parish council or the grouping of a parish, see sections 1, 36, 38, 39, and notes.

The procedure as to the adoption of any of the "adoptive Acts" is noticed under section 7, ante, pp. 40, et seq.

Rule (4).

Rule (5).

(4.) A parish meeting may discuss parish affairs and pass resolutions thereon.

(5.) Every question to be decided by a parish meeting shall, in the first instance, be decided by the majority of 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.


The voting at a parish meeting will be by show of hands. rule (8), infra, as to the casting vote of the chairman. The question of polls is dealt with in rules (6) and (7).

Rule (6). (6.) A poll may be demanded at any time before the conclusion of a parish meeting.

Demanded, that is, by parochial electors or, in certain cases, by a parochial elector present at the meeting. See next rule.

Rule (7). (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;

(b.) 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;

(f) The formation or dissolution of a school board;

(g.) 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 paro

chial electors present at the meeting, not being less than five in SCHED. 1 number or one third of those present, whichever number is least.

The matters in respect of which any one parochial elector may, before the conclusion of a meeting, demand a poll, should be carefully noticed; they are numerous, and in some instances appear to be somewhat trivial, and they may be added to indefinitely by the Local Government Board under clause (k.) of this rule.

The chief sections of the Act which relate to the matters enumerated in this rule are specified below; the letters refer to the lettered paragraphs of the rule.

(a.) Applications, &c., to county council, as to establishing and dissolving parish councils, sections 1, 38 sub-section (4), 39; as to grouping parishes, sections 1, 38 sub-section (4); (in small parishes) as to allotments, section 6, sub-section (3); as to default of district council, section 19, sub-section (8).

Application to district council (in small parishes) to obtain consent to stopping of highway, &c., section 19, sub-section (8).

It may be noticed that a petition by a parish meeting to the Local Government Board as to an alteration of boundaries or the division of a parish under section 36, sub-section (7), is not included in the matters here enumerated.

(b.) Appointment of chairman (in small parishes), section 19, subsection (1), and section 2, sub-section (4), note; committees, section 19, sub-section (3).

(c.) Appointment, &c., of overseers and parish officers, section 19, sub-section (5).

(d.) Appointment of trustees and beneficiaries of charity, section 14, sub-section (3), section 19, sub-sections (4), (5).

(e.) Adoption of adoptive Acts, section 7.

(f.) Formation or dissolution of school board, section 52, sub-section (2).

(g.) Consent or refusal to acts for which consent of parish meeting necessary establishment of council in small parishes, section 1, subsection (1), section 39, sub-section (1); grouping order, section 1, subsection (1), section 38, sub-section (4); dissolution of parish council, section 39, sub-section (2); under adoptive Acts, section 7, sub-section (3); sale or exchange of parish lands, section 8, sub-section (2); stopping, &c., of highway, section 13, sub-section (1); opposition or support of charity schemes, section 14, sub-section (5); under poor relief and other Acts, section 52, sub-section (1); as to doing of Acts relating to part only of parish, section 37; see also under (h.).

(h.) Incurring expense or liability: loans, section 11, sub-section (1); rate exceeding threepence, section 11, sub-section (1); supporting or opposing charity schemes, section 14, sub-section (5); spending money or raising rate under certain Acts, section 52, sub-section (1).

(.) Place and time of assembly, section 45, sub-section (1).

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