SECT. 7. Sub-sect. (7). Sub-sect. (8). SECT. 8. Additional powers of parish council. expenses of the parish council. It will be seen hereafter that, by section 11, sub-section 3, the expenses under these Acts are to be excluded in reckoning the maximum amount which the parish council are authorised to spend. The sub-section will further apply in a case similar to that which is provided for by section 18 of the Public Libraries Act, 1892, under which, as we have seen, land as distinguished from buildings is rated at a proportion only of its rateable value. A similar provision is contained in section 33 of the Lighting and Watching Act. Rates for the purposes of these Acts will continue to be levied as heretofore. As to these expenses in a parish not having a parish council, see note on sub-section (1), ante, and section 19, sub-section (9). (7.) When any of the adoptive Acts is adopted for the whole or part of a rural parish after the appointed day and the parish has a parish council, the parish council shall be the authority for the execution of the Act. EXECUTION OF ACTS ON FUTURE ADOPTION. - Under section 56 a parish council has power to appoint committees for the exercise of any powers which, in the opinion of the council, can be properly exercised by committees. It is suggested that the execution of an adoptive Act is a matter which might properly be delegated to a committee; the acts of a committee, it must be remembered, are to be submitted to the council for their approval, and a committee will not hold office beyond “the next annual meeting" after its appointment (section 56). Sub-section (2) of that section seems exactly to meet the case of the execution of an adoptive Act which has been adopted for a part only of a parish. (8.) For the purposes of this Act the passing of a resolution to provide a burial ground under the Burial Acts, 1852 to 1885, shall be deemed an adoption of those Acts. The resolution referred to is that of the parish meeting passed by the required majority. See ante, notes to sub-section (1), and subsection (2). 8. (1.) A parish council shall have the following additional powers, namely― (a.) To provide or acquire buildings for public offices and for meetings and for any purposes con nected with parish business or with the powers SECT. 8. BUILDINGS FOR OFFICES AND MEETINGS.-This power appears to be in addition to those which are transferred to the council from the churchwardens and overseers, under section 6, sub-section (1) (c). These powers are noticed under section 4, sub-section (1), ante. They only exist in comparatively large parishes. The power given in the text applies in the case of every parish having a parish council, but its exercise must, of course, be controlled by the limits which are placed upon the expenditure of a parish council by section 11. It will be noticed that the purposes for which these buildings may be provided or acquired relate to parish business, and the powers and duties of parish councils and meetings; they may, however, be let for other purposes under sub-section (2). (b.) To provide or acquire land for such buildings and for a recreation ground and for public walks; and RECREATION GROUNDS. The power hereby conferred upon the council as to recreation grounds and public walks will be in addition to the power transferred under the last section, which depends upon the adoption by the parish meeting of the Public Improvement Act, 1860. As to the holding and management by a parish council of allotments for recreation grounds under the Inclosure Acts, see ante, section 6, sub-section (1) (c.) (iii.) and notes. Provisions as to the acquisition of land by a parish council are contained in section 9, post, et seq. The power conferred by this clause also seems adapted for the use of larger parishes only, though it is, of course, exercisable in any parish having a parish council. (c.) To apply to the Board of Agriculture under section nine of the Commons Act, 1876; and REGULATION OF COMMONS.-Section 9 of the Commons Act, 1876, provides for the making of applications to the Inclosure Commissioners (now the Board of Agriculture) by persons interested in any common for the regulation or inclosure of commons under the Inclosure Acts, 1845 to 1868, as amended by that Act, and requires that the Board shall, when requested, issue to such persons directions as to the mode in which such applications shall be made, with explanations as to the law for the regulation and inclosure of commons. (d.) To exercise with respect to any recreation ground, village green, open space, or public walk, which E 39 & 40 Vict. c. 56. SECT. 8. 38 & 39 Vict. c. 55. 53 & 54 Vict. c. 59. is for the time being under their control, or to the expense of which they have contributed, such powers as may be exercised by an urban authority under section one hundred and sixtyfour of the Public Health Act, 1875, or section forty-four of the Public Health Acts Amendment Act, 1890, in relation to recreation grounds or public walks, and sections one hundred and eighty-three to one hundred and eighty-six of the Public Health Act, 1875, shall apply accordingly as if the parish council were a local authority within the meaning of those sections; and REGULATION OF OPEN SPACES.-Section 164 of the Public Health Act, 1875, provides as follows:-"Any urban authority may purchase or take on lease, lay out, plant, improve, and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever. Any urban authority may make bye-laws for the regulation of any such public walk or pleasure ground, and may by such bye-laws provide for the removal from such public walk or pleasure ground of any person infringing any such bye-law, by any officer of the urban authority, or constable.” Section 44 of the Public Health Acts Amendment Act, 1890, provides as follows:-" (1) An urban authority may, on such days as they think fit, not exceeding twelve days in any one year, nor four consecutive days on any one occasion, close to the public any park or pleasure ground provided by them, or any part thereof, and may grant the use of the same, either gratuitously or for payment, to any public charity or institution, or for any agricultural, horticultural, or other show, or any other public purpose, or may use the same for any such show or purpose; and the admission to the said park or pleasure ground, or such part thereof, on the days when the same shall be so closed to the public, may be either with or without payment, as directed by the urban authority, or with the consent of the urban authority, by the society or persons to whom the use of the park or pleasure ground, or such part thereof, may be granted, provided that no such park or pleasure ground shall be closed on any Sunday or public holiday. (2) An urban authority may either themselves provide and let for hire, or may license any person to let for hire any pleasure boats on any lake or piece of water in any such park or pleasure ground, and may make bye-laws for regulating the numbering and naming of such boats, the number of persons to be carried therein, the boat-houses and mooring places for the same, and for fixing rates of hire, and the qualifications of boatmen, and for securing their good and orderly conduct while in charge of any boat." Sections 183 to 186 of the Public Health Act, 1875, contain provisions as to the bye-laws which may be made by a local authority under that Act. They include a power to impose penalties for breach of byelaws, and require that such bye-laws shall not take effect until they have been confirmed by the Local Government Board, and that opportunity shall be given for the inspection of the proposed bye-laws by the ratepayers before they are confirmed, and that when made they shall be printed and hung up in the office of the local authority, and copies be given to the overseers of every parish to which they relate, and to any ratepayer of the district to which they relate upon his application. A copy of the bye-laws, signed and certified by the clerk of the local authority by whom they were made, is evidence in all legal proceedings. All the powers of a local authority under the sections above referred to may be exercised by a parish council with respect to a recreation ground, &c., which is under their control, or to the expense of which they have merely "contributed." There is no provision such as might have been expected for the joint exercise of the powers by the parish council and the other contributors to the expense of the ground, nor any saving of the rights of those other contributors. In fact, the rights of management of any persons who own or have hitherto managed these grounds, &c., seem to be entirely superseded where the parish council have contributed, to however small an extent, to the expense; and "expense" would seem to include the cost of keeping the ground up as well as the cost of acquiring and laying it out in the first instance. (e.) To utilise any well, spring, or stream within their parish and provide facilities for obtaining water therefrom, but so as not to interfere with the rights of any corporation or person; and WATER SUPPLY.-This clause confers upon a parish council a limited power of providing a water supply for their parish. It must be noticed that it does not give a power to bring water from outside the parish; only wells, springs, or streams within the parish can be utilized for the purposes of this clause. Moreover, the rights of any corporation or person are not to be interfered with. This prohibition, it is suggested, would not prevent the acquisition of rights by voluntary agreement, but it is sufficient to protect from interference the rights of private persons who may own land covered by water, or have property, such as fisheries or riparian rights over any stream, and of public bodies, such as conservancy authorities or district councils, whose duties as to water supply are expressly retained intact by sub-section (3), post. Clause (i.), post, gives the parish council power to execute any works which may be necessary to the exercise of their powers under this clause, and if the view that they may acquire land by agreement for this purpose be correct, it may be acquired under the provisions of section 9, post. SECT. 8. Note. SECT. 8. (f.) To deal with any pond, pool, open ditch, drain, or place containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority; and INSANITARY DITCHES AND DRAINS.-Any pool, ditch, &c., which is a nuisance or injurious to health, may be dealt with by the district council under sections 91-98 of the Public Health Act, 1875, and subsection (3) of this section contains an express saving of the powers of the district council as to the execution of sanitary works. The exercise of the power given to a parish council by this clause may be a matter of some difficulty. They have not at their disposal the services of the medical officer of health, inspector of nuisances, and other sanitary officers who form part of the staff of the district council. Their powers, therefore, to detect any such nuisance as is mentioned in the text seem limited to the personal observation of the parish councillors. If, however, such a nuisance be brought to the notice of a parish council, it is difficult to see how they are to deal with it in the manner described without interfering with private rights; neither is there any provision for the taking of any such legal proceedings by the parish council to enforce the abatement of the nuisance as may be taken by a district council under the sections of the Public Health Act above referred to. Where such a nuisance cannot be removed by a parish council under this clause (or clause (4)) without interfering with a private right, it seems that the best course for that council to pursue will be to bring the matter under the notice of the district council, and, if necessary, to complain under section 16 of this Act to the county council of the default of the district council. (g.) To acquire by agreement any right of way, whether within their parish or an adjoining parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof; and RIGHTS OF WAY.-This clause empowers a parish council to purchase a right of passage over land not already the subject of a public right of way. A right of way so acquired would, of course, enure for the benefit of the inhabitants of the parish, and the parish council must, before proceeding to acquire it, satisfy themselves that its acquisition will be for the benefit of the inhabitants of the parish generally, or of |