« ElőzőTovább »
Government Board, and of other charitable property, the consent of Public Libraries the Charity Commissioners (s. 13).
A library authority may borrow for the purposes of the Act, but the Borrowing. sanction or consent of the Parish Meeting is necessary (s. 19). A Parish Council executing the Public Libraries Act, would borrow under the provisions of the Local Government Act.'
The expenses of executing the Act in a parish are defrayed out of Expenses. a rate raised with and as part of the poor rate, subject to the qualification, that every person assessed to the poor rate in respect of lands used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, is entitled to an allowance of two-thirds of the sum assessed upon him in respect of those lands (s. 18 (1)).
In a parish not combined with any other parish the amount to be raised out of the rate requires the sanction of the Parish Meeting. The amount proposed to be raised must be expressed in the notice convening the meeting, and where the Act is executed by Commissioners the amount is to be paid according to the order of the Parish Meeting to the person appointed by the Commissioners to receive it. In the notices requiring the payment of the rate the proportion which the amount to be raised for the purposes of the Act bears to the total amount of the rate must be stated (s. 18 (2)).
No sanction of the Parish Meeting is required for raising the sums due from a parish annexed to any library district for meeting the expenses chargeable to the parish (s. 18 (3)).
The district auditor audits the accounts of the receipts and expenditure under the Act whether the library authority are Commissioners or a Parish Council (55 & 56 Vict. c. 53, s. 20 (2); Local Government Act, 1894, s. 51).
1 See page 67.
Lands Clauses Acts.
Acquisition by Parish Council of Land by Agreement—
ACQUISITION OF LAND.
FOR the purpose of the acquisition of land by a Parish Council the Lands Clauses Acts are incorporated with the Local Government Act, 1894, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section 178 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), is to apply as if the Parish Council were referred to therein (s. 9 (1)).
Under this provision the Parish Council will be able to acquire by agreement land for such purposes as they are authorised to acquire land. In connection with the powers and duties of the Parish Council under the Local Government Act, 1894, the Adoptive Acts and other statutes, mention has been made of the various purposes for which land may be acquired by them. They may, for instance, acquire land for building public offices and for recreation grounds (s. 8 (1) (a)), and for the purposes of a supply of water or of a right of way (Local Government Act, 1894, ss. 8 (1) (e) (g), 9 (15)).
The Lands Clauses Acts, which comprise the following statutes:—
THE LANDS CLAUSES CONSOLIDATION ACTS AMENDMENT ACT,
THE LANDS CLAUSES CONSOLIDATION ACT, 1869 (32 & 33
THE LANDS CLAUSES (UMPIRE) ACT, 1883 (46 & 47 Vict
Any Acts for the time being in force amending the same, contain provisions which are usually made applicable to the acquisition of lands for undertakings of a public nature. It is beyond the scope of the present work to set out those provisions at length, and it must suffice to say that the provisions of those Acts relating to the purchase of land by agreement are so framed as to meet every kind of difficulty likely to arise in any case where all parties concerned are willing to treat. Ample powers to sell and convey are conferred in the case of infants, lunatics, and other parties under disabilities, and provision is
made for the proper application of the purchase money or compensation. The consideration for the sale and conveyance of lands under the Acts may be either the payment of a gross sum or an annual rent charge. Other provisions deal very fully with the conveyance of lands, agreement. the entry upon lands, the enfranchisement of copyholds, the acquisition of common or waste lands and of lands subject to leases, mortgages, and other encumbrances, and subsidiary matters. The provisions of the Acts with respect to the sale of superfluous lands are subject to the provisions of section II of the Allotments Act, 1887, which is made to apply to land purchased under section 9 of the Local Government Act, 1894.1
Section 178 of the Public Health Act, 1875, enables lands belonging to the Duchy of Lancaster to be sold and disposed of for such sum as to the Chancellor and Council of the Duchy may appear sufficient consideration. This section is given at page 313 of the Appendix.
If a Parish Council are unable to acquire by agreement, and on Compulsory reasonable terms suitable land for any purpose (other than for the acquisition. pose of any supply of water, or of any right of way,2 s. 9 (15)), for which they are authorised to acquire it, they may represent the case to the County Council, and the County Council must inquire into the representation (s. 9 (2)).
If on any such representation, or on any proceeding under the Allotments Acts, 1887 (50 & 51 Vict. c. 48), and 1890 (53 & 54 Vict. c. 65), a County Council are satisfied that suitable land for the purpose of the Parish Council or for the purpose of allotments, including common pasture, where authorised by the County Council to be acquired under section 12 of the Act of 1887, (as the case may be), cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances are such as to justify the County Council in proceeding, they are to cause such public inquiry to be made in the parish, and such notice to be given both in the parish and to the owners, lessees, and occupiers of the land proposed to be taken as may be prescribed by the Local Government Board, and all persons interested are to be permitted to attend at the inquiry, and to support or oppose the taking of the land (s. 9 (3)).
Section 3 of the Allotments Act, 1890, requires every County Standing Council to annually appoint a standing committee not exceeding onefourth of their own body for the purpose of dealing with petitions and holding local inquiries under that Act. The section, which is reprinted at page 371 of the Appendix, is incorporated with section 9 of the Local Government Act, 1894, and will with adaptations prescribed by the Local Government Board, apply accordingly (Local Government Act, 1894, s. 9 (13)). It will be the duty of a standing committee so
See page 110.
2 But for the purpose of allotments a right of way may be compulsorily acquired, see page 107.
Compulsory acquisition of land.
appointed to take the necessary preliminary proceedings to hold the public inquiry referred to in section 9 (3) of the Local Government Act, and to report the result to the County Council.
Before the standing committee of the County Council cause a public inquiry to be made they must satisfy themselves that suitable land cannot be acquired on reasonable terms by voluntary agreement, and that the circumstances justify them in proceeding. It would seem as if what the standing committee, as representing the County Council, are required to be first satisfied about, is the very purpose for which a public inquiry is necessary, but the provision must be taken to mean no more than that before the Committee take action a primâ facie case must be made out to their satisfaction. A petition to the County Council under the Allotments Act, 1890, to which reference will be presently made, is referred as of course to the standing committee of the Council required to be appointed by that Act, and if that committee is satisfied of the bona fides of the application they must forthwith cause a local inquiry into the circumstances to be made (53 & 54 Vict. c. 65, s. 3). On a representation in writing to the District Council by any six under Allotments registered parliamentary electors or ratepayers resident, in the case of an urban district, in that district, and, in the case of a rural district, in some parish in that district, that the circumstances of the urban district or parish are such that it is the duty of the Council to take proceedings under the Act, the Council are required to take such repretation into consideration.
Order for compulsory purchase.
If the District Council are of opinion, either after an inquiry made in consequence of such representation or otherwise, that there is a demand for allotments for the labouring population in such urban district, or in any parish in such rural district, and that such allotments cannot be obtained at a reasonable rent and on reasonable conditions by voluntary arrangement between the owners of land suitable for such allotments and the applicants for the same, the Council, subject to the provisions of the Act, are to purchase or hire suitable land which may be available, whether within or without the district or parish, adequate to provide a sufficient number of allotments, and are to let such land in allotments to persons belonging to the labouring population resident in the district or parish and desiring to take the same (50 & 51 Vict. c. 48, s. 2).
A District Council who are unable by hiring or purchase by agreement to acquire suitable land sufficient for allotments under the Allotments Act, 1887, at a reasonable price or rent and subject to reasonable conditions, may petition the County Council for an order authorising the compulsory acquisition of land. The order under that Act was provisional only, and had no force until confirmed by Parliament (s. 3). An order of the County Council for compulsory purchase or hiring under the Local Government Act, 1894, will require confirmation by the Local Government Board, and not by Parliament (Local Government Act, 1894, s. 9 (7)). In the case of a County Borough,
the jurisdiction to make an order for compulsory purchase under the Act of 1887, belongs to the Local Government Board by virtue of section 34 (7) of the Local Government Act, 1888. That Board will continue to exercise the jurisdiction, and will both make and confirm the order where the Council of a County Borough petition them under the Local Government Act, 1894 (s. 9 (18), and the order will not require confirmation by Parliament.
If after a representation has been made under section 2, of the Act of 1887, the District Council other than a Borough Council fail to take proceedings under the Act, any six persons qualified to make such representation may petition the County Council requesting them to put the Act into force for the purpose of providing a sufficient number of allotments for the district or parish (53 & 54 Vict. c. 65, s. 2 (1)). The petition is referred to the standing committee of the County Council appointed under the Act, and if they are satisfied of the bona fides of the application, they must cause a local inquiry to be made, and report to the Council (s. 3 (3)). If the County Council are satisfied by the inquiry that the circumstances are such that land for allotments should be acquired, they are to pass a resolution to that effect, and thereupon the powers and duties of the District Council as to allotments are transferred to the County Council.
A Parish Council are empowered to make a representation to the Proceedings by District Council under section 2 of the Act of 1887 (Local Government Act, 1894, s. 6 (3)), and petition the County Council under section 2 of the Act of 1890 (Local Government Act, 1894, s. 9 (17)).
The provision in the Local Government Act, 1894, with respect Compulsory to the compulsory acquisition of land, applies to three classes of acquisition of
(1) A Parish Council requiring land for any purpose for which they are authorised to acquire land compulsorily. (2) A District Council petitioning the County Council, or where applicable, the Local Government Board, for powers of compul sory purchase for the purpose of allotments. (3) A County Council requiring powers of compulsory purchase By County in order to exercise the powers and duties with respect to allotments transferred to them from a defaulting District Council. After completion of the public inquiry, and considering all Order of County objections made by any persons interested, the County Council may make an order for putting in force, as respects the land proposed to be taken compulsorily, or any part thereof, the provisions of the Lands Clauses Acts with respect to the compulsory purchase and taking of land (s. 9 (4)).
For the purpose of the Allotments Acts, the expression "land" Meaning of includes pasture, arable, and other land, and any right of way or easement (50 & 51 Vict. c. 48, s. 17). Ordinarily the expression does not include an easement as the subject of ownership apart from land, see the definition of "land" on page 8.