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Powers of guardians.

Local Acts.

Definition of
District Council.

Change of name.

Provision where failure to elect.

Under local Acts, Boards of Guardians sometimes exercise the powers of overseers, or collect the rates, or have other powers not possessed by guardians under the general law. On an application of a Board of Guardians, agreed to by a majority at two successive meetings, the Local Government Board may, by a provisional order which requires the confirmation of Parliament, repeal or alter any of the provisions of such a local Act [Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106), s. 2; Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122), s. 3].

DISTRICT Councils.

In the Local Government Act, 1894, and every other Act, unless the context otherwise requires, the expression "District Council" is to include the Council of every urban district, whether a borough or not, and of every rural district, and the expression "county district " is to include every urban and rural district whether a borough or not (s. This provision has no application to a county borough (s. 35); and the Council of a county borough will not, except where it may be otherwise provided, be a "District Council," nor will the borough be a "county district."

Any District Council may, with the sanction of the County Council, change their name and the name of their district. The change of name is to be published in such manner as the authority authorising the change may direct, and must be notified to the Local Government Board. The change will not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name (s. 55).

The authority authorising the change of name would be the County Council, and it rests with them to direct the mode of publication. In terms the provision relates to every District Council, and enables the name of a borough to be changed, but it does not seem applicable to a borough.

If any District Council, other than a Borough Council, become unable to act, whether from failure to elect or otherwise, the County Council of the county in which the district is situate may order elections to be held, and may appoint persons to form the District Council until the newly elected members come into office (s. 59 (5)). No provision is made for this power of the County Council being exercised by a joint committee of County Councils where a rural district is situated in more than one county.'

Where there is a failure to elect guardians, the persons elected on the previous occasion may continue under section 10 of the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57), to act as guardians until the next election. But this would be subject to the provision in section 24 (3) of the Local Government Act, 1894, under which persons appointed by the County Council to form a Rural District

1 See page 196.

Council would be the representatives on the Board of Guardians of the parish or area for which they were appointed rural district councillors.

RURAL DISTRICT COUNCILS.

For every Rural Sanitary District there is to be a Rural District Council whose district is to be called a Rural District (s. 21 (2)). The Rural District Council succeeds under section 25 the Rural Sanitary Authority. Rural district councillors will represent on the Board of Guardians the areas for which they are elected as rural district councillors; but otherwise there will be no connection between the new Rural District Councils and the Boards of Guardians and the respective bodies will be entirely independent authorities.

Establishment of
Rural District
Council.

Council.

A Rural District Council will consist of a chairman and councillors, Constitution of and the councillors will be elected by the parishes or other areas for the election of guardians in the district.

The provisions of the Act relating to the number, qualification, election, term of office and retirement of guardians, as shown on pages 121 to 126, apply to rural district councillors. The chairman of the Rural District Council may be elected from outside the councillors (s. 59 (1)).

A woman may be elected (s. 22).

more than one County

Where a Rural Sanitary District is on the appointed day situate in Districts in more than one Administrative County, such portion of the district as is situate in each administrative county will, save as otherwise provided by or in pursuance of the Local Government Act, 1894, or any other Act, be as from the appointed day a rural district. If the number of councillors of any district so formed will be less than five, the provisions so far as unrepealed, of section 9 of the Public Health Act, 1875, with respect to the nomination of persons to make up the members of a rural authority to five, are to apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the District Council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district will be entitled, so far as regards those affairs, to sit and act as members of that District Council, but a separate account is to be kept of receipts and expenses in respect of the district, and the same are to be credited or charged separately to the district (s. 24 (5)). The provisions of section 9 of the Public Health Act, 1875, referred to, are to apply to the District Council of a rural district to which they applied at the passing of the Local Government Act, 1894 (s. 24 (6)).

Persons nominated to make up the members of a Rural District Council to five will not be guardians of any union of which the Rural District may form a part.

Under section 36 (1) (i) a Joint Committee of the County Councils

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Powers of guardians.

Local Acts.

Definition of

District Council.

Change of name.

Provision where failure to elect.

Under local Acts, Boards of Guardians sometimes exercise the powers of overseers, or collect the rates, or have other powers not possessed by guardians under the general law. On an application of a Board of Guardians, agreed to by a majority at two successive meetings, the Local Government Board may, by a provisional order which requires the confirmation of Parliament, repeal or alter any of the provisions of such a local Act [Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106), s. 2; Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122), s. 3].

DISTRICT COUNCILS.

In the Local Government Act, 1894, and every other Act, unless the context otherwise requires, the expression "District Council" is to include the Council of every urban district, whether a borough or not, and of every rural district, and the expression "county district " is to include every urban and rural district whether a borough or not (s. 21 (3)). This provision has no application to a county borough (s. 35); and the Council of a county borough will not, except where it may be otherwise provided, be a "District Council," nor will the borough be a "county district."

Any District Council may, with the sanction of the County Council, change their name and the name of their district. The change of name is to be published in such manner as the authority authorising the change may direct, and must be notified to the Local Government Board. The change will not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name (s. 55).

The authority authorising the change of name would be the County Council, and it rests with them to direct the mode of publication. In terms the provision relates to every District Council, and enables the name of a borough to be changed, but it does not seem applicable to a borough.

If any District Council, other than a Borough Council, become unable to act, whether from failure to elect or otherwise, the County Council of the county in which the district is situate may order elections to be held, and may appoint persons to form the District Council until the newly elected members come into office (s. 59 (5)). No provision is made for this power of the County Council being exercised by a joint committee of County Councils where a rural district is situated in more than one county.'

Where there is a failure to elect guardians, the persons elected on the previous occasion may continue under section 10 of the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57), to act as guardians until the next election. But this would be subject to the provision in section 24 (3) of the Local Government Act, 1894, under which persons appointed by the County Council to form a Rural District

See page 196.

Council would be the representatives on the Board of Guardians of the parish or area for which they were appointed rural district councillors.

RURAL DISTRICT COUNCILS.

For every Rural Sanitary District there is to be a Rural District Council whose district is to be called a Rural District (s. 21 (2)). The Rural District Council succeeds under section 25 the Rural Sanitary Authority. Rural district councillors will represent on the Board of Guardians the areas for which they are elected as rural district councillors; but otherwise there will be no connection between the new Rural District Councils and the Boards of Guardians and the respective bodies will be entirely independent authorities.

Establishment of
Rural District
Council.

Council.

A Rural District Council will consist of a chairman and councillors, Constitution of and the councillors will be elected by the parishes or other areas for the election of guardians in the district.

The provisions of the Act relating to the number, qualification, election, term of office and retirement of guardians, as shown on pages 121 to 126, apply to rural district councillors. The chairman of the Rural District Council may be elected from outside the councillors (s. 59 (1)). A woman may be elected (s. 22).

Where a Rural Sanitary District is on the appointed day situate in more than one Administrative County, such portion of the district as is situate in each administrative county will, save as otherwise provided by or in pursuance of the Local Government Act, 1894, or any other Act, be as from the appointed day a rural district. If the number of councillors of any district so formed will be less than five, the provisions so far as unrepealed, of section 9 of the Public Health Act, 1875, with respect to the nomination of persons to make up the members of a rural authority to five, are to apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the District Council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillors of the district will be entitled, so far as regards those affairs, to sit and act as members of that District Council, but a separate account is to be kept of receipts and expenses in respect of the district, and the same are to be credited or charged separately to the district (s. 24 (5)). The provisions of section 9 of the Public Health Act, 1875, referred to, are to apply to the District Council of a rural district to which they applied at the passing of the Local Government Act, 1894 (s. 24 (6)).

Persons nominated to make up the members of a Rural District Council to five will not be guardians of any union of which the Rural District may form a part.

Under section 36 (1) (i) a Joint Committee of the County Councils

Districts in
County

more than one

!

than one county.

Powers of

Districts in more concerned may, for special reasons, by order direct that the division of a rural district situated in more than one county shall not take place. The order must be made before the appointed day. It will County Councils. be the duty of the County Council to provide, unless for special reasons they otherwise direct, for uniting every rural district which will have less than five elected councillors to some neighbouring district or districts (s. 36 (1) (iii) ). There will be two classes of small rural districts to be dealt with by the County Councilthose that now exist, and those which will be created by the division of districts in more than one county. Where the County Council direct that such a small rural district shall not be united with any neighbouring district, the Local Government Board are authorised under the unrepealed provisions of section 9 of the Public Health Act, 1875, from time to time by order to nominate such number of persons as are necessary to make up the number of five councillors. The persons so nominated should be qualified to be rural councillors (s. 20 (2)). Instead of increasing the number of councillors the Local Government Board may, in the case of a small Rural District Council formed by the division under the Act of a district in more than one county, order that the affairs of the district shall be temporarily administered by the undivided District Council, but separate accounts are to be kept in respect of such small district. An arrangement of this character is to be temporary only, and the intention of the provision seems to be that the arrangement should be continued only so long as to allow of the necessary administrative changes being conveniently made for the purpose of absorbing the small district in one or more neighbouring districts.

Officers of

Where a rural sanitary district is divided by the Act, any officer divided districts. for the district will hold his office as such officer for each district formed by the division, and his salary is to be borne by the respective districts in proportion to their rateable value at the commencement of the local financial year next after the passing of the Act (s. 81 (5)), that is on the 1st of April, 1894.1

Incorporation of
Rural District

Council.

Common seal.

Every District Council for a rural district will be a body corporate by the name of the District Council, with the addition of the name of the district, or if there is any doubt as to the latter name, of such name as the County Council direct, and will have perpetual succession and a common seal, and may hold land for the purposes of their powers and duties without licence in mortmain (s. 24 (7)).

The title of a Rural District Council under this provision is "The Rural District Council for the Rural District of [Battle.]" There may be a doubt as to the name of a new rural district formed by the

1 See remarks on page 12 as to the similar provision with respect to divided parishes.

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