LOCAL TAXATION (CUSTOMS AND EXCISE) ACT, 1890. (53 & 54 VICT. CAP. 60.) An Act for the Distribution and Application of certain Duties of Customs and Excise; and for other purposes connected therewith. [18th August, 1890.] WHEREAS certain local taxation (customs and excise) duties have by an Act of the present session (s) been directed to be paid to the same local taxation accounts as the local taxation probate duty, and it is expedient to provide for the distribution and application of the duties so paid: 1.-(1.) Out of the English share of the local taxation (customs Application of English and excise) duties paid to the local taxation account on account of share of customs and any financial year(a.) The sum of three hundred thousand pounds shall be applied excise duties. for such purposes of police superannuation in England as hereinafter mentioned (t); c. 41. (b.) The residue shall, unless Parliament otherwise determines, be distributed between county and county borough funds, and carried to the Exchequer contribution accounts of those funds respectively, and applied under the Local Govern- 51 & 52 Vict. ment Act, 1888, as if it were part of the English share of the local taxation probate duty, and shall be the subject of an adjustment between counties and county boroughs, according to section thirty-two of the said Act, by the Commissioners under that Act (u). (2.) The council of any such county or county borough may contribute any sum received by such council in respect of the residue under this section, or any part of that sum, for the purposes of technical education (r) within the meaning of the Technical Instruction Act, 1889 (y), and may make that contribution over and above any sum that may be raised by rate under that Act. (s) This Act is the 53 & 54 Vict. c. 8, s. 7, ante, p. 485. (t) See s. 4, post. As to the distribution of the money by police authorities, see the Police Act, 1890, s. 17, ante, p. 498. (u) As to the English share of the local taxation probate duty, see the Local Government Act, 1888, ss. 21-24, ante, p. 48. It is provided by 54 Vict. c. 4, s. 2, post, that any moneys received by a county council under this clause, and directed by resolution to be appropriated or set aside for the purposes of technical or manual instruction, shall, although not expended or specifically contributed or allotted in whole or in part before the end of the financial year, remain applicable for such purposes, and shall not be applied in manner provided by s. 23, sub-ss. (2)—(10), of the Local Government Act, 1888, until the county council shall have made an order for such application. (x) This includes both technical and manual instruction within the meaning of the Technical Instruction Acts, 1889 and 1891 (54 Vict. c. 4, s. 3), post. (y) 52 & 53 Vict. c. 76, ante, p. 435. Sect. 3 (3). (3.) A county council may make any such contribution by giving the amount of the contribution or any part of that amount to any town council or other urban sanitary authority in their county for the purpose of the same being applied by such council or authority 52 & 53 Vict. under the Technical Instruction Act, 1889, over and above any sum which can be raised under that Act by rate by such council or authority (z). c. 76. 52 & 53 Vict. c. 40. Distribution of sums for police superannuation in England and Scotland. Distribution of local taxation (customs and excise) duties. 51 & 52 Vict. c. 41. Definitions. (4.) The council for any county to which the Welsh Intermediate Education Act, 1889 (a), applies may contribute any sum received by such council under this section in respect of the said residue or any part of that sum towards intermediate and technical education under that Act, in addition to the amount which the council can under that Act contribute for such education. * 4.-(1.) Out of the annual sum applicable under this Act for police superannuation in England one hundred and fifty thousand pounds shall be paid to the receiver for the Metropolitan police district, and applied in aid of the police superannuation fund for the Metropolitan police force. .... (2.) The remaining half of the said annual sum shall be distributed among the police authorities of the other police forces in England other than the police force of the city of London . . . . (b), and the amounts to be so distributed shall be distributed and applied towards the superannuation of the police forces in such manner and in accordance with such conditions and regulations as may be provided by or in pursuance of any Act hereafter passed, and until so distributed and applied shall remain to the credit of the local taxation accounts. 5. All sums paid in respect of the local taxation (customs and excise) duties to any local taxation accounts mentioned in section twenty-one of the Local Government Act, 1888 (c) . . . shall be paid and distributed by the like central authority as in the case of the local taxation probate duty, and the enactments relating to such distribution shall, subject to the express provisions of this Act, apply accordingly; the said accounts are in this Act referred to by the names given them in the said Acts. 6. In this Act, unless the context otherwise requires:- is directed to be paid to the several local taxation accounts in England, (z) See s. 1, sub-s. (1) (g), of that Act, ante, p. 437. (a) See that Act, ante, p. 423. (b) In this and the following sections, clauses relating only to Scotland and Ireland are omitted. As to the distribution of the sums referred to, see s. 17 of the Police Act, 1890, ante, p. 498. (c) Ante, p. 48. The expression "central authority" means as respects England the Local Government Board; Sect. 6. 7. This Act may be cited as the Local Taxation (Customs and Short title. Excise) Act, 1890. ALLOTMENTS ACT, 1890. (53 & 54 VICT. Cap. 65) (d). An Act to provide for an Appeal from a Sanitary Authority failing to carry into effect the Allotments Act, 1887. 1. This Act shall be construed as one with the Allotments Act, Construction and short 1887 (in this Act referred to as the principal Act), and the title. principal Act and this Act may be cited together as the Allotments 50 & 51 Vict. Acts, 1887 and 1890, and this Act may be cited as the Allotments c. 48. Act, 1890. 2. (1.) Where such representation (e) as is authorised by section Appeal to two of the principal Act has been made to the sanitary authority county council by with respect to any district or parish, not being within the limits of (d) This Act enables a county council to take steps to provide allotments of land for the labouring population in any urban district or rural parish within their county where the district council have failed in a proper case to provide such allotments under the Allotments Act, 1887. The Act of 1887 and this Act are fully annotated in Mr. Brooke Little's "Law of Allotments"; they are also set out in "Lumley's Public Health." The procedure under these Acts has been affected in several important particulars by the Local Government Act, 1894, post. (e) The representation must be made to the sanitary authority, viz., the district council, by any six registered parliamentary electors or ratepayers resident in an urban district or in some parish within a rural district, or (in the case of such a parish) by the parish council, and must state that the circumstances of the urban district or parish are such that it is the duty of the district council to take proceedings under the Allotments Act, 1887. See s. 2 of that Act and s. 6 (3) of the Local Government Act, 1894, post. If the district council are of opinion that there is a demand for allotments for the labouring population in the urban district or parish, and that they cannot be obtained at a reasonable rent (as defined by the Act of 1887) and on reasonable conditions by voluntary arrangement, the district council are required by s. 2 of the Act of 1887, and subject to the provisions of that Act, to purchase or hire suitable land adequate to provide a sufficient number of allotments, and to let it in allotments to persons belonging to the labouring population resident in the district or parish and desiring to take it. They are not, however, to acquire land for allotments save at such price or rent that in their opinion all expenses incurred (except in making public roads) in relation to the allotments may reasonably be expected to be recouped out of the rents. It is only after a representation has been made under the principal Act and has been ineffectual that a petition may be presented to the county council under the text. Such a petition may, in the case of a rural parish, be presented by the parish council as well as by the persons mentioned in this section. Local Government Act, 1894, s. 6 (3), post. persons entitled to Sect. 2 (1). a borough as defined by the Municipal Corporations Act, 1882, and any six persons qualified to make such representation consider that the circumstances of the district or parish are such as to make it the duty of the sanitary authority to take proceedings under that Act therein, and that the sanitary authority have failed to acquire land adequate and suitable in quality and position to provide a sufficient number of allotments, such persons may petition the county council of the county in which such district or parish is situate, stating the facts and requesting the council to put into force the principal Act for the purpose of providing a sufficient number of allotments for the district or parish. c. 50. Standing committee. (2.) The council, if satisfied by the inquiry hereinafter mentioned (f) that the circumstances are such that land for allotments should be acquired, shall pass a resolution to that effect, and thereupon the powers and duties of the sanitary authority under the principal Act, so far as regards that district or parish, shall be transferred from the sanitary authority to the county council, and the county council, in substitution for the sanitary authority, shall proceed to acquire land in accordance with the principal Act, and otherwise execute that Act in the said district or parish (g). Provided that this section shall not affect the property in, or any powers or duties of the sanitary authority in relation to, any land which before the passing of the said resolution was acquired by the sanitary authority under the principal Act. 3.-(1.) For the purposes of this Act or the principal Act every county council, as soon as is conveniently practicable after the passing of this Act, and annually thereafter at the meeting for the election of chairman, shall appoint under the Local Government 51 & 52 Vict. Act, 1888,(h), a standing committee not exceeding one fourth of their c. 41. whole body. (2.) For the purpose of any business under this Act relating to any district or parish wholly or partly situate in an electoral division, the county councillor representing that division shall, if not already appointed, be an additional member of the committee. (f) See s. 3, post. (9) But where the land is purchased by the county council for allotments for a parish having a parish council, it is to be conveyed to that council, and the county council will not, it seems, be concerned with laying it out for allotments or with the letting and management of the allotments. See Local Government Act, 1894, s. 9 (14), post, which assigns these duties to the parish council. The procedure for the acquisition of land for allotments by a district council under the Act of 1887 is detailed in ss. 3 and 4 of that Act, under which compulsory powers may be obtained by a provisional order of the county council confirmed by Parliament. But a simple method of obtaining conipulsory powers is provided by s. 9 of the Local Government Act, 1894, post. See also the orders of the Local Government Board, made under that section; Part IV. of this work, post. (h) See the Local Government Act, 1888, ss. 28 (2), 75, ante, pp. 64, 141, and Municipal Corporations Act, 1882, s. 22, ante, p. 260. (3.) Any petition under this Act shall as of course, and without Sect. 3 (3). any order of the council, be referred to the standing committee, who, on being satisfied of the bonâ fides of the application, shall forthwith cause a local inquiry into the circumstances to be made, and shall report the result to the council. (4.) An inquiry under this Act or the principal Act shall be held by such one or more members of the standing committee, or such officer of the county council or other person as the standing committee may appoint to hold the same. 4. Where the powers of the sanitary authority under the principal Supplementa Act are, by virtue of this Act, transferred to the county council, the provisions on following provisions shall have effect (a.) The principal Act shall apply with the modifications necessa for giving effect to this Act: (b.) The county council may borrow for the purposes of this Act subject to the conditions, in the manner, and on the (c.) The county council shall keep separate accounts of all receipts council acquiring powers of sanitary authority. and expenditure under this Act, and, in the application of c. 41. 38 & 39 Vict. (d.) The county council may make a provisional order for the c. 55. (e.) The county council may delegate to the sanitary authority (i) The borrowing powers of district councils for the purposes of the Allotments Act, 1887, are contained in s. 10 (4) and (5) of that Act, and ss. 233 to 244 of the Public Health Act, 1875. The security is in the case of an urban district, the district fund and general district rate; in the case of a rural parish, the special rate made in that parish. (k) These accounts will therefore be audited as accounts of the county council under s. 71 of the Local Government Act, 1888, ante, p. 136. (1) See note (g), supra, and s. 9 of the Local Government Act, 1894, post. |