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LOCAL GOYERX-VKNT NOTES AXD…

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LOCAL GOYERX-VKNT NOTES AXD <JUERI.ES. -Y"X | [Tift following is a selection from the valuable and authoritative "Answers to Queries," pub- lished in "The Local Government Chronicle," reproduced with the consent of the proprietor" of that old-established paper, the recognised crucial organ of the local governing bodies.] GENBKAL DISTRICT KATE—EE PAYMENT TO lUTE- PAYER. "Ubique" writes: "The district rate in the urban district is made in March in each year to cover the expenses i'or the following 12 months. A ratepayer paid his year's rate on the :2nd November last, and the payment has been duly entered in the rate-book, He lett the houRe on the 14th January, and it is now empty. He requests to be repaid the proportion between the l-ith January and the 25th March. Is he entitled to such repayment; and, 7f so, how must the olleetor deal with the matter, seeing that the figures cannot be altered without disarranging his whole accounts ?" Answer: The proper course is for the claim of the ratepayer to be laid before the council, and the amount overpaid by him refunded, without in any way passing through the collector's account. The couooil should draw a cheque, and enter the pay- ment in their accounts as a disbursement in the ordinary way. PRIVATE BOAD—ADOPTION OF BY URBAN DISTRICT COUNCIL. Subscriber's Clerk writes Some 20 years ago a company having extensive works within an urban district constructed a private road for the easier access to their works, which are on both sides of the road, and are connected by means of tramways crossing the road. The public have been allowed to use the road, which is about half a milein length, continuously without interruption, the road, in fact, now connecting two public high- ways. There has been only one building (a board school) since erected on the side of the road, which is in an extremely bad condition, but the owners decline to repair, and suggest that the urban district council should adopt the road as a public highway. The company are willing to transfer the road to the council, but only on condition of their retaining their rights (a) to divert the road at any future time; .(b) to maintain the present and to eonstruct any other tramways on or across the road as may be required for the purpose of their works; and (c) that the road be put into repair by and at the expense of the council. The coancil, whilst desirous of acquiring the road for the public convenience, are in doubt whether they can legally incur any expense in such repairs, and are advised that no agreement should be entered into by which such rights may be reserved to the company but apart from this question, the modus operandi appears somewhat unoerfcain. Being simply a country road, and not in the ordinary sense a street, it would appear doubtful whether the road can be dealt with under section 150 of the Public Health Act, 1875, and as it is not a new public road, section 146 of the same Act presum- ably cannot apply. The company are not prepared to take the necessary proceedings under section 23 of the Highway Act, 1835, which would appear to be the only available method of vesting the road in the highway authority, but, as before mentioned, desire that the council should adopt and then wholly repair the road (thus reversing the mode provided by such last-named section), and the company's responsibility should cease from the time of the transfer, save as to their rights sought to be. retained by them. Will you please advise— 1. 'Whether the company can legally vest the road in the council as the highway authority, and the latter adopt it as a public highway, encumbered with any such reservations as the company desire, and if so, by what method ? z. Whether, in the circumstances, the council may take proceedings for the adoption of the road under any or either of the provisions referred to, viz. :—(1) Sections 150 and 152, or (2) section 146 of the Public Health Act, 1875, or (3) section 23 of the Highway Act, 1835 ? In the latter case the council doing the initial work of repairs as previously mentioned. 3. Whether, in the case of a road being repaired by the council, they can, independent of the above powers, acquire the road by conveyance from the company, subject to the company's rights to divert and to construct tramways, and whether, on completion of such conveyance, the council could legally repair and maintain such road as a public highway without any further formal dedica- tion ?" Answers 1. No if the roadway became a highway repairable by the inhabitants, the com- pany would have to give up all their rights over the surface, and the continuance of the tramway across the road would become illegal. 2. No. 3. The council have no power to acquire the road in this way. SLAUGHTER-HOUSES IN RURAL DISTRICT. Perks writes H. has bought a house and a piece of land in the village of K. The village is under the rural district council, and has no sewerage system, only drains to carry the surface water away. H. wants to build a slaughter-house on his premises on a spot which is about 100 yards from the elementary schools and about 25 yards from the road. Could the authorities (rural district council or elementary schools committee) prosecute H. for building the same without their permission, or if so, whose consent must he have in order to build the slaughterhouse ? b Answer As this is in a rural district there is no restriction on the building of slaughterhouses, and the only way in which the matter could be dealt with is by the rural district council obtaining wban powers under section 16U of the Public Health Act. UNSOUND MEAT. Me Mo writes On Tuesday a butcher purchased a sturdy sheep for 19s. in the cattle market, and slaughtered it the same day in the council's slaughterhouse. The inspector of nuisances was not satisfied with the car- cass, and subjected it the same evening to inspection by a veterinary surgeon, who certified the whole to be unfit for human food. On Wednesday the butcher called in another veterinary surgeon, who certified the carcass to be wholesome. The butcher then trimmed the carcass I by paring off parts of the quarters and extremities, j whifh were admittedly unfit for food, and after- was called in a third veterinary surgeon, who I supported the opinion of the second surgeon. On I Thursday the medical officer of health saw the carcass, and found that, the sheep had suffered from hydatid cyst in the hcain. He condemned the head, and passed as wholesome the remainder of I the carcase. The butcher nowjclaims compensation for his loss of time, and also for repayment of expenses incurred in ealling in professional advice. Please advise the council upon their position. Should the council pay the whole or any part of these claims ? Answer The council are not liable to pay any of the expense claimed, as they made their examin- ation in pursuance of their statutory duties. The butcher obtained the expert opmiow on his own behalf, and must bear the expense of it. SEWERS-RIGHT TO DISCHARGE FLOOD WATER. t "U. D. C. S." writes:—"A brickyard aouts on a main roa.d. The excavations made for brick-earth have resulted in causing a large volume of water to accumulate in the workings. and the brick' company has periodically pumped this into the main sewer. Is the local authority within its rights in refusing to allow a con- tinuance of this practice;" Answer.—We should regard this water as equivalent to a trade effluent, and the local authority are not bound to provide sewers for such purposes, and we think that they could obtain, an' injunction to restrain the brick com- pany from discharging this water into the sewer. POOR BATE—COLLECTION. Y. Z." writes:—"Do not sections 1 and 2 of the Poor Rate Assessment and Collection Act, 1869, apply to the collection of a poor.rate? There is considerable doubt in the minds of many collectors is to whether quarterly tenants of pro- perty rated above £8 can be required to pay the full amount of a poor or general district rate on demand." Answer.—The enactments referred to have always applied to the poor rate, but do not apply to the general district rate. We do not think that any person earn be eompp!!ed to pay a greater amount of the poor rate than is therein referred to.

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1Llandilo Board of Guardians.

Light Rail- - way.

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