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The Proceedings of Rural District…

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The Proceedings of Rural District Councils. In addition to the circulars already issued by the Local Government Board referring to the proceedings of boards of guardians elected outside London and of those elected in London, and also to the proceedings of urban district councils, still another circular has now been sent out, this last one applying to the rural district councils, which come into office on the 28th inst. We give from it the following extracts, which have special reference to rural district councils, as dis- tinguished from the other bodies previously dealt with:— NAME OF RURAL DISTRICT COUNCIL. Section 21 of the Act provides that, as from the "appointed day "-i.e., the 21th inst.—for every rural sanitary district there shall be a rural district council, whose district shall be called a rural district. In the Local Government Act and every Act of Parliament, unless the contex otherwise requires, the expression "district council" includes the council of every rural district, and the expression county district includes every rural district. The rural district council will be a body corpor- ate by the name of The Rural District Council Of If there is any difficulty as to the name of the district, the county council may direct what the name of the district is to be for this purpose. The council will have perpetual succes- sion and a common seal, and may hold land for the purposes of their powers and duties without license in mortain. It will thus be seen that the rural district council will be an entirely distinct body from the board of guardians of the union they will have a separate corporate existence and and a separate commjn seal. There will be no ex-officio members of the rural district council, and the statutes, orders, and legal provisions applicable to boards of guardians which have hitherto applied to the rural sanitary authority will not apply to the rural district council. CONSTITUTION OF RURAL DISTRICT COUNCIL. The rural district council will consist of a chair- man and of the persons who have been elected as rural district councillors by the parishes, united parishes, and wards of parishes in the district. The provisions of the Act with respect to the qualification, election, and tenure of office, and retirement of guardians, and to the qualification of the chairman of the board of guardians, are by section 24 (4) made applicable to district council- lors and to the chairman of the rural district council. Any person qualified to be a guardian of the union comprising the district will be qualified to be a district councillor for the district. Hence women, whether married or single, may be members of the rural district council, as section 20 (2) provides that no person shall be disqualified by sex or marriage for being a guardian. Hitherto the guardians elected for rural parishes have been members of the rural sanitary authority. Now, the converse will practically be the case, as section 24 (3) provides that the district councillors for any parish or other area in the rural district shall be the representatives of that parish or area on the board of guardians, and when acting in that capacity shall be deemed to bejSguardians of the poor, and guardians, as such, shall not be elected for that parish or area. Where a rural sanitary district is on the appointed day—viz., the 28th inst.—situate in more than one administrative county, the portion of it 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 28th inst. a rural district. Any case of this kind was required to be con- sidered by a joint committee of the councils of the counties in which the rural sanitary district was situate, who were empowered to make orders dealing with it. In many instances orders have been made dealing with such cases but where no order has been made, a rural sanitary district in more than one one county will be divided in the manner above mentioned. Under section 24 (5), however, where the num- ber of rural district councillors of any rural dis- trict forming part of a rural sanitary district which was situate in more than one county would be less than five, the Board are empowered to nominate additional members to make up the number of rural district councillors to five, unless they 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 day appointed. The Board have, in several instances, exercised these powers, and where they have directed that the affairs of a rural district shall be temporarily administered by the rural district council of another district, the councillors of the first-men- tioned district will be entitled, so far as regards the affairs of that district, to sit and act as members of the district council of the other district but a separate account is to be kept of receipts and ex- penses in respect of the district, and these receipts and expenses are to be credited or charged separately to the district. The Board's power of nominating additional members of a rural district council, so as to bring up the total number to five, will also apply to the district council of a rural district to which the power to make such nominations of members of the rural sanitary authority applied at the passing of the Act of 1894. EXPENSES. The expenses incurred by the rural district council will, subject to the provisions of the Act of 1894, he defrayed in manner directed by the Pub- lic Health Act, 1875, with respect to expenses in- curred in the execution of that Act by a rural sanitary authority. Any highway expenses which may be payable by the rural district council must be defrayed as general expenses, subject to this-that the coun- cil, if they think it just by reason of material differences of soil or locality, or other exceptional circumstances, that any contributory places within the district should bear the expense of maintaining their own highways, may, with the approval of the county council, divide their district into two two or more parts, and charge exclusively on each of such parts the expenses payable by them in respect of maintaining and keeping in repair the highways situate in each such part. But each part must consist of one or more contributory places. Where highway expenses would, if the Act had not passed, have been wholly or partly defrayed in any parish or other area out of any property or funds other than rates, the district council must make such provision as will give to that parish or area the benefit of such property or funds by way of reduction of the rates on the parish or area. Where before the appointed day the highway expenses were charged on a particular parish or other area and not on a district, the district council may determine that the highways in that parish or area shall be placed in proper repair before the expenses of repairing the same become a charge upon the district, and, failing such high- ways being placed in proper repair to the satisfac- tion of the district council, the district council may themselves place the highways in proper repair. The expense incurred by them in so doing will be a separate charge on the parish or area, and any question which arises as to whether any such expenses are .properly a separate charge on the parish or area is to be determined by the county council. Under section 229 of the Public Health Act, 1875, the board may declare expenses incurred in respect of a contributory place in a rural district to be special expenses, and they are then payable out of a rate levied in such place to which certain property is only assessed at one-fourth of its rateable value. The board have had no power to provide that the expense should be made a charge on the particular place in respect of which it was incurred, and yet be defrayed out of the same rate as it would have been if it had not been made a special expense. Under section 29 (b) of the Act of 1894, however, where the board determine any expenses under that Act to be special expenses and a separate charge on any contributory place, they may further direct that such special expenses shall be raised in like manner as general expenses. ACCOUNTS. The accounts of the receipts and payments of the rural district council and of their committees and officers must be made up half-yearly to the 30th of September and the 31st of March in such torm as the board prescribe. Pending the issue by the board of an order prescribing forms for the accounts of the rural district council, the board may think that the accounts should be kept in the form which has been adopted for the accounts of the rural sanitary authority. The accounts of the rural sanitary authority should be made up and balanced to the appointed day, and the balances should be carried into the accounts of the rural district council. COMMITTEES. Section 201 of the Public Health Act, 1875, under which a rural sanitary might delegate tor their year of office all their powers to a committee consisting wholly of their o.vn members, is repealed by the Local Government Act, 1894. The power of appointing parochial committees, conferred by section 202 of the Act of 1875, is transferred to the rural district council but it the district council appoint a parochial committee consisting partly of members of the district council and partly of other persons, those persons must, where there is a parish council, be, or be selected from, the members of the parish council. Moreover, the district council may delegate to a parish council any power which may be delegated to a parochial committee under the Public Health Acts. Parochial committees which are existing at the present time will apparently cease to exist on the appointed day. The rural district council may, under section 56 of the Act of 1894, appoint committees consisting either wholly or partly of memoers of the council, for the exercise of any powers which, in the opinion of the council, can be properly exercised by committees, but a committee must be sub- mitted to the council for their approval. If, however, a committee is appointed by the rural district council for any of tne purposes of the Public Health Acts or Highway Acts, the council may authorise the committee to institute any proceeding or do any act which the council might have instituted or done for that purpose other than the raising of any loan or the making of any rate or contract. The quorum, proceedings, and place of meeting of a committee, whether within or without the district, and the area, it any, within which they are to exercise their authority, will be such as may be determined by regulations of the rural district council. Subject to such regulations, the quorum, proceedings, and place of meeting, whether within or without tne district, will be such as the committee direct, and the chairman at any meeting of the committee will have a second or casting vote. POWERS OF RURAL DISTRICT COUNCIL. The board do not propose in this circular to set out the powers which the rural district council will possess under the Act of 1894. rney may, how- ever, point out that under section 25 there will be transferred to the district council, as from the 28th inst., all the powers, duties, and liabilities of the rural sanitary authority in tne district, and of any highway autnority in the district. Tne rural dis- trict council will be the successors of the rural sanitary authority and the highway authority, and will also have, as respects hignways, ail the powers, duties, and liabilities of an urban sanitary authority under sections 144 to 148 of the Public Health Act, 1875. The county council are, how- ever, empowered to postpone within the county, or any part of it, the operation of the section so tar as it relates to highways, for a term not exceeding tnree years from the appointed day, or such further period as the board may, on applica- tion of the county council, allow. This power has been exercised by county councils in large number of cases. EXISTING OFFICERS. Section 81 provides that where the powers and duties of any authority other than justices are transferred by the Act to any district council the officers of that authority shall become the officers of the council. For the purposes of this' section the body appointing a surveyor of highways are to be deemed to be a highway authority and any paid surveyor to be an officer of that body. Con- sequently the officers of the rural sanitary authority, and of any highway authority whose powers are transferred to the rural district council, will become officers of the council. Every such officer will hold his office by the same tenure and upon the same terms and conditions as heretofore, and, wnile performing tile same duties, is to receive not less salary or remuneration than heretofore. The section further provides that section 120 of the Local Government Act, 1888, which relates to compensation ot existing officers, shall apply in the case of existing officers affected by the Act of 1894 as if references in that section to the county council were references to the rural district coun cil whose officer the person affected is when the claim for compensation arises. All expenses in- curred by the rural district council in pursuance of this section are to be paid as general expenses of the council. It will be seen that, under this enactment, where any existing officer of any authority, whose powers are transferred to the rural district coun- cil in consequence of the Act of 1894, suffers any direct pecuniary loss by abolition of office, or by diminution or loss of fees or salary, he will be entitled to have compensation paid to him by the rural district council, regard being had to the considerations mentioned in subsection I of section 120 of the Act of 1888. The compensation must not exceed the amount which under the Acts and rules relating to the Civil Service is paid to a person on abolition of office. Subject to this, the amount of the compensation will be deter- mined in the first instance by the rural district council but if a claimant as aggrieved by the refusal of the council to grant any compensation. or by the amount of the compensation assessed, or if not less than one-third of the members of the council subscribe a protest against the amount of ve the compensation as being excessive, the claimant or any subscriber to the protest may, within three months after the decision of the council, appeal to the Lord Commissioners of her Majesty's Treasury, whose determination will be final. The board themselves will have no jurisdiction in the matter. TERM OF OFFICE AND RETIREMENT OF GUARDIANS. The provisions of the Act of 1894 regulating the term of office and mode of retirement of the guardians under ordinary circumstances will be found in section 20 (6) and section 60, and need not be epitomised here. They will apply to the rural district councillors. It seems desirable, however, to point out that special provision is made by section 79 as to the term of office and retirement of the rural district councillors first elected under the Act. There will be no election, except to fill vacancies, in 1895, and it the coun- cillors are to retire together at the end ot the triennial period, the councillors first elected will all retire on the 15th of April, 1898. If, however, one-third of the councillors are to retire annually, then one-third as nearly as may be will retire on the 15th of April in each of the years 1896, 1897* and 1898, and will continue in office until those days. The councillors to retire on each of the days referred to will be the councillors for such parishes, wards, or other areas as may be deter- mined by the connty council for the purpose of the rotation. RESIGNATION OF OFFICE-CASUAL VACANCIES. It is provided by section 48 (4) that rural district councillors shall be in the same position with respect to resignation as guardians. Hence, if a rural district councillor wishes to resign his office, he should tender his resignation to the board, and state the cause of his desiring to resign. If the board deem the cause reasonable they may accept the resignation.

CONWAY.

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