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- PARISH COUNCILS. I •

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PARISH COUNCILS. • ,.<j A Parish Council's Request.—The members of the 40efn MaWr Parish Council are not (remarks the 2Kxily Graphic) hampered by any unusual diifidenoe. flashing to get land for allotments, they sent a depu- iition to Sir Watkin Williams Wynn, suggesting that lie should let them have a part of Wynnstay-park for the purpose. Sir Watkin, in declining this modest Bequest, reminded the Council that the bulk of his land near Cefn was already let in small holdings, and ««it would certainly not do to take land from one person simply to give it to another." But the Parish Council may not have been of that opinion. A Matter of Boundary.—As the result of an application recently made by the Axbridge Parish Council requesting that the boundaries of that garish and those of the parishes of Cheddar and Cisopton Bishop might be altered by the transfer of certain portions of the said parishes of Cheddar and Compton Bishop to the said parish of Ax- feridge, the County Council, considering a prima facie case had been made out, directed that a local inquiry should be held by their clerk (Mr. Dunn), which inquiry was duly held at the Town Sail, when a goodly number of representatives from the respective parishes lent their presence. Mr. C. L. F. Edwards, by means of plans, explained at length the proposed alteration of the boundaries, and as a (result Mr. Dunn said he was prepared to recommend 8C)IDe alteration of the boundaries, but not to the extent asked for by the Axbridge Parish Council. Tun/pike Roads.- A correspondent of the Councils Gazette asks: (1) For how long does water have to no across a turnpike road before a right is acquired? (2) What ought to be the width of a turnpike road from side to side ? This question (remarks the authoritative organ quoted) contains rather a meagre statement of the facts to which it relates. We assume that the water referred to is not a natural stream iOt surface water, flowing in a direction caused by the natural lie of the land. If the water is sent Across the road by any artificial means, and If it is enough to amount to a nuisance, then the person causing the nuisance can be pro- ceeded against by indictment at any time. (2) We Assume, in answering this question, that the road referred to was once a turnpike road, but has now eeased to be one. If it is a public cartway leading to any market town," then Section 80 of the Highway Act, 1835, requires it to be 20ft. wide at the least. A person may, however, in certain cases be guilty of 1m encroachment on the highway, if he erects build- ings, or encloses land, even though he leaves a much frider space than this. t- Almsbouse Charity.—There is (observes a corre- spondent) an almshouse charity in this parish of which the vicar is sole trustee. The only documents relating to it are the receipt and payment books dating back to the year 1746. The Council is desirous to see the original deed of gift, and instructs me to apply to you as to their power in the matter, and if they have anywhere to apply? And what would be the probable cost of getting a copy ? Also "an the coats incurred be charged in the Parish Councils accounts? We do not think (says the Councils Gazette) the Parieh Council have any power to spend money on the matter referred to. It is, of eourBe, impossible for us to make any guess as to the probable cost of getting copies of documents unless wc kaow, at least, how long they are. You might apply to the Charity Commissioners, and sec if tiley can give you any information that Will be of any use to you. May we repeat, what we have often said before, that the Local Government Act, 1894, does not give the Parish Council any new powers for the general supervision and control of parochial charities, beyond the power in certain cases to appoint trustees. You might apply, under Section 14 (3), to the Charity Commissioners to increase the number of trustees to three, one of whom would be nominated by the vicar, and the other by the Parish Council. rrM?in„ .Road-—A county main road V M-> ln seeking information from the (Jvnnctls Oa;ctte) passes through our village. It needs levelling badly at one place. This the County Council have declined to do; but, as the funds have been subscribed privately, they will give permission for the work to be proceeded with if the Parish Council have the required sum in hand, and con- tract for the work being done to the satisfaction of the County Surveyor. (1) Can the Parish Council legally undertake this ? (2) If unexpected expenses arise can they be paid for out of the rates ? (3) If not, would the Parish Council be liable for them as individuals ? (4) The work is in the interest of the village. If the owners of property on each side of the road consent not to claim indem- city, would the Parish Council be safe in undertaking the business? Answer: (1 and 2) The Parian Councillors, as individuals, can, of course, under- take to get the work don* or superintend its execution, but in their corporate capacity thoy have no power to do anything, nor can they legally charge any of the expenses on the rates, or even advance money in hand belonging to the Council, for the purpose of paying for the work, pending the collection of the money by private sub- scription. We think that it would be best in any event that whoever does the work should do it as the agent of the County Council acting as highway authority over the main road. (3) The liability must ultimately fall on tho individuals. (4) The answer to the first and second questions is based on the assumption that no objection will be raised by the owners of the adjoining land if, how- ever, as-this question seems to suggest, they do not assent to the alteration, very different considerations tpply. The owner of land adjoining a highway has a right to have access to that highway at any point where his land adjoins it, and the highway authority eannot, by raising or lowering the highway, render the access substantially less convenient than it was when the highway was at the natural level of the ground. Of course, the maxim de mi- nimis non curat lex" applies, and what has been said must be taken, subject to the reserva- tion that a highway authority may raise a high- way to the extent necessary for the ordinary pur- poses ol repair. If the County Council could not lawfully raise the highway so wa to damage the owners of adjoining land, it follows, of course, that 80 one else can do so for the County Council. You may the work is in the interest of the village. The question is whether it is prejudicial to the adjoining land-owners. If it is, you cannot benefit the village by doing the work, unless the land-owners consent. The Parish Council, at any rate, cannot undertake the responsibility.

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