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,r' PARISH COUNCILS. ■ CrukreWn,g Queries and Answers from the 11 Councilsf Gazette.") Lighting and Watching Act.-Our parish might be divided by obvious boundaries into A, B, and C divisions. Of these A and C do not want the light and in a Parish Meeting would probably outvote B' which does. A's voting power is insignificant, though it pays the lion's share of the rates, and in a com- bined- meeting of the ratepayers of A and B, would be forced to adopt the Act against its will. Let us suppose that the ratepayers of A alone meet and matter ™ f .Act: would this settle the 8\ 18 concerned? Answer: We thnk It would not absolutely prevent tbz Act from being adopted for A,and B, at a ioint meeting held for A and B, but the rejection of the Act at a meet- ing held for A only would strengthen the arguments against the inclusion of A in the lighting area and as a matter of tactics it would be a good plan to summon a meeting for A only to consider the adop- tion of the Act, if you feel sure that you can negative thtl resolution for the adoption. Removal of Nuisance.—Upon representation being made by a Medical Officer of Healih to his Sanitary Authority (Rural District Council) that one of several ponds in a village is a nuisance, can the Authority compel the owner of such a pond to remove the same without first proving that the said pond is a nuisance, and, if so, must the owner of the pond remove the same at his expense ? Answer: In any proceedings to enforce an abatement of a nuisance, it must, of course, be proved that a nuisance exists. The owner of the pond is not necessarily the person to be pro- ceeded against; the question is generally by whose act, default, or sufferance does the nuisance arise or continue ? Dismissal of Assistant Overseer by Overseers.-Is it legal for the Overseers to pay the Assistant Over- seer six months' salary and dismiss him from the office without the Parish Council knowing anything about it ? (2) Is it legal for the Overseers to do on their own accord the duties of Assistant Overseer and pay themselves out of the rates without the sanction of the Parish Council ? (3) Is it legal for the Chairman and Overseers not to hold the election of Assistant Overseer until the annual meeting, the former Assistant Over- Beer having finished his duties six months' previously? (4:) Will you let me know who has to pay the Assis- tant Overseer, and from what source ? Answer (1) We think not. (2) The Overseers cannot pocket the salary payable to the Assistant Overseer. (3) We think not. (4) The Overseers pay him out of the Poor rate. We have assumed that the Assistant Overseer in your case was appointed by the Parish Council or by the Vestry and Justices. Rating of Bdildingon Farm.—Diversion of Stream. —(1) Where a farm is let at £ 60 a yaar, and rated at E-52, and the tenant has let a part for a gentleman's residence, which has seven bedrooms and five other rooms, do you think it can be separately rated from the farm ? (2) Where water has been piped across a turnpike road, out of its proper course, to farmhouses and cottages, a resolution has been passed by the Parish Council for the payment of a shilling a year in acknowledgment, to be col- lected by the Assistant Overseer; if payment is refused, is it the duty of the Parish Council to cut the pipe, or should the District Council or the Overseers do so ? If not, would you kindly give me your opinion ? (3) In our parish, where the drain runs under the turnpike road, the landlord has built a wall in his field at the other side of the road for a pond level with the road drain, thus causing the water to.flow over the road, and he has had notice given him from the Parish Council Clerk to take down the wall. As he refuses to do so, what action should be taken ? Answer: (1) If the gentleman's residence is separately occupied (as it probably is), then it ought to be separately rated. The ques- tion whether a part of a house is to be separately rated can only be answered after carefully in- quiring into the facts. Your question leaves us in doubt whether the tenant of the farm has let part of the farmhouse, or part of the farm. If you mean the former, it may, perhaps, be that Le has undeilet some of the rooms, and the under-tenant is in a similar position to that of a lodger. (2) Before we can answer this question we must know who laid down the pipes, and at whose expense. We do not think the Parish Council can charge anything in the nature of a water rate. (3) The Parish Council appear to ns to have nothing to do with the matter. Parish Councillors must not suppose that they have a general commission to protect the interests of the public. Their powers are limited to those given by Act of Parliament. Refusal of Builder to Connect Drain with Sewer.- A person has bought some land, the top end of which joins the highway, on which the Urban District Council has a sewer. Within about 100 yards of the lower end of the land is another sewer. The owner of the land his laid it out for building purposes, and refuses to connect his proposed drain (which is to be laid on said land) to either of the sewers, as he would have to elevate the houses to get the necessary fall. (1) #0a* ntb? said owner compel the Uurban District Council to lay to his drain a separate sevrer of about 800 yards in length at a cost of several hundred pounds, and which will be of very little use to anyone else but said owner, as such sewer will have to be raised in places above the level of the land through which. it will have to be laid. (2) If so, at whose expense—the owner's or the ratepayers'? Answer: We do not think this case is covered by the decision of the Court of Appeal in R. v. Tynemouth Rural District Council" (1896), 2Q.B. 451. We could not give a definite answer as to the position and rights of the landowner without a full inquiry into, and examination of, the facts and the bye-laws in force in the district, which it is impossible for us to make through the medium of these columns. Custody of Closed Churchyard.—In our parish we have a closed churchyard (closed by Order in Council), and it has been kept in repair and decent order by the Burial Board of the parish (we have a cemetery) for the last 15 or 20 years, S:5 being allotted annually by them for the necessary repairs, &c., and keeping it in order, and paid for out of the Poor rate. No separate precept was made, but it was included in the general precept of the Burial Board, and the money was collected and paid by the Overseers out of the Poor rate. The Vicar of the parish now claims the custody and management of the churchyard, and his contention i ie that the Churchwardens have never issued a certificate for the payment of the expenses out of the Poor rate but they allowed the Burial Board to I do the necessary work from year to year, and to be paid for out of the rate. The Parish Council, under r the Burial Acts, 1855 (18 and 19 Vict., c. 128, s. 28), 1 claim the management and the keeping in order of the churchyard. Will you kindly stato in your Valuable paper if they are right? We should also be glad if you will inform us what power (if any) the I Vicar has over the churchyard? Answer: In our opinion the Parish Council are clearly wrong. The churchyard was at common law to be kept in order by the Churchwardens. When it was closed the same/: duty lay upon the Churchwardens but they might, under the Bu:rial Act, 1855, be repaid the ex- penses by the Overseers out of the Poor rate. The Burial Board had no duties or powers in connection, I with keeping the churchyard in order before 1894. The obligations of the Churchwardens in a rural parish having a Parish Council are transferred by the £ °cal Government Act, 1894, s. 6 (1), to the Parish Provided that such obligations shall notin. tinln^80 •ny particular parish be deemed to attach passtnanChurchwardens, subsequently$o the Burial Act IBKC<i Bhall give a certificate as in the J payment of 5' Provided, in order to obtain the re- • Vicar in your^Sf8 • LUfc of the Po°r If tbe' wardens have given *'6 in 8aying that the Church- US to be right^altoKeU1«ertlfiSat?'then h? aPPears, to be altogether wron|. and the Pariah Council to j Provision of Village Hall.n„. n u i convenient building in which to hold nnhif It h» been suited ttat taken towards the erection of a village hall the re- ttainder to be provided by the Parish Council thev having offices in the building. Can it be legally Arranged in this manner? If so, what are the proper Steps to be taken ? Answer: The Parish Council can contribute to the cost of the hall, or they can-accept gift of the property. No special formalities are necessary, bat,' of course, the general restrictions on the Parish Council's expenditure must be observed* j

-0TWELVE NOTABLE LADIES.<

WILLS AND BEQUESTS,

[No title]

SCIENCE NOTES.

GREATER BRITAIN.

CELEBRATED BOY ATHLETES.

[No title]

FUN AND FANCY.

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