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PARISH COUNCILS.

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PARISH COUNCILS. ;.J,' tlmtrvctive Questions ald Answers, (hioted fi-om the Councils' Gazette.") Parochial Relief.-Disqualification. Duty of Re- turning Officer.-A casual vacancy has occurred in this Urban District Council, and there will be two candidates, one of whom alleges that the other is disqualified by receipt of parochial relief, which con- sists of medical attendance on the candidate's wife quite recently. Has not this disqualification been ,abohshed; and, if not, what am I to do as Return- ing Officer when I receive the nomination ? Answer ,In our opinion the candidate is disqualified. Under Section 46 (1) of the Local Government Act, 1894, ,à person is disquslified who has within 12 months before his election, or since his election, received "en Paroch,al relief. Medical attendance is and relief to the wife is relief to the .bnsband. The Medical Belief Disqualification (Bemoval Act, 1885, does not get rid of this dis- qualification for that Act only says that where a person has received for himself, or any member of his family, any medical or surgical assistance, or any medicine at the expense of any Poor rale, he shall fiot by reason thereof be deprived of any right to be registered or to vote at certain elections. The can- didate, therefore, retains his right to vote, but cannot hold the office of District Councillor. As Returning Officer, however, you cannot go into the -question of disqualiifcation, and cannot reject the -nomination on that ground. It would be a kind- ness to the candidate, however, to point out to him that if we are right and he is elected he will be liable to a penalty every time he acts or votes. [ grant of Polling Stations.—The A. Parish Council applied to the County Council for two polling sta- tions, as parish very long and straggling. County Council granted request. Does this constitute divi- sion of a parish into parish wards under Section 18 of L.G. Act, 1894 ? The Parish Council have no desire for division into wards. Answer: The appoint- ment of separate polling stations has nothing to do with the division of a parish into parish wards under Section 18 of the Local Government Act, 1894. The two things are done under Kitirely different Acts, and have an entirely diffsrent effect. When a parish is divided into parish wards (supposing that there are seven members of the Parish Council), four will be elected by one set of voters in one ward, each voter having four votes, and three members will be elected by another set of voters in the other ward, each voter having three -votes. But where two polling stations are appointed, and the parish is not divided into wards, each voter (wherever he votes) will have seven votes, and the names of all the candidates will appear on the ballot papers at each polling station. Recreation Ground.-(I) Can a Parish Council hire a piece of land, about 7 acres, at JS10 a year, for a recreation ground, and incur any other expense they think necessary in keeping the place in proper condition providing they do not exceed a threepenny ate? Will it require the sanction of the Parish Meeting or ratepayers? (2) Will it be legal for the F.C. to provide three notice boards, and place them at prominent positions in the village for parish notices ? The people complain that the church and chapel are too far away from the road to see the notices. Answer: (1) We have always had grave doubts as to the powers of a Parish Council to hire land for a recreation ground. If they have such a power, they can exercise it without any control from the Parish Meeting, provided they keep within the limit of the 3d. rate. But this anomaly will then result: If they have power to hire, they must have potter to take a lease for any length of time, or even *ao perpetuity. Consequently, the Parish Council of one year can saddle the Councils of future years with the liability to a heavy rent, and this without any vcontrol of the Parish Meeting or of any other authority. This, however, is a curious result, seeing that if the Parish Council desire to borrow money in order to purchase a recreation ground, thereby imposing a liability to pay interest for a limited number of years on future Parish Councils, the Local Government Act, 1894, requires the con- sent not only of the Parish Meeting, but of the County Council and the Local Government Board. However, the Local Government Board have, after some hesitation, advised that the Parish Council liave power to hire land for a recreation ground; it -Will, therefore, probably be safe to do so. Assuming the land to be hired, the expense of keeping it in eon- dition can be paid by the Parish Council without the consent of the Parish Meeting or ratepayers, provided they keep within the limit of the 3d. rate. (2) We think the provision of notice boards for Parish Council notices is clearly legal. Signing of Declaration by Parish Councillor.-At the first meeting of our newly-elected Parish Council all the members were present and signed the declaral- tion with one exception, who was prevented through illness. A resolution was passed that he should be allowed to sign at a future meeting. At the next meeting of the Parish Council he was again absent, -being too busy to attend. The Chairman then declared his seat vacant, and called a meeting for Monday next to fill. the vacancy, (a) Is this the -right thing to do ?- (b) Our meeting, being quarterly, and the next one held m September tfould the Parish Council have given permission for the declaration to be signed then? (c) As the power .of electing another Councillor to fill the vacancy vests with the Council, can they appoint the person thus disqualified to fill the vacancy ? Answer: (a) -The Act says that the declaration shall be signed at the first meeting, or, if the Parish Council at the &-at meeting so permit, then "at a later meeting fixed by the Council." If your Council did not specify the meeting at which the declaration was to be taken, then the declaration can only be 4aken at the first meeting. In any event, the seat is now empty, though it is extremely difficult to decide which is the right way to fill it. If the vacancy can be regarded as a casual vacancy, then the Parish Council should elect a person to fill it. If, however, it can be said that the vacancy was not filled by elec- tion, then s. 47 (1) of the Local Government Act, 1894, applies, and the seat belongs to one of the retiring Councillors who has not been re- elected, and is willing to continue in office. If -there is more than one such person, then the ,highest on the poll at the previous election it entitled to the seat. If the Parish Council treat the vacancy as a casual vacancy, but elect •one of the outgoing Councillors (chosen in the way indicated above) to fill it, the proceedings must in any event be regular, (b) They could have done so at the .first meeting, but apparently they did not. It is too late to do no now. (c) We think it would be safest .-to. elect one of the outgoing Councillors, chosen in the way above suggested; but if none of them will act, then there is no objection to the election of the operson who has lost his seat by failing to make the declaration. Survey of Roads by P,C-Notice for Parish Meet- -ing.-(I) Can the Parish Council take a conveyance and look over the roads, and pay for it out of the rates at 3d. in the El ? (2) Is it legal to put four days' notice out to call a Parish Meeting to appoint a surveyor for the township, or must there be 14 -days' notice given. Answer.-(l) We think they Cannot do so. (2) Assuming that the highway } efish is the same area as the poor-law parish, then e appointment of tbe highway surveyor ism the j hands of the Parish Council, or (if there is no Parish Council) of the Parish Meeting. Three clear days 'notice must be given of a meeting of the Parish -notice" must be given of a meeting of the Parish Council, and seven clear days' notice must be given I 'of a Parish Meeting. By "clear days" we mean "that three or seven days (as the case may be) must intervene between the day on which the notice is Clven and the day on which the meeting was held.

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