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PARISH COUNCILS.

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PARISH COUNCILS. '« j U -gicestiew ånà Instructive Answers,' c. '1 ftowi the Council^ Gazette?} Appointment of a Parish Council Clerk.—(1) I" jj legal to appoint a-paid Cleric at a Council meeting, if It ill not mentioned on the agenda ? (2). Ia if neoessary to consult the Chairman of the Parish Council before calling a Parish Meeting, oi •an a few ratepayer?, members of the Parish Council, conTene a Parish Meeting without Brst consulting the Chairman of the Parish Council ? Answer: (1) We think not, if it is not specified in the notices convening the meeting. (2) Any two Parish Councillors (whether ratepayers or not) may at any time convene a Parish Meeting, without consulting the Chairman of the Parish Council. Ratepayers, as such, have no power to cbn- vane the Parish Meeting. Beturns as to Road Maintenance.—Can yon in form me if any official return is to be obtained of the yearly cost per mile for road maintenance and repairs (for the Various County and District Council roads ir "England ? I want to compare the cost of both main and district roads in Kent with other counties. Answer: The figures are received by the Local Government Board, and issued periodically as Parliamentary returns. You might be able to see on -applying to the Local Government Board Offices at Whitehall. Surplus Rents from Old -In this Parish are some old allotments, established under the Poor Law Relief Act, 1819..The rents have hitherto "been collected by the Overseers, and the surplus rents applied in reduction of the Poor Rate. It is assumed that the management of these allotments, in- cluding the collection of rents, it now vested in the Parish Council, and I shall be obliged if you will ,say whether any surplus should be paid over to the Overseers in redaction of the Poor Rate, Or whether it can be carried to the Parish Council Allotments account, and used to make up any de- ficiency there may be on allotments provided by the Parish Council? Answer: This question raises a point, the difficulty of which we have several times pointed out. In our opinion, the safest course is to MBuine that the surplus must go in aid of the Poor rate. The management of the allotments is however, Clearly vested in the Parish Council. Powers of- P.C. as to Footpaths.—If a Parish -Council repair and put in good order any public field footpath, and. a farmer or other person through whose field such footpath passes wilfully damages the same by carting along it, plough- ing over it, turning his horses on it, whilst J working the land adjoining, cap such persons be held liable for the damage, and be com. polled to restore the footpath to good repair r (2) If wilful damage isdone to stiles and crossings on,Aeld footpath, will the person committing such damage be responsible for repairs? Answer (1) In the case of a public unfenced footpath through felds, we think that the presumption of law is that (h* rights of the public are subordinate to the use of the surface by the farmer for ordinary farming Operations. The farmers had the right of carting llong the line of the footpath before the Parish Council repaired the path, and we do not think they Can take away his right by repairing it. (2) Wethink we may say yes to this question, though we do not cnderstand what is meant by crossings." We may remind you that the stiles do not belong to the Parish Council. Rate Collector's Salary.—We have in our parish both an Assistant-Overseer and Bate Collector. The salary of the latter has been fixed each half-year at tbjc Vestry Meeting, and latterly at a Parish Meet- ing, -since the Local Government Act, 1894, came into -operation-so much for collecting each separate rate. Is it necessary for the Parish Meeting to be called to adopt the rates fixed by the Overseers, and to fix the salary of the Collector, or is it left to the Over- •eerror Parish Council to determine this question? Answer The Parish Meeting have nothing to do <WKh the rate. If you are referring to the remune- ration for collecting a separate sanitary rate, payable tinder Section <230 of the Public Health Aet, 1875, then ration for collecting a separate sanitary rate, payable tinder Section <230 of the Public Health Aet, 1875, then the amount of that remuneration will now be fixed fev the Parish Council. I Disqualiifcation, of Parish Councillor.—Our Parish Council remains for the present the. Highway Authority for the parish, by virtue of an order for postponement by the County Council, under the Local Government Act, 1894, sec. 25 (1), and appoints its own Highway Surveyor, subject to lpecial conditions, which give the Parish Council considerable powers of virtual control over the management of. the roads. The Highway Sur- veyor, elected from outside the parish, acting on. his own judgment, without any order from the Council, employs a member of the Parish Council i (the only blacksmith in the village) to supply and -repair sundry plant for the roads, and the cost is paid out of the Highway rate. Is a Parish Coun- cillor under these, circumstances disqualified under -the Local Government Act, 1894, sec. 46, 1 (e), or Otherwise; and, if so, what steps ought to betaken in I the matter? Answer Your question starts with a false assumption, which has apparently led you astray. You say "Our Parish Council remains^ for the present the Highway Authority for the .parish. How can this be? The Parish Council 'L?pt,,a never was, the Highway Authority. We "ave not seen the order of postponement, but we can bardly believe that a County ..Council went so far beyond its powers as to make the Parish Council the Highway Authority. If the operation of sec. 25 is postponed, the Highway Surveyor (or Board M the case nopy be) remains the Highway Authority, as before 1894. The Parish Council do not become the Highway Authority if they appoint the Surveyor, any more than they become the Poor, Law Authority because they appoint the Overseers. We therefore have great doubt, whether the conditions which the Council have attached to the appointment of Highway Surveyor are legal. But even though the control of the highways by the Parish Council may be illegal, we are inclined to think that if the blacksmith in question in fact contracted with the Council through their Surveyor, he is disqualified for being on the Council. As far as we can see, he did not contract with the Council, but with the Surveyor, and, if so, Ï8 not disqualified. Whether be did so contract is a question of fact to answer which we ought to have more details. Connection of Closets with Drains.—Some 30 years ago a system of drainage was adopted in our pillage for carrying off the surface water from the roads and waste water from the houses, but the connection Of water-closets with these drains was-never contem- plated, the drain pipes being about 5m. to yin. or 9ra,, and no means whatever of Hushing. On the whole, the drains have answered their purpose well, but latterly they have become defective, stoppages having taken place, generally from crushed pipes, caused by heavy traffic passing over them, the pipes in many places being but a few inches under the surface but latterly some few people have been connecting their water-clofets With tlie drains, thereby causing an unbearable stench With tlie drains, thereby causing an unbearable stench ItIoeome people who happen to reside near some of the j gratings—syphons not being provided, as not being Inquired till water-closets were connected with 1 drains. It is now decided to renew the drainage throughout with larger pipes. Can you please tell me (1) If any householder (who chooses to do so) iiaa a legal right to connect his water-closets with these drains without the consent of the District Council? (2) Has the District Council the power to refuse permission, if so disposed? If so: (3) Can; those who have connected without permission be compelled to remove the connection ? Has the Parish Council any voice in this matter? When the drains Me relaid, there will still be no means of flushing. The drains have a bad fall, viz., in one part of only 1 in 286, 1 in 204, and 1 in 200 respectively, and empty themselves into the village stream. Answer We do not think the Rural District Council can do anything to stop the acts complained of, and, as far aa we can see, have not discharged the duty (imposed by a. 15 of the Public Health Act, 1875) of cqn- structing such sewers as are necessary for effectually draining their district. The Parish Council can r pin to the County Council but: cannot appa- featly do aoythi&g more.

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