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LOCAL GOVERNMENT "NOTES AND…

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LOCAL GOVERNMENT "NOTES AND QUERIES." [The following is a selection from the valuable and authoritative Answers to Queries," published in The Local Gevernment Chronicle," repro- duced with the consent of the proprietors of that old-established paper, the recognised official organ of the local governing bodies.] PUBLIC HEALTH ACTS—GENERAL DISTRICT RATE— APPOINTMENT. Collector" writes In this parish the general district rate is made about the end of July. The notice announcing the same states that it is to cover the expenses for one year. 1. In apportioning the same for removals, &c., should the period be between the day the rate is made and the 25th of March in the following year, or should the calculation be based upon 365 days ? 2. Can new properties be brought into the district rate where the same have been made and brought into the poor rate by a supplementary valuation list ? "3. Where houses and other buildings become occupied after the 25th of March, would it be legal to claim proportions of rate from date of entry to the making of the next rate. or should nothing be claimed after this date till the new rate is made in July, when a full rate should be claimed as in all other cases?" Answers 1. The rate must be apportioned according to the number of days from the day it is made to the 31st March next following, which is the end of the financial year. 2. No. 3. The full rate is due in respect of all properties in occupation on the day when the rate is made. HALF-YEARLY RATES—SUPPLEMENTAL VALUATION LISTS. Subscriber writes "In making a general district rate yearly, is there any way in bringing in new property by means of a supplemental rate ? Having regard to section 211 (1) of the Public Health Act, 1875, can an urban authority substi- tute the yearly estimate for the half-yearly estimate without sacrificing the amount of rates on new properties brought in the poor rate by means of supplemental lists ? Could this object be accom- plished by two half-yearly rates based on one yearly estimate ?" Answer Under Section 210 the council may make rates from time to time as occasion may re- quire, and there would be no legal difficulty in the way of making two or even more general district rates in a year. If this course were adopted pro- perties which, under a year rate, escape assess- ment, would be duly rated. The one yearly esti- mate would not suffice, as under Section 218 a separate estimate would be necessary for each rate. RURAL DISTRICT—PIGSTYES AND STABLES. T. H. T." writes: "What is the general rule about pigstyes and stables in a district where there are no bye-laws ? Should they not be kept at a distance from dwelling-houses and public roads, and froKi^drinking-places for«fl,ttle ?" Answer: There is no enactment fixing the dis- tance for these structures in a rural district, and the subject can only be dealt with under Section 91 of the Public Health Act, 1875, when any animal so kept or an accumulation or deposit is so dealt with as to become a nuisance or injurious to health. POLUTION OF RIVER. "Owner" writes: "A number of cottages have for many years sent their dirty water into a ditch which communicates with a river. There is no system of sewers in the village. Whose place is it to prevent the river being polluted ?" Answer: The district council should take steps against the owners to prevent the pollution. LOCAL GOVERNMENT ACTS—COST OF FIREMEN'S UNIFORM. Enquirer writes Can a parish council pro- Tide uniforms for its volunteer fire brigade and charge the same to its general fund ?" Answer: If the parish council provide a fire engine in pursuance of section 29 of the Poor Law Amendment Aet, L867, they may provide suitable implements and accoutrementsand pay for them out of their general fund; but if they proceed under the Lighting and Watching Act, they must charge the expenses to the account under that Act, and not to the general fund. PAROCHIAL CHARITY.—TRUSTEES' ACCOUNTS. Clerk writes: There is a parochial charity in this parish of £10 a year left to apprentice a poor boy. The person who pays the charity and a representative trustee appointed by the parish aouncil are the trustees. The parish meeting wisa to see the accounts of the charity, and as no part of it is ecclesiastical, they think they are entitled to do so under Section 14 of the Local Govern- ment Act." Answer: By Section 14 (6) of the Act of 1894 the accounts of all parochial charities are to be laid before the parish meeting annually, and under Section 44 of the Charitable Trusts Amendment Act, 1855, the trustees of the charity are required to make out an account and to transmit it on or before March 25 in every year to the chairman of the parish meeting, and to the Charity Commis- sioners. If this is not done, the Commissioners should be communicated with, as they have exten- sive powers which would enable them to punish the trustees in default. VILLAGE OPEN SPACES—CONTROL. "Clerk" writes: "The open spaces of the Tillage have been vested in the overseers till the Local Government Act, 1894, transferred them to the parish council. A wooden erection has been put upon the open space controlled by the council, for which the perse n refuses to pay rent, as he is paying it to the owners of the adjoining property, who claim a number of feet. 1. What course is open to the council to have it removed ? "2. Have they to appeal to the rural or county council ?" Answers: 1. The owner of the adjoining property appears to have no authority to let the open space to another person, and the remedy of the parish I council is to remove the structure and thus assert their right to the whole of the open space. If this involves any litigation they would be justified in defending any action brought against them. 2. No. COST OF FOOTBRIDGE BETWEEN TWO PARISHES. D. p, J." writes: A new footbridge was re- quired over a river which is the boundary between two parishes. The A. Parish Council asked B. to jojn to erect same, but they were unwilling to do so, as they said that their parish would not get much benefit from it. The A. Parish Council ordered the footbridge and had it put up. Can Â. now recover part of the expenses of the foot- bridge from B ? What is the best course for A. to take to compel B. to pay their share ?" Answer The A. Parish Council have no right to recover any part of the expenses from B. Parish. PARISH COUNCIL—FOOTPATHS. D. P. J." writes Can a parish council or any ¡ other authority restrain a fanner from ploughing up a footpath which goes through the middle of his field, and also to stop him from taking his horses and plough across it ? What is the recog- nised width of a public footpath across fields Answer: If the path has been dedicated, subject to the right of the farmer to plough across it. he cannot be prevented from exercising that right, and the parish council cannot stop him taking his horses and plough across it; but if no such right was reserved, he could be indicted for obstructing the footpath. There is no statutory width pre- } scribed for such a footpath. HIGHWAY ACTS—REMOVAL OF OBSTRUCTION- COSTS. "Subscriber" writes: "During a storm a tree was blown across .the highway. The district council incurred costs in removing it from the highway to the side. In these circumstances is the owner of the tree liable to the highway autho- rity for the cost of its removal ?" Answer: The council were clearly justified in removing the obstruction, and we should consider that they would be entitled to recover the expenses from the owner and to retain the timber in their possession until such expenses were paid. tUNACY ACTS—PAUPER LUNATICS RELEASED ON TRIAL FROM THE COUNTY ASYLUM. Bewildered" writes It is the practice of our county asylum authorities to notify relieving officer that leave of absence on trial has been granted I to A. B., a pauper lunatic, that the relieving officer must have him removed from asylum within seven days from date of notice, and that seven days before expiration of leave of absence the I patient must be examined by a medical man, and a certificate of recovery forwarded to the asylum. The question having been raised whether these duties really devolve upon the relieving officer, I shall feel glad of your opinion or reference to authority on toe suw«wa»" — I t answer: We -do-not think that the relieving 1 officer can be called upon to perform this work by the asylum authorities. If the lunatic is released on trial the guardians should be communicated with so th?t the necessary arrangements may be mftde. —-

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