Welsh Newspapers

Search 15 million Welsh newspaper articles

Hide Articles List

10 articles on this Page

LOCAL GOVERNMENT "NOTES AND…

News
Cite
Share

LOCAL GOVERNMENT "NOTES AND QUERIES." [The following is a selection from the valuable ana authoritative Answers to Queries," published in The Local Government 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 ACT, 1875—NUISANCES—COT- TAGES IN DIRTY CONDITION. "Palus" writes:—"Can a landlord be com- pelled to paper or colour rooms when they are not filthy, but. rather want doing up, the paper being rather torn or shabby? The tenants often think they are entitled to have such work done if they think it necessary. Is this so?" Answer.—The Public Health Act is not in- tended to apply to any premises which are not "in such a state as to be a nuisance or injurious to health," and it is only in such cases that a sanitary authority can require any work to be done. LOCAL GOVERNMENT ACTS-ORDNANCE MAP— PURCHASE BY OVERSEERS. "W. J. T." writes:—"The ordnance map of this parish is an old one. To keep the assess- ments correctly I am anxious to have the latest survey. Have the overseers power to pay for a new ordnance map, or must the cost be sanc- tioned by the parish meeting?" Answer.—The overseers have authority to pur- chase ordnance maps without the sanction of the parish meeting. EDUCATION ACT, 1902-VOLUNTARY SCHOOrr- POWERS OF TRUSTEES. "A. R. L. writes:—"Kindly answer the fol- lowing questions. In the case of a British school being transferred under section 8 (3) to the local education authority:- "1. Will the church clergy have the right of entry? "2. Will the denomination on whose land the buildings are erected have the right of using the buildings out of school hours? "3. Could the trustees of the denomination charge rent, the property being held upon one 'trust' only, viz.:—for the use and benefit of Protestant Dissenters? "4. Mortgage interest being payable, who would be liable to pay it—the local education authority or managers? "5. The site on which the infant school stands was purchased three years ago by members of the congregation who were constituted trustees, and they mortgaged their property to raise the money to build the school. If the school remains a voluntary one should these trustees join with the trustees of the land belonging to the congregation (on part of which the school stands where the elder scholars are taught) in an application for an order under section 11, or should each body of trustees as separate owners apply?" Answers.—1. If a. school is transferred to the local education authority it becomes a "pro- vided" school, and is subject to the Cowper- Temple Clause of the Education Act, 1870, and the church clergy will have no rights in respect of it. 2. N o. 3. The trustees could transfer the school on lease at a rent, and the school would become a "cprovÜled" school just in the same way as if it had been established by the local education autho- rity. 4. If the school was acquired by the authority that body would become liable for the interest, but not otherwise. 5. All the parties interested in the trusts affect- ing the school should join in making the applica- tion to the Board of Education. The whole of the above answers may be affected by circumstances not set out in the ciuestion, a.nd we recommend you to take legal advice on the actual facts before any decisive steps are taken. COMPENSATION—RETURNING OFFICER. "Returning Officer" writes:—"Where a clerk to the guardians has acted as returning officer in the election of school boards within his union, will he be entitled under the provisions of the Education Act, 1902, incorporating section 120 of the Local Government Act, 1888, to compen- sation in respect of the fees which he will lose in consequence of the elections by ratepayers being abolished, or is it contemplated that com- pensation shall be paid only to persons appointed as officers purely and simply?" Answer.—The returning officer is not an officer who is transferred under the Act, and he would not be entitled to any compensation for loss of fees consequent on the changes brought about by the Act. I BATHS AND WASHHOUSES ACTS-ADOPTION. "Clerk U. D. C." writes :This council pro- pose to adopt the Baths and Washhouses Acts. Kindly inform me what is the proper method of procedure. What notice is required to be given to members of the council, and what is the cor- rect form cf resolution to be proposed? If the Council adopt these Acts can they be compelled to put same in force, and forthwith provide public baths and washhouses?" Answer.—The Council can adopt the Acts un- der section 10 of the Public Health Act, 1875, by merely passing a resolution that the Acts be adopted. If the Acts are adopted, the council will have the power to establish baths and wash- houses, but cannot be compelled to exercise powers. If the council nave not made up tneir minds whether they will have baths and wash- houses, it would be well for them to defer adopt- ing the Acts until it is likely that some action will be taken under them. LOCAL GOVERNMENT ACTS—PARISH COUNCIL REPAIR OF FOOTPATH. "D. P. J." writes:—"Can a parish council in repairing footpaths put. stones on same, having had the owners' consent to do so?" Answer.—Yes, they can repair the path in any suitable manner that they think fit to adopt, pro- vided that they do not interfere with the rights of the owners of the land. BIRTHS AND DEATHS REGISTRATION ACTS- QUALIFICATIONS OF REGISTRAR. "II." writes:—"1. In what manner and by whom are registrars of births and deaths ap- pointed? Is it necessary that the appointing authority should advertise'for applicants, or may they appoint without so doing? they appoint without so doing? H. Is it an indispensable rendition that an ap- plicant must be a householder, or will an office be sufficient? Is there any age limit?" Answer.—1. Registrars of births and deaths are appointed by boards of guardians under sec- tion 7 of the Births and Deaths Registration Atet, 1836. and they must possess such qualifications as the Registrar-General prescribes. These qualifi- cations are set out in regulations dated June 19, 1885. An advertisement of vacancy is not essen- 2. Ah applicant need not reside in the district, but when appointed every registrar must either dwell or have a known office therein. The age zD limits are between 21 and 60. MUNICIPAL CORPORATIONS ACTS—DISQUALIFICA- TION OF DIRECTOR OF COMPANY. "Veritas" writes:—"Can the managing direc- tor of a limited liability company under the Com- panies Acts be a member of a town council when his company take contracts and execute work for the council ? Would an action lie against him, and could he be unseated as a member of the council?" Answer.—We think that he would be disquali- fied and an action for penalties could be taken against him, which, if successful, would unseat him. PRIVATE STREET WORKS ACT-LIABILITY FOR EXPENSES OF ROAD-MAKING. "EnquiTer" writes:—"The snle entrance into a townshin is an old parish road, repairable by the inhabitants at large. This road consists as to its width of about ijG feet of the old parish road preoer, 0f about 20 feet of (presumably) road- side waste, and a 10ft. footpath, which has been maintained for about 12 years—the period of its existence—by private subscription. Fronting this footpath is building land belonging to pri- vate owners. On the opposide side of the road there is no footpath, and the land fronting the road is also to be used for private building Pulj" poses. Are the owners of land on one or on both, sides liable for any portion of the road-making expenses, if the road is properly made up?" Answer.-If, as we understand it, the highway is not to be widened, but merely a portion, which has not hitherto been made up, is to be made up as roadway and footway, this is merely an altera- tion in the character of the road, and the front- agers cannot be made liable for the expense. WORKMEN'S COMPENSATION ACTS-BURIAL EXPENSES. "R 0." writes:—"A workman, without de- pendants or relatives, whilst at work met with an accident which caused his death, and employer appears to be liable under the Workmen's Com- pensation Acts. Expenses of funeral, etc., have been defrayed by R. O. Have guardians power to proceed against employer for recovery of costa incurred? Note opinion of Local Government

Advertising

Carmarthen Police Court.

Advertising

Crongar Hill for Consumptives.

Tivysida Point-to-Point Races.…

LLANDDEUSANT.

ST. CLEARS.

Advertising

LOCAL GOVERNMENT "NOTES AND…