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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 Government Chronicle," repro- duced with the consent of the proprietors of that old-established paper, the recognised official organ of the local governing bodies.] POOR LAW—OVERSEER—QUALIFICATION. "W. S." writes :—"A person is a ratepayer in two parishes. Can he act as overseer for both parishes? One parish has a parish council and the other has an urban district council." Answer.—There is nothing to prevent his acting as overseer for more than one parish, pro- vided that he is a "substantial householder" in all of them. If a person has two houses in different parishes and occupies both, he is qualified in both places, though he sleeps in one and resorts to the other: Rex v. Poynder, 1 B. and C. 178. But merely being a ratepayer is not enough to qualify in either case, unless he is a substantial householder as well. PROCEEDINGS OF GUARDIANS—REPORT BY OFFICER—LIBEL. "X." writes :—"An official makes a privileged communication to hiS board of guardians which is detrimental to a certain institution, and likely to lead to a falling off of the receipts of the latter. The Press who were present at the meeting make a full report in the local paper. What is the position of the official? Does he lay himself open to an action for libel through the reporters making his communication public, or is the publisher liable?" Answer.—The official is not liable in any way, and if the communication was made by him openly to his board, and formed part of their pro- ceedings, the newspaper would not be liable, unless the report was published maliciously; see section 4 of the Law of Libel Amendment Act, 1888. MEDICAL OFFICER—DUTY. "F." writes :—1. "Is the remarks column of the medical relief book the proper place for a report or recommendation to be made by the medical officer when a report book is provided for the purpose? "2. If the master is satisfied that infirmary clothing is properly disinfected with, say, sulphur, can the medical officer order any other disinfectant in its place? "3. Is it any part of the medical officer's duty to order how, Where, or with what particular soap infirmary clothing shall be washed (especially after disinfecting), or is not this a domestic con- cern, and therefore the business of the master or matron?" Answers.—1. The medical relief book is net the proper place for any report, as it is not addressed to the guardians as it should be under Art. 207 of the General Consolidated Order. All reports should be in the report book. Recom- mendations having reference to entries in the medical relief book might well be entered in that book if of minor importance, but even then the medical officer should report to the guardians that he has made the entries there. 2. The medical officer would be responsible and his view should prevail in such cases. 3. In ordinary circumstances these matters would be in the discretion of the master, but if the medical officer wished different soap to be used, he should report to the guardians wnat, in his opinion, should be done. LUNATIC—CHARGE ABILITY. "Clerk" writes:;—"A person, aged 19 years, joined the Army, and becoming insane, was removed, under the Army Act, from Netley to the asylum, chargeable to this snion, he having stated in his attestation paper that he was born here. This statement now appears to be incor- rect, as he was born in Newfoundland and came to this country about 16 months ago. He has not gained a status of irremovability anywhere in England. Please state is there anything to prevent his being made chargeable to the county under section 290 of the Lunacy Act, 1890." Answer.—No. RATING OF SEWERS. "M. B. R." writes:—"About 70 years ago, in developing an estate, the owner created a rent- charge on each plot of land sold for building purposes, for the provision, maintenance, and use of roads and sewers. Subsequently the roads were taken over by the town, and the rent-charge was reduced by one-half. The owner has con- tinued to receive and still receives the rent- charge. The sewers are laid below the surface of the soil, and have never been rated. The question is now raised whether the owner, by receiving the rent-charge is beneficial occupier' of the sewers. I should be obliged by your opinion." Answer.—The sewers are not rateable. See decision in London County Council v. Erith Overseers, L. R. 1893, A. C. 562. RIFLE RANGE—RATE ABILITY. e Subscriber" writes:—"A rifle club or association have hired some land and have erected thereon butts or targets for rifle practice. It appears that they sub-let the said land to a farmer at a rent much lower than they pay to the landlord, in fact I believe the association pay a rent themselves of about per acre and sub-let at about 5s. per acre, the association reserving to themselves the right of user of the range at all times. They also allow other rifle clubs to practise or have competitions on the range on payment of a certain sum. The association have been rated on the rent they have paid, but now object. "1. Are they exempt from rating, the land being in the occupation of the Crown? "2. Is the sub-tenant only rateable on the rent that he actually pays?" Answers.—1. If the land is occupied on behalf of the Crown it is wholly exempt, but as to this there may be some question, and the War Office should be consulted as to their being the occu- piers. If it is so occunied, the Government will make a grant in lieu of rates. 2. Yes, if that represents what a hypothetical tenant would give under the circumstances. RATEABILITY OF PAUPERS AND OTHER POOR PERSONS. P." writes:—"1. Are an old couple who are living on a parish allowance liable for poor and other rates? "2. Would you state if such a couple who were kept by their sons who were labourers were liable for the same? "3. Is a. widow with a large family who has to support herself and one child liable to pay rates? She has parish allowance for the other children." Answers.—1, 2, and 3. Yes, they are all liable and must be assessed, but if they are too poor to pay they might apply to the justices to excuse the rates, and the overseers would then be relieved of the obligation of collecting them. l, PUBLIC HEALTH ACTS—OPEN BATHING TLACE —CHARGES. "Constant Reader" writes:—"The urban district council of C. have decided to make an open-air swimming bath for boys and men. They "were advised that they could charge Id. for each bather, with an additional penny if a towel is required. It is now contended that the penny charge must also include use of towel. The point is important, as the resolution to make the bath was only adopted by a small majority on the understanding that it would be very little, if any, loss to the rates. Can the council charge Id. for bath. and also Id. for towel, when the towel is asked for?" Answer.—The charge fixed by Part V. of the Schedule to the Baths and Washhouses Act, 1847, as amended by section 14 of the Act of 1878, is Id. without the right to have a towel; and if towels are provided they may be charged for extra, but bathers may bring their own towels, and cannot be compelled to hire those provided by the council. STREET IMPROVEMENTS—APPORTIONMENT. "Rex" writes :—In apportioning the cost of street improvement in an urban district under the Public Health Act, 1875, section 150, where there ure intersecting streets— "1. Should the width of the intersecting streets be measured to the adjoining owners t "2. Should the intersecting streets bo measured with the frontages, and divided Amongst the several owners? "3. Should the frontages be measured net! If Answers.—1. No. 2. Yes. 3. It is not clear what you mean by "net** TWie frontages should be measured as then actually stand, from boundary to boundary.

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