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pgff-.':_■—■.— PARISH COUNCILS.…

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pgff- _■ — — PARISH COUNCILS. IHTERESTTNG QCESTIOFTS AND INSTRUCTIVE ANSWERS. (From The Councils' Gazette!*) Power of Parish Council to Claim Footpath.— What number of years' occupation of a footpath through fields by the public, undisturbed by the owners of the land, is necessary before it can" he claimed by the parish council as belonging to the parish ? Answer.—The question whether a footpath iv open to the public or not does not depend upon anyprecise number of years' use. Suppose the free- bolder is in occupation, if he does any act which is explainable only on the supposition that he has dedicated the footpath to the public, the use of it for a few days would be sufficient. On the other hand, suppose the freeholder grants a lease of land for 50 years, the lessee cannot dedicate to the public a footpath across the land, so as to bind the landlord, for the simple reason that the lessee cannot give to the public what he has not got himself, viz., the right to the use of the land after the lease has expired. If the law were otherwise, the most monstrous injustice might be done, for a tenant who quarrelled with his landlord might seriously damage, or even destroy, the value of his property; e.g.. if he dedicated to the public all the paths in a garden, and an extra path or two across a tennis lawn. The latter part of your ques- tion uses words which suggest a false impression. The parish council cannot claim a footpath that is a matter left to the rural district council. And the footpath does not belong to the parish in the sense that land belongs to a landowner; all that the public can claim is a right of way over the land, they cannot claim the land itself. Power of Assistant Overseer to Act as Election Agent.—The parish of A., after the Local Govern- ment Act, 1894, has been divided into two parishes- urban and rural. I am an assistant overseer and clerk to P.C. for the parish of A rural. I have been engaged by a person who is a candidate for an election on the Urban District Council of A urban, as his agent. I have been with him canvassing from house to house, &c. Does my position in the rural parish forbid me from acting as an agent for'the above- mentioned person, who is in the urban parish ? I have received a letter from another candidate for the same ward, who says that my position in the rural parish forbids me to interfere in any way with the t-rban District Council election in the said urbatn parish. He says: Your salary being paid out of the rates forbids you from interfering in elections in the urban parish," and he says that he will report the matter to the Local Government Board. My salary is paid by the Parish Council of the rural parish. Answer.—We do not think that the fact that you are paid out of the rates of one parish disqualifies you for taking part (even as a paid agent) in an election in another parish. It is, however, impossible for vis to prove that there is no rule or statute to J orbia, you so acting. If you will ask the person who alleges that you are disqualified to state on what he relies as the foundation for his allegation,and-will repeat your question giving this information, wewill consider it. There is, however, another more serious question. You say you have been engaged by a candidate as his agent, and have been with him canvassing. Now, if you mean that you have been ''engaged" as a paid agent, and if part of the work for which you are to be paid is canvassing, then it seems to us that both you and the candidate are perilously near being guilty of illegal employment, sllle the eidployineiit paid' canvassers is not permitted. jU Power of Councillors to Purchase Debris of Council Property.—My council have recently acquired several houses (under a provisional order) for the purpose of forming a new street on their site. The debris of the buildings to be pulled down is going to be sold by public auction, the reserve price being known to the auctioneer and council's surveyor only. Are the councillors legally precluded from purchas- ing ? Answer.—We think they are. Election of Chairman of Parish Council.—The election of a chairman is the first business to Be transacted at the annual meeting, sec. 3, sub-sec. 8. It will therefore be observed that a chairman is to continue in office until his successor is elected. (1) Is chairman of parish Council thd propdrper'son to call the first meeting after April 15 ? (2) Is chairtnetv for one year entitled by law to preside at the annual meeting in the following year, at which the jftrst bu^-> ness will be the electien of 3'nftW«h*.rman ? '(8) Can the new parish council legally efcoct tempo raj-illy from their own body a chairman uqtika new chair- man for the ensuing year is elected ? Answar.-—He can do so, and we think it is best that he should do so. Notice of the meeting should be given to every member of the council immediately after his election. (2) He is entitled to preside at the annual meeting until his successor is elected; as soon as thatjelec- tion is completed, the new chairman will take the chair. (3) Not if the outgoing qhairman is present at the meeting, and is willing to take the chair. Appointment of Assistant Overseers.-Prepara' ion, of Rate and Receipt Books.—(1) A new urban dis- trict has just been constituted here. Clause 6 says: The appointment of pverseers of the poor for the new parish of A, and any appointment of assistant overseers for such parish, shall be made in like manner as if such parish had been a parish included in an urban district on the appointed day within the meaning of the Local Government Act. 1894." It is presumed that under this clause the Urban Council is unable to appoint overseers without obtaining the power from the Local Government Board under sec. 3 of the Act. Is this so ? (2) What is the pro- cedure for appointment of overseers in an urban diar triat. where the council do not secure the power re- ferred to ? (3) Whose duty is it to prepare the rate- book and rate receipt cheque books in a parish where there is both an assistant overseer and collector? (4) Where there is a clerk and collectorforan urban council. whose duty is it to prepare the general district rate- bookandthe receipt-book? Answer.—(l)We thinkthat is the effect of the clause. (2) The power of appoint- ing is in the hands of the justices. But in soizio parishes it is the practice to hold- a Ttttrv tueeting, and choose certain persons whose names are to be submitted to the justices for election. -The justices generally select the first names on the list, and in this way, in substance, though not in form, the vestry, choose the overseers. (3) The rate-book is to be pre- pared by the assistant overseer, the rate-receipt cheque book by the collector. (4) The general district rate is to be collected by such persons as the urban dis- trict council from time to time appoint. Prima facie, the preparation of the rate-book is part of the clerk's duties, and the preparation of the receipt-books falls upon the collector; but the question depends upon the special arrangements and orders made by the council. Compulsory Acquirement of Burial Ground.—Our parish council (aftef the parish meeting have adopted the Burial Act) make an application to certain land-, owners in our parish, asking will they sell two acres in a central place in the parish for having a burial round, according to the wishes of the hereditaments of this parish and the Burial Act? We received a reply that they won't sell at all for any price. Under the circumstances the parish council made another attempt, to know the electors* voice, to make a poll' by ballot as to which place they would decide for. The result is as follows for a certain piec6 of land: No. of Votes. Field, No. 1. 1 acre of the plot 18 11 2. 11 11 11 2: i, 3. >> >» 1, 8 4. „ 11 11 1 Of course the No. 1 have the highest numbed; What step do you advise our council to take to carry the matter to a final course ? There are 15 gentlemen on our council, five or six clever men, and say seven: to nine ignorant. This is to say, there is a,field,J very convenient to the parishioners, they eould have' without acting by compulsion, at, say, to JE90 an acre, but this not to the satisfaction of the said, parishioners. Kindly advise us as clear as possible in your valuable paper, and we shall be much obliged. How can we find the land to have the burial ground under the eireLITtiRtanees, on aseasv terms as possible? Can we get it without appealing to the urban council to have a special Act of Parliament. There is some- thing in the Public Health Act and in the Local Government Act, 1894, to the effect that the parish council could make no owner of land sell for the same subject—the burial ground. Answer: The parish council can take land by agreement without having to obtain any Act, or any sanction Or order of any other authority. If, however, it is necessary to borrow money, the consent of the parish meeting, the county council, and the LocalGovernment Board is required. We advise you to avoid any attempt to put in /orce compulsory powers, if you can possibly do so, as that will involve delay, and a considerable expense in all probability. The powers of the parish council depend on the Local Government Act, 1894, and on the Burial Acts. You need not trouble about he Public Health Act, 1875, which does not apply t9 your case. '0:'1;

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