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LOCAL GOVERNMENT NOTES AND…

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LOCAL GOVERNMENT NOTES AND QUERIES. [The following is a selection from the valuabl. and authoritative "Answers to Queries," pub- lished in "The Local Government Chronicle," reproduced with the consent of the proprietors of that old-established paper, the recognised onleial organ of the local governing bodies.] LOCAL GOVERNMENT ACTS—BURIAL JOINT -COMMITTEE—ACQUISITION OF BURIAL-GROUND "Subscriber" writes: "A joint burial board committee has been formed under section 53 (2) of the Local Government Act, 1894, for the purpose of providing additional burial ground to the present churchyard, which committee is comprised of urban and rural parish councillors. The land to be acquired is glebe. Can you tell me— "1. Whether the vestry has in any way to be consulted as to whether the piece acquired is to be treated as part of the existing churchyard or as a cemetery. If so, must it be unanimous vote at vestry ? 2. What is the present statutory distance from any house at which cemetery may be constructed ? "3. Kindly quote section and Act which enables a joint burial board committee to borrow. 4. Will the incumbent be entitled to charge for the grave spaces, seeing that the benefice receives »the purchase money for the acquired ground ? Answers 1. The powers of the vestry have ended so far as this matter is concerned, and all that is necessary is for the parish meeting to -decide on the provision of a burial ground. If this is done, the ground cannot be merged with and form part of the church, but must be managed by the parish council. 2. Under the Burial Act, 1855, s. 9, thedistanee is 100 yards. 3. General committees are formed under section 57 of the Local Government Act, and not under section 53, as you state, and by subsection 2 the committee can have no burying power. The vestry of the urban parish and the parish meeting of the rural parish should separately consent to the proposed purchase, so as to comply with sections 19 and 26 of the Burial Act, 1852, and the urban district council and parish council should agree as to how the loan should be raised under section 1 (n) of the Local Government (Sub- committees) Act, 1897. 4. The incumbent's rights will be determined by the Burials Act, 1900. PARISH COUNCIL'S FIRE BRIGADE—CONTRIBUTION TO EXPENSES OF UPKEEP. "Frobitas" writes: "May an individual con- tribution be accepted from a ratepayer of an adjoining parish for the parish's share ot expenses in proportion to rateable values of contributing parishes where such contribution is refused by the parish council or parish meeting?" Answer If a private individual pays a parish's share of expenses, the parish council may enter into an agreement with him to place their engine at the service of his parish. This being a receipt of money, and not a payment, it is a matter over which the auditor has no jurisdiction, and no question could arise until, in the event of a fire taking place, the council incurred any expenditure which was not recovered. The best course, how- ever, would seem to be for the private individual to pay his donation to his own parish council, and for them to enter into an agreement with the council of your parish under the Parish Fire Engines Act, 1898, by which the fire engine may be used in their parish. PARISH PROPERTY—REPAIR. F. W. T." writes There is in our parish some old house propertvljeionging to the parish also a plot of laud. It is proposed to sell the plot of land and appropriate the proceeds of such sale to the improvement of the house property, but the amount which it is expected to receive from the sale of the land will not cover all the proposed expenditure on the improvement of the house property. Can you say if this object is one for which the Local Government Board will sanction a loan, and if so, the greatest period over which the repayment of the loan can be extended ? Answer The view of the Local Government Board is that the rents of parish property must be made to defray the expenwes of repair, and if it can be shown that a surplus income has been devoted to the relief of the poor rate, it would be permissible to apply an equivalent sum, as well as any future rents, to the expenses of repairs. Before the proceeds oiany sale of land could be disposed of in the manner proposed, the sanction of the Board should be obtained. A loan for defraying the cost of repairs would not be sanc- tioned by the Board, as it is not a purpose for which loans are authorised. CHURCHWARDENS—QUALIFICATION. cc H.J. fl." writes "Of the churchwarden in this parish one is not a householder and the other a non-parishioner. Is there anything incompatible in their appointments ? Answer A churchwarden must be an inhabitant of the parish, and need not necessarily be an occupying householder. HIGHWAY ACTS—CLEANSING SURFACE-WATER DRAINS AND DITCHES. "R. D. C." writes "A field adjoins a highway, which stands five or six feet above it. Across the field, running practically at right angles to the road, is an old ditch, made presumbly to carry of the surface water from both land and road. Forty or 50 years ago the road was taken over by the parish, prior to which the owner deepened the ditch and laid pipes in the bottom the better to drain the road. These pipes are now blocked, and the ditch has also become foul, so that the surface water from the road cannot escape. Will you please advise- 1. Whether the district council can in any way compel the owner or occupier (a) to clear the <litch (b) to clear the pipes beneath it. 2. If the district council themselves do the work, can they recover the cost or any part of it either from owner or occupier ? Answers 1. This does not appear to be a case to which section 67 of the Highway Act, 1835, applies, and the only course appears to be for the district council to cleanse the ditch, and, if necessary, the pipes. 2. No. WATER SUPPLY—JOINT SERVICE-PIPB. "Service Pipe writes A. and B., having purchased adjoining cottages from a speculative builder, find some time after taking possession of their property that the water supply of both cottages from the water main of the urban district council is supplied through one service pipe running underneath the cottage belongingto A. This joint service pipe has recently burst under cottage, and he calls upon B., as joint owner, to contribute ono-half of the cost of repair, which B. refuses to do. A. is advised that the cause of fracture in the pipe, is faulty material, and is anxious to lay an entirely new service pipe, but B. refuses to pay his share of the coat. Kindly suggest A.'s remedy. Would he be justified in laying on a new service pipe for his own exclusive use, and would he also be justified in refusing permission to B. to enter upon hia premises for the purpose of repairing the existing joint service pipe ?" Answer It is usual to prohibit any such arrangements for water service as exist Jin this case, and if this is so in your district, the council could refuse to continue the supply, and could require A. and B. each to provide a separate service pipe. Unless B.'s deeds give him the right to use a water pipe through A.'s premises, A. can cut off B.'s Bcrvice and require him to procure a service on his own account. LUNACY ACTS—OVERDRAFT ON TREASURER. I F. G." writes A county asylum treasurer has sent in a claim for interest on hank overdraft at the rate of 4 per cent. on the maintenance account of the asylum. Would such payment bo legal? If not: have the committee power to pay the treasurer a salary under section 27G (e and 5), Lunacy Act, as would cover the interest ? Answer An overdraft is itself illegal, and the payment of interest on it is equally so see tho -decillion in Ileg. v. Sir Charles Reed. L. R. 5 C. A. 485. The committee can appoint a paid treasurer, but if the assignment of a salary was made expressly for the purpose of providing for illegal payments, it would be illegal see Attorney- general v. Mayor of Cardiff. lRH. 2 Ch. 337.

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