Chapter 5

Previous to the Education Act 1902, county councils had certain optional powers under the Technical Instruction Acts to supply or aid the supply of technical or manual instruction. Their duties in respect to education were, however, muchEducation.enlarged by the act of 1902. That act abolished the old school boards and school attendance committees, and substituted a single authority for all kinds of schools and for all kinds of education. The county council or the council of a county borough is now in every case the local education authority, except that non-county boroughs with a population of over 10,000, and urban districts with a population of over 20,000, may be the local education authorities for elementary education only, but they may relinquish their powers in favour of the county council. For higher education county councils and county boroughs are the sole education authorities, except that non-county boroughs and urban councils are given a concurrent power of levying a rate for higher education not exceeding 1d. in the £. Under the act, an education committee must be established by all authorities. The majority of the members of the committee are appointed by the council, usually out of their own body, and the remainder are appointed by the council on the nomination or recommendation of other bodies. Some of the members of the committee must be women. All matters relating to the exercise of the powers of the education authority (except those of rating and borrowing) must be referred to the committee, and before exercising any of their powers the council must (except in cases of emergency) receive and consider the report of the education committee with respect to the matter in question. As to higher education the local education authority must consider the educational needs of their area and take such steps as seem to them desirable, after consultation with the Board of Education, to supply or aid the supply of education other than elementary, and to promote the general co-ordination of all forms of education. For this purpose they are authorized to levy a rate not exceeding 2d.in the £, except with the consent of the Local Government Board. They must also devote to the same purpose the sums received by them in respect of the residue of the English share of the local taxation (customs and excise) duties already referred to. See furtherEducationandTechnical Education.Under the Midwives Act 1902, every council of a county or county borough is the local supervising authority over midwives within its area. The duty of the local supervising authority is to exercise general supervision over all midwives practisingMidwives.within their area in accordance with rules laid down in the act; to investigate charges of malpractices, negligence or misconduct on the part of a midwife, and if a prima facie case be established, to report it to the Central Midwives Board; to suspend a midwife from practice if necessary to prevent the spread of infection; to report to the central board the name of any midwife convicted of an offence; once a year (in January) to supply the central board with the names and addresses of all midwives practising within their area and to keep a roll of the names, accessible at all reasonable times for public inspection; to report at once the death of any midwife or change in name and address. The local supervising authority may delegate their powers to a committee appointed by them, women being eligible to serve on it. A county council may delegate its powers under the act to a district council.Part of the business transferred from quarter sessions to the council was that which related to pauper lunatics, but the whole subject of lunacy was consolidated by an act of the year 1890, which again has been amended by a later act. TheLunatics.councils of all administrative counties and county boroughs and the councils of a few specified quarter sessions boroughs, which before 1890 were independent areas for purposes of the Lunacy Acts, are local authorities for the purposes of the Lunacy Acts, and each of them is under an obligation to provide asylum accommodation for pauper lunatics. This accommodation may be provided by one council or by a combination of two or more, and such council or combination may provide one or more asylums. The county council exercise their powers through a visiting committee, consisting of not less than seven members, or, in the case of a combination, of a number of members appointed by each council in agreed proportions. In the case of a combination the expenses are defrayed by the several councils in such proportion as they may agree upon, and the proportion may be fixed with reference to either the accommodation required by each council or the population of the district. A county borough may also, instead of providing an asylum of its own, contract with the visiting committee of any asylum to receive the pauper lunatics from the borough. Private patients may be accommodated in the asylums provided by a county council, and received upon terms fixed by the visiting committee. The expenses of lunatic asylums are defrayed in the following manner: The guardians from whose union a lunatic is sent have to pay a fixed weekly sum, which may not exceed 14s. a week. A larger charge is made for lunatics received from unions outside the county, as these do not, of course, contribute anything towards the provision or up-keep of the asylum itself. In addition to the payments by guardians, there is a contribution of 4s. a week from “the exchequer contribution account” already mentioned, and the remaining expenses are defrayed out of the county rate.Under the Allotments Acts 1887 to 1907, it is the duty of a county council to ascertain the extent to which there is a demand for allotments in the urban districts and parishes in the county, or would be a demand if suitable land were available, andAllotments.the extent to which it is reasonably practicable, having regard to the provisions of the acts, to satisfy any such demand, and to co-operate with authorities, associations or persons best qualified to assist, and to take such steps as may be necessary. The powers of the Local Government Board under the Allotments Acts were transferred by the act of 1907 to the Board of Agriculture and Fisheries, and by the same act the powers and duties of rural district councils were transferred to parish councils. The county council under these acts has compulsory powers of purchase or hire if they are unable to acquire land by agreement and on reasonable terms. If an objection is made to an order for compulsory purchase or hire, the order will not be confirmed by the Board of Agriculture until after a local inquiry has been held. If the Board of Agriculture is satisfied, after holding a local inquiry, that a county council have failed to fulfil their obligations as to allotments, the board may transfer all and any of the powers of the county council to the Small Holdings Commissioners.By the Small Holdings and Allotments Act 1907, Small Holdings Commissioners are appointed by the Board of Agriculture to ascertain the extent of the demand for small holdings, and confer with county councils as to how best to provide them.Small holdings.Local authorities are required to furnish information and give assistance to the commissioners, who report to the board. If the board, after considering the report, consider it desirable, they require the county council concerned to prepare a scheme for the provision of small holdings; if the county council decline to prepare a scheme, the board may direct the commissioners to do so. A county council may also prepare a scheme on its own initiative. When a scheme has been confirmed, the county council must carry out the obligations imposed on it within a prescribed time; if they make default the board may direct the commissioners to assume all the powers of the county council, and the county council must repay to the board the expenses the commissioners may incur. A county council may delegate, by arrangement, to the council of any borough or urban district in the county their powers in respect of the act. A small holding is defined by the act as one which exceeds 1 acre, but must not exceed 50 acres or £50 annual value. Every county council must establish a small holdings and allotments committee, to which must be referred all matters relating to the exercise and performance by the council of their powers and duties as to small holdings and allotments.Under the Isolation Hospitals Acts 1893 and 1901, a county council may provide for the establishment of isolation hospitals for the reception of patients suffering from infectious diseases on the application of any local authority within the county,Hospitals.or on the report of the medical officer of the county that hospital accommodation is necessary and has not been provided, or it may take over hospitals already provided by a local authority. The council by their order constitute a hospital district and form a committee for its administration. The committee have power to purchase land, erect a hospital, provide all necessary appliances, and generally administer a hospital for the purposes above mentioned.The powers and duties of a county council under the Local Government Act 1894 are numerous and varied, and the chief of them are mentioned hereafter in connexion with parish councils. The county council may establish a parish council in aParish councils.parish which has a population of less than 300, and may group small parishes under a common parish council; in every case they fix the number of members of the parish council. They may authorize the borrowing of money by a parish council, and they may lend money to a parish council. They may hear complaints by a parish council that a district council has failed to provide sufficient sewerage or water-supply, or has failed to enforce the provisions of the Public Health Acts in their district, and on such complaint they may transfer to themselves and exercise the powers of the defaulting council, or they may appoint a person to perform those duties. They may make orders for the custody and preservation of public books, writings, papers and documents belonging to a parish. They may divide a parish into wards for purposes of elections or of parish meetings. They may authorize district councils to aid persons in maintaining rights of common. They may, on the petition of a district council, transfer to themselves the powers of a district council who have refused or failed to take the necessary proceedings to assert public rights of way or protect roadside wastes. They may dispense with the disqualification of a parish or district councillor arising only by reason of his being a shareholder in a water company or similar company contracting with the council, and, as has above been stated, they have large powers of altering the boundaries of parishes.Among the powers and duties of quarter sessions transferred to county councils were those arising under the acts relatingDiseases of animals.to contagious diseases of animals. These acts were consolidated and amended by a statute of 1894, and the county council remain the local authority for the execution of that act in counties.Under the Light Railways Act 1896 a county council may be authorized by order of the light railway commissioners toLight railways.construct and work or contract for the construction or working of a light railway, lend money to a light railway company, or join any other council in these matters.Among other statutes conferring powers or imposing duties upon county councils, mention may be made of such acts as those relating to sea fisheries regulation, open spaces, police superannuation, railway and canal traffic, shop hours,Miscellaneous.weights and measures, fertilizing and feeding stuffs, wild birds’ protection, land transfer, locomotives on highways and the acquisition of small dwellings. Sufficient has been said to indicate that the legislature from time to time recognizes the important position of the county council as an administrative body, and is continually extending its functions.

Previous to the Education Act 1902, county councils had certain optional powers under the Technical Instruction Acts to supply or aid the supply of technical or manual instruction. Their duties in respect to education were, however, muchEducation.enlarged by the act of 1902. That act abolished the old school boards and school attendance committees, and substituted a single authority for all kinds of schools and for all kinds of education. The county council or the council of a county borough is now in every case the local education authority, except that non-county boroughs with a population of over 10,000, and urban districts with a population of over 20,000, may be the local education authorities for elementary education only, but they may relinquish their powers in favour of the county council. For higher education county councils and county boroughs are the sole education authorities, except that non-county boroughs and urban councils are given a concurrent power of levying a rate for higher education not exceeding 1d. in the £. Under the act, an education committee must be established by all authorities. The majority of the members of the committee are appointed by the council, usually out of their own body, and the remainder are appointed by the council on the nomination or recommendation of other bodies. Some of the members of the committee must be women. All matters relating to the exercise of the powers of the education authority (except those of rating and borrowing) must be referred to the committee, and before exercising any of their powers the council must (except in cases of emergency) receive and consider the report of the education committee with respect to the matter in question. As to higher education the local education authority must consider the educational needs of their area and take such steps as seem to them desirable, after consultation with the Board of Education, to supply or aid the supply of education other than elementary, and to promote the general co-ordination of all forms of education. For this purpose they are authorized to levy a rate not exceeding 2d.in the £, except with the consent of the Local Government Board. They must also devote to the same purpose the sums received by them in respect of the residue of the English share of the local taxation (customs and excise) duties already referred to. See furtherEducationandTechnical Education.

Under the Midwives Act 1902, every council of a county or county borough is the local supervising authority over midwives within its area. The duty of the local supervising authority is to exercise general supervision over all midwives practisingMidwives.within their area in accordance with rules laid down in the act; to investigate charges of malpractices, negligence or misconduct on the part of a midwife, and if a prima facie case be established, to report it to the Central Midwives Board; to suspend a midwife from practice if necessary to prevent the spread of infection; to report to the central board the name of any midwife convicted of an offence; once a year (in January) to supply the central board with the names and addresses of all midwives practising within their area and to keep a roll of the names, accessible at all reasonable times for public inspection; to report at once the death of any midwife or change in name and address. The local supervising authority may delegate their powers to a committee appointed by them, women being eligible to serve on it. A county council may delegate its powers under the act to a district council.

Part of the business transferred from quarter sessions to the council was that which related to pauper lunatics, but the whole subject of lunacy was consolidated by an act of the year 1890, which again has been amended by a later act. TheLunatics.councils of all administrative counties and county boroughs and the councils of a few specified quarter sessions boroughs, which before 1890 were independent areas for purposes of the Lunacy Acts, are local authorities for the purposes of the Lunacy Acts, and each of them is under an obligation to provide asylum accommodation for pauper lunatics. This accommodation may be provided by one council or by a combination of two or more, and such council or combination may provide one or more asylums. The county council exercise their powers through a visiting committee, consisting of not less than seven members, or, in the case of a combination, of a number of members appointed by each council in agreed proportions. In the case of a combination the expenses are defrayed by the several councils in such proportion as they may agree upon, and the proportion may be fixed with reference to either the accommodation required by each council or the population of the district. A county borough may also, instead of providing an asylum of its own, contract with the visiting committee of any asylum to receive the pauper lunatics from the borough. Private patients may be accommodated in the asylums provided by a county council, and received upon terms fixed by the visiting committee. The expenses of lunatic asylums are defrayed in the following manner: The guardians from whose union a lunatic is sent have to pay a fixed weekly sum, which may not exceed 14s. a week. A larger charge is made for lunatics received from unions outside the county, as these do not, of course, contribute anything towards the provision or up-keep of the asylum itself. In addition to the payments by guardians, there is a contribution of 4s. a week from “the exchequer contribution account” already mentioned, and the remaining expenses are defrayed out of the county rate.

Under the Allotments Acts 1887 to 1907, it is the duty of a county council to ascertain the extent to which there is a demand for allotments in the urban districts and parishes in the county, or would be a demand if suitable land were available, andAllotments.the extent to which it is reasonably practicable, having regard to the provisions of the acts, to satisfy any such demand, and to co-operate with authorities, associations or persons best qualified to assist, and to take such steps as may be necessary. The powers of the Local Government Board under the Allotments Acts were transferred by the act of 1907 to the Board of Agriculture and Fisheries, and by the same act the powers and duties of rural district councils were transferred to parish councils. The county council under these acts has compulsory powers of purchase or hire if they are unable to acquire land by agreement and on reasonable terms. If an objection is made to an order for compulsory purchase or hire, the order will not be confirmed by the Board of Agriculture until after a local inquiry has been held. If the Board of Agriculture is satisfied, after holding a local inquiry, that a county council have failed to fulfil their obligations as to allotments, the board may transfer all and any of the powers of the county council to the Small Holdings Commissioners.

By the Small Holdings and Allotments Act 1907, Small Holdings Commissioners are appointed by the Board of Agriculture to ascertain the extent of the demand for small holdings, and confer with county councils as to how best to provide them.Small holdings.Local authorities are required to furnish information and give assistance to the commissioners, who report to the board. If the board, after considering the report, consider it desirable, they require the county council concerned to prepare a scheme for the provision of small holdings; if the county council decline to prepare a scheme, the board may direct the commissioners to do so. A county council may also prepare a scheme on its own initiative. When a scheme has been confirmed, the county council must carry out the obligations imposed on it within a prescribed time; if they make default the board may direct the commissioners to assume all the powers of the county council, and the county council must repay to the board the expenses the commissioners may incur. A county council may delegate, by arrangement, to the council of any borough or urban district in the county their powers in respect of the act. A small holding is defined by the act as one which exceeds 1 acre, but must not exceed 50 acres or £50 annual value. Every county council must establish a small holdings and allotments committee, to which must be referred all matters relating to the exercise and performance by the council of their powers and duties as to small holdings and allotments.

Under the Isolation Hospitals Acts 1893 and 1901, a county council may provide for the establishment of isolation hospitals for the reception of patients suffering from infectious diseases on the application of any local authority within the county,Hospitals.or on the report of the medical officer of the county that hospital accommodation is necessary and has not been provided, or it may take over hospitals already provided by a local authority. The council by their order constitute a hospital district and form a committee for its administration. The committee have power to purchase land, erect a hospital, provide all necessary appliances, and generally administer a hospital for the purposes above mentioned.

The powers and duties of a county council under the Local Government Act 1894 are numerous and varied, and the chief of them are mentioned hereafter in connexion with parish councils. The county council may establish a parish council in aParish councils.parish which has a population of less than 300, and may group small parishes under a common parish council; in every case they fix the number of members of the parish council. They may authorize the borrowing of money by a parish council, and they may lend money to a parish council. They may hear complaints by a parish council that a district council has failed to provide sufficient sewerage or water-supply, or has failed to enforce the provisions of the Public Health Acts in their district, and on such complaint they may transfer to themselves and exercise the powers of the defaulting council, or they may appoint a person to perform those duties. They may make orders for the custody and preservation of public books, writings, papers and documents belonging to a parish. They may divide a parish into wards for purposes of elections or of parish meetings. They may authorize district councils to aid persons in maintaining rights of common. They may, on the petition of a district council, transfer to themselves the powers of a district council who have refused or failed to take the necessary proceedings to assert public rights of way or protect roadside wastes. They may dispense with the disqualification of a parish or district councillor arising only by reason of his being a shareholder in a water company or similar company contracting with the council, and, as has above been stated, they have large powers of altering the boundaries of parishes.

Among the powers and duties of quarter sessions transferred to county councils were those arising under the acts relatingDiseases of animals.to contagious diseases of animals. These acts were consolidated and amended by a statute of 1894, and the county council remain the local authority for the execution of that act in counties.

Under the Light Railways Act 1896 a county council may be authorized by order of the light railway commissioners toLight railways.construct and work or contract for the construction or working of a light railway, lend money to a light railway company, or join any other council in these matters.

Among other statutes conferring powers or imposing duties upon county councils, mention may be made of such acts as those relating to sea fisheries regulation, open spaces, police superannuation, railway and canal traffic, shop hours,Miscellaneous.weights and measures, fertilizing and feeding stuffs, wild birds’ protection, land transfer, locomotives on highways and the acquisition of small dwellings. Sufficient has been said to indicate that the legislature from time to time recognizes the important position of the county council as an administrative body, and is continually extending its functions.

The Urban District.—A municipal borough is a place which has been incorporated by royal charter. In the year 1835 the Municipal Corporations Act was passed, which made provision for the constitution and government ofThe municipal borough and the borough council.certain boroughs which were enumerated in a schedule. That act was from time to time amended, until in 1882 by an act of that year the whole of the earlier acts were repealed and consolidated. A few ancient corporations which were not enumerated in the schedule to the act of 1835 continued to exist after that year, but by an act of 1883 all of these, save such as should obtain charters before 1886, were abolished, the result being that all boroughs are now subject to the act of 1882. A place is still created a borough by royal charter on the petition of the inhabitants, and when that is done the provisions of the act of 1882 are applied to it by the charter itself. The charter also fixes the number of councillors, theboundaries of the wards (if any), and assigns the number of councillors to each ward, and provides generally for the time and manner in which the act of 1882 is first to come into operation. The charter is supplemented by a scheme which makes provision for the transfer to the new borough council of the powers and duties of existing authorities, and generally for the bringing into operation of the act of 1882. If the scheme is opposed by the prescribed proportion (one-twentieth) of the owners and ratepayers of the proposed new borough, it has to be confirmed by parliament. The governing body in a borough is the council elected by the burgesses.

The qualification of a burgess has been incidentally mentioned in connexion with that of a county elector, and need not be further noticed. A borough councillor must be qualified in the same manner as a county councillor, and he is disqualified in the same way, with this addition, that a peer or ownership voter is not qualified as such, and that a person is disqualified for being a borough councillor if he is in holy orders or is the regular minister of a Dissenting congregation. Women, other than married women, are eligible. Borough councillors are elected for a term of three years, one-third of the whole number going out of office in each year, and if the borough is divided into wards, these are so arranged that the number of councillors for each ward shall be three or a multiple of three. The ordinary day of election is the 1st of November. At an election for the whole borough the returning officer is the mayor; at a ward election he is an alderman assigned for that purpose by the council. The nomination and election of candidates and the procedure at the election are the same as have already been described in the case of the election of county councillors. The law as to corrupt and illegal practices at the election is also similar, and the election may be questioned by petition in exactly the same way. A borough councillor must, within five days after notice of his election, make a declaration of acceptance of office under a penalty, in the case of an alderman or councillor of £50, and in the case of a mayor of £100, or such other sums as the council may by by-law determine. A councillor may be disqualified in the same way as a county councillor, by bankruptcy or composition with creditors, or continuous absence from the borough (except in case of illness). In short it may be said that as the provisions relating to the election of borough councillors were merely extended to county councillors by the Local Government Act of 1888 with a few modifications, these provisions, as already stated when dealing with county councils, apply generally to the election of borough councillors. After the annual election on the 1st of November the first quarterly meeting of the council is held on the 9th, and at that meeting the mayor and aldermen are elected. The election of the mayor and aldermen is again the same as has already been described in connexion with the election of the chairmanOfficers.and aldermen of a county council. The officers of a borough council are the town clerk and the treasurer, but the council have power to appoint such other officers as they think necessary. All these officers receive such remuneration as the council from time to time think fit, and hold office during pleasure. The provisions with respect to the transaction of the business of the council are also the same in the case of a borough as in that of a county council.The entire income of the borough council is paid into the borough fund, and that fund is charged with certain payments, which are specifically set out in the 5th schedule to the act of 1882. These include the remuneration of the mayor, recorderFinance audit.and officers of the borough, overseers’ expenses, the expenses of the administration of justice in the borough, the payment of the borough coroner, police expenses and the like. An order of the council for the payment of money out of the borough fund must be signed by three members of the council and countersigned by the town clerk, and any such order may be removed into the king’s bench division of the High Court of Justice by writ ofcertiorariand may be wholly or partly disallowed or confirmed on the hearing. This is really the only way in which the validity of a payment by a borough council can be questioned, for, as will be seen hereafter, the audit in the borough is not an effective one. The borough fund is derived, in the first instance, from the property of the corporation. If the income from such property is insufficient for the purposes to which it is applicable, as usually is the case, it has to be supplemented by a borough rate, which may be a separate rate made by the council or may be levied through the overseers as part of the poor rate by means of a precept addressed to them. In the event of the borough fund being more than sufficient to meet the demands upon it without recourse to a borough rate, any surplus may be applied in payment of any expenses of the council as a sanitary authority or in improving the borough or any part thereof by drainage, enlargement of streets or otherwise. The borough treasurer is required to make up his accounts half-yearly, and to submit them, with the necessary vouchers and papers, to the borough auditors. These auditors are three in number—two of them elected annually by the burgesses. An elective auditor must be qualified to be a councillor, but may not be a member of the council. The third auditor is appointed by the mayor and is called the mayor’s auditor. The auditors so appointed are charged with the duty of auditing the accounts of the treasurer, but they have no power of disallowance or surcharge, and their audit is therefore quite ineffective.Where a borough has not a separate court of quarter sessions, but has a separate commission of the peace, the justices of the county in which the borough is situate have a concurrent jurisdiction with the borough justices in all matters arisingJurisdiction of justices; quarter sessions.within the borough. Where, however, the borough has a court of quarter sessions, the county justices have no jurisdiction within the borough. In all cases, whether the borough has quarter sessions or a separate commission or not, the mayor, by virtue of his office, is a justice for the borough, and continues to be such justice during the year next after he ceases to be mayor. He takes precedence over all justices in and for the borough, and is entitled to take the chair at all meetings at which he is present by virtue of his office of mayor. A separate commission of the peace may be granted to a borough on the petition of the council. A borough justice is required to take the oaths of allegiance and the judicial oaths before acting; he must while acting reside in or within 7 m. of the borough, or occupy a house, warehouse or other property in the borough; but he need not be a burgess nor have the qualification by estate required of a county justice. Where the borough has a separate commission, the borough justices have power to appoint a clerk, who is now paid by salary, the fees and costs pertaining to his office being paid into the borough fund, out of which his salary is paid. The council may by petition obtain the appointment of a stipendiary magistrate for the borough. The crown may also on petition of the council grant a separate court of quarter sessions for the borough, and in that event a recorder has to be appointed by the crown. He must be a barrister of not less than five years’ standing, and he holds office during good behaviour; he receives a yearly salary. The recorder sits as sole judge of the court of quarter sessions of the borough. He has all the powers of a court of quarter sessions in a county, including the power to hear appeals from the borough justices; but to this there are a few exceptions, notably the power to grant licences for the sale of intoxicating liquor. The grant of a separate court of quarter sessions also involves the appointment by the council of a clerk of the peace for the borough. It should be added that the grant of a court of quarter sessions to any borough other than a county borough after the passing of the Local Government Act 1888, does not affect the powers, duties or liabilities of the county council as regards that borough, nor exempt the parishes in the borough from being assessed to county rate for any purposes to which such parishes were previously liable to be assessed.When a borough is a county of itself the council appoint a sheriff on the 9th of November in every year. And where the borough has a separate court of quarter sessions the council appointSheriff, coroner.a fit and proper person, not an alderman or councillor, to be the borough coroner, who holds office during good behaviour. If the borough has a civil court the recorder, if there is one, is judge of it. If there is no recorder, the judge of the court is an officer of the borough appointed under the charter.The provisions of the Municipal Corporations Act 1882 relate chiefly to the constitution of the municipal corporation. It does not itself confer many powers or impose many duties upon the council as a body. It does, however, enable aPower to acquire land.municipal corporation to acquire corporate land and buildings, the buildings including a town hall, council house, justices’ room, police stations and cells, sessions house, judges’ lodgings, polling stations and the like. The council may borrow money for the erection of such buildings; they may acquire and hold land in mortmain by virtue of their charter, or with the consent of the Local Government Board. Corporate land cannot be alienated without the consent of the same board. The council may convert corporate land, with the approval of the Local Government Board, into sites for workmen’s dwellings.Another duty imposed upon a borough council by the act of 1882 is the maintenance of bridges within the borough which are not repairable by the county in which the borough isBorough bridges.locally situate. It may here be mentioned that a city or borough which is a county of itself is liable at common law to repair all public bridges within its limits. In a borough which is not a county of itself the inhabitants are only liable to repair bridges within the borough by immemorial usage or custom.Of the other powers possessed by the council of a borough under the act of 1882, one of the most important is the power to make by-laws for the good rule and government of the borough, and for the prevention and suppression of nuisances notBy-laws.already punishable in summary manner by virtue of an act in force throughout the borough. It will be observed that these by-laws are of two classes. The former do not come into force until the expiration of forty days after a copy of them has been sent to the secretary of state, during which forty days the sovereign in council may disallow any by-law or part thereof. The latter require to be confirmed by the Local Government Board.Under the act of 1882 every municipal borough might have its own separate police force. As has already been stated when dealing with county councils, boroughs having a population of less than 10,000 according to the census of 1881 can no longer have aseparate police force. But for some time before that year it had become the rule not to grant to any new borough with a populationPolice.of less than 20,000 a separate police force. The subject of police is separately treated in theEncyclopaedia Britannica, and it is not necessary to supplement what is there stated. Under an act of 1893 the borough police may, in addition to their ordinary duties, be employed to discharge the duties of a fire brigade.

The qualification of a burgess has been incidentally mentioned in connexion with that of a county elector, and need not be further noticed. A borough councillor must be qualified in the same manner as a county councillor, and he is disqualified in the same way, with this addition, that a peer or ownership voter is not qualified as such, and that a person is disqualified for being a borough councillor if he is in holy orders or is the regular minister of a Dissenting congregation. Women, other than married women, are eligible. Borough councillors are elected for a term of three years, one-third of the whole number going out of office in each year, and if the borough is divided into wards, these are so arranged that the number of councillors for each ward shall be three or a multiple of three. The ordinary day of election is the 1st of November. At an election for the whole borough the returning officer is the mayor; at a ward election he is an alderman assigned for that purpose by the council. The nomination and election of candidates and the procedure at the election are the same as have already been described in the case of the election of county councillors. The law as to corrupt and illegal practices at the election is also similar, and the election may be questioned by petition in exactly the same way. A borough councillor must, within five days after notice of his election, make a declaration of acceptance of office under a penalty, in the case of an alderman or councillor of £50, and in the case of a mayor of £100, or such other sums as the council may by by-law determine. A councillor may be disqualified in the same way as a county councillor, by bankruptcy or composition with creditors, or continuous absence from the borough (except in case of illness). In short it may be said that as the provisions relating to the election of borough councillors were merely extended to county councillors by the Local Government Act of 1888 with a few modifications, these provisions, as already stated when dealing with county councils, apply generally to the election of borough councillors. After the annual election on the 1st of November the first quarterly meeting of the council is held on the 9th, and at that meeting the mayor and aldermen are elected. The election of the mayor and aldermen is again the same as has already been described in connexion with the election of the chairmanOfficers.and aldermen of a county council. The officers of a borough council are the town clerk and the treasurer, but the council have power to appoint such other officers as they think necessary. All these officers receive such remuneration as the council from time to time think fit, and hold office during pleasure. The provisions with respect to the transaction of the business of the council are also the same in the case of a borough as in that of a county council.

The entire income of the borough council is paid into the borough fund, and that fund is charged with certain payments, which are specifically set out in the 5th schedule to the act of 1882. These include the remuneration of the mayor, recorderFinance audit.and officers of the borough, overseers’ expenses, the expenses of the administration of justice in the borough, the payment of the borough coroner, police expenses and the like. An order of the council for the payment of money out of the borough fund must be signed by three members of the council and countersigned by the town clerk, and any such order may be removed into the king’s bench division of the High Court of Justice by writ ofcertiorariand may be wholly or partly disallowed or confirmed on the hearing. This is really the only way in which the validity of a payment by a borough council can be questioned, for, as will be seen hereafter, the audit in the borough is not an effective one. The borough fund is derived, in the first instance, from the property of the corporation. If the income from such property is insufficient for the purposes to which it is applicable, as usually is the case, it has to be supplemented by a borough rate, which may be a separate rate made by the council or may be levied through the overseers as part of the poor rate by means of a precept addressed to them. In the event of the borough fund being more than sufficient to meet the demands upon it without recourse to a borough rate, any surplus may be applied in payment of any expenses of the council as a sanitary authority or in improving the borough or any part thereof by drainage, enlargement of streets or otherwise. The borough treasurer is required to make up his accounts half-yearly, and to submit them, with the necessary vouchers and papers, to the borough auditors. These auditors are three in number—two of them elected annually by the burgesses. An elective auditor must be qualified to be a councillor, but may not be a member of the council. The third auditor is appointed by the mayor and is called the mayor’s auditor. The auditors so appointed are charged with the duty of auditing the accounts of the treasurer, but they have no power of disallowance or surcharge, and their audit is therefore quite ineffective.

Where a borough has not a separate court of quarter sessions, but has a separate commission of the peace, the justices of the county in which the borough is situate have a concurrent jurisdiction with the borough justices in all matters arisingJurisdiction of justices; quarter sessions.within the borough. Where, however, the borough has a court of quarter sessions, the county justices have no jurisdiction within the borough. In all cases, whether the borough has quarter sessions or a separate commission or not, the mayor, by virtue of his office, is a justice for the borough, and continues to be such justice during the year next after he ceases to be mayor. He takes precedence over all justices in and for the borough, and is entitled to take the chair at all meetings at which he is present by virtue of his office of mayor. A separate commission of the peace may be granted to a borough on the petition of the council. A borough justice is required to take the oaths of allegiance and the judicial oaths before acting; he must while acting reside in or within 7 m. of the borough, or occupy a house, warehouse or other property in the borough; but he need not be a burgess nor have the qualification by estate required of a county justice. Where the borough has a separate commission, the borough justices have power to appoint a clerk, who is now paid by salary, the fees and costs pertaining to his office being paid into the borough fund, out of which his salary is paid. The council may by petition obtain the appointment of a stipendiary magistrate for the borough. The crown may also on petition of the council grant a separate court of quarter sessions for the borough, and in that event a recorder has to be appointed by the crown. He must be a barrister of not less than five years’ standing, and he holds office during good behaviour; he receives a yearly salary. The recorder sits as sole judge of the court of quarter sessions of the borough. He has all the powers of a court of quarter sessions in a county, including the power to hear appeals from the borough justices; but to this there are a few exceptions, notably the power to grant licences for the sale of intoxicating liquor. The grant of a separate court of quarter sessions also involves the appointment by the council of a clerk of the peace for the borough. It should be added that the grant of a court of quarter sessions to any borough other than a county borough after the passing of the Local Government Act 1888, does not affect the powers, duties or liabilities of the county council as regards that borough, nor exempt the parishes in the borough from being assessed to county rate for any purposes to which such parishes were previously liable to be assessed.

When a borough is a county of itself the council appoint a sheriff on the 9th of November in every year. And where the borough has a separate court of quarter sessions the council appointSheriff, coroner.a fit and proper person, not an alderman or councillor, to be the borough coroner, who holds office during good behaviour. If the borough has a civil court the recorder, if there is one, is judge of it. If there is no recorder, the judge of the court is an officer of the borough appointed under the charter.

The provisions of the Municipal Corporations Act 1882 relate chiefly to the constitution of the municipal corporation. It does not itself confer many powers or impose many duties upon the council as a body. It does, however, enable aPower to acquire land.municipal corporation to acquire corporate land and buildings, the buildings including a town hall, council house, justices’ room, police stations and cells, sessions house, judges’ lodgings, polling stations and the like. The council may borrow money for the erection of such buildings; they may acquire and hold land in mortmain by virtue of their charter, or with the consent of the Local Government Board. Corporate land cannot be alienated without the consent of the same board. The council may convert corporate land, with the approval of the Local Government Board, into sites for workmen’s dwellings.

Another duty imposed upon a borough council by the act of 1882 is the maintenance of bridges within the borough which are not repairable by the county in which the borough isBorough bridges.locally situate. It may here be mentioned that a city or borough which is a county of itself is liable at common law to repair all public bridges within its limits. In a borough which is not a county of itself the inhabitants are only liable to repair bridges within the borough by immemorial usage or custom.

Of the other powers possessed by the council of a borough under the act of 1882, one of the most important is the power to make by-laws for the good rule and government of the borough, and for the prevention and suppression of nuisances notBy-laws.already punishable in summary manner by virtue of an act in force throughout the borough. It will be observed that these by-laws are of two classes. The former do not come into force until the expiration of forty days after a copy of them has been sent to the secretary of state, during which forty days the sovereign in council may disallow any by-law or part thereof. The latter require to be confirmed by the Local Government Board.

Under the act of 1882 every municipal borough might have its own separate police force. As has already been stated when dealing with county councils, boroughs having a population of less than 10,000 according to the census of 1881 can no longer have aseparate police force. But for some time before that year it had become the rule not to grant to any new borough with a populationPolice.of less than 20,000 a separate police force. The subject of police is separately treated in theEncyclopaedia Britannica, and it is not necessary to supplement what is there stated. Under an act of 1893 the borough police may, in addition to their ordinary duties, be employed to discharge the duties of a fire brigade.

The powers and duties of a borough council in the Municipal Corporations Act do not arise or exist to any great extent under that act. In a few cases, those namely of county boroughs, the councils have the powers of countyThe district and the district council.councils. In the quarter sessions boroughs other than county boroughs they have some only of these powers. But in every case the council of the borough have the powers and duties of an urban district council, and, except where they derive their authority from local acts, it may be said that their principal powers and duties consist of those which they exercise or perform as an urban council. These will now be considered.

Before the year 1848 there was not outside the municipal boroughs any system of district government in England. It is true that in some populous places which were not corporate boroughs local acts of parliament had been passed appointing improvement commissioners for the government of these places. In many boroughs similar acts had been obtained conferring various powers relating to sanitary matters, streets and highways and the like. But there was no general system, nor was there, save by special legislation, any means by which sanitary districts could be constituted. In the year 1848 the first Public Health Act was passed. It provided for the formation of local boards in boroughs and populous places, such places outside boroughs being termed local government districts. In boroughs the town council were generally appointed the local board for purposes of the act. It was not, however, until 1872 that a general system of sanitary districts was adopted. By the Public Health Act of that year the whole country was mapped out into urban and rural sanitary districts, and that system has been maintained until the present time, with some important changes introduced by the Public Health Acts 1875 to 1907, and the Local Government Act 1894.

The whole of England and Wales is divided into districts, which are either urban or rural. Urban districts include boroughs and places which were formerly under the jurisdiction of local boards or improvement commissioners. The power toConstitution of district councils.constitute new urban districts is now conferred upon county councils, as already stated. There is a concurrent power in the Local Government Board under the Public Health Act 1875, but that power is now rarely exercised, and new urban districts are in practice created only by orders of county councils made under the Local Government Act 1888, section 57. Rural districts were first created in 1872. Before that time there was practically no sanitary authority outside the urban district, for although the vestry of a parish had in some cases power to make sewers and had also some other sanitary powers, there was no authority for such a district as now corresponds to a rural district. There were, indeed, highway boards and burial boards which had powers for special purposes, but district authority in the sense in which it is now understood there was none. Before the year 1894 the rural district consisted of the area of the poor-law union, exclusive of any urban district which might be within it, and the guardians of the poor were the rural sanitary authority. Since 1894 this has been changed. By the Local Government Act of that year the guardians ceased to be the rural sanitary authority. The union was preserved as the rural sanitary district, with this qualification, that if it extended into more than one county it was divided so that no rural district should extend into more than one county. Rural district councillors are elected for each parish in the rural district, and they become by virtue of their office guardians of the poor for the union comprising the district, so that there is now no election of guardians in a rural district. Guardians are still elected as such for urban districts, but the rural district council have ceased to be the same body as the guardians and are now wholly distinct. A district councillor, whether urban or rural, holds office for a term of three years. One-third of the whole council retire in each year, the annual elections being held in March, but there may be a simultaneous retirement of the whole council in every third year if the county council at the instance of the district council so order. The qualification and disqualification of district councillors, whether urban or rural, now depend upon the Local Government Act 1894. Property qualification is abolished. Any person may be elected who is either a parochial elector of some parish within the district or has during the whole of the twelve months preceding his election resided in the district, and no person is disqualified by sex or marriage. The electors both in urban and rural districts are the body called the parochial electors. These are practically the persons whose names appear in the parliamentary register or in the local government register as being entitled to vote at elections for members of parliament or county or parish councillors as the case may be. The election takes place subject to rules made by the Local Government Board, these rules being largely founded upon adaptations of the Municipal Corporations Act 1882. The election is by ballot on the same lines as those prescribed for a municipal election, and the Corrupt Practices Act, the provisions of which have been referred to when dealing with county councils, applies to the elections of district councils. The provisions with reference to election petitions, the grounds upon which they may be presented and the procedure upon them, are the same in every respect as have already been mentioned when dealing with county councils. It may be convenient here to state that the LocalUnited districts.Government Board has power to unite any number of districts or parts of districts into what is called a united district for certain special purposes such as water-supply, sewerage or the like. This is done by means of a provisional order made by the board and confirmed by parliament. In such a united district the governing body is a joint board constituted in manner provided by the order, and it has under the order such of the powers of a district council as are necessary for the purposes for which the united district is created. Thus a joint sewerage board would generally be invested by the order with all the powers of a district council relating to the provision and control of sewers and the disposal of sewage. It may also be convenient here to mentionPort sanitary authority.another special kind of district authority, that is, a port sanitary authority. It is also constituted by order of the Local Government Board, and it may include one or more sanitary districts or parts of districts abutting upon a port. In this case also the authority consists of such members and is elected in such manner as the order determines, and it has such of the powers of an ordinary district council as the order may confer upon it. These relate for the most part to nuisances and infectious disease, having special reference to ships. It has been thought convenient to deal here with district councils, whether urban or rural, together, but the powers of the formerPowers of urban and rural councils compared.are much more extensive than those of the latter, and as the consideration of the subject proceeds it will be necessary to indicate what powers and duties are conferred or imposed upon urban district councils only. It must be pointed out, however, that when the necessity arises for conferring upon a rural district council any of the powers exercisable only by an urban district council, that can be done by means of an order of the Local Government Board. The necessity for this provision arises because it sometimes happens that in a district otherwise rural there are some centres of population, hardly large enough to be constituted urban districts, which nevertheless require the same control as an urban district.A district council may from time to time make regulations with respect to summoning, notice, place, management and adjournment of their meetings, and generally with respect to the transaction and management of their business. ThreeBusiness and offices.members must be present to constitute a quorum. At the annual meeting, which is held as soon as convenient after the 15th April in each year, a chairman for the succeeding year has to be appointed. He presides at all meetings, and in his absence another member appointed by the meeting takes his place. Questions are determined by the majority present and voting, the chairman having the casting vote. Minutes are taken and, if signed at the meeting or the next ensuing meeting, are made evidence. The officers of the council consist of a clerk, a medical officer, a surveyor, one or more inspectors of nuisances and a treasurer. Of these all but the medical officer of health and inspectors of nuisances hold office at pleasure and receive such remuneration as the council may determine. If the urban district is a borough, the town clerk and borough treasurer fulfil the same office for purposes of the Public Health Acts. The salaries of the medical officer of health and inspectors of nuisances are, as to one moiety thereof, paid out of “the exchequer contribution account” by the county council, if they are appointed in accordance with the requirements of the Local Government Board as to qualification, appointment, duties, salary and tenure of office. The orders of the Local Government Board as to these matters are set out in theStatutory Rules and Orders. District councils may also employ such other officers and servants as may be necessary and proper for the fulfilment of their duties. Officers and servants are prohibited from being concerned or interested in any bargain or contract made with their council, and from receiving under cover of their office or employment any fee or reward whatsoever other than their proper salaries, wages and allowances, under penalty of being rendered incapable of holding office under any district council, and of a pecuniary penalty of £50. There are some exceptions to this provision somewhat similar to those already mentioned with respect to the disqualification of members of the council. It may be mentioned here that by an act, called the Public Bodies’ Corrupt Practices Act 1889, severe penalties are imposed alike upon members and officers of public bodies for corruption in office.A district council may appoint committees consisting wholly or partly of members of their own body for the exercise of any powers which in their opinion can properly be exercised by such committees. Such committees do not, however,Committees.hold office beyond the next annual meeting of the council, and their acts must be submitted to the council for their approval. If they are appointed for any purposes of the Public Health or Highway Acts, the council may authorize them to institute any proceedings or do any act which the council might have instituted or done, other than the raising of any loan or the making of any rate or contract. A rural district council may delegate their entire powers in any parish to a parochial committee. Such committee may consist wholly of members of their own body or of members of the parish council, or partly of members of both. Such a committee may be subject to any regulations and restrictions imposed upon it by the rural district council.In dealing with the powers and duties of district councils it will be convenient to treat of these first as they arise under the Public Health Acts, and afterwards as they arise under other statutes. In so far as such powers and duties are commonPublic Health Acts.to urban and rural district councils alike they will be referred to as appertaining to district councils. When reference is made to any power or duty of an urban council it is to be understood that the rural council have no such power or duty unless conferred or imposed upon them by order of the Local Government Board. And it must be borne in mind that in a borough the borough council is the urban district council.The district council are required to cause to be made such sewers as may be necessary for effectually draining their district. This duty may be enforced by the Local Government Board on complaint made to them that the council have failed inSewerage and drainage.performing it, and in the case of a rural district by the county council on complaint of the parish council. All sewers, whether made by the council, by their predecessors, or by private persons, vest in the district council, that is to say, become their property, with some exceptions, of which the principal is sewers made by a person for his own profit. The owner or occupier of any premises is entitled as of right to cause his drain to be connected with any sewer, on condition only of his giving notice and complying with the regulations of the council as to the mode in which the communication is to be made, and subject to the control of any person appointed by the council to superintend the work. Moreover, the owner or occupier of premises without the district has the same right, subject only to such terms and conditions as may be agreed or, in ease of dispute, settled by justices or by arbitration. If a house does not possess a sufficient drain, the occupier may be required to provide one, and to cause it to discharge into a sewer if there is one within 100 ft. of the house, otherwise into a cesspool, as the council may direct. In the case of new houses, these may not be built or occupied in an urban district without their being first provided with sufficient drains as the council may require; and in an urban district it is forbidden to cause any building to be newly erected over a sewer without the consent of the council. For the purpose of sewage disposal a district council may construct any works and contract for the use or purchase or lease of any land, buildings, engines, materials or apparatus, and contract to supply for a period not exceeding twenty-five years any person with sewage. It may be pointed out here that these expressions are defined by the act, the effect of the definitions being shortly that a drain is a conduit for the drainage of one building or of several within the same curtilage, while a sewer comprises every kind of drain except that which is covered by the definition of a drain as above stated. The result has been that district councils frequently find themselves in the position of being responsible for the repair and condition of drains which, by reason of having been laid for more than one house, are sewers vested in and repairable by them. An attempt was made to remedy this state of things by the Public Health Amendment Act 1890, section 19, but the remedy so provided was very partial, and may be said to be confined to the case where two or more houses belonging to different owners are drained into a common drain laid under private land, and ultimately discharging into a sewer in a road or street.The district council are charged with the duty of enforcing the provision of proper sanitary accommodation (water-closets, privies, ashpits, &c.) for all dwelling-houses, new or old, and for factories, and the maintenance of such conveniencesSanitary accommodation for houses.in proper condition. The urban council have power to provide and maintain and make provision for the regulation of urinals, water-closets, earth-closets, privies, ashpits and other similar conveniences for public accommodation. In the event of a complaint being made to a district council that any drain, closet, privy, ashpit or cesspool is a nuisance or injurious to health, the council may empower their surveyor to enter and examine the premises, and, if the complaint is well founded, they may require the owner to do the necessary works. The district council are notRemoval of refuse.bound to undertake the removal of house refuse from premises, or the cleansing of closets, privies, ashpits and cesspools. They may, however, undertake these duties, and, if the Local Government Board require, they must do so. An urban council and a rural council, if invested with the requisite power by the Local Government Board, may, and when required by order of that board must, provide for the proper cleansing of streets, and may also provide for the proper watering of streets. When they have undertaken, or are required to perform these duties, a penalty is imposed upon them for neglect. If they do not undertake these duties, they may make by-laws imposing on the occupiers of premises the duty of cleansing footways and pavements, the removal of house refuse, and the cleansing of earth-closets, privies, ashpits and cesspools; and an urban council may also make by-laws for the prevention of nuisances arising from snow, filth, dust, ashes and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health. The keeping of swine in a dwelling-house, or so as to be a nuisance, is made an offence punishable by a penalty in an urban district, as also is the suffering of any waste or stagnant water to remain in any cellar, or within any dwelling-house after notice, and the allowing of the contents of any closet, privy or cesspool to overflow or soak therefrom. Provision is also made for enforcing the removal of accumulations of manure, dung, soil or filth from any premises in an urban district, and for the periodical removal of manure or other refuse from mews, stables or other premises.With regard to water-supply, district councils have extensive powers. They may provide their district or any part of it with a supply of water proper and sufficient for public and private purposes, and for this purpose they may constructWater-supply.and maintain waterworks, dig wells, take on lease or hire any waterworks, purchase waterworks or water, or right to take or convey water either within or without their district, and any rights, powers and privileges of any water company, and contract with any person for the supply of water. They may not, however, commence to construct waterworks within the limits of supply of any water company empowered by act of parliament or provisional order to supply water without giving notice to the company, and not even then so long as the company are able and willing to supply the necessary water. Any dispute as to whether the company are able and willing has to be settled by arbitration. Where the council do supply water, they have the same powers of carrying mains under streets or through private lands as they have with respect to the laying of sewers, as already mentioned. They can charge water rents which depend upon agreements with consumers, or they may charge water rates assessed on the net annual value of the premises supplied. It is to be observed that they are not bound to charge for a supply of water at all, unless they are required to do so in an urban district by at least ten persons, rated to the poor rate, or in a parish in a rural district by at least five persons so rated in the parish. Even then the amount of the rate is left to the council, any deficiency in the cost of the water, in so far as it is not defrayed out of water rates or rents, being borne in an urban district by the general district rate, and in a rural district by the separate sanitary rates made for the parish or contributory place supplied. For the purpose of enabling them to supply water, most of the provisions of the Waterworks Clauses Acts are incorporated with the Public Health Act, and are made available for the district council. They are empowered to supply water by measure if they think fit, and may charge a rent for water-meters. The power of the district council to supply water is strictly limited to their own district, but they may, with the sanction of the Local Government Board, supply water to the council of an adjoining district on such terms as may be agreed upon, or as, in case of dispute, may be settled by arbitration. If any house is without a sufficient supply, and it appears that a supply can be furnished at a reasonable cost, as defined in the Public Health Act and the Public Health Water Act 1878, the owner may be required to provide the supply, and, if he fails, the council may themselves provide the supply and charge the owner with the cost. All public sources of water-supply such as streams, pumps, wells, reservoirs, conduits, aqueducts and works used for the gratuitous supply of water to the inhabitants of the district are vested in the council, who may cause all such works to be maintained and plentifully supplied with pure and wholesome water for the gratuitous use of the inhabitants, but not for sale by them. The council may supply water to public baths or wash-houses, or for trade or manufacturing purposes. In the case of the former the supply may be gratuitous. In the latter case it is to be on terms agreed between the parties. The urban council are required to cause fire-plugs, and all necessary works, machinery and assistance for securing a supply of water in case of fire, to be provided and maintained, and for this purpose they may enter into an agreement with any water company or person. Provision is made for preventing the pollution of water by gas refuse and enabling a district council, with the sanction of the attorney-general, to take any proceedings they may think fit for preventing the pollution of any stream in their district by sewage. The district council are also empowered to obtain an order of justices directing the closing of any well, tank or cistern, public or private, or any public pump the water from which is likely to be used for drinking or domestic purposes, or for manufacturing drinks for the use of man, if such water is found to be so polluted as to be injurious to health.Power is given to prohibit the use as dwellings of any cellars, vaults or underground rooms built or occupied after 1875, and with regard to such cellars as were occupied as dwellings before 1875,the continued occupation of these is also forbidden unless theyCellar dwellings.comply with certain stringent requirements as to the height of the rooms, height of the ceilings above the surface of the street, open areas in front, effectual drainage, sanitary conveniences appurtenant to the cellars, and the provision of fireplaces.District councils are required to keep a register of the common lodging-houses in their district. No person is allowed to keep a common lodging-house unless he is registered, and a house may not be registered until it has been inspectedCommon lodging-houses.and approved for the purpose by an officer of the council. Further, the council may refuse to register a keeper unless they are satisfied of his character and of his fitness for the position. The council are empowered to make by-laws for fixing the number of lodgers and separating the sexes therein, promoting cleanliness and ventilation, giving of notices and taking precautions in case of any infectious disease, and generally for the well-ordering of such houses. The keepers of common lodging-houses are required to limewash their walls and ceilings in the months of April and October in every year, and if paupers or vagrants are received to lodge, they may be required to report as to the persons who have resorted thereto. They must give notice of any infectious disease to the medical officer of health and to the poor-law relieving officer, and they must give free access for inspection. There is no definition of the expression “common lodging-house” in the Public Health Acts, and at one time the courts decided that shelters for the destitute kept by charitable persons were not common lodging-houses. That idea is now exploded, and the acts apply to charitable institutions which receive persons of the class ordinarily received into common lodging-houses.By-laws may also be made relating to houses let in lodgings which are not common lodging-houses. These by-lawsHouses let in lodgings.are in practice limited to those inhabited by the poorer classes, although the act imposes no such restriction.The Public Health Acts 1875 to 1907 contain elaborate provisions for dealing with nuisances. Those which are dealt with summarily are thus enumerated:—(1) any premises in such a state as to be a nuisance or injurious to health; (2) any pool,Nuisances.ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so foul or in such a state as to be injurious to health; (3) any animal so kept as to be a nuisance or injurious to health; (4) any accumulation or deposit which is a nuisance or injurious to health; (5) any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family; (6) any factory, workshop or workplace not already under the operation of any general act for the regulation of factories or bakehouses not kept in a cleanly state or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein; (7) any fireplace or furnace which does not as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam or in any mill, factory, dye-house, brewery, bakehouse or gas work, or in any manufacturing or trade process whatsoever; and (8) any chimney not being the chimney of a private dwelling-house sending forth black smoke in such quantity as to be a nuisance. The nuisances above enumerated are said to be nuisances liable to be dealt with summarily. It is the duty of every district council to inspect their district with a view to the discovery of any such nuisances. In the event of such discovery by them or of information given to them of the existence of any such nuisance, the district council are required to serve a notice requiring the abatement of the nuisance on the person by whose act, default or sufferance it arises or continues, or if such person cannot be found, on the owner or occupier of the premises at which the nuisance arises. The notice must require the abatement of the nuisance within a specified time, and must prescribe the works which in the opinion of the council are necessary to be done. If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner. If the person who causes the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the local authority may themselves abate the nuisance without further order. If the person on whom the notice is served objects to give effect to it, he may be summoned before justices, and the justices may make an order upon him to abate the nuisance, or prohibiting the recurrence of the nuisance if this is likely, and directing the execution of the necessary works. If the nuisance is such as to render a dwelling-house unfit for human habitation, the justices may close it until it is rendered fit for that purpose. Disobedience under the order of justices involves a penalty and a daily penalty for every day during which default continues. Private persons may complain to justices in respect of nuisances by which they are personally aggrieved, and if the district council make default in doing their duty, the Local Government Board may authorize any officer of police to institute any necessary proceedings at the cost of the defaulting council. The district council may, if in their opinion proceedings before justices afford an inadequate remedy, take proceedings in the high court, but in that case, if the nuisance is of a public nature, they must proceed by action in the name of the attorney-general. The provisions as to nuisances are extended to ships by an act of 1885.It is forbidden to establish within an urban district without the consent of the council any offensive trade, business or manufacture. With regard to any offensive trade which has been established or may be consented to in any urban district, if it is verified by the medical officer or any two legally qualified medical practitioners, or by any ten inhabitants of the district, to be a nuisance or injurious to health, the urban district council are required to take proceedings before magistrates with a view to the abatement of the nuisance complained of.Any medical officer or inspector of nuisances may inspect any meat, &c., exposed for sale or deposited in any place for the purpose of sale or of preparation for sale and intended for the food of man. This power of inspection is, in districtsUnsound meat.where the Public Health Act 1890 has been adopted, extended to all articles intended for the food of man. If upon such inspection the meat, &c., appears to be diseased, unsound or unwholesome, it may be taken before a justice for the purpose of being condemned, and the person to whom the meat, &c., belongs or in whose possession it was found is liable to a penalty or, in the discretion of the justices, to imprisonment for three months without the option of a fine.The Public Health Acts contain important provisions relating to infectious disease. Any person who knows he is suffering from an infectious disease must not carry on any trade or business unless he can do so without risk of spreading the disease.Infectious diseases.Local authorities may require premises to be cleansed and disinfected; they may order the destruction of bedding, clothing or other articles which have been exposed to infection; they may provide proper places for the disinfection of infected articles free of charge; they may provide ambulances, &c. In the case of a person found suffering from infectious disease who has not proper lodging or accommodation, or is lodging in a room occupied by more than one family, or is on board any ship or vessel, such person may by means of a justice’s order be removed to a hospital; a local authority may pay the expenses of a person in a hospital or, if necessary, provide nursing attendance; any person exposing himself or any other in his charge while suffering from infectious disease, or exposing infected bedding, clothing or the like, is made liable to a penalty. Owners and drivers of public conveyances must not knowingly convey any person suffering from infectious disease, and if any person suffering from such a disease is conveyed in any public vehicle the owner or driver as soon as it comes to his knowledge must give notice to the medical officer. It is also forbidden to let houses or rooms in which infected persons have been lodging, or to make false statements to persons negotiating for the hire of such rooms. An act was passed in the year 1890, called the Infectious Diseases Prevention Act. When adopted it enabled an urban or district council to obtain the inspection of dairies where these were suspected to be the cause of infectious disease, with a view to prohibiting the supply of milk from such dairies if the fact were established. The act of 1907 extended the provisions of the act of 1890. It enables a local authority to require dairymen to furnish a complete list of sources of supply if the medical officer certifies that any person is suffering from infectious disease which he has reason to suspect is attributable to milk supplied within his district. It also compels dairymen to notify infectious diseases existing among their servants. The act of 1890 also forbids the keeping for more than forty-eight hours of the body of a person who has died of infectious disease in a room used at the time as a dwelling-place, sleeping-place or workshop. It provides for the bodies of persons dying of infectious diseases in a hospital being removed only for burial, and gives power to justices in certain cases to order bodies to be buried. The diseases to which the act applies are smallpox, cholera, membranous croup, erysipelas, scarlatina or scarlet fever, typhus, typhoid, enteric, relapsing, continued or puerperal fever, and any other infectious disease to which the act has been applied by the local authority of the district in the prescribed manner. The most important provision, however, relating to infectious disease is that contained in the Infectious Disease Notification Act 1889. That was originally an adoptive act, but it is now extended to all districts in England and Wales. It requires the notification to the medical officer of health of the district of every case in which a person is suffering from one of the diseases above mentioned. The duty of notification is imposed upon the head of the family, and also upon the medical practitioner who may be in attendance on the patient. The medical attendant is entitled to receive in respect of each notification a fee of 2s. 6d. if the case occurs in his private practice, and of 1s. if the case occurs in his practice as medical officer of any public body or institution. These fees are paid by the urban or rural district council as the case may be. The provisions as to notification are applied to every ship, vessel, boat, tent, van, shed or similar structure used for human habitation in like manner as nearly as may be as if it were a building. Exception is made, however, in the case of a ship, vessel or boat belonging to a foreign government. It is not too much to say that this act has been one of the most effectualmeans of preventing the spread of infectious disease in modern times.The district council are empowered to provide hospitals or temporary places for the reception of the sick. They may build them, contract for the use of them, agree for the reception of the sick inhabitants of their district into an existingHospitals.hospital, or combine with any other district council in providing a common hospital. As has already been mentioned when dealing with county councils, if a district council make default in providing hospital accommodation, the county council may put in operation the Isolation Hospitals Act. The power given to provide hospitals must be exercised so as not to create a nuisance, and much litigation has taken place in respect of the providing of hospitals for smallpox. Up to the present time, however, the courts have refused to accept as a principle that a smallpox hospital is necessarily a source of danger to the neighbourhood, and for the most part applications for injunction on that ground have failed.Where any part of the country appears to be threatened with or is affected by any formidable epidemic, endemic or infectious disease, the Local Government Board may make regulations for the speedy interment of the dead, house-to-houseEpidemics.visitation, the provision of medical aid and accommodation, the promotion of cleansing, ventilation and disinfection, and the guarding against the spread of disease. Such regulations are made and enforced by the district councils. The provisions of the Public Health Acts relating to infectious disease are for the most part extended to ships by an act of the year 1885.District councils may, and if required by the Local Government Board, must provide mortuaries, and they may make by-laws with respect to the management and charges for the use of the same. Where the body of a person who has died of anMortuaries.infectious disease is retained in a room where persons live or sleep, or the retention of any dead body may endanger health, any justice on the certificate of a medical practitioner may order the removal of a body to a mortuary and direct the body to be buried within a time limited by the friends of the deceased or in their default by the relieving officer. A district council may also provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the reception of dead bodies during the time required to conduct anypost mortemexamination ordered by a coroner.Under an act of 1879 the district council have power to provide and maintain a cemetery either within or without their district, and they may purchase or accept a donation of land for that purpose. The provisions of the CemeteriesCemeteries.Clauses Act 1847 apply to a cemetery thus provided. These cannot all be referred to here, but it may be noted that no part of the cemetery need be consecrated, but that if any part is, such part is to be defined by suitable marks, and a chapel in connexion with the Established Church must be erected in it. A chaplain must also be appointed to officiate at burials in the consecrated portion. The power to provide a cemetery under the act under consideration must not be confounded with that of providing a burial ground under the Burial Acts. These acts will be mentioned later in connexion with the powers of parish councils, for in general they are adopted for a parish, part of a parish or combination of parishes, and are administered by a burial board, except where that body has been superseded by a parish council or joint committee. It may be mentioned, however, that under the Local Government Act 1894, where a burial board district is wholly in an urban district, the urban council may resolve that the powers, duties and liabilities of the burial board shall be transferred to the council, and thereupon the burial board may cease to exist. And it is provided by the same act that the Burial Acts shall not hereafter be adopted in any urban parish without the approval of the urban council. The distinction between a burial ground provided under the Burial Acts and a cemetery provided under the act of 1879 is important in many ways, of which one only need be mentioned here—the expenses under the Burial Acts are paid out of the poor rate, while the expenses under the act of 1879 are paid in an urban district out of the general district rate, the incidence of which differs materially from that of the poor rate, as will be seen hereafter.In an urban district the urban council have always had all the powers and duties of a surveyor of highways under the Highway Acts. But before 1894 a rural district council had no power or duty in respect of highways except in a fewHighways.cases where, by virtue of a provision in the Highway Act 1878, the rural sanitary authority of a district coincident in area with a highway district were empowered to exercise all the powers of a a highway board. Except in these cases the highway authority in a parish was the surveyor of highways, elected annually by the inhabitants in vestry, or in a highway district consisting of a number of parishes united by order of quarter sessions, the highway board composed of waywardens representing the several parishes. By the Local Government Act 1894, there were transferred to the district council of every rural district all the powers, duties and liabilities of every highway authority, surveyor or highway board within their district, and the former highway authorities ceased to exist. The highway authority in every district, rural as well as urban, is therefore the district council. Of the chief duties of a district council with regard to highways, the first and most obvious is the duty to repair. This duty was formerly enforceable by indictment of the inhabitants of the parish, but it is not quite clear whether this procedure is applicable, now that the liability to repair is transferred to a council representing a wider area. Under the Highway Acts it is enforceable by summary proceedings before justices and by orders of the county council, but in either case, if the liability to repair is disputed, that question has to be decided on indictment preferred against the highway authority alleged to be in default. In a rural district any parish council may complain to the county council that the district council have made default in keeping any highway in repair, and the county council may thereupon transfer to themselves and execute the powers of the district council at the cost of the latter body, or they may make an order requiring the district council to perform their duty, or they may appoint some person to do so at the cost of the district council. It is important to observe, however, that an action does not lie against a district council in respect of the failure to repair a highway even at the suit of a person who has thereby been injured. The reason assigned for this doctrine is that the council as highway surveyor stand in the same position as the inhabitants of the parish, against whom such an action would not lie. The district council are, however, liable for any injury caused through negligence on the part of their officers or servants in carrying out the work of repair.But while rural as well as urban district councils have the powers and duties of surveyors of highways, the provisions of the Public Health Acts relating to streets apply only in urban districts, except in so far as the Local GovernmentStreets.Board may by order have conferred urban powers upon a rural district council. These provisions have now to be referred to. It may be convenient to state that the expression “street” is here used in a sense much wider than its ordinary meaning. It is defined by the act to include any highway and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not. For certain purposes streets as thus defined are divided into two classes, viz. those which are and those which are not highways repairable by the inhabitants at large. But it has to be borne in mind that it is not every highway that is repairable by the inhabitants at large. Before the year 1836 as soon as a way was dedicated to public use and the public had by user signified their acceptance of it, it became without more notice repairable by the parish. Therefore every highway—whether carriage-way, driftway, bridleway or footway—which can be shown to have been in use before 1836, is presumably repairable by the inhabitants at large, the only exceptions being such highways as are repairable by private persons or corporate bodiesratione clausurae,ratione tenurae, or by prescription. But in the year 1836, when the Highway Act 1835 came into operation, the law was altered. It was possible, just as formerly, to dedicate a way to the use of the public, and it thereupon became a highway to all intents and purposes. But mere dedication did not make the way repairable by the public. That result was not to follow unless certain stringent requirements were fulfilled. When it is shown, therefore, that a highway has been dedicated after 1836, it is not repairable by the inhabitants at large unless it can be shown that these provisions have been complied with, or that it has been declared to be repairable under provisions of the Public Health Acts presently to be mentioned. (There was also power given to justices, by the Highway Act 1862, to declare a private road or occupation road in a highway district to be a public highway repairable by the parish; but this power does not appear to have been acted upon to any extent.)All streets being highways repairable by the inhabitants at large within an urban district, are vested in and under the control of the urban council. After much litigation it has now been established that this provision does not give the council an absolute property in the soil of the street, but merely such a qualified property in the surfaces as enables them to exercise control. The urban council are required from time to time to cause all such streets to be made up and repaired as occasion may require, and they are empowered to raise, lower or alter the soil of the street, and to place and keep in repair fences and posts for the safety of foot-passengers. The other class of streets consists of those which are not highways repairable by the inhabitants at large. Under the Public Health Act 1875 such streets may be dealt with in manner following:—If any such street or part thereof is not sewered, levelled, paved, metalled, flagged, channelled, made good or lighted to the satisfaction of the council, the council may cause it to be made up at the expense of the owners of premises fronting the street in proportion to their several frontages. When all or any of the works aforesaid have been executed in the street, and the council are of opinion that the street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in the street declare it to be a highway repairable by the inhabitants at large, and the declaration will be effective unless, within one month after the notice has been put up, the majority of the owners in the street object thereto. An alternative procedure has been provided by the Private Street Works Act, which may be adopted by any urban council. One important point of difference is that under the latter act the council may resolve that the expenses shall be apportioned among the owners not merely according to frontage,but according to the greater or less degree of benefit to be derived by any premises from the works.Where a house or building in a street is taken down to be rebuilt, the urban district council may prescribe the line to which it is to be rebuilt, paying compensation to the building owner for any damage which he may sustain consequent upon the requirement. Save to this extent, no power is given by the general law to a district council to prescribe a building line. But under an act of 1888 it is provided that it shall not be lawful in any urban district without the consent of the urban authority to erect or bring forward any house or building in any street or any part of such house or building beyond the front main wall of the house or building on either side thereof in the same street.The control exercised by an urban district council over streets and buildings is to a very large extent exercised through by-laws which they are empowered to make for various purposes relating to the laying out and formation of new streets, the erection and construction of new buildings, the provision of sufficient air-space about buildings to secure a free circulation of air, and the provision of suitable and sufficient sanitary conveniences. The manner in which such by-laws are made and confirmed will be hereafter noticed. In general, the by-laws require plans of new streets to be submitted to the council, and they are required to approve or disapprove of these plans within a month. They cannot disapprove of a plan unless it contravenes the provisions of some statute or by-law; but if a person builds otherwise than according to an approved plan he does so at the risk of having his work pulled down or destroyed. Among the miscellaneous powers of an urban council with respect to streets may be mentioned the power to widen or improve, and certain powers incorporated from the Towns Improvement Clauses Act 1847, with respect to naming streets, numbering houses, improving the line of streets, removing obstructions, providing protection in respect of ruinous or dangerous buildings, and requiring precautions to be taken during the construction and repair of sewers, streets and houses. An urban council may also provide for the lighting of any street in their district, and may contract with any person or company for that purpose. If there is no company having statutory powers of supply within their district, they may themselves undertake the supply of gas, and they may purchase the undertaking of any gas company within their district.An urban council may acquire and maintain lands for the purpose of being used as public walks or pleasure-grounds, and may support or contribute to the support of such walks or grounds if provided by any other person. They may also contributePublic parks.to the cost of laying out, planting or improvement of lands provided for this purpose by any person, in their own district or outside that district, if it appears that the walks or grounds could eventually be used by the inhabitants of that district. An urban council may also provide public clocks or pay for the reasonable cost of repairing and maintaining any public clocks in the district, though not vested in them.Where an urban council are the council of a borough, and in other cases with the consent of the owners and ratepayers of the district, they may provide market accommodation for their district. They may not, however, establish anyMarkets and slaughter-houses.market so as to interfere with any market already established in the district under a franchise or charter. For purposes of markets certain provisions of the Markets and Fairs Clauses Act 1847 are incorporated with the Public Health Act. The only one of these that need be noticed is that which provides that after the market is opened for public use every person, other than a licensed hawker, who shall sell or expose for sale in any place within the district, except in his own dwelling-place or shop, any articles in respect of which tolls are authorized to be taken shall be liable to a penalty. The tolls which may be taken by an urban council must be approved by the Local Government Board; and any by-laws which they make for the regulation of the market must be confirmed by the same body. An urban council may also provide slaughter-houses and make by-laws with respect to the management and charges for the use of them. Where they do not provide slaughter-houses, all previously existing slaughter-houses have to be registered and new ones licensed; and no person may lawfully use a slaughter-house which is not either registered or licensed. Licences may be suspended by justices in the event of their being used contrary to the provisions of the act or of the by-laws, and on a second conviction the licence may be revoked. On a conviction of selling or exposing for sale, or having in his possession or on his premises unsound meat, the court may also revoke the licence.Certain police regulations contained in the Town Police Clauses Act 1847 are by virtue of the Public Health Act 1875 in force in all urban districts. These relate to obstructions and nuisances in streets, fires, places of public resort,Hackney carriages, &c.hackney carriages and public bathing. An urban council may also license proprietors, drivers and conductors of horses, ponies, mules or asses standing for hiring in the district in the same way as in the case of hackney carriages, and they may also license pleasure boats and vessels, and the boatmen or persons in charge thereof, and they may make by-laws for all these purposes.Every district council may enter into such contracts as are necessary for carrying into execution the various purposes of the Public Health Acts. A district council being a corporation, the general law applies in the case of a rural councilContracts, purchase of lands.that they must contract under their common seal, the exception to this rule including the doing of acts very frequently recurring or too insignificant to be worth the trouble of affixing the common seal. In the case of an urban council certain stringent regulations are laid down. A contract made by an urban council, whereof the value and amount exceed £50, must be under seal, and certain other formalities must be observed, some of which are imperative; for example, the taking of sureties from the contractor, and the making provision for penalties to be paid by him in case the terms of the contract are not observed. Every local authority may also, for purposes of the act, purchase or take on lease, sell or exchange, any lands. Such lands as are not required for the purpose for which they were purchased must, unless the Local Government Board otherwise direct, be sold. Powers of compulsory purchase of lands are also given under the Lands Clauses Acts, but before these can be put in operation certain conditions must be observed. The Local Government Board must make inquiry into the propriety of allowing the lands to be taken, and the power to acquire the lands compulsorily can only be conferred by means of a provisional order confirmed by parliament.With regard to the by-laws which district councils may make for many purposes, the subjects of which have been already from time to time mentioned, it is only necessary to state that these require to be confirmed by the Local GovernmentBy-laws.Board. Such confirmation does not, however, give validity to a by-law which cannot be justified by the provisions of the act, and many by-laws which have been so confirmed have been held to be invalid under the general law as being uncertain, unreasonable or repugnant to the law of the realm. For the guidance of local authorities, the Local Government Board have from time to time issued model series of by-laws dealing with the various subjects for which by-laws may be made, and these are for the most part followed throughout England and Wales.As a general rule, all the expenses of carrying into execution the Public Health Acts in an urban district fall upon a fund which is called the general district fund, and that fund is provided by means of a rate called the general district rate. ToFinance.this there are some exceptions. First, in the case of boroughs where from the time of the first adoption of the Sanitary Acts these expenses have been paid out of the borough rate, the expenses continue to be so paid; and in an urban district which was formerly subject to an Improvement Act, the expenses may be payable out of the improvement rate authorized by that act. The general rule, however, prevails over by far the greater part of England and Wales. The general district rate is made and levied on the occupiers of all kinds of property for the time being assessable to any rate for the relief of the poor, subject to a few exceptions and conditions. Of these the first is that the owner may be rated instead of the occupier, at the option of the urban authority, where the value of the premises is under £10, where the premises are let to weekly or monthly tenants, or where the premises are let in separate apartments, or the rents become payable or are collected at any shorter period than quarterly. When the owner is rated he must be assessed upon a certain proportion only of the net annual value of the premises. The owners or occupiers of certain specified properties are assessed in respect of the same in the proportion of one-fourth part only of the net annual value thereof. These properties include tithes, tithe commutation rent charge, land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, orchards, allotments, any land covered with water such as the reservoir of a waterworks company, or used only as a canal or towing-path of the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance. The reason for these partial exemptions apparently is that sanitary arrangements are made chiefly for the benefit of houses and buildings, while the properties just enumerated do not receive the same amount of benefit. The only other point to be noticed in this connexion is that an urban council may divide their district into parts for all or any of the purposes of the act, rating each part separately for those purposes. The expenses of highways in an urban district fall as a rule upon the general district rate, but under certain conditions, which need not be here set out, a separate highway rate may have to be levied. The urban council have extensive powers of amending the rate, and the rate is collected in such manner as the urban authority may appoint.The expenses of a rural district council are of two kinds. Of these the first is called general expenses, and it includes the expense of the establishment and officers of the council, of disinfection, providing of conveyance for infected persons, and the expenses of highways. These expenses are payable out of a common fund which is raised out of the poor rate of the several parishes in the district, according to the rateable value of each. Special expenses include the expenses of the construction and maintenance and cleansing of sewers, providing water-supply, and all other expenses incurred or payable in respect of a parish or contributory place within the district determined by order of the Local GovernmentBoard to be special expenses. The expression “contributory place” means a place other than a parish chargeable with special expenses. For the most part it has reference only to what is called a special drainage district, that is to say, a district formed out of one or more parishes or parts of parishes for the purpose of the provision of a common water-supply, or scheme of sewerage, or the like, and in the event of such a district including part only of a parish, the remaining portion would, so far as the special expenses for which the district was created are concerned, be a separate contributory place. These special expenses are chargeable to each parish or contributory place, and they are defrayed by means of special sanitary rates, such rates being raised on all property assessed to the relief of the poor, but with the same exemptions of certain properties as have been mentioned under the head of general district rate in urban districts.District councils are empowered to borrow with the sanction of the Local Government Board, subject to certain restrictions and regulations. The money must be borrowed for permanent works, the expenses of which ought in the opinion of theBorrowing powers.Local Government Board to be spread over a term of years which must not exceed sixty. The sums borrowed must not exceed, with the outstanding loans, the amount of the assessable value for two years of the district for which the money is borrowed; and if the sum borrowed would, with the outstanding loans, exceed the assessable value for one year, the sanction of the Local Government Board may not be given except after local inquiry. The money may be repaid by equal instalments of principal, or of principal and interest, or by means of a sinking fund.Where the urban council are the council of a borough, their accounts as urban council are made up and audited in the same ineffective manner as has already been mentioned in the case of the accounts of the council under the MunicipalAudit.Corporations Act, but each of the borough auditors receives remuneration for auditing the accounts of the council as urban district council. Where the urban council are not the council of a borough, the accounts are made up annually, and audited by the district auditor in the same effective manner as has already been mentioned in the case of the accounts of a county council. The accounts of a rural district council are made up half-yearly and are audited in the same way.The Public Authorities Protection Act 1893 was passed to repeal the numerous provisions contained in many acts of parliament, whereby, before legal proceedings could be taken against a public body, notice of action had to be given and theProceedings against district councils.proceedings commenced within a certain limited time. The act applies to all public authorities, including, of course, district councils, and it provides in effect that where any action or legal proceeding is taken against a council for any act done in pursuance or execution, or intended execution, of an act of parliament, or of any public duty or authority, the action must be commenced within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within six months next after the ceasing thereof. And it provides further that, in the event of the judgment of the court being given in favour of the council, the council shall be entitled to recover their costs taxed as between solicitor and client. Notice of action is abolished in every case.Among other acts which are either incorporated with the Public Health Acts or have been passed subsequently to them, one of the most important is the Housing of the Working Classes Act 1890. It contains three distinct parts. Under the first anHousing of the working classes.urban district council may, by means of a scheme, acquire, rearrange and reconstruct an area which has been proved to be insanitary. The scheme has to be confirmed by the Local Government Board, and carried out by means of a provisional order. The second part of the act deals with unhealthy dwelling-houses, and requires the urban district council to take steps for the closing of any dwelling-houses within their district which are unfit for human habitation. The third part of the act deals with what is called in the act working-class lodging-houses. But the expression is a little misleading, for it includes separate houses or cottages for the working classes, whether containing one or several tenements, and the expression “cottage” may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed £3. This part of the act may be adopted by a rural district council, but an urban district council can carry it into execution without formal adoption. Land may be acquired for erecting lodging-houses as above defined, and these, when erected, may be managed and let by the council.The urban district council may adopt the provisions of the Baths and Washhouses Acts, and thereunder provide publicBaths and wash-houses.baths, wash-houses, open bathing-places, covered swimming baths, which they may close in the winter months and use as gymnasia.Under the Tramways Act 1870 the urban district council may obtain from the Board of Trade a provisional order authorizing the construction of tramways in their district by themselves. Any private persons, and any corporation or companyTramways.may, with the consent of the council, obtain the like authority, but the Board of Trade have power in certain cases to dispense with the consent of the local authority. Where the order is obtained by a person or body other than the district council, the council may purchase the undertaking at the end of twenty-one years after the tramways have been constructed or at the expiration of every subsequent period of seven years, and the terms of purchase are that the person or company must sell the undertaking upon payment of the then value, exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever of the tramway, and all lands, buildings, works, materials and plant suitable to and used for the purposes of the undertaking. It should be observed, however, that although the local authority may themselves construct, and may acquire from the original promoters a system of tramways, they may not themselves work them without special authority of the legislature, and must in general let the working of the undertaking to some person or company.Under the Borough Funds Act 1872 the urban district council may, if in their judgment it is expedient, promote or oppose any local and personal bill or bills in parliament, or may prosecute or defend any legal proceedings necessary forBills in Parliament and legal proceedings.the promotion or protection of the interests of the district, and may charge the costs incurred in so doing to the rates under their control. The power to incur parliamentary costs, however, is subject to several important restrictions. The resolution to promote or oppose the bill must in the first instance have been carried by an absolute majority of the whole number of the council at a meeting convened by special notice, and afterwards confirmed by the like majority. The resolution must have been published in newspapers circulated in the district, and must have received the consent of the Local Government Board or of a secretary of state, if the matter is one within his jurisdiction; and further, the expenses must not be incurred unless the promotion or opposition has been assented to by the owners and ratepayers of the district assembled at a meeting convened for the purpose of considering the matter, and if necessary, signified by a poll. Moreover, the expenses must, before they can be charged to the rates, be examined and allowed by some person authorized by a secretary of state or the Local Government Board, as the case may be.Under the Pawnbrokers Act 1872 the licences to pawnbrokers, which were formerly granted by justices, are now granted by district councils.Under the Sale of Food and Drugs Acts certain important duties devolve upon medical officers and inspectors of nuisances who are officers of district councils. But for the most part the acts do not impose upon district councils themselvesAdulteration.any special powers or duties, although, as a matter of fact, prosecutions for offences are usually undertaken by the district councils, and the expenses of the execution of the acts are paid out of their funds. In quarter sessions boroughs, however, where the council have the duty of appointing a public analyst, they are under an obligation to put the acts in force from time to time, as occasion may arise. The acts themselves must be consulted for the procedure, beginning with the taking of samples and ending with the conviction of an offender.The powers and duties of a district council under the RiversRivers pollution.Pollution Prevention Act 1876 have been incidentally noticed when dealing with county councils, whose powers under the acts are precisely the same.Under the Electric Lighting Acts the Board of Trade may license any district council to supply electricity, or may grant to them a provisional order for the same purpose. A similar licence or order may be granted to a private person orElectric lighting.company to supply electricity within the district of a district council, but in that case the consent of the district council must be given, unless the Board of Trade, for special reasons, dispense with such consent. These licences are now rarely applied for or granted, and the provisions which were formerly contained in the provisional orders have now been consolidated by the Electric Lighting Clauses Act 1899, the effect of which will be to make provisional orders uniform for the future. It is now almost the exception, at least in urban districts, to find a district council which has not obtained a provisional order under these acts, and for the most part the undertakings of local authorities in the way of supplying electricity have been very prosperous.Under the Allotment Acts district councils were empowered to provide allotments for the labouring population of their district, if they were satisfied that there was a demand for allotments, that these could not be obtained at a reasonableAllotments.rent by voluntary arrangement, and that the land could be let at such a price as would not involve a loss to the council. The district council might acquire land, let it and regulate it, and they might provide common pasture. These powers were, by an act of 1907, transferred to parish councils.The urban district council execute the Public Libraries Acts for their district, and the rate for the expenses of the acts, which may not exceed 1d. in the £, is in a borough in the nature of a borough rate, and in any other urban district inPublic libraries.the nature of a general district rate. Under the acts not only public libraries, but also public museums, schools for science, art galleries and schools for art, with the necessary buildings,furniture, fittings and conveniences, may be provided for the inhabitants of the district. Land may be acquired, and money borrowed, for the purposes of the acts.A great number of other statutes confer powers or impose duties upon district councils, such as the acts relating to town gardens, agricultural gangs, fairs, petroleum, infant life protection, commons, open spaces, canal boats, factories and workshops, margarine, sale of horse-flesh and shop hours.

The whole of England and Wales is divided into districts, which are either urban or rural. Urban districts include boroughs and places which were formerly under the jurisdiction of local boards or improvement commissioners. The power toConstitution of district councils.constitute new urban districts is now conferred upon county councils, as already stated. There is a concurrent power in the Local Government Board under the Public Health Act 1875, but that power is now rarely exercised, and new urban districts are in practice created only by orders of county councils made under the Local Government Act 1888, section 57. Rural districts were first created in 1872. Before that time there was practically no sanitary authority outside the urban district, for although the vestry of a parish had in some cases power to make sewers and had also some other sanitary powers, there was no authority for such a district as now corresponds to a rural district. There were, indeed, highway boards and burial boards which had powers for special purposes, but district authority in the sense in which it is now understood there was none. Before the year 1894 the rural district consisted of the area of the poor-law union, exclusive of any urban district which might be within it, and the guardians of the poor were the rural sanitary authority. Since 1894 this has been changed. By the Local Government Act of that year the guardians ceased to be the rural sanitary authority. The union was preserved as the rural sanitary district, with this qualification, that if it extended into more than one county it was divided so that no rural district should extend into more than one county. Rural district councillors are elected for each parish in the rural district, and they become by virtue of their office guardians of the poor for the union comprising the district, so that there is now no election of guardians in a rural district. Guardians are still elected as such for urban districts, but the rural district council have ceased to be the same body as the guardians and are now wholly distinct. A district councillor, whether urban or rural, holds office for a term of three years. One-third of the whole council retire in each year, the annual elections being held in March, but there may be a simultaneous retirement of the whole council in every third year if the county council at the instance of the district council so order. The qualification and disqualification of district councillors, whether urban or rural, now depend upon the Local Government Act 1894. Property qualification is abolished. Any person may be elected who is either a parochial elector of some parish within the district or has during the whole of the twelve months preceding his election resided in the district, and no person is disqualified by sex or marriage. The electors both in urban and rural districts are the body called the parochial electors. These are practically the persons whose names appear in the parliamentary register or in the local government register as being entitled to vote at elections for members of parliament or county or parish councillors as the case may be. The election takes place subject to rules made by the Local Government Board, these rules being largely founded upon adaptations of the Municipal Corporations Act 1882. The election is by ballot on the same lines as those prescribed for a municipal election, and the Corrupt Practices Act, the provisions of which have been referred to when dealing with county councils, applies to the elections of district councils. The provisions with reference to election petitions, the grounds upon which they may be presented and the procedure upon them, are the same in every respect as have already been mentioned when dealing with county councils. It may be convenient here to state that the LocalUnited districts.Government Board has power to unite any number of districts or parts of districts into what is called a united district for certain special purposes such as water-supply, sewerage or the like. This is done by means of a provisional order made by the board and confirmed by parliament. In such a united district the governing body is a joint board constituted in manner provided by the order, and it has under the order such of the powers of a district council as are necessary for the purposes for which the united district is created. Thus a joint sewerage board would generally be invested by the order with all the powers of a district council relating to the provision and control of sewers and the disposal of sewage. It may also be convenient here to mentionPort sanitary authority.another special kind of district authority, that is, a port sanitary authority. It is also constituted by order of the Local Government Board, and it may include one or more sanitary districts or parts of districts abutting upon a port. In this case also the authority consists of such members and is elected in such manner as the order determines, and it has such of the powers of an ordinary district council as the order may confer upon it. These relate for the most part to nuisances and infectious disease, having special reference to ships. It has been thought convenient to deal here with district councils, whether urban or rural, together, but the powers of the formerPowers of urban and rural councils compared.are much more extensive than those of the latter, and as the consideration of the subject proceeds it will be necessary to indicate what powers and duties are conferred or imposed upon urban district councils only. It must be pointed out, however, that when the necessity arises for conferring upon a rural district council any of the powers exercisable only by an urban district council, that can be done by means of an order of the Local Government Board. The necessity for this provision arises because it sometimes happens that in a district otherwise rural there are some centres of population, hardly large enough to be constituted urban districts, which nevertheless require the same control as an urban district.

A district council may from time to time make regulations with respect to summoning, notice, place, management and adjournment of their meetings, and generally with respect to the transaction and management of their business. ThreeBusiness and offices.members must be present to constitute a quorum. At the annual meeting, which is held as soon as convenient after the 15th April in each year, a chairman for the succeeding year has to be appointed. He presides at all meetings, and in his absence another member appointed by the meeting takes his place. Questions are determined by the majority present and voting, the chairman having the casting vote. Minutes are taken and, if signed at the meeting or the next ensuing meeting, are made evidence. The officers of the council consist of a clerk, a medical officer, a surveyor, one or more inspectors of nuisances and a treasurer. Of these all but the medical officer of health and inspectors of nuisances hold office at pleasure and receive such remuneration as the council may determine. If the urban district is a borough, the town clerk and borough treasurer fulfil the same office for purposes of the Public Health Acts. The salaries of the medical officer of health and inspectors of nuisances are, as to one moiety thereof, paid out of “the exchequer contribution account” by the county council, if they are appointed in accordance with the requirements of the Local Government Board as to qualification, appointment, duties, salary and tenure of office. The orders of the Local Government Board as to these matters are set out in theStatutory Rules and Orders. District councils may also employ such other officers and servants as may be necessary and proper for the fulfilment of their duties. Officers and servants are prohibited from being concerned or interested in any bargain or contract made with their council, and from receiving under cover of their office or employment any fee or reward whatsoever other than their proper salaries, wages and allowances, under penalty of being rendered incapable of holding office under any district council, and of a pecuniary penalty of £50. There are some exceptions to this provision somewhat similar to those already mentioned with respect to the disqualification of members of the council. It may be mentioned here that by an act, called the Public Bodies’ Corrupt Practices Act 1889, severe penalties are imposed alike upon members and officers of public bodies for corruption in office.

A district council may appoint committees consisting wholly or partly of members of their own body for the exercise of any powers which in their opinion can properly be exercised by such committees. Such committees do not, however,Committees.hold office beyond the next annual meeting of the council, and their acts must be submitted to the council for their approval. If they are appointed for any purposes of the Public Health or Highway Acts, the council may authorize them to institute any proceedings or do any act which the council might have instituted or done, other than the raising of any loan or the making of any rate or contract. A rural district council may delegate their entire powers in any parish to a parochial committee. Such committee may consist wholly of members of their own body or of members of the parish council, or partly of members of both. Such a committee may be subject to any regulations and restrictions imposed upon it by the rural district council.

In dealing with the powers and duties of district councils it will be convenient to treat of these first as they arise under the Public Health Acts, and afterwards as they arise under other statutes. In so far as such powers and duties are commonPublic Health Acts.to urban and rural district councils alike they will be referred to as appertaining to district councils. When reference is made to any power or duty of an urban council it is to be understood that the rural council have no such power or duty unless conferred or imposed upon them by order of the Local Government Board. And it must be borne in mind that in a borough the borough council is the urban district council.

The district council are required to cause to be made such sewers as may be necessary for effectually draining their district. This duty may be enforced by the Local Government Board on complaint made to them that the council have failed inSewerage and drainage.performing it, and in the case of a rural district by the county council on complaint of the parish council. All sewers, whether made by the council, by their predecessors, or by private persons, vest in the district council, that is to say, become their property, with some exceptions, of which the principal is sewers made by a person for his own profit. The owner or occupier of any premises is entitled as of right to cause his drain to be connected with any sewer, on condition only of his giving notice and complying with the regulations of the council as to the mode in which the communication is to be made, and subject to the control of any person appointed by the council to superintend the work. Moreover, the owner or occupier of premises without the district has the same right, subject only to such terms and conditions as may be agreed or, in ease of dispute, settled by justices or by arbitration. If a house does not possess a sufficient drain, the occupier may be required to provide one, and to cause it to discharge into a sewer if there is one within 100 ft. of the house, otherwise into a cesspool, as the council may direct. In the case of new houses, these may not be built or occupied in an urban district without their being first provided with sufficient drains as the council may require; and in an urban district it is forbidden to cause any building to be newly erected over a sewer without the consent of the council. For the purpose of sewage disposal a district council may construct any works and contract for the use or purchase or lease of any land, buildings, engines, materials or apparatus, and contract to supply for a period not exceeding twenty-five years any person with sewage. It may be pointed out here that these expressions are defined by the act, the effect of the definitions being shortly that a drain is a conduit for the drainage of one building or of several within the same curtilage, while a sewer comprises every kind of drain except that which is covered by the definition of a drain as above stated. The result has been that district councils frequently find themselves in the position of being responsible for the repair and condition of drains which, by reason of having been laid for more than one house, are sewers vested in and repairable by them. An attempt was made to remedy this state of things by the Public Health Amendment Act 1890, section 19, but the remedy so provided was very partial, and may be said to be confined to the case where two or more houses belonging to different owners are drained into a common drain laid under private land, and ultimately discharging into a sewer in a road or street.

The district council are charged with the duty of enforcing the provision of proper sanitary accommodation (water-closets, privies, ashpits, &c.) for all dwelling-houses, new or old, and for factories, and the maintenance of such conveniencesSanitary accommodation for houses.in proper condition. The urban council have power to provide and maintain and make provision for the regulation of urinals, water-closets, earth-closets, privies, ashpits and other similar conveniences for public accommodation. In the event of a complaint being made to a district council that any drain, closet, privy, ashpit or cesspool is a nuisance or injurious to health, the council may empower their surveyor to enter and examine the premises, and, if the complaint is well founded, they may require the owner to do the necessary works. The district council are notRemoval of refuse.bound to undertake the removal of house refuse from premises, or the cleansing of closets, privies, ashpits and cesspools. They may, however, undertake these duties, and, if the Local Government Board require, they must do so. An urban council and a rural council, if invested with the requisite power by the Local Government Board, may, and when required by order of that board must, provide for the proper cleansing of streets, and may also provide for the proper watering of streets. When they have undertaken, or are required to perform these duties, a penalty is imposed upon them for neglect. If they do not undertake these duties, they may make by-laws imposing on the occupiers of premises the duty of cleansing footways and pavements, the removal of house refuse, and the cleansing of earth-closets, privies, ashpits and cesspools; and an urban council may also make by-laws for the prevention of nuisances arising from snow, filth, dust, ashes and rubbish, and for the prevention of the keeping of animals on any premises so as to be injurious to health. The keeping of swine in a dwelling-house, or so as to be a nuisance, is made an offence punishable by a penalty in an urban district, as also is the suffering of any waste or stagnant water to remain in any cellar, or within any dwelling-house after notice, and the allowing of the contents of any closet, privy or cesspool to overflow or soak therefrom. Provision is also made for enforcing the removal of accumulations of manure, dung, soil or filth from any premises in an urban district, and for the periodical removal of manure or other refuse from mews, stables or other premises.

With regard to water-supply, district councils have extensive powers. They may provide their district or any part of it with a supply of water proper and sufficient for public and private purposes, and for this purpose they may constructWater-supply.and maintain waterworks, dig wells, take on lease or hire any waterworks, purchase waterworks or water, or right to take or convey water either within or without their district, and any rights, powers and privileges of any water company, and contract with any person for the supply of water. They may not, however, commence to construct waterworks within the limits of supply of any water company empowered by act of parliament or provisional order to supply water without giving notice to the company, and not even then so long as the company are able and willing to supply the necessary water. Any dispute as to whether the company are able and willing has to be settled by arbitration. Where the council do supply water, they have the same powers of carrying mains under streets or through private lands as they have with respect to the laying of sewers, as already mentioned. They can charge water rents which depend upon agreements with consumers, or they may charge water rates assessed on the net annual value of the premises supplied. It is to be observed that they are not bound to charge for a supply of water at all, unless they are required to do so in an urban district by at least ten persons, rated to the poor rate, or in a parish in a rural district by at least five persons so rated in the parish. Even then the amount of the rate is left to the council, any deficiency in the cost of the water, in so far as it is not defrayed out of water rates or rents, being borne in an urban district by the general district rate, and in a rural district by the separate sanitary rates made for the parish or contributory place supplied. For the purpose of enabling them to supply water, most of the provisions of the Waterworks Clauses Acts are incorporated with the Public Health Act, and are made available for the district council. They are empowered to supply water by measure if they think fit, and may charge a rent for water-meters. The power of the district council to supply water is strictly limited to their own district, but they may, with the sanction of the Local Government Board, supply water to the council of an adjoining district on such terms as may be agreed upon, or as, in case of dispute, may be settled by arbitration. If any house is without a sufficient supply, and it appears that a supply can be furnished at a reasonable cost, as defined in the Public Health Act and the Public Health Water Act 1878, the owner may be required to provide the supply, and, if he fails, the council may themselves provide the supply and charge the owner with the cost. All public sources of water-supply such as streams, pumps, wells, reservoirs, conduits, aqueducts and works used for the gratuitous supply of water to the inhabitants of the district are vested in the council, who may cause all such works to be maintained and plentifully supplied with pure and wholesome water for the gratuitous use of the inhabitants, but not for sale by them. The council may supply water to public baths or wash-houses, or for trade or manufacturing purposes. In the case of the former the supply may be gratuitous. In the latter case it is to be on terms agreed between the parties. The urban council are required to cause fire-plugs, and all necessary works, machinery and assistance for securing a supply of water in case of fire, to be provided and maintained, and for this purpose they may enter into an agreement with any water company or person. Provision is made for preventing the pollution of water by gas refuse and enabling a district council, with the sanction of the attorney-general, to take any proceedings they may think fit for preventing the pollution of any stream in their district by sewage. The district council are also empowered to obtain an order of justices directing the closing of any well, tank or cistern, public or private, or any public pump the water from which is likely to be used for drinking or domestic purposes, or for manufacturing drinks for the use of man, if such water is found to be so polluted as to be injurious to health.

Power is given to prohibit the use as dwellings of any cellars, vaults or underground rooms built or occupied after 1875, and with regard to such cellars as were occupied as dwellings before 1875,the continued occupation of these is also forbidden unless theyCellar dwellings.comply with certain stringent requirements as to the height of the rooms, height of the ceilings above the surface of the street, open areas in front, effectual drainage, sanitary conveniences appurtenant to the cellars, and the provision of fireplaces.

District councils are required to keep a register of the common lodging-houses in their district. No person is allowed to keep a common lodging-house unless he is registered, and a house may not be registered until it has been inspectedCommon lodging-houses.and approved for the purpose by an officer of the council. Further, the council may refuse to register a keeper unless they are satisfied of his character and of his fitness for the position. The council are empowered to make by-laws for fixing the number of lodgers and separating the sexes therein, promoting cleanliness and ventilation, giving of notices and taking precautions in case of any infectious disease, and generally for the well-ordering of such houses. The keepers of common lodging-houses are required to limewash their walls and ceilings in the months of April and October in every year, and if paupers or vagrants are received to lodge, they may be required to report as to the persons who have resorted thereto. They must give notice of any infectious disease to the medical officer of health and to the poor-law relieving officer, and they must give free access for inspection. There is no definition of the expression “common lodging-house” in the Public Health Acts, and at one time the courts decided that shelters for the destitute kept by charitable persons were not common lodging-houses. That idea is now exploded, and the acts apply to charitable institutions which receive persons of the class ordinarily received into common lodging-houses.

By-laws may also be made relating to houses let in lodgings which are not common lodging-houses. These by-lawsHouses let in lodgings.are in practice limited to those inhabited by the poorer classes, although the act imposes no such restriction.

The Public Health Acts 1875 to 1907 contain elaborate provisions for dealing with nuisances. Those which are dealt with summarily are thus enumerated:—(1) any premises in such a state as to be a nuisance or injurious to health; (2) any pool,Nuisances.ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so foul or in such a state as to be injurious to health; (3) any animal so kept as to be a nuisance or injurious to health; (4) any accumulation or deposit which is a nuisance or injurious to health; (5) any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family; (6) any factory, workshop or workplace not already under the operation of any general act for the regulation of factories or bakehouses not kept in a cleanly state or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein; (7) any fireplace or furnace which does not as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam or in any mill, factory, dye-house, brewery, bakehouse or gas work, or in any manufacturing or trade process whatsoever; and (8) any chimney not being the chimney of a private dwelling-house sending forth black smoke in such quantity as to be a nuisance. The nuisances above enumerated are said to be nuisances liable to be dealt with summarily. It is the duty of every district council to inspect their district with a view to the discovery of any such nuisances. In the event of such discovery by them or of information given to them of the existence of any such nuisance, the district council are required to serve a notice requiring the abatement of the nuisance on the person by whose act, default or sufferance it arises or continues, or if such person cannot be found, on the owner or occupier of the premises at which the nuisance arises. The notice must require the abatement of the nuisance within a specified time, and must prescribe the works which in the opinion of the council are necessary to be done. If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner. If the person who causes the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the local authority may themselves abate the nuisance without further order. If the person on whom the notice is served objects to give effect to it, he may be summoned before justices, and the justices may make an order upon him to abate the nuisance, or prohibiting the recurrence of the nuisance if this is likely, and directing the execution of the necessary works. If the nuisance is such as to render a dwelling-house unfit for human habitation, the justices may close it until it is rendered fit for that purpose. Disobedience under the order of justices involves a penalty and a daily penalty for every day during which default continues. Private persons may complain to justices in respect of nuisances by which they are personally aggrieved, and if the district council make default in doing their duty, the Local Government Board may authorize any officer of police to institute any necessary proceedings at the cost of the defaulting council. The district council may, if in their opinion proceedings before justices afford an inadequate remedy, take proceedings in the high court, but in that case, if the nuisance is of a public nature, they must proceed by action in the name of the attorney-general. The provisions as to nuisances are extended to ships by an act of 1885.

It is forbidden to establish within an urban district without the consent of the council any offensive trade, business or manufacture. With regard to any offensive trade which has been established or may be consented to in any urban district, if it is verified by the medical officer or any two legally qualified medical practitioners, or by any ten inhabitants of the district, to be a nuisance or injurious to health, the urban district council are required to take proceedings before magistrates with a view to the abatement of the nuisance complained of.

Any medical officer or inspector of nuisances may inspect any meat, &c., exposed for sale or deposited in any place for the purpose of sale or of preparation for sale and intended for the food of man. This power of inspection is, in districtsUnsound meat.where the Public Health Act 1890 has been adopted, extended to all articles intended for the food of man. If upon such inspection the meat, &c., appears to be diseased, unsound or unwholesome, it may be taken before a justice for the purpose of being condemned, and the person to whom the meat, &c., belongs or in whose possession it was found is liable to a penalty or, in the discretion of the justices, to imprisonment for three months without the option of a fine.

The Public Health Acts contain important provisions relating to infectious disease. Any person who knows he is suffering from an infectious disease must not carry on any trade or business unless he can do so without risk of spreading the disease.Infectious diseases.Local authorities may require premises to be cleansed and disinfected; they may order the destruction of bedding, clothing or other articles which have been exposed to infection; they may provide proper places for the disinfection of infected articles free of charge; they may provide ambulances, &c. In the case of a person found suffering from infectious disease who has not proper lodging or accommodation, or is lodging in a room occupied by more than one family, or is on board any ship or vessel, such person may by means of a justice’s order be removed to a hospital; a local authority may pay the expenses of a person in a hospital or, if necessary, provide nursing attendance; any person exposing himself or any other in his charge while suffering from infectious disease, or exposing infected bedding, clothing or the like, is made liable to a penalty. Owners and drivers of public conveyances must not knowingly convey any person suffering from infectious disease, and if any person suffering from such a disease is conveyed in any public vehicle the owner or driver as soon as it comes to his knowledge must give notice to the medical officer. It is also forbidden to let houses or rooms in which infected persons have been lodging, or to make false statements to persons negotiating for the hire of such rooms. An act was passed in the year 1890, called the Infectious Diseases Prevention Act. When adopted it enabled an urban or district council to obtain the inspection of dairies where these were suspected to be the cause of infectious disease, with a view to prohibiting the supply of milk from such dairies if the fact were established. The act of 1907 extended the provisions of the act of 1890. It enables a local authority to require dairymen to furnish a complete list of sources of supply if the medical officer certifies that any person is suffering from infectious disease which he has reason to suspect is attributable to milk supplied within his district. It also compels dairymen to notify infectious diseases existing among their servants. The act of 1890 also forbids the keeping for more than forty-eight hours of the body of a person who has died of infectious disease in a room used at the time as a dwelling-place, sleeping-place or workshop. It provides for the bodies of persons dying of infectious diseases in a hospital being removed only for burial, and gives power to justices in certain cases to order bodies to be buried. The diseases to which the act applies are smallpox, cholera, membranous croup, erysipelas, scarlatina or scarlet fever, typhus, typhoid, enteric, relapsing, continued or puerperal fever, and any other infectious disease to which the act has been applied by the local authority of the district in the prescribed manner. The most important provision, however, relating to infectious disease is that contained in the Infectious Disease Notification Act 1889. That was originally an adoptive act, but it is now extended to all districts in England and Wales. It requires the notification to the medical officer of health of the district of every case in which a person is suffering from one of the diseases above mentioned. The duty of notification is imposed upon the head of the family, and also upon the medical practitioner who may be in attendance on the patient. The medical attendant is entitled to receive in respect of each notification a fee of 2s. 6d. if the case occurs in his private practice, and of 1s. if the case occurs in his practice as medical officer of any public body or institution. These fees are paid by the urban or rural district council as the case may be. The provisions as to notification are applied to every ship, vessel, boat, tent, van, shed or similar structure used for human habitation in like manner as nearly as may be as if it were a building. Exception is made, however, in the case of a ship, vessel or boat belonging to a foreign government. It is not too much to say that this act has been one of the most effectualmeans of preventing the spread of infectious disease in modern times.

The district council are empowered to provide hospitals or temporary places for the reception of the sick. They may build them, contract for the use of them, agree for the reception of the sick inhabitants of their district into an existingHospitals.hospital, or combine with any other district council in providing a common hospital. As has already been mentioned when dealing with county councils, if a district council make default in providing hospital accommodation, the county council may put in operation the Isolation Hospitals Act. The power given to provide hospitals must be exercised so as not to create a nuisance, and much litigation has taken place in respect of the providing of hospitals for smallpox. Up to the present time, however, the courts have refused to accept as a principle that a smallpox hospital is necessarily a source of danger to the neighbourhood, and for the most part applications for injunction on that ground have failed.

Where any part of the country appears to be threatened with or is affected by any formidable epidemic, endemic or infectious disease, the Local Government Board may make regulations for the speedy interment of the dead, house-to-houseEpidemics.visitation, the provision of medical aid and accommodation, the promotion of cleansing, ventilation and disinfection, and the guarding against the spread of disease. Such regulations are made and enforced by the district councils. The provisions of the Public Health Acts relating to infectious disease are for the most part extended to ships by an act of the year 1885.

District councils may, and if required by the Local Government Board, must provide mortuaries, and they may make by-laws with respect to the management and charges for the use of the same. Where the body of a person who has died of anMortuaries.infectious disease is retained in a room where persons live or sleep, or the retention of any dead body may endanger health, any justice on the certificate of a medical practitioner may order the removal of a body to a mortuary and direct the body to be buried within a time limited by the friends of the deceased or in their default by the relieving officer. A district council may also provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the reception of dead bodies during the time required to conduct anypost mortemexamination ordered by a coroner.

Under an act of 1879 the district council have power to provide and maintain a cemetery either within or without their district, and they may purchase or accept a donation of land for that purpose. The provisions of the CemeteriesCemeteries.Clauses Act 1847 apply to a cemetery thus provided. These cannot all be referred to here, but it may be noted that no part of the cemetery need be consecrated, but that if any part is, such part is to be defined by suitable marks, and a chapel in connexion with the Established Church must be erected in it. A chaplain must also be appointed to officiate at burials in the consecrated portion. The power to provide a cemetery under the act under consideration must not be confounded with that of providing a burial ground under the Burial Acts. These acts will be mentioned later in connexion with the powers of parish councils, for in general they are adopted for a parish, part of a parish or combination of parishes, and are administered by a burial board, except where that body has been superseded by a parish council or joint committee. It may be mentioned, however, that under the Local Government Act 1894, where a burial board district is wholly in an urban district, the urban council may resolve that the powers, duties and liabilities of the burial board shall be transferred to the council, and thereupon the burial board may cease to exist. And it is provided by the same act that the Burial Acts shall not hereafter be adopted in any urban parish without the approval of the urban council. The distinction between a burial ground provided under the Burial Acts and a cemetery provided under the act of 1879 is important in many ways, of which one only need be mentioned here—the expenses under the Burial Acts are paid out of the poor rate, while the expenses under the act of 1879 are paid in an urban district out of the general district rate, the incidence of which differs materially from that of the poor rate, as will be seen hereafter.

In an urban district the urban council have always had all the powers and duties of a surveyor of highways under the Highway Acts. But before 1894 a rural district council had no power or duty in respect of highways except in a fewHighways.cases where, by virtue of a provision in the Highway Act 1878, the rural sanitary authority of a district coincident in area with a highway district were empowered to exercise all the powers of a a highway board. Except in these cases the highway authority in a parish was the surveyor of highways, elected annually by the inhabitants in vestry, or in a highway district consisting of a number of parishes united by order of quarter sessions, the highway board composed of waywardens representing the several parishes. By the Local Government Act 1894, there were transferred to the district council of every rural district all the powers, duties and liabilities of every highway authority, surveyor or highway board within their district, and the former highway authorities ceased to exist. The highway authority in every district, rural as well as urban, is therefore the district council. Of the chief duties of a district council with regard to highways, the first and most obvious is the duty to repair. This duty was formerly enforceable by indictment of the inhabitants of the parish, but it is not quite clear whether this procedure is applicable, now that the liability to repair is transferred to a council representing a wider area. Under the Highway Acts it is enforceable by summary proceedings before justices and by orders of the county council, but in either case, if the liability to repair is disputed, that question has to be decided on indictment preferred against the highway authority alleged to be in default. In a rural district any parish council may complain to the county council that the district council have made default in keeping any highway in repair, and the county council may thereupon transfer to themselves and execute the powers of the district council at the cost of the latter body, or they may make an order requiring the district council to perform their duty, or they may appoint some person to do so at the cost of the district council. It is important to observe, however, that an action does not lie against a district council in respect of the failure to repair a highway even at the suit of a person who has thereby been injured. The reason assigned for this doctrine is that the council as highway surveyor stand in the same position as the inhabitants of the parish, against whom such an action would not lie. The district council are, however, liable for any injury caused through negligence on the part of their officers or servants in carrying out the work of repair.

But while rural as well as urban district councils have the powers and duties of surveyors of highways, the provisions of the Public Health Acts relating to streets apply only in urban districts, except in so far as the Local GovernmentStreets.Board may by order have conferred urban powers upon a rural district council. These provisions have now to be referred to. It may be convenient to state that the expression “street” is here used in a sense much wider than its ordinary meaning. It is defined by the act to include any highway and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not. For certain purposes streets as thus defined are divided into two classes, viz. those which are and those which are not highways repairable by the inhabitants at large. But it has to be borne in mind that it is not every highway that is repairable by the inhabitants at large. Before the year 1836 as soon as a way was dedicated to public use and the public had by user signified their acceptance of it, it became without more notice repairable by the parish. Therefore every highway—whether carriage-way, driftway, bridleway or footway—which can be shown to have been in use before 1836, is presumably repairable by the inhabitants at large, the only exceptions being such highways as are repairable by private persons or corporate bodiesratione clausurae,ratione tenurae, or by prescription. But in the year 1836, when the Highway Act 1835 came into operation, the law was altered. It was possible, just as formerly, to dedicate a way to the use of the public, and it thereupon became a highway to all intents and purposes. But mere dedication did not make the way repairable by the public. That result was not to follow unless certain stringent requirements were fulfilled. When it is shown, therefore, that a highway has been dedicated after 1836, it is not repairable by the inhabitants at large unless it can be shown that these provisions have been complied with, or that it has been declared to be repairable under provisions of the Public Health Acts presently to be mentioned. (There was also power given to justices, by the Highway Act 1862, to declare a private road or occupation road in a highway district to be a public highway repairable by the parish; but this power does not appear to have been acted upon to any extent.)

All streets being highways repairable by the inhabitants at large within an urban district, are vested in and under the control of the urban council. After much litigation it has now been established that this provision does not give the council an absolute property in the soil of the street, but merely such a qualified property in the surfaces as enables them to exercise control. The urban council are required from time to time to cause all such streets to be made up and repaired as occasion may require, and they are empowered to raise, lower or alter the soil of the street, and to place and keep in repair fences and posts for the safety of foot-passengers. The other class of streets consists of those which are not highways repairable by the inhabitants at large. Under the Public Health Act 1875 such streets may be dealt with in manner following:—If any such street or part thereof is not sewered, levelled, paved, metalled, flagged, channelled, made good or lighted to the satisfaction of the council, the council may cause it to be made up at the expense of the owners of premises fronting the street in proportion to their several frontages. When all or any of the works aforesaid have been executed in the street, and the council are of opinion that the street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in the street declare it to be a highway repairable by the inhabitants at large, and the declaration will be effective unless, within one month after the notice has been put up, the majority of the owners in the street object thereto. An alternative procedure has been provided by the Private Street Works Act, which may be adopted by any urban council. One important point of difference is that under the latter act the council may resolve that the expenses shall be apportioned among the owners not merely according to frontage,but according to the greater or less degree of benefit to be derived by any premises from the works.

Where a house or building in a street is taken down to be rebuilt, the urban district council may prescribe the line to which it is to be rebuilt, paying compensation to the building owner for any damage which he may sustain consequent upon the requirement. Save to this extent, no power is given by the general law to a district council to prescribe a building line. But under an act of 1888 it is provided that it shall not be lawful in any urban district without the consent of the urban authority to erect or bring forward any house or building in any street or any part of such house or building beyond the front main wall of the house or building on either side thereof in the same street.

The control exercised by an urban district council over streets and buildings is to a very large extent exercised through by-laws which they are empowered to make for various purposes relating to the laying out and formation of new streets, the erection and construction of new buildings, the provision of sufficient air-space about buildings to secure a free circulation of air, and the provision of suitable and sufficient sanitary conveniences. The manner in which such by-laws are made and confirmed will be hereafter noticed. In general, the by-laws require plans of new streets to be submitted to the council, and they are required to approve or disapprove of these plans within a month. They cannot disapprove of a plan unless it contravenes the provisions of some statute or by-law; but if a person builds otherwise than according to an approved plan he does so at the risk of having his work pulled down or destroyed. Among the miscellaneous powers of an urban council with respect to streets may be mentioned the power to widen or improve, and certain powers incorporated from the Towns Improvement Clauses Act 1847, with respect to naming streets, numbering houses, improving the line of streets, removing obstructions, providing protection in respect of ruinous or dangerous buildings, and requiring precautions to be taken during the construction and repair of sewers, streets and houses. An urban council may also provide for the lighting of any street in their district, and may contract with any person or company for that purpose. If there is no company having statutory powers of supply within their district, they may themselves undertake the supply of gas, and they may purchase the undertaking of any gas company within their district.

An urban council may acquire and maintain lands for the purpose of being used as public walks or pleasure-grounds, and may support or contribute to the support of such walks or grounds if provided by any other person. They may also contributePublic parks.to the cost of laying out, planting or improvement of lands provided for this purpose by any person, in their own district or outside that district, if it appears that the walks or grounds could eventually be used by the inhabitants of that district. An urban council may also provide public clocks or pay for the reasonable cost of repairing and maintaining any public clocks in the district, though not vested in them.

Where an urban council are the council of a borough, and in other cases with the consent of the owners and ratepayers of the district, they may provide market accommodation for their district. They may not, however, establish anyMarkets and slaughter-houses.market so as to interfere with any market already established in the district under a franchise or charter. For purposes of markets certain provisions of the Markets and Fairs Clauses Act 1847 are incorporated with the Public Health Act. The only one of these that need be noticed is that which provides that after the market is opened for public use every person, other than a licensed hawker, who shall sell or expose for sale in any place within the district, except in his own dwelling-place or shop, any articles in respect of which tolls are authorized to be taken shall be liable to a penalty. The tolls which may be taken by an urban council must be approved by the Local Government Board; and any by-laws which they make for the regulation of the market must be confirmed by the same body. An urban council may also provide slaughter-houses and make by-laws with respect to the management and charges for the use of them. Where they do not provide slaughter-houses, all previously existing slaughter-houses have to be registered and new ones licensed; and no person may lawfully use a slaughter-house which is not either registered or licensed. Licences may be suspended by justices in the event of their being used contrary to the provisions of the act or of the by-laws, and on a second conviction the licence may be revoked. On a conviction of selling or exposing for sale, or having in his possession or on his premises unsound meat, the court may also revoke the licence.

Certain police regulations contained in the Town Police Clauses Act 1847 are by virtue of the Public Health Act 1875 in force in all urban districts. These relate to obstructions and nuisances in streets, fires, places of public resort,Hackney carriages, &c.hackney carriages and public bathing. An urban council may also license proprietors, drivers and conductors of horses, ponies, mules or asses standing for hiring in the district in the same way as in the case of hackney carriages, and they may also license pleasure boats and vessels, and the boatmen or persons in charge thereof, and they may make by-laws for all these purposes.

Every district council may enter into such contracts as are necessary for carrying into execution the various purposes of the Public Health Acts. A district council being a corporation, the general law applies in the case of a rural councilContracts, purchase of lands.that they must contract under their common seal, the exception to this rule including the doing of acts very frequently recurring or too insignificant to be worth the trouble of affixing the common seal. In the case of an urban council certain stringent regulations are laid down. A contract made by an urban council, whereof the value and amount exceed £50, must be under seal, and certain other formalities must be observed, some of which are imperative; for example, the taking of sureties from the contractor, and the making provision for penalties to be paid by him in case the terms of the contract are not observed. Every local authority may also, for purposes of the act, purchase or take on lease, sell or exchange, any lands. Such lands as are not required for the purpose for which they were purchased must, unless the Local Government Board otherwise direct, be sold. Powers of compulsory purchase of lands are also given under the Lands Clauses Acts, but before these can be put in operation certain conditions must be observed. The Local Government Board must make inquiry into the propriety of allowing the lands to be taken, and the power to acquire the lands compulsorily can only be conferred by means of a provisional order confirmed by parliament.

With regard to the by-laws which district councils may make for many purposes, the subjects of which have been already from time to time mentioned, it is only necessary to state that these require to be confirmed by the Local GovernmentBy-laws.Board. Such confirmation does not, however, give validity to a by-law which cannot be justified by the provisions of the act, and many by-laws which have been so confirmed have been held to be invalid under the general law as being uncertain, unreasonable or repugnant to the law of the realm. For the guidance of local authorities, the Local Government Board have from time to time issued model series of by-laws dealing with the various subjects for which by-laws may be made, and these are for the most part followed throughout England and Wales.

As a general rule, all the expenses of carrying into execution the Public Health Acts in an urban district fall upon a fund which is called the general district fund, and that fund is provided by means of a rate called the general district rate. ToFinance.this there are some exceptions. First, in the case of boroughs where from the time of the first adoption of the Sanitary Acts these expenses have been paid out of the borough rate, the expenses continue to be so paid; and in an urban district which was formerly subject to an Improvement Act, the expenses may be payable out of the improvement rate authorized by that act. The general rule, however, prevails over by far the greater part of England and Wales. The general district rate is made and levied on the occupiers of all kinds of property for the time being assessable to any rate for the relief of the poor, subject to a few exceptions and conditions. Of these the first is that the owner may be rated instead of the occupier, at the option of the urban authority, where the value of the premises is under £10, where the premises are let to weekly or monthly tenants, or where the premises are let in separate apartments, or the rents become payable or are collected at any shorter period than quarterly. When the owner is rated he must be assessed upon a certain proportion only of the net annual value of the premises. The owners or occupiers of certain specified properties are assessed in respect of the same in the proportion of one-fourth part only of the net annual value thereof. These properties include tithes, tithe commutation rent charge, land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, orchards, allotments, any land covered with water such as the reservoir of a waterworks company, or used only as a canal or towing-path of the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance. The reason for these partial exemptions apparently is that sanitary arrangements are made chiefly for the benefit of houses and buildings, while the properties just enumerated do not receive the same amount of benefit. The only other point to be noticed in this connexion is that an urban council may divide their district into parts for all or any of the purposes of the act, rating each part separately for those purposes. The expenses of highways in an urban district fall as a rule upon the general district rate, but under certain conditions, which need not be here set out, a separate highway rate may have to be levied. The urban council have extensive powers of amending the rate, and the rate is collected in such manner as the urban authority may appoint.

The expenses of a rural district council are of two kinds. Of these the first is called general expenses, and it includes the expense of the establishment and officers of the council, of disinfection, providing of conveyance for infected persons, and the expenses of highways. These expenses are payable out of a common fund which is raised out of the poor rate of the several parishes in the district, according to the rateable value of each. Special expenses include the expenses of the construction and maintenance and cleansing of sewers, providing water-supply, and all other expenses incurred or payable in respect of a parish or contributory place within the district determined by order of the Local GovernmentBoard to be special expenses. The expression “contributory place” means a place other than a parish chargeable with special expenses. For the most part it has reference only to what is called a special drainage district, that is to say, a district formed out of one or more parishes or parts of parishes for the purpose of the provision of a common water-supply, or scheme of sewerage, or the like, and in the event of such a district including part only of a parish, the remaining portion would, so far as the special expenses for which the district was created are concerned, be a separate contributory place. These special expenses are chargeable to each parish or contributory place, and they are defrayed by means of special sanitary rates, such rates being raised on all property assessed to the relief of the poor, but with the same exemptions of certain properties as have been mentioned under the head of general district rate in urban districts.

District councils are empowered to borrow with the sanction of the Local Government Board, subject to certain restrictions and regulations. The money must be borrowed for permanent works, the expenses of which ought in the opinion of theBorrowing powers.Local Government Board to be spread over a term of years which must not exceed sixty. The sums borrowed must not exceed, with the outstanding loans, the amount of the assessable value for two years of the district for which the money is borrowed; and if the sum borrowed would, with the outstanding loans, exceed the assessable value for one year, the sanction of the Local Government Board may not be given except after local inquiry. The money may be repaid by equal instalments of principal, or of principal and interest, or by means of a sinking fund.

Where the urban council are the council of a borough, their accounts as urban council are made up and audited in the same ineffective manner as has already been mentioned in the case of the accounts of the council under the MunicipalAudit.Corporations Act, but each of the borough auditors receives remuneration for auditing the accounts of the council as urban district council. Where the urban council are not the council of a borough, the accounts are made up annually, and audited by the district auditor in the same effective manner as has already been mentioned in the case of the accounts of a county council. The accounts of a rural district council are made up half-yearly and are audited in the same way.

The Public Authorities Protection Act 1893 was passed to repeal the numerous provisions contained in many acts of parliament, whereby, before legal proceedings could be taken against a public body, notice of action had to be given and theProceedings against district councils.proceedings commenced within a certain limited time. The act applies to all public authorities, including, of course, district councils, and it provides in effect that where any action or legal proceeding is taken against a council for any act done in pursuance or execution, or intended execution, of an act of parliament, or of any public duty or authority, the action must be commenced within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within six months next after the ceasing thereof. And it provides further that, in the event of the judgment of the court being given in favour of the council, the council shall be entitled to recover their costs taxed as between solicitor and client. Notice of action is abolished in every case.

Among other acts which are either incorporated with the Public Health Acts or have been passed subsequently to them, one of the most important is the Housing of the Working Classes Act 1890. It contains three distinct parts. Under the first anHousing of the working classes.urban district council may, by means of a scheme, acquire, rearrange and reconstruct an area which has been proved to be insanitary. The scheme has to be confirmed by the Local Government Board, and carried out by means of a provisional order. The second part of the act deals with unhealthy dwelling-houses, and requires the urban district council to take steps for the closing of any dwelling-houses within their district which are unfit for human habitation. The third part of the act deals with what is called in the act working-class lodging-houses. But the expression is a little misleading, for it includes separate houses or cottages for the working classes, whether containing one or several tenements, and the expression “cottage” may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed £3. This part of the act may be adopted by a rural district council, but an urban district council can carry it into execution without formal adoption. Land may be acquired for erecting lodging-houses as above defined, and these, when erected, may be managed and let by the council.

The urban district council may adopt the provisions of the Baths and Washhouses Acts, and thereunder provide publicBaths and wash-houses.baths, wash-houses, open bathing-places, covered swimming baths, which they may close in the winter months and use as gymnasia.

Under the Tramways Act 1870 the urban district council may obtain from the Board of Trade a provisional order authorizing the construction of tramways in their district by themselves. Any private persons, and any corporation or companyTramways.may, with the consent of the council, obtain the like authority, but the Board of Trade have power in certain cases to dispense with the consent of the local authority. Where the order is obtained by a person or body other than the district council, the council may purchase the undertaking at the end of twenty-one years after the tramways have been constructed or at the expiration of every subsequent period of seven years, and the terms of purchase are that the person or company must sell the undertaking upon payment of the then value, exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever of the tramway, and all lands, buildings, works, materials and plant suitable to and used for the purposes of the undertaking. It should be observed, however, that although the local authority may themselves construct, and may acquire from the original promoters a system of tramways, they may not themselves work them without special authority of the legislature, and must in general let the working of the undertaking to some person or company.

Under the Borough Funds Act 1872 the urban district council may, if in their judgment it is expedient, promote or oppose any local and personal bill or bills in parliament, or may prosecute or defend any legal proceedings necessary forBills in Parliament and legal proceedings.the promotion or protection of the interests of the district, and may charge the costs incurred in so doing to the rates under their control. The power to incur parliamentary costs, however, is subject to several important restrictions. The resolution to promote or oppose the bill must in the first instance have been carried by an absolute majority of the whole number of the council at a meeting convened by special notice, and afterwards confirmed by the like majority. The resolution must have been published in newspapers circulated in the district, and must have received the consent of the Local Government Board or of a secretary of state, if the matter is one within his jurisdiction; and further, the expenses must not be incurred unless the promotion or opposition has been assented to by the owners and ratepayers of the district assembled at a meeting convened for the purpose of considering the matter, and if necessary, signified by a poll. Moreover, the expenses must, before they can be charged to the rates, be examined and allowed by some person authorized by a secretary of state or the Local Government Board, as the case may be.

Under the Pawnbrokers Act 1872 the licences to pawnbrokers, which were formerly granted by justices, are now granted by district councils.

Under the Sale of Food and Drugs Acts certain important duties devolve upon medical officers and inspectors of nuisances who are officers of district councils. But for the most part the acts do not impose upon district councils themselvesAdulteration.any special powers or duties, although, as a matter of fact, prosecutions for offences are usually undertaken by the district councils, and the expenses of the execution of the acts are paid out of their funds. In quarter sessions boroughs, however, where the council have the duty of appointing a public analyst, they are under an obligation to put the acts in force from time to time, as occasion may arise. The acts themselves must be consulted for the procedure, beginning with the taking of samples and ending with the conviction of an offender.

The powers and duties of a district council under the RiversRivers pollution.Pollution Prevention Act 1876 have been incidentally noticed when dealing with county councils, whose powers under the acts are precisely the same.

Under the Electric Lighting Acts the Board of Trade may license any district council to supply electricity, or may grant to them a provisional order for the same purpose. A similar licence or order may be granted to a private person orElectric lighting.company to supply electricity within the district of a district council, but in that case the consent of the district council must be given, unless the Board of Trade, for special reasons, dispense with such consent. These licences are now rarely applied for or granted, and the provisions which were formerly contained in the provisional orders have now been consolidated by the Electric Lighting Clauses Act 1899, the effect of which will be to make provisional orders uniform for the future. It is now almost the exception, at least in urban districts, to find a district council which has not obtained a provisional order under these acts, and for the most part the undertakings of local authorities in the way of supplying electricity have been very prosperous.

Under the Allotment Acts district councils were empowered to provide allotments for the labouring population of their district, if they were satisfied that there was a demand for allotments, that these could not be obtained at a reasonableAllotments.rent by voluntary arrangement, and that the land could be let at such a price as would not involve a loss to the council. The district council might acquire land, let it and regulate it, and they might provide common pasture. These powers were, by an act of 1907, transferred to parish councils.

The urban district council execute the Public Libraries Acts for their district, and the rate for the expenses of the acts, which may not exceed 1d. in the £, is in a borough in the nature of a borough rate, and in any other urban district inPublic libraries.the nature of a general district rate. Under the acts not only public libraries, but also public museums, schools for science, art galleries and schools for art, with the necessary buildings,furniture, fittings and conveniences, may be provided for the inhabitants of the district. Land may be acquired, and money borrowed, for the purposes of the acts.

A great number of other statutes confer powers or impose duties upon district councils, such as the acts relating to town gardens, agricultural gangs, fairs, petroleum, infant life protection, commons, open spaces, canal boats, factories and workshops, margarine, sale of horse-flesh and shop hours.

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