VI. Population
Until the beginning of the 19th century there existed no other knowledge of the actual area and population of the country but what was given in the vaguest estimates. But there can be little doubt that the population of England and Wales increased very slowly for centuries, owing largely to want of intercommunication, which led to famines, more or less severeit being a common occurrence that, while one county, with a good harvest, was enjoying abundance, the people of the adjoining one were starving. The interpretation of certain figures given in the Domesday Survey (which do not cover certain parts of modern England nor take account of the ecclesiastical population) is a matter of widely divergent opinion; but a total population of one million and a half has been accepted by many for the close of the 11th century. In 1377 the levying of a polltax provides partial figures from which a total of two to twoand-a-half millions has been deduced, but again divergent views have been expressed as to how far the number was still affected by the Black Death of 1348-1349. It is calculated, on the basis of registers of births and deaths, that the population of England and Wales numbered 5,475,000 in 1700, and 6,467,000 in 1750. From the later part of the 18th century a stronger tendency to increase set in, and at the taking of the first census, in 1801, it was ascertained that the population numbered 8,892,536, being-if the former estimates were approximately correct-an increase of very nearly 2.1 millions in little over fifty years. This rate of increase was not only continued, but came to be greatly exceeded.
Since the first census of 1801, regular enumerations of the people of England and Wales have been taken every ten years. The results of these enumerations are published in separate volumes for each county, in a volume of summary tables, and in a general report. In the summaries England and Wales are treated as one, and this treatment is followed here. The following table gives the total numbers of the population of England and Wales at each census, together with the absolute increase, and growth per cent, during each decennial period: Allowing for a rate of increase equivalent to that which obtained between 1891 and 1901, the estimated population was 34,152,977 in 1905, and 36,169,150 in 1910.
Distribution.-A detailed map of the distribution of population in England and Wales 1 shows certain well-defined areas of very dense population. First for consideration, though not in geographical extent, stands the area round London, in Middlesex, Surrey, Kent, Essex and Hertfordshire. A great proportion of this population is purely residential, that is to say, its working members do not practise their professions at home or close to home, but in the metropolis, travelling a considerable distance between their residences and their offices. Just as London, in spite of its manifold industrial interests, is hardly to be termed a manufacturing centre, so the populous district surrounding it is not to be termed an industrial district in the sense in which that term is applied to the remaining regions of dense population which fall for consideration here. London gained its paramount importance from its favourable geographical position in respect of the rest of England on the one hand and the Continent on the other, and the populous district of the " home counties " owes its existence to that importance; whereas other populous districts have generally grown up at the point where some source of natural wealth, as coal or iron, lay to hand. The great populous area which covers south Lancashire and the West Riding of Yorkshire, and extends beyond them into Cheshire, Derbyshire, Staffordshire and Nottinghamshire, is not in reality a unit. The whole of the lowland in the south of Lancashire has almost the appearance of one vast town, whereas among the hills of the Pennine Chain the population crowds the valleys on either flank and leaves in the high-lying centre some of the largest tracts of practically uninhabited country in England. Moreover, the industries in different parts of this area (for it is strictly an industrial area) differ completely, as will be observed later, though coal-mining is common to all. The other most extensive centres of dense population are the coal-mining or manufacturing districts of Northumberland and Durham, of the midlands (parts of Warwickshire, Worcestershire and Leicestershire), and of South Wales and Monmouthshire; and it is in these districts, and others smaller, but of similar character, that the greatest increase of population has been recorded, since the extensive development of 'As in Bartholomew's Survey Atlas of England and Wales (1903).
their resources during the 19th century. Thus the preceding counties' showed an increase, under normal conditions, exceeding 10% during the ten years 1891-1901, the percentage increase in 1871-1891 being given for comparison.
It will be observed that three of the home counties occur in the first four in the above list. It is interesting to note, in this connexion, that the increase of population diminished steadily, in the three decades under notice, within the area covered by the administrative county of London, which is only the central part of urban London (compare the population table of the great urban districts, below). This was 1 7.44% in 1871-1881, 1039 in 1881-1891, and 7.3 in 1891-1901. This illustrates the constant tendency for the residential districts of a city to radiate away from its centre, which appears, though in a modified degree, in the case of all the great English cities.
During the period 1891-1901 five English and five Welsh counties showed a decrease per cent in the population. The English counties were: The Welsh counties were Montgomeryshire, Cardiganshire, Flintshire, Merionethshire and Brecknockshire, the first-named showing Urban and the highest decrease, 5.08%, in 1891-1901. These counties are principally agricultural, and it is in agricul districts elsewhere that the increase of population is districts. sl i ghtest. But in 1871-1881 a decrease was found in the case of fifteen counties in all, and in 1881-1891 in the case of thirteen, whereas in 1891-1901, although Radnorshire, which returned a decrease previously, now returned an abnormal increase owing to the temporary employment of workmen on the construction of the Birmingham waterworks, the number fell to 10, and the average percentage also fell. This suggested some tendency to return to a state of equilibrium as between urban and rural districts. This is in a measure borne out by the movement of population in the districts classed as purely rural in 1901. In these there was an increase per cent of 14.2 in 1811-1821, which fell off to 2.8 in 1841-1851. A decrease then set in and grew from o 2 in 1851-1861 to 0.67 in 1881-1891, but in 1891-1901 an increase, 1.95, was once more recorded. But the drain on the rural population continued heavy, for in the same purely rural area, which had a population in 1901 of 1,330,319, the excess of births over deaths was 150,437, but the actual increase of population was only 25,492, leaving a heavy loss (9.6%) to be accounted for by migration, the term used in this connexion in the general report of the Census to include movement of population to any new locality, home or foreign.
Housing.-The total area of England and Wales covered by urban districts (a term which coincides pretty nearly with that of towns, which bears no technical meaning in England) was 3,848,987 acres, and contained a population of 25,058,355 in 1901, the increase in the decade 1891-1901 being 15.2%. The number of inhabited houses in the whole country in 1901, namely 6,260,852, may be compared with the numbers in 1801 (1,575,923) and 1851 (3,278,039); it gives an average of 5.2 persons to each house. This average has decreased with some regularity from a maximum of 5.75 in 1821, but there is no certain evidence on which to affirm or deny that the average cubic capacity of dwelling-houses has been maintained. The urban population averaged 5.4 persons to a house, but varied greatly in different towns. Thus, an average below 4.4 is quoted for Rochdale, Halifax, Huddersfield, Yarmouth, Bradford and Stockport, while the average for London was 7.93, and for Gateshead, Newcastle-uponTyne and South Shields, in the northern industrial district of the Tyne, and for Devonport, the average exceeded 8. The average of persons to a house in rural districts was 4.6.
Vital Statistics.-" The increase or decrease of population is governed by two factors: (I) the balance between births and deaths, and (2) the balance between immigration and emigration." 2 The following table is therefore given to show (I) the percentage of ' The figures are for Registration Counties (see classification of Territorial Divisions, below).
2 Census of England and Wales, 1901; General Report, p. 15.
increase by births and decrease by deaths in each decade from 1851, and (2) the difference at the close of each decade (i.e. in the later year mentioned in each line) between the population which would have followed upon the natural increase unaffected by migration and the population as actually enumerated. In the case of (2) the actual population has always been exceeded by the estimate based on natural increase, and this demonstrates an excess of emigration over immigration.
The proportion of males to females is moo to 1068, this being a higher proportion of females than any recorded in the 19th century, during which the lowest proportion of females was 1036 in 1821. The proportion rose at each census from 1851. But on the other hand moo male children were born against only 965 female, on an average in 1891-1901. This excess of male births, which is usual, has been ascertained to find its equilibrium, through a higher rate of infant mortality among the males, about the tenth year of life, and is finally changed by perilous male occupations and other causes, including the stronger tendency of males to emigration. The proportion of females varies much in different localities, being highest in such districts as London and the home counties, which are residential, and in which, therefore, many domestic servants are enumerated; and Somersetshire, Bedfordshire and other seats of industries which especially occupy women (e.g. the straw-plaiting of the county last named). It is lowest, naturally, in the mining districts, as Glamorgan, Monmouth, Durham, Northumberland; but an exception may be noted in the case of Cornwall, where a high proportion of females is attributed to the emigration of miners consequent upon the relative decrease in importance of the tin-mines. In 1901 the proportion of females to males in urban districts was 1086 to woo, and in rural districts 1011 to 1000.
The proportion of married adults (aged twenty and upwards) was found to decrease from 1881 to 1901, being 630 per thousand Urban Districts of England and Wales with Population exceeding 80,000 (1901) .
3 Administrative county.
These districts, administratively distinct, belong topographically to Greater London.
in the former and 604.5 in the latter year. The marriage-rate per thousand has ranged since 1841 from 14.2 in 1886 to 17.6 in 1873, and is evidently closely associated with the general prosperity of the country, for in the latter year the value of the total imports and exports per head of the population of the United Kingdom was at its highest, and in the former year at its lowest. The five years 18 951899 exhibited a remarkable sequence illustrative of this: - The marriage-rate declined, subsequently to the year last quoted in this table, to 15.6 in 1903. (0. J. R. H.) Religion. - In attempting to give a concise account of the religious conditions of England we are confronted from the outset with the absence of any trustworthy statistics. A religious census, such as is customary in other countries, has not been taken since 1851; nor is it probable that such a census would be any true indication of the actual religious beliefs of the population. Still less satisfactory, from this standpoint, is the attempt to compile statistics of religious belief from the registrar-general's report on the number of marriages celebrated in the places of worship of the various denominations; for among those who are practically attached to no religious body, and even some Nonconformists, a prejudice survives in favour of having their marriages celebrated and their funerals conducted by the clergy of the Established Church. Nor is the test of " sittings " provided by the various denominations, nor even the number of their communicants, a trustworthy test of the relative number of their adherents. In Wales, for instance, the rivalry of the sects has multiplied chapel accommodation out of all proportion to the population; while everywhere it happens that churches, at one time crowded every Sunday, have been emptied by the shifting of population or other causes. As for the test of communicancy, it is untrustworthy because the insistence on communion as the pledge of membership varies with the different denominations and even with different sections of opinion within those denominations. Any statistics of this nature, then, however useful they may be as a general indication, must not be treated as conclusive.
Whatever disputes there may be as to the relative strength of the various churches and sects, there can be no questioning the fact that the dominant religion in England is Protestant Christianity. Protestantism, indeed, since the Act of Settlement in 1689, has been of the essence of the Constitution, the sovereign forfeiting his or her crown ipso facto by acknowledging the authority of the pope, by accepting " the Romish religion," or by marrying a Roman Catholic; and though of late years efforts have been made to modify or to abrogate this provision, the fact that such efforts have met with widespread opposition shows that it still represents the general attitude of the British nation. Protestantism, however, is a generic term which in England covers a great variety of opinions, and a large number of rival religious organizations. The state church, the Church of England as by law established, represents the tradition of a time when church and state were regarded as two aspects of one divinely ordered organism. In law every subject of the state is also a member of the Established Church, and can lay claim to its ministrations so long as he or she obeys the ecclesiastical law, which is also the law of the state. No Englishman, whatever his opinions, can be excommunicated without due process of law. The Church of England is thus theoretically coextensive with the English nation, each unit of which is legally assumed to belong to it unless proof be brought to the contrary. To state the theory is, however, to risk giving an entirely false impression of the facts. In practice the Church of England is no longer regarded as coextensive with the state; nor is nonconformity any longer, as it once was, an offence against the law. Since the abolition of the Test Acts and the emancipation of the Catholics no Englishman has suffered any civil disability owing to his religion'; and the progress of democracy has given to the great so-called " Free Churches " a political power that rivals that of the Established Church. In the matter of the estimation of their relative strength the main grievance of the Nonconformists is that the law classes as members of the Church of England that enormous floating population which is really conscious of no ecclesiastical allegiance at all.
The Church of England, both in constitution and doctrine, represents in general the mean between Roman Catholicism on the one hand and the more advanced forms of Protestantism on the other (see Episcopacy). Though its doctrine was reformed in the 16th century and the spiritual supremacy of the pope was repudiated, the continuity of its organic life was not interrupted, and historically as well as legally it is the same church as that established before the Reformation. The ecclesiastical system is episcopal, the whole of England (including for this purpose Wales) being divided into two provinces, Canterbury and York, and 37 bishoprics (including the primatial sees of Canterbury and York). These again are subdivided into 14,080 parishes (1901), the smallest ecclesiastical units, which are grouped for certain administrative purposes into 810 rural deaneries. The sovereign is by law the supreme governor of the church, both in things spiritual and temporal, and he has the right to nominate to vacant sees. In the case of sees of old foundation this is done by means of the conge d'elire (q.v.), in that of others by letters patent. 2 The bishops hold their temporalities as baronies, for which they do homage in the ancient form, and are spiritual peers of parliament. Only 26, however, have the right to seats in the House of Lords, of whom five - viz. the two archbishops and the bishops of London, Durham and Winchester - always sit, the others taking their seats in order of seniority of consecration. Under the bishops the affairs of the dioceses are managed by archdeacons (q.v.) and rural deans (see Archpriest and Dean). The cathedral churches are governed by chapters consisting of a dean, canons and prebendaries (see Cathedral). The deaneries are in the gift of the crown, canonries and prebends sometimes in that of the crown, sometimes in that of the bishops. The parish clergy, with a few rare exceptions (when they are elected by the ratepayers), are appointed by patronage. The right of presentation to some 850o benefices or " livings " is in the hands of private persons; the right is regarded in law as property and is, under certain restrictions for the avoidance of gross simony, saleable (see Advowson). The patronage of the remaining benefices belongs in the main to the crown, the bishops and cathedral chapters, the lord chancellor, and the universities of Oxford and Cambridge.
In spite of the fact that the Church of England is collectively one of the wealthiest in Christendom, a large proportion of the " livings " are extremely poor. To understand this and other anomalies it is necessary to bear in mind that the church is not, like the established Protestant churches of Germany, an elaborately organized state department, nor is it a single corporation with power to regulate its internal polity. It is a conglomeration of corporations. Even the incumbent of a parish is in law a " corporation sole," his benefice a freehold; and until the establishment in 1836, by act of parliament, of the Ecclesiastical Commissioners nothing could be done to adjust the inequalities in the emoluments of the clergy resulting from the natural rise and fall of the value of property in various parts of the country. Even more extraordinary is the effect of the singular constitution of the church on its discipline. An incumbent, once inducted, can only be disturbed by complicated and extremely costly processes of law; in effect, except in cases of gross 1 Certain great offices of state are closed to Roman Catholics.
2 The actual selection of the bishops is in practice in the hands of the prime minister for the time being. This formerly led to purely political appointments; but it is usual now to select clergymen approved by public opinion.
Continuation North, Section a?;ije E I° F ?
,t? N Ttin Ha Bu t on ?: e o rneo O 1? Donin t. .. LI?I ? p 00 re ? .: ?: H a t e U 'Wyme old:; SS u
- Swadlincote ,? ' S
e u hboroU h° Melto ,CO N 1. o ? .+ P ? K g owb ay ?
? ? t, ele, 8arto n ° shbyy r eort ??' Harrow upon ??, Oi :111CS oi }' 'a'Zol_Ch= !r' ..: 35 4 cQ. ` wo
Oupon t Whitwick Gree Charnwoo. 6 C oalvilte
est ?? ?t? B°'- pnistho ' ?y ?rGo ? D 19?; ".Shre,WSUuC '??', - c c ham S n o ? ? H Oaketig'ates p eF t ? oo oxe na lato?coAo i;, ' r: a ? O. tt ?Bton ?.:'?..,
Oa ?
s <Yk. 1 Q a+ Shacke
u h _ ,. ods@ Irontr ? Walsalt Qo n0 ? e iee 1 ? No rt 10,',P o - .. ? m ithersjj,, Ea f O ,,? 5y eeb ok WQ.1vQ"riYam ppp? on ?g ?oldfiel o ?
?Morville' --,,,,f'--,,,,f' :: ? $ ca a ?-? esbuty '' i k1C ° ?Worfitl g YO 3? r p N H? fR;? r i CA °' ?t? E} ? t ??
gg ? eato;06urba e ? o +.. ' urch tretio t° Br>dgno thy Ti t F?o g les .;.Mar ate Ne 4 '? by Parva o arbarou keth t Lutt Wp h ?u sbariGs: u ?? Ac.,, r, broo 'd '. hilron 0X? swonh t o - f ,?:
? eres ty o„i i ?c. I i ? .Hampton 'eH ISOwen ? iks
to O y t" t Well K ' tering i ietd?t s ?"1 ??
C Ha 1 K y OC o ° gh GreatC ? O o: A O S rOVe OTanwotth Kniv 't St rport ?? ra 8 u bberle R? d?itch?,. t ?
Ast1 k Pri -Henle n O h(E 1 oOverston? ?
,bur A btierrey, ? 9 Ard"e ° in ton ?' I ?/?
t I....?P ,? O?'W. WIC?o ^..-.,M :? o? .. ? sl 13 ? 2 IYl Gy? is: Laysters.;,y;an ? I Studle Y: o .r W ?
11PP ?° '? i erfiel! ? N ntham.tonr? ? 'hb M ??? s. i ?` t1 A5 Y L G y . s: ? ' i a ??
ijt^ + G asionhlaud t
? O tone i o ? .e U on f o. I te p? LL o y rro '.° ? a o rces
. rt SnPsD r. ster ' ?, d C h Yt r o o l:idror..o,: Avo K' t. yf ? s wa^.:BNOnt a r /? ow °"' / R - ,E .? 1 SJ/ ,? ?? -'s s ?
.? 'c ?ibn ?
?' b t ?
? rn ?', 0 Section III.
1 O rc Stoke 52 t a5 5 Castle ax? St a e Fo e i Q1ne w se E; ott cc't O`appetiama au1 on Stratf Brae unvesjon oaklo r 'jv't11„, I ? O Newport Fagriell o Cirea Malvern Ledb uQonSeverri ?; l ? toh, m oc `Fot ?
'? -'A° p R ?°Tw?gworth JJ F
..
rntford t kIay ° e nolU ?LlW kriares R Shlpton:, Wr to n ?
.?
v e oh- ai Eves a Bred H)l on y f Et ?
S° Dx,?htan ?ps inC'COmb?
harl casnt n h Guiti?POwe' r ton?6 MaPsh'
Ft eref/d"- i ? e?
y, Much ?
?
s Neyvent lfo c d, ??
? k ? L l!
itcheld.at on OTl c? ester j _ _ Col sbom nswfck Wotiur ° r?
F,?eig.hton i pBuzzard, > oo a 'stone.
? ckingha t Ho Padury n510W .?.
p y octhMarstontng?b Kinggh M Wrr?a?ddcs °AShendon 3 CriC ?.?T Cheltenham °inghoe,;: dnClirtob^ ?
- HMan?
/Wend 08;..SBe kh ? o ,N;tt ' t ?'? ' OLee stead'
.
?. s,.,...
Ut'?.,.'
j'pBn' o at gn (i o O. hatouer ye r ddington0 hi , e?
? o O Shtpton ?l W o 1' t1 orthleac' ?r, aEN t ' ,? psr u ?
!eo ahron in t .
est r oroath: 'ec ?
Witne mp is Htl!
d1, r q ? q k ell, - a "?
? jjjj J ) ti h c ? °Llnv ? 1 4 ?' :Abe
I ? at r S{ n,r,??,t, t ? onmoutho f
- inder" ord -.,O,, ?, Newn at yyg1aB e Aberiillerl}1 ? 7«11eck, c anBla ??er ?S?: h L:ande Y i?ando g O.?: s a1?V n ? ern Parv 'c O't 001 Irivr ^E YP towel!
an d „...d---: e 'a ' ~ t a aas?Caed; C dw ick en h ornlury LI?'. 4s ¢.?
g ot ?,neJWootton ddesddn?.JStroud ° / t'1'- Tl?amesHea t o ny ?,1'i, B;y uo nor?f y hO j tsw
k ces ` a h (Missenatn 0 ?
cn Amersha aringdOn I ° oleahi Watlington '.0 t`mbe H:.H e? H hwr "oTu ? $C: er rS,t ?'
WMarl? jS NuffieId oSlono? Dcnhatn a ,Regis ee e h esUxbri; anborou tk We tItstey ?Sto k Henley MaldenheaO rnham B: Tn Y . Th Wargra?'? S,. ? ?es o.? g indso r ?
?. - cP o ?
??
?hrtton ' S af n liat c e o:_ _ Be f ok n ]?
i? g ? New+ r tde m
- .
?
O ' hamps P I H + o o ?, o o 0 BeacQn
- ' Pilot Hi; re ? p,
.
ro y Everst B Q
lingtou mh ton ea,,a1:1,,, S Stjohn O in b rOUgh E O. ar ant t Bas i n gs t o ke ^B ana o? , n r?eo ers ot e° "o And e itC o S ish e oo ,.r1 ?ins G 't' ..?;-s FCy/? 1d Lecktord h dp ? Hf?lr,dhead toekbrid ge 'a' 1 o olbor ne y ?r ? pRopley,. ?
t chbome sts? or es ?r?v inc hes?oer i, o? .9 u O L s ` Fa Ilu?s 4 f ? a ° t .e ??ield ? ?
O ?`? o ° o LodsL p ur ?OWal r ham amb7ed %1 OHon I t :otley o;"S. O? p'h d :° v e? at a m Castl ? ? J. ` 1 tl tr.
J rtjer((r%d Z: * A' k aer;It*" ° o ' ???
lad Of c Iv i d 'Mlm 'bu Pu,,,r. j ? Wlc k wa r? ?Y e Gr a ,..irgy..er?' ? L°1. ? omerford .
"?
y? ? i ?' A?o?Ln?u Soddpury? f ?jt re Atz, ymney `i /- r aid'tff s Marlofl ?; I }1 in Gordan r m ?. eld leme U ? B r 1SO narth Clevedon „r tong ., .; t ton, Cbrs amo ?ooD `o Calne? lb ugh. .
o atlsea..Ash on ?o t ?. No Syn r am t n c k r Yatton O Chew W00]SPPIN4 AMa na Br`adford Melksha4zt °WestOn super O / Wilc er Mare Devrzes KP A See d Willow ?. ,?. .
rowbrl ge % agdon " $' e =',? ? iOCk ? ° V ? ^ ? ? ?
oE in tngb r ne hute r? O Kni hts t.M1 Chetida t O BG O Tilshead + E h t Mell. F ?. Westbury O S
?
o Din We hilt p ..
1 hbr a e° ? A Y 1' Sc g j el?l S With a m minstei orct d', rux{on -?S Sh pr;a?y, o t P.ur t bur 'to n G h St; n i r Y 9n ??' W ?'i,ongsto an.ringto o?q r 11C?Y to Brtd water I B^ Ditcheat ° Si! eet P Ot Kings ? onz y ? ndon RTeffoni t C, ?7Y'f_ ? R e' a r. +f tlJl; lYl'
' f? T onto° Wt l t on ? $alisbury h t ,? B ovi to i t c 2 ig T. cc _I Co mpton ` EvEV .,,„t,'?o? m ?' Wi canto` Gilljn am Y aritro d ? o lder b ur ?!. q DJU Chamb la ne ?
?C A cr -r- °SOm I'On La??'por ` OLo ? pa'r R ti do Nonh ? ie 1 °I/4z Sutton ?' Ch o S *Taunton °`, Chte S Juncli e s} t t 1
m Sl H i l1 t;wmm? Ro S ? artoclz;?°;:I:; lt prrle ' in ton Y OVtt: ],erbor iPorio? ?Maa he?F elt B oya} a e Oi,Hrc
B ? ,gJ pp a
Ch Ha ndtey:g,
BroadWay S outh O Montacute , - Btshops S t ?r i" hs ? oT ?amerham0 Ilm nst r Pethe?n Coaupol n ? F .i {ig ridg ?Eom tJ - ? N; Tarran O tm boter olt ? G rew ? ?S St N i thotas t `j ? 1 L ce n' S G? cs HaseI u Br e 7 i Ibste t ry ?? r oti Y ndh c B a Ri o Hythe prardo Broadwu?dSOr ? SMilt T o r cgm^e ? $cat 1 erne ° b AhDas es ° 7 r-? t ?'i"SYdlitg$LN?it otaso' Piddbasctreni;hide S?tt i sbury?a Wit Ttborn ... $ VN OFt .twkihur?h ,'etnerbu Ma ide n e ?` ll xb o, { ?y,r' ? t u "' " w t Xnjinster?? So let - - s d'1 h{ t. a 0
- ?
.'?', ,bo .lforA .?; jt I ste ` ' ti -?u+ ? ? r;de e r?. ? ?
? rs' °: '4St6 armout ewporC „? ?+ P oo ?
' ?'et, ? ? V ?'o?took?s,l eSk ham o h `u Br1 n NewC l 4 ',fteg, r,a, t Sha ? g o?to $Wanage WrOx a Dunnosenklin G L Wetl Po Is rtland C C 2 D E LongitudeWest I of Greenwich Ca r ?billy J
Slou o, ?
O boum ??
.
erh e o ?
ffen F A'(:R1TS X r ?.
cheste Bogno 0 ' ?4 L le of R misconduct, he is only checked-so far as ecclesiastical order is concerned-by his oath of canonical obedience to the " godly " monitions of his bishop; and, since these monitions are difficult and costly to enforce, while their " godliness " may be a matter of opinion, an incumbent is practically himself the interpreter of the law as applied to the doctrine and ritual of his particular church. The result has been the development within the Established Church of a most startling diversity of doctrine and ritual practice, varying from what closely resembles that of the Church of Rome to the broadest Liberalism and the extremest evangelical Protestantism. This broad comprehensiveness, which to outsiders looks like ecclesiastical anarchy, is the characteristic note of the Church of England; it may be, and has been, defended as consonant with Christian charity and suited to the genius of a people not remarkable for logical consistency; but it makes it all the more difficult to say what the religion of Englishmen actually is, even within the English Church.
The following is a list of the archiepiscopal and episcopal sees of England and Wales-the latter arranged in alphabetical order,-with date of their establishment and amount of Modern refoundation.
The following are suffragan or assistant bishoprics (the names of the dioceses to which each belongs being given in brackets): Dover, Croydon (Canterbury), Beverley, Hull, Sheffield (York), Stepney, Islington, Kensington (London), Jarrow (Durham), Guildford, Southampton, Dorking (Winchester), Barrow-inFurness (Carlisle), Crediton (Exeter), Grantham (Lincoln), Burnley (Manchester), Thetford, Ipswich (Norwich), Reading (Oxford), Leicester (Peterborough), Richmond, Knaresborough (Ripon), Colchester, Barking (St Albans), Swansea (St. David's), Woolwich, Kingston - on - Thames (Southwark), Derby (Southwell), St Germans (Truro). See also The Church Of England; Anglican Communion; Ecclesiastical Jurisdiction; Vestments; Mass.
The number of " denominations " by whom buildings were certified for worship up to 1895 was 293 (see list in Whitaker's Almanack, 1886, p. 252), but in many instances such denominations " consisted of two or three congregations only, in some cases of a single congregation. The more important nonconformist churches are fully dealt with under their several headings. The above table, however, based on that in the Statesman's Year-Book for 1908, and giving the comparative statistics of the chief nonconformist churches, may be useful for purposes of comparison. It may be prefaced by stating that, according to returns made in 1905, the Church of England provided sitting accommodation in parish and other churches for 7,177,144 people; had an estimated number of 2, 0 53,455 communicants, 206,873 Sunday-school teachers, and 2,538,240 Sunday scholars. There were 14,029 incumbents (rectors, vicars, and perpetual curates), 7500 curates, i.e. assistant clergy, and some 4000 clergy on the non-active list.
Besides the bodies enumerated in the table there are other churches concerning which similar statistics are lacking, but which, in several cases, have large numbers of adherents. The Unitarians are an important body with (1908) 350 ministers and 345 places of worship. Most numerous, probably, are the adherents of the Salvation Army, which with a semi-military organization has in Great Britain alone over 60,000 officers, and " barracks," i.e. preaching stations, in almost every town. The Brethren, generally known, from their place of origin, as the Plymouth Brethren, have " rooms " and adherents throughout England; the Catholic Apostolic Church ("Irvingites ") have some 80 churches; the New Jerusalem Church(Swedenborgians) had (1908) 75 " societies "; the Christian Scientists, the Christadelphians, the British Israelites and similar societies, such as the New and Latter House of Israel, the Seventh Day Baptists, deserve mention. The Latter Day Saints (Mormons) had (1908) 82 churches in Great Britain.
Roman Catholicism in England has shown a tendency to advance, especially among the upper and upper-middle classes. The published lists of " converts " are, however, no safe index to actual progress; for no equivalent statistics are available for " leakage " in the opposite direction. The membership of the Roman Catholic Church in England is estimated at about 2,200,000. But though the ' In 1906.
2 There are in addition some thousands of Presbyterians unconnected with the church, including members of the Church of Scotland.
3 Great Britain and Ireland, 1906.
4 On September 17, 1907, the United Methodist Free Churches, the Methodist New Connexion, and the Bible Christians were united under the name of the United Methodist Church.
growth of the church relatively to the population has not been particularly startling, there can be no doubt that, since the restoration of the Roman Catholic hierarchy in 1851, its general political and religious influence has enormously increased. A notable feature in this has been the great development of monastic institutions, due in large measure to the settlement in England of the congregations expelled from France. The Roman Catholic Church in England is organized in 15 dioceses, which are united in a single province under the primacy of the archbishop of Westminster. In December 1907 there were 1736 Roman Catholic churches and stations, and the number of the clergy was returned at 3524 (see Roman Catholic Church) .
The Jews in Great Britain, chiefly found in London and other great towns, number (1907) about 196,000 and have Jews. some 200 synagogues; at the head of their organization is a chief Rabbi resident in London.
Finally it may be mentioned that a small number of Englishmen, chiefly resident in Liverpool and London, have embraced Islam; they have a mosque at Liverpool. Various foreign churches which have numbers of adherents settled in England have also branch churches and organizations in the country, notably the Orthodox Eastern Church, - with a considerable number of adherents in London, Liverpool and Manchester, - the Lutheran, and the Armenian churches. (W. A. P.)
VIII. Industries
A] griculture. - In the agricultural returns for Great Britain, issued annually by the government, the area of England (apart from Wales) has been divided into two sections, " arable " and " grass," corresponding with a former division into " corn counties " and " grazing counties," except that Leicestershire is included not in the " grass " but in the " arable " section. Most of the eastern part of England is " arable," while the western and northern part is " grass," the boundary between the sections being the western limit of Hampshire, Berkshire, Oxfordshire, Warwickshire, Leicestershire, Nottinghamshire, and of the East Riding of Yorkshire.
The division is thus as follows: Grass Counties. Arable Counties. Yorkshire, East Riding. Lincolnshire.
Nottingham.
Rutland.
Huntingdonshire. Warwickshire. Leicestershire. Northamptonshire. Cambridgeshire.
Norfolk.
Suffolk.
Bedfordshire. Buckinghamshire. Oxfordshire.
Berkshire.
Hampshire.
Hertfordshire.
Essex.
Middlesex.
Surrey.
Kent.
Sussex.
The average area under cultivation of all the counties is about 76 of the whole area. The counties having the greatest area under cultivation (ranging up to about nine-tenths of the whole) may be taken to be - Leicestershire, the East Riding of Yorkshire, Lincolnshire, Huntingdonshire, Rutland, Northamptonshire, Bedfordshire and Cambridgeshire. Those with the smallest proportional cultivated area are Westmorland, Middlesex, Northumberland, Surrey, Cumberland, the North and West Ridings of Yorkshire, Lancashire, Durham and Cornwall. Geographical considerations govern these conditions to a very great extent; thus the counties first indicated lie almost entirely within the area of the low-lying and fertile Eastern Plain, while the smallest areas of cultivation are found in the counties covering the Pennine hill-system, with its high-lying uncultivated moors. In the case of Cornwall and Cumberland the physical conditions are similar to these; but in that of Middlesex and Surrey the existence of large urban areas belonging or adjacent to London must be taken into account. These also affect the proportion of cultivated areas in the other home counties. The presence of a widespread urban population must also be remembered in the case of Lancashire and the West Riding of Yorkshire.
The geographical distribution of the principal crops, &c., may now be followed. The grain crops grown in England consist almost Distribu- exclusively of wheat, barley and oats. Lincolnshire, of Norfolk, Suffolk, Essex, Cambridgeshire and the East tion . Riding of Yorkshire are especially productive in all crops these; the North and West Ridings of Yorkshire pro duce a notable quantity of barley and oats; and the oat-crops in the following counties deserve mention - Devonshire, Hampshire, Lancashire, Cumberland, Cornwall, Cheshire and Sussex. There is no county, however, in which the single crop of wheat or barley stands pre-eminently above others, and in the case of the upland counties of Cumberland, Westmorland and Derbyshire, the metropolitan county of Middlesex, and Monmouthshire, these crops are quite insignificant. In proportion to their area, the counties specially productive of wheat are Cambridgeshire, Huntingdonshire, Hertfordshire, Bedfordshire and Essex; and of barley, Norfolk, Suffolk and the East Riding of Yorkshire. In fruit-growing, Kent takes the first place, but a good quantity is grown in Cambridgeshire, Norfolk and Essex, in Worcestershire and other western counties, where, as in Herefordshire, Somerset and Devon, the apple is especially cultivated and cider is largely produced. Kent is again pre-eminent in the growth of hops; indeed this practice and that of fruit-growing give the scenery of the county a strongly individual character. Hop-growing extends from Kent into the neighbouring parts of Sussex and Surrey, where, however, it is much less important; it is also practised to a considerable degree in a group of counties of the midlands and west - Herefordshire, Worcestershire, Gloucestershire and Shropshire. Market-gardening is carried on most extensively on suitable lands in the neighbourhood of the great areas of urban population; thus the open land remaining in Middlesex is largely devoted to this industry. From the Channel and Scilly Islands, vegetables, especially seasonable vegetables, and also flowers which, owing to the peculiar climatic conditions of these islands, come early to perfection, are imported to the London market. Considering the crops not hitherto specified, it may be indicated that turnips and swedes form the chief green crops in most districts; potatoes, mangels, beans and peas are also commonly grown. Beyond the three chief grain crops, only a little rye is grown. The cultivation of flax is almost extinct, but it is practised in a few districts, such as the East and West Ridings of 'Yorkshire.
The counties in which the greatest proportion of the land is devoted to permanent pasture may be judged roughly from the list of " ` grass counties " already given. Derbyshire, Leicester- Live stock. shire, the midland counties generally, and Somersetshire, have the highest proportion, and the counties of the East Anglian seaboard the lowest. But with lands thus classified heath, moor and hill pastures are not included; and the greatest area of these are naturally found in the counties of the Pennines and the Lake District, especially in Northumberland, Cumberland, Westmorland and the North and West Ridings of Yorkshire. There is also plenty of hillpasture in the south-western counties (from Hampshire and Berkshire westward), especially in Devonshire, Cornwall and Somersetshire, and also in Monmouthshire and along the Welsh marches, on the Cotteswold Hills, &c. In all these localities sheep are extensively reared, especially in Northumberland, but on the other hand in Lincolnshire the numbers of sheep are roughly equal to those in the northern county. Other counties in which the numbers are especially large are Devonshire, Kent, Cumberland and the North and West Ridings of Yorkshire. Cattle are reared in great numbers in Lincolnshire, Lancashire and the West Riding of Yorkshire, Devonshire, Somersetshire and Cornwall; but the numbers of both cattle and sheep are in no English county (save Middlesex) to be regarded as insignificant. Pigs are bred most extensively in Suffolk, Norfolk and Lincolnshire and in Somersetshire.
It is often asserted that the scenery of rural England is of its kind unrivalled. Except in open lands like the Fens, the peculiarly rich appearance of the country is due to the closely-divided Wood- fields with their high, luxuriant hedges, and especially lands. to the profuse growth of trees. There is not, however, any large continuous forested tract. Certain areas still bear the name of forest where there is now none; the term here possesses an historical significance, in many cases indicating former royal gamepreserves. Great areas of England were once under forest. The clearing of land for agricultural purposes, the use of wood for the prosecution of the industries of an increasing population, and other causes, have led to the gradual disforesting of large tracts. There are still, however, some small well-defined woodland areas. The New Forest in Hampshire, the Forest of Dean in Gloucestershire, and Epping Forest, which is preserved as a public recreation-ground by the City of London, are the most notable instances. The counties comprising the greatest proportional amount of woodland fall into two distinct groups - Hampshire, Surrey, Sussex and Kent, with Berkshire and Buckinghamshire; Monmouth, Herefordshire and Gloucestershire. Cambridgeshire, lying almost wholly within the area of the Fens, has the smallest proportional area of woodland of any English county.
The number of persons engaged in agriculture in England and Wales was found by the census of 1901 to be 1,192,167; the total showing a steady decrease (e.g. from 1,352,389 in 1881), which is especially marked in the case of females. But the decrease lies mainly in the number of agricultural labourers; the number of farmers is not notably affected, and the increasing substitution of machinery for manual labour must be taken into consideration. The average size of holdings in England may be taken approximately as 66 acres, the average in 1903 being 66.1, whereas in 1895 it was 65.3.
(See also the article Agriculture.) Northumberland.
Cumberland. Durham.
Yorkshire, North and West Ridings. Westmorland.
Lancashire. Cheshire.
Derbyshire. Staffordshire. Shropshire. Worcestershire.
Herefordshire. Monmouthshire.
Gloucestershire.
Wiltshire. Dorsetshire. Somersetshire. Devonshire. Cornwall.
Continuation North, Section 2.
o C; fgoN t °n p ? ?'c e.t ?a ? T o ? m q t?je SQB Iv .
Hplrr ei--t o eQ ?g?the? 0° s ?' ?a ?5a. er+o`loxttnoSea Q?
a G' Shertngham s' 0(Burnha D Huns nton Westga - am0 ?romer ? ?
St1Ed dSDoelti g I O O 0 North.
Ishatn 53 ..?m?
to 'r ?'" o ?6(w_ 3t? f?1 y° ?'i p gt 0 ugh o .'gb bDentan' C .P th. ?./ ?Witbam m ham
S e (O E.?
rttle th assinghamo M ham nEas L ham in st Gastle r e 0 Acre at Dereha rt 'ck O ihp Market' efcken amSaha0 m kejerry ,r/'1'oney ?. ,??
t?ic ,RP :.?? O .,Ct?
S. Su. t n". sLGiis` on Reep "' G_ !?i oExt n y p nghamo .'SCa. for ??
G r,: ?
e ingham0 armouth owestoft ovehithe :'?.
ping '.
1 _.? -'-ad v axte.r_ uib onRodeOken F t -A O 52 'n n ytntin do ?' Higham'. Hrampton0 1 erie?s ? ?
. hlra?sto H U"NTT ?! ? C H St - { ,r. o B borog, ?° I'ti e er0(A f t ? p ({ } ateb?h 6GreaY '??IS vo ?
JO i;l Or ? ?? ???t Brandon r 1: i ?ut ` Thetfo.
- ,' ld Ho? ow: Mildenhall I e n y re stt nr wortt ?Ly ! a p zo ? O -s..,_,,,,? Creaf?? ?
?d d GransdelQ.,? ?
Gr Bedf5'd4. !/ - *?
~ otton 'CLl xf Pagn??ll igglest?a e OD oE D F 0 c ?
1(/?hi Sh f f ord - o'°kle d o ?eb >, ?y pt{lp h S d n? Settatford ? ?Ath ? o oblirn
?^ ?r,,,((C??
Wes toni g: S
- OPirt ?O/ ?
OC arfington Hitchi' Ov B cc ring Southwold Eye ?
??
`` °1 dmanch t u ersP Qh?m ,..,Mt11s haht Sa SW f'1.
xto on t. Nwdt?s r ?
a ham ham o Ha ds S E Everard .? 0 °Caxto(i ? u,r ??r
H?wstead.
St Witla e ` Ohall Neei a e C/ ? I nh 'il
e u.X.Treg ' i p 4 ve hill omZ ti; elton ord Orford Ness ., 'Clar tt Sudb ?
Had leigh ald?n "'
- + R
G ea I al tea Nayl E ?
Baldock'„, c Buntingforda e 0 illin
`
n t?ddington: uzzard ! Stevenage liuto anstableo - ?
,
.,Ca dd3? 6n °01, °Ivingtib?
- Hpende%N H
" OLittie ?, ? e Manning ee B df id Dhnmowa Lin' slade - t
t'??, n iiemw Berkhampstea 9 Che am'.. Langt y O x?? ?:: .r: .Watfo ..
illerica (?
p' R D _ = ta rt or C` it t tfield a B°r;ad0?
desdo? O rox oume 1 oCh$ltn?ford ? 111 f rd he EPP g' .
Abbe-y ? } ?
nfie _ ° " ?4 ,< gat a ? S?
e (elf _ 2 i L po.: ? k ? y?','The Naze Clacton Brai tree t ' ho -?o Q Kelvedo: ? ? ? :ti^ in Br ght itham T p'tteshu D'ArcjO .
j ?? Mal. on'o? ? Cpsea / ? ?/ nP(P o
. R. .L .
0 e for.
u o ors unt wi y.
Arllershan o chfor?
aylet h'? O
, FoP ?
Leigh ritnew t` ^Soh + ee Sandsl" °BulpharJ ?
n "?T ' So ? li tien.?O hoeburyness 0 - ey`- O n-Sea-,,,-ShoeburyiVess lGuciyc ....... ? T 1,:r`"atM 5"t s c ° of ?? o?r: ? ? llhailo o? O h ?-"i' Rick ails
eStan stow ° .r orestF?omf04 6 ?
earn ..,.t?.¦??:.
30 indsor? >~ SytiRE?y o, rpini?
ter wing hamCi a 0St ? Od, „ .; islet?oof i ?a??
art Foreland Peters Broadstairs Ramsgate ?Lea clien - r -t.Ma rav Ra nh .o pewin ton Fave ? ?ittingbo? ? rsu ht eto Har e„n Chi;ham?o a tton E?l rhead :o n Rel ate Ri plcy ? att a r ?orG{in. .r/ 11 WonerSf t +i?° $ Lei od .
i: }h`Ohley? ? ?. !.I?;. f 51: "?Cra1v e _ hi es allingME alli?
dwich The °Sands 1Deal cif/ almer gwould South Foreland pb o urtcnha l " Ea's i T:?n rinste ?.
`` ?
0 hu.t, n ou,thborou a Cheriton ?
ll 1y.
ri ^hterfiel 0 ?tAsh. .1 re. oy u -c f ' eSt O d t .., a ath :i ?
?
ia ti' es typ arst _ JP" a i;He U g y Ar itndel??
t, .
iS i'a ,.i? °?i?.
o ?' ?6° ??"?'o ? 1,1*- ? ? 1 0 r' ?? ? t?
b '3t? C. '? o?
ti,? `N (` ? N 70 ? f 00 $? `. ° ? ?
?? ?? ??
sw l Cow Sang at S vesey/ O Hooe €?15 ?
0 ?6 a_ ? East h,//
Boulogn Head Longitonle East t' of Greenwich Long. W. O°30' of Greenwich Fisheries. - All the seas round Britain are rich in fish, and there are important fishing stations at intervals on all the English coasts, but those on the east coast are by far the most numerous. Sea On an estimate of weight and value of the fish landed, fisheries. Grimsby at the mouth of the Humber in Lincolnshire, stands pre-eminent as a fishing port. For example, the fish landed there in 1903 were of nearly four times the value of those landed at Hull, which was the second in order of all the English stations. Next in importance stand Lowestoft, Yarmouth and North Shields, Boston and Scarborough, and, among a large number of minor fishing stations, Hartlepool and Ramsgate. Great quantities of fish are also landed at the riverside market of Billingsgate in London, but the conditions here are exceptional, the landings being effected by carrier steamers, plying from certain of the fishing fleets, and not taking part in the actual process of fishing. On the south coast Newlyn ranks in the same category with Boston; at Plymouth considerable catches are landed; and Brixham ranks alongside the last ports named on the east coast. The chief fishing centres of the English Channel are thus seen to belong to the coast of Devonshire and Cornwall. On the west coast the Welsh port of Milford takes the first place, while Swansea and Cardiff have a considerable fishing industry, surpassed, however, by that of Fleetwood in Lancashire. Liverpool also ranks among the more important centres. As a comparison of the production of the east, south and west coast fisheries, an average may be taken of the annual catches recorded over a term of years. In the ten years 1894-1903 this average was 6,985,588 cwt. for the east coast stations, 669,759 cwt. for those of the south coast, and 884,932 for those of the west (including the Welsh stations).
Distinctions may be drawn, as will be seen, between the nature and methods of the fisheries on the various coasts, and the relative prosperity of the industry from year. to year cannot be considered as a whole. Thus in the period considered the recorded maximum weight of fish landed at the east coast ports was 9,539, 11 4 cwt. in 1903 (the value being returned as £5,721,105) , whereas on the south coast it was 736,599 cwt. in 1899, and on the west 1,117,164 cwt. in 1898. Considered as a whole, the individual fish, by far the most important in the English fisheries, is the herring, for which Yarmouth and Lowestoft are the chief ports. The next in order are haddock, cod and plaice, and the east coast fisheries return the greatest bulk of these also. But whereas the south coast has the advantage over the west in the herring and plaice fisheries, the reverse is the case in the haddock and cod fisheries, haddock, in particular, being landed in very small quantities at the south coast ports. Mackerel, however, are landed principally at the southern ports, and the pilchard is taken almost solely off the south-western coast. A fish of special importance to the west coast fisheries is the hake. Among shell-fish, crabs and oysters are taken principally off the east coast; the oyster beds in the shallow water off the north Kent and Essex coasts, as at Whitstable and Colchester, being famous. Lobsters are landed in greatest number on the south coast.
The number of vessels of every sort employed in fishing was returned in 1903 as 9721, and the number of persons employed as 41,539, of whom 34,071 were regular fishermen. The development of the steam trawling-vessel is illustrated by the increase in numbers of these vessels from 480 in 1893 to 1135 in 1903. They belong chiefly to North Shields, Hull, Grimsby, Yarmouth and Lowestoft. There are a considerable number on the west coast, but very few on the south. These vessels have a wide range of operations, pursuing their work as far as the Faeroe Islands and Iceland on the one hand, and the Bay of Biscay and the Portuguese coast on the other.
The English freshwater fisheries are not of great commercial importance, nor, from the point of view of sport, are the salmon and trout fisheries as a whole of equal importance with Fresh- those of Scotland, Ireland or Wales. The English salmon water and trout fisheries may be geographically classified thus: fisheries. (I) North-western division, Rivers Eden, Derwent, Lune, Ribble; (2)North-eastern, Coquet, Tyne, Wear, Tees, &c.; (3) Western, Dee, Usk, Wye, Severn; (4) South-western, Taw, Torridge, Camel, Tamar, Dart, Exe, Teign, &c.; (5) Southern, Avon and Stour (Christchurch) and the Itchin and other famous trout streams of Hampshire. The rivers of the midlands and east are of little importance to salmon-fishers, though the Trent carries a few, and in modern times attempts have been made to rehabilitate the Thames as a salmon river. The trout-fishing in the upper Thames and many of its tributaries (such as the Kennet, Colne and Lea) is famous. But many of the midland, eastern and south-eastern rivers, the Norfolk Broads, &c., are noted for their coarse fish.
The Administrative County
The administrative county includes all places within its area, with two important exceptions. The first of these consists of the county borough. The second is the quarter sessions borough, which forms part of the county for certain specified purposes only. But the county includes all other places, such as liberties and franchises, which before 1888 were exempt from contribution to county rate. For each administrative county a county council is elected. For purposes of election the entire county is divided into divisions corresponding to the wards of a municipal borough, and one councillor is elected for each electoral division.
The electors are the county electors, i.e. in a borough the persons enrolled as burgesses, and in the rest of the county the persons who are registered as county electors, i.e. those persons who possess in a county the same county ualification as bur esses must have in a borou h qua g g, and are registered.
The qualification of a burgess or county elector is substantially the occupation of rated property within the borough or county, residence during a qualifying period of twelve months within the borough or county, and payment of rates for the qualifying property. A person so qualified is entitled to be enrolled as a burgess, or registered as a county elector (as the case may be), unless he is alien, has during the qualifying period received union or parochial relief or other alms, or is disentitled under some act of parliament such as the Corrupt Practices Act, the Felony Act, &c. The lists of burgesses and county electors are prepared annually by the overseers of each parish in the borough or county, and are revised by the revising barrister at courts holden by him for the purpose in September or October of each year. When revised they are sent to the town clerk of the borough, or to the clerk of the peace of the county, as the case may be, by whom they are printed. The lists are conclusive of the right to vote at an election, although on election petition involving a scrutiny the vote of a person disqualified by law may be struck off, notwithstanding the inclusion of his name in a list of voters.
The qualification of a county councillor is similar to that required of a councillor in a municipal borough, with some modifications. A person may be qualified in any one of the following ways: viz. by being (1) enrolled as a county elector, and possessed of a property qualification consisting of the possession of real or personal property to the amount of £1000 in a county having four or more divisions, or of £500 in any other county, or the being rated to the poor rate on an annual value of £30 in a county having four or more divisions, or of £15 in any other county; (2) enrolled in the non-resident list, and possessed of the same property qualification (the non-resident list contains the names of persons who are qualified for enrolment in all respects save residence in the county or within 7 m. thereof, and are actually resident beyond the 7 m. and within 15 m.); (3) entitled to elect to the office of county councillor (for this qualification no property qualification is required, but the office of a councillor elected on this qualification only becomes vacant if for six months he ceases to reside within the county); (4) a peer owning property in the county; (5) registered as a parliamentary voter in respect of the ownership of property in the county. Clerks in holy orders and ministers of religion are not disqualified as they are for being borough councillors, but in other respects the persons disqualified to be elected for a county are the same as those disqualified to be elected for a borough. Such disqualifications include the holding of any office or place of profit under the council other than the office of chairman, and the being concerned or interested in any contract or S rn ?' T 6a??C ?? er ogl S Stia Qo;nt ? °?Birk s m ark et O W Nes?to ' dla Hotywello HE ,IRE n a'gt Caertuys ?o Q a °? ?a>> $? ?? ? 4°tt - ?do ??? y1 0 8d " 6 Holy Island o`?
L1atYerghy>rne OBodede N?Gt -go^ch0 „?traet E SFE Y r? gY ?1?eaumaris p Ll nt tJlenae Or Bethesda O a >°c`°' B¢ea/i
- kJ :. r Clv t ? ?t/C?yt ` ar. awr c '
r?O'rFO° Llanbns-?- ?r!4r '?e - igaiu Srab? saph: o i ? ? ? .
t, ?.';, ? O Ha k? .??, nnahs ua L . ?
`3OB ck ` ryiidyn o C aGig Cyr ` ? a ? ' ?'L ? -. .f? ?? L e s o la ?? .?1°?t3ti ra"` WreX ? Br a in G' ? r M wrel$o SlIanerhrugbg? t vr9 ianf' iktn>; 0 Llatdieo Tat cram ° Carnaruon nf? 'e4 ' l wi'St ttiitt glyn ? GYftYllio g 'R g ? t` ??
r ' Mol thin m Llanr, - d'v i ulfb p S ° °9fil1e? Bay ll c t ' LY Q " yy be Pony. r.
r:? a, i? ? ?,,?'?' 4 u "- .A.- c _ 7? (?C a o? .
o ?e? o/any Arenig. 0 ° .. o 1 G? o?1 Yt11? ? tiv?' ? ,:f, ? Y ? g S) :, ? a O 8 ? (Cei??.? ? i ?, ?? Yn- a?
M ?a ant r °r t at ?" ? ~ rid ' - o?. ?°,};iman{. ...:" ?:??: ` .??Llarife,, t;Vyr`nal y'
oLlanwddyn i / R, - ?I?anfyllinchain '? -dl LSan Lianabe ?%?? 'o ? ? ?' Llw Barmout17 Barmouth e ?
?
a Llanfair- '/ em ii I t /? /r t /au?'l w;r +?,.% l7 O 1 ai ?
Towy an tr Machynlleth R e j o ' h i J l r O L ; en on. C(trn " ??re,st. lanililoe? t, ye rt, F relti rernadoc 0.. 'roMaemwrog ? ?en?h W nI ?.Trw a 9 h?bell 1 ?jr' i Os 'ho bedr t fawddwy,;,La T ?orr
Aberdo o'
-- r't ?y?iortn P Llan ??
"' 'i rjaes ? ??H lf > ? "...3'LI r ? 1 C `dn a' n0r?9 N' O L.
Ne?v RaSinor tF ?.
. ... e S %f t orw g .
ychaia -y +e ?` Llanddeini o? -. 0 0 p un' ystwyt ,t;...
Yswyth i(}minqha ? h11?-?ater-orks nikhtoY?wtl Rha er Nobo Ca??'?° Cilce?
°?
?' R.c: ?
eign LI O Gro a n?. e w n b WYC ' wr c ' ?i } t ?
et ..?" 7egaron ? Llannddew - ? °Btefi ?° ';'r l: ' B t .R ? 1- .
`?a11?a.
og La landyssfl aen o Cardi'ga°t?C ?„ cJr; es ? Rar ?s/i Q..)??r Strumble °6. ` s Nevern Newpp p ua h ltey i yt i Llanllwni ?, ?
, hh Gl ?
,;IyRL?Pencad entio t M - ??If o 0 Llan il- °,? L3$'nfynya?d ? ° ov ans ., l /05 e r t 0 n'..
?avid P 'd8 .?
t `,,,r 1C4alwy; d ' ?to`e Iii d enny p A O awen C° ? 1 A?
f Gvvil arthen Opp?CAS t? Lla OS an t 1 d 16°f? ? ?d ° w `k ?
0 0
- r^X?4.oC?m11 Ll?ngy of C ende^rgast averfo / ff ¢rdPontangyndeyrWf ?gF o ?y V ell'?
la L Atze, ederi °r' T?eherbert Pa c o - -todw to?
tenby brok Je Liar, 1, ??
ord .Q - e 0 Wordy e1L°.? ao `v„ irehar s. .; Llanharano Llanh fiidgend ` typrl ?
'rlr e g r Mae'steg Kam pend la Y o S r, 30 Porthca 0 lfracombe u e: 3 ° 3 0 s F Emery A Longitude West5° of Gi-cenwich B 4f 30 4° Continuation South, 6, employment with, by or on behalf of the council. Women, other than married women, are eligible.
County councillors are elected for a term of three years, and at the end of that time they retire together. The ordinary day of election is the 8th March, or some day between the 1st and 8th March fixed by the council. Candidates are nominated in writing by a nomination paper signed by a proposer and seconder, and subscribed by eight other assenting county electors of the division; and in the event of there being more valid nominations than vacancies a poll has to be taken in the manner prescribed by the Ballot Act 1872. Corrupt and illegal practices at the election are forbidden by a statute passed in the year 1894, which imposes heavy penalties and disqualifications for the offences which it creates. These offences include not only treating, undue influence, bribery and personation, but certain others, of which the following are the chief. Payment on account of the conveyance of electors to or from the poll; payment for any committee room in excess of a prescribed number; the incurring of expenses in and about the election beyond a certain maximum; employing, for the conveyance of electors to or from the poll, hackney carriages or carriages kept for hire; payments for bands, flags, cockades, &c.; employing for payment persons at the election beyond the prescribed number; printing and publishing bills, placards or posters which do not disclose the name and address of the printer or publisher; using as committee rooms or for meetings any licensed premises, or any premises where food or drink is ordinarily sold for consumption on the premises, or any club premises where intoxicating liquor is supplied to members. In the event of an illegal practice, payment, employment or hiring, committed or done inadvertently, relief may be given by the High Court, or by an election court, if the validity of the election is questioned on petition; but unless such relief is given (and it will be observed that it cannot be given for a corrupt as distinguished from an illegal practice), an infringement of the act may void the election altogether. The validity of the election may be questioned by election petition. Indeed, this is the only method when it is sought to set aside the election on any of the usual grounds, such as corrupt or illegal practices, or the disqualification of the candidate at the date of election. Election petitions against county councillors and members of other local bodies (borough councillors, urban and rural district councillors, members of school boards and boards of guardians) are classed together as municipal election petitions, and are heard in the same way, by a commissioner who must be a barrister of not less than fifteen years' standing. The petition is tried in open court at some place within the county, the expenses of the court being provided in the first instance by the Treasury, and repaid out of the county rates, except in so far as the court may order them to be paid by either of the parties. If a candidate is unseated a casual vacancy is created which has to be filled by a new election. A county councillor is required to accept office by making and subscribing a declaration in the prescribed form that he will duly and faithfully perform the duties of the office, and that he possesses the necessary qualification. The declaration may be made at any time within three months after notice of election. If the councillor does not make it within that time, he is liable to a fine the amount of which, if not determined by bye-law of the council, is £25 in the case of an alderman or councillor, and £50 in the case of the chairman. Exemption may, however, be claimed on the ground of age, physical or mental incapacity, previous service, or payment of the fine within five years, or on the ground that the claimant was nominated without his consent. If during his term of office a member of the council becomes bankrupt, or compounds with his creditors, or is (except in case of illness) continuously absent from the county, being chairman for more than two months, or being alderman or councillor for more than six months, his office becomes vacant by declaration of the council. In the case of disqualification by absence, the same fines are payable as upon non-acceptance of office, and the same liability arises on resignation. Acting without making the declaration, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, involves liability to a fine not exceeding X50, recoverable by action.
The councillors who have been elected come into office on the 8th March in the year of election. The first quarterly meeting of Chairman, the newly-elected council is held on the 16th or on such, Ch other day within ten days after the 8th as the county council may fix. The first business at that meeting is the election of the chairman, whose office corresponds to that of the mayor in a borough. He is elected for the ensuing year, and holds office until his successor has accepted office. The chairman must be a fit person, elected by the council from their own body or from persons qualified to be councillors. He may receive such remuneration as the council think reasonable. He is by virtue of his office a justice of the peace for the county. Having elected the chairman, the meeting proceeds to the election of aldermen, whose number is one-third of the number of councillors, except in London, where the number is one-sixth. An alderman must be a councillor or a person qualified to be a councillor. If a councillor is elected he vacates his office of councillor, and thus creates a casual vacancy in the council. In every third year one-half of the whole number of aldermen go out of office, and their places are filled by election, which is conducted by means of voting papers. It will be observed, 429 therefore, that while a county councillor holds office for three years, a county alderman holds office for six. The council may also appoint a vice-chairman who holds office during the term of office of the chairman; in London the council have power to appoint a paid deputy chairman.
It may be convenient at this point to refer to the officers of the county council. Of these, the chief are the clerk, the treasurer, and the surveyor. Before 1888 the clerk of the peace Officers. was appointed in a county by the custos rotulorum. He held office for life during good conduct, and had power to act by a sufficient deputy. Under the act of 1888 existing clerks of the peace became clerks of the councils of their counties, holding office by the same tenure as formerly, except in the county of London, where the offices were separated. Thereafter a new appointment to the offices of clerk of the peace and clerk of the county council was to be made by the standing joint-committee, at whose pleasure he is to hold office. The same committee appoint the deputyclerk, and fix the salaries of both officers. The clerk of the peace was formerly paid by fees which were fixed by quarter sessions, but he is now generally, if not in every case, paid by salary, the fees received by him being paid into the county fund. The county council may also employ such other officers and servants as they may think necessary.
Subject to a few special provisions in the Local Government Act of 1888, the business of the county council is regulated by the provisions laid down in the Municipal Corporations Act Business. 1882, with regard to borough councils. There are four quarterly meetings in every year, the dates of which may be fixed by the council, with the exception of that which must be held on the 16th March or some day within ten days after the 8th of March as already noticed 'when treating of elections. Meetings are convened by notices sent to members stating the time and place of the meeting and the business to be transacted. The chairman, or in his absence the vice-chairman, or in the absence of both an alderman or councillor appointed by the meeting, presides. All questions are determined by the votes of the majority of those present and voting, and in case of equality of votes the chairman has a casting vote. Minutes of the proceedings are taken, and if signed by the chairman at the same or the next meeting of the council are evidence of the proceedings. In all other respects the business of the council is regulated by standing orders which the council are authorized to make. Very full power is given to appoint committees, which may be either general or special, and to them may be delegated, with or without restrictions or conditions, any of their powers or duties except that of raising money by rate or loan. Power is also given to appoint joint-committees with other county councils in matters in which the two councils are jointly interested, but a joint-committee so appointed must not be confounded with the standing joint-committee of the county council and the quarter sessions, which is a distinct statutory body and is elsewhere referred to. The finance committee is also a body with distinct duties.
In order to appreciate some of the points relating to the finance of a county council, it is necessary to indicate the relations between an administrative county and the boroughs which are locally situated within it. The act of 1888 Relation of created a new division of boroughs into three classes; countyborou g hs to of these the first is the county borough. A certain number of boroughs which either had a population of not less than 50,000, or were counties of themselves, were made counties independent of the county council and free from the payment of county rate. In such boroughs the borough council have, in addition to their powers under the Municipal Corporations Act 1882, all the powers of a county council under the Local Government Act. They are independent of the county council, and their only relation is that in some instances they pay a contribution to the county, e.g. for the cost of assizes where there is no separate assize for the borough. The boroughs thus constituted county boroughs enumerated in the schedule to the Local Government Act 1888 numbered sixty-one, but additional ones are created from time to time.
The larger quarter sessions boroughs, i.e. those which had, according to the census of 1881, a population exceeding 10,000, form part of the county, and are subject to the control of the county council, but only for certain special purposes. The reason for this is that while in counties the powers and duties under various acts were entrusted to the county authority, in boroughs they were exercised by the borough councils. In the class of boroughs now under consideration these powers and duties are retained by the borough council; the county council exercise no jurisdiction within the borough in respect of them, and the borough is not rated in respect of them to the county rate. The acts referred to include those relating to the diseases of animals, destructive insects, explosives, fish conservancy, gas meters, margarine, police, reformatory and industrial schools, riot (damages), sale of food and drugs, weights and measures. But for certain purposes these boroughs are part of the county and rateable to county rate, e.g. main roads, cost of assizes and sessions, and in certain cases pauper lunatics. The county councillors elected for one of these boroughs may not vote on any matter involving expenditure on account of which the borough is not assessed to county rate.
The third class of boroughs comprises those which have a separate court of quarter sessions, but had according to the census of 1881 a population of less than 10,000. All such boroughs form part of the county for the purposes of pauper lunatics, analysts, reformatory and industrial schools, fish conservancy, explosives, and, of course, the purposes for which the larger quarter sessions boroughs also form part of the county, such as main roads, and are assessed to county rate accordingly. And in a borough, whether a quarter sessions borough or not, which had in 1881 a population of less than io,000, all the powers which the borough council formerly possessed as to police, analysts, diseases of animals, gas meters, and weights and measures cease and are transferred to the county council, the boroughs becoming in fact part of the area of the county for these purposes.
It will be seen, therefore, that for some purposes, called in the act general county purposes, the entire county, including all boroughs other than county boroughs, is assessed to the county rate; while for others, called special county purposes, certain boroughs are now assessed. This explanation is necessary in order to appreciate what has now to be said about county finance. But before leaving the consideration of the area of the county it may be added that all liberties and franchises are now merged in the county and subject to the jurisdiction of the county council.
The county council is a body corporate with power to hold lands. Its revenues are derived from various sources which Finance. will presently be mentioned, but all receipts have to F be carried to the county fund, either to the general county account if applicable to general county purposes, or to the special county account if applicable to special county purposes. The county council may, with the consent of the Local Government Board, borrow money on the security of the county fund or any of its revenues, for consolidating the debts of the county; purchasing land or buildings; any permanent work or other thing, the cost of which ought to be spread over a term 'of years; making advances in aid of the emigration or colonization of inhabitants of the county; and any purpose for which quarter sessions or the county council are authorized by any act to borrow. If, however, the total debt of the council will, with the amount proposed to be borrowed, exceed onetenth of the annual rateable value of the property in the county, the money cannot be borrowed unless under a provisional order made by the Local Government Board and confirmed by parliament. The period for which a loan is made is fixed by the county council with the consent of the Local Government Board, but may not exceed thirty years, and the mode of repayment may be by equal yearly or half-yearly instalments of principal or of principal and interest combined, or by means of a sinking fund invested and applied in accordance with the Local Government Acts. The loans authorized may be raised by debentures or annuity certificates under these acts, or by the issue of county stock, and in some cases by mortgage.
The county council must appoint a finance committee for regulating and controlling the finance of the county, and the council cannot make any order for the payment of money out of the county fund save on the recommendation of that committee. Moreover, the order for payment of any sum must be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council, and countersigned by the clerk. The order is directed to the county treasurer, by whom authorized payments are then made.
The accounts of the receipts and expenditure of the county council are made up for the twelve months ending the 31st March in each year, and are audited by a district auditor. The form in which the accounts must be made up is prescribed by the Local Government Board. The auditor is a district auditor appointed by the Local Government Board under the District Auditors Act 1879, and in respect of the audit the council is charged with a stamp duty, the amount of which depends on the total of the expenditure-comprised in the financial statement. Before each audit the auditor gives notice of the time and place appointed, and the council publish the appointment by advertisement. A copy of the accounts has to be deposited for public inspection for seven days before the audit. The auditor has the fullest powers of investigation; he may require the production of any books or papers, and he may require the attendance before him of any person accountable. Any owner of property or ratepayer may attend the audit and object to the accounts, and either on such objection or on his own motion the auditor may disallow any payment and surcharge the amount on the persons who made or authorized it. Against any allowance or surcharge appeal lies to the High Court if the question involved is one of law, or to the Local Government Board, who have jurisdiction to remit a surcharge if, in the circumstances, it appears to them to be fair and equitable to do so. It will be seen that this is really an effective audit.
The sources of revenue of the council are the exchequer contribution, income from property and fees, and rates. Before 1888 large grants of money had been made annually to local authorities in aid of local taxation. Such grants repre- Revenue of sented a contribution out of taxation for the most part ty arising out of property other than real property, while co uncil. local taxation fell on real property alone. By the act of 1888 it was provided that for the future such annual grants should cease, and that other payments should be made instead thereof. The commissioners of Inland Revenue pay into the Bank of England, to an account called " the local taxation account," the sums ascertained to be the proceeds of the duties collected by them in each county on what are called local taxation licences, which include licences for the sale of intoxicating liquor, licences on dogs, guns, establishment licences, &c. The amount so ascertained to have been collected in each county is paid under direction of the Local Government Board to the council of that county. The commissioners of Inland Revenue also pay into the same account a sum equal to i 2% on the net value of personal property in respect of which estate duty is paid. Under the Local Taxation (Customs and Excise) Act 1890, certain duties imposed on spirits and beer (often referred to as " whisky money ") are also to be paid to " the local taxation account." The sums so paid in respect of the duties last above mentioned, and in respect of the estate duty and spirits and beer additional duties, are distributed among the several counties in proportion to the share which the Local Government Board certify to have been received by each county during the financial year ending the 31st March 1888, out of the grants theretofore made out of the exchequer in aid of local rates. The payments so made out of " the local taxation account " to a county council are paid to the county fund, and carried to a separate account called " the Exchequer contribution account." The money standing to the credit of this account is applied: (i.) in paying any costs incurred in respect thereof or otherwise chargeable thereon; (ii.) in payment of the sums required by the Local Government Act 1888 to be paid in substitution for local grants; (iii.) in payment of the new grant to be made by the county council in respect of the costs of union officers; and (iv.) in repaying to " the general county account " of the county fund the costs on account of general county purposes for which the whole area of the county (including boroughs other than county boroughs) is liable to be assessed to county contribution. Elaborate provision is made for the distribution of the surplus (if any), with a view to securing a due share being paid to the quarter sessions boroughs.
The payments which the county council have to make in substitution for the local grants formerly made out of Imperial funds include payments for or towards the remuneration of the teachers in poorlaw schools and public vaccinators; school fees paid for children sent from a workhouse to a public elementary school; half of the salaries of the medical officer of health and the inspector of nuisances of district councils; the remuneration of registrars for births and deaths; the maintenance of pauper lunatics; half of the cost of the pay and clothing of the police of the county, and of each borough maintaining a separate police force. In addition to the grants above mentioned, the county council is required to grant to the guardians of every poor-law union wholly or partly in their county an annual sum for the costs of the officers of the union and of district schools to which the union contributes. Another source is the income of any property belonging to the council, but the amount of this is usually small. The third source of revenue consists of the fees received by the different officers of the county councils or of the joint-committee. For example, fees received by the clerk of the peace, inspectors of weights and measures, and the like. These fees are paid into the county fund, and carried either to " the general county account " or, if they have been received in respect of some matter for which part only of the county is assessed, then to the special account to which the rates levied for that purpose are carried. The remaining source of income of a county council is the county rate, the manner of levying which is hereafter stated.
0* Continuation North, Section Continuation North, Section S. 0 H z¦jo'.
G F 3° 3°30' 430 15 Oh Hag e Llantw itts ble :xicr, KeYns ‘%:*ca:7:7 °° d olerneo) y a g B r i s y Q <y 'ro y r ? o P c o p ? r Bridgwater Bree, Bay 8 ehlK B p e c r C% A, Imcrsdon e+53.
55 e 5 Perm t g
h hn ?: e dVtwjiey r C Guernsey Ro 49 the l
I,, A ,?" T(merscomti ?.f/l°?, ' '? ,wurys !; o; e ` ` o r? p ?lon 8rechou. °For r ' "a o 3^?? e or s^ do r La s y ou El Baggy pple ?t d °l. siese"t?+tbaswn A Ge Barnstaple Br, nun' l o r) - ` .- r tO wh..." it M e;, n:f:e n t t o gw o ngsb Good 4 {) .a s t ndKe} / B o d mbride Y0t hittletiampon Maocltrel ngto .
olto tvtolian?il. o? '?" ?Fnste .+°oMoieb$ lay angc: ? -Pa or?lli?
0 6 St:Maryo S t .ou o Je,rs o St.Brel <?m Yascombe D...
rv ndcra.
Eab kha Channel Islands Same Scale ilk: y Bu g?tOrKi'n6's ymPton(Aackenfor oChaw eigleigh h ?/ o l tl o wnRillB Curl.n? B .....
omb ROgus ' ?c kl and Donyati r St ort Welcol s C ?ad B r¢ 55' Bade Bay s 2° to A hre s a ° bwo ford Bay A Bide B+°^? t ? ??, teombe Nettle F +e yPa-N+1l.N *'+R Slueumber'??r aC I°nh s 1 E gy jj l '° ° o e^M dc pford? Morchard ennerl wfr' ary ef?
t.Petrock y wock eneisbear ulJonip D al ombe o 0 ?r6 y wePly ?
r ne n er o. °Gittishatp 1 I Otte ?'o inigt s?.Ma m VSI.Cyret...i 1 ? 5 1. a COlyt9ryc 1 .. yst rn Upl x D eT? l'dbury?
T op slil esbcg h o % ar c ,°, Ber, i d v ° ° g tei o ?
Bridtord*".:,,',.:% ?. I, `::1 psto 0 ? ? ? Io ?r ar Pd '; leig Oas O hcdi ?c ?d 'ny ^ Tracey'? DaWIiL F?ood ?
ewto ? ?F.Teig Teip n mout Babb u d acombe tskerswryae l rr ° rsw yell y ta rl .° - I m ngt e o on i ?St' q ' TFe ursreh
o Ba Hope's Nose n° ?
y`? ton b 0 wear B trc +.?f ' ter Hel yh `?
SprSytonc 2 jihtafs terh.
P eaV 55' uns eto arrstBOYead pp?ssto :Petoenviq' Dit 5to Owermotgne POrfr s k, c ° r 0 r OTtn * ing eno ", 'Lif Melco Scilly Islands West Long.
ydk lene nPP ° rth Isle L y e rtune Whitcl an 1 rn P 'e?'i Domtnic ollato k nce l St yoHel anSt.Breoc al el Wrnno ?stle¦gho rranpon 1 B mm ueth Lash olumb d?
A ?
1 rfo rtdge M9a D,itlsham k l o ?? 0?
oc °Newlyn ogetanzabl + t.
T ?r '`?, B uryKngs brld / (Sou oarl? o Y1 o S y m I in ouih Ot? Ih. 6 a t? S ?a ° d Prawle St, PorN to w G°ean y 'a ?
g 0.5t tti Marazon 3 lln Morvah ° ant °N J rho, E Mount's Bay s en ho< S-xeV ?
ednack F D Long. West 4°of Greenwich E C i A ° 5 5° sC.
Government. Act 1888 the only form of countygovern 1' S' g lent in England was that of the justices in quarter sessions (q.v.). Quarter sessions were originally a judicial body, but being the only body having jurisdiction over the county as a whole, certain powers were conferred and certain duties imposed upon them with reference to various matters of county government from time to time. The principal object of the act of 1888 was to transfer these powers and duties from the quarter sessions to the new representative body - the county council; and it may be said that substantially the whole of the administrative business of quarter sessions was thus transferred.
The subjects of such transfer include (i.) the making, assessing and levying of county, police, hundred and all rates, and the application and expenditure thereof, and the making of orders for the payment of sums payable out of any such rate, or out of the county stock or county fund, and the preparation and revision of the basis or standard for the county rate. With regard to the county rate, few words of description may be sufficient here. The council appoint a committee called a county rate committee, who from time to time prepare a basis or standard for county rate, that is to say, they fix the amount at which each parish in the county shall contribute its quota to the county rate. As a general rule the poorlaw valuations are followed, but this is not universally the case, some county councils adopting the assessment to income tax, schedule A, and others forming an independent valuation of their own. The overseers of any parish aggrieved by the basis may appeal against it to quarter sessions, and it is to be noticed that this appeal is not interfered with, the transfer of the duties of justices relating only to administrative and not to judicial business. When a contribution is required from county rate, the county council assess the amount payable by each parish according to the basis previously made, and send their precept to the guardians of the unions comprising the several parishes in the county, the guardians in their turn requiring the overseers of each parish to provide the necessary quota of that parish out of the poor rate, and the sum thus raised goes into the county fund. The police rate is made for the purpose of defraying the expenses of the county police. It is made on the same basis as the county rate, and is levied with it. The hundred rate is seldom made, though in some counties it may be made for purposes of main roads and bridges chargeable to the hundred as distinguished from the county at large; (ii.) the borrowing of money; (iii.) the passing of the accounts of, and the discharge of the county treasurer; (iv.) shire halls, county halls, assize courts, the judges' lodgings, lock-up houses, court houses, justices' rooms, police stations and county buildings, works and property; (v.) the licensing under any general act of houses and other places for music or for dancing, and the granting of licences under the Racecourses Licensing Act 1879; (vi.) the provision, enlargement, maintenance and management and visitation of, and other dealing with, asylums for pauper lunatics; (vii.) the establishment and maintenance of, and the contribution to, reformatory and industrial schools; (viii.) bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives Amendment Act 1878 in the county authority. It may be observed that bridges have always been at common law repairable by the county, although, with regard to bridges erected since the year 1805, these are not to be deemed to be county bridges repairable by the county unless they have been erected under the direction or to the satisfaction of the county surveyor. The common-law liability to repair a bridge extends also to the road or approaches for a distance of 300 ft. on each side of the bridge. Of the powers vested in the county authority under the Highway Act 1878, the most important are those relating to main roads, which are specially noticed hereafter; (ix.) the tables of fees to be taken by and the costs to be allowed to any inspector, analyst or person holding any office in the county other than the clerk of the peace and the clerks of the justices; (x.) the appointment, removal and determination of salaries of the county treasurer, the county surveyor, the public analysts, any officer under the Explosives Act 1875, and any officers whose remuneration is paid out of the county rate, other than the clerk of the peace and the clerks of the justices; (xi.) the salary of any coroner whose salary is payable out of the county rate, the fees, allowances and disbursements allowed to be paid by any such coroner, and the division of the county into coroners' districts and the assignments of such districts; (xii.) the division of the county into polling districts for the purposes of parliamentary elections, the appointment of the places of election, the places of holding courts for the revision of the lists of voters, and the costs of, and other matters to be done for the registration of parliamentary voters; (xiii.) the execution as local authority of the acts relating to contagious diseases of animals, to destructive insects, to fish conservancy, to wild birds, to weights and measures, and to gas meters, and of the Local Stamp Act i 869; (xiv.) any matters arising under the Riot (Damages) Act 1886. Under this act compensation is payable out of the police rate to any person whose property has been injured, stolen or destroyed by rioters; (xv.) the registration of rules of scientific societies, the registration of charitable gifts, the certifying and recording of places of religious worship, the confirmation and record of the rules of loan societies. These duties are imposed under various statutes.
In addition to the business of quarter sessions thus transferred, there was also transferred to the county council certain business of the justices of the county out of session, that is to say, in petty or special sessions. This business consists of the licensing of houses or places for the public performance of stage plays, and the execution, as local authority, of the Explosives Act 1875. Power was given by the act to the Local Government Board to provide, by means of a provisional order, for transferring to county councils any of the powers and duties of the various central authorities which have been already referred to; but although such an order was at one time prepared, it has never been confirmed, and nothing has been done in that direction.
Apart from the business thus transferred to county councils, the act itself has conferred further powers or imposed further duties with reference to a variety of other matters, some of which must be noticed. But before passing to them it is necessary here to call attention to one important subject of county government which has not been wholly transferred to the county council, namely, the police. It was matter of considerable discussion before the passing of the act whether the police should remain under the control of the justices, or be transferred wholly to the control of the county council. Eventually a middle course was taken. The powers, duties and liabilities of the quarter sessions and justices out of session with respect to the county police were vested in the quarter sessions and the county council jointly, and are now exercised through the standing joint-committee of the two bodies. That committee consists of an equal number of members of the county council and of justices appointed by the quarter sessions, the number being arranged between the two bodies or fixed by the secretary of state. The committee are also charged with the duties of appointing or removing the clerk of the peace, and they have jurisdiction in matters relating to justices' clerks, the provision of accommodation for quarter sessions or justices out of session, and the like, and their expenses are paid by the county council out of the county fund. The standing joint-committee have power to divide their county into police districts, and, when required by order in council, are obliged to do so. In such a case, while the general expenditure in respect of the entire police force is defrayed by the county at large, the local expenditure, i.e. the cost of pay, clothing and such other expenses as the joint-committee may direct, is (defra ed at the cost of the particular district for which it is incurred (see also P01.1cE).
Among the powers and duties given to county councils by the Local Government Act 1888, the first to be mentioned, following the order in the act itself, is that of the appointment ty of county coroners. The duties of a coroner are limited to the holding of inquiries into cases of death from causes suspected to be other than natural, and to a few miscellaneous duties of comparatively rare occurrence, such as the holding of inquiries relating to treasure trove, and acting instead of the sheriff on inquiries under the Lands Clauses Act, &c., when that officer is interested and thereby disabled from holding such inquiries. (For the history of the office of coroner, which is a very ancient one, see that title.) The county council may appoint any fit person, not being a county alderman or county councillor, to fill the office, and in the case of a county divided into coroners' districts, may assign him a district. It has been decided, however, that the power hereby conferred does not extend to the appointment of a coroner for a liberty or other franchise who would not under the old law have been appointed by the freeholders. It may be mentioned that though a coroner may have a district assigned to him, he is nevertheless a coroner for the entire county throughout which he has j urisdiction. It was provided by the Highway Act 1878 that every road which was disturnpiked after the 31st of December 1870 should be deemed to be a main road, the expenses of the repair and maintenance of which were to be contributed as to one-half thereof by the justices in quarter sessions, then the county authority. By another section of the same act it was provided that where any highway in a county was a medium of communication between great towns, or a thoroughfare to a railway station, or otherwise such that it ought to be declared a main road, the county authority might declare it to be a main road, and thereupon one-half the expense of its maintenance would fall upon the county at large. Once a road became a main road it could only cease to be such by order of the Local Government Board. As already stated, the powers of the quarter sessions under the act of 1878 were transferred to the county council under the Local Government Act of 1888, and that body alone has now power to declare a road to be a main road. But the act of 1888 made some important Of the powers and duties of county councils, may be convenient to treat of these first, in so far as they are transferred to or conferred on them by the Local Government Act 1888, under which they were created, and after ferred wards in so far as they have been conferred by sub sequent legislation. Before the passing of the Local changes in the law relating to the maintenance of main roads. It declared that thereafter not only the half but the whole cost of maintenance should be borne by the county. Provision is made for the control of main roads in urban districts being retained by the urban district council. In urban districts where such control has not been claimed, and in rural districts, the county council may either maintain the main roads themselves or allow or require the district councils to do so. The county council must in any case make a payment towards the costs incurred by the district council, and if any difference arises as to the amount of it, it has to be settled by the Local Government Board. In Lancashire the cost of main roads falls upon the hundred, as distinguished from the county at large, special provision being made to that effect. Special provision has also been made for the highways in the Isle of Wight and in South Wales, where the roads were formerly regulated by special acts, and not by the ordinary Highway Acts.
The county council have the same power as a sanitary authority to enforce the provisions of the Rivers Pollution Prevention Acts in relation to so much of any stream as passes through Revers or by any part of their county. Under these acts a sanitary authority is authorized to take proceedings to restrain interference with the due flow of a stream or the pollution of its waters by throwing into it the solid refuse of any manufactory or quarry, or any rubbish or cinders, or any other waste or any putrid solid matter. They may also take proceedings in respect of the pollution of a stream by any solid or liquid sewage matter. They have the same powers with respect to manufacturing and mining pollutions, subject to certain restrictions, one of which is that proceedings are not to be taken without the consent of the Local Government Board. The county council may not only themselves institute proceedings under the acts, but they may contribute to the costs of any prosecution under the acts instituted by any other county or district council. The Local Government Board is further empowered by provisional order to constitute a joint-committee representing all the administrative counties through or by which a river passes, and confer on such committee all or any of the powers of a sanitary authority under the acts.
A county council has the same power of opposing bills in parliament and of prosecuting or defending any legal proceedings necessary = for the promotion or protection of the interests of the inhabitants of a county as are conferred on the council m legal of a municipal borough by the Borough Funds Act 1872, with this difference, that in order to enable them to oppose a bill in parliament at the cost of the county rate, it is not necessary to obtain the consent of the owners and ratepayers within the county. The power thus conferred is limited to opposing bills. The council are not authorized to promote any bill, and although they frequently do so, they incur the risk that if the bill should not pass the members of the council will be surcharged personally with the costs incurred if they attempt to charge them to the county rate. Of course if the bill passes, it usually contains a clause enabling the costs of promotion to be paid out of the county rate. It must not be supposed, however, that the county council have no power to institute or defend legal proceedings or oppose bills save such as is expressly conferred upon them by the Local Government Act. In this respect they are in the same position as all other local authorities, with respect to whom it has been laid down that they may without any express power in that behalf use the funds at their disposal for protecting themselves against any attack made upon their existence as a corporate body or upon any of their powers or privileges.
The county council have also the same powers as a borough council of making by-laws for the good government of the county and for By=laws. the suppression of nuisances not already punishable By under the general law. This power has been largely acted upon throughout England, and the courts of law have on several occasions decided that such by-laws should be benevolently interpreted, and that in matters which directly arise and concern the people of the county, who have the right to choose those whom they think best fitted to represent them, such representatives may be trusted to understand their own requirements. Such by-laws will therefore be upheld, unless it is clear that they are uncertain, repugnant to the general law of the land, or manifestly unreasonable. It may be mentioned that, while by-laws relating to the good government of the county have to be confirmed by the secretary of state, those which relate to the suppression of nuisances have to be confirmed by the Local Government Board. Such confirmation, however, though necessary to enable the council to enforce them, does not itself confer upon them any validity in point of law.
The county council have power to appoint and pay one or more medical officers of health, who are not to hold any other appoint ment or engage in private practice without the express written consent of the council. The council may make officers arrangements whereby any district council or councils may have the services of the county medical officer on payment of a contribution towards his salary, and while such arrangement is in force the duty of the district council to. appoint a medical officer is to be deemed to have been satisfied. Every medical officer, whether of a county or district, must now be legally qualified for the practice of medicine, surgery and midwifery. Besides this, in the case of a county, or of any district or combination of districts of which the population exceeds 50,000, the medical officer must also have a diploma in public health, unless he has during the three consecutive years before 1892 been medical officer of a district or combination having a population of more than 20,000, or has before the passing of the act been for three years a medical officer or inspector of the Local Government Board.
The only other powers and duties of a county council arising under the Local Government Act itself which it is necessary to notice are those relating to alterations of local areas. Alters= It may be convenient here to state that certain alterations of areas can only be effected through the med i um lo of the Local Government Board after local inquiry. These cases include the alteration of the boundary of any county or borough, the union of a county borough with a county, the union of any counties or boroughs or the division of any county, the making of a borough into a county borough. In these cases the order of the Local Government Board is provisional only, and must be confirmed by parliament. The powers of a county council to make orders for the alteration of local areas are as follows: When a county council is satisfied that a prima facie case is made out as respects any county district not a borough, or as respects any parish, for a proposal for all or any of the things hereafter mentioned, they may hold a local inquiry after giving such notice in the locality and to such public departments as may be prescribed from time to time by the orders of the Local Government Board. The things referred to include the alteration of the boundary of the district or parish; the division or union thereof with any other district or districts, parish or parishes; the conversion of a rural district or part thereof into an urban district or vice versa. In these cases, after the local inquiry above referred to has been held, the county council, being satisfied that the proposal is desirable, may make an order for the same accordingly. The order has to be submitted to the Local Government Board, and that board must hold a local inquiry in order to determine whether the order should be confirmed or not, if the council of any district affected by it, or one-sixth of the total number of electors in the district or parish to which it relates, petition against it. The Local Government Board have power to modify. the terms of the order whether it is petitioned against or not, but if there is no petition, they are bound to confirm, subject only to such modifications. Very large powers are conferred upon county councils for the purpose of giving full effect to orders made by them under these provisions. A considerable extension of the same powers was made by the Local Government Act 1894, which practically required every council to take into consideration the areas of sanitary districts and parishes within the entire administrative county, and to see that a parish did not extend into more than one sanitary district; to provide for the division of a district which did extend into more than one district into separate parishes, so that for the future the parish should not be in more than one county district; and to provide for every parish and rural sanitary district being within one county. An enormous number of orders under the act of 1894 was made by county councils, and, speaking generally, it will now be found that no parish extends into more than one county or county district. Other powers and duties of the county council under the act of 1894 will be noticed hereafter.
Of the statutes affecting county councils passed subsequent to 1888 mention need only be made of the chief.
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, much 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 id. 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 r espect of the residue of the English share of the local taxation (customs and excise) duties already referred to. See further Education and TECHNICAL Education.
Under the Midwives Act 1902, every council of a county or county borough is the local supervising authority over midwives within its Midwives. area. The duty of the local supervising authority is to Midw exercise general supervision over all midwives practising 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 Lunatics 1890, which again has been amended by a later act. The 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 Allot allotments in the urban districts and parishes in the county,. or would be a demand if suitable land were available, and meats 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 Small . with county councils as to how best to provide them. 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 I 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 Hospi t a l s the application of any local authority within the county, 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 a 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 relating Diseases of to contagious diseases of animals. These acts were 'a' lm se 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 to Light construct and work or contract for the construction or railways. 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 MisceI superannuation, railway and canal traffic, shop hours, laneous. 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 The provision for the constitution and government of municipal certain boroughs which were enumerated in a schedule. borough That act was from time to time amended, until in 1882 and the by an act of that year the whole of the earlier acts were borough council. 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, the Parish councils. boundaries 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 £loo, 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 chair- Officers . man 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. Finance . These include the remuneration of the mayor, recorder 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 of certiorari, and 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 jurisJuris d - diction with the borough justices in all matters arising ti o n o within the borough. Where, however, the borough has Justices; a court of quarter sessions, the county justices have no quarter jurisdiction within the borough. In all cases, whether sessions. 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 appoint Sheriff, a fit and proper person, not an alderman or councillor, to coroner. 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 Power to upon the council as a body. It does, however, enable a acquire municipal corporation to acquire corporate land and land. 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 is Borough locally situate. It may here be mentioned that a city bridges. 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, By-laws. and for the prevention and suppression of nuisances not 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 io,000 according to the census of 1881 can no longer have a separate police force. But for some time before that year it had become the rule not to grant to any new borough with a population. of less than 20,000 a separate police force. The subject of Police police is separately treated in the Encyclopaedia Britan- nica, 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 county the district 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 to 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 Local Government Board has power to unite any number of districts or parts of districts into what is called a united districts. 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 mention another special kind of district authority, that is, a Port port sanitary authority. It is also constituted by order of the Local Government Board, and it may include one authority. 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 former are much more extensive than those of the latter, and Powers of as the consideration of the subject proceeds it will be necessary to indicate what powers and duties are con- rural ferred or imposed upon urban district councils only. ci 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 B n s transaction and management of their business. Three and members must be present to constitute a quorum. At the offices, 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 the Statutory 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 Gom- which in their opinion can properly be exercised by such committees. Such committees do not, however, m 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 Public statutes. In so far as such powers and duties are common 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 in 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 case 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 zoo 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 Sanitary for factories, and the maintenance of such conveniences accommo- i n proper condition. The urban council have power to s e for provide and maintain and make provision for the regu- houses. lation 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 not R 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 Water - private purposes, and for this purpose they may con- supply. struct 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 washhouses, 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 they comply with certain stringent requirements as to the height of the rooms, height of the ceilings above the surface of Cellar . 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 inspected. 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 laws 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, 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 dwellinghouse 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 inadequateremedy, 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 districts 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. es. 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 is. 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 effectual [England [Local Government]] means 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 existing 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 regula tions for the speedy interment of the dead, house-tohouse 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 Mortu r respect to the management and charges for the use of the same. Where the body of a person who has died of an 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 any post mortem examination 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 Cemeteries 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 highways Acts. But before 1894 a rural district council had no .
power or duty in respect of highways except in a few 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 theLformer 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 Government 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 bodies ratione 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 Public provided by any other person. They may also contribute 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 any 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 Hackney and nuisances in streets, fires, places of public resort, hackney carriages and public bathing. An urban council cFQ ' 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 council that they must contract under their common seal, the exception to this rule including the doing of acts very of lands. 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 X50, 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 By=laws. that these require to be confirmed by the Local Govern ment 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. To 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 Rio, 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 Government Board 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 Borrowing regulations. The money must be borrowed for permanent works, the expenses of which ought in the opinion of the 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 t. ineffective manner as has already been mentioned in Audi the case of the accounts of the council under the Municipal 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, Proceed- whereby, before legal proceedings could be taken against a Proceed- body, notice of action had to be given and the ings proceedings commenced within a certain limited time. against The act applies to all public authorities, including, of district , course, district councils, and it provides in effect that councils 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 Housing most important is the Housing of the Working Classes Act ofHousing 1890. It contains three distinct parts. Under the first an urban district council may, by means of a scheme, acquire, working . rearrange and reconstruct an area which has been proved classes 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 dwellinghouses, 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 Baths and and Washhouses Acts, and thereunder provide public wash= baths, wash-houses, open bathing-places, covered swim. ming baths, which they may close in the winter months houses 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 company 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 Bills In prosecute or defend any legal proceedings necessary for the promotion or protection of the interests of the district, Parlla- and may charge the costs incurred in so doing to the w ent and rates under their control. The power to incur parlial egal pro- mentary costs, however, is subject to several important ceedings. 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 Adulrera- acts do not impose upon district councils themselves tion. 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 Rivers Pollution Prevention Act 1876 have been incidentally Rivers noticed when dealing with county councils, whose powers pollution. 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 Electric licence or order may be granted to a private person or l i ghting. 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 allot- Allot- ments, that these could not be obtained at a reasonable meats. 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 td. in the £, is in a borough in the nature of a borough rate, and in any other urban district in 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.
Before the passing of the Local Government Act 1894 there was really nothing in the form of local government for a parish.
parish It is true that the inhabitants in vestry had certain The and the powers. They could adopt various acts, which will be parish more particularly referred to hereafter, and they could council. appoint the persons who were to carry these acts into execution. They elected the churchwardens and overseers, the highway surveyor, if the parish was a separate unit for highway purposes, and the waywardens if it was included in a highway district. But there was nothing in the nature of a representative body exercising any powers of government in the parish regarded as a separate area. Under the act of 1894 this was changed. In every rural parish, that is to say, in every parish which is not included within an urban district, there is a parish meeting, which consists of the parochial electors of the parish. As already stated, these are the persons whose names are on the parliamentary and local government registers. If the parish has a population exceeding 300, a parish council must be elected. If it has a population of loo or upwards, the county council are bound to make an order for the election of a parish council if the parish meeting so resolves. Where there is no parish council, as will be seen hereafter, the various powers conferred upon a council are exercised by the parish meeting itself. Two or more parishes may be grouped together under a common parish council by order of the county council if the parish meetings of each parish consent. An annual parish meeting in every rural parish must be held on the 25th day of March or within seven days before or after that date; and if there is no parish council, there must be at least one other parish meeting in the year. At the annual parish meeting the parish council, if there is one, is elected, and the members of the council, who originally held office for one year only, now, under a subsequent act, hold office for three years. Any person who is a parochial elector, or who has for twelve months preceding the election resided in the parish, or within 3 m. thereof, may be elected parish councillor, and the number of councillors is to be fixed from time to time by the county council, not being less than five nor more than fifteen. Women, whether married or single, are eligible.
The council are elected in manner provided by the rules of the Local Government Board. The rules now in force will be found in the Statutory Rules and Orders. They are very similar to those which are in force with reference to the elections of district councils, which have already been noticed. If a poll is demanded, it must be taken under the Ballot Act, as applied by the rules, and for all practical purposes it may be taken that the election proceeds in the same manner as that of a district council. The parish council elects a chairman annually. He may be one of their own number, or some other person qualified to be a parish councillor. The council is a body corporate, may hold land in mortmain, and can appoint committees for its own parish or jointly with any other parish council.
to Among the powers conferred upon a parish council are Powers appoint those of appointing overseers and of appointing and re overseers. y oking the appointment of assistant overseers. Churchwardens are no longer overseers, and the parish council may appoint as overseers a number of persons equal to the number formerly appointed as overseers and churchwardens. It may be useful to mention here that for purposes of the administration of the poor law, overseers no longer act, their duties in that respect having been superseded by the guardians. They remain, however, the rating authority so far as regards the poor rate and nearly all other rates, the exceptions being the general district rate in an urban district and the borough rate in a borough, made by the town council. They still have power to give relief to poor persons in case of sudden and urgent necessity, but their principal duty is that of rating authority, and they are bound to make out the lists for their parishes of jurors and electors. No payment is made to them. The office is compulsory, but certain persons are privileged from being elected to it. The assistant overseer, who was formerly nominated by the inhabitants and vestry and then formally appointed by justices, is now, as has been stated, appointed by the parish council. He holds office at pleasure, and receives such remuneration as the council fix, and he performs all the duties of an overseer, or such of them as may be prescribed by the terms of his appointment. There may be in a parish a collector of rates appointed by the guardians. In that event, an assistant overseer cannot be appointed to perform the duties of collector of rates, but, on the other hand, the parish council may invest the collector with any of the powers of an overseer. The parish council may appoint a clerk, who may be either one of their own number without payment, or the assistant overseer, rate collector or some other fit person, with remuneration.
Among the duties transferred to parish councils may be mentioned the provision of parish books and of a vestry room or parochial office, parish chest, fire engine or fire escape, the holding or management of parish property, other than property Powers relating to affairs of the church or held for an ecclesiastical and duties charity, the holding or management of village greens or of parish of allotments, the appointment of trustees of parochial councils. charities other than ecclesiastical charities in certain cases, and certain limited powers with reference to the supply of water to the parish, the removal of nuisances, and the acquisition of rights of way which are beneficial to the inhabitants.
Among the most important of the matters which concern a rural parish is the administration of what are commonly called the adoptive acts. These include the Lighting and Watching Act, the Baths and Washhouses Acts, the Burial Acts, the Public Lighting Improvement Act and the Public Libraries Acts. The Watching Lighting and Watching Act was formerly adopted for a Watchin or part of a parish, by the inhabitants in vestry, who elected lighting inspectors, of whom one-third went out of office in every year. The inspectors took the necessary steps for having the parish lighted (the provisions as to watching having been obsolete for many years), and the expenses of lighting were raised by the overseers upon an order issued to them by the inspectors. The owners and occupiers of houses, buildings and property, other than land, pay a rate in the £ three times greater than that at which the owners and occupiers of land are rated and pay for the purposes of the act. Now this act, like the other adoptive acts, can only be adopted by the parish meeting, and where adopted for part only of a parish, must be adopted by a parish meeting held for that part. After the adoption of the act it is carried into execution by the parish council, if there is one, and if not, by the parish meeting, and the expenses are raised in the same manner as heretofore.
The Baths and Washhouses Acts have already been Baths and referred to in dealing with district councils, and it is Wash- sufficient to say that they are now adopted and ad- houses ministered in a rural parish in the manner pointed out A`"' with reference to the Lighting and Watching Act. The same may be said of the Burial Acts, but these are sufficiently important to require special notice. These acts contain provisions whereby burials may be prohibited in urban districts, and Burial churchyards or burial grounds already existing may be Acts. closed when full. Formerly, when the acts had been adopted by the vestry, it was necessary to appoint a burial board to carry the acts into execution and provide and manage burial grounds. Now, in a rural parish which is coextensive with an area for which the acts have been adopted, the burial board is abolished and the acts are administered by the parish council; and the acts cannot be adopted in a rural parish save by the parish meeting. If the area under a burial board in 1894 was partly in a rural parish and partly in an urban district, the burial board was superseded, and the powers of the board are exercised bya joint committeeappointed partly by the urban district council and partly by the parish council, or parish meeting, as the case may be. In a rural parish where there is no parish council, though the acts are adopted by the parish meeting, it is still necessary to elect the burial board, and that board will be elected by the parish meeting. The distinction between a burial ground under the Burial Acts and a cemetery provided under the Public Health Acts has already been noticed. A burial ground, properly so called, has to be divided into consecrated and unconsecrated portions, and the former really takes the place of the parish churchyard; and the incumbent of the parish church, the clerk, and the sexton continue to receive the same fees upon burials in the consecrated portion as they would have done in the parish churchyard. It has been mentioned that a portion of the burial ground must be left unconsecrated. But this is subject to one important exception, that the parish meeting may unanimously resolve that the whole of the burial ground shall be consecrated. In that case, however, the parish council may, within ten years thereafter, determine that a separate unconsecrated burial ground shall also be provided for the parish. The expenses of the execution of the Burial Acts are provided by the overseers out of the poor rate upon the certificate of the body entrusted with the execution of them. In the event of the acts being adopted for a portion only of a rural parish, the burial board, or the parish meeting, may by resolution transfer all the powers of the board to the parish council.
The Public Improvement Act, when adopted, enables a parish council to purchase or lease, or accept gifts of land for the purpose of forming public walks, exercise or play grounds, and ublic to provide for the expense by means of a parish improve- Improve- ment rate. Before any such rate is imposed, however, m ea t Act. a sum in amount not less than at least half of the estimated cost of the proposed improvement must have been raised by private subscription or donation, and the rate must not exceed sixpence in the;.
The Public Libraries Acts enable the authority adopting them to provide public libraries, museums, schools for science, art galleries Public and schools for art. The expenses in a rural parish are defrayed by means of a rate raised with, and as part of, the poor rate, with a qualification to the effect that agri cultural land, market gardens and nursery grounds are to be assessed to the rate at one-third only of their rateable value. The expenses of a parish council may not, without the consent of a parish meeting, exceed the amount of a rate of threepence in the for the financial year; but with the consent of the parish meeting the limit may be increased to sixpence, exclusive of expenses under the adoptive acts. If it is necessary to borrow, the consent of the parish meeting and of the county council must be obtained. The expenses are payable out of the poor rate by the overseers on the precept of the parish council.
One of the most important powers conferred upon a parish council is that which enables them to prevent stoppage or diversion of any public right of way without their consent and without the approval of the parish meeting. The council may also complain to the county council that the district council have failed to sewer their parish or provide a proper water-supply, or generally to enforce the provisions of the Burial Acts; and upon such complaint, if ascertained to be well founded, the county council may transfer to themselves the powers and duties of the district council, or may appoint a competent person to perform such powers and duties. In a parish which is not sufficiently large to have a parish council, most of the powers and duties conferred or imposed on the parish council are exercised by the parish meeting. It may be convenient here to add that where, under the Local Government Act 1894, the powers of a parish council are not already possessed by an urban district council, the Local Government Board may by order confer such powers on the urban council. This has been done almost universally, as far as regards the power to appoint overseers and assistant overseers, and in many cases urban councils have also obtained powers to appoint trustees of parochial charities.
The foregoing is a sketch of the scheme of local government carried out in England and Wales. No attempt has been made to deal with poor law (q.v.) or education (q.v.). The local administration of justice devolving upon the justices in quarter or petty sessions is hardly a matter of local government, although in one important respect, that, namely, of the licensing of premises for the sale of intoxicating liquors, it may be thought that the duties of justices fall within the scope of local government. It will be seen that the scheme, as at present existing, has for its object the simplification of local government by the abolition of unnecessary independent authorities, and that this has been carried out almost completely, the principal exception being that in some cases burial boards still exist which have not been superseded either by urban district councils or by parish councils or parish meetings. There are also some matters of local administration arising under what are called commissions of sewers. These exist for the purpose of regulating drainage, and providing defence against water in fen lands or lands subject to floods from rivers or tidal waters. The commissioners derive their authority from the Sewers Commission Acts, which date from the time of Henry VIII., from the Land Drainage Act 1861, and from various local acts. It is unnecessary, however, to consider in any detail the powers exercised by commissioners of sewers in the few areas under their control.
Authorities. - G. L. Gomme, Lectures on the Principles of Local Government; S. and B. Webb, English Local Government; Redlich and Hirst, Local Government in England; Wright and Hobhouse, Local Government and Local Taxation; W. Blake Odgers, Local Government; Alex. Glen and W. E. Gordon, The Law of County Government; Alex. Glen, The Law relating to Public Health; The Law relating to Highways; W. J. Lumley, The Public Health Acts (6th ed., by Macmorran and Dill) Macmorran and Dill, The Local Government Act 1888, &c.; The Local Government Act 1894, &c.; Hobhouse and Fairbairn, The County Councillors' Guide; Pratt, The Law of Highways (15th ed., by W. Mackenzie); Archbold, Law of Quarter Sessions (4th ed., by Mead and Croft); J. Brooke Little, The Law of Burials; Archbold, On Lunacy (4th ed., by S. G. Lushington. (A. MGM.; T. A. I.) General Bibliography Among earlier works devoted to, or dealing largely with topography, a few may be mentioned out of a considerable mass. W. Camden, Britannia; sive florentissimorum regnorum Angliae, Scotiae, Hiberniae. .. chorographica descriptio(1586 and subsequent editions; in Latin, but translated by several successive writers. both in Camden's time and later); M. Drayton, Poly-Olbion (a descriptive poem, first issued in a complete form in 1622); T. Fuller, History of the Worthies of England (1662); J. Leland, Itinerary, and Collectanea, edited by T. Hearne respectively in 1710 and 1715; T. Cox and A. Hall, Magna Britannia (1720, based on Camden's Britannia, in English); D. Defoe, Tour through the whole Island of Great Britain. .. divided into Circuits or Journeys (1724-1727); various works of Thomas Pennant, published between 1741 and 1820, and, at the same period, of Arthur Young (topographical treatises on agriculture, &c.); W. Gilpin, Observations on Picturesque Beauty made in the Year 1776 in several Parts of Great Britain (1778); Essays on Prints and Early Engravings; Western Parts of England (1798), and other works on various districts; Gentleman's Magazine (1731-1868); E. W. Brayley, J. Britton and others, Beauties of England and Wales, or, Original Delineation, Topographical, Historical and Descriptive, of each County (1801-1818; both the authors named wrote other descriptive works on special localities; Britton wrote Architectural Antiquities of Great Britain, 1835); Daniel Lysons (with the collaboration of his brother Samuel), Magna Britannia, Topographical Account of the several Counties of Great Britain (1806-1822; the counties were taken alphabetically but on the death of Samuel Lysons in 1819 the work was stopped at Devonshire); Sir G. Head, Home Tour in the Manufacturing Districts of England (1835); Nathaniel Hawthorne, English Notebooks (1870). Among modern publications, out of a great mass of works of more or less popular character, there may be mentioned the well-known series of 1Vlurray's Guides, in which each volume treats of a county or group of counties.
Early in the 10th century the Victoria History of the Counties of England (dedicated to Queen Victoria) began to appear; its volumes deal with each county from every aspect - natural history, prehistoric and historic antiquities, ethnography, history, economic conditions, topography and sport being dealt with by authorities in all branches. The maps of the Ordnance, Geological and Hydrographic Surveys delineate the configuration and geology of England and the adjacent seas with a completeness unsurpassed in any other country. For ordinary detailed work the best series of maps is found in Bartholomew's Survey Atlas of England and Wales (Edinburgh Geographical Institute, 1903), which, besides small distributional, physical and other maps and letterpress, contains a magnificent series of colouredcontour maps on the scale of z in. to j m. (also issued in larger separate sheets).
Statistics of every kind - of climate, agriculture, mining, manufactures, trade, population, births, marriages, deaths, disease, migration, education - are liberally furnished by government agencies.
See also A. J. Jukes-Brown, The Building of the British Islands (London, 1888); Sir A. C. Ramsay, Physical Geography and Geology of Great Britain, edited by H. B. Woodward (London, 1894); Lord Avebury, The Scenery of England and the Causes to which it is due (London, 1902); Sir A. Geikie, Geological Map of England and Wales (scale, io m. to 1 in.; Edinburgh, 1897); E. Reclus, Universal Geography, vol. iv., The British Isles, edited by E. G. Ravenstein (London, 1880); H. J. Mackinder, Britain and the British Seas (2nd ed., Oxford, 1907) G. G. Chisholm, " On the Distribution of Towns and Villages in England," in Geographical Journal, vol. ix. (1897), pp. 76-87; vol. x. (1897), pp. 511-530; A. Haviland, The Geographical Distribution of Disease in Great Britain (London, 1892); A. Buchan, " The Mean Atmospheric Temperature and Pressure of the British Islands " (with maps), Journal of the Scottish Meteorological Society, vol. xi. (1898), pp. 3-4 1; W. M. Davis,"TheDevelopment of Certain English Rivers," Geographical Journal, vol. v. (1895), pp. 127-148; H. R. Mill, " The Mean and Extreme Rainfall of the British Isles," Min. Proc. Inst. C.E. (1904), vol. clv. part i.; " A Fragment of the Geography of England - South-west Sussex," Geographical Journal, vol. xv. (1900), p. 205; " England and Wales viewed Geographically," Geographical Journal, vol. xxiv. (1904), pp. 621-636.
Copyright Statement
These files are public domain.
Bibliography Information
Chisholm, Hugh, General Editor. Entry for 'England'. 1911 Encyclopedia Britanica. https://www.studylight.org/​encyclopedias/​eng/​bri/​e/england.html. 1910.